It seemed scarcely possible to hope that Herbert was not guilty. All the facts tended to the assumption that he was so. There was the ill-feeling known to have existed between himself and his brother: the quarrel and violence in the dining-room not many hours before, in which quarrel Herbert had raised a knife upon him. "But for the entrance of the servant Joseph," said the people, one to another, "the murder might have been done then." Joseph had stopped evil consequences at the time, but he had not stopped Herbert's mouth—the threat he had uttered in his passion—still to be revenged. Terribly those words told now against Herbert Dare.

Another thing that told against him, and in a most forcible manner, was the cloak. That he had put it on to go out; nay, had been seen to go out in it by the housemaid, was indisputable; and his brother was found lying on this very cloak. In vain Herbert protested, when before the magistrates and at the coroner's inquest, that he returned before leaving the gates, and had flung this cloak into the dining-room, finding it too hot that evening to wear. He obtained no credit. He had not been seen to do this; and the word of an accused man goes for little. All ominous, these things—all telling against him, but nothing, taking them collectively, as compared with his refusal to state where he was that night. He left the house between eight and nine, close upon nine, he thought; he was not sure of the exact time to a quarter of an hour; and he never returned to it until nearly two. Such was his account. But, where he had been in the interim, he positively refused to state.

It was only his assertion, you see, against the broad basis of suspicion. Anthony Dare's death must have taken place, as testified by Mr. Glenn, somewhere about half-past eleven; who was to prove that Herbert at that time was not at home? "I was not," Herbert reiterated, when before the coroner. "I did not return home till between half-past one and two. The churches struck the half-hour as I was coming through the town, and it would take me afterwards some ten minutes to reach home. It must have been about twenty minutes to two when I entered."

"But where were you? Where had you been? Where did you come from?" he was asked.

"That I cannot state," he replied. "I was out upon a little business of my own; business that concerns no one but myself; and I decline to make it public."

On that score nothing more could be obtained from him. The coroner drew his own conclusions; the jury drew theirs; the police had already drawn theirs, and very positive ones.

These were the two facts that excited the ire of Sergeant Delves and his official colleagues: with all their searching, they could find no weapon likely to have been the one used; and they could not discover where Herbert Dare had gone to that evening. It happened that no one remembered to have seen him passing in the town, early or late; or, if they had seen him, it had made no impression on their memory. The appearance of Mr. Dare's sons was so common an occurrence that no especial note was likely to have been taken of it. Herbert declared that in passing through West Street, Turtle, the auctioneer, was leaning out at his open bedroom window, and that he, Herbert, had called out to him, and asked whether he was star-gazing. Mr. Turtle, when applied to, could not corroborate this. He believed that he had been looking out at his window that night; he believed that it might have been about the hour named, getting on for two, for he was late going to bed, having been to a supper party; but he had no recollection whatever of seeing Mr. Herbert pass, or of having been spoken to by him, or by any one else. When pressed upon the point, Mr. Turtle acknowledged that his intellects might not have been in the clearest state of perception, the supper party having been a jovial one.

One of the jury remarked that it was very singular the prisoner could go through the dining-room, and not observe his brother lying in it. The prisoner replied that it was not singular at all. The room was in darkness, and he had felt his way through it on the opposite side of the table to that where his brother was afterwards found. He had gone straight through, and up to his chamber, as quietly as possible, not to disturb the house; and he dropped asleep as soon as he was in bed.

The verdict returned was "Wilful murder against Herbert Dare," and he was committed to the county gaol to take his trial at the assizes. Mr. Dare's house was beyond the precincts of the city. Sergeant Delves and his men renewed their inquiries; but they could discover no trace, either of the weapon, or of where Herbert Dare had passed the suspicious hours. The sergeant was vexed; but he would not allow that he was beaten. "Only give us time," said he, with a characteristic nod. "The Pyramids of Egypt were only built up stone by stone."

Tuesday morning—the morning fixed for the funeral of Anthony Dare. The curious portion of Helstonleigh wended its way up to the churchyard; as it is the delight of the curious portion of a town to do. What a sad sight it was! That dark object, covered by its pall, carried by its attendants, followed by the mourners; Mr. Dare, and his sons Cyril and George. He, the father, bent his face in his handkerchief, as he walked behind the coffin to the grave. Many a man in Helstonleigh enjoyed a higher share of esteem and respect than did Lawyer Dare; but not one present in that crowded churchyard that did not feel for him in his bitter grief. Not one, let us hope, that did not feel to his heart's core the fate of the unhappy Anthony, now, for weal or for woe, to answer before his Maker for his life on earth.