The police believed they had established their case against Winters and all their future efforts would be directed against him. If, therefore, his conviction was to be avoided, it would most likely have to be through such analysis of facts arrayed against him as should demonstrate the possibility of another theory of murder and not by direct evidence of his innocence, for such would probably not be forthcoming.

Could I do this? Would an analysis of the facts and testimony afford the opportunity? I could but try.

My thoughts were in confusion, and I was unable for a time to direct them or to clearly define for contemplation the different elements in the case. After a while, however, as the personalities of the different witnesses faded from my mind and the vivid impression I had brought away from the scene of the court-room grew dim, I succeeded in concentrating my attention on the subject in the abstract. I now concluded to review the whole case and to determine upon what, if any, reasonable theories Winters could be innocent.

The strength of the case against him was plain. The Inspector's method of procedure had been such as to present it strongly and allow of no part being overlooked; and I recognized also that the evidence had probably all been true and that any effort to reach a different conclusion would have to be premised upon an admission of his facts and be made consistent with them. I had set myself a hard task, but its very difficulties only incited me to greater effort.

While the evidence against Winters was very strong it was not conclusive. This much I felt, and I, therefore, meant to proceed upon the theory of his innocence.

The facts were that he had been at White's house that night and that he had possession of one of the bills Van Bult had left on the table, but it did not necessarily follow from them that he had killed White. He might have taken the money, while he slept, and without disturbing him. Such an hypothesis was consistent at the same time with the facts and with Winters's innocence.

Such being the case why should he not be innocent? These two facts, his presences at the house and possession of the bill, were in reality all that had actually been proved against him, although as the evidence had been presented at the hearing, it had seemed almost conclusive of his guilt.

Having reached this conclusion it still remained necessary, in order to make his innocence a reasonable hypothesis, to demonstrate in some way that some one else had probably been there that night also; and thus make possible another theory of the murder.

There was one fact in the case that I thought did suggest—sufficiently at least for argument—the presence of a second person on the scene.

Van Bult had left four fifty-dollar bills on the table, and of these only one had been traced to Winters, and the remaining three were missing and unaccounted for. If it could be demonstrated with reasonable certainty that Winters had not taken them, it must follow that some one else had done so, and the presence of this other party would thus be established.