He identified the torn letter which had been shown to Benton and Miss Stanton and told of its discovery in White's rooms. It being admitted that it was in the handwriting of White, it was put formally in evidence at the request of the defence, and was then submitted to the jurors among whom it was passed from hand to hand with evident interest.
Littell, upon cross-examination, brought out the fact that the apparel, including the shoes, worn by White on the night of his death showed no evidence of exposure to the weather, and following it up by adroitly put questions as to the condition of his overshoes and umbrella, suggested the improbability of his having been out that night, and prepared the way for his theory that it had been some one else whom the officer had seen clad in the cap and ulster.
Littell knew that he had a favorably disposed witness in Miles and made the most of the opportunity, but there was so little that the detective knew of his own knowledge that it was not of great advantage.
Upon the conclusion of his evidence, the prosecution closed its testimony, and it being then late in the afternoon, the Judge, after consultation with the lawyers, adjourned court till the following day.
After the adjournment I had opportunity to hear expressions of opinion from various members of the bar who had been spectators at the trial and who like myself lingered on the scene for awhile, and I found that while they all agreed that the prosecution had made out its case, there still existed a strong feeling of curiosity regarding the line of defence to be pursued.
It was plain an alibi was out of the question, for while Winters's identification by the night-officer was not fully positive, the subsequent possession by him, on the night of the murder, of one of the missing bills confirmed its correctness beyond any possibility of reasonable dispute.
It was the unanimous opinion, however, that some plausible explanation of his possession of that bill must be forthcoming if the defence entertained any hope of an acquittal, and there were many conjectures as to what the explanation was to be. I could not but be entertained, in spite of my perturbed state of mind, by the unconscious assumption on the part of all who joined in the discussion that the explanation when it should be forthcoming, would evidence in its ingenuity the cleverness of the defence.
So confident was the general opinion of the prisoner's guilt, that it was not even suggested there might be a true explanation available, nor did it seem to occur to any one of them that Littell, with the high professional reputation he possessed, might be unwilling to endorse by his advocacy any other sort. Having accepted the case, they assumed apparently that he would make the most of it, whatever its character or merit might be.
This mental attitude of prejudgment was calculated to work injustice to the defence, because, as I knew, Littell believed in the innocence of his client, and his evidence and his arguments would be conscientiously presented and would represent his convictions and should therefore be received with some measure of credence and respect. To anticipate in them but subterfuge and chicanery was eminently unfair and I felt disposed to take issue then and there with my brother lawyers; but when I reflected that after all it would be the jurors who would decide the case and not those about me I restrained my impulse and went my way in silence.