Year: 1879

no was sober when he parted from
Jacob Moss. Then had followed Inc
query, was David Birch At enmlty
with any ooe 7 At this point In the
judicial investigation, Tom Bartlett
nut In deposition 10 the elect thal
no had witnessed quarrel between
the old man aud his nephew day
before the deceased hal taken his
fatal Journey, lIo detailed what lie
remembered Of the scene between
them Low no (rom liaulletD had
been apprchcnsIye Of violence on The
part Of the young man. who haa 'o'o
his uncle "lhat before hc was many
days older he would bo sorry Tor what
had passed that night This ended
in the arrest of the young carpenter
The news was carried to Polly Car
son, but tho sorcly'tricd girl rose
against tho crushing blow, ~ can
not believe It, John Birch would
not harm my grandfather and !
wouldn't take Tom Banlc,ts word
against dog"





~ am doing my best, Nellie you
may be sure Of that II there's ever
so small loopholc Tor escape, trust to
me that poor Jack shall have the
benefit OF it,


The speaker was Ncllc's plightcd
lover, George Denton, ,hc detective,
a though,fallooking man, some years
her senior, who had already given
evidence of more than average ability
in his calling.


"My brother is not guilty, George
| could stake my life on it."


$50 could, Nellie but leave it to
me. The examination is adjourned
and may do much in the meantime


His words gave Nellie Birch com
fort for the present, and she trusted in
them.


The court was crowded, for much
interest had gathered round the case
of tho old man, whose mysterious
death had followed so suddenly upon
his accession to wealth. The prison
er was pale and haggard from mental
suffering and want OF sleep, but hold
ing his head erect, and gazing before
him with eyes that never lowered OF
shrank, and looking very unlike q man
charged with murder But the evi.
dence had gone against him, and he
wos committed to take his trial for
the willtul murder of his uncle, David
Birch. The decision was received by
the prisoner with shuddering gasp
of breath, and wild look Of agony in
his eyes, as a scream from woman
came from the crowd-it was Il voice
that he knew, for it was poor Nellie
who had dropped down lnsersible.-
He was about to be removed when
there a sudden stir in the court, and a
man whom many there recognized as
George Denton, the detective forced
his way through the crowd. Another
moment; and be was standing before
the magistrate, every ear drinking in
his words


"The prisoner, John Birch, is not
guilty, and I am prepared to prove it,"


.'On what evidence 2


"That it is case of mistaken
identity; the man whom he is accused
of numbering being still alive. He
lies helpless on sick-bed, or he would
have been here to set this wrong
right


l;,e deposition which was made be,
fore the startled bench may be briefly
summed up as it was atterward related
in the presence of reunited family
circle, when the old bird-fancler got
we'll enough to add his portion OF the
story. He explained that, after leav-
inc his friend Moss, he had been met
and attacked by man in an un-
treouented lane. They had a struggle,
during which he had received a blow
on the head that must have made him
insensible, for he remembered nothing
more until he found himself in bed in a
strange room how long he bad lain
there he could not tell. He had been
taken home by a humane market
gardener, who found him lying sense
less in the road, without hat or coat /;
his injury proving to be a serious trac-
ture of the skull, and the death-like
stupor continuing, he was left on the
hands of the good Samaritan, who,
living some distance from London,
had no chance of gaining any informa-