No witness could be discovered who had seen anybody else near the place. Had the weapon turned up, with which the blow had been struck? It had not been found. Was anyone known (robbery having plainly not been the motive of the crime) to have entertained a grudge against the murdered man? It was no secret that he associated with doubtful characters, male and female; but suspicion failed to point to any one of them in particular.
In this state of things, there was no alternative but to request Mr. Dubourg—well known in, and out of the town, as a young gentleman of independent fortune; bearing an excellent character—to give some account of himself.
He immediately admitted that he had passed through the field. But in contradiction to the farm-bailiff, he declared that he had looked at his watch at the moment before he crossed the stile, and that the time by it was exactly a quarter past eight. Five minutes later—that is to say ten minutes before the murder had been committed, on the evidence of the dead man's watch—he had paid a visit to a lady living near Pardon's Piece; and had remained with her, until his watch, consulted once more on leaving the lady's house, informed him that it was a quarter to nine.
Here was the defense called an "alibi." It entirely satisfied Mr. Dubourg's friends. To satisfy justice also, it was necessary to call the lady as a witness. In the meantime, another purely formal question was put to Mr. Dubourg. Did he know anything of the murdered man?
With some appearance of confusion, Mr. Dubourg admitted that he had been induced (by a friend) to employ the man on some work. Further interrogation extracted from him the following statement of facts.
That the work had been very badly done—that an exorbitant price had been charged for it—that the man, on being remonstrated with, had behaved in a grossly impertinent manner—that an altercation had taken place between them—that Mr. Dubourg had seized the man by the collar of his coat, and had turned him out of the house—that he had called the man an infernal scoundrel (being in a passion at the time), and had threatened to "thrash him within an inch of his life" (or words to that effect) if he ever presumed to come near the house again; that he had sincerely regretted his own violence the moment he recovered his self-possession; and, lastly, that, on his oath (the altercation having occurred six weeks ago), he had never spoken to the man, or set eyes on the man since.
As the matter then stood, these circumstances were considered as being unfortunate circumstances for Mr. Dubourg—nothing more. He had his "alibi" to appeal to, and his character to appeal to; and nobody doubted the result.
The lady appeared as witness.
Confronted with Mr. Dubourg on the question of time, and forced to answer, she absolutely contradicted him, on the testimony of the clock on her own mantelpiece. In substance, her evidence was simply this. She had looked at her clock, when Mr. Dubourg entered the room; thinking it rather a late hour for a visitor to call on her. The clock (regulated by the maker, only the day before) pointed to twenty-five minutes to nine. Practical experiment showed that the time required to walk the distance, at a rapid pace, from the stile to the lady's house, was just five minutes. Here then was the statement of the farm-bailiff (himself a respectable witness) corroborated by another witness of excellent position and character. The clock, on being examined next, was found to be right. The evidence of the clock-maker proved that he kept the key, and that there had been no necessity to set the clock and wind it up again, since he had performed both those acts on the day preceding Mr. Dubourg's visit. The accuracy of the clock thus vouched for, the conclusion on the evidence was irresistible. Mr. Dubourg stood convicted of having been in the field at the time when the murder was committed; of having, by his own admission, had a quarrel with the murdered man, not long before, terminating in an assault and a threat on his side; and, lastly, of having attempted to set up an alibi by a false statement of the question of time. There was no alternative but to commit him to take his trial at the Assizes, charged with the murder of the builder in Pardon's Piece.
The trial occupied two days.