orn portion of
his own tenants for the purpose of planning the murder. He went on to
tell the jury that they were not to allow themselves to be deceived
by the idea that the murder could not have been premeditated, because
there existed a presumption that the prisoner was not aware of
Ussher's expected presence in the avenue; for that the fact of the
murder having been talked over deliberately, and then executed,
afforded the strongest evidence that the prisoner was at the time
lying in wait for the deceased; and that, through the servants, or
from other means, he had made himself cognisant of the projected
elopement. He then, preparatory to examining the witnesses, concluded
in the following words,--

"Gentlemen of the jury,--You are probably all aware that the prisoner
is from that rank in life to which the greatest number of yourselves
belong; and you cannot but see that the fact of his being so, greatly
increases the magnitude of his presumed crime. Far be it from me to
urge you on this account to come to a conviction, should the evidence
prove in any way deficient; but I do implore you, if you value the
peace of your country--the comfort of your hearths--the safety of
your houses--and the protection of your property; not to allow
yourselves to be led away by a feeling of false sympathy, or to be
improperly actuated by the idea that the deed was done in legitimate
defence of the prisoner's sister, if the evidence do not prove that
such was the case. I do implore you to divest yourselves of any such
preconceived notions. Did the evidence merely go to show that Mr.
Ussher was killed by the brother whilst eloping with the sister, it
would doubtless be fair that the circumstance should be taken into
your consideration; but when you shall have heard it proved that
the death of this unfortunate man was deliberately talked over,
canvassed, and decided on by the very man by whom it was executed,
you will only fall into the shallow device by which the prisoner has
endeavoured to deceive you, did you not clearly perceive that he
has merely used the fact of his sister's elopement as a favourable
opportunity for the completion of his project. Gentlemen, I shall
now proceed to call the different witnesses, satisfied that when
you shall have heard their evidence, you will have no difficulty in
coming to a verdict in the case."

The first witness called was Dr. Blake. He stated that he had
examined the body the day after Ussher