o'clock when he went out. Now, the murder could not have been committed before twenty minutes past five. This is the evidence tending to show that the prisoner was in the grounds and went towards the fatal spot some time before the crime was perpetrated. He never denies, or has denied, that such was the case. He admitted it in conversation with Mr. Tracy. He said he had been speaking to Miss Tracy within a very few yards of the place where the body was found. And here I must remark upon two circumstances well worthy of your consideration. First: that the counsel for the prosecution have not thought fit to call Miss Tracy; but threw upon us the burden of so doing. Now, Acton, the gardener, might have no hesitation in calling that young lady; but, Mr. Chandos Winslow may have many reasons for not subjecting one towards whom he entertains high respect--may I not say affection?--to the torturing cross-examination of an adverse counsel. Suffice it, gentlemen of the jury, that he refuses to call her; and, respecting his motives, I have ventured to argue, but not to insist.--She should have been called for the prosecution. The other important fact to which I must call your particular attention is this, that although it is proved the prisoner was in the grounds a short time before the murder, we have it in evidence that some one else was in the grounds exactly at the time when the murder must have taken place. Michael Burwash, has sworn, that some ten minutes or quarter-of-an-hour after Mr. Roberts went to the place where he met his death, he saw some person enter the house from that very direction, walking in a quick and hurried manner; that he passed through the green-house instead of taking the usual entrance, as if he desired to avoid observation. Who was it? The witness says it was not Mr. Tracy, or General Tracy; and certainly not the prisoner at the bar. I do not wish to throw any imputations; but the fact is proved, that there was some man, not the prisoner, in the grounds at the very time the murder must have been committed.