wn between
dances, from the Opera Ball, to the hotel bar, to get a glass of
seltzer. They had no sooner entered the bar than the prisoner, who had
evidently been drinking heavily and showed all the signs of
intoxication, had picked a quarrel with them and assaulted Mr.
Fetters. Fetters, with the aid of the witness, had defended himself.
In the course of the altercation, the prisoner had used violent and
profane language, threatening, among other things, to kill Fetters.
All this testimony was objected to, but was admitted as tending to
show a motive for the crime. This closed the State's case.

Caxton held a hurried consultation with his client. Should they put in
any evidence, which would be merely to show their hand, since the
prisoner would in any event undoubtedly be bound over? Ben was unable
to deny what had taken place at the hotel, for he had no distinct
recollection of it--merely a blurred impression, like the memory of a
bad dream. He could not swear that he had not threatened Fetters. The
State's witnesses had refrained from mentioning the lady's name; he
could do no less. So far as the shooting was concerned, he had had no
weapon with which to shoot. His gun had been stolen that very day, and
had not been recovered.

"The defense will offer no testimony," declared Caxton, at the result
of the conference.

The justice held the prisoner to the grand jury, and fixed the bond at
ten thousand dollars. Graciella's information had not been without its
effect, and when Caxton suggested that he could still secure bail, he
had little difficulty in inducing Ben to accept Colonel French's
friendly offices. The bail bond was made out and signed, and the
prisoner released.

Caxton took Ben to his office after the hearing. There Ben met the
colonel, thanked him for his aid and friendship, and apologised for
his former rudeness.

"I was in a bad way, sir," he said, "and hardly knew what I was doing.
But I know I didn't shoot Bark Fetters, and never thought of such a
thing."

"I'm sure you didn't, my boy," said the colonel, laying his hand, in
familiar fashion, upon the young fellow's shoulder, "and we'll prove
it before we quit. There are some ladies who believe the same thing,
and would like to hear you say it."

"Thank you, sir," said Ben. "I should like to tell them, but I
shouldn't want to enter their house until I am cleared of this charge.
I think too much of them to expose them to any remarks about
harbour