"I went to him because he was the only one I could think of at the moment, but he will not defend her himself, McKelvie. He will employ other counsel. Though I can't see that it matters much what kind of counsel we have or if we have any at all, for the prosecution has the facts while we have—mere theories," I returned gloomily.

"You're right. We have only theories and for a moment mine got a mortal blow when Orton said the study was lighted, for as near as I can figure that must have been just before Mrs. Darwin went in. Lord, if Grenville knew that fact he'd laugh in your face when you testify, as I presume you will, that the study was in darkness. Yes, and how much store would the jury set by Mrs. Darwin's account then?"

"Is that the reason you told Orton to repeat his evidence?" I asked.

"Naturally. I'm not giving my opponents any more points in their favor. The game is unequal enough as it is," he replied, drawing his brows together in an effort to reconcile the various facts in the case.

"But, Orton may give us away," I said presently. "He may become frightened when he has to testify under oath."

"He's looking out for A No. 1 and he's an adept liar, to boot. Besides, he'd say nothing to make me reveal what I know about him," retorted McKelvie, coming out of his abstraction.

"What do you know about him?" I asked curiously.

"Only that he's mixed up in some boot-legging scheme. Not much of a hold, you think? Perhaps not, where a fearless man was concerned, but Claude Orton is the greatest coward I have met in many a day. The very word police is enough to scare him out of his wits, but he isn't worth a moment's thought. I wanted to frighten him badly enough to get at the truth and it netted us nothing in the end," he added, shifting impatiently in his seat.

I laughed sardonically. "You forget. It netted us a lighted room," I remarked.

McKelvie turned toward me with a look of deep concern in his eyes. "Tell me," he said, "do you believe it was cleverness or sheer bravado that made the criminal light the study with the door unlocked? Give me your opinion."