I was soon introduced into the presence of the magistrate, an old benevolent man with calm and mild manners. He looked upon me, however, with some degree of severity, and then, turning towards my conductors, he asked who appeared as witnesses on this occasion.
About half a dozen men came forward; and, one being selected by the magistrate, he deposed that he had been out fishing the night before with his son and brother-in-law, Daniel Nugent, when, about ten o'clock, they observed a strong northerly blast rising, and they accordingly put in for port. It was a very dark night, as the moon had not yet risen; they did not land at the harbour, but, as they had been accustomed, at a creek about two miles below. He walked on first, carrying a part of the fishing tackle, and his companions followed him at some distance.
As he was proceeding along the sands, he struck his foot against something and fell at his length on the ground. His companions came up to assist him, and by the light of their lantern they found that he had fallen on the body of a man, who was to all appearance dead. Their first supposition was that it was the corpse of some person who had been drowned and was thrown on shore by the waves, but on examination they found that the clothes were not wet and even that the body was not then cold. They instantly carried it to the cottage of an old woman near the spot and endeavoured, but in vain, to restore it to life. It appeared to be a handsome young man, about five and twenty years of age. He had apparently been strangled, for there was no sign of any violence except the black mark of fingers on his neck.
The first part of this deposition did not in the least interest me, but when the mark of the fingers was mentioned I remembered the murder of my brother and felt myself extremely agitated; my limbs trembled, and a mist came over my eyes, which obliged me to lean on a chair for support. The magistrate observed me with a keen eye and of course drew an unfavourable augury from my manner.
The son confirmed his father's account, but when Daniel Nugent was called he swore positively that just before the fall of his companion, he saw a boat, with a single man in it, at a short distance from the shore; and as far as he could judge by the light of a few stars, it was the same boat in which I had just landed. A woman deposed that she lived near the beach and was standing at the door of her cottage, waiting for the return of the fishermen, about an hour before she heard of the discovery of the body, when she saw a boat with only one man in it push off from that part of the shore where the corpse was afterwards found.
Another woman confirmed the account of the fishermen having brought the body into her house; it was not cold. They put it into a bed and rubbed it, and Daniel went to the town for an apothecary, but life was quite gone.
Several other men were examined concerning my landing, and they agreed that, with the strong north wind that had arisen during the night, it was very probable that I had beaten about for many hours and had been obliged to return nearly to the same spot from which I had departed. Besides, they observed that it appeared that I had brought the body from another place, and it was likely that as I did not appear to know the shore, I might have put into the harbour ignorant of the distance of the town of — — from the place where I had deposited the corpse.
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