deceased there was
what may be termed a long standing feud, which came to a climax two or
three hours before this murder. Up to that fatal evening I think I shall
show you that the prisoner was wholly in fault, and that the deceased
acted with great good temper and self command under a long series of
provocations; but upon this evening his temper appears to have failed,
and I will admit frankly that he seems to have committed a very
outrageous and brutal assault upon the prisoner. Still, gentlemen, such
an assault is no justification of the crime which took place. Unhappily
it supplies the cause, but it does not supply an excuse for the crime.

"Your duty in the case will be simple. You will have to say whether
or not the murder of William Mulready is accounted for upon the theory
which I have laid down to you and on no other. Should you entertain no
doubt upon the subject it will be your duty to bring in a verdict of
guilty; if you do not feel absolutely certain you will of course give
the prisoner the benefit of the doubt."

The evidence called added nothing to what was known at the first
examination. The two servants testified to the fact of the unpleasant
relations which had from the first existed between the deceased and the
prisoner, and detailed what they knew of the quarrel. Charlie's evidence
was the most damaging, as he had to state the threat which Ned had
uttered before he went out.

The counsel for the defense asked but few questions in cross
examination. He elicited from the servants, however, the fact that Mr.
Mulready at home was a very different person from Mr. Mulready as
known by people in general. They acknowledged that he was by no means a
pleasant master, that he was irritable and fault finding, and that his
temper was trying in the extreme, He only asked one or two questions of
Charlie.

"You did not find your stepfather a very pleasant man to deal with, did
you?"

"Not at all pleasant," Charlie replied heartily.

"Always snapping and snarling and finding fault, wasn't he?"

"Yes, sir, always."

"Now about this threat of which we have heard so much on the part of
your brother, did it impress you much? Were you frightened at it? Did
you think that your brother intended to kill your stepfather?"

"No, sir, I am sure he didn't; he just said it in a passion. He had been
knocked about until he could hardly stand, and he just said the first
thing that came into his head, like fellows do."