strike
matches as he went out?"

"No."

"Then how are you able to swear so positively as to his identity in
the dark?"

Kemp considered a moment before replying.

"Because I know him well and I was close to him," he said at length. "I
was close enough to him almost to touch him. I knew him by his walk, and
by the look of him. It was him right enough, I'll swear to that."

"I put it to you, witness," persisted Counsel, "that you could not
positively identify a man in a plantation at that time of night. Do you
still swear it was Mr. Holymead?"

"I do," replied Kemp doggedly.

"What did you do then?"

"I stayed where I was."

"What for?"

"I don't know. I didn't have any particular reason. I just stayed there
watching."

"Did you think the prisoner might return?"

"No," replied the witness quickly. "Why should I think that?"

"How long did you stay watching the house?"

"It might be a matter of ten minutes more."

"And the prisoner didn't return during that time?"

"No," replied the witness emphatically.

"What did you do after that?"

"I went to the Tube station."

"Prisoner might have returned after you left?"

"I suppose he might," replied the witness reluctantly.

"Well, now, witness, you say you stayed ten minutes after Holymead left,
and during that time Sir Horace opened the window and leaned out of it?"

"Yes."

"You saw him distinctly?"

"Yes."

"You are sure it was Sir Horace Fewbanks?"

"Yes."

"Now, witness," said Mr. Walters, suddenly changing his tone to one of
more severity than he had previously used, "you have told us that you
heard Sir Horace Fewbanks and the prisoner in the library while you stood
in the wood by the garage, and that subsequently you saw Sir Horace
leaning out of the window after the prisoner had gone. You are quite sure
you were able to see and hear all this from where you stood?"

"Yes."

"Are you aware, witness, that there is a large chestnut-tree at the side
of the library, in front of the window?"

Kemp considered for a moment.

"Yes," he said.

"And did not that tree obstruct your view of the library window?"

"No."

"Witness," said Mr. Walters solemnly, "listen to me. This tree did not
obstruct your view when you went to Riversbrook a week or so ago to
decide on the nature of the evidence you would give in this court. It is
bare of leaves now, and you could see the library window and even see
into the library from where you stood. Bu