The judge summed up the case with great care. After going through the evidence piecemeal, he told the jury that while the counsel for the defence had insisted upon the uncertainty of circumstantial evidence, and the numerous instances of error that had resulted from it, it was his duty to tell them that in the majority of cases of murder there could be, from the nature of things, only circumstantial evidence to go upon, for that men did not commit murder in the open streets in sight of other people. At the same time, when circumstantial evidence alone was forthcoming, it was necessary that it should be of the most conclusive character, and that juries should, before finding a verdict of guilty, be convinced that the facts showed that it was the prisoner, and he only, who could have done the deed. "It is for you, gentlemen, to decide whether the evidence that has been submitted to you does prove, absolutely and conclusively to your minds, that the prisoner must have been the man who murdered Miss Carne. Counsel on both sides have alluded to the unquestioned fact that madness is hereditary in the family of the prisoner; whether or not it is inherited by him, is also for you to decide in considering your verdict. You will have to conclude first whether the prisoner did or did not commit this murder. If you believe that he did so, and that while he did so he was insane, and incapable of governing his actions, your duty will be to find him not guilty upon the ground of insanity." The general tenor of the summing-up certainly showed that in the opinion of the judge the evidence, although strong, could not be considered as absolutely conclusive. Still, the bias was not strongly expressed, and when the jury retired, opinions in court were nearly equally divided as to what the verdict would be. When he left the witness-box, Dr. Arrowsmith made his way to the corner in which one of the policemen had placed Ruth after giving her evidence. She had done this with a steadiness and composure that had surprised the doctor; she had fortunately escaped much questioning, for the counsel saw how fragile and weak she looked, and as she had but entered the room, seen her mistress dead, fainted and left again, there was but little to ask her. The questions put were: "Was the jewellery safe in the box when she left the room the night before? Did she remember whether the window was fastened or not?" To this her reply was negative. Miss Carne had shut it herself when she went up in the afternoon, and she had not noticed whether it was fastened. "Was the blind a Venetian or an ordinary roller blind?" "A roller blind." "Then, if the window opened, it could be pushed aside without noise. Did you notice whether the candlesticks were standing where you had left them?" "I noticed that they were on the table and in about the same place where they were standing the night before, but I could not say exactly."