Page:Melville Davisson Post--The Man of Last Resort.djvu/241

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Once in Jeopardy.
217

did not come within the provisions of the Constitution.”

“True,” replied the judge, “there is an early case in Virginia, and later cases of record, but the fraud must be gross and apparent. What fraud could be shown here? The indictment was properly found, the trial was regular, no suspicion of conspiracy attaches to the officers of the State, nor can it be shown that even misstatements were made, unless a plain conspiracy can be shown on the part of this detective, John Bartlett.” Then he turned to the secret agent of the life insurance companies. “How about this Bartlett?” he asked.

“So far as I can learn,” replied the detective, “Bartlett made no false statements. He is a member of Loomey's Agency in New York. It is true that he called on Mrs. Hirst and requested permission to investigate the case. What he stated to the prosecuting attorney as facts were facts. Of course, his theory was wrong, and his deductions incorrect; but for these, I presume, he could not be held responsible. I have investigated the mat-