Year: 1874

those who heard il.


V.


Yes, it was true body had been found
and there was evidence that Unidentified
it as that of tie old man who was missing.
The story went that il had been first seen
by some workmen on their way home one
wet evening. 1t had foated u with the
tide. and been toyed with as ghastly
play ythipg, then beaten against one of The
low.lyiug river banks, and flung out,
piteous sight for men to shudder al, as it
lay with the defliug rivcr-slime clotted
among its tangled gray hair, and its dead,
bruised face turned upward to the sky.
From examination Of the body, 1t was
thought that there had been a struggle
The motive had clearly not been robbery.
for purse containing sovereign and
some silver was found in one of the pock.
cts, together with very remarkable an-
lique silver watch on which were engraved
the initials I'D. H." which were readily
translated into David Bich. When the
watch aud purse, with the old-fashioned
coat found on the body, were shown to
the bereaved granddaughter, and fearful
y recognized by the trembling giil as be-
longing to her grandfather, the evidence
Of indemnity was complete. How had the
old man come by his death ? There was
no cause to suspect him of suicidal iuten-
tions; and it was proved that he was So
Der when he he parted from Jacob Moss.
Then had followed the query, was David
Birch at =nnlity with any one? At this
point in the judicial investigation, Tom
Bartlett put iD u deposition to the effect
that he had witnessed quarrel between
the old man aud his nephew day before
the deceased had taken his fatal journey,
He detailed what he remembered Of tse
scene between them; how he Tom Bait
letD had been aprrehensive Of violence
on the part Of the young man, who had
told his uncle "that before he was many
days older he would be sorry for what he
had passed that night" This ended in
the arrest of the young carpenter. The
news was carried to Polly Carson, but the
soreIy tried girl rose against the crushing
blow. IL cannot believe it. John birch
would not harm my grandfather; and l
wouldn't take Tom BartIctts word against
I. dog"


Il am doing my best, Nellie, you may
be sure Of that; if there's ever so small
a iOophoe for escape. trust to me that
poor Jack shall have the benefit of it,"


The speaker was NeIie's plighIei lover,
George Deuton, the detective, thought-
tuI looking man, some years her senior.
who had already given evidence Of more
than average ability in his calling.


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


so could |, Nellie but leave it to
mc. The examination is adjourned, and
may do much 10 the meantime "


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


vi.


The court was crowded, for much inter
est had gathered round the Case Of the
Old man, whose mysterious death had fol-
owed so suddenly upon his accession OF
wealth. The prisoner was pale and hag.
gard from mental suffering and want of
sleep. but holding his head erect, and
gazing before him with eyes that never
lowered or shranI and looking very uu-
like Il nan charged with murder. But
the evidence had gone against him, and
he was committed to take his trial for the
wiful murder Of his uncle. David Birch.
The decision was received by the prisoner
with u shuddering gasp for breath, and a
wild look Of agony in his eyes, as a srrear,
from woman came from the crowd-it
was a voice that he knew, for it was poor
Nellie who had dropped down iusensibIe
He IVES about to be removed when there
was sudden stir in court, aud man
whom many recognized as George Denton,
the detective, forced his way through the
crowd Another moment. and he was
standing before the magistrate, every ear
drinking in his words.


The prisoner, John Birch. is not gull
ty, and l am prepared to prove it,"


"On what evidence?"


THAT it is case of mistaken identi-
ty; the man whom he is accused Of mur.
dering being still alive. He lies helpless
on "A sick-hed, or he would have been here
to set this wrong right"


The deposition which was made before
the startled bench may De briefly summed
up as it was afterwards related in the
presence of reunited family circle, when
the old bird-fancer got well enough to
add his portion Of the story. He explained
rhat. after leaving his friend Moss, he had
been met and attacked by man in an
unfrequent lane. They had a struggle,
during which he received blow Oh the
head that must have made him insensible,
for he remembered nothing M re until he
found himself in bed iu u strange room ;
how long he had lain there he could not
tell. He had been taken home by hu-
name market gardner, who found him ly.
ing senseless in the road. without hat or
coat; his injury proving to be serious
fracture of the skull, aud 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 information about him.
|, At this point George Denton took up
the narrative. His FIRST step had been to
, obtain sight Of the body; he found pc.
culiar mark on the right side ofthe neck,
which led to the suspicion that, instead Of
being the body Of David Birch, it was