ich he is charged."

Sir Hector sat down, and the jury, who had listened to his speech with
solid attention, gazed expectantly at the judge, as though they should
say: "Now, which of these two are we to believe?"

The judge turned over his notes with an air of quiet composure, writing
down a word here and there as he compared the various points in the
evidence. Then he turned to the jury with a manner at once persuasive
and confidential--

"It is not necessary, gentlemen," he commenced, "for me to occupy your
time with an exhaustive analysis of the evidence. That evidence you
yourselves have heard, and it has been given, for the most part, with
admirable clearness. Moreover, the learned counsel for the defence has
collated and compared that evidence so lucidly, and, I may say, so
impartially, that a detailed repetition on my part would be
superfluous. I shall therefore confine myself to a few comments which
may help you in the consideration of your verdict.

"I need hardly point out to you that the reference made by the learned
counsel for the prosecution to far-fetched scientific theories is
somewhat misleading. The only evidence of a theoretical character was
that of the finger-print experts. The evidence of Dr. Rowe and of Dr.
Thorndyke dealt exclusively with matters of fact. Such inferences as
were drawn by them were accompanied by statements of the facts which
yielded such inferences.

"Now, an examination of the evidence which you have heard shows, as the
learned counsel for the defence has justly observed, that the entire
case resolves itself into a single question, which is this: 'Was the
thumb-print that was found in Mr. Hornby's safe made by the thumb of the
prisoner, or was it not?' If that thumb-print was made by the prisoner's
thumb, then the prisoner must, at least, have been present when the safe
was unlawfully opened. If that thumb-print was not made by the
prisoner's thumb, there is nothing to connect him with the crime. The
question is one of fact upon which it will be your duty to decide; and I
must remind you, gentlemen, that you are the sole judges of the facts of
the case, and that you are to consider any remarks of mine as merely
suggestions which you are to entertain or to disregard according to your
judgement.

"Now let us consider this question by the light of the evidence. This
thumb-print was either made by the prisoner or it was not. What evidence
has been brought forward to show that