General opinion did not, however, share Mr. Orde's optimism. The circumstantial evidence was very strong. Interest in the trial was such that people came from far out in the country to attend it. Every day of the preliminaries the court-room was filled with silent spectators. The boys, eluding the vigilance of the women and utterly disregarding specific commands, found themselves unable to get beyond the outer corridor. Here they hung around for some time in the vain hope of hearing something. The heavy breathing and jostling of the crowd about them was their only reward. Finally they gave it up and wandered out into the grounds.

It was by now nearly December of a remarkably open year. Although Indian summer had long since gone, and although the low black clouds and heavy gales of late autumn had given repeated warnings, winter had somehow failed to arrive. There was as yet no snow; and the sun, turned silver in place of the harvest gold, sometimes, as now, dispersed considerable warmth. In consequence of the mildness without and the crowd within, the windows of the court-room had been lowered at the top. The boys could almost catch the words of whoever was speaking.

"Come on, let's shin up that tree," suggested Johnny.

Immediately they acted on the inspiration. The highest limbs capable of bearing weight were still some three feet below the window-sills. Still, the boys could hear plainly what was going on, and could see into the room on an upward slant.

Evidently the legal processes had been fulfilled, and the first witness was giving his testimony.

"I was working in my field, throwing out manure, when I saw the prisoner come out of the popple thicket on Pritchard's place."

"How far were you from the thicket?"

"My field is right across the county road."

"At what point did the prisoner emerge from the thicket as respects the spot where the body was found?"

"He came out right opposite, a good quarter-mile, I should say."

"Anything unusual in the prisoner's appearance or actions?"

"He didn't have no hat. I noticed that."

After a few more questions the witness was excused. In an instant he appeared in the boys' line of vision and sat down.

Another witness was sworn, and deposed that he had been driving along the county road, and had also seen Mr. Kincaid emerge from the thicket without a hat. This witness likewise, on being excused, crossed the room and took his seat near the window.

This point established, the prosecution called upon the man who had found the body. He stated that he was in the employ of the deceased; had gone out afoot to look up a strayed cow, had come across the body late in the afternoon. Pritchard had been killed by a knife thrust in the throat. He lay on his back. He had carried a 22-calibre rifle with which he was accustomed to shoot hawks and crows. The rifle had been discharged. In looking about for evidence witness had found a cap lying by a stump ten feet or so down hill. He identified the cap. He also took a seat where Bobby and Johnny could see him—a short thickset man with a swarthy complexion and very oily long black hair.

A witness was called who identified positively the cap as belonging to Mr. Kincaid.

At this point the prosecution rested. A moment later Bobby heard again the measured, calm tones of his friend, called in his own defence.

"I know nothing about it," said Mr. Kincaid after the usual preliminaries, "I was nowhere near the scene of the murder. What the first witness had to say as to personal antagonism between Pritchard and myself was quite true: he had ordered me off his land, and very offensively. We had some words at that time."

"When was that?" asked the attorney.

"Some months back. Therefore I took especial pains to keep off his land, and was at the lower edge of the thicket a good quarter-mile from the place his body was found."

"You did not enter the thicket?"

"Only a few feet, after the dog took my cap."

"How about the cap?"

"My retriever, Curly, was playing with me. I was teasing him by waving the cap before him. He managed to get hold of it and ran with it into the thicket. In a moment or so he came back without it. I could not find it, nor could I induce him to retrieve it."

"When was this?"

"About two o'clock."

"Two witnesses have sworn they saw you come out of the thicket shortly before sun-down."

"That was on my way home. I tried again to get Curly to hunt up the cap."

"How do you account for the cap's being found at the upper edge of the thicket?"

"I cannot account for it."

"Could the dog have carried it that far in the time before he returned?"

"I do not think so—I am certain not."

"How do you account for the holes?"

"They might have been the marks of Curley's teeth," said Mr. Kincaid doubtfully.

"Look at them,"

A pause ensued.

"They certainly do not look like teeth marks," acknowledged Mr. Kincaid.

At this moment the heavy bell in the engine-house tower boomed out the first strokes of noon. The boys nearly lost their holds from the surprise of it. By the time they had recovered, court had been declared adjourned, and the crowds were pouring forth from the opened double doors.