The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-01-10

That may all be true" I said slow
~, after a moment, but IT would be
worse than folly to use that argument
with q jury. TO say that a man isn't
guilty because the evidence against
him appears to be conclusive-'
We're not going to use it to a jury;
We're using it between ourselves. In
the effort to find a working hypothesis.
And here's another argument which
would carry no weight with a jury, yet
sive: know Jack Drysdale; I've
known him for a long time, and I
know that it's utterly impossible that
he should have committed such Il crime.
Hes not a very original fellow; not
at all a genius; he's never don any
would think really worth doing; but
he's kind, and honest, and gentle, and
honorable. 1 repeat tha q crime like
this is as far beyond his horizon as it
is beyond yours-farther, I'm sure. han
1t Is beyond mine; and yet, / don't be-
what the evidence against me seemed
to be-"
II shouldn't" 1 said :"but IL Drys-
dale isn't guilty, who is?"
IF Drysdale isn't, there's only one
other person who can be-that's Ire
guilty, I'm correspondence sure that
Tremaine is"
But then" l objected, you've Just
said that there's no evidence against
him"
IT said apparently there wasn't"
And Delroy a he didn't leave the
house"
"Deiroy must be mistaken-must be,
mind you! And While there isn't any
direct evidence, there's some pretty
good Indirect. We now that Ire
maine is a criminal and. therefore,
capable of this crime; we suspect that
he needs money. n the necklace
would place him out OF need for a Ions
time to come; we know that he was
within reach OF the spot where the
murder was committed. if he could get
away from Delroy for an hour or so.
In other words. we have a motive and
the physical possibility OF guilt.
may add that l think we shall find he
had some reason to injure Drysdale-
I'm sure we shall, in fact"
But the ~hutton-the pistol-Drys-
dale'S unexplained absance?"
Those points can only be cleared up
by q personal investigation OF the
premises. That's why We're going to
Edgemere."
Godfrey" 1 said. there seems to
me to be one great objection TO your
theory that Tremaine killed Thompson.
If Miss Croydon saw him do it, would
she consent to associate with him?
Wouldn't her very knowledge of his
crime give her q greater hold on him
than he has on her sister,"
he paused to urn this over.
Yes" he admitted at last; at
would; but q woman might not think
of that"
"a desperate woman would think of
everything" l said; and if your theory
Is right. both she and her sister must
be very Desperate"
He nodded without answering. and
sat staring before him, his brows
knitted in perplexity.
There was one conclusive objection
l might have urged, had l known of it
-.out was not yet possessed of the
was the of Mrs. Delroy, how
could he propose marriage to her sis
Ter! That was n rock. as yet unseen
by US, which doomed ahead-which we
could not avoid-upon which GU: the
DRY must inevitably be dashed to
pieces.
The train flashed past two or three
big hotels, then the brakes We're an
piled. y
Here's Babylon" said Godfrey, rous-
ing himself from the profound reverie
into which my question had thrown
him. Wen look in upon the prisoner.
first, and cheer him up a BIT"
The Jail was only a short distance
from the station. and a five minutes
walk brought us to it.
We're here in behal Of Mr.. Drys-
dale" Godfrey explained to the iaiIer.
This is Mr.. Lester. Of Graham e.
Royce, of New York. who have been
retained to defend him. l suppose we
may see him?" W
IN take in your cards." he said, aft
er looking as over. If MIR. Drysdale
wants to see you, it's all rirhi mr.
you'll be the first ones"
He disappeared into an inner room:
we heard the rattling OF keys and the
changing OF an iron door. He was back
again in a oment
Step this way, gentlemen he said.
Drysdale was sitting on the bunk in
his little cell. He came forward with
hand outstretched as soon as he saw
Godfrey. @"
This is mighty kind OF you, lin"
he said.
broke in the Jailer. How soon must
I come fer you?"
Godfrey. looking at his watch h4sG Then
he turned back to us as the tailer,s
steps died away down the corridor.
Graham & Royce. who've been retained
to look after you case"
MY case? Who retained them?'
Il did. I scarcely supposed you were
going to let yourself be convicted with
out lifting a finger"
OlllCIlJ.
They won't convict me. lust the
same. Pm glad to see you. Mr.. Lester"
and he held out his hand. II shall, Of
course, need some legal advice"
I'm glad you admit that much!" re-
torted Godfrey. with sarcasm. II I'M
derstand that you aven't condescended
as yet to prove an alibi?"
No" answered the prisoner quietly.
THE fact is. ] can't prove an alibi."
You can't?" and Godfrey's face
paled i little.
mo, when I left the house that night.
I went down to the pier and had a lit.
tie talk with Graham: then II wan
dered around the grounds until the
storm came up, when I went back to
the house and up to my room. No
body saw me; I spoke to nobody after
I left Graham. until 1 returned to the
house. There's only my own word for
it. What was the use Of telling the
police a story like that?"
mo use at ALL" agreed Godfrey
hastily. I'm glad you didn't tell it.
But what on earth possessed you to
behave in such a crazy fashion ."