nd who was with him in
that house? Who was there to observe and testify to his going forth and
his coming home? No one. He was alone in the house. On that night, of
all nights, he was alone. Not a soul was there to rouse at the creak of
a door or the tread of a shoe--to tell as whether he slept or whether he
stole forth in the dead of the night.

"Such are the facts of this case. I believe that they are not disputed,
and I assert that, taken together, they are susceptible of only one
explanation, which is that the prisoner, Alfred Draper, is the man who
murdered the deceased, Charles Hearn."

Immediately on the conclusion of this address, the witnesses were
called, and the evidence given was identical with that at the inquest.
The only new witness for the prosecution was Draper's housekeeper, and
her evidence fully bore out Mr. Bashfield's statement. The sergeant's
account of the footprints was listened to with breathless interest, and
at its conclusion the presiding magistrate--a retired solicitor, once
well known in criminal practice--put a question which interested me as
showing how clearly Thorndyke had foreseen the course of events,
recalling, as it did, his remark on the night when we were caught in the
rain.

"Did you," the magistrate asked, "take these shoes down to the beach and
compare them with the actual footprints?"

"I obtained the shoes at night," replied the sergeant, "and I took them
down to the shore at daybreak the next morning. But, unfortunately,
there had been a storm in the night, and the footprints were almost
obliterated by the wind and rain."

When the sergeant had stepped down, Mr. Bashfield announced that that
was the case for the prosecution. He then resumed his seat, turning an
inquisitive eye on Anstey and Thorndyke.

The former immediately rose and opened the case for the defence with a
brief statement.

"The learned counsel for the prosecution," said he, "has told us that
the facts now in the possession of the Court admit of but one
explanation--that of the guilt of the accused. That may or may not be;
but I shall now proceed to lay before the Court certain fresh
facts--facts, I may say, of the most singular and startling character,
which will, I think, lead to a very different conclusion. I shall say no
more, but call the witnesses forthwith, and let the evidence speak for
itself."

The first witness for the defence was Thorndyke; and as he entered the
box I observed Polton t