On the night of the deed Jean was seen walking up the street with Miss Beecher at something after seven o'clock in the evening; before eight o'clock he was at home in his father's house; there he was given an errand to do and went down the street, returning shortly; spent some time in reading and then went to bed. The next morning he was at his place of work as already mentioned. The wrench which had been seen in his pocket was found near the scene of the murder. These are the only known facts bearing upon the case, previous to his own confession. For further items of evidence see the hypothetical questions propounded by the prosecution and by the defense--Appendix, pp. 109-138. The fact that he was the last person seen with her, that the monkey wrench at one time seen in his pocket was found at the scene of the deed, that he left his place of work and went down the railroad track toward Newport, was sufficient to arouse suspicion. It is more than doubtful whether the evidence could have resulted in an indictment by a grand jury, and practically certain it never could have resulted in a conviction. The absence of any real motive for the act would have been fatal to such an attempt. The absence of evidence of a prearranged plan is also a serious lack. It is true that, when we have the confession and the later explanations, the presence of the monkey wrench in his pocket and his words that he "had use for it" sound like a prearranged plan, and yet there is no real evidence here. He might have had the monkey wrench for a dozen purposes and have given the same answer. Perhaps his threat to get even with her, his remark "that if he had a revolver he would shoot her," may be considered more serious, but certainly no jury could convict him merely on the basis of such statements. It is reasonably certain then that, had he not confessed, he never would have been convicted even if he had been indicted. Let us now examine the confession. _Gianini's Confession_: Jean Gianini, being duly sworn, deposes and says he resides in the village of Poland and is sixteen years old; deponent further says, "I went to school to Lida Beecher and had trouble with her and wanted to get revenge. "I met her above the hotel and walked up the street with her up beyond the stone quarry; she had been a coming to see my folks about school and was a coming up to see them last night and I told her they lived up the hill, and when we got up there on the left side of the road, I hit her with a monkey wrench that I got out of my father's barn. I had the wrench in my pocket when I went up. "After I had hit her about three times with the wrench, I hit her with a knife several times, to be sure to finish her, and then I took her over in the lot; I dragged her by the foot; and then I went home and got there about 7:30.