Waterbury evening Democrat., 1888-12-13

down the room; Eff he did not get into the cab with Whyte he must have been some where else, so he ought to set up the defense of an alihi."
 ''He can easily do that" said Madge, with ray of hope lighting up her sad face; The was here till II o'clock on Thursday night"
 "Very probably" returned her father dryly; ''but where was he at 1 o'clock on Friday mornings"
 Besides, Mir. Whyte left the house long before Brian did" she went on rapidly "You must remember-it was when you quar- reled with Mir. Whyte."
 My dear Madge," said Mir Frettlhy, stop ping in front of her with displeased look, ''you are incorrect-Whyte and myself did not quarrel He asked me if it were true that Fitzgerald was engaged to you, and l answered yes. That was all, and then he left the house"
 "Yes, and Brian didn't go until two hours after" said Madge, triumphantly. "He never saw MT. Whyte the whole night"
 ''So he says" replied Mir Frettlby, signifi- cantly.
 "I believe Brian before any one else in the world" said his daughter, hotly, with flushed cheeks and flashing eyes.
 ''AhI but will juryl" queried her father.
 "You have turned against him too," an-
  "You believe him guilty"
 ''l am not prepared either to deny or affirm his guilt" said MT. Frettlby, coldly. 'I have done what could to help him-I have en gagged Calton to defend him, and if eloquence and skill can save him, you may set your mind at rest"
 "My dear father" said Madge, throwing her arms around his neck, 'I knew you would not desert him altogether, for my saken
 "My darling" replied her father in fal- tering voice, as he kissed her, 'there is noth- ing in the world would not do for your sake"
 Meanwhile Brian was sitting in his cell in the Melbourne jail, thinking sadly enough about his position. He saw no hope of escape except one, and that he did not intend to take advantage of.
 Ut would kill her; 1t would kill her" he said feverishly as he paced to and fro over the echoing stones Better that the last of the Fitzgeralds should perish like common thief than that she should know the bitter truth. If I engage lawyer to defend me, " he went on, "the first question he will ask me will be where was on that night, and if tell him all will be discovered, and then-no mol cannot do it; it would kill her, my darling," and throwing himself down on the
 
 He was reused by the opening of the door of his cell, and on looking up saw that it was Calton who entered He was great friend of Fitzgerald's, and Brian was deeply touched by bis kindness in coming to see him. Dun can Calton had kindly heart, and was aux ious to hehp Brian, but there was also a touch of self interest in the matter. He had re ceived note from MT. Frettlby, asking him to defend Fitzgerald, which he agreed to with avidity, as he foresaw in this case an opportunity for his name becoming known throughout the Australian colonies It is true that he was already celebrated lawyer, but his reputation was purely 8 local ono, and as he foresaw that Fitzgerald's trial for murder would cause a great sensation throughout Australia and New Zealand therefore determined to take advantage of i, as another step in the ladder which led tc fame, wealth and position. So this tall, keen eyed man, with the clean shaven face and ex pressive mouth, advanced into the cell, and took Brian by the hand.
 ''It is very kind of you to come and sec me-" said Fitzgerald lit is at time like this that one appreciates friendship"
 ''Yes, of course" answered the lawyer, fix l ing his keen eyes on the others haggard face as if he would read his uttermost thoughts II came partly on my own account and | paTGly uec6uSS rTtpttpy GSh6u UO seo you LII to your defense"
 ''Mr. Frettlbyr' said Brian, in a mechani cal way. "He is very kind; thought he be lieved me guilty"
 ''No man is considered guilty until he ha. been proved so," answered Calton, evasively
 Brian noticed how guarded the answer was for he heaved an impatient sigh.
 "And Miss Frettlby" he asked, in a hesi tating manner. This time he got decided answer.
 ''She declines to believe you guilty, an, will not hear 8 word said against you"
 God bless her!' said Brian, fervently; "sh is a true woman. suppose am pretty vel canvassedq" he added, bitterly.
 Nothing else talked about, ," answered Cal ton, calmly. "Your arrest has, for the pres ent, suspended all interest in theatres, ericke matches and balls, and you are at the presen moment being discussed threadbare in club and drawing rooms"
 Fitzgerald writhed. He was singularl proud man, and there was something inez pressibly galling in this unpleasant publicity
 'But this is all idle chatter" said Caltor taking a seat. "We must get to business. o course you will accept me as your counsel"
 "It is no good my doing so," replied Briar gloomily. ''The rope is already round m neck"
 Nonsense" replied the lawyer, cheerful1y 'sthe rope is round no mans neck until he on the soaffold. Now, you need not say word, " he went on, holding up his hand a Brian was about to speak; "I am going defend you in this case whether you like or not. do not know all the facts, exceI what the papers have stated, and they exas gerate so much that one can place no relianc on them. At all events, believe from m heart that you are innocent, and you mu. walk out of the prisoners dock free man, only for the sake of that noble girl who lov' you"
 Brian did not answer, but put out his hand which the other grasped warmly. ''I will not deny," went on Calton, ''ths there is a little bit of professional curiosit about me. This case is such an extraordinar one that feel as if I were unable to let sli an opportunity of doing something with 1 I don't care for your humdrum murders wit , the poker, and all that sort of thing, but tn , is something clever, and therefore interes ing. When you are safe we will together loc } for the real criminal, and the pleasure of u } search will be proportionate to the excit ment when we find him out" , 'I agree with everything you say," sal :, Fitzgerald, calmly, "but have no defense