William Woodcock sworn.—I am a brass-founder, and occupy the house No. 2, Nova Scotia Gardens, adjoining Bishop's cottage. I went to live there on Monday, the 7th of October last. I had frequently seen Williams in Bishop's house. I remember the night of Thursday, the 3d of November. On that night I went to bed at half-past nine o'clock, and about three or four hours after, I was awakened by a noise in Bishop's house. I got up, and heard a scuffling or struggling.
Mr. Minshull.—Describe particularly the sort of noise you heard.
Witness.—It was like men's feet; I can swear to three men.
Mr. Minshull.—At what hour do you suppose this occurred?
Witness.—I went to bed at half-past nine; and I suppose I might have slept for about four hours, when I was awakened by the noise I have described.
Mr. Minshull.—You speak of the feet of three men;—how can you tell the number?
Witness.—I can account for it in this way. After I heard the scuffling in the house, I listened, and heard the gate shut, and knew, from the sound of the feet, that two men ran away through the gate, from Bishop's house. They came back again almost immediately; and while they were absent, I heard the heavy tread of only one man in Bishop's house.
Mr. Halls.—When you heard the scuffle you describe, did you at the same time hear the voices of the men who appeared to be engaged in it? did they say anything?
Witness.—I heard the voices of men, but could not tell what was said. I can speak to the voices of two of the men, but cannot speak as to the third.
Mr. Minshull.—To the best of your belief, were there three men?