In proof of this a photograph was produced of the person known as Wagstaff; it bore a most remarkable similarity to the accused—that is, if allowance was made for the difference in his age now and at the period when the photo was taken.
The magistrate, however, was of opinion that the photo, although valuable as collateral evidence, was not in itself sufficient to establish identity.
When the doctor heard this he smiled—hope dawned upon him, and he emphatically declared that he was not the man.
But the case did not rest on the photo alone.
Two persons, who had resided at Texas at the time of the lady’s death, were present at the inquiry, and were placed in the box.
One swore to the prisoner most positively, and the other would not go further than that he was the gentleman whom he had known as Mr. Wagstaff to the best of his belief; further than this he would not undertake to say.
“I confess,” observed the magistrate, “that the case assumes a grave aspect, and certainly cannot be permitted to drop without a searching inquiry, but at present I fail to see that the idendity is clearly established. It is true, one witness swears to the person being the man, but it is possible—nay, indeed, probable—that he may be mistaken.”
“He is not mistaken, sir,” said the counsel. “And that I hope to be in a position to prove to your satisfaction in the course of two or three days at the latest.”
“How do you propose to do that?” inquired the worthy magistrate.
“By producing the black servant who lived in the house with Mr. and Mrs. Wagstaff at the time of the unfortunate lady’s decease. She is well acquainted with the countenance and general personal appearance of her late master, and if she recognises the prisoner as the husband of the now dead lady, I assume the case is established as far as the identity is concerned.”