he night of the 18th of
August had walked down Tanton Gardens in the belief that he was taking a
short cut. The time was about 11.20. He saw a man running towards him
along the footpath from the direction of Riversbrook. He caught a good
glimpse of the man, who seemed to be very excited. He was sure the
prisoner was the man he had seen. In cross-examination by Mr. Holymead he
was far less positive in his identification of the prisoner, and finally
admitted that the man he saw that night might be somebody else who
resembled the prisoner in build.

CHAPTER XVIII

The second day of the trial began promptly when Mr. Justice Hodson took
his seat. Mr. Holymead's opening statement to the jury was brief. He
reminded them that the life of a fellow creature rested on their verdict.
If there was any doubt in their minds whether the prisoner had fired the
shot which killed Sir Horace Fewbanks the prisoner was entitled to a
verdict of "not guilty." It was obligatory on the prosecution to prove
guilt beyond all reasonable doubt.

He submitted that the prosecution had not established their case. After
hearing the case for the prosecution the jury must have grave doubts as
to the guilt of the prisoner, and it was his duty as Counsel for the
prisoner to put before the jury facts which would not only increase their
doubts but bring them to the positive conclusion that the prisoner was
not guilty. He was not going to attempt to deny that the prisoner went to
Riversbrook on the night of the murder. He went there to commit a
burglary. But so far from Hill being terrorised into complicity in that
crime it was he who had first suggested it to Birchill and had arranged
it. Material evidence on that point would be submitted to the jury.

Hill was a man who was incapable of gratitude. His disposition was to
bite the hand that fed him. After being well treated by Sir Horace
Fewbanks he had made up his mind to rob him as he had robbed his former
master Lord Melhurst. He knew that Sir Horace had quarrelled with this
girl Fanning because of her association with Birchill, and he went to
Birchill and put before him a proposal to rob Riversbrook. Birchill
consented to the plan, and when on the night of the 18th August he
broke into the house he found the murdered body of Sir Horace in the
library. That was the full extent of the prisoner's connection with
the crime. To the superficial and suspicious mind it might seem an
improbable story, b