unfortunate piper alive. He opened his eyes, sat up, and asked where he was, and how he came there. Mr. Vavasour and his servant helped him out of his grave, and seated him on the side. The man was sent for water and other restoratives, and before long the news had spread about down Micklegate that the poor piper was come to life again. A swarm of wondering and sympathising people poured out to congratulate John the Piper on his resurrection, and to offer their assistance. A conveyance was obtained, and as soon as Bartendale was in a sufficient condition to be moved, he was placed in it, covered with Mr. Vavasour's cloak,—for he had been stripped by the executioner before he was laid in the earth—and was removed again to York Castle.
It was rather hard that the poor fellow, after he had obtained his release, should have been returned to his prison; but there was no help for it. The resurrection of the piper was no secret; otherwise Mr. Vavasour would doubtless have removed him privately to a place of security till he was recovered, and then have sent him into another part of the country.
At the following Assizes, Bartendale was brought up again. It was a nice point at law whether the man could be sentenced to execution again after the Sheriff had signed his affidavit that the man had been hung till he was dead. Mr. Vavasour was naturally reluctant to supply the one link in the chain of evidence which established the identity of the prisoner with the piper who had been hung and buried for felony; he made earnest intercession that the poor fellow might be reprieved, popular sympathy was on his side, the judge was disposed to mercy, and Bartendale was accorded a full and free pardon, the judge remarking that the case was one in which the Almighty seemed to have interfered in mercy to frustrate the ends of
