These are the undisputed facts. Colonel Fitzgerald saw the papers and knew the unsigned one to be in Arnold’s handwriting, even as the signed one was. They were both addressed to the Jewish Major Franks. In his testimony, Major Franks admits the existence of the unsigned order as Colonel Fitzgerald saw it, and admits also its character. Even Benedict Arnold admitted the order, but he endeavored to show that having exhibited General Washington’s orders to him (Arnold) to command Philadelphia, that fact would be a sufficient countermand to the order given to Franks to load up on valuable goods. “General Arnold to Major Franks. Did you not suppose my showing you the instructions from general Washington to me, previous to your going into the city, a sufficient countermand of the order I had given you to purchase goods? “Major Franks. I did not form any supposition on the subject.” This admission that he wrote the order, and the fact that no large purchases of goods could be shown, constituted Arnold’s defense. It requires no keen legal mind to show its weakness. If the order was countermanded several days before they entered the city, what was it doing in Miss Brackenberry’s house in Philadelphia on the first morning of Arnold’s command and the first morning of the operation of his order to close the stores? And why did Franks come in search of it? Discarded orders are not thus carried around and preserved. Probably no purchases were made. Probably the order was not carried out. When Colonel Fitzgerald walked into the room early in the morning and saw the papers, and when soon thereafter Major Franks walked into the room and saw both Colonel Fitzgerald and the papers, there was nothing else to do than to call the plan off. It had become _known_. Colonel Fitzgerald waited in the room to see what became of the papers. He saw the Jew Franks come and get them. He saw him go out with them. He knew what those papers directed the Jew to do, and he knew that the directing hand was Benedict Arnold’s. Doubtless with this clue he kept his eyes open in Philadelphia during the operation of the closing order. And doubtless Franks lost no time in transmitting to General Arnold the fact that he found Colonel Fitzgerald in the room where the papers had been left. The inadvertent visit of Colonel Fitzgerald is the key-fact in that phase of the matter. But the Jewish major becomes talkative in his effort to explain the situation. “There are circumstances which I must explain,” he says. And then, in words that were frequently in the mouth of Arnold, he represents that his service in the army was injuring his private affairs very seriously, and that he was contemplating retiring from the army and going into business.