Now began the second act of this tragedy of errors.  The case was called for trial with the People’s interests in the hands of James W. Osborne, just advancing into the limelight as a resourceful and relentless prosecutor.  I say the People’s case but perhaps Allen’s case would be a more fitting title.  For the defense Arthur W. Palmer held the fort, directing his fire upon Osborne and losing no advantage inadvertently given him.  The noise of the conflict filled the court house and drowned the uproar on Broadway.  Nightly and each morning the daily press gave columns to the proceedings.  Every time the judge coughed the important fact was given due prominence.  And every gibe of counsel carried behind it its insignia of recognition—­“[Laughter]” It was one of those first great battles in which the professional value of compressed air as an explosive force and small pica type as projectiles was demonstrated.  It was a combat of wind and lead—­an endurance contest during which the jury slept fitfully for three long weeks.

Two things, the prosecution claimed, proved Flechter’s guilt:  first, the fact that the violin found in his possession was “The Duke of Cambridge”; second, that the “Cave-Dweller” letter was in the same handwriting as Flechter’s notice of reward.

Of course the latter proposition carried with it the necessity of proving in the first place that the notice itself was in Flechter’s penmanship.  Flechter through his counsel said it wasn’t, and that he had never told Mrs Bott that it was.  He claimed that his brother-in-law, John D. Abraham, had written it.  Mrs. Bott, he alleged, was an old lady and was mistaken in her testimony when she swore that he had said, “I have written down something.”  He had not said so.  Mr. Abraham corroborated him.  He had written it himself sitting in an armchair, all but the words “355 West Thirty-first Street,” which had been put in by a certain Mr. Jopling who had been present.  Mr. Jopling swore that that was so, too.  But, on cross-examination, it developed that Mr. Abraham had been practicing making copies of the notice at the suggestion of the lawyer for the defense, and, when Mr. Jopling took the stand, he was called upon to explain an affidavit made by him for Assistant District Attorney Allen, in which he affirmed that he did not know who wrote the words “355 West Thirty-first Street.”  His explanation did not explain, and, anyhow, there did not seem to be any particular reason why Abraham and Jopling should have written Flechter’s notice for him.  Besides, even if Flechter did not write it and Abraham did, it would still remain almost as bad for Flechter if it was shown that “Cave Dweller” was his own brother-in-law.