ce?"

"Through backing the wrong horse," was Crozier's instant reply.

"That phrase is often applied to mining or other unreal flights for
fortune," said the judge, with a dry smile.

"This was a real horse on a real flight to the winning-post," added
Crozier, with a quirk at the corner of his mouth.

"Honest contest with man or horse is no crime, but it is tragedy to
stake all on the contest and lose," was the judge's grave and pedagogic
comment. "We shall now hear from the counsel for defence his reason for
conducting his cross-examination on such unusual lines. Latitude of this
kind is only permissible if it opens up any weakness in the case against
the prisoner."

The judge thus did Burlingame a good turn as well as Crozier, by
creating an atmosphere of gravity, even of tragedy, in which Burlingame
could make his speech in defence of the prisoner.

Burlingame started hesitatingly, got into his stride, assembled the
points of his defence with the skill of which he really was capable. He
made a strong appeal for acquittal, but if not acquittal, then a verdict
of manslaughter. He showed that the only real evidence which could
convict his man of murder was that of the witness Crozier. If he had
been content to discredit evidence of the witness by an adroit but
guarded misuse of the facts he had brought out regarding Crozier's past,
to emphasise the fact that he was living under an assumed name and that
his bona fides was doubtful, he might have impressed the jury to some
slight degree. He could not, however, control the malice he felt, and he
was smarting from Crozier's retorts. He had a vanity easily lacerated,
and he was now too savage to abate the ferocity of his forensic attack.
He sat down, however, with a sure sense of failure. Every orator
knows when he is beating the air, even when his audience is quiet and
apparently attentive.

The crown attorney was a man of the serenest method and of cold,
unforensic logic. He had a deadly precision of speech, a very remarkable
memory, and a great power of organising and assembling his facts. There
was little left of Burlingame's appeal when he sat down. He declared
that to discredit Crozier's evidence because he chose to use another
name than his own, because he was parted from his wife, because he left
England practically penniless to earn an honest living--no one had
shown it was not--was the last resort of legal desperation. It was
an indefensible thing to endeav