General opinion did not, however, share Mr. Orde's optimism. Thecircumstantial evidence was very strong. Interest in the trial was suchthat people came from far out in the country to attend it. Every day ofthe preliminaries the court-room was filled with silent spectators. Theboys, eluding the vigilance of the women and utterly disregardingspecific commands, found themselves unable to get beyond the outercorridor. Here they hung around for some time in the vain hope ofhearing something. The heavy breathing and jostling of the crowd aboutthem was their only reward. Finally they gave it up and wandered outinto the grounds.
It was by now nearly December of a remarkably open year. Although Indiansummer had long since gone, and although the low black clouds and heavygales of late autumn had given repeated warnings, winter had somehowfailed to arrive. There was as yet no snow; and the sun, turned silverin place of the harvest gold, sometimes, as now, dispersed considerablewarmth. In consequence of the mildness without and the crowd within, thewindows of the court-room had been lowered at the top. The boys couldalmost 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 ofbearing weight were still some three feet below the window-sills. Still,the boys could hear plainly what was going on, and could see into theroom on an upward slant.
Evidently the legal processes had been fulfilled, and the first witnesswas giving his testimony.
"I was working in my field, throwing out manure, when I saw the prisonercome 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 thespot 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 heappeared in the boys' line of vision and sat down.
Another witness was sworn, and deposed that he had been driving alongthe county road, and had also seen Mr. Kincaid emerge from the thicketwithout a hat. This witness likewise, on being excused, crossed the roomand took his seat near the window.
This point established, the prosecution called upon the man who hadfound the body. He stated that he was in the employ of the deceased; hadgone out afoot to look up a strayed cow, had come across the body latein the afternoon. Pritchard had been killed by a knife thrust in thethroat. He lay on his back. He had carried a 22-calibre rifle with whichhe was accustomed to shoot hawks and crows. The rifle had beendischarged. In looking about for evidence witness had found a cap lyingby a stump ten feet or so down hill. He identified the cap. He also tooka seat where Bobby and Johnny could see him--a short thickset man witha swarthy complexion and very oily long black hair.
A witness was called who identified positively the cap as belonging toMr. Kincaid.
At this point the prosecution rested. A moment later Bobby heard againthe measured, calm tones of his friend, called in his own defence.
"I know nothing about it," said Mr. Kincaid after the usualpreliminaries, "I was nowhere near the scene of the murder. What thefirst witness had to say as to personal antagonism between Pritchard andmyself was quite true: he had ordered me off his land, and veryoffensively. 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 theplace 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 wavingthe cap before him. He managed to get hold of it and ran with it intothe thicket. In a moment or so he came back without it. I could notfind 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 shortlybefore sun-down."
"That was on my way home. I tried again to get Curly to hunt up thecap."
"How do you account for the cap's being found at the upper edge of thethicket?"
"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. Kincaiddoubtfully.
"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 thefirst strokes of noon. The boys nearly lost their holds from thesurprise of it. By the time they had recovered, court had been declaredadjourned, and the crowds were pouring forth from the opened doubledoors.