four in the afternoon of the 28th of September
That may or may not be ; but I shall now proceed to lay before the Court certain fresh facts -- facts , I may say , of the most singular and startling character , which will , I think , lead to a very different conclusion . I shall say no more , but call the witnesses forthwith , and let the evidence speak for itself . '' The first witness for the defence was Thorndyke ; and as he entered the box I observed Polton take up a position close behind him with a large wicker trunk . Having been sworn , and requested by Anstey to tell the Court what he knew about the case , he commenced without preamble : `` About half-past four in the afternoon of the 28th of September I walked down Sundersley Gap with Dr. Jervis . Our attention was attracted by certain footprints in the sand , particularly those of a man who had landed from a boat , had walked up the Gap , and presently returned , apparently to the boat . `` As we were standing there Sergeant Payne and Dr. Burrows passed down the Gap with two constables carrying a stretcher . We followed at a distance , and as we walked along the shore we encountered another set of footprints -- those which the sergeant has described as the footprints of the deceased .