"He said: 'It will be an evil day for Canada when men, becoming indignant that the machinery of the law is put in force against them, send to Marlboro or any other place for an assassin to "do up" those against whom their indignation is aroused.' Speaking of the combination of circumstances that led to the identification of Kelly, he said: 'There is a Providence in these things. There is an overruling power that is directed in the cause of right.' He said regarding the character of Kelly: 'The learned counsel for the defence will try to make you believe that Kelly's evidence should not be accepted. The witness, Kelly, is not one of my choosing; he is not chosen by any member of this court. He is of the prisoners' own choosing. They could not have procured the pastor of the first church of Marlboro, nor one of the deacons, to do their work, but they were compelled to take a man from behind the bar of a saloon, in a low street; one who would take a shilling for his work, and do the job as directed by them." The first witness examined was Mr. W. W. Smith, whose evidence was similar to that previously given by him. He identified Kelly as the man who had committed the assault on July 8th. The following is a part of the cross-examination as reported in the _Witness_: "'Do you know Peter McGettrick, of Richford?' "'I do.' "'Do you know Frank Brady?' "I do.' "'Did you tell them on the Sunday that they came to see you that you would take your oath that the man who assaulted you was Orin Wilson, a brother of Jas. Wilson?' "'I did not.' "'Did you tell Jane Fay, at church, that you did not know who assaulted you?' "I did not.'" From some of the above questions it would seem that Mr. Brady, not content with having dismissed Mr. Smith from the service of the Canadian Pacific Railway, was trying to aid his assailants to escape justice. The next evidence given was that of Dr. McDonald, of Sutton, the physician who attended Mr. Smith after the assault. His testimony was given in the _Witness_, as follows: