Lewis L. Jenne, a clerk for the Canadian Pacific Railway at Sutton, testified that he knew the prisoners, and was distantly connected with one of them, M. L. Jenne, of Abercorn. He had been in the employ of the Canadian Pacific Railway for seven years. On the morning of July 8th, at about two o'clock, he was awakened by James H. Smith and another man, who told him what had happened. Witness had taken it as his work to watch Wilson's hotel, but saw no light or stir about the house. If any light had been there he must have seen it, as he had on many nights before and since. During cross-examination he said that he had watched the hotel on the night in question, from a little after two o'clock until morning. A swift horse could go from Sutton Junction to Sutton in ten or fifteen minutes. Witness had not tried to enter Wilson's house, but had watched outside. He had heard that the Wilsons threatened Smith, and was quite sure he had heard it said that they were mixed up with this affair. Walter Kelly, being then recalled, said that he had seen Wilson on Saturday night, July 7th, between seven and eight o'clock, near Curley's hotel, going towards the post office. He also stated that once he had driven Wilson's team on the road where James Smith claimed to have met him with it. This completed the evidence in the case. Mr. Racicot, counsel for defence, then addressed the jury, quoting all the points of law which might seem to have a bearing in favor of the prisoners, and making an eloquent plea which lasted one hour and twenty minutes. Hon. G. B. Baker, Q. C, quoted the law on the other side, proving quite clearly that the prisoners were deserving of punishment. He laid great importance on the facts that Kelly's evidence had not been contradicted, and that, while Henry Wilson had told of getting up at half-past one, and lighting a lamp which he said had been left burning in the kitchen until morning, the witness Jenne had stated that he watched the house without seeing any light, as he must surely have done had there been one to see. Judge Lynch followed with a very earnest address which lasted about forty-five minutes. He summed up the evidence in the case, and quoted the laws bearing on it, reminding the jurors of their great responsibility, and endeavoring to impress upon their minds the importance of a righteous judgment. His speech was not at all in favor of the accused. The jury then retired, and forty-five minutes later, when the judge demanded their verdict, the sheriff reported that they did not agree, and there was no possibility of their doing so that night. This was announced to the waiting crowd, who had thronged the court room to hear the decision. Court then adjourned, and the jury were locked up for another night.