light through the fan-light of the hall door. It is a parish lamp. At the time I saw Church by the light of the lamp I was sitting up in bed: I had not then left my bed. I saw that the person who went out through the door had a man’s shirt on. I did not see his face at all; his back was to me. I then got up and put my small-clothes on and shoes, and went to the pottery to get the man to come up to the house. I told Thomas West what had happened. He was in the pottery, and was there I before went to bed. The person who went out at the door shut it after him. I saw him by the light of the lamp when he opened the door. There was no light in the room; the light came from a lamp on the terrace. That lamp is about five or six yards from the door of the house on the terrace. The terrace, on which my master’s house is situated, is a row of houses raised above the road. The lamp is upon the terrace opposite to the door. The light from the lamp is given to the passage through the fan-light over the door. When the man opened the door and went out, I saw him by the light from the lamp. I could not see the face of the person, but I saw that he had a shirt on. I was rather alarmed. It all took place in a minute. It was not long about. I don’t know how long he had been there before I awoke. From the moment I awoke it took place as fast as possible. I immediately went to West. We did not know whether any body had got in or not. West and I directly came and searched the house for thieves. We went and looked at every chamber door in the home except Mr. Church’s and my mistress’s. We looked at the door of Mr. Church, and that of my mistress. They were both shut. We found all the doors in the house shut except the servant’s, which we found on the jar.” Now, Gentlemen, great stress is laid by the learned counsel for the Defendant upon this circumstance. It is suggested that it might be Mrs. Patrick, or one of the maid servants who entered the room. It appears that one of the servants was the prosecutor’s own sister, and it was not likely to be her that went in. It is said the prosecutor’s counsel ought to have called the maid servant and Mrs. Patrick to negative the supposed circumstance of their having gone into the room. Now, this observation is to be made, that it was open to the one side or to the other to have called the maid servant, and have proposed that question to her. It was clearly open to the Defendant, if he chose to call the maid, and to have asked her that question; and it was equally open to the counsel for the prosecution. It was also open to both sides to have called Mrs. Patrick. It is probable that the prosecutor’s counsel did not like to expose her to the pain of an unnecessary examination, because the Defendant might have called her as a witness for himself.