This time, when the chemists arrived, they declared that they tested positive for arsenic, with the eggnog containing enough "to poison ten persons". The prosecutor took this as a chance to recoup his earlier setbacks. He declared that in view of the contradictory results, it was apparent that the court should call upon Orfila to settle the issue once and for all. Since it was the defence who originally asked for Orfila, they could not object to this request. The defence agreed, already confident of Marie's acquittal.