It was at least doubtful whether Mr. Birch wrote the letter found upon the body of the murdered man. If he did, it proved nothing except what was already granted. Dr. Bilks was not under examination, and the rebutting testimony or the doubtful witnesses need not be considered. So far as the doctor’s testimony was material, it was amply supported by the evidence of Hubbard, and the acknowledgments of Ross Kingman. There could be no doubt that Buckstone was accompanied to the island by a man. Granting that this man was Mr. Birch, was it proved that he mutilated and concealed the body, or that he even knew of the murder? Buckstone went eighty rods from the spot where he was seen with Mr. Birch, before he was killed. The accused may have crossed the channel at this time, landed where the boat was found, with his handkerchief and cigar. On the morning after the murder, Mr. Birch appeared as usual, according to the testimony of Mr. Hungerford and Dr. Bilks. There was nothing unusual in his manner. He had always maintained a high character, and it was difficult to believe that such a man would resort to a measure so revolting as severing the head from a corpse, in order to conceal the crime of one in whom he appeared to have no especial interest. Why the head was removed does not appear, for all the papers, jewelry, and other articles, remained upon the body, and enabled the finders to identify it. The head would hardly have added any strength to the proof of identity. There was not a particle of evidence to show that Mr. Birch was present on the island, even at the time of the murder; and “_the prisoner is discharged_.” The people generally were not satisfied with this decision. If Mr. Birch had not sunk the body, who had? Some thought the magistrate was unwilling to expose a brother lawyer to trial on such a charge; others, that he had eaten too many good dinners with Dick Birch and Mr. Hungerford; and still others, that he had been bribed to give this decision. If the result was not what was expected,--and it certainly was not,--it is more probable that the magistrate used his common sense, his knowledge of human nature, as well as the evidence spoken by witnesses. Whether he was right or wrong, the sequel will show to the satisfaction of the reader. Without regard to the result of the examination, it was certain that Dick Birch had not gained anything in establishing his character for veracity and integrity. Though he was relieved from the terrors of the law, he was none the less guilty in the eyes of the people. He had not redeemed himself in the minds of even his best friends, who were still left in doubt and anxiety. “Mr. Birch, I congratulate you!” exclaimed Dr. Bilks, rushing up to him, after the decision of the magistrate. “Thank you; but why do you congratulate me?” replied Dick, languidly.