chimney-piece in his bedroom, where he believed it to have been upon the
previous night.

James Carney, one of Marston's servants, was next sworn and examined. He
had, he said, observed a strange and unaccountable agitation and
depression in Merton's manner for some days past; he had also been
several times disturbed at night by his talking aloud to himself, and
walking to and fro in his room. Their bedrooms were separated by a thin
partition, in which was a window, through which Carney had, on the night
of the murder, observed a light in Merton's room, and, on looking in, had
seen him dressing hastily. He also saw him twice take up, and again lay
down, the red-hafted knife which had been found in the bed of the
murdered man. He knew it by the handle being broken near the end. He had
no suspicion of Merton having any mischievous intentions, and lay down
again to rest. He afterwards heard him pass out of his room, and go
slowly up the back-stairs leading to the upper story. Shortly after this
he had fallen asleep, and did not hear or see him return. He then
described, as Smith had already done, the scene which presented itself in
the morning, on his accompanying him into Sir Wynston's bedchamber.

The next witness examined was a little Irish boy, who described himself
as "a poor scholar." His testimony was somewhat singular. He deposed that
he had come to the house on the preceding evening, and had been given
some supper, and was afterwards permitted to sleep among the hay in one
of the lofts. He had, however, discovered what he considered a snugger
berth. This was an unused stable, in the further end of which lay a
quantity of hay. Among this he had lain down, and gone to sleep. He was,
however, awakened in the course of the night by the entrance of a man,
whom he saw with perfect distinctness in the moonlight, and his
description of his dress and appearance tallied exactly with those of