sition, could say that there was the least
appearance of guilt. The jury were empannelled, the counts of the
indictment read over, and the trial commenced, and, as the indictment
was preferred, the judge caught the date of the supposed offence.

"What is the date?" said the judge; "the year, I mean?"

Upon the reply of the clerk, his lordship observed, "Eight years ago!"
and then looking at the prisoner, added, "Why, he must have been a
child."

"As is too often the case," replied the prosecuting counsel; "a child in
years, but not in guilt, as we shall soon bring evidence to
substantiate."

As the evidence brought forward was the same, as we have already
mentioned, as given on the inquest over the body, we shall pass it over;
that of Furness, as he was not to be found, was read to the court. As
the trial proceeded, and as each fact came forth more condemning, people
began to look with less compassion on the prisoner: they shook their
heads, and compressed their lips.

As soon as the evidence for the Crown was closed, Mr Trevor rose in our
hero's defence. He commenced by ridiculing the idea of trying a mere
child upon so grave a charge, for a child the prisoner must have been at
the time the offence was committed. "Look at him now, gentlemen of the
jury; eight years ago the murder of the pedlar, Byres, took place; why,
you may judge for yourselves whether he is now more than seventeen years
of age; he could scarcely have held a gun at the time referred to."

"The prisoner's age does not appear in the indictment," observed the
judge.

"May we ask his age, my lord?" demanded one of the jury.

"The prisoner may answer the question if he pleases," replied the judge,
"not otherwise; perhaps he may not yet be seventeen years, of age. Do
you wish to state your age to the jury, prisoner?"

"I have no objection, my lord," replied Joey, not regarding the shakes
of the head of his counsel: "I was twenty-two last month."

Mr Trevor bit his lips at this unfortunate regard for truth in our
hero, and, after a time, proceeded, observing that the very candour of
the prisoner, in not taking advantage of his youthful appearance to
deceive the jury, ought to be a strong argument in his favour. Mr
Trevor then continued to address the jury upon the vagueness of the
evidence, and, as he proceeded, observed--"Now, gentlemen of the jury,
if this case had been offered to me to give an opinion upon, I should,
without any previou