The surgeon, Mr. Locock, who produced it, gave it as his opinion that no such breach could proceed from natural decay—that it was not a recent fracture by the instrument with which it was dug up, but seemed to be of many years’ standing.

This made the chief part of the evidence against Aram; the minor points we have omitted, and also such as, like that of Aram’s hostess, would merely have repeated what the reader knew before.

And now closed the criminatory evidence—and now the prisoner was asked, in that peculiarly thrilling and awful question—What he had to say in his own behalf? Till now, Aram had not changed his posture or his countenance—his dark and piercing eye had for one instant fixed on each witness that appeared against him, and then dropped its gaze upon the ground. But at this moment a faint hectic flushed his cheek, and he seemed to gather and knit himself up for defence. He glanced round the court, as if to see what had been the impression created against him. His eye rested on the grey locks of Rowland Lester, who, looking down, had covered his face with his hands. But beside that venerable form was the still and marble face of Madeline; and even at that distance from him, Aram perceived how intent was the hush and suspense of her emotions. But when she caught his eye—that eye which even at such a moment beamed unutterable love, pity, regret for her—a wild, a convulsive smile of encouragement, of anticipated triumph, broke the repose of her colourless features, and suddenly dying away, left her lips apart, in that expression which the great masters of old, faithful to Nature, give alike to the struggle of hope and the pause of terror.

“My Lord,” began Aram, in that remarkable defence still extant, and still considered as wholly unequalled from the lips of one defending his own, and such a, cause;—“My Lord, I know not whether it is of right, or through some indulgence of your Lordship, that I am allowed the liberty at this bar, and at this time, to attempt a defence; incapable and uninstructed as I am to speak. Since, while I see so many eyes upon me, so numerous and awful a concourse, fixed with attention, and filled with I know not what expectancy, I labour, not with guilt, my Lord, but with perplexity. For, having never seen a court but this, being wholly unacquainted with law, the customs of the bar, and all judiciary proceedings, I fear I shall be so little capable of speaking with propriety, that it might reasonably be expected to exceed my hope, should I be able to speak at all.

“I have heard, my Lord, the indictment read, wherein I find myself charged with the highest of human crimes. You will grant me then your patience, if I, single and unskilful, destitute of friends, and unassisted by counsel, attempt something perhaps like argument in my defence. What I have to say will be but short, and that brevity may be the best part of it.

“My Lord, the tenor of my life contradicts this indictment. Who can look back over what is known of my former years, and charge me with one vice—one offence? No! I concerted not schemes of fraud—projected no violence—injured no man’s property or person. My days were honestly laborious—my nights intensely studious. This egotism is not presumptuous—is not unreasonable. What man, after a temperate use of life, a series of thinking and acting regularly, without one single deviation from a sober and even tenor of conduct, ever plunged into the depth of crime precipitately, and at once? Mankind are not instantaneously corrupted. Villainy is always progressive. We decline from right—not suddenly, but step after step.

“If my life in general contradicts the indictment, my health at that time in particular contradicts it yet more. A little time before, I had been confined to my bed, I had suffered under a long and severe disorder. The distemper left me but slowly, and in part. So far from being well at the time I am charged with this fact, I never, to this day, perfectly recovered. Could a person in this condition execute violence against another?—I, feeble and valetudinary, with no inducement to engage—no ability to accomplish—no weapon wherewith to perpetrate such a fact;—without interest, without power, without motives, without means!

“My Lord, Clarke disappeared: true; but is that a proof of his death? The fallibility of all conclusions of such a sort, from such a circumstance, is too obvious to require instances. One instance is before you: this very castle affords it.

“In June 1757, William Thompson, amidst all the vigilance of this place, in open daylight, and double-ironed, made his escape; notwithstanding an immediate inquiry set on foot, notwithstanding all advertisements, all search, he was never seen or heard of since. If this man escaped unseen through all these difficulties, how easy for Clarke, whom no difficulties opposed. Yet what would be thought of a prosecution commenced against any one seen last with Thompson?

“These bones are discovered! Where? Of all places in the world, can we think of any one, except indeed the church-yard, where there is so great a certainty of finding human bones, as a hermitage? In times past, the hermitage was a place, not only of religious retirement, but of burial. And it has scarce, or never been heard of, but that every cell now known, contains, or contained these relics of humanity; some mutilated—some entire! Give me leave to remind your Lordship, that here sat SOLITARY SANCTITY, and here the hermit and the anchorite hoped that repose for their bones when dead, they here enjoyed when living. I glance over a few of the many evidences that these cells were used as repositories of the dead, and enumerate a few of the many caves similar in origin to St. Robert’s, in which human bones have been found.” Here the prisoner instanced, with remarkable felicity, several places, in which bones had been found, under circumstances, and in spots analogous to those in point. [Note: See his published defence.] And the reader, who will remember that it is the great principle of the law, that no man can be condemned for murder unless the body of the deceased be found, will perceive at once how important this point was to the prisoner’s defence. After concluding his instances with two facts of skeletons found in fields in the vicinity of Knaresbro’, he burst forth—“Is then the invention of those bones forgotten or industriously concealed, that the discovery of these in question may appear the more extraordinary? Extraordinary—yet how common an event! Every place conceals such remains. In fields—in hills—in high-way sides—on wastes—on commons, lie frequent and unsuspected bones. And mark,—no example perhaps occurs of more than one skeleton being found in one cell. Here you find but one, agreeable to the peculiarity of every known cell in Britain. Had two skeletons been discovered, then alone might the fact have seemed suspicious and uncommon. What! Have we forgotten how difficult, as in the case of Perkin Warbeck and Lambert Symnell, it has been sometimes to identify the living; and shall we now assign personality to bones—bones which may belong to either sex? How know you that this is even the skeleton of a man? But another skeleton was discovered by some labourer! Was not that skeleton averred to be Clarke’s full as confidently as this?