Horace went coolly round the
house turning out the lights instead of fleeing in terror at his deed
without even waiting to collect any booty. I am sure that as reasonable
men you will reject both these alternatives as absurd. No evidence has
been produced to show that anything has been stolen from the place. It
was evidently the theory of the prosecution that the prisoner, after
shooting Sir Horace, had fled. The evidence of Hill was that he arrived
at Fanning's flat in a state of great excitement. His excitement would be
consistent with his story of having discovered the body of a murdered
man, but not consistent with the conduct of a cold-blooded calculating
murderer who had broken into the house before Sir Horace had undressed
for bed, had shot him, and had then gone round the house turning out the
lights without having any apparent object in doing so.

"Gentlemen, I think you will admit that the crime must have been
committed before dusk; before any lights were turned on. I do not ask you
to say that Hill is guilty. The responsibility of saying what man other
than the prisoner shot Sir Horace Fewbanks does not rest with you. But I
do urge you to ask yourselves whether, as between Hill and the prisoner,
the probability of guilt is not on the side of this witness who lied to
the coroner's court about his movements on the night of the murder, and
who lied to this court about the plan for the robbery of Riversbrook. I
have shown you that Hill was the master mind in planning the burglary,
and, that being so, would not Birchill have consented to the postponement
of the burglary if Hill had urged him to do so when he visited the flat
after the unexpected return of the master of Riversbrook? Is not the
evidence of the witness Fanning, that Hill urged Birchill to carry out
the burglary after Sir Horace had gone to sleep, more credible than
Hill's statement that he endeavoured to induce Birchill to abandon the
proposed crime? Knowing what you know of Hill's past as a man who will
rob his master, knowing that he attempted to deceive you with regard to
this plan of Riversbrook in order that you might play your part in his
cunning scheme, I urge you to ask yourselves whether it is not more
probable that Hill fired the shot which killed Sir Horace Fewbanks than
that the prisoner did so. Is it not extremely probable that the
unexpected return of Sir Horace upset Hill, who was giving a final look
round the house before the burglary