Then his lordship read the dying man's deposition. The person thus solemnly denounced was found in the stable, bleeding from a recent wound, which seems to connect him at once with the deed as described by the dying man.
"But here," said my lord, "the chain is no longer perfect. A knife, taken from the 'Swan,' was found under the garden wall, and the first traces of blood commenced there, and continued to the stable, and were abundant on the straw and on the person of the accused. This was proved by the constable and others. No money was found on him, and no keys that could have opened any outer doors of the 'Swan' Inn. The accused had, however, three years before been guilty of a theft from a gentleman in the inn, which negatives his pretence that he always confined himself to the stables. It did not, however, appear that on the occasion of the theft he had unlocked any doors, or possessed the means. The witness for the Crown, Barbara Lamb, was clear on that.
"The prisoner's own solution of the mystery was not very credible. He said he had a double—or a person wearing his clothes and appearance; and he had seen this person prowling about long before the murder, and had spoken of the double to one Pott. Pott deposed that Cox had spoken of this double more than once; but admitted he never saw the double with his own eyes.
"This double, says the accused, on the fatal night let himself out of the 'Swan' Inn and escaped to the garden wall. There he (Cox) came up with this mysterious person, and a scuffle ensued in which a bag was dropped and gave the sound of coin; and then Cox held the man and cried 'Thieves!' but presently received a wound and fainted, and on recovering himself, staggered to the stables and drank a pint of brandy.
"The story sounds ridiculous, and there is no direct evidence to back it; but there is a circumstance that lends some color to it. There was one blood-stained instrument, and no more, found on the premises, and that knife answers to the description given by the dying man, and, indeed, may be taken to be the very knife missing from his room; and this knife was found under the garden wall, and there the blood commenced and was traced to the stable.
"Here," said my lord, "to my mind, lies the defence. Look at the case on all sides, gentlemen: an undoubted murder done by hands; no suspicion resting on any known person but the prisoner—a man who had already robbed in the inn; a confident recognition by one whose deposition is legal evidence, but evidence we cannot cross-examine; and a recognition by moonlight only and in the heat of a struggle.
"If on this evidence, weakened not a little by the position of the knife and the traces of blood, and met by the prisoner's declaration, which accords with that single branch of the evidence, you have a doubt, it is your duty to give the prisoner the full benefit of that doubt, as I have endeavored to do; and if you have no doubt, why then you have only to support the law and protect the lives of peaceful citizens. Whoever has committed this crime, it certainly is an alarming circumstance that, in a public inn, surrounded by honest people, guarded by locked doors, and armed with pistols, a peaceful citizen can be robbed like this of his money and his life."
The jury saw a murder at an inn; an accused, who had already robbed in that inn, and was denounced as his murderer by the victim. The verdict seemed to them to be Cox, of impunity. They all slept at inns; a double they had never seen; undetected accomplices they had all heard of. They waited twenty minutes, and brought in their verdict—Guilty.
The judge put on his black cap, and condemned Daniel Cox to be hanged by the neck till he was dead.