100 THE TRIAL.

state’s attorney to bring forward every thing
that went to prove the prisoner guilty, and it
was Mr. Sparr’s duty to show all the evi-
dence there was that he was innocent, and
then the jury were to judge between them.
“ Well, as I was saying, Mr. Richard Stone
was the first man that was called. The
state’s attorney asked him to tell the jury
about his house being broken open. So he
told his story, and it was this: — He said
that Eben Daniell, the prisoner, lived in his
neighborhood, and had been at his house
one day the last winter to saw wood.
‘The next day,’ said he, ‘I was going out
of town with my whole family, to take a
sleigh-ride, and so I shut up the house, fast-
ening all the windows, and locking all the
doors. When we came home in the even-
ing of the next day, and had built a fire, my
wife went into the parlor-closet, and called
out to me to say that the window was brok-
en. I went in, and saw that a pane of glass
was broken, and very near the place where
the window was fastened. I saw also that
the fastening was taken out, and so I sus- —
pected that somebody had been breaking in.
I told her to look around, and see if she