"He foresaw this trial," he said impressively; "he foresaw, gentlemen of the jury, his acquittal at your hands. He foresaw a reaction which would not only give him the woman he professes to love, but in consequence place in his hands the disposal of her considerable fortune.
"Why should he shoot John Minute? you may ask; and I reply to that question with another: What would have happened had he not shot his uncle? He would have been a ruined man. The doors of his uncle's house would have been closed to him. The legacy would have been revoked, the marriage for which he had planned so long would have been an unrealized dream.
"He knew the extent of the fortune which was coming to Miss Nuttall. Mr. Minute made two wills, in both of which he left an identical sum to his ward. The first of these, revoked by the second and containing the same provision, was witnessed by the man in the dock! He knew, too, that the Rhodesian gold mine, the shares of which were held by John Minute on the girl's behalf, was likely to prove a very rich proposition, and I suggest that the information coming to him as Mr. Minute's secretary, he deliberately suppressed that information for his own purpose.
"What had he to gain? I ask you to believe that if he is acquitted he will have achieved all that he ever hoped to achieve."
There was a little murmur in the court. Frank Merrill, leaning on the ledge of the dock, looked down at the girl in the body of the court, and their eyes met. He saw the indignation in her face and nodded with a little smile, then turned again to the counsel with that eager, half-quizzical look of interest which the girl had so often seen upon his handsome face.
"Much will be made, in the course of this trial, of the presence of another man, and the defense will endeavor to secure capital out of the fact that the man Crawley, who it was suggested was in the house for an improper purpose, has not been discovered. As to the fourth man, the driver of the motor car, there seems little doubt but that he was an accomplice of Merrill. This mysterious Rex Holland, who has been identified by Mrs. Totney, of Uckfield, spent the whole of the day wandering about Sussex, obviously having one plan in his mind, which was to arrive at Mr. Minute's house at the same time as his confederate.
"You will have the taxi-driver's evidence that when Merrill stepped down, after being driven from the station, he looked left and right, as though he were expecting somebody. The plan to some extent miscarried. The accomplice arrived ten minutes too late. On some pretext or other Merrill probably left the room. I suggest that he did not go into the dining room, but that he went out into the garden and was met by his accomplice, who handed him the weapon with which this crime was committed.
"It may be asked by the defense why the accomplice, who was presumably Rex Holland, did not himself commit the crime. I could offer two or three alternative suggestions, all of which are feasible. The deceased man was shot at close quarters, and was found in such an attitude as to suggest that he was wholly unprepared for the attack. We know that he was in some fear and that he invariably went armed; yet it is fairly certain that he made no attempt to draw his weapon, which he certainly would have done had he been suddenly confronted by an armed stranger.
"I do not pretend that I am explaining the strange relationship between Merrill and this mysterious forger. Merrill is the only man who has seen him and has given a vague and somewhat confused description of him. 'He was a man with a short, close-clipped beard' is Merrill's description. The woman who served him with tea near Uckfield describes him as a 'youngish man with a dark mustache, but otherwise clean shaven.'