-first, that strict and immediate search should be made for the two murderers and their confederates, if they had any :-second, the advantage of an interpreter:-thirdly, time and opportunity to send to Geneva for his passport, and for proofs that he was, what he represented himself viz. Horace Lindsay, the only son of Lord Montfort, and travelling solely for pleasure. He further declared, that as a British subject he claimed the protection of the British Charge d'Affaires for Switzerland, then residing near Lausanne, to whom he was personally known; and he warned them that his legal murder would involve the canton in a quarrel with Great Britain, who espoused the rights of the meanest of her subjects as her own. Finally, he claimed a regular trial, and appealed from the judgment of their court to the Landsgemeinde, or Bundestag.

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They stood aghast at his presumption even in naming these awful bodies; and the magistrate informed him that the Assembly of the Landsgemeinde, or Conveniendum of landholders, and still more, the august Bundestag, or representative meeting of the three leagues,-only deliberated and determined on legislative and political measures, and never tried criminal or legal He further observed, that his request for delay, for the purpose of proving who he was, could not be granted, and could avail him nothing if it were for that neither subjects of Great Britain, nor any other state, nor Lords, nor yet Princes, could escape capital punishment in the Grisons, if convicted of murder; that his demand of an interpreter should be

causes.

granted, and that the Baillie himself would sit upon him in the morning, when he would assuredly be hanged in due form.

With this consolatory prospect, he was sent to pass the night in prison.

CHAPTER XXXV.

THE TRIAL.

The midnight clock has toll'd, and hark! the bell
Of death beats slow! Heard ye the note profound?
It pauses now and now, with rising knell,
Flings to the hollow gale its sullen sound.

MASON.

MORNING came ;-the bell of the village of Sajlas tolled slowly and solemnly for the assembling of the Court, like the knell of death. The wonderful tidings had spread far and wide. Peasants from remote villages and hamlets were flocking up the narrow vallies, and over the mountains ;-not to witness the trial, but to see the murderer, and hear him doomed. When Lindsay was brought forth, a low stifled whisper of curiosity and horror was heard from the crowd. Men shrunk back from him, while they strained their eager eyes to see him; the women drew their garments closer round them as he approached-as if his very touch had been con20

VOL. II.

tamination; and even the little children clung affrighted to their mothers' knees, trembling, but scarcely knowing what horrible thing they feared. The trial commenced. It was first reported that the men whom the prisoner had denounced had been searched for in vain—that on viewing by day light the spot where the murder was supposed to have been perpetrated, marks of feet deep stamped into the earth, as if in mortal struggle, were distinctly visible, and the ground was soaked in gore. Lindsay instantly demanded, with his natural acuteness, that those footmarks should be measured, and compared with his foot; certain that they would not be found to correspond. But he was told, in return, that the ground was so wet with blood and with the sleet of the storm, that the traces were too indistinct to admit of being measured; although they too plainly showed how dreadful had been the conflict.

The evidence of the preceding night was again gone through with greater minuteness, and it tended so positively to criminate the prisoner, that not a doubt remained in the mind of any one in court of his guilt.

Lindsay's able reply and vindication of himself were given with an energy and eloquence, and a proud confidence, which might have made a strong impression upon his hearers-if they could have understood it; but when done into Ladin, by the dull clown that acted as his interpreter, all its spirit and force, and even its sense evaporated.

Another paper was produced which had been found that morning, near the spot where the

murder had been perpetrated, and where his handkerchief had been discovered; which he recognized to his infinite dismay, to be a fragment of a poem he had begun to compose. He attempted, however, to argue, that the very fact of his writing poetry, (and that it was original poetry was manifested by the erasures), was strong proof of his innocence,-since an assassin would never betake himself to such an employment. But the Baillie was of a different opinion, and maintained that the discovery of a paper confessedly in the prisoner's hand writing, so near the spot, was almost of itself a conclusive proof of his guilt.

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'Well,' thought Lindsay, after all, it is rather hard to be hanged merely for writing a few bad verses. If all offenders were to be served so, what strings of poets would be hung up!'

The Baillie, after a long harangue, very little to the purpose, ended by observing, that though there was every reason to believe that the prisoner had accomplices, that circumstance did not diminish his own guilt, which was proved beyond any possibility of doubt. He was accordingly declared guilty of the murder,' and the awful sentence of death was passed upon him.

What were his sensations at that moment cannot be described. The whole affair was so sudden, so unexpected, so wholly out of the ordinary course of events, that he could scarcely yet believe in its reality, and he felt as if under the influence of a horrible dream. Astonishment and indignation seemed to chain up the faculties of his soul, and benumbed his feelings,

A solemn silence had followed the proclamation of the awful sentence, which in that court had never been heard before. After a few minutes, a tide of dreadful recollection at once rushed over the stunned soul of Lindsay, and wildly and unconsciously he threw his bewildered gaze around him; when, to his utter amazement, it rested on the tall athletic form of the dark browed assassin, who with folded arms was standing alone,—his looks intently fixed upon him, as if he would have read into his very soul. 'That is he !' exclaimed Lindsay; 'that is the murderer! seize him!"

But to his astonishment, all shrunk back from him with looks of fear and murmurs of avoidance; for he was one of those wild hunters whom they believed to be leagued with the powers of darkness, and indomitable by the force of man.

'Seize him!' repeated Lindsay, but no one offered to approach him.

This is most strange!' exclaimed Lindsay. 'I denounce him as the murderer, and you refuse to take him into custody? Will you let him loose to prey on society again? Will you let him, by his escape, add my murder to that of those whom he has already sent to a bloody grave ?'

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You say truly,' said the man; 'many have I sent to a bloody grave! Many have I murdered in the prime of youth and hope.'

The people shrunk from him with deeper horror, but none attempted to lay hold of him.

Then you confess yourself to be the murderor,' exclaimed Lindsay,