most in your party, as it may be, to throw dust in your eyes; 'twas my only chance."

"You seem, sir, to have a very straightforward way of proceeding; and, perhaps. you can give an equally good explanation of the manner in which you have managed to keep in your head the whole particulars of a conversation which you allege to have heard at such a distance of time since?"

"O certainly, sir, I can explain that too," replied Pierson, in the same pert, unabashed style as that which he had used hitherto. "When I heard what villany you and the corporal were hatching, I determined, as I said before, to let the captain know it. However, as I found he was gone to bed, and I knew this was a ticklish sort of matter, more especially with two men's words against one, I thought I'd first write it down, to be sure that none of it might be forgotten before morning; so I went aft and wrote it down at once, word for word, by the light at the cabin-door, and I borrowed the pencil of the sentry to do so, as I dare say he can tell their honours, for he's standing here in court. Next day, when I could get a little drop of ink from the purser's steward, I wrote it out fair, and here's the paper."

As the witness said this, he laid his hat down on the deck, and from an inner pocket of his jacket produced a dirty, worn-out, memorandum-book. When first picked from the pocket of its original possessor, this appeared to have been of handsome Russia leather; now a few pieces alone of the tough skin remained, patched with coarse ship's canvass, and held together by huge herring-boned stitches. From this precious depository was fished a soiled paper that just held together, while the orderly sergeant handed it to the president, and the latter with some difficulty deciphered nearly verbatim the conversation given in evidence against the prisoner.

Hitherto the prisoner's counsel seemed the only person on whom Pierson's startling evidence had produced no effect. Possibly he hoped, from the kind of character which the wretch had borne previous to entering the navy, that something might be elicited by the prisoner in cross-examination, which would have the effect of destroying what he so stoutly advanced.

As the cross-examination proceeded, it is true, this hope diminished. He then saw how utterly inadequate the best abilities were to such a task, if unversed in that deliP*

cate and peculiar art, which it often takes half the life-time even of an experienced counsel to master.

As far as Ramsay had gone hitherto, he had only been tightening the rope around his own neck, for every one of his latter questions had given the witness the greater opportunity of confirming his own testimony. When, therefore, he heard mention made of the written paper, his spirits rose again, as he thought it hardly possible that any sailor could have kept a scrap of this sort by him so long, when, to all appearance, the chance of requiring it was for ever at an end; and, unless the paper could be produced, the prisoner would have had a very fair right to argue on the misrepresentation likely to occur in the recollection, and still more in the repeating, of so long a conversation, part only of which was heard even at the very hour of its delivery;-an argument that would have thrown great doubt upon the rest of it. Now, on the contrary, when he heard the president decipher from Pierson's dirty notes nearly a verbatim report of the fatal conversation of the prisoner-when, after the most careful examination of the document, he saw the genuine appearance which it carried, the letters bearing that peculiar traced appearance which always distinguishes pen-marks over those of pencil beneath, and saw it put upon the record of the court's proceedings, his mind began to waver as to the innocence of his client, and he considered the most friendly step in his power to be, that of advising Ramsay to cross-question the adverse witness no further.

Secure, therefore, of having placed the halter round the neck of his victim, if that were any consolation to him, the seaman left the witness-stand, with the silent execration of many around, to return to the safe custody of his guard.

The next witness was the marine who had been on sentry at the captain's door at the time when Pierson stated that he had borrowed a pencil from him.

This witness having given in his name and that of his late ship, was asked, "What duty did you discharge on board the frigate you have named?”

66 Private in the marines."

"Is it not the duty of the marines to supply sentries for the door of the captain's cabin?"

"Yes, sir."

"Were you in the frigate on the night when Captain Livingstone disappeared from on board?"

Yes, sir."

"Who was sentry at the cabin door on that night?" "There were three, sir; private Milbank had the middle watch, private Brown the morning watch, and I had the first watch, sir.”

"Now calling your attention to the fact of a lead pencil being borrowed from you, what do you recollect during that watch?"

"I recollect that Pierson, sir, one of the afterguard, who was sometimes employed to write in the clerk's cabin, came and borrowed a pencil of me."

"What did he do with it?"

"He began writing down something which I thought was a song, or a wager, or something of that sort, on a leaf he tore out of an old book of accounts, which he took from his pocket."

"Would you know the leaf if you saw it again?" "I think I might, sir.”

"Is that it?"

The marine received the tattered leaf, and having carefully turned it over once or twice, replied: "The pencil marks I see are gone, sir; still that was as near the size of the book as might be-I should say 'twas the same, sir."

The prisoner was now asked if he wished to put any questions, but, with the air of one more stupified than surprised, he absently replied, “None” and the witness was allowed to depart.

When the various arrangements of writing down notes on the preceding testimony had been gone through, a dead silence pervaded the court: for a few seconds not even a whisper was heard; the hurried scratching of some reporter's dilatory pen, left behind in the general race, was the only sound that served to cover the heavy beating of the father's heart, as, wound up to the last pitch of agony, he beheld, thus accumulating, proof upon proof of his son's guilt. Even this faint distraction ceased, and then were distinguished, painfully pre-eminent, the heavy, hollow pulsations of the old man's bosom-each labouring throb seeming as if it were to be his last-his eyes distended and fixed upon Ramsay's averted countenance, while the livid lips involuntarily moved, to all appearance scarcely able to refrain from some adjuration to his child to disclose the truth.

Every eye was turned upon him, but he seemed neither to know nor heed it. Whatever they might think of the prisoner, none present could fail to feel for him; and more than once a tear might have been seen to glisten upon

sterner lids than his, whose agony was too intense for such relief. During this ominous pause, which so plainly spoke the sentiments of his judges as to Ramsay's conduct and fate, the president looked around, and seeing everything ready, said in a loud deep voice," Let the next witness be produced."

"The next witness?" whispered the spectators repeating the word;-" what, is there still further evidence?"

So thought Ramsay: so, alas! thought his father. The orderly of the court advanced to the after cabin, which was behind that where the trial was proceeding, and threw the door wide open. Every voice was hushed-every eye was strained towards the entrance: a heavy step was heard the sounding of a uniform sword—a tall figure appeared in the door-way, in the full uniform of a post-captain-a man of dark and threatening visage: he strode towards the end of the table, where the officer of the court stood ready to administer the oath, and turned his scowling look upon the prisoner. Starting back with surprise and exultation mingled, Ramsay looked towards his father, and exclaimed in tones that rang through the court, "This is CAPTAIN LIVINGSTONE!"

"God be praised-my son, then, is no murderer," responded the old man; and, with this involuntary exclamation, the overstrained power of his mind seemed temporarily to give way, and his head dropped upon the shoulder of the friend who sat next him in utter insensibility.

CHAPTER XLII.

Relentless wretch!-and if thou swearest false,
Then hell itself were far too good for thee!

SOME minutes elapsed before the court proceeded with the trial. The voice of the president ordering silence was promptly and implicitly obeyed. Captain Livingstone's oath was taken, and his testimony began. Having stated his name and rank, and the fact of his having commanded the frigate, the judge advocate proceeded with the examination in chief.

“Did any circumstances occur that night to fix it on your memory in particular?"

"Yes."

"Be pleased to state those facts to the court."

"On the night in question I retired to my cabin at eleven o'clock, leaving orders not to be called on any account till eight o'clock on the following morning. It was my custom always to sleep with the door locked, and my arms at hand, as I had received various anonymous threats of personal violence, and knew there were several bad characters among the crew, capable of anything: the prisoner, perhaps from his better education, the most

Here Captain Livingstone's testimony was checked by the prisoner's counsel, it being contrary to every rule of justice to enter on assertions of former misconduct which the prisoner could have no opportunity of rebutting.

"Do you recognise the prisoner at the bar, then, as having been one of your crew?"

"I do. He was formerly a lieutenant in the ship, but had been pressed subsequently when we were short of hands. To return, however, to the statement I was making to the court, I retired to my cabin at eleven o'clock; immediately afterwards I undressed, turned into my cot, and having extinguished the cabin lights, soon fell asleep. I had not slept long-for it was barely growing towards morning when I was awakened by the violence of some tremendous pressure on my throat. Almost strangle`.