He never saw his brother alive afterwards.

He then deposed to the finding of his coat and hat, each in a crushed and torn state.

The footmarks in the corner of the field were proved to have been those of his brother and the prisoner, as the shoes of each exactly fitted them when tried.

He was then asked how it could be possible, as his brother had altogether disappeared, to know whether his shoes fitted the foot-prints or not, to which he replied, that one of his shoes was found on the spot the next morning, and that a second pair, which he had at home, were also tried, and fitted precisely.
The next witness was Rody Duncan, who deposed that on the night in question, he was passing on a car, after having sold a load of oats in the market.

On coming to the corner of the field, he saw a man drag or carry something heavy like a sack, which, on seeing him, Rody, he (the man,) left hastily inside the ditch, and stooped, as if to avoid being known.