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Rh He shall not lead! This is a matter of life or death—I say life or death, for my friend’s instruction. He need not think that he is going to make it the latter by fair means or by foul!”

This righteous outburst was justified by the incidental letter, but certainly not by the essential spirit of the prosecution, which had struck the very prisoner as a miracle of restraint and moderation. The case against him had never been unduly pressed; all the pressing and browbeating had been upon his own side; and again Tom deplored what struck him as almost prejudicial ungraciousness on his counsel’s part. And it did no good; the question was put afresh, with a blush, but in an admissible form; and Dr. Westmacott stood down, having given it as his professional opinion that there was every probability of the crime having been committed before midnight rather than after.

Counsel for the prosecution, with the colour still in his face, then called his last witness, a Newgate wardsman, with the pointed observation that the jury were at length in possession of the facts; they should now hear the incredible story with which the prisoner sought to explain those facts away.

Up came Culliford on the instant, to object to the word “incredible,” which his own asperity had provoked.

“Is my friend going to make two speeches?” said he, sarcastically. “Let him keep his comments until he addresses the jury once and for all; it is for them to say what is incredible and what is not.”

Tom’s heart sank, for he had a depressing intuition that all this rancour was the sign of a losing side. But he was not in a position to gauge its effect upon the open mind of the average hearer.