He glanced at his wife's shocked face, and added hastily, "To sum up the case against Nancy: let us grant that the prosecution has established a motive for the murder. Now, they have proved, mind you, proved: first, that Captain Lloyd's talk with Symonds in the hall could have been overheard, and that no one but Nancy could have understood to whom that conversation referred as no names were mentioned; secondly, that Nancy was in the boarding-house at that time on the floor above; thirdly, that later she was seen coming from the back hall, which Captain Lloyd's bedroom door opens into; fourth, that Captain Lloyd's door was not locked; fifth, that Nancy had her dog with her; sixth, that that dog was in the room at the very time Captain Lloyd was probably killed. Nancy gave Mrs. Lewis a plausible excuse for her presence in that hall when she said she had gone down stairs to look for Misery, but I doubt if I can prove her statement. I have already seen the cook, Aunt Dinah, and questioned her as to whether the dog or Nancy were in the kitchen that afternoon, and the only response I could get from her was that she 'disremembered'."
"It is all circumstantial evidence," protested Mrs. Warren.
"Aye, my dear; only circumstantial evidence—but strong enough to convict her. I have not one witness who can refute this testimony."
"Why not let Nancy testify in her own behalf?"
"Nancy can testify in her own behalf and make a statement, but the evidence and statement will not be recorded. Besides, what weight will her unsupported word carry against a dozen witnesses?" asked Warren, bitterly.
"The coroner testified that Captain Lloyd might have died from heart failure. Perhaps Nancy entered the room just to steal the paper and found the captain already dead, and she dare not confess that she was in his room fearing they would not believe she had not killed him," argued Mrs. Warren, hopefully.
"My dear, if she made such an admission the court would lose no time worrying as to whether she killed Lloyd or not. They would instantly convict her for being a rebel spy, and she would hang," returned Warren, grimly.
"Why?" blankly.
"Because if she admits stealing that paper, it is proof positive that Captain Lloyd's charges are true."
"Scylla and Charybdis!" ejaculated Mrs. Warren. "But you forget, Tom, that Lee has surrendered."