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Rh was Mr. Gould," asked Dunning, "when, as you say, it was past midnight?"

"Sir, the full moon shone on him. I recognized his horse. I knew his coat. Besides, when he had shot the other he removed the mask."

"The full moon was shining, you assert?"

"Yes, your honour. I saw his face by the clear moonlight."

"Pass me a calendar," said the judge. "Who has got a calendar?"

At that time almanacs were not so plentiful as they are now. As it happened, no one present possessed one. Then Dunning said, standing up:—

"My lord, I had one yesterday, and put it, I believe, in my overcoat pocket. If your lordship will send an apparitor into the ante-room to search my pocket, it may be found."

The calendar was produced. There was no moon on the night of the murder. The evidence against the prisoner broke down, and he was acquitted.

Dunning on the previous day had purchased an almanac, removed the sheets containing among others the month and those preceding and following it, and had had the calendar reprinted, altering the moons so that there might be none on the night in question.

This was considered at the time a clever and sharp bit of practice of Mr. Dunning; it occurred to no one that it was immoral.

This story rests entirely on tradition, but the tradition lived both at Lew Trenchard and at Ashburton. I have been unable to find any record in the Assize Rolls, but then I do not know whether the murder took place in Devon, as the tale goes, or elsewhere, so that I cannot be sure that the trial took place in Exeter, or perhaps at Bath.