Pretty much as a matter of course, Dunscomb was compelled to tell the court and jury that the defence relied principally on the insufficiency of the evidence of the other side. This was altogether circumstantial; and the circumstances, as he hoped to be able to convince the jury, were of a nature that admitted of more than one construction. Whenever this was the case, it was the duty of the jury to give the accused the full benefit of these doubts. The rest of the opening had the usual character of appeals to the sympathy and justice of the jury, very prudently and properly put. Dr. McBrain was now placed upon the stand, when the customary questions were asked, to show that he was a witness entitled to the respect of the court. He was then further interrogated, as follows:— “Have you seen the two skeletons that are now in court, and which are said to have been taken from the ruins of the house of the Goodwins?” “I have. I saw them before the inquest; and I have again examined them here, in court.” “What do you say, as to their sex?” “I believe them both to be the skeletons of females.” “Do you feel certain of this fact?” “Reasonably so, but not absolutely. No one can pronounce with perfect certainty in such a case; more especially when the remains are in the state in which these have been found. We are guided principally by the comparative size of the bones; and, as these are affected by the age of the subject, it is hazardous to be positive. I can only say that I think both of these skeletons belonged to female subjects; particularly the shortest.” “Have you measured the skeletons?” “I have, and find one rather more than an inch and a half shorter than the other. The longest measures quite five feet seven and a half, in the state in which it is; while the shortest measures a trifle less than five feet six. If women, both were of unusual stature; particularly the first. I think that the bones of both indicate that they belonged to females; and I should have thought the same had I known nothing of the reports which have reached my ears touching the persons whose remains these are said to be.” “When you first formed your opinion of the sex of those to whom these remains belonged, had you heard that there was a German woman staying in the house of the Goodwins at the time of the fire?” “I think not; though I have taken so little heed of these rumours as to be uncertain when I first heard this circumstance. I do remember, however, that I was under the impression the remains were, beyond a doubt, those of Peter Goodwin and his wife, when I _commenced_ the examination of them; and I very distinctly recollect the surprise I felt when the conviction crossed my mind that both were the skeletons of women. From the nature of this feeling, I rather think I could not have heard anything of the German female at that time.”