There had existed hitherto no proof that this money which had been found in the barn was in the possession of the murdered man at the time of the tragedy, and Bucholz might only be the thief who had robbed his master during his absence, and not the criminal who had imbrued his hands in his blood.
Henry Bischoff and his son, prominent German bankers, and dealers in foreign exchange, distinctly remembered the visit of Henry Schulte to their banking house upon the day on which the murder was committed.
The father identified some of the notes which had been found in the first package as those which had been given him in exchange for mark bills, and the son identified the gold pieces which had been unearthed with the second package as those which he had given to Mr.
Schulte upon that day.

Both pocket-books must therefore have been upon the person of Henry Schulte as he walked home upon that winter's night accompanied by his trusted servant who had robbed and murdered him.
The clothing of the accused man, which he had worn upon that night, and which had been secured immediately after the occurrence of the tragedy and legally retained, were also introduced and identified.
The shirt contained spots of blood, and the pantaloons also displayed evidences of the same crimson fluid.
The prosecution then closed their case, and the defense began.
Undismayed by the convincing character of the testimony which had been given, the attorneys for Bucholz labored diligently and ably to explain away the damaging proofs which had been adduced.
Their cross-examination of the witness who had been known to them as Edward Sommers had been very light; they had not attempted to impeach his veracity or to question the truthfulness of his relations, and while this was a matter of surprise to many at the time, the wisdom of such a course soon became evident.
The principal witness for the State was to be used as a reliable instrument in the hands of the defense, and the testimony of Edward Sommers was to be relied upon to substantiate the theory by which the attorneys for Bucholz hoped to delude the jury and to save their client.
The finding of the money was admitted as the result of revelations made by Bucholz to the detective, but they endeavored to prove that though he might have robbed the old man, it was impossible for him to have killed him.
It was contended upon the part of Bucholz, that the money was taken from the pockets of the murdered man while Bucholz was assisting in carrying the body to the house, and that he was enabled to do this the more easily, because he alone knew where the old gentleman placed the money which he carried about his person.
This theory was ingeniously suggested and ably argued, and several minor points of evidence were adduced in support of it.

The blood-stains upon the clothing were also sought to be explained.
Those upon the shirt were alleged to have been produced from the bleeding of the face of the prisoner who was wounded upon the same evening, and the pantaloons, it was claimed, had received the stains upon them from the blood which had dropped while Bucholz was assisting the bearers to carry the corpse to the house after the preliminary investigation by the coroner.
With rare skill were these theories presented, and with desperate energy these able attorneys led the forlorn hope against the strong fortress of conviction which seemed to enclose their unfortunate client.

The audience, the judges and the jury were profoundly impressed, but they were not convinced.
The judge charged the jury, and before the force of his sound, legal utterances, the airy castles which had been so ingeniously builded fell to the ground, and the hopes of the prisoner and his friends were buried in their ruins.
The case was handed to the twelve men, and many scrutinizing glances were directed toward them as they slowly retired to deliberate upon their verdict.

Faint hopes were entertained of a disagreement, but all felt that conviction would be but a natural result.
Slowly the crowd of spectators dispersed, as it became apparent that no report would be received that evening, and many ladies, moved by that latent sympathy which is usually manifested for great criminals, approached the prisoner, and, together with their condolences, bestowed upon him their offerings of flowers and fruits.
At twelve o'clock the next day--during a recess of the court--a loud knock was heard upon the door which led to the jury-room.