The same witnesses as had appeared at the inquest were called: Mrs. Narby, her husband, her son, and Elspeth. No new facts were elicited, and the witnesses, with the exception of Elspeth, stated that they were certain the prisoner was guilty. Browne was examined and gave evidence as to his examination of the dead body and mentioned the probable hour of death. It was all rather dull, as everything had appeared before in the papers. Herries, seated in the dock, gazed straight before him with a calm face, and every now and then stole a glance at Elspeth to gain confidence. She was seated with clasped hands in agony, as the evidence was given. In the face of it all, how could she hope that her husband would escape.

Trent, recalled by the magistrate, explained that he had not been able to find the man who had passed through the tap-room arrayed in Sir Simon's fur coat, but mentioned that the coat itself had been discovered. The magistrate, who seemed to be an open-minded man, thought that this was a favourable sign for the prisoner, as the missing man might possible be, and very probably was, the assassin. But the lawyer who appeared for the prosecution pointed out that the razor and the empty pocket-book had been found in Herries' room. He dared the defence to explain how these came to be in the room of the prisoner.

It was at this point that Michael Gowrie was called, and then all present listened attentively, as this was the most important witness of the lot, and assuredly,--according to common report,--would be able to save the prisoner. The young lawyer who was acting for Herries asked Gowrie a few questions relative to his position, and the reason he had been at the "Marsh Inn" on the night in question. Then he asked him to tell his story. This Gowrie did in his best English and very earnestly. He knew that too much was at stake to commit himself to the Scotch dialect, which would not be half understood by those present.

Gowrie's statement, made with considerable impudence, was to the effect that Herries, on retiring to bed, was so excited by his misfortunes that it was probable he would not sleep. Sorry for the young man, Gowrie bethought himself of a small bottle of laudanum which he possessed. He considered it his duty to give Herries a dose, so that he might sleep.

"That was a dangerous thing to do," said the magistrate, rebukingly.

"It was, sir,--it was," replied the witness, "but Herries might have gone off his head had he not obtained the needful rest. I deemed it my duty as his old tutor and sincere well-wisher to drop a small quantity of the soothing drug into the whisky which I took up to him. Therefore, sir, I would point out, that as the prisoner was under the influence of the drug, he certainly could not have risen in the night to kill the deceased."

"Is there any evidence other than yours, to show that this drug was given?" asked the magistrate, looking grave.

Gowrie mentioned Pope Narby, the son of the landlady, and the woman herself. Both of these witnesses were recalled, and Pope stated that he certainly saw Gowrie drop the laudanum into the whisky,--to make the prisoner sleep as he had stated. Mrs. Narby gave evidence as to the administration of the drugged liquor, and how readily the prisoner had fallen into a deep slumber. Browne was recalled, and stated that while under the influence of such a dose of laudanum, the prisoner certainly could not have committed the crime, and then Gowrie reiterated his statement with added proofs that the drug was so administered.

Elspeth listened with joy, believing every word of her father's story. Herries believed it also, but knew perfectly well that the drug had been administered by Gowrie, not to make him sleep, since he was already weary, but to enable the old scamp to rob him. He was on the point of stating this, but thought that if he did so, Gowrie would probably deny the charge, and such an accusation would complicate matters. He therefore held his peace, and waited to see what would come of this important piece of evidence.

The magistrate consulted with another official, and Trent was recalled. The counsel for the prosecution questioned him and Gowrie and the Narbys minutely, but after all, in the end, there was no doubt in the minds of anyone that the laudanum had been so administered, and that Herries, under the soporific influence, could not have left his bed to commit the crime. After some delay, the magistrate therefore did what he was forced to do--he acquitted Herries, who left the court a free man, much to the joy of Elspeth. When the late prisoner appeared outside the court, the news of his acquittal and the reason of it had already preceded him, and he was welcomed by the large crowd with great joy. With his wife Herries hurried to a cab, intending to drive to Browne's house, and many a hand was stretched out to greet him. Undoubtedly everyone was pleased that the young man had been proved guiltless, and Elspeth, with the tears streaming down her face, could do nothing but gaze into the eyes of her husband, who was thus at large again.