e evidence laid
before you. If, therefore, you accept the testimony of the prosecution
as true, and believe that the prisoner took the train for Buffalo, which
he has been said to do, it follows, as a physical impossibility, for him
to have been at Mrs. Clemmens' cottage, or anywhere else except on the
road to the station, at the moment when the fatal blow was dealt.

"Your Honor, this is our answer to the terrible charge which has been
made against the prisoner; it is simple, but it is effective, and upon
it, as upon a rock, we found our defence."

And with a bow, Mr. Orcutt sat down, and, it being late in the day, the
court adjourned.

XXX.

BYRD USES HIS PENCIL AGAIN.

Ay, sir, you shall find me reasonable; if it be
so, I shall do that that is reason.--MERRY WIVES
OF WINDSOR.

"BYRD, you look dazed."

"I am."

Hickory paused till they were well clear of the crowd that was pouring
from the court-room; then he said:

"Well, what do you think of this as a defence?"

"I am beginning to think it is good," was the slow, almost hesitating,
reply.

"Beginning to think?"

"Yes. At first it seemed puerile. I had such a steadfast belief in
Mansell's guilt, I could not give much credit to any argument tending to
shake me loose from my convictions. But the longer I think of it the
more vividly I remember the difficulties of the road he had to take in
his flight. I have travelled it myself, you remember, and I don't see
how he could have got over the ground in ninety minutes."

Hickory's face assumed a somewhat quizzical expression.

"Byrd," said he, "whom were you looking at during the time Mr. Orcutt
was making his speech?"

"At the speaker, of course."

"Bah!"

"Whom were _you_ looking at?"

"At the person who would be likely to give me some return for my pains."

"The prisoner?"

"No."

"Whom, then?"

"Miss Dare."

Byrd shifted uneasily to the other side of his companion.

"And what did you discover from her, Hickory?" he asked.

"Two things. First, that she knew no more than the rest of us what the
defence was going to be. Secondly, that she regarded it as a piece of
great cleverness on the part of Orcutt, but that she didn't believe in
it anymore--well, any more than I do."

"Hickory!"

"Yes, _sir_! Miss Dare is a smart woman, and a resolute one, and could
have baffled the penetration of all concerned if she had only remembered
to try. But she forg