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ess, felt at that time and feel now that it is not the single duty of the prosecution to convict, but also, and even more importantly, its duty to see that each accused have every opportunity to prove his innocence and that there be no conviction if there be reasonable doubt of guilt. Sentiment has no place with the prosecution: charity should be dealt out with a sparing and discriminating hand, but justice should always be guarded, and above and before all, no innocent man should be convicted. Upon arriving at the Tombs we were promptly admitted, and saw the superintendent, who at my request directed that Winters be brought from his cell to the private office for our interview with him. While we waited, I confess to a feeling of some doubt and apprehension as to the result of the interview. I was inclined to think the man innocent, I hoped he was so, and the confirmation or disappointment of my hopes depended to a great extent upon his own statement of the case. Could he and would he explain the circumstances of his part in that night's tragedy consistently with his innocence, or would he establish his guilt by some palpable fabrication, or it might even be by a confession! I felt anything was possible. We were kept waiting only a short while before one of the guards conducted Winters into our presence. He showed the severe strain of his recent dissipation, and forty-eight hours of confinement: but he was sober and in the full possession of his senses, as his look of intelligent recognition when he saw me proved. His physically exhausted condition I did not altogether regret, for I felt it made it next to impossible for him to manufacture any plausible story in his defence or to successfully evade direct questions. I shook hands with him and introduced Miles in his proper capacity, and then, as he had dropped wearily into a chair, suspended my questions, intending to give him a moment to recover his strength. He anticipated me, however, by asking abruptly if I believed he had killed Arthur. I made no direct answer, but replied evasively that I had come to see him to hear what he might have to say on the subject in case he felt disposed to talk. He rested his head in his hands for a few minutes, apparently reflecting, and then said: "I did not realize my position or understand the evidence against me until I read of it all in the papers." Then raising his head and looking at me, he continued in a desponde
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