said nothing of the unexampled behavior of the intruder in
telephoning for the police, or the kindness revealed by him in
suggesting a means for getting his captor's feet warm.

Smilk's lawyer, at the very outset of the cross-examination,
clarified the air as to the nature of the defense he was going to
put up for his client. After a few preliminary questions, he
demanded sharply:

"Now, Mr. Yollop, didn't this defendant state to you that he had
been unable to get work and that his wife and family were in such
desperate straits that he was forced to commit a crime against the
State in order to preserve them from actual starvation?"

Yollop: "He did not."

Counsel: "You are quite positive about that, are you?"

Yollop: "Yes."

Counsel: "Did he, at the time appear to be a robust,
well-conditioned man,--that is to say, a man who looked strong
enough to work and who had had sufficient nourishment to keep his
body and soul together?"

Yollop: "He certainly did."

Counsel: "A big, rugged, healthy, desperate fellow, you would say?"

Yollop: "Yes."