ested an unbalanced temperament. It is a
legal axiom that men's minds are influenced by facts previously known or
believed, and we set out to investigate this case under the strong
presumption that Penreath, and none other, was the murderer.
"The evidence we found during our visit to the inn fitted in with this
theory, and inclined the police to shut out the possibility of any
alternative theory because of the number of concurrent points which
fitted in with the presumption that Penreath was the murderer. There
was, first, the fact that the murderer had entered through the window.
Penreath had been put to sleep in the room next the murdered man, in an
unoccupied part of the inn, and could easily have got from one window to
the other without being seen or heard. Next was the fact that the murder
had been committed with a knife with a round end. Penreath had used such
a knife when dining with Mr. Glenthorpe, and that knife was afterwards
missing. Next, we have him hurriedly departing from the inn soon after
daybreak, refusing to wait till his boots were cleaned, and paying his
bill with a Treasury note.
"Then came the discovery of the footprints to the pit where the body had
been thrown, and those footprints were incontestably made by Penreath's
boots. The stolen notes suggested a strong motive in the case of a man
badly in need of money, and the payment of his bill with a Treasury note
of the first issue suggested--though not very strongly--that he had
given the servant one of the stolen notes. These were the main points in
the circumstantial evidence against Penreath. The stories of the
landlord of the inn, the deaf waiter, and the servant supported that
theory in varying degrees, and afforded an additional ground for the
credibility of the belief that Penreath was the murderer. The final and
most convincing proof--Penreath's silence under the accusation--does not
come into the narrative of events at this point, because he had not been
arrested.
"It was when we visited the murdered man's bedroom that the first doubts
came to my mind as to the conclusiveness of the circumstantial evidence
against Penreath. The theory was that Penreath, after murdering Mr.
Glenthorpe, put the body on his shoulder, and carried it downstairs and
up the rise to the pit. The murderer entered through the window--the
bits of red mud adhering to the carpet prove that conclusively
enough--but if Penreath was the murderer where had he got the
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