When asked why he did not communicate an account of what he had seen to
some one in the neighborhood before he went, he replied, that "at that
hour the whole country was in bed, and when a man is flying for his
life, he is not very anxious to hould conversations with any body."
On the cross-examination he said, that the reason why he let the matter
rest until now was, that he did not wish to be the means of bringin'
a fellow-creature to an untimely death, especially such a man as the
prisoner, nor to be the means of drawing down disgrace upon his decent
and respectable family. His conscience, however, always kept him uneasy,
and to tell the truth, he had neither peace nor rest for many a long
year, in consequence of concealing his knowledge of the murder, and he
now came forward to free his own mind from what he had suffered by it.
He wished both parties well, and he hoped no one would blame him for
what he was doing, for, indeed, of late, he could not rest in his bed
at night. Many a time the murdhered man appeared to him, and threatened
him, he thought for not disclosing what he knew.
At this moment, there was a slight bustle at that side of the court
where the counsel for the defense sat, which, after a little time,
subsided, and the evidence was about to close, when the latter
gentleman, after having closely cross-examined him to very little
purpose, said:
"So you tell us, that in consequence of your very tender conscience, you
have not, of late, been able to rest in your bed at night?"
"I do."
"And you say the murdered man appeared to you and threatened you?"
"I do."
"Which of them?"
"Peter Magennis--what am I sayin'? I mean Bartle Sullivan."
"Gentlemen of the jury, you will please take down the name of Peter
Magennis--will your lordship also take a note of that? Well," he
proceeded, "will you tell us what kind of a man this Bartle or
Bartholomew Sullivan was?"
"He was a very remarkable man in appearance; very stout, with a long
face, a slight scar on his chin, and a cast in his eye."
"Do you remember which of them?"
"Indeed I don't, an' it wouldn't be raison able that I should, afther
sich a distance of time."
"And, you saw that man murdered?"
"I seen him dead, afther having been murdhered."
"Very right--I stand corrected. Well, you saw him buried?"
"I didn't see him buried, but I saw him dead, as I said, an' the grave
ready for him."
"Do you think now if he were to rise agai
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