"Why, before I could think whether I should go on to the house, as I was going," answered Smithson, "or whether I should run after Master Charles, and ask him to speak a good word for me with his father; I saw Sir Francis coming along the walk from the house, at a quick rate, but not so quick as his son had gone, and there was another person following him, about twenty steps behind, going quicker than he was. I had never seen that person before at that time, but he called twice after Sir Francis Tyrrell, saying the second time, 'You must hear me, and may, therefore, as well stop! By ---- I believe you are insane!' Sir Francis was just at that moment, at the door of the garden, and he turned round and said, as the other came up--'Insane am I? You shall find that I am sane enough to make you a beggar before a week be over, and to free myself from a viper that has been feeding upon me for many a year!' They were now close together, and the other answered, 'You wish, I suppose, to make me think you scoundrel as well as madman!' and then Sir Francis lifted the stick that was in his hand, as if to strike the other; but the other caught hold of it, and being the tallest and strongest, dragged it away from him, and threw it among the plants, not far from the tool-house. "Sir Francis ran after it, saying something I did not rightly hear, and just at that minute, the other seemed to see a gun leaning against the garden wall, for he snatched it up, put it to his shoulder as Sir Francis was looking for the stick, and fired. Sir Francis fell down upon his face, and never moved or spoke, and the other threw down the gun, and took one look round him. It was all done in a minute!" "When he looked round, did he not see you?" demanded the counsel. "No, he could not do that," replied the old man; "they might both, perhaps, have seen me if they had looked as they came up, for I was then only among the trees, at a short distance; but when I saw what was going on, I got behind a thin bush. However, after giving one look round, and one look at the man he had shot: but without touching him, mind: he set out for the house, as hard as he could go." "And now, Mr. Smithson," said the counsel, "I must ask you, on your oath, have you ever seen the person you saw murder Sir Francis Tyrrell, since?" "Why, yes, I have," replied the old man; "I saw him afterward, first at the funeral, where he who had killed him, went as chief mourner, while the son, who had not killed him, was a prisoner in this jail!" There was a dead silence through the court. "The next time I saw him, I watched him out of the house, and asked a groom his name, and the groom told me it was Mr. Driesen; and the last time I saw him, was at Harbury Park, yesterday morning, when I went up to tell him what I intended to do, for I don't think it fair to take any man by surprise."