And here I should like to submit the question, whether, with this knowledge in his possession, the Warden acted right in letting these four men out of their room? Ought he not to have kept them in till the other prisoners had got to their work, and then told them that their plan was known, and that it was too late to make the attempt? Had he done this, he would have been commended, and one of the most unhappy events would have been prevented. If it is a true principle of law, that he, who not only does not _prevent_, but virtually affords facilities for the commission of a _crime_, is in some degree guilty of that crime, then I will leave the Warden of the prison to answer for the death of Fane. In the morning, they were let out, and they went forward like madmen to their fatal project. A lad of about seventeen was on the wall as guard. Prepared for the event, he watched them as they advanced with their plank, and placed it against the wall, but made no attempt to fire. The first that went up were the Higginses and Plumley; Fane was in another part of the yard after a small ladder, which he broke in removing it from its place. Finding that the ladder was broken, and that their other means were insufficient, they retired from the wall, abandoned the attempt, and went behind the chapel. No shot was discharged at either of _them_; but when Fane, who had not yet been at the wall, ran up that way, before he got within three rods of it, the guard levelled his musket at his head, as deliberately as if he were going to shoot at game, and dropped him lifeless on the ground. The ball passed through his temple, and a buck shot through his cheek; the blood gushed out of his head in a large stream, and ran down on the ground nearly a rod. It has always appeared strange to me, that the guard did not fire on one of the others, but reserved his death-shot for Fane. He was asked this question once, and also why he fired _at all_, and his answer was, that Fane was throwing stones at him, one of which, he said, hit him on the cheek. This however, was not true: I saw Fane from the time he came out of his room till he fell dead, and I saw him throw nothing. Indeed he _could not_ have thrown any thing, for as he lay in death, he had firmly clenched in one hand, the chain which he had cut from his leg, and in the other, the knife which he had used as a saw in cutting it. These I saw in his hands the minute he fell, and I know that, with them, he could not have thrown a stone or any thing else.