When the prosecution rested, Mr. Poinsett, as counsel for defence, moved for the discharge of the prisoner, no evidence having been shown of his having had any relations with or knowledge of the deceased until the day of the murder, and none whatever of his complicity with the murderess, against whom the evidence of the prosecution and the arguments of the learned prosecuting attorney were chiefly directed. Motion overruled. A sigh of relief went up from the spectators and the jury. That any absurd technical objection should estop them from that fun which as law-abiding citizens they had a right to expect, seemed oppressive and scandalous; and when Arthur rose to open for the defence, it was with an instinctive consciousness that his audience were eyeing him as a man who had endeavoured to withdraw from a race. Ridiculous as it seemed in reason, it was enough to excite Arthur's flagging interest and stimulate his combativeness. With ready tact he fathomed the expectation of the audience, and at once squarely joined issue with the Colonel. Mr. Poinsett differed from his learned friend in believing this case was at all momentous or peculiar. It was a quite common one--he was sorry to say a _very_ common one--in the somewhat hasty administration of the law in California. He was willing to admit a peculiarity in his eloquent brother's occupying the line of attack, when his place was as clearly at his, Mr. Poinsett's side. He should overlook some irregularities in the prosecution from this fact, and from the natural confusion of a man possessing Colonel Starbottle's quick sympathies, who found himself arrayed against his principles. He should, however, relieve them from that confusion, by stating that there really was no principle involved beyond the common one of self-preservation. He was willing to admit the counsel's ingenious theory that Mrs. Conroy--who was not mentioned in the indictment, or indeed any other person not specified--had committed the deed for which his client was charged. But as they were here to try Gabriel Conroy only, he could not see the relevancy of the testimony to that fact. He should content himself with the weakness of the accusation. He should not occupy their time, but should call at once to the stand the prisoner; the man who, the jury would remember, was now, against all legal precedent, actually, if not legally, placed again in peril of his life, in the very building which but a few days before had seen his danger and his escape. He should call Gabriel Conroy!