“Mrs. Walker confirmed all the circumstances of their manner of coming in & swore as directly to Major Disney, that Lieut. Hamilton (as she did for some time believe but has since had occasion to think she was mistaken) was the first that entered that she saw Major Disney among a Groupe of figures very distinctly with a crape over his face and dressed in a Canadian Cotton Night Gown.
“Magovock went thro’ his story as contained in his affidavit a copy of which has been transmitted to your Lordship, not without a manifest confusion of his countenance & a trembling in his voice common to those who have a consciousness that they are telling untruly, & a fear of being detected—his cross examination took a great deal of time in the course of which he contradicted all the other witnesses & himself in circumstances so material that I am persuaded he was not himself present at the transaction.
“Major Disney proved by several witnesses, Dr. Robertson, Madam Landrief, Madam Campbell & Mrs. Howard that he spent that afternoon from 5 till ½ past 9 when he was sent for by Genl. Burton (he being town Major, upon the uproar that this affair had occasioned) at the house of Dr. Robertson—it was a particular festival with the French of whom the company was mostly composed, that he danced ’till supper time with Madam Landrief in the midst of which Genl. Burton’s servant came & called him out—they spoke all very positively to his being present the whole time & the impossibility that he could be absent for 5 minutes without their knowing it.
“Upon this evidence the Jury went out of Court and in about an hour returned with their Verdict Not Guilty—In justice to them and to Major Disney I must declare that I am perfectly satisfied with the Verdict.
“Mr. Walker’s violence of temper and an inclination to find People of rank in the Army concerned in this affair, has made him a Dupe to the artifices of a Villian whose story could not have gained credit but in a mind that came too much prejudiced to receive it, the unhappy consequence of it I fear will be that by mistaking the real objects of his Resentments the public will be disappointed in the satisfaction of seeing them brought to justice.
“I should inform Your Lordship that the G. Jury inflamed with Mr. Walker’s charge against them are preparing to bring in several actions for words and have presented both him and Mrs. Walker for Perjury—I have endeavoured to put a stop to both and I hope I shall succeed.
“I have the honour to be
“My Lord
“Yr. Lordship’s most obedt & humble servant,
“W. Hey.”