from the hotel where he put up who swore that he had been there until
eight o'clock in the evening, when he left, returning at nine. An hour,
therefore, remained to be accounted for. As to this hour--on the one
hand, it seemed hardly sufficient for the deed, but yet it was certainly
possible for him to have done it within that time; and thus it remained
for the defense to account for that hour. For this purpose a note was
produced, which was scribbled in pencil and addressed to John Wiggins,
Esq.

It was as follows:

"Dear Wiggins,--I have been here ever since eight, and am tired of
waiting. Come to my room as soon as you get back. I'll be there.

Yours, F. DALTON."

Mr. John Wiggins testified that he had made an appointment to meet
Dalton at the hour mentioned in the note, but had been detained on
business until late. He had found this on his return thrust under the
office door. On going to see him the following morning he had learned of
his arrest.

This note and the testimony of Wiggins were felt to bear strongly in
Dalton's favor. If the accused had really been waiting at the office,
as the note stated, then clearly he could not have followed on Mr.
Henderson's track to Everton. The force of this weighed more than any
thing else with the court; the summing up of the judge also bore
strongly toward an acquittal; and, consequently, Dalton was declared not
guilty.