He had then, according to the theory of the police, broken in upon the doctor, whose exclamation of fear or of anger had been loud enough to attract the attention of Mrs. Woods. When Mrs. Woods descended, Dr. Lana had made up his mind to talk it over with his visitor, and had, therefore, sent his housekeeper back to her room. This conversation had lasted a long time, had become more and more fiery, and had ended by a personal struggle, in which the doctor lost his life. The fact, revealed by a post-mortem, that his heart was much diseased--an ailment quite unsuspected during his life--would make it possible that death might in his case ensue from injuries which would not be fatal to a healthy man. Arthur Morton had then removed his sister's photograph, and had made his way homeward, stepping aside into the laurel bushes to avoid Mrs. Madding at the gate. This was the theory of the prosecution, and the case which they presented was a formidable one.
On the other hand, there were some strong points for the defence. Morton was high-spirited and impetuous, like his sister, but he was respected and liked by everyone, and his frank and honest nature seemed to be incapable of such a crime. His own explanation was that he was anxious to have a conversation with Dr. Lana about some urgent family matters (from first to last he refused even to mention the name of his sister). He did not attempt to deny that this conversation would probably have been of an unpleasant nature. He had heard from a patient that the doctor was out, and he therefore waited until about three in the morning for his return, but as he had seen nothing of him up to that hour, he had given it up and had returned home. As to his death, he knew no more about it than the constable who arrested him. He had formerly been an intimate friend of the deceased man; but circumstances, which he would prefer not to mention, had brought about a change in his sentiments.
There were several facts which supported his innocence. It was certain that Dr. Lana was alive and in his study at half-past eleven o'clock. Mrs. Woods was prepared to swear that it was at that hour that she had heard his voice. The friends of the prisoner contended that it was probable that at that time Dr. Lana was not alone. The sound which had originally attracted the attention of the housekeeper, and her master's unusual impatience that she should leave him in peace, seemed to point to that. If this were so then it appeared to be probable that he had met his end between the moment when the housekeeper heard his voice and the time when Mrs. Madding made her first call and found it impossible to attract his attention. But if this were the time of his death, then it was certain that Mr. Arthur Morton could not be guilty, as it was AFTER this that she had met the young squire at the gate.
If this hypothesis were correct, and someone was with Dr. Lana before Mrs. Madding met Mr. Arthur Morton, then who was this someone, and what motives had he for wishing evil to the doctor? It was universally admitted that if the friends of the accused could throw light upon this, they would have gone a long way towards establishing his innocence. But in the meanwhile it was open to the public to say--as they did say--that there was no proof that anyone had been there at all except the young squire; while, on the other hand, there was ample proof that his motives in going were of a sinister kind. When Mrs. Madding called, the doctor might have retired to his room, or he might, as she thought at the time, have gone out and returned afterwards to find Mr. Arthur Morton waiting for him. Some of the supporters of the accused laid stress upon the fact that the photograph of his sister Frances, which had been removed from the doctor's room, had not been found in her brother's possession. This argument, however, did not count for much, as he had ample time before his arrest to burn it or to destroy it. As to the only positive evidence in the case--the muddy footmarks upon the floor--they were so blurred by the softness of the carpet that it was impossible to make any trustworthy deduction from them.