for you to take up any new lines of investigation. We will devote
ourselves to thoroughly digesting and mastering the facts we have so
that we may make the most of them at the trial."

I assented, and with my arm locked in his we walked the rest of our way
engaged in earnest discussion of the defence.

CHAPTER X

THE TRIAL

It was the morning of the day of the trial and I sat at my desk getting
through some routine duties in an entirely perfunctory way prior to
attending the opening of the court.

It had been determined that I was not to participate in the conduct of
the case in any way: indeed, there was little alternative left the
District Attorney in the matter after I had explained to him the course
I had been pursuing and my views on the subject.

He had not appeared much surprised by my disclosures and was probably
not unprepared for them, but he questioned me as to my opinions and I
thought seemed not unimpressed. In any event he acquiesced in my request
to be excused from participation and even added the assurance that
Winters should have every opportunity of defence.

At this moment, however, I did not feel confident. Look at the facts as
I would, they presented very little to encourage. Nothing had changed
since Littell and I had paid our visit to the Tombs. Nothing new had
been discovered: indeed we had made little attempt in that direction,
recognizing the almost certain futility of any effort in the limited
time available, and in the meanwhile public opinion and the expression
of the press had been crystallizing into an abiding conviction of the
prisoner's guilt.

I could not criticise the sentiment, for I recognized the strength of
the State's case: and when I reviewed it, as I had done over and over
again, it seemed all but conclusive even to me. The defence had
absolutely nothing to present against an array of hard facts, but some
ill-supported theories.

It was a quarter to ten o'clock, and I put away the work I had been
affecting to attend to, and took my way to the court-house.

Only my official position gained me admission to the scene, and as it
was, an officer had to make a passage for me through the crowd that had
collected in and about the building.

The Judge had not yet taken his place upon the bench, but the lawyers,
clerks, bailiffs, and reporters were in their accustomed places within
the rail which held back from the sacred precinct a throng of spectators
so dense that