The story of how McWhirter happened to be floating on the bosom of the Delaware River before five o'clock in the morning was a long one--it was months before I got it in full. Briefly, going home from the theater in New York the night before, he had bought an "extra" which had contained a brief account of the Ella's return. He seems to have gone into a frenzy of excitement at once. He borrowed a small car,--one scornfully designated as a "road louse,"--and a.s.sembled in it, in wild confusion, one suit of clothes for me, his own and much too small, one hypodermic case, an armful of newspapers with red scare-heads, a bottle of brandy, a bottle of digitalis, one police card, and one excited young lawyer, of the same vintage in law that Mac and I were in medicine. At the last moment, fearful that the police might not know who I was, he had flung in a sc.r.a.pbook in which he had pasted--with a glue that was to make his fortune--records of my exploits on the football field!

A dozen miles from Philadelphia the little machine had turned over on a curve, knocking all the law and most of the enthusiasm out of Walters, the legal gentleman, and smashing the brandy-bottle. McWhirter had picked himself up, kicked viciously at the car, and, gathering up his impedimenta, had made the rest of the journey by foot and street-car.

His wrath at finding me a prisoner was unbounded; his scorn at Walters, the attorney, for not confounding the police with law enough to free me, was furious and contemptuous. He picked up the oars in sullen silence, and, leaning on them, called a loud and defiant farewell for the benefit of the officer.

"All right," he said. "An hour or so won't make much difference. But you'll be free today, all right, all right. And don't let them bluff you, boy. If the police get funny, tackle them and throw 'em overboard, one by one. You can do it."

He made an insulting gesture at the police, picked up his oars, and rowed away into the mist.

But I was not free, that day, nor for many days. As I had expected, Turner, his family, Mrs. Johns, and the stewardess were released, after examination. The rest of us were taken to jail. Singleton as a suspect, the others to make sure of their presence at the trial.

The murders took place on the morning of August 12. The Grand jury met late in September, and found an indictment against Singleton. The trial began on the 16th of November.

The confinement was terrible. Accustomed to regular exercise as I was, I suffered mentally and physically. I heard nothing from Elsa Lee, and I missed McWhirter, who had got his hospital appointment, and who wrote me cheering letters on pages torn from order-books or on prescription-blanks. He was in Boston.

He got leave of absence for the trial, and, as I explained, the following notes are his, not mine. The case was tried in the United States Court, before Circuit Judge Willard and District Judge McDowell.

The United States was represented by a district attorney and two a.s.sistant attorneys. Singleton had retained a lawyer named Goldstein, a clever young Jew.

I was called first, as having found the bodies.

"Your name?"

"Ralph Leslie."

"Your age?"

"Twenty-four."

"When and where were you born?"

"November 18, 1887, in Columbus, Ohio."

"When did you ship on the yacht Ella?"

"On July 27."

"When did she sail?"

"July 28."

"Are you a sailor by occupation?"

"No; I am a graduate of a medical college."

"What were your duties on the ship?"

"They were not well defined. I had been ill and was not strong. I was a sort of deck steward, I suppose. I also served a few meals in the cabin of the after house, when the butler was incapacitated."

"Where were you quartered?"

"In the forecastle, with the crew, until a day or so before the murders. Then I moved into the after house, and slept in a storeroom there."

"Why did you make the change?"

"Mrs. Johns, a guest, asked me to do so. She said she was nervous."

"Who slept in the after house?"

"Mr. and Mrs. Turner, Miss Lee, Mrs. Johns, and Mr. Vail. The stewardess, Mrs. Sloane, and Karen Hansen, a maid, also slept there; but their room opened from the chartroom."

A diagram of the after house was here submitted to the jury. For the benefit of the reader, I reproduce it roughly. I have made no attempt to do more than to indicate the relative positions of rooms and companionways.

_____ Forward |_____|Compartment ___________________________|_____|______________________________ bath |_____| / / ___ ___ |_____| /Turner's/ Mrs. /room_ __/ John's /____/ / room Main Cabin / / / ___ ___ / /_ _/bath Mrs. / Vail's /room Turner's ___ /________/ room / ______/linen ____ /__/store/ bath /__ room / /___/____/ __ /general / Miss /supplies/ Lee's /________/ room _____________ _____/________/butler's _maid's Chart Room / pantry room used as library / bunk--- ___ and lounge____ / ______________|____|_/ bunk (wheel)|____|

"State what happened on the night of August 11 and early morning of August 12."

"I slept in the storeroom in the after house. As it was very hot, I always left the door open. The storeroom itself was a small room, lined with shelves, and reached by a pa.s.sageway. The door was at the end of the pa.s.sage. I wakened because of the heat, and found the door locked on the outside. I lit a match, and found I could unscrew the lock with my knife. I thought I had been locked in as a joke by the crew. While I was kneeling, some one pa.s.sed outside the door."

"How did you know that?"

"I felt a board rise under my knee as if the other end had been trod on. Shortly after, a woman screamed, and I burst open the door."

"How long after you felt the board rise?"

"Perhaps a minute, possibly two."

"Go on."

"Just after, the ship's bell struck six--three o'clock. The main cabin was dark. There was a light in the chart-room, from the binnacle light. I felt my way to Mr. Vail's room. I heard him breathing. His door was open. I struck a match and looked at him. He had stopped breathing."

"What was the state of his bunk?"

"Disordered--horrible. He was almost hacked to pieces."

"Go on."

"I ran back and got my revolver. I thought there had been a mutiny-"

"Confine yourself to what you saw and did. The court is not interested in what you thought."

"I am only trying to explain what I did. I ran back to the storeroom and got my revolver, and ran back through the chart-room to the after companion, which had a hood. I thought that if any one was lying in ambush, the hood would protect me until I could get to the deck. I told the helmsman what had happened, and ran forward. Mr. Singleton was on the forecastle-head. We went below together, and found the captain lying at the foot of the forward companion, also dead."

"At this time, had you called the owner of the ship?"

"No. I called him then. But I could not rouse him."

"Explain what you mean by that."