him.  He stated that about half-past ten, of that same night that the Pearl left Washington, while he was fastening up his house, he saw a man standing on the side-walk opposite his door, and observed him for some time.  Not long after, having gone to bed, he heard a noise of somebody coming down stairs; and, calling out, he was answered by his slave-woman, who was just then going off, though he had no suspicion of it at the time.  That man standing on the side-walk he pretended to recognize as me.  He was perfectly certain of it, beyond all doubt and question.  The object of this testimony was, to lead to a conclusion of enticement or persuasion on my part, and so to bring the case within one of the judge’s instructions already stated.  On a subsequent trial, Upperman was still more certain, if possible, that I was the man.  But he was entirely mistaken in saying so.  His house was on Pennsylvania Avenue, more than a mile from where the Pearl lay, and I was not within a mile of it that night.  I dare say Upperman was sincere enough.  He was one of your positive sort of men; but his case, like that of Houver, shows that men in a passion will sometimes fall into blunders.  I have reason to believe that after the trials were over Upperman became satisfied of his error.

The first trial had consumed a week; the second one lasted four days.  The judge laid down the same law as before, and similar exceptions were taken by my counsel.  The jury again remained out all night, being long divided,—­nine for conviction to three for acquittal; but on the morning of August 9th they came in with a verdict of GUILTY.

Satisfied for the present with these two verdicts against me, the District Attorney now proposed to pass over the rest of my cases, and to proceed to try Sayres.  My counsel objected that, having been forced to proceed against my remonstrances, I was here ready for trial, and they insisted that all my cases should be now disposed of.  They did not prevail, however; and the District Attorney proceeded to try Sayres on an indictment for stealing the same two slaves of Houver.

In addition to the former witnesses against me, English was now put upon the stand, the District Attorney having first entered nolle prosequi upon the hundred and fifteen indictments against him.  But he could state nothing except the circumstances of his connection with the affair, and the coming on board of the passengers on Saturday night, as I have already related them.  On the other hand, the “phantom brig” story, of which the District Attorney had made so great a handle in the two cases against me, was now ruled out, on the ground that the brig could not be brought into the case till some connection had first been shown between her and the Pearl.  The trial lasted three days.  The District Attorney pressed for a conviction with no less violence than he had done in my case, assuring the jury that if they did not convict there was an end of the security