On the fatal evening, June the twenty-third, Miss Turner having only just returned home from an absence of some weeks, Martin Scott made his appearance at her uncle's house, followed her into the garden, and there, within sight of Mr. Andinnian (or, rather, Sir Adam Andinnian, for he had then succeeded to his title, said the counsel, stopping to correct himself) he rudely took the young lady in his arms, and kissed her several times. Miss Turner, naturally startled and indignant, broke from him, and burst into a fit of hysterical sobs. Upon this, the prisoner caught up his loaded gun and shot him dead: the gun, unhappily, lying close to his hand, for he had been shooting birds during the day. Such was the substance of the story, as told to the court. Thomas Hewitt, the faithful serving man, who deposed that he had lived in the Andinnian family for many years, and who could hardly speak for the grief within him, was examined. Alas! he was called for the prosecution: for all his evidence told against his master, not for him. "That evening," he said, "about eight o'clock, or from that to half-past, I had occasion to see my master, Sir Adam, and went across the garden and beyond the shrubbery of trees to find him. He was standing by the gate that divides his grounds from Mr. Turner's; and all in the same moment, as I came in view, there seemed to be a scuffle going on in Mr. Turner's wide path by the rose bushes. Just at first I did not discern who was there, for the setting sun, then going below the horizon, shone in my face like a ball of fire. I soon saw it was Miss Turner and Martin Scott. Scott seemed to be holding her against her will. She broke away from him, crying and sobbing, and ran towards my master, as if wanting him to protect her." "Well?--go on," cried the examining counsel, for the witness had stopped. "What did you see next?" "Sir Adam caught up his gun from the garden seat close by, where it was lying, presented it at Martin Scott, and fired. The young man sprang up into the air a foot or two, and then fell. It all passed in a moment. I ran to assist him, and found he was dead. That is all I know." But the witness was not to be released just yet, in spite of this intimation. "Wait a bit," said the counsel for the prosecution. "You saw the prisoner take up the gun, point it at the deceased and fire. Was all this done deliberately?" "It was not done hurriedly, sir." "Answer my question, witness. Was it _deliberately_ done?" "I think it was. His movements were slow. Perhaps," added poor Hewitt, willing to suggest a loophole of escape for his master, "perhaps Sir Adam had forgotten the gun was loaded, and only fired it off to frighten Scott. It was in the morning he had been shooting the birds: hours before; he could easily have forgotten that it was loaded. My master is not a cruel man, but a humane one." "How came he to leave the gun out there for so many hours, if he had done with it?" asked the judge.