Dunning procured a pocket almanack, removed the sheet in which was the calendar of the month of the murder, and had it reprinted at the same press, or at all events with exactly similar type, altering the moons, so as to make no moon on the night in question.
On the day of trial he left this almanack in his great-coat pocket, hanging up in the ante-room of the court. The trial took place, and the witness gave his evidence.
"How could you be sure that the man on horseback was Captain St. Pierre?" asked the judge.
"My Lord, the full moon shone on him. I knew his horse; I knew his coat. Besides, when he had shot the other he took off his mask."
"The full moon was shining, do you say?"
"Yes, my Lord; I saw his face by the clear moonlight."
"Pass me a calendar. Who has got a calendar?" asked the judge.
At that time almanacks were not so plentiful as they are now. As it happened no one present had one. Then Dunning stood up, and said—
"My Lord, I had one yesterday, and I put it, I think, in the pocket of my overcoat. If your Lordship will send an apparitor into the ante-room to search my pocket, it may there be found."
The calendar was produced—there was no moon. The evidence against the accused broke down, and he was acquitted.
This was considered at the time a clever move of Mr. Dunning; it occurred to no one that it was immoral. Captain St. Pierre had to pay Dunning heavily; in fact, he made over to him a portion of the estate in lieu of paying in cash, and later, when he became further involved, he sold the property to the Barings. Dunning was created Baron Ashburton, but the title became extinct with his son, who bequeathed his property to Alexander Baring, his first cousin, who was elevated to the peerage under the title of Baron Ashburton, and the St. Pierre property now belongs to Lord Ashburton.
Captain Edward St. Pierre died in 1788, without issue, and his sister became his heir; but he had got rid of everything he could get rid of. Only the estate near the Tamar had been saved from sale by his mother taking it of him on a lease for ninety-nine years. She was residing on it when the news reached her that her good-for-nothing son was dead.
He had died at Shaldon, near Teignmouth, on the 29th June, and his last request was that he might be carried to Bath, and laid by the side of the woman he had wronged.
When his mother received the tidings of his death she was in uncertainty what to do. All the last night of June to the dawn of July 1, she sat in one tall-backed arm-chair, musing what to do with the rest of her life. Should she go to Bath, and spend the remainder of her days at cards, amusing herself? or should she devote it to a country life, and to repairing the shattered fortunes of the family?
When morning broke her mind was made up. She would adopt the nobler, the better cause; and she carried it out to the end. As each farm fell vacant in the parish she took it into her own hands, and farmed it herself, and succeeded so well, that when the rival gentle family in the parish, owning a handsome barton there, fell into difficulties, she bought their estate, so as to make some amends for the loss of the Ashburton property. That the chair in which the old lady sat meets with respect ça va sans dire.
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