This question was ingeniously put, and had the effect to make all the succeeding witnesses shy on this point; for it created a belief that there was a difference that might be recognized by those who are skilled in such matters. The witness assented to the view of Dunscomb; and having been so far sifted as to show he knew no more than all the rest of the neighbours, he was suffered to quit the stand. The result was that very little was actually established by means of this testimony. It was evident that the jury was now on the alert, and not disposed to receive all that was said as gospel. The next point was to make out all the known facts of the fire, and of the finding of the skeletons. The two witnesses just examined had seen the close of the fire, had _heard_ of the skeletons, but had said very little more to the purpose. Dunscomb thought it might be well to throw in a hint to this effect in the present state of the case, as he now did by remarking— “I trust that the District Attorney will see precisely where he stands. All that has yet been shown by legal proof are the facts that there were such persons as Peter and Dorothy Goodwin; facts we are not at all disposed to deny——” “And that they have not appeared in the flesh since the night of the fire?” put in Williams. “Not to the witnesses; but, to how many others, does not appear.” “Does the learned counsel mean to set up the defence that Goodwin and his wife are not dead?” “It is for the prosecution to show the contrary affirmatively. If it be so, it is fair to presume they can do it. All I now contend for, is the fact that we have no proof as yet that either is dead. We have proof that the house was burnt; but we are now traversing an indictment for murder, and not that for arson. As yet, it strikes me, therefore, nothing material has been shown.” “It is certainly material, Mr. Dunscomb, that there should have been such persons as the Goodwins, and that they have disappeared since the night of the fire; and this much is proved, unless you impeach the witnesses,” observed the judge. “Well, sir, that much we are not disposed to deny. There _were_ such persons as the Goodwins, and they have disappeared from the neighbourhood. We believe that much ourselves.” “Crier, call Peter Bacon.”