My husband at this time was downstairs reading, and when I went to the closet I left him still reading. I said nothing to him before going to the closet. I had to pass through the room where he was. When I heard him coming I came out of the closet.
[A plan of the premises was then put into witness’s hands, and she said she did not understand it very well.]
Cross-examination resumed: I was only four or five feet from the passage leading to the closet when my husband passed me to go down to the prisoner. I could see him plainly, and all that he did. He was going rather slowly.
I am prepared to swear that my husband never touched the prisoner before the shots were fired. He could not get near enough to him. Of course I cannot say what he intended doing.
I remember being before the coroner, but I cannot remember that I said to him that I could not say “whether my husband attempted to get hold of Peace or not;” but if I did say so it is correct.
The account which I gave to the coroner is the correct one. I cannot swear that my husband did not attempt to get hold of the prisoner, but I can swear that he did not succeed in doing so. I distinctly swear that he never touched the prisoner.
When were you first so certain of this?—I have been certain all the time.
Were you certain about it on the 24th of January last?—Yes; as certain as I am now.
When before the magistrates did you say this: “I cannot say. My husband did not get hold of the prisoner?” I cannot say that he did not try.
Mr. Lockwood contended that this was not an answer, and a conversation took place between Mr. Campbell Foster and the judge on the matter.