They said that at times he got out of spirits, and was in the habit of withdrawing himself from their society, and that on these occasions he not infrequently went for long rides, and was absent many hours; he was, perhaps, what might be called a little queer, but certainly not in the slightest degree mad. Old servants of the family and many neighbours gave testimony to the same effect, and Dr. Arrowsmith testified that he had attended him from childhood, and that he had never seen any signs of insanity in his words or actions.

Ruth had escaped the one question which she dreaded, whether she had seen anything in the room that would afford a clue to the discovery of the perpetrator of the crime. She had thought this question over a hundred times, and she had pondered over the answer she should give. She was firmly resolved not to tell an actual lie, but either to evade the question by replying that when she recovered her senses she made straight to the door without looking round; or, if forced to reply directly, to refuse to answer, whatever the consequences might be. It was then with a sigh of deep relief that she left the witness-box, and took up her station at the point to which the policeman made way for her. As she did so, however, he whispered:

"I think you had better go out, my girl. I don't think this is a fit place for you. You look like to drop now;" but she shook her head silently, and took up her station in the corner, grasping in one hand something done up in many folds of paper in her pocket.

The same question had been asked other witnesses by the counsel for the defence, and he had made a considerable point of the fact that the constable and Dr. Arrowsmith both testified that the candles were standing one on each side of the looking-glass, and although the room had been carefully searched, no half-burnt match had been discovered. In his address for the defence he had animadverted strongly upon this point.

"It was a dark night, gentlemen. A dark night in November. You will remember we had the evidence that whoever committed this murder must have moved about the room noiselessly; the evidence shows that the murderer drew down the clothes so gently and softly that he did not awaken the sleeper. Now, as intelligent men, you cannot but agree with me that no man could have made his way about this absolutely dark room with its tables and its furniture, and carried out this murder in the way stated, without making some noise; it would be an utter impossibility. What is the conclusion? He was either provided with a light, or he was forced to strike a match and light a candle.

"In the latter case he must have been provided with silent matches, or the noise would have awakened the sleeper. Of one thing you may be sure, Captain Mervyn had not provided himself with silent matches; but even had not the sound of an ordinary match being struck awakened the sleeper, surely the sudden light would have done so. I ask you from your own experience whether, however soundly you might be sleeping, the effect of a candle being lit in your room would not awaken you; therefore I think it safe to assume that in the first place, because no match was found, and in the second place, because had a candle been lit it would assuredly have awakened the sleeper, and we know that she was not awakened, that no candle was lighted in the room.

"How then did the assassin manage after entering the room to avoid the dressing-table, the chairs, and other furniture, and to see to manipulate the bedclothes so gently that the sleeper was not awakened? Why, gentlemen, by means of the implement carried by every professional burglar, I mean, of course, a dark lantern. Opening the shade slightly, and carefully abstaining from throwing the light towards the bed, the burglar would make his way towards it, showing sufficient light to carry out his diabolical purpose, and then opening it freely to examine the room, open the trinket-box, and carry away the valuables.

"The counsel for the prosecution, gentlemen, has not even ventured to suggest that the prisoner, Captain Mervyn, was possessed of such an article. His course has been traced through every village that he rode, up to ten o'clock at night, by which time every shop had long been closed, and had he stopped anywhere to buy such an article we should surely have heard of it. Therefore, gentlemen, I maintain that even if this fact stood alone, it ought to convince you of the innocence of the prisoner.

"In his reply, the counsel for the prosecution had admitted that some weight must be attached to this point, but that it was quite possible that whoever entered the window might have felt on the table until he found a candlestick, and lit it, stooping down behind the table, or at the bottom of the bed, and so shading it with his coat that its light would not fall on the face of the sleeper. As for the point made that no match had been found, no great weight could be attached to it; the prisoner might have put it in his pocket or thrown it out of the window."

When the defence was concluded, and the counsel for the prosecution rose to speak, the feeling in the court was still against the prisoner.