None of his capacity to make himself understood had the boy lost by the craft of the moonshiners in placing him where he would never hear an English word and was likely to forget the language. A very coherent story he told still later when he was brought into the criminal court at Shaftesville, being the capital of the county in Tennessee where the deed was perpetrated, and confronted by Copenny. One of the moonshiners, arrested on suspicion of complicity with the murder, had turned State's evidence and had given testimony as to the details of the plot to ambush the revenue officer, and the delegation of Phineas Copenny and two others to execute it. Another testified that he had afterward heard of the murderous plan and of the mistake in the identity of the victim; but as neither of these parties was present at the catastrophe, the story of the child was relied on as an eye-witness to corroborate this proof. The admission of his testimony was hotly contested because of his tender years, despite the wide inclusiveness of the statute, and its inadequacy would possibly have resulted in a reversal of the case had an appeal been taken. But Phineas Copenny made no motion for a new trial and desired no appeal. He had feared, throughout, the possible capture and conclusive testimony of Drann and Holvey, and, lest a worse thing befall him, he accepted a sentence of a long term in the penitentiary. In view of the turpitude of "lying in wait," though a matter of inference and not proof, he doubted the saving grace of that anomaly of the Tennessee law that in order to constitute murder in the first degree the victim of a premeditated slaughter must be the person intended to be slain.