As the jail delivery was to be held in a few days, the penance of imprisonment which he thus imposed upon himself was not great; but even the short period of confinement to which he thus voluntarily subjected himself seemed greatly to affect his health and spirits. In vain the governor of the prison, under the idea that apprehensions in regard to his ultimate fate were preying upon his mind, assured him that the king's pardon, promised by proclamation to any but the actual murderers, secured him from all danger. He replied, that he feared nothing but his own thoughts; for that, since he had come back to the country and the county in which the terrible crime wherein he had participated had been perpetrated, a heavy cloud had seemed to come over him, which he could not shake off. His bold, daring, and impetuous manner was now all gone, and in its place there appeared a deep, silent sternness, somewhat impatient of contradiction, but determined rather than violent. The great loss of blood he had sustained had rendered him as pale as ashes, and anxiety and suffering had bowed his powerful frame, and left him merely the shadow of what he formerly was. Some apprehensions, indeed, appeared to be entertained by those who watched, lest he should become so ill as to be unable to undergo the business of the trial; but in this they were deceived; and his strength, on the contrary, appeared greater, and his energies more alive, on the day before that appointed for the assizes.

At length the day arrived, and all the usual formalities having taken place, the heavy list of crimes was adverted to, and lamented by the judge; the grand jury was exhorted and sworn, and proceeded to its functions. As every one expected, the first bill brought before them, which was that against Captain William Delaware, for the murder of Mr. Tims, at Ryebury, was at once thrown out. Not so, however, that against Harding and his accomplices, which, being found a true bill, was immediately proceeded on.

All our readers are most probably acquainted with the solemn array of a court of justice, though an interesting, always a painful scene. On the present occasion, of course, from the blackness of the crime committed, and the many extraordinary circumstances that accompanied and followed it, the excitement produced was great, and the court crowded in every part. The preliminaries having been gone through, the four prisoners were put to the bar, and a good deal of confusion ensued, from the endeavor of the various spectators to obtain a full view of the accused--the class of women who frequent criminal courts struggling forward to see the culprits with more than masculine boldness.

Harding, who was beyond doubt a handsome man, first advanced to the bar. He was dressed with scrupulous care; and, with his neck wrapped in a thick black cravat, his double-breasted waistcoat buttoned up to his chin, and his dark frock-coat thrown back from his chest, he looked very much like the private secretary of a German prince. His cool and tranquil air, and easy carriage, might have been construed into the expression of conscious innocence, but for a slight, very slight sneer, that curled the corner of his lip, entirely different from the indignant expansion of the nostril with which innocence sometimes meets a false accusation. He gazed for a single instant round the court, and then withdrew his eyes, while all the reporters scribbled rapidly in their note-books, preparing to make him a newspaper wonder, and hand him down to posterity as one of the heroes of the gallows. The next that came up was the well-known Tony Smithson, who, though he had confronted more than one court of justice on previous occasions, now, from the magnitude of the offense, and the certainty that his conviction would follow, had lost all self-command, and approached the bar pale, trembling, and agitated. Next approached Sarah Ings, with the most persevering of all human passions, vanity, still uppermost. Dressed forth in all the gay and vulgar smartness of the Rue de Vivienne and the Palais Royal, with a touch or two of rouge upon her cheeks to hide the ravages of apprehension, she presented herself before the court that was to try her, and the judge who might have to doom her to death, with a simpering and coquetish smile, thinking fully as much of the impression of her charms and her finery upon the spectators, as of her awful situation and its probable result.

Last appeared Walter Harrison, with a bold, firm step, a bright red spot on each of his pale cheeks, and his eye sparkling from feverish excitement. He leaned his hand upon the bar, and after gazing rapidly and boldly round the court, fixed his eyes upon the clerk of the arraigns, as he proceeded to read the indictment.

That document was conceived in the usual tenor, and comprised all the various acts which the prisoners could or might have committed in the perpetration of their crime, with all the legal terms and expressions necessary to prevent dubiety.

Harding listened to every word with scrupulous attention; and it was observed that at several of the counts in the indictment, which described the act that he had committed with much greater precision than he had expected, he set his teeth hard. On the question being put to each of the prisoners--"How say you, guilty or not guilty?"--the three first pleaded "not guilty," and what is termed put themselves upon their country, or, in fact, appealed to a jury. Walter Harrison, however, in a bold, firm voice, replied, at once, "Guilty of the robbery, but not guilty of the murder;" and consequently it was found necessary to proceed on his trial also, upon several of the counts in the indictment.

The trial then went on; and as the reader is already aware of the greater part of the evidence that could be brought forward, it shall be but briefly recapitulated here. The footprints on the floor of the room where the murder had been committed, and the mark of the hand on the wall, were proved to correspond exactly with the feet of Harding and Smithson, and with the hand of the latter. The marks in the passage were also proved to have been caused by the feet of the young sailor; and evidence was given that Harding had paid the master of a cutter, hired to carry them to France, with one of the notes which could be traced to the possession of the miser of Ryebury a few days before his death. The _ci-devant_ smuggler, Billy Small, swore positively to the persons of Harding, Smithson, Harrison, and the woman, and detailed fully the particulars of their arrival at his house, with a gentleman whose ankle was dislocated, and who had evidently received a severe contusion on the forehead. The Bow-street officers proved the state of the prisoners' apartments in Paris, the considerable sums of money there found, and a variety of minor facts, which all aggravated the suspicions against them; and as the principal witness, Henry Beauchamp was at length called, in order to establish the fact of the prisoners having been on the very night of the murder at the house of Mr. Tims, and having thence proceeded direct to the cottage of the smuggler. As he entered the witness-box, the cheek of Harding turned a shade paler, but at the same time his eye flashed with an expression rather of rage than fear. As his former master went on, however, he recovered his composure, and listened calmly, while Beauchamp clearly and distinctly detailed all the events, from his second visit to Mr. Tims's house, on the night of the murder, till he was delivered over to the care of the old smuggler and his family.

Throughout the trial, Harding had acted as his own counsel, and now he proceeded with an air of cool, determined effrontery, to cross-examine his former master, mingling skillfully those questions which might tend to exculpate himself with those which he thought would annoy the witness.

"Allow me me to ask you, Mr. Beauchamp," he said, "whether, while I was in your service, you ever detected me in any act of dishonesty!"