"How did he appear at that time?"

"The first part of the night, he took me to be his wife, and talked with me about the children."

"Relate all you remember of his wanderings."

"He was very much excited and wanted to get out of bed and go to see Dr.

Lenox--Said he must go, and we had great difficulty in pacifying him."

Cross examination.

_Mr. Marshall._ "Do you remember what he said to you about the children?"

"He charged me never to let the girls marry a man who had perjured himself."

This reply produced great sensation, and the sheriff again thundered "_order!_ ORDER!!"

"Did he appear more calm toward morning?"

"Oh, no! He grew more and more excited until we promised to send for the Doctor."

"Did that wholly pacify him?"

"He seemed so relieved and rational that I staid alone with him while Mr. Hardy went for the Doctor, and he hardly spoke during his absence."

"How did he appear during that time?"

"He lay with his eyes closed, and once I thought I heard the words. 'Oh, G.o.d!--Oh, Jesus, forgive me!'"

_Mr. Curtiss_ called Mr. Hardy. "Did you discover any signs of insanity in Mr. Fuller on the night preceding his death?"

"I did."

"What were they?"

"Substantially those already testified to by Mrs. Andrews. He called incessantly for the Doctor, saying he could not die till he had seen him."

_Mr. Curtiss_, under excitement, interrupted the witness, saying, "you need not repeat the testimony of other witnesses."

Cross-examination by _Mr. Marshall_. "Did he tell you why he wished to see the Doctor?"

"He said, he had something of great importance to confess to him, and he could not die with it upon his conscience."

"How did he appear when you returned with the Doctor?"

"Perfectly calm and rational."

"Who were then present?"

"Dr. Lenox, Mrs. Fuller, Mrs. Andrews, and myself."

"Relate what occurred."

"The Doctor went directly to the bed. When Mr. Fuller saw him, he said audibly, 'thank G.o.d!' He then added, that he had committed a great crime which he wished to confess before he died, and that it related to the last will of the late Joseph Lee. Dr. Lenox immediately requested me to go for the nearest magistrate. When I returned with Justice Wilson, the Doctor was praying with the sick man. Fuller's wife holding her husband and weeping, stood the other side of the bed with Mrs. Andrews. Prayer being closed, the Doctor informed Justice Wilson of the wish of Hugh Fuller to make a confession which it was important to take in a legal form. The Justice then took the sick man's confession in our presence in the form of an affidavit."

Mr. Balch was next called, and as he took the stand Mr. Willard, with a hasty and agitated step, returned to the court room and resumed his seat. Every eye was turned toward him, as he appeared to be under great excitement which he in vain endeavored to conceal. He hastily whispered to Mr. Marshall, who started in surprise, and seemed fully to partic.i.p.ate in his feelings.

_Mr. Curtiss to Mr. Balch._ "Were you acquainted with Mr. Fuller?"

"Intimately; I lived next door to him, and we frequently worked together. I saw him almost daily before his death."

"Did you see him often during his sickness?"

"I was at his house every day to inquire after him, and I watched with him several nights."

"Did you discover signs of insanity in him?"

"I did."

"Relate to the court what you recollect of them."

"He frequently talked with me about business that he had no connection with, and about all sorts of things that he never talked about in health."

"When did you see him last?"

"On the day before his death."

"How did he then appear?"

"He was as wild as a hawk, and kept trying to get off the bed, and pulling the clothes."

"What did he talk about?"

"He spoke of houses, and farms, and cattle, and workmen, and all sorts of things, and run from one to another without any connection."

Here Mr. Curtis rose with an air of triumph and exultation and said, "Your Honor, unless the counsel for the prosecution wish to cross-examine this witness, we shall here close the direct testimony for the defence."

Mr. Willard, who had been sitting during the examination of the last witness, with his face concealed by a book, now rose and said, "Your Honor, and you, Gentlemen of the Jury, we shall waive the privilege of cross-examining the last witness for the defence, that we may hasten to introduce a few items of reb.u.t.ting testimony at this stage of the trial."

This was said in so low a voice as scarcely to be heard, while he actually trembled with the effort to suppress his emotions. "For this purpose," he continued, "I recall Mrs. Martha Fuller."

_Mr. Curtiss objects._ "She has been already on the stand."

_Mr. Willard._ "Your Honor, I recall her to elicit new testimony, not known at that time."

Mrs. Fuller having presented herself, he asked leave of the court to inquire, if any one here present were acquainted with the hand writing of Oscar Colby, of Edward Stone, of Hugh Fuller, or of the late Joseph Lee.

Many voices responded to the call; a number of persons came forward, and having taken the oath, Mr. Willard advanced toward them, and slowly drawing out his large pocket-book, proceeded to take from thence two yellow and time-worn doc.u.ments. He partially unfolded them, when each of the signatures were identified, with the exception of that of Edward Stone.

While this was going on the prisoners started suddenly from their seats, lawyers and reporters dropped their pens in their eagerness to witness what was to follow; even the counsellors for the defence seemed to hang in breathless suspense upon the issue of the moment.