"On the night of the 8th of April, 182-, on the coast, near Pine Bluff. I had landed from a boat, and was going inland when I passed him. I did not see his face distinctly, but recognized him by his size and form, and peculiar air and gait. He was hurrying away, with every mark of terror and agitation."
This portion of Mr. Murray's testimony was so new to all as to excite the greatest degree of surprise, and in no bosom did it arouse more astonishment than in that of Thurston. The witness was strictly cross-questioned by the counsel for the prisoner, but the cross-examination failed to weaken his testimony, or to elicit anything more favorable to the accused. Oliver Murray was then directed to stand aside.
The next witness was Miriam Shields. Deeply veiled and half fainting, the poor girl was led in between Colonel and Miss Thornton, and allowed to sit while giving evidence. When told to look at the prisoner at the bar, she raised her death-like face, and a deep, gasping sob broke from her bosom. But Thurston fixed his eyes kindly and encouragingly upon her—his look said plainly: "Fear nothing, dear Miriam! Be courageous! Do your stern duty, and trust in God."
Miriam then identified the prisoner as the man she had twice seen alone with Marian at night. She further testified that upon the night of April 8th, 182-, Marian had left home late in the evening to keep an appointment—from which she had never returned. That in the pocket of the dress she had laid off was found the note appointing the meeting upon the beach for the night in question. Here the note was produced. Miriam identified the handwriting as that of Mr. Willcoxen.
Paul Douglass was next called to the stand, and required to give his testimony in regard to the handwriting. Paul looked at the piece of paper that was placed before him, and he was sorely tempted. How could he swear to the handwriting unless he had actually seen the hand write it? he asked himself. He looked at his brother. But Thurston saw the struggle in his mind, and his countenance was stern and high, and his look authoritative, and commanding—it said: "Paul! do not dare to deceive yourself. You know the handwriting. Speak the truth if it kill me." And Paul did so.
The next witness that took the stand was Dr. Brightwell—the good old physician gave his evidence very reluctantly—it went to prove the fact of the prisoner's absence from the deathbed of his grandfather upon the night of the reputed murder, and his distracted appearance when returning late in the morning.
"Why do you say reputed murder?"
"Because, sir, I never consider the fact of a murder established, until the body of the victim has been found."
"You may stand down."
Dr. Solomon Weismann was next called to the stand, and corroborated the testimony of the last witness.