The testimony so far had very little weight, and really told against the merchant more than it did against our young friend.
The track in the sawdust, however, which was measured, and which was found to be the same size as Fred's shoe and of the same general shape, was very good evidence, and being testified to by both Mr. Rexford and the sheriff, went far toward bringing our hero under suspicion of having committed the crime.
The merchant's lawyer grew eloquent over this point, but his spread eagle style failed to impress the quiet, thoughtful judge to any great extent.
The testimony for the prosecution now being all in, Fred was put upon the stand, and testified that he was at home the night of the fire, had been at home all the evening, and was in bed when the cry of fire was sounded.
"How long had you been in bed?" asked attorney Ham.
"About two hours, I think," answered Fred.
"Are you sure about that?"
"I can't say it was exactly two hours, but I know it was not far from nine o'clock when I retired, and it was about eleven when the alarm of fire awoke me."
"Were you asleep when the alarm was started?"
"I was."