I let the case proceed. I asked the
policeman when he came into the witness-box if he examined carefully
the footprints at the gate where the men entered. He said he had,
and was _quite positive_ that there were the footprints of _four men
only_, and further, that these prints corresponded with the shoes
of the four men who had been sentenced, and _not_ with those of the
prisoner.

It shows how fatal it may be in Judge, counsel, or jury to take
anything for granted in a criminal charge. It had been taken for
granted at the former trial that _five_ men had entered the field, and
how the counsel for the defence could have done so I am at a loss to
conceive. It was further ascertained that the same number and the
_same footprints_ marked the steps of those coming _out_ of the field.
It went even further, for it was proved that _no footprints of a fifth
man were anywhere visible on any other part of the field_, although
the most careful search had been made.

If this was established, as I think it was beyond all controversy,
it clearly proved that only _four men_ were in the field when the
injuries were inflicted. But it might, nevertheless, be that the young
man identified was one of the four. Whether he was or not was now the
question at issue; it was reduced to that one point. To disprove this
the prisoner said he would like the men to be called. I cautioned him
again as to the danger of the course he proposed, feeling that he was
pretty safe as it was in the hands of the jury. They could hardly
convict under my ruling in the circumstances.

"No, my lord," he said; "I am _sure they will speak the truth about
it_. They will not swear falsely against me to save themselves."

The man who was alleged to have borrowed the cap was then brought up,
and I asked him if it was true that he wore the prisoner's cap on the
night of the outrage. He said, "It is true, my lord; I borrowed it."

"Then are you the man who inflicted the injury on the keeper?"

His answer was, "Unhappily, my lord, I am, and I am heartily sorry for
it."

When asked, "Was this young man with you that night?"

"No, my lord," was the answer.

The jury at once said they would not trouble me to sum up the case;
they were perfectly satisfied that the prisoner was not guilty, and
that what he said was true--that he was not in the field that night.
They accordingly acquitted him, to my perfect satisfaction.

Of course, I instantly wrote to the Home Secre