The justice rapped on his table. Order and attention were at once secured. After going through the usual preliminaries, the examination of witnesses began.

Barker, the servant at Elm Grove, was first called, and testified as follows:

“My name is Miles Barker. I am a servant employed at Elm Grove, the residence of the late Colonel Conrad. Yesterday morning I got up about five o’clock, to build the kitchen fire, and do some other chores. I went into the garden for something, and noticed that the blinds and window of my master’s study were open. Wondering what hecould be doing so early in the morning, I took a turn around that way. I looked in the window and saw him sitting in his chair with his head leaning over on the table. I thought, perhaps, he had fallen asleep there, while writing the evening before, and went close to the window. I saw some blood on the floor, and jumped in. I then found that he was dead. I roused the rest of the house, and then ran down the street to find Mr. Haywood. I found him in front of his store, and told him about it. He went up to the house, and I went to find some officers, and the two young men—the prisoner here, and his cousin. Did not find the young men, but found the officers, and went back to the house with them.”

Cross-Examined by the Prosecution.

“I first saw the prisoner on Tuesday last. He called with another young gentleman to see Colonel Conrad.”

“Did Colonel Conrad see them?”

“Yes; they went to his study. The door was shut.”

“Did you hear anything that was said?”

“No, not any words. Once, when I passed through the hall, I heard some loud talking.”

“Did it sound like a quarrel?”