To interrogatories upon this subject, the witness replied,--"When he came into the tool-house, he seemed grieved and sad, but not at all surprised. He expressed no surprise, but looked at the body very sadly, and told at once who it was. He acknowledged that the hoe was his, but said he had left it leaning against the pillar; and, after looking at it, he said the murder must have been committed with it. He said, he left the garden immediately after speaking a few words with Miss Rose, near the fish-pond."
Judge.--"I suppose you call Miss Rose Tracy; but I do not see her name here."
"We took it for granted, my lord, that she would be called for the defence," said the counsel for the prosecution.
"I beg leave to say that the crown had no right to take that for granted," observed Sir ----; "all that we could wish to get from Miss Tracy could be obtained by cross-examination, or perhaps would appear in her evidence in chief."
Judge.--"I think she ought to have been called for the prosecution. Will you proceed?"
"Which way did the head-gardener return to his cottage after having left the tool-house?" was the next question.
Witness.--"By the house; for the door near the gardener's cottage was ordered to be locked. He could not pass to and fro between the spot where the body was found and the haw-haw, without coming round again by the house, or getting over the hedge or gate."
Here ended the examination-in-chief; and as it came to a conclusion, a small slip of paper was handed from the prisoner to his counsel, who read it, and immediately began the cross-examination. "You say that before Mr. Tracy was informed of the fact of the murder, you went down with some of the upper servants and removed the body to the tool-house. At that time did any of you go from the spot where the corpse lay to the haw-haw?"
Witness.--"No, Sir: we took up the body as soon as we were sure the man was quite dead, and carried it to the tool-house."
"Will you swear," asked the counsel, "that when you afterwards examined the spot with Mr. Tracy, none of you went down to the haw-haw? Remember, Sir, you are upon your oath."