Tom was out late, that night, and came to bed through the window. He was in a tremendous state of excitement. It was hours before he got to sleep. All the village flocked to the courthouse the next morning, for this was to be the great day. Both sexes were about equally represented in the packed audience. After a long wait the jury filed in and took their places; shortly afterward, Potter, pale and haggard, timid and hopeless, was brought in, with chains upon him, and seated where all the curious eyes could stare at him; no less conspicuous was Injun Joe, stolid as ever. There was another pause, and then the judge arrived and the sheriff proclaimed the opening of the court. The usual whisperings among the lawyers and gathering together of papers followed. These details and accompanying delays worked up an atmosphere of preparation that was as impressive as it was fascinating.

Now a witness was called who testified that he found Muff Potter washing in the brook, at an early hour of the morning that the murder was discovered, and that he immediately sneaked away. After some further questioning, counsel for the prosecution said: