Assuming at the time Mrs. Ethel Beecher and the deceased and the defendant were talking together, that the deceased told the defendant that she thought he would like to go in the country to work on a farm and asked him why he did not continue his school work another year; and that her tone was kindly and her whole deportment towards him on that occasion was such as to incline one to believe that she desired to help him and to well advise him; and that the defendant's conversation concerning prisons and industrial schools was such that it caused them to laugh, at the time; and that on other occasions when the defendant was with the deceased her conduct towards him was always kindly and that she was kindly and generously disposed towards the defendant and showed considerable interest in him. Assuming that on the 27th day of March, 1914, at about quarter after seven the defendant was observed on the street in Poland with some children, with whom he had been seen at different times playing hide and seek and tag and I spy, and that he caught hold of the toque of one of the little girls and pulled it down over her face and that he poked another one of the little girls in the back and that he called a girl by the name of Grace Palmer, "Palmer House," and said, "Leonard is the proprietor, isn't he?" and kept calling her Palmer House, and that he was snowballing the girls, and that while he was engaged the deceased passed him on the street and said, "Hello, Jean," and that he then joined her and shortly afterwards was seen to come back with the deceased, going up the road towards Buck Hill. That later in the same evening, at about ten minutes to eight, he returned home, showing no trace of excitement or nervousness, and that he received some books of wall paper to be delivered to a neighbor and that he took these books and threw them so that they fell with a noise on a neighbor's veranda and was seen running near the railroad station and later returned home in the vicinity of eight o'clock, showing no trace of any agitation, excitement, or nervousness. That he took off his shoes, put on a pair of slippers, went to bed, and slept quietly all night. That on the following morning he reported for work at Sam Hutchinson's as usual, worked for about twenty minutes doing his chores, ate his breakfast, and nothing unusual was observed about him.