" Goldstein made an eloquent plea of "no
case," and asked the judge so to instruct the jury.
This was refused, and the case went to the jury on the seventh
day--a surprisingly short trial, considering the magnitude of the
crimes.
The jury disagreed. But, while they wrangled, McWhirter and I
were already on the right track. At the very hour that the
jurymen were being discharged and steps taken for a retrial, we
had the murderer locked in my room in a cheap lodging-house off
Chestnut Street.
CHAPTER XXIII
FREE AGAIN
With the submission of the case to the jury, the witnesses were
given their freedom. McWhirter had taken a room for me for a day
or two to give me time to look about; and, his own leave of absence
from his hospital being for ten days, we had some time together.
My situation was better than it had been in the summer. I had my
strength again, although the long confinement had told on me. But
my position was precarious enough. I had my pay from the Ella,
and nothing else. And McWhirter, with a monthly stipend from his
hospital of twenty-five dollars, was not much better off.
My first evening of freedom we spent at the theater. We bought the
best seats in the house, and we dressed for the occasion--being in
the position of having nothing to wear between shabby everyday wear
and evening clothes.
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