The only support for this, far-fetched theory was that the body
when discovered by the police was fully dressed, and that none of the
electric lights were burning. Counsel for the defence contended that
these two facts established his theory that the murder was committed
before dusk. They established nothing of the kind. There were half a
dozen more credible explanations of these things than the one he asked
the jury to accept. What mystery was there in a man being fully dressed
in his own house at midnight? The defence had been at great pains to show
that Sir Horace Fewbanks was a man of somewhat irregular habits in his
private life. Did not that suggest that he might have turned off the
lights and gone to sleep in an arm-chair in the library with the
intention of going out in an hour or two to keep an appointment? If he
had an appointment--and his sudden and unexpected return from Scotland
would suggest that he had a secret and important appointment--he would be
more likely to take a short nap in his chair than to undress and go to
bed. Might not the prisoner, who was a bold and reckless man, have broken
into the house when the lights were burning and his victim was awake and
fully dressed? In that case what was to prevent his turning off the
lights before leaving the house instead of leaving them burning to
attract attention? What was to prevent the prisoner turning off the
lights in order to convey the impression that the crime had been
committed in daylight?
"I want you to keep in mind, when arriving at your verdict, that there
are certain material facts which have been admitted by the defence," said
Mr.
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