"Did you," the magistrate asked, "take these shoes down to the beach and compare them with the actual footprints?"
"I obtained the shoes at night," replied the sergeant, "and I took them down to the shore at daybreak the next morning. But, unfortunately, there had been a storm in the night, and the footprints were almost obliterated by the wind and rain."
When the sergeant had stepped down, Mr. Bashfield announced that that was the case for the prosecution. He then resumed his seat, turning an inquisitive eye on Anstey and Thorndyke.
The former immediately rose and opened the case for the defence with a brief statement.
"The learned counsel for the prosecution," said he, "has told us that the facts now in the possession of the Court admit of but one explanation--that of the guilt of the accused. That may or may not be; but I shall now proceed to lay before the Court certain fresh facts--facts, I may say, of the most singular and startling character, which will, I think, lead to a very different conclusion. I shall say no more, but call the witnesses forthwith, and let the evidence speak for itself."
The first witness for the defence was Thorndyke; and as he entered the box I observed Polton take up a position close behind him with a large wicker trunk. Having been sworn, and requested by Anstey to tell the Court what he knew about the case, he commenced without preamble:
"About half-past four in the afternoon of the 28th of September I walked down Sundersley Gap with Dr. Jervis. Our attention was attracted by certain footprints in the sand, particularly those of a man who had landed from a boat, had walked up the Gap, and presently returned, apparently to the boat.
"As we were standing there Sergeant Payne and Dr. Burrows passed down the Gap with two constables carrying a stretcher. We followed at a distance, and as we walked along the shore we encountered another set of footprints--those which the sergeant has described as the footprints of the deceased. We examined these carefully, and endeavoured to frame a description of the person by whom they had been made."
"And did your description agree with the characters of the deceased?" the magistrate asked.
"Not in the least," replied Thorndyke, whereupon the magistrate, the inspector, and Mr. Bashfield laughed long and heartily.