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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