Judge. "The witness will proceed, confining himself to facts pertaining to the case."
Mr. Marshall, the Attorney General, asked, "was there any particular subject on which his mind seemed to be dwelling in what you supposed mental aberrations?"
Mr. Burke arose under considerable excitement. "Your Honor, I must protest against the introduction of testimony going to show the subject of a crazy man's thoughts."
Mr. Marshall stood waiting to reply. "Your Honor will consider the special importance of this testimony as showing the state of the confessor's mind, and the subject which principally occupied his thoughts."
After a prolonged discussion of the admissibility of this testimony by the learned counsellors, the Judge decided the question in order, and directed the witness to proceed.
"He often repeated the words, 'that's all I remember; they can't take me up for that. And if they do, I'm not answerable; they that hired me will have to bear the blame,' and so much more of the same general import that I was led to suspect,"—
"Your Honor," exclaimed both the lawyers for the defence. The Junior waived, however, in favor of the Senior. "I hope your Honor will remind the witness that he is here not to relate suspicions, but facts."
Judge. "The witness may proceed and restrict himself to facts, or to such professional opinions, as are material to the case. He is to give his honest views frankly and fully."
"I was saying that I suspected, he was laboring under remorse of conscience, and I urged him, if such were the fact, to seek relief by confession."
Mr. Willard. "What was the date of this conversation?"