and having done this he left the three together,
taking care to close and lock the door behind him.

Chair or stool in the room there was none, and the only seat, except the
floor, which the place afforded was the edge of a small wooden bedstead
or trough, as it might be called, scantily furnished with straw.

Both Mr. Shanks and John Ayliffe shook hands with the felon, whose face,
though somewhat flushed with drinking, bore traces of deeper and sterner
feelings than he chose to show. He seemed glad to see them, however, and
said it was very kind of them to come, adding with an inquiring look at
Mr. Shanks, "I can't pay you, you know, Master lawyer; for what between
my garnish and lush, I shall have just enough to keep me till the
'sizes; I shan't need much after that I fancy."

"Pooh, pooh," cried the attorney, "don't be downhearted, Tom, and as to
pay, never mind that. John here will pay all that's needful, and we'll
have down counsellor Twistem to work the witnesses. We can't make out an
_alibi_, for the folks saw you, but we'll get you up a character, if
money can make a reputation, and I never knew the time in England when
it could not. We have come to consult with you at once as to what's the
best defence to be made, that we may have the story all pat and right
from the beginning, and no shifting and turning afterwards."

"I wish I hadn't killed the man," said Tom Cutter, gloomily; "I shan't
forget his face in a hurry as he fell over and cried out 'Oh, my
poor--!' but the last word choked him. He couldn't get it out; but I
fancy he was thinking of his wife--or maybe his children. But what could
I do? He gave me a sight of bad names, and swore he would peach about
what I wanted him to do. He called me a villain, and a scoundrel, and a
cheat, and a great deal more besides, till my blood got up, and having
got the stick by the small end, I hit him with the knob on the temple. I
didn't know I hit so hard; but I was in a rage."

"That's just what I thought--just what I thought," said Mr. Shanks. "You
struck him without premeditation in a fit of passion. Now if we can make
out that he provoked you beyond bearing--"

"That he did," said Tom Cutter.

"That's what I say," continued Mr. Shanks, "if we can make out that he
provoked you beyond bearing while you were doing nothing unlawful and
wrong, that isn't murder, Tom."

"Hum," said Tom Cutter, "but how will you get that up, Mr. Shanks? I've
a notion that what I