The prosecution was strengthened by the reluctant evidence of Barbara
Lamb. She deposed that three years ago Cox had been detected by her
stealing money from a gentleman's table in the "Swan" Inn, and she gave
the details.
The judge asked her whether this was at night
"No, my lord; at about four of the clock. He is never in the house at
night; the mistress can't abide him."
"Has he any key of the house?"
"Oh, dear, no, my lord."
The rest of the evidence for the Crown is virtually before the reader.
For the defence it was proved that the man was found drunk, with no
money nor keys upon him, and that the knife was found under the wall,
and the blood was traceable from the wall to the stable. Bradbury, who
proved this, tried to get in about the wine; but this was stopped as
irrelevant. "There is only one person under suspicion," said the
Judge, rather sternly.
As counsel were not allowed in that day to make speeches to the jury,
but only to examine and cross-examine and discuss points of law, Daniel
Cox had to speak in his own defence.
"My lord," said he, "it was my double done it."
"Your what?" asked my lord, a little peevishly.
"My double. There's a rogue prowls about the 'Swan' at nights, which
you couldn't tell him from me. (Laughter.) You needn't to laugh me to
the gallows. I tell ye he have got a nose like mine." (Laughter.)
Clerk of Arraigns. Keep silence in the court, on pain of imprisonment.
"And he have got a waistcoat the very spit of mine, and a tumble-down
hat such as I do wear. I saw him go by and let hisself into the 'Swan'
with a key, and I told Sam Pott next morning."
Judge. Who is Sam Pott?
Culprit. Why, my stable-boy, to be sure.
Judge. Is he in court?
Culprit. I don't know. Ay, there he is,
Judge. Then you'd better call him.
Culprit (shouting). Hy! Sam!
Sam. Here be I. (Loud laughter.)
The judge explained, calmly, that to call a witness meant to put him in
the box and swear him, and that although it was irregular, yet he
should allow Pott to be sworn, if it would do the prisoner any good.
Prisoner's counsel said he had no wish to swear Mr. Pott.
"Well, Mr. Gurney," said the judge, "I don't think he can do you any
harm." Meaning in so desperate a case.
Thereupon Sam Pott was sworn, and deposed that Cox had told him about
this double.
"When?"
"Often and often."
"Before the murder?"
"Long afore that."
Counsel for the Crown. Did you ever see this double?
"Not I."
Counsel. I thought not.
Public-domain text, read in full here on John Shaqi.
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