s knowledge of the prisoner, have just come to the
following conclusion--I should have said (and your intelligence and good
sense will, I have no doubt, bear me out in this supposition), that,
allowing that the pedlar, Byres, did receive his death by the prisoner's
hand--I say, gentlemen, that _allowing_ such to have been the case, for
I deny that it is borne out by the evidence--that it must have been
_that_, at the sudden meeting with the pedlar, when the lad's conscience
told him that what he was doing was wrong, that the gun of the prisoner
was discharged unintentionally, and the consequence was fatal; I should
then surmise, further, that the prisoner, frightened at the deed which
he had unintentionally committed, had absconded upon the first impulse.
That, gentlemen I believe to be the real state of the case; and what was
more natural than that a child under such circumstances should have been
frightened, and have attempted to evade the inquiry which must have
eventually ensued?"

"You state such to be your opinion, Mr Trevor; do you wish me to infer
that the prisoner pleads such as his defence?" asked the judge.

"My lord," replied Mr Trevor, in a hesitating way, "the prisoner has
pleaded not guilty to the crime imputed to him."

"That I am aware of, but I wish to know whether you mean to say that the
prisoner's defence is, not having anything to do with the death of the
pedlar, or upon the plea of his gun going off by accident?"

"My lord, it is my duty to my client to make no admission whatever."

"I should think that you would be safe enough, all circumstances
considered, if you took the latter course," observed the judge,
humanely.

Mr Trevor was now in a dilemma; he knew not how to move. He was
fearful, if he stated positively that our hero's gun went off by
accident, that Joey would deny it; and yet if he was permitted to assert
this to be the case, he saw, from the bearing of the judge, that the
result of the trial would be satisfactory. It hardly need be observed
that both judge, prosecuting counsel, jury, and everybody in court, were
much astonished at this hesitation on the part of the prisoner's
counsel.

"Do you mean to assert that the gun went off by accident, Mr Trevor?"
asked the judge.

"I never fired the gun, my lord," replied Joey, in a calm steady voice.

"The prisoner has answered for me," replied Mr Trevor, recovering
himself; "we are perfectly aware that by making a statement of