board lapped down. The person driving was of medium size. Was not acquainted with Harry Osborne, and did not think it was he who was in the waggon. It was a common thing for waggons to be driving about at night. He had, in January, received a threatening letter, which, however, the magistrate would not allow in evidence.

Philip Cormier

testified to finding a hat in the water about a mile above the Sadouc bridge, between the 22nd and 25th of October. This hat was identified by other witnesses as belonging to McCarthy.

Anthony White

said he had left an express waggon in Osborne's barn, and when he went for it found it outside. Believed it had been used, but was told it had to be put outside to make room for other horses and waggons.

Stephen McCarthy,

brother of the victim, said he once left a dark brown coat, with a dark velvet collar, at Osborne's, who told him he had once worn the coat to Moncton. Left the coat there about the middle of October, and got it again the last of November.

Charles Williston

swore that Osborne paid him $50 November 9, and $13 in December.

Mrs. Helen McCarthy,

wife of Timothy McCarthy, testified to circumstances of his leaving home and where she last saw him. As to the money he had when he left, she said: We kept a tavern and transient boarding-house, and they were profitable. We took about $600 a month on the average; he generally kept the money. He kept some on his person, and deposited in the bank occasionally. He had in the Bank of Montreal when he left $1,133. When he left he must have had $1,000 on his person. About the last of September or first of October he put $300 in the bank. We had about $3,000 on other property. He usually kept his money in a breast pocket on the left side of inside of vest. He sometimes

carried it in his pants pocket. When he was leaving he put his hand in the breast pocket of the vest and took a roll and handed me a five dollar bill from it. The roll was a large one; he often carried tens, twenties and fifties in his pocket.

Robert Atkinson,

through whose field Annie Parker had sworn the waggon went, testified that he noticed waggon tracks across a field of his between the 13th and 15th October, about a quarter of a mile from his house.

John Nickerson

testified that Mrs. Osborne and Eliza told him that McCarthy had been at their house about 12 o'clock on the night of the 12th. He searched the Adams House, but found nothing suspicious.

W. P. Warman

swore that his business was looking after lumber for E. J. Smith. He did not remember distinctly October 12, but did remember a big storm about that time on a Friday. About that time there were four rafts fastened to the shore by a large hawser near Atkinson's. His men had told him that on October 13th Atkinson's bars were down, and also that they saw a track as if a waggon had gone through the bars to the field. The waggon track went down near the fence to the shore. The tracks were fresh. He, however, fixed the date from the assertion of the men.

Committed for Trial.

This was the most important evidence given at this examination, and the Magistrates, after carefully considering the evidence, committed the prisoners for trial at the next sitting of the Supreme Court at Dorchester in July.

The body of Timothy McCarthy was discovered in the Sadouc River between three and four o'clock on the afternoon of May 11, 1878, by Damien White and Philip Vatore, who were at that time taking a raft of logs to Mr. E. J. Smith's mill. The body was found about 400 or 500 yards below the railroad bridge, and a short distance above the place where Annie Parker said it would be found. The face looked natural when first found, but soon began to turn black. There was an appearance of a wound or hole behind the left ear. There were on the body when discovered a waterproof overcoat, a pair of waterproof leggings and a pair of india rubbers over a pair of tolerably new leather boots, reaching not quite to the knees, a cloth overcoat with velvet collar. The brown overcoat and rubber coat Annie Parker swore the Osbornes kept. In the right hand pants pocket $52 in bills and a piece of silver were found, and in the left hand pocket $207 in bills. In one of the vest pockets was a silver watch, which had stopped at 1.35 o'clock. The watch had a chain attached, also a shell the size of a chestnut. In the right hand pocket of the overcoat was a seven-shot revolver, with all the chambers loaded, and in the left hand pocket of the coat a meerschaum pipe and case. Drs. Allison, Fleming and Scott held a post-mortem examination of the body on the 13th.

An inquest was begun on the 13th at Shediac before Coroner Hannington, and a jury consisting of George Miner, foreman, George Maillet, John Dickey, Tranquil Gallant, James Wilbur, Louis Arthur and Sherman Welling. Dr. W. H. Tuck, Q. C., and D. L. Hannington, Esq., appeared on behalf of the Crown, and C. A. Holstead, Esq., on behalf of the prisoners.

The first evidence given was that of the physicians who had examined the body, who testified to the appearance of the body when found, who all agreed that death was not caused by drowning. The great bulk of the testimony was similar to that given at the first examination. The body was fully identified. Annie Parker repeated her story as to how McCarthy was murdered. She further stated that McCarthy said that he was going away from Mrs. McCarthy to leave her; he was going to the Island, where she could not follow him, for she had only ten dollars of her own, besides the five he had given her. She also stuck to her story with regard to the disposition of the coats by the Osbornes.

On the 18th, two men employed by the Coroner to rake the Sadouc River found in it a stone 15 inches long, 9 inches wide and 5 inches thick, which Annie Parker afterwards said was similar to the one the Osbornes used, although it did not appear so long when she saw it at night time.

The stone was of a grayish color, appeared to have been exposed to smoke and weighed about 50 lbs. It was a few yards from where the body was picked up, and a short distance from where she said the body was put.

The tree-men, Stephen J. Sturgis, A. C. Myrick and C. R. Myrick, swore that they were in Shediac from October 11 to November 16, stopping at the Waverley House; heard nothing unusual.

Dr. Campbell, who boarded at the time at the Waverley House, said he was at Waverley House on 12th October, and slept there that night; heard nothing unusual; tree-men were there, he thought.

Agnes Buchanan swore that Annie Parker had told her that Mrs. McCarthy would keep her like a lady if she would only stick to her story that the Osbornes killed McCarthy. She thought Annie under the influence of liquor

then.

The inquest closed on June 2, 1878, when the jury, having failed to agree were discharged.

THE FIRST TRIAL.

The first trial of the Osbornes took place at Dorchester, before His Honour Chief Justice Allen, of the Supreme Court of New Brunswick, and a jury composed of the following persons: Hiram Hicks, foreman, Abel Dewyer, Rufus Trueman, Titus Dixon, Eph. Allen, Thomas L. Wood, Amos Weldon, Nathan Fowler, Edward Hastey, Edgar Dixon, Gaius Black and William Dixon.

Dr. Tuck appeared on behalf of the Crown, and with him was associated D. L. Hannington, Esq. The prisoners were defended by A. L. Palmer, Esq., Q.C., and C. A. Holstead, Esq.

The case began July 18, 1878, and continued without intermission until August 23rd, when it was given to the jury, who, after deliberating on it for about eleven hours, failed to agree, and were consequently discharged. John Osborne was then released on bail to appear at the sitting of the Court in the following November. The other prisoners were remanded to jail. Annie Parker was remanded to Hampton Jail as a necessary witness. She had been confined there since the first examination.

The line of defence adopted at this trial was to endeavour to show that McCarthy went down the track that night and fell off the railway bridge, and was killed by striking against the timbers of the bridge, or was drowned in the river. They also endeavoured to show that Annie Parker was unworthy of credit.

The Second Trial.

The second trial began at Dorchester on November 13th, 1878, before Chief Justice Allen and the following jury: W. A. Wells, foreman, William M. Ross, Ephraim Weldon, W. Dixon Baird, Thomas Wood, Cyrus Chappell, John Wells, Rufus Outton, John A. Summers, Allen Horsman, Bamford Atkinson and Martin Black. It continued until December 16, 1878, when, after

about twelve hours, the jury again failed to agree, and were discharged. It was said the jury stood 7 for conviction and 5 for acquittal.

John Osborne was then released on his own recognizance, Eliza was released on bail, and the others were remanded back to prison.

The Osbornes.

The following is a description of the Osbornes :

Mr. Osborne-Tall, sandy whiskers, high cheek bones, Roman nose, hair darkish, medium forehead, weight about 180 or 190.

Mrs. Osborne-About 48 or 50 years, hair a little grayish, high cheek bones, long slim nose, weight about 140 lbs., maintains an undisturbed demeanor. Eliza Weight about 125 or 130, age 25 or thereabouts, curly hair, rather good looking, light eyes, about 5 feet 6 inches high.

Harry-Age 17, darkish hair, low forehead, not intelligent looking, smiles occasionally at close questions, tall and slim.

Formerly kept hotel at Moncton; removed to Shediac in July, 1877, and rented Waverley Hotel, formerly occupied by James Grafton.

Family composed of nine persons: Mr. and Mrs. Osborne; Eliza and a Mrs. White, since married; a son about 25 years old, a farmer; Harry, the prisoner ;, one small girl and two small boys.

The Scene of the Tragedy Described by Annie Parker.

According to Annie Parker's story, McCarthy was killed at the spot marked 3, was carried through the hall and front door to the place marked 4, where it was placed in the waggon. The tree-men occupied the room directly over that marked sitting room. Dr. Campbell's room was directly over the front door.