But here, again, apart from the evidence, the story told by Ellis is so inherently improbable as to render it incredible, even conceding, as has been said, that it was honest. The theory put forward for the Crown was that Ross, in his anxiety and restlessness, was walking in and out of the Arcade. If Ross were anxious and restless it would be about the safety of his own neck. The safety of his own neck could be best assured by keeping his presence at the Arcade, late at night, a secret. Whatever his uneasiness, he was hardly likely to have let that fact lapse from before his mind for an instant. It is incredible, on the one hand, that he should have contemplated disposing of the body before midnight in such a brilliantly-lighted and well-frequented spot. The street might be empty while Ross was patrolling it, and yet before he could go in to the saloon and get the body and carry it to Gun Alley, a dozen people, including a constable, might be in it. It is incredible, on the other hand, if he did contemplate disposing of it, and was waiting for Ellis to disappear, that he should have needlessly exposed himself to Ellis when, from the darkness of the Arcade (which Ellis deposed to) he could have seen every movement of Ellis without himself being seen. Ross must have known Ellis well by sight, and, whatever are the facts, must have believed that Ellis would know him. This is one of the points at which the Crown case became not only absolutely incoherent, but absolutely inconsistent. The evidence of the Italians about seeing the light in the wine saloon at 10 minutes to 1, of the caretaker that there was no light twenty minutes later, of Ellis hearing a mysterious noise after he had retired and coming out to see what caused it, of the Harding confession that Ross heard Ellis coming and desisted from putting the body in the sewer, was all designed to show that Ross chose the moment after the two Italians had left and Ellis had retired, and before the caretaker closed the gate, to rush out with the body and carry it to Gun Alley. But the Matthews confession and the rest of the Harding confession were put forward to show that after the gates were closed Ross came back, and, with his own key, opened the gates and disposed of the body. The Matthews confession makes him return “between 1 and 2,” and Harding’s confession makes him say, in effect at any rate, that the gates were closed when he got back, and that he opened them with his own key. A long interval, according to the Harding confession, occurred between Ross’s return and the disposal of the body, for in the meantime he took off the girl’s clothes, and washed the body, and walked around the block. The gates would be locked long before this, and Ross had no key. The stories, therefore, fail hopelessly to fit in the one with the other. The mark of truth is that it must fit in with every other truth, while the mark of falsehood is that it can only be made, by whatever ingenuity, to fit