The grand jury returned an indictment against Dr. John Earl for the murder of Mrs. Emma Bell. There could be but one grade of homicide in this kind of a case, and he was accordingly charged with murder in the first degree and his trial was set for Tuesday of the following week.

Frank came to see him early Saturday morning. "The neighbors of Mrs. Bell will be at the trial in full force to tell of your daily visits there at all sorts of ungodly hours. Their gossip indicates that they believe you had a very serious affair on with her, and this, together with the claim of the surgeons that you botched the operation on the child's leg, furnishes a fairly powerful motive for the crime, at least in the public mind. Jack," he asked, with a mixture of doubt and anxiety, "did you really have an affair with her?"

"Nonsense, Frank, nonsense," answered his brother. "It is true that I went there at rather unusual hours; I was pretty busy, and when I found she was in the habit of sitting up until after midnight I used to drop in there when I was through for the day. I don't think I ever went there later than nine-thirty or ten, and I seldom stayed more than fifteen or twenty minutes. Later on I was, and I still am, greatly worried about the child. Of course my operation didn't produce tuberculosis; that is silly, but it serves the purposes of jealous rivals. When I found this tubercular condition developing I asked her mother a great many questions; it seemed to me so improbable that it should have occurred when the child was really having better care than usual, judging from their surroundings, that I sought to learn whether it was not a recurrence of some trouble she had apparently outgrown, and from her mother's answers I think there is absolutely no doubt that this is true. You will readily see, under the circumstances, that I did not time my visits watch in hand, but the charge of a liaison there would be ridiculous were it not so vulgar and malicious. There was some sort of a tragedy in the woman's life, but I have no idea whatever as to its nature."

"With your handwriting on both the outside and inside of the package, your intimate relations with the family, the complications of this surgical case, the fact that you were practically in Boston at the time the package was mailed, and the total lack of suspicion of any one else," said Frank, checking the indictments off on his fingers, "they have a fairly convincing case against you, old man, and if you know anything that can break these theories down now is the time to divulge it."

"Naturally, if there were anything of the kind you imply, it would be easier for me to discuss it with you than with my leading counsel," his brother replied, "but equally, of course, in such a case, I should not have employed a woman to defend me; certainly not such a rabid feminist as Miss Holland. I have told her all I know, all I can conjecture, but candidly, Frank, I fear she is greatly worried over the outcome. I know the difficulty in overcoming gossip and prejudice and jealousy, and if that cannot be done I fear I must pay the penalty of being the target of their shafts. Crushing as that is, there is one haunting thought that is even more intolerable," he concluded.

"And that is?"

"That the last thought of that unhappy woman was that I sent the candied fruit. She may have realized in that brief second of time that it caused her death. I hope to prove my innocence to the world, but she has passed beyond the reach of proof."

"She has also passed beyond the need of it," answered his brother quickly. "Why don't you comfort yourself with the thought that, no matter who else may be deceived, wherever she is, she knows the truth?"

There had been something akin to despair in his voice, and Frank noticed how trouble had deepened the lines in his face. "Brace up, old fellow," he said huskily. "We'll get a line on something before we go to trial."

Dr. Earl did not see Leonora or hear from her directly again after their interview, but the Sunday following the announcement that Miss Holland had been employed to defend him, an item appeared in the society columns of the New York papers stating that their engagement had been terminated. He sighed when he read it, whether from sorrow or relief he could scarcely have told himself. But he fully realized at this time that the vital heart-beats of genuine love are not always inspired by plighted troth, neither is the latter always a product of the former, and he marveled at his own lack of understanding in so readily accepting a superficial substitute for the real article. The Ramseys gave every evidence of their devotion, seeing him daily, and there were not wanting a few staunch friends, and numerous former patients showed their loyalty, but as the day of his trial approached he found himself thinking more and more of the four devoted souls who had done and would do all for him that was humanly possible.