droitly put
questions as to the condition of his overshoes and umbrella, suggested
the improbability of his having been out that night, and prepared the
way for his theory that it had been some one else whom the officer had
seen clad in the cap and ulster.

Littell knew that he had a favorably disposed witness in Miles and made
the most of the opportunity, but there was so little that the detective
knew of his own knowledge that it was not of great advantage.

Upon the conclusion of his evidence, the prosecution closed its
testimony, and it being then late in the afternoon, the Judge, after
consultation with the lawyers, adjourned court till the following day.

After the adjournment I had opportunity to hear expressions of opinion
from various members of the bar who had been spectators at the trial and
who like myself lingered on the scene for awhile, and I found that while
they all agreed that the prosecution had made out its case, there still
existed a strong feeling of curiosity regarding the line of defence to
be pursued.

It was plain an alibi was out of the question, for while Winters's
identification by the night-officer was not fully positive, the
subsequent possession by him, on the night of the murder, of one of the
missing bills confirmed its correctness beyond any possibility of
reasonable dispute.

It was the unanimous opinion, however, that some plausible explanation
of his possession of that bill must be forthcoming if the defence
entertained any hope of an acquittal, and there were many conjectures as
to what the explanation was to be. I could not but be entertained, in
spite of my perturbed state of mind, by the unconscious assumption on
the part of all who joined in the discussion that the explanation when
it should be forthcoming, would evidence in its ingenuity the cleverness
of the defence.

So confident was the general opinion of the prisoner's guilt, that it
was not even suggested there might be a true explanation available, nor
did it seem to occur to any one of them that Littell, with the high
professional reputation he possessed, might be unwilling to endorse by
his advocacy any other sort. Having accepted the case, they assumed
apparently that he would make the most of it, whatever its character or
merit might be.

This mental attitude of prejudgment was calculated to work injustice to
the defence, because, as I knew, Littell believed in the innocence of
his client, and his evidence a