over the paper, which stated that he, the prisoner, with several
others, on a certain day took a quantity of the captain's brandy, and
got drunk thereupon.

A ray of hope beamed upon me. I started up, and the jury
instinctively began to brighten; they had given up the prisoner as
lost, and now they were ready to catch at a straw. I addressed the
unfortunate "You state here, that you took the captain's brandy with
certain of the sailors. Do you mean by that, you 'partook' of the
brandy which other sailors were drinking?"

Prisoner (balbutiant). I -- I -- ye -- ye --

P. Counsel. What do you really mean, Sir, by this written document?
Do you mean to say that you yourself took this brandy, or that you
partook of it with others?

Prisoner. Yes, Sir, -- that I partook of it.

P. Counsel. Then, gentlemen of the jury, this document does not
convict the unfortunate man at the bar; and what appears like an
admission of guilt is only to be attributed to his imperfect mode of
expressing himself. He admits that he partook of certain brandy
stated to be the captain's, which the captain, himself, however,
would lead you to suppose had been provided by me. The witness who
has been examined throws no further light upon the matter; and though
the prisoner himself has admitted that he partook of liquor which he
believed belonged to the captain, that admission does not convict him
under the present indictment, which charges him with having
"feloniously taken and carried away," etc.