"1st. That Littell had testified falsely as to his movements on that night.
"2d. That he had been in the neighborhood of the scene of the crime and the place where the ulster was found, because he must have passed that way to get from Madison Square to the corner of Sixth Avenue and Eighteenth Street.
"3d. That he occupied over half an hour in covering the distance, which is but six blocks, and therefore must have delayed in some way.
"There are also many peculiar circumstances in the case all explainable on the theory of Littell's guilt:
"1st. The criminal secured admission to White's rooms, although the doors were generally locked. Littell was there that night and had opportunity to fix the catches so as to permit of the doors being opened from the outside.
"2d. If White did not leave the ulster at Belle Stanton's house the criminal did, and his object in so doing was plainly to convey the impression that White had done so, and such purpose suggests a man intimate with White and having knowledge of his personal affairs.
"3d. If White did not wear the ulster and the cap out that night the criminal did, but the cap was back in White's room in the morning. The criminal therefore must have found some opportunity of returning the cap. Littell was on the scene and by the divan where the cap was found before it was discovered the following morning.
"A strong circumstantial case was thus made out against Littell, but the necessary motive was still lacking.
"For this motive in the case of a man like Littell, it was necessary to look into White's life and actions, for the motive would not be of an ordinary kind. The evidence had disclosed the fact that White had some trouble of some kind and that another was involved in it; it had also disclosed the fact that White felt under some great obligation to his cousin Winters and the language used in the will, that he left his estate to Winters as 'the reparation of a wrong,' pointed to the disposition of his uncle's estate as the possible explanation of it all. It was extraordinary under any circumstances that a father should leave practically all of a large fortune to a nephew and cut off his only child with almost nothing. I therefore investigated the circumstances under which the will of Winters, Sr., was made. The will was witnessed by the butler and a trained nurse who was in the house at the time, and was made on the testator's death-bed. I found the butler and the nurse and from them learned the following facts:
"On the morning of his death the testator in the presence of the nurse told White he meant to leave him a bequest of ten thousand dollars and asked him to go for his lawyers, who were Dickson & Brown. White departed on the errand and returned in about an hour with Littell.