Both Mr. Shanks and John Ayliffe shook hands with the felon, whose face, though somewhat flushed with drinking, bore traces of deeper and sterner feelings than he chose to show. He seemed glad to see them, however, and said it was very kind of them to come, adding with an inquiring look at Mr. Shanks, "I can't pay you, you know, Master lawyer; for what between my garnish and lush, I shall have just enough to keep me till the 'sizes; I shan't need much after that I fancy." "Pooh, pooh," cried the attorney, "don't be downhearted, Tom, and as to pay, never mind that. John here will pay all that's needful, and we'll have down counsellor Twistem to work the witnesses. We can't make out an _alibi_, for the folks saw you, but we'll get you up a character, if money can make a reputation, and I never knew the time in England when it could not. We have come to consult with you at once as to what's the best defence to be made, that we may have the story all pat and right from the beginning, and no shifting and turning afterwards." "I wish I hadn't killed the man," said Tom Cutter, gloomily; "I shan't forget his face in a hurry as he fell over and cried out 'Oh, my poor--!' but the last word choked him. He couldn't get it out; but I fancy he was thinking of his wife--or maybe his children. But what could I do? He gave me a sight of bad names, and swore he would peach about what I wanted him to do. He called me a villain, and a scoundrel, and a cheat, and a great deal more besides, till my blood got up, and having got the stick by the small end, I hit him with the knob on the temple. I didn't know I hit so hard; but I was in a rage." "That's just what I thought--just what I thought," said Mr. Shanks. "You struck him without premeditation in a fit of passion. Now if we can make out that he provoked you beyond bearing--" "That he did," said Tom Cutter. "That's what I say," continued Mr. Shanks, "if we can make out that he provoked you beyond bearing while you were doing nothing unlawful and wrong, that isn't murder, Tom." "Hum," said Tom Cutter, "but how will you get that up, Mr. Shanks? I've a notion that what I went to him about was devilish unlawful." "Ay, but nobody knew any thing of that but you and he, and John Ayliffe and I. We must keep that quite close, and get up a likely story about the quarrel. You will have to tell it yourself, you know, Tom, though we'll make counsellor Twistem let the jury see it beforehand in his examinations." A gleam of hope seemed to lighten the man's face, and Mr. Shanks continued, "We can prove, I dare say, that this fellow Scantling had a great hatred for you." "No, no, he had not," said Tom Cutter, "he was more civil to me than most, for we had been boys together."