handkerchief,
which Joel had not been able to resist the temptation to steal, and the
splinter of light-wood in his pocket, which fitted exactly into that
found in the house, together with other circumstances, proved his guilt
conclusively. But although there was an equal moral certainty of the
guilt of the young man, it was not so easy to establish it by law.

"Old Dick Winchester was found dead one morning and the alibi was almost
completely proved, and only failed by the incredibility of the witnesses
for the defence. Old Joel persistently declared that Absalom was
innocent, and but for a confession by Absalom of certain facts intended
to shift the suspicion from himself to his father, I do not know how his
case might have turned out.

"I believed him to be the instigator as well as the perpetrator of the
crime.

"I threw myself into the contest, and prosecuted with all the vigor I
was capable of. And I finally secured the conviction of both men. But
it was after a hard fight. They were the only instances in which,
representing the Commonwealth, I was ever conscious of strong personal
feeling, and of a sense of personal triumph. The memory of my last ride
with Hal-loway, and of the things he had said to me; the circumstances
under which he and his wife were killed; the knowledge that in some sort
it was on my account; and the bitter attacks made on me personally;(for
in some quarters I was depicted as a bloodthirsty ruffian, and it
was charged that I was for political reasons prosecuting men whom I
personally knew to be innocent), all combined to spur me to my utmost
effort. And when the verdicts were rendered, I was conscious of a sense
of personal triumph so fierce as to shock me.

"Not that I did not absolutely believe in the guilt of both prisoners;
for I considered that I had demonstrated it, and so did the jurors who
tried them.

"The day of execution was set. An appeal was at once taken in both cases
and a stay was granted, and I had to sustain the verdicts in the upper
court. The fact that the evidence was entirely circumstantial had
aroused great interest, and every lawyer in the State had his theory.
The upper court affirmed in both cases and appeals were taken to the
highest court, and again stay of execution was granted.

"The prisoners' counsel had moved to have the prisoners transferred to
another county, which I opposed. I was sure that the people of my county
would observe the law. They had re