"I should here perhaps mention, that I felt some apprehension, lest the prosecutor's Counsel should endeavour, in the cross-examination of Mr. Grimaldi, to throw him off his guard, by insinuating that his acquaintance with me was disreputable, and exert their abilities to make him appear ridiculous; therefore, on our way down, I hinted my fears, and begged him, for God's sake, to keep his temper, to answer every question with calmness and propriety, and not to be irritated by any interrogatories of counsel; to which he answered, 'Whatever were your transactions previous to my acquaintance I know not; but certainly I never observed anything improper in your conduct; nor did I, till this unfortunate affair, hear anything to your disadvantage: but admitting you to be the vilest character on earth, I am bound, as a man and a Christian, to speak the truth; and I should consider myself highly culpable if I withheld my testimony, when, by giving it, I might prevent an innocent man from losing his life. I am going to assert nothing but the truth, to do which can dishonour no man. I assure you I am too much impressed with a sense of your unfortunate situation to be otherwise than serious; and I trust those who hear me will be properly satisfied, that I know my duty when giving testimony in a court of justice, as well as when performing before an audience at a public theatre.' These were his observations, and he fully verified them.
"Mrs. Grimaldi was next called, and confirmed the testimony of her husband in every particular.
"Mr. Dauncey, the counsel for the prosecution, in his opening speech, had mentioned that I kept houses of a certain description, and endeavoured to impress the minds of the jury with a belief that no credit was to be given to any witness who could visit or associate with me. He even said it was material to consider whether I and my witnesses were not guilty of a foul conspiracy to defeat justice; and in order to lessen the effect of Mr. and Mrs. Grimaldi's evidence, they were interrogated by the prosecutor's counsel as to their knowledge of my keeping disorderly houses, which they most positively, and with truth, denied.
"Mr. Justice Graham, in addressing the jury, told them he conceived they must entertain the same opinion with himself, that the witnesses for the prosecution had mistaken Mackoull for the person who had committed the offences, and if so, it would be unnecessary for him to sum up the evidence. The jury instantly expressed their concurrence with the opinion of the judge; and, after a trial of nine hours, Mackoull was pronounced--Not guilty.