“I did not,” Mitchell stroked his chin thoughtfully. “I don’t believe it could have been carried off if Mr. Patterson dropped it when he fell, because Dr. McLane stationed firemen at either end of the hall with instructions to let no one pass until the police arrived. If the miniature was in the hall either he or I would have found it. These two firemen are just outside.”
“Wait,” as the detective rose—“Did you examine any of the bullets and brass shells which were exploded by the fire?”
“I did, sir; they were all thirty-eight caliber, and for use in a rifle.”
“You found none of thirty-two caliber?”
“None, sir.”
“That is all.” Penfield closed his memorandum book with a snap, and directed the attendance of the first fireman, who testified that no one had been permitted in the hall in the neighborhood of Patterson’s body until it had been removed. He stated that even from the doorway of the den it had been impossible to see to the end of the back hall. His mate testified to the same effect, but on Penfield’s persistent questioning, admitted that he had seen a Japanese, but whether it was down in the front hall, or upstairs near the burning room he could not recollect.
On the dismissal of the last witness Coroner Penfield arose and addressed the jury.
“Evidence goes to prove that James Patterson was killed by a bullet fired from a thirty-two caliber revolver,” he said. “Evidence also goes to prove that all bullets discharged from the cartridges ignited by the fire were of thirty-eight caliber and for use in rifles. A reliable witness has told you of the presence in the Ogden residence of a Japanese, Yoshida Ito, a fugitive from justice, already charged with murder.
“These are the facts,” Penfield paused, then resumed. “But in considering the evidence you must bear in mind that it is within possibility that a thirty-two caliber revolver cartridge was accidentally packed in the box of thirty-eight caliber rifle cartridges.
“It is for you, gentlemen of the jury, to decide if James Patterson was killed by the accidental discharge of a box of thirty-eight caliber rifle cartridges, which might have contained one thirty-two caliber revolver cartridge, or whether he was shot by a Japanese burglar carrying a thirty-two caliber revolver with murderous intent.”