.
Emilius had such an instrument in his hand. A tall man in a grey coat
was seen hurrying to the spot at the exact hour. Mr. Finn is a tall
man and wore a grey coat at the time. Emilius is not a tall man, and,
even though Meager had a grey coat, there is no evidence to show
that Emilius ever wore it. Mr. Finn had quarrelled violently with
Mr. Bonteen within the hour. It does not appear that Emilius ever
quarrelled with Mr. Bonteen, though Mr. Bonteen had exerted himself
in opposition to Emilius."

"Is there to be no defence, then?"

"Certainly there will be a defence, and such a defence as I think
will prevent any jury from being unanimous in convicting my client.
Though there is a great deal of evidence against him, it is all--what
we call circumstantial."

"I understand, Mr. Wickerby."

"Nobody saw him commit the murder."

"Indeed no," said Madame Goesler.

"Although there is personal similarity, there is no personal
identity. There is no positive proof of anything illegal on his
part, or of anything that would have been suspicious had no murder
been committed,--such as the purchase of poison, or carrying
of a revolver. The life-preserver, had no such instrument been
unfortunately used, might have been regarded as a thing of custom."

"But I am sure that that Bohemian did murder Mr. Bonteen," said
Madame Goesler, with enthusiasm.

"Madame," said Mr. Wickerby, holding up both his hands, "I can only
wish that you could be upon the jury."

"And you won't try to show that the other man might have done it?"

"I think not. Next to an alibi that breaks down;--you know what an
alibi is, Madame Goesler?"

"Yes, Mr. Wickerby; I know what an alibi is."

"Next to an alibi that breaks down, an unsuccessful attempt to affix
the fault on another party is the most fatal blow which a prisoner's
counsel can inflict upon him. It is always taken by the jury as so
much evidence against him. We must depend altogether on a different
line of defence."

"What line, Mr. Wickerby?"

"Juries are always unwilling to hang,"--Madame Goesler shuddered
as the horrid word was broadly pronounced,--"and are apt to think
that simply circumstantial evidence cannot be suffered to demand
so disagreeable a duty. They are peculiarly averse to hanging a
gentleman, and will hardly be induced to hang a member of Parliament.
Then Mr. Finn is very good-looking, and has been popular,--which
is all in his favour. And we shall have such evidence o