an
explosive force and small pica type as projectiles was demonstrated. It
was a combat of wind and lead--an endurance contest during which the
jury slept fitfully for three long weeks.
Two things, the prosecution claimed, proved Flechter's guilt: first, the
fact that the violin found in his possession was "The Duke of
Cambridge"; second, that the "Cave-Dweller" letter was in the same
handwriting as Flechter's notice of reward.
Of course the latter proposition carried with it the necessity of
proving in the first place that the notice itself was in Flechter's
penmanship. Flechter through his counsel said it wasn't, and that he had
never told Mrs Bott that it was. He claimed that his brother-in-law,
John D. Abraham, had written it. Mrs. Bott, he alleged, was an old lady
and was mistaken in her testimony when she swore that he had said, "I
have written down something." He had not said so. Mr. Abraham
corroborated him. He had written it himself sitting in an armchair, all
but the words "355 West Thirty-first Street," which had been put in by a
certain Mr. Jopling who had been present. Mr. Jopling swore that that
was so, too. But, on cross-examination, it developed that Mr. Abraham
had been practicing making copies of the notice at the suggestion of the
lawyer for the defense, and, when Mr. Jopling took the stand, he was
called upon to explain an affidavit made by him for Assistant District
Attorney Allen, in which he affirmed that he did not know _who_ wrote
the words "355 West Thirty-first Street." His explanation did not
explain, and, anyhow, there did not seem to be any particular reason why
Abraham and Jopling should have written Flechter's notice for him.
Besides, even if Flechter did _not_ write it and Abraham _did_, it would
still remain almost as bad for Flechter if it was shown that "Cave
Dweller" was his own brother-in-law.
But Mrs. Bott was a woman who appealed strongly to a jury's sympathies,
and she was clear that Flechter had said that he had written the notice.
Moreover, she recalled that the date had first been written _May_ and
that Flechter had erased it and inserted _March_ in its place. A
microscopic examination revealed the fact that such an erasure had been
made. When the smoke cleared the credibility of the defense appeared
badly damaged. But the precise point was of little importance, after
all. The great question was: the identity of 'CAVE DWELLER.' On this
point a number of witnesses testif
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