The case finally went to the jury, and a verdict of guilty was reluctantly rendered in accordance with the facts.
The District Attorney moved for sentence, and Frank was directed to take his place before the bar, when a commotion occurred at the door of the court-room.
Some one was evidently trying to force his way through the crowd.
For a moment all was confusion, and the judge rapped savagely for order.
All this time a young man was making the best of his way towards the bench. It was Tom Wetherby. Without looking to the right or left he kept his eye fixed upon the judge, and raised his hand in token of a desire to be heard.
Judge Dalton, recognizing that something of import must be responsible for this unprecedented proceeding, calmly awaited Tom's approach.
At length he reached Wentworth's side before the bar, and speaking earnestly, said: "I believe, your honor, I have in my possession evidence which will clearly establish the innocence of the prisoner. I have travelled all the way from New York to bring it to you, and reached Whitonville less than half an hour ago. If you will let me give the evidence to the prisoner's counsel before you take further action, I think you will be satisfied with the truth of my statement."
The required permission was given, and every eye in the room was fixed on Tom while he hurriedly told his story to the lawyer and produced his negative and print.
A consultation followed between Frank's lawyer, the District Attorney, and Judge Dalton.
Presently the judge turned to the jury and said, "In view of the fact that new evidence of importance has been presented to me, the District Attorney recommends the reopening of the case; I therefore set aside the verdict rendered, and ask your further consideration of the matter."