The next witness sworn was Edward Smith, the servant of the late Sir Wynston Berkley. His evidence was a narrative of the occurrences we have already stated. He described the sounds which he had overheard from his master's room, the subsequent appearance of Merton, and the conversation which had passed between them. He then proceeded to mention, that it was his master's custom to have himself called at seven o'clock, at which hour he usually took some medicine, which it was the valet's duty to bring to him; after which he either settled again to rest, or rose in a short time, if unable to sleep. Having measured and prepared the dose in the dressing room, the servant went on to say, he had knocked at his master's door, and receiving no answer, had entered the room, and partly unclosed the shutters. He perceived the blood on the carpet, and on opening the curtains, saw his master lying with his mouth and eyes open, perfectly dead, and weltering in gore. He had stretched out his hand, and seized that of the dead man, which was quite stiff and cold; then, losing heart, he had run to the door communicating with the passage, but found it locked, and turned to the other entrance, and ran down the back-stairs, crying "murder." Mr. Hughes, the butler, and James Carney, another servant, came immediately, and they all three went back into the room. The key was in the outer door, upon the inside, but they did not unlock it until they had viewed the body. There was a great pool of blood in the bed, and in it was lying a red-handled case knife, which was produced, and identified by the witness. Just then they heard Mr. Marston calling for admission, and they opened the door with some difficulty, for the lock was rusty. Mr. Marston had ordered them to leave the things as they were, and had used very stern language to the witness. They had then left the room, securing both doors.
This witness underwent a severe and searching examination, but his evidence was clear and consistent.
In conclusion, Marston produced a dagger, which was stained with blood, and asked the man whether he recognized it.
Smith at once stated this to have been the property of his late master, who, when traveling, carried it, together with his pistols, along with him. Since his arrival at Gray Forest, it had lain upon the chimney-piece in his bedroom, where he believed it to have been upon the previous night.
James Carney, one of Marston's servants, was next sworn and examined. He had, he said, observed a strange and unaccountable agitation and depression in Merton's manner for some days past; he had also been several times disturbed at night by his talking aloud to himself, and walking to and fro in his room. Their bedrooms were separated by a thin partition, in which was a window, through which Carney had, on the night of the murder, observed a light in Merton's room, and, on looking in, had seen him dressing hastily. He also saw him twice take up, and again lay down, the red-hafted knife which had been found in the bed of the murdered man. He knew it by the handle being broken near the end. He had no suspicion of Merton having any mischievous intentions, and lay down again to rest. He afterwards heard him pass out of his room, and go slowly up the back-stairs leading to the upper story. Shortly after this he had fallen asleep, and did not hear or see him return. He then described, as Smith had already done, the scene which presented itself in the morning, on his accompanying him into Sir Wynston's bedchamber.
The next witness examined was a little Irish boy, who described himself as "a poor scholar." His testimony was somewhat singular. He deposed that he had come to the house on the preceding evening, and had been given some supper, and was afterwards permitted to sleep among the hay in one of the lofts. He had, however, discovered what he considered a snugger berth. This was an unused stable, in the further end of which lay a quantity of hay. Among this he had lain down, and gone to sleep. He was, however, awakened in the course of the night by the entrance of a man, whom he saw with perfect distinctness in the moonlight, and his description of his dress and appearance tallied exactly with those of Merton. This man occupied himself for sometime in washing his hands and face in a stable bucket, which happened to stand by the door; and, during the whole of this process, he continued to moan and mutter, like one in woeful perturbation. He said, distinctly, twice or thrice, "by ——, I am done for;" and every now and then he muttered, "and nothing for it, after all." When he had done washing his hands, he took something from his coat-pocket, and looked at it, shaking his head; at this time he was standing with his back turned toward the boy, so that he could not see what this object might be. The man, however, put it into his breast, and then began to search hurriedly, as it seemed, for some hiding place for it. After looking at the pavement, and poking at the chinks of the wall, he suddenly went to the window, and forced up the stone which formed the sill. Under this he threw the object which the boy had seen him examine with so much perplexity, and then he readjusted the stone, and removed the evidences of its having been recently stirred. The boy was a little frightened, but very curious about all that he saw; and when the man left the stable in which he lay, he got up, and following to the door, peeped after him. He saw him putting on an outside-coat and hat, near the yard gate; and then, with great caution, unbolt the wicket, constantly looking back towards the house, and so let himself out. The boy was uneasy, and sat in the hay, wide-awake, until morning. He then told the servants what he had seen, and one of the men having raised the stone, which he had not strength to lift, they found the dagger, which Smith had identified as belonging to his master. This weapon was stained with blood; and some hair, which was found to correspond in color with Sir Wynston's, was sticking in the crevice between the blade and the handle.
"It appears very strange that one man should have employed two distinct instruments of this kind," observed Mervyn, after a pause. A silence followed.
"Yes, strange; it does seem strange," said Marston, clearing his voice.
"Yet, it is clear," said another of the jury, "that the same hand did employ them. It is proved that the knife was in Merton's possession just as he left his chamber; and proved, also, that the dagger was secreted by him after he quitted the house."
"Yes," said Marston, with a grisly sort of smile, and glancing sarcastically at Mervyn, while he addressed the last speaker—"I thank you for recalling my attention to the facts. It certainly is not a very pleasant suggestion, that there still remains within my household an undetected murderer."