The only
explanation for the "Cave Dweller" letter which they could offer,
however, was that some one interested in procuring Flechter's downfall
had caused it to be sent for that purpose. This might either be a
business rival or some one connected with the prosecution.
While Palmer was summing up for the defense he noticed Assistant
District Attorney Allen smiling and dramatically turning upon him, he
shouted: "This is no laughing matter, Colonel Allen. It is a very
serious matter whether this man is to be allowed to-night to go home and
kiss his little ones, or whether he is to be cast into jail because you
used your brains to concoct a theory against him."
Another consideration, which seemed deserving of weight, was that if
Flechter did steal "The Duke of Cambridge" it would have been a piece of
incredible folly and carelessness upon his part to leave it in such an
exposed place as the safe of his store, where it could be found by the
police or shown by the office-boy to any one who called.
Yet the positive identification of August Gemunder and the fatal
disclosures of Eller, coupled with the vehement insistence of the
prosecution, led the jury to resolve what doubt they had in the case
against the prisoner, and, after deliberating eight or ten hours and
being out all night, they returned a verdict of guilty.
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