"Who were on deck at that time?"

"All the crew were on deck, the forecastle being closed. In the
crow's-nest was McNamara; Jones was at the wheel."

"From the crow's-nest could the lookout have seen Burns and Mrs.
Johns going forward?"

"No. The two houses were connected by an awning."

"What could the helmsman see?"

"Nothing forward of the after house."

The prosecution closed its case with me. The defense, having
virtually conducted its case by cross-examination of the witnesses
already called, contented itself with producing a few character
witnesses, and "rested." Goldstein made an eloquent plea of "no
case," and asked the judge so to instruct the jury.

This was refused, and the case went to the jury on the seventh
day--a surprisingly short trial, considering the magnitude of the
crimes.

The jury disagreed. But, while they wrangled, McWhirter and I
were already on the right track. At the very hour that the
jurymen were being discharged and steps taken for a retrial, we
had the murderer locked in my room in a cheap lodging-house off
Chestnut Street.