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Although Mr. Mattingford was somewhat flustered by the unexpected appearance of Mrs. Holymead, he did not depart from precedent to the extent of regarding her as entitled to any other treatment than that accorded to clients who called on business. He asked her if she wanted to see Mr. Holymead, placed a chair for her, then knocked deferentially at his chief's door, went inside to announce Mrs. Holymead to her husband, and came out with the information that Mr. Holymead would see her. He held open the door leading into his chief's private room, and after Mrs. Holymead had entered closed it softly and firmly.
But the formal business manner of Mr. Mattingford to his chief's wife seemed to her friendly and cordial compared with the strained greetings she received from her husband. He motioned her to a chair and then got up from his own.
"I wrote to you to come and see me here instead of going to the house to see you," he said, "because I thought it would be better for both. It would have given the servants something to talk about. I hope you don't mind?"
She looked at him with her large dark eyes in which there was more than a suggestion of tears. What she had read into his note, when she received it, was his determination not to go to his home to see her for fear she would interpret that as a first step towards reconciliation.
"What I wanted to speak to you about is this detective Crewe whom Miss Fewbanks has employed in connection with her father's death," he continued.
Her breath came quickly at this unwelcome information. She noted that he had spoken of Sir Horace's death and not his murder.
He began pacing backwards and forwards across the room as if with the purpose of avoiding looking at her.
"This man Crewe is a nuisance—I might even say a danger. I don't know what he has found out, but I object to his ferreting into my affairs. He must be stopped."
She nodded her assent, for she could not trust herself to speak. Each time he turned his back on her as he crossed the room her eyes followed him, but as he faced her she turned her gaze on the floor.
"There is no legal redress—no legal means of dealing with his impertinent curiosity," he went on. "He is within his rights in trying to find out all he can. But if he is allowed to go on unchecked the thing may reach a disastrous stage. I have no doubt that he knows that I was at Riversbrook the night that man was killed. He was not long in getting on the track of that. And the more mysterious my visit seems to him—and the fact that I have not disclosed to the police that I went up to Riversbrook and saw Sir Horace on the night of the tragedy is to his way of thinking very significant—the more reason is there for suspecting me of complicity in the crime."
When he turned to cross the room her eyes lingered on him and she glanced quickly at his face.
"I don't want to dwell on matters that must pain you—that must pain us both," he said slowly, "but it is necessary that you should be made acquainted with the danger that threatens me from this man. I am anxious to avoid anything in the nature of a public scandal—I am anxious quite as much if not more on your account than my own. But if this wretched man is allowed to go on trying to build up a case against me—and I must admit that he would probably obtain circumstantial evidence of a kind which would make some sort of a case for the prosecution—there is grave danger of everything coming out. If he went to the length of having me arrested and charged with the crime, there are bound to be some disclosures and the newspapers would make the most of them. It is impossible to foresee the exact nature of them, but I do not see how I could adopt any line of defence which would not hint at things that are best unrevealed. You yourself might be so ill-advised as to tell the whole story in the end. Of course, I would try to prevent you, and as far as the trial is concerned, I think I could use means to prevent you. But if the result was unfavourable—and knowing what eccentric things juries do, we must recognise the possibility of an unfavourable verdict—you might consider it advisable to disclose everything in the hope of having the conviction quashed by an appeal."
For the first time since she had sat down he looked at her, and as he caught her upward gaze he flushed.
"I would tell everything if you were arrested," she said, in a low voice.
"Ah, so I thought," he said, in a tone of disapproval. "The question now is what means can be adopted to prevent a catastrophe. I have thought earnestly about it, and as you are almost as much concerned in preventing public disclosures as I am, I desired to consult you before taking any definite course. It is this man Crewe who is the danger, and the question is how are we to stop him proceeding to extremes. One way is for me to see him and take him into my confidence—to explain fully to him what happened. He would not be satisfied with less than the full story. If I kept anything back his suspicions would remain; in fact, they would be strengthened. I would have to explain to him why and how I induced Sir Horace to return unexpectedly from Scotland on that fatal night, and what took place at Riversbrook. You will understand why I have hesitated to adopt that course. I would not suggest it to you now except that I see it would save you from the danger of something a great deal worse. Of course it would save me from the annoyance of being suspected of knowing something about the actual murder, but it is your interests that come first in the matter. It would be effective in putting an end to all our fears—all my fears. I would bind him to secrecy, of course. I do not ask you to come to a decision immediately, but I do ask you to think it over and let me know. I have been extremely reluctant to put this proposal before you, because I should hate carrying it out, because I should hate telling this man of things which are really no concern of anyone but ourselves. But I cannot disguise from myself that it would remove a greater danger. I believe the secret would be safe with him. I understand that in private life he is a gentleman, and that I would be safe in taking his word of honour. It would not be necessary for him to tell the police—still less to tell Miss Fewbanks."
"Is there no other way?" she asked. "Have you thought of any other way?"
"Yes. The only other way out that I have been able to find is for me to see Miss Fewbanks and ask her to withdraw the case from Crewe. I would not tell her everything—I would not bring you into it at all. But I could tell her that I had had an urgent matter to discuss with her father; that he came from Scotland to discuss it with me, and that after I left him he was murdered. I would tell her that it was quite impossible for me to disclose what the business was about, but that Crewe, having learnt that I had seen her father that night, was extremely suspicious. I would ask her to accept my word of honour that I had no knowledge of who killed her father, and to relieve me of the annoyance of the attentions of this man Crewe. I think she would agree to that proposal. That is the other way out, and from something which has happened this morning I am inclined to think that it is the better and quicker course to pursue."
She was thinking so deeply that she did not reply. At length she became conscious of a long silence.
"It is very good of you to ask my opinion—to consult with me at all. It is you that have everything at stake. I would like to do my best, but I think if you gave me time—Is there any great urgency? Two days at most is all I want."
"I cannot give you two days," he replied, with a sombre smile. "You must decide to-day—at once—otherwise it will be too late."
She looked at him with parted lips and alarm in her eyes.
"What do you mean?" she breathed. "What have you hidden? Is the danger immediate?"
"I think so. For some days past my movements have been dogged by a boy in Crewe's employ. Nearly a week ago I decided, after the worry and anxiety of this—this unhappy affair, to go away for a short trip. I thought a sea-voyage to America and back might do me good and fit me for my work again." He sighed unconsciously, and went on: "Crewe has become acquainted with my intended departure and has placed his own interpretation on it. He assumes that I am seeking safety in flight—that I have no intention of coming back to England. The result has been that the boy Crewe had set to watch my movements has been replaced by two men from Scotland Yard—one watching these chambers from the front, and the other from the rear." He walked across to the window and glanced quickly through the curtain. "Yes, they are still here."
She sprang from her seat and followed him to the window.
"Where are they?" she gasped. "Show them to me."
"There. Do not move the curtain or they will suspect we are watching them. Look a little to the left, by the lamp-post. The other you can catch a glimpse of if you look between those two trees."
"What does it mean? Why are they waiting?" she burst out. Her face had gone very pale, and her big dark eyes glared affrightedly from the window to her husband.
"Hush! I beg you not to lose your self-control; it is essential neither of us should lose our heads," he said, warningly.
She regained command of herself with an effort, and whispered, rather than spoke, with twitching lips;
"What does the presence of these men mean?"
"It means that Crewe has already communicated with Scotland Yard."
"And that you will be arrested for his murder?" Her trembling lips could hardly frame the words.
"I think so—it's almost certain. But apparently the warrant is not yet issued, or those men would come here and arrest me. But they are watching to prevent my escape—if I thought of escaping. We may yet have a few hours to arrange something, but you must come to a prompt decision."
"Tell me what to do, and I will do it. Oh, let me help you if I can. What is the best thing to do? To see Crewe?"
"No. I forbid you to see Crewe," he said harshly. "If we decide on that course I will see him myself."
"And you may be arrested the moment you go out of these chambers," she returned. "Oh, no, no; that is not a good plan—we have not the time. I will go to Mabel Fewbanks at once, and beg her, for all our sakes, not to allow this to go any further."
He shook his head.
"You must not sacrifice yourself," he said. "That would be foolish."
"I will not sacrifice myself. I would tell her just what you have told me—that her father came from Scotland to discuss an urgent matter with you, and that he was murdered after you left. I feel certain this man Crewe is going to extremes without her knowledge or consent, and that she will be the first to bury this awful thing when she learns that you have been implicated. Is not this the best thing to do?"
"It is," he reluctantly admitted. "But I do not wish you to be mixed up in it at all."
"I am not mixing myself up in it—I am too selfish for that. But I swear to you if you do not let me do this I will confess everything. I know Mabel Fewbanks, and I repeat, she is not aware of what this man Crewe has done. She would not—will not, permit it. I shall go down to Dellmere at once." Her face was pale, and her eyes glittered as she looked at her husband, but she spoke with unnatural self-possession. With feverish energy she pulled on a glove she had taken off when she entered, and buttoned it. "I will—I shall—arrive in time. In two hours—in three at most—you will hear from me."
She passed out into the outer office before her husband could reply, and closed the door behind her. Mr. Mattingford dashed to open the outer door of his room leading into the main staircase. He thought Mrs. Holymead looked strange as she passed him and descended the stairs, and he rubbed his hands gleefully. He came to the conclusion that she had come in for a cheque for L50 as an advance of her dress allowance, and that her request had been refused.
CHAPTER XXVII
She left her husband's chambers with her brain in a whirl, hardly knowing where she was going until she found herself held up with a stream of pedestrians at the island intersection of Waterloo Bridge and the Strand. She thought the policeman who was regulating the traffic eyed her curiously, and, more with the object of evading his eye than with any set plan in her mind, she stepped into an empty taxi-cab which was waiting to cross the street.
"Where to, ma'am?" asked the driver.
"Where to?" she repeated vacantly. With an effort of will she concentrated her thoughts on the task in front of her, and hastily added, "To Victoria, as quick as you can. No—wait—driver, first take me to the nearest bookstall."
The taxi-cab took her to a bookstall in the Strand, where she got out and purchased a railway guide. As the taxi-cab proceeded towards Victoria she hastily turned the pages to the trains for Dellmere. She had never been to Dellmere, but she had heard from Miss Fewbanks that her father's place was reached from a station called Horleydene, on the main line to Wennesden, and that though there were many through trains, comparatively few stopped at Horleydene. But she was unused to time-tables, and found it difficult to grasp the information she required. There was such a bewildering diversity of letters at the head of the lists of trains for that line, and so many reference notes on different pages to be looked up before it was possible to ascertain with any degree of certainty what trains stopped at Horleydene on week-days, that, in her shaken frame of mind, with the necessity for hurry haunting her, she became confused, and failed to comprehend the perplexing figures. She signalled to the driver to stop, and handed him the book.
"I cannot understand this time-table," she said, in an agitated way. "Would you find out for me, please, when the next train leaves Victoria for Horleydene?"
The driver consulted the time-table with a businesslike air.
"The next train leaves at 12.40," he informed her. "After that there isn't another one stopping there till 4.5."
Mrs. Holymead consulted her watch anxiously.
"It's almost half-past twelve now. Can you catch the 12.40?" she asked.
The driver looked dubious.
"I'll try, ma'am, but it'll take some doing. It depends whether I get a clear run at Trafalgar Square."
"Try, try!" she cried. "Catch it, and I will double your fare."
She caught the train with a few seconds to spare. She had a first-class compartment to herself, and as the train rushed out of London, and the grimy environs of the metropolis gradually gave place to green fields, she endeavoured to compose her mind and collect her thoughts for her coming interview with the daughter of the murdered man. But her mind was in such a distraught condition that she could think of no plan but to sacrifice herself in order to save her husband. With cold hands pressed against her hot forehead, she muttered again and again, as if offering up an invocation that gained force by repetition:
"I must save him. I will tell her everything."
The train ran into Horleydene shortly after two, and Mrs. Holymead was the only passenger who alighted at the lonely little wayside station which stood in a small wood in a solitude as profound as though it had been in the American prairie, instead of the heart of an English county. The only sign of life was a dilapidated vehicle with an elderly man in charge, which stood outside the station yard all day waiting for chance visitors.
"Cab, ma'am?" exclaimed the driver of this vehicle in an ingratiating voice, touching his hat.
"No, thank you," replied Mrs. Holymead. "I'll walk."
Miss Fewbanks was astonished when the parlourmaid announced the arrival of Mrs. Holymead. She hurried to the drawing-room to meet her visitor, but the warm greeting she offered her was checked by her astonishment at the ill and worn appearance of her beautiful friend.
"Please, don't," said the visitor, as she held up a warning hand to keep away a sisterly kiss. She looked at Miss Fewbanks with the air of a woman nerving herself for a desperate task, and said quickly: "I have dreadful things to tell you. You can never think of me again except with loathing—with horror."
The impression Miss Fewbanks received was that her visitor had taken leave of her senses. This impression was deepened by Mrs. Holymead's next remark.
"I want you to save my husband."
There was an awkward pause while Mrs. Holymead waited for a reply and Miss Fewbanks wondered what was the best thing to do.
"Say you will save him!" exclaimed Mrs. Holymead. "Do what you like with me, but save him."
"Don't you think, dear, you would be better if you had a rest and a little sleep?" said Miss Fewbanks. "I am sure you could sleep if you tried. Come upstairs and I'll make you so comfortable."
"You think I am mad," said the elder woman. "Would to God that I was."
"Come, dear," said Miss Fewbanks coaxingly. She turned to the door and prepared to lead the way upstairs.
"Sleep!" exclaimed Mrs. Holymead bitterly. "I have not had a peaceful sleep since your father was killed. I have been haunted day and night. I cannot sleep."
"I know it was a dreadful shock to you, but you must not take it so much to heart. You must see your doctor and do what he tells you. Mr. Holymead should send you away."
At the mention of her husband's name Mrs. Holymead came back to the thought that had been foremost in her mind.
"Will you save him?" she exclaimed.
"You know I will do anything I can for him," answered the girl gently. Her intention was to humour her visitor, for she was quite sure that Mr. Holymead was in no danger.
"Will you stop Mr. Crewe?"
"Stop Mr. Crewe?" Miss Fewbanks repeated the words in a tone that showed her interest had been awakened. "Stop him from what?"
"Stop him from arresting my husband."
"Do you mean to say that Mr. Crewe thinks Mr. Holymead had anything to do with the murder of my father?"
"If I tell you everything will you stop him? Oh, Mabel, darling, for the sake of the past—before I came on the scene to mar the lives of both of them—will you save him? It is I—not he—who should pay the penalty of this awful tragedy. Will you save him?"
"Tell me everything," said the girl firmly.
To the stricken wife there was a promise in the demand for light, and in broken phrases she poured out her story of shame and sorrow. With a feeling that everything was falling away from her the girl learnt from her visitor's disconnected story that there had been a liaison between her murdered father and her friend. Mr. Holymead had discovered it after Sir Horace had gone to Scotland and husband and wife were away in the country. He was at first distracted at finding that his lifelong friend had seduced his wife, then he made her promise not to see or communicate with Sir Horace until he made up his mind what course of action to take. Three days later he caught an evening train to London and told her he was not returning, but would write to her.
It crossed her mind that he had gone up to London to meet Sir Horace, and in her distress at the thought of what might happen when they met she consulted her cousin Gabrielle, who had always been in her confidence. Gabrielle had offered to go to Riversbrook to see if Sir Horace had returned from Scotland, or was expected back. Her train was delayed by an accident, and when she arrived at Riversbrook it was after half-past ten. She arrived a few minutes too late to prevent the tragedy. She found the front door open and the electric light burning in the hall. She went up the staircase and in the library she found Sir Horace, who was lying on the floor at the point of death. She tried to lift him to a sitting position, but with a convulsive gasp he died in her arms.
She laid him down and then looked hurriedly around the room with the object of removing any evidence of how or why the crime had been committed, her main thought being to save her friend from the shame of a public scandal. She picked up a revolver which was lying on the floor near Sir Horace, turned out the lights in the library and in the hall so that the house was in darkness, and then closed the hall door after her as she went out. But Mr. Crewe had discovered in some way that Mr. Holymead had visited Sir Horace that night. Only a week ago Gabrielle had gone to him and tried to put him off the track, but it was no use.
The wretched woman made a pathetic appeal for her husband's life. She deplored the sinfulness which had resulted in the tragedy. She took on herself the blame for it all. She had sent one man to his death, and her husband stood in peril of a shameful death on the gallows. But it was in the power of Mabel to save him. On her knees she pleaded for his life; she pleaded to be saved from the horror of sending her husband to the gallows. If Mabel's father could make his wishes known he too would plead for the life of the friend he had betrayed.
The door opened and the parlourmaid entered. Miss Fewbanks stepped quickly across the room so that she should not witness the distress of Mrs. Holymead. The servant handed her a card and waited for instructions. Miss Fewbanks looked at the card in an agony of indecision. Then she made up her mind firmly.
"Show him into my study," she whispered to the girl.
She returned to her visitor, who was sitting with her face buried in her hands.
"Mr. Crewe has just motored down," she said. "I will save your husband if I can."
CHAPTER XXVIII
She was conscious that the revelation that her father had been killed by Mr. Holymead was a less shock than the revelation that her father had dishonoured the great friendship of his life by seducing his friend's wife. Her father had been dead three months, and her grief had run its course. The shock caused by the discovery that he had been murdered had passed away, and she had begun to accept his violent death as part of her own experience of life. But the discovery that he had betrayed his best friend, in a way that a pure-minded woman regards as the most dishonourable way possible, was a fresh revelation to her of human infamy.
The knowledge that her father had been a man of immoral habits was not new to her. His predilection for fast women had long ago made it impossible for her to live in the same house with him for more than a week at a time. But that he had trampled in the mire the lifelong friendship of an honourable man for the sake of an ignoble passion revealed an unexpected depth of shame. That Mr. Holymead had killed him seemed almost a natural result of the situation. It was not that she felt that a just retribution had overtaken her father, but rather that she was glad his shameful conduct had come to an end. As she thought of her dead father—dead these three months—she gave a sigh of relief. The wretched guilty woman, who had shared with him the shame of his ignoble intrigue, had said that if her father could make his wishes known he would plead for the life of the friend he had dishonoured. But it was not her father's plea for the life of his friend that would have impressed her so much as a plea to bury the whole unsavoury scandal from the light. She had promised to save Mr. Holymead if she could, but that promise had sprung less from the spirit of mercy than from the desire to save her father's name from a scandal, which would hold him up to public obloquy.
She greeted Crewe with friendly warmth in spite of the feeling of oppression caused by the consciousness of the situation in front of her. He did not sit down again after greeting her, but stood with one hand resting on an inlaid chess table, with wonderful carved red and white Japanese chessmen ranged on each side, which he had been examining when she entered the room.
"I came down to make my report to you because I think my work is finished," he said.
"You have found out who killed my father?" she asked quietly.
Crewe had sufficient personal pride to feel a little hurt when he saw the calm way in which she accepted the result of his investigations, instead of congratulating him on his success in a difficult task.
"I think so," he said. "Before I tell you who it is you must prepare yourself for a great shock."
"I know who it is" she said—"Mr. Holymead."
There was no pretence about his astonishment.
"How on earth did you find out?"
She smiled a little at such a revelation of his appreciation of his own cleverness in having probed the mystery.
"I did not find it out," she said. "I had to be told."
"And who told you, Miss Fewbanks?" he asked. "Has he confessed to you? How long have you known it?"
"I have known it only a few minutes," she said. "Will you tell me how you got on the track and all you have done? I am greatly interested. You have been wonderfully clever to find out. I should never have guessed Mr. Holymead had anything to do with it—I should never have thought it possible. When you have finished I will tell you how I came to know. The story is extremely simple—and sordid."
The fact that the key of the mystery had been in her hands only a few minutes was a solace to Crewe, as it detracted but little from the story he had to tell of patient investigations extending over weeks.
He pieced together the story of the tragedy as he had unravelled it. Hill, he said, had conceived the idea of blackmailing her father after he had discovered the existence of some letters in a secret drawer of Sir Horace's desk. The fact that Sir Horace had kept these letters instead of destroying them as he had destroyed other letters of a somewhat similar kind showed that he was very much infatuated with the lady who wrote them. That lady, as doubtless Miss Fewbanks had guessed, was Mrs. Holymead—a lady with whom Sir Horace had been on very friendly terms before she married Mr. Holymead.
"What became of the letters?" asked Miss Fewbanks. "Have you got them?"
"I think they are destroyed," he said. "Mrs. Holymead removed them from the secret drawer the day after the discovery of the murder. She removed them when the police had charge of the house, and almost from under the eyes of Inspector Chippenfield. It was a daring plan and well carried out."
Miss Fewbanks heaved a sigh of relief on learning the fate of the letters. It had been her intention to endeavour to obtain them if they were in Crewe's possession, and destroy them.
Crewe explained that Hill was afraid to take the letters and then boldly blackmail Sir Horace. The butler conceived the plan of getting Birchill to break into the house. He did not take Birchill into his confidence with regard to the blackmailing scheme, but in order to induce Sir Horace to believe the burglar had stolen the letters he told Birchill to force open the desk, as he would probably find money or papers of value there. But in order to prevent Birchill getting the letters if he should happen to stumble across the secret drawer, Hill removed them the day before. His plan was to go to Riversbrook in the morning after the burglary, and after leaving open the secret drawer which had contained the letters, to report the burglary to the police. When Sir Horace came home unexpectedly Hill had just removed the letters and had them in his possession. Hill was greatly perturbed at his master's unexpected return, and had to get an opportunity to replace the letters in the secret drawer, but Sir Horace told him to go home, as he was not wanted till the morning. Hill went to that girl's flat in Westminster, and there saw Birchill. He told Birchill that Sir Horace had returned unexpectedly, but he urged Birchill to carry out the burglary as arranged, and assured him that as Sir Horace was a heavy sleeper there would be no risk if he waited until Sir Horace went to bed. Hill's position was that if the burglary was postponed Sir Horace might make the discovery that the letters had been stolen from the secret drawer. In that case Sir Horace would immediately suspect Hill, who, he knew, was an ex-convict. It was just possible that Sir Horace, before going to bed, would discover that the letters had been stolen—that is, if he went to bed before Birchill got into the place—but Hill had to take that risk.
It was the fact that the burglary Hill had arranged with Birchill took place on the night Sir Horace was killed that had given rise to the false clues which had misled the police. Crewe, as he himself modestly put it, was so fortunate as to get on the right track from the start. His suspicions were directed to Holymead when he saw the latter carrying away a walking-stick from Riversbrook after his visit of condolence to Miss Fewbanks. Crewe explained what tactics he had adopted to obtain a brief inspection of the stick in order to ascertain for his own satisfaction if it had belonged to Holymead. His suspicions against Holymead were strengthened when he discovered that the latter, when driving to his hotel on the night of the tragedy, had thrown away a glove which was the fellow of the one found by the police in Sir Horace's library.
"The next point to settle was whether Holymead had had anything to do with your father's sudden return from Scotland," said Crewe, continuing his story. "If that proved to be the case, and if evidence could be obtained on which to justify the conclusion that these two old friends had had a deadly quarrel, the circumstantial evidence against Holymead as the man who killed your father was very strong. I may say that before I went to Scotland I came across evidence of the estrangement of Holymead and his wife. Do you remember when you and Mrs. Holymead were leaving the court after the inquest that Mr. Holymead came up and spoke to you? He shook hands with you and was on the point of shaking hands with his wife as if she were a lady he had met casually. Then, on the night of the murder, the taxi-cab driver at Hyde Park Corner drove him to his house at Princes Gate, but was ordered to drive back and take him to Verney's Hotel. All this was interesting to me—doubly interesting in the light of the fact that Sir Horace had known Mrs. Holymead before her second marriage, and had paid her every attention.
"I went to Scotland and made inquiries at Craigleith Hall, where Sir Horace had been shooting. My object was to endeavour to obtain a clue to the reason for his sudden journey to London. The local police had made inquiries on this point on behalf of Scotland Yard, and had been unable to obtain any clue. No telegram had been received by Sir Horace, and he had sent none. Of course he had received some letters. He had told none of the other members of the shooting party the object of his departure for London, but he had declared his intention of being back with them in less than a week. It had occurred to me when the crime was discovered that his missing pocket-book might not have been stolen by his murderer, but might have been lost in Scotland. I made inquiries in that direction and eventually found that the man who had attended to Sir Horace on the moors had the pocket-book. His story was that Sir Horace had lost it the day before his departure for London. He had taken off his coat owing to the heat on the moor, and the pocket-book had dropped out. He ascertained his loss before he left for London, and told this man Sanders where he thought the pocket-book had dropped out. Sanders was to look for it, and if he found it was to keep it until Sir Horace came back. He did find it, and after learning of your father's death was tempted to keep it, as it contained four five-pound notes. Sanders is an ignorant man, and can scarcely read. He professed to know nothing of the pocket-book when I questioned him, but I became suspicious of him, and laid a trap which he fell into. Then he handed me the pocket-book, which he had hidden on the moor, under a stone. In the pocket-book I found a letter from Holymead asking your father to come to London at once as there were to be two new appointments to the Court of Appeal, and that Sir Horace had an excellent chance of obtaining one if he came to London and used his influence with the Chancellor and the Chief Justice, who were still in town. The writer indicated that he was doing all that was possible in Sir Horace's interests, and that he would meet Sir Horace at Riversbrook at 9.30 on Wednesday night and let him know the exact position. There is nothing suspicious in such a letter, but my inquiries concerning new appointments to the Court of Appeal suggest that the statements in the letter are false.
"Now let us consider the conduct of Holymead and his wife since the night of the murder. His course of action has not been that of a man anxious to assist the police in the discovery of the murderer of his old friend. We have first of all his secrecy regarding his visit to Riversbrook that night; the fact of the visit being established by the stick, and the glove he left behind. We have the estrangement of husband and wife. We have Mrs. Holymead's visit to Riversbrook on the morning that the first details of the crime appeared in the newspapers. Ostensibly she came to see you and pay her condolences, but as she knew that you had been away in the country she ought to have telephoned to learn if you had come up to London. Instead of telephoning, she went to Riversbrook direct, and when she found you were not there she was admitted to the presence of my old friend, Inspector Chippenfield. He is an excellent police officer, but I do not think he is a match for a clever woman. And Mrs. Holymead is such a fine-looking woman that I feel sure Chippenfield was so impressed by her appearance that he forgot he was a police officer and remembered only that he was a man. She managed to get him out of the room long enough to enable her to open the secret drawer in Sir Horace's desk and remove the letters. No doubt Sir Horace had shown her where he kept them, as their neat little hiding place was an indication of the value he placed upon them. She was under the impression that no one knew about the letters, and her object in removing them was to prevent the police stumbling across them and so getting on the track of her husband. But as I have already told you, Hill knew about the letters, and on the night of the murder had them in his possession. On the night after the murder, while Inspector Chippenfield was making investigations at Riversbrook, Hill had managed to obtain the opportunity to put the letters back. He naturally thought that if the police discovered some of Sir Horace's private papers in his possession they would conclude that he had had something to do with the murder.
"The next point of any consequence is Holymead's defence of Birchill and the deliberate way in which he blackened your father's name while cross-examining Hill. If we regard Holymead's conduct solely from the standpoint of a barrister doing his best for his client his defence of Birchill is not so remarkable. But we have to remember that your father and Holymead had been life-long friends. His acceptance of the brief for the defence was in itself remarkable. The fee, as I took the trouble to find out, was not large; indeed, for a man of Holymead's commanding eminence at the bar it might be called a small one, and he should have returned the brief because the fee was inadequate. We have, therefore, two things to consider—his defence of the man charged with the murder of your father, and his readiness to do the work without regard to the monetary side of it. Much was said at the time in some of the papers about a barrister being a servant of the court and compelled by the etiquette of the bar to place his services at the disposal of anyone who needs them and is prepared to pay for them. A great deal of nonsense has been said and written on that subject. A barrister can return a brief because for private reasons he does not wish to have anything to do with the case. It was Holymead's duty to do his best to get Birchill off whether he believed his client was guilty or innocent. Could Holymead have done his best for Birchill if he had believed that Birchill was the murderer of his lifelong friend? Would he have trusted himself to do his best? No, Holymead knew that Birchill was innocent; he knew who the guilty man was, and, knowing that, knowing that his action in defending the man charged with the murder of an old friend would weigh with the jury, he took up the case because he felt there was a moral obligation on him to get Birchill off. His conduct of the defence, during which he attacked the moral character of your father, was remarkable, coming from him—the friend of the dead man. As the action of defending counsel it was perfectly legitimate. It gave rise to some discussion in purely legal circles—whether Holymead did right or wrong in violating a long friendship in order to get his man off. The academic point is whether he ought to have violated his personal feelings for an old friend, or violated his duty to his client by doing something less than his best for him.
"Apart from the circumstantial and inferential evidence against Holymead, there is the fact that his wife knows that he committed the crime. Her acts point to that; her conduct throughout springs from the desire to shield him. Even the removal of the letters from the secret drawer was prompted more by the desire to save him than to save herself. Their discovery would not have been very serious for her, but it would have put the police on her husband's track. If I remember rightly, she asked you to keep her in touch with all the developments of the investigations of the police and myself. You told me that she was greatly interested in the fact that I did not believe Birchill was guilty, and particularly anxious to know if I suspected anyone. At Birchill's trial she did me the honour of watching me very closely. I was watching both her and her husband. When she discovered through her womanly intuition that I suspected her husband; that I was accumulating evidence against him; she sent round her friend, Mademoiselle Chiron, with some interesting information for me. An extremely clever young woman that—like all her countrywomen she is wonderfully sharp and quick, with a natural aptitude for intrigue. Of course, the information she gave me was intended to mislead me—intended to show me that Mr. Holymead had nothing to do with the crime. But some of it was extremely interesting when it dealt with actual facts, and some of the facts were quite new to me. For instance, I had not previously known that a piece of a lady's handkerchief was found clenched in your father's right hand after he was dead. The police very kindly kept that information from me. Had they told me about it I might have been inclined to suspect Mrs. Holymead and to believe that her husband was trying to shield her. His conduct would bear that interpretation if she had happened to be guilty. The police unconsciously saved me from taking up that false scent.
"I have detained you a long time in dealing with these points, Miss Fewbanks, but I wanted to make everything clear. I have all but reached the end. Let us take in chronological order what happened on the night of the tragedy. We have your father's sudden return from Scotland. Hill was at Riversbrook when he arrived, and having the secret letters in his possession, was greatly perturbed by the unexpected return of Sir Horace. He went to Doris Fanning's flat in Westminster to see Birchill. In his absence Holymead arrived. It is probable that he took the Tube from Hyde Park Corner to Hampstead and walked to Riversbrook. He rang the bell; was admitted by your father, and, leaving his hat and stick in the hall-stand as he had often done before, the two went upstairs to the library. There was an angry interview, Holymead accusing your father of having wronged him and demanding satisfaction. My own opinion is that there was an irregular sort of duel. Each of them fired one shot. It is quite conceivable that Holymead, in spite of his mission, being that of revenge, gave your father a fair chance for his life. A man in Holymead's position would probably feel indifferent whether he killed the man who had ruined his home or was killed by him. But whereas your father's shot missed by a few inches, Holymead's inflicted a fatal wound. When he saw your father fall and realised what he had done, the instinct of self-preservation asserted itself. He grabbed at the gloves he had taken off, but in his hurry dropped one on the floor. He ran downstairs, took his hat from the hall-stand, but left his stick. Then he rushed out of the house, leaving the front door open. He made his way back to Hampstead Tube station, got out at Hyde Park and took a cab to his hotel.
"Within a few minutes of Holymead's departure from Riversbrook the Frenchwoman arrived. She may have passed Holymead in Tanton Gardens, or Holymead, when he saw her approaching, may have hidden inside the gateway of a neighbouring house. She had come up from the country on learning that Holymead had come to London. She caught the next train, but unfortunately it was late on arriving at Victoria owing to a slight accident to the engine. I take it that she was sent by Mrs. Holymead to follow her husband if possible and see if he had any designs on Sir Horace. She took a cab as far as the Spaniards Inn and then got out, and walked to Riversbrook. When she arrived at the house she found the front door open and the lights burning. There was no answer to her ring and she entered the house and crept upstairs. Opening the library door, she saw your father lying on the floor. She endeavoured to raise him to a sitting posture, but it was too late to do anything for him. With a convulsive movement he grasped at the handkerchief she was holding in one hand, and a corner of it was torn off and remained in his hand. When she saw he had breathed his last she laid him down on the floor. Since she had been too late to prevent the crime, the next best thing in the interests of Mrs. Holymead was to remove traces of Holymead's guilt. She picked up the revolver, which she thought belonged to Holymead, turned off the light in the room, went downstairs, turned off the light in the hall, and closed the hall door as she went out.
"She behaved with remarkable courage and coolness, but she overlooked the glove in the room of the tragedy, and Holymead's stick in the hall-stand. Later in the night we have Birchill's entry into the house, his alarm at finding your father had been killed, and his return to the flat where Hill was waiting for him."
When Crewe had finished he looked at the girl. She had followed his statement with breathless interest.
"You have been wonderfully clever," she said. "It is perfectly marvellous."
Crewe's eyes had wandered to the inlaid chess-table and the Japanese chessmen set in prim rows on either side. Mechanically he began to arrange a problem on the board. His interest in the famous murder mystery seemed to have evaporated.
"I was very fortunate," he said absently, in reply to Miss Fewbanks. "Everything seemed to come right for me."
"You made everything come right," she replied. "I do not know how to thank you for giving so much of your time to unravelling the mystery."
"It was fascinating while it lasted," he replied, his fingers still busy with the chessmen. "Of course, I am pleased with my success, but in a way I am sorry the work has come to an end. I thought that the knowledge that Holymead was the guilty man would come as a great shock to you. But I am glad you are able to take it so well."
"A few minutes before you arrived I learned that it was Mr. Holymead. But what has been more of a shock to me, Mr. Crewe, is the discovery that my father had ruined his home. Oh, Mr. Crewe, it is terrible for me to have to hold my dead father up to judgment, but it is more terrible still to know that he was not faithful even to his lifelong friendship with Mr. Holymead."
"Your nerves are unstrung," he said. "You want rest and quiet—you want a long sea voyage."
"Yes, I want to forget," she said. "But there are others who want to forget, too. Cannot we bury the whole thing in forgetfulness?"
Crewe's growing interest in the chessboard and his problem suddenly vanished. His eyes became instantly riveted on her face in a keen, questioning look.
"What is it to me or you that Mr. Holymead should be publicly proved guilty of this terrible thing?" she went on, passionately. "Why drag into the light my father's conduct in order to make a day's sensation for the newspapers? For his sake, what better thing could I do than let his memory rest?"
"Do you mean that Holymead should be allowed to go free?" he asked, in astonishment.
"Yes."
"I'm extremely sorry," he said slowly.
"Won't you let it all drop?" she pleaded.
"I could not take upon myself the responsibility of condoning such a crime—the responsibility of judging between your father and his murderer," he said solemnly. "But even if I could it is too late to think of doing so. There is already a warrant out for Holymead's arrest"
CHAPTER XXIX
The newspapers made a sensation out of the announcement of Holymead's arrest on a charge of having murdered Sir Horace Fewbanks. They declared that the arrest of the eminent K.C. on a capital charge would come as a surprising development of the Riversbrook case. It would cause a shock to his many friends, and especially to those who knew what a close friendship had existed between the arrested man and the dead judge. The papers expatiated on the fact that Holymead had appeared for the defence when Frederick Birchill had been tried for the murder. As the public would remember, Birchill had been acquitted owing to the great ability with which his defence was conducted.
It was somewhat remarkable, said the Daily Record, that in his speech for the defence Holymead had attempted to throw suspicion on one of the witnesses for the prosecution. The journal hinted that it was the result of something which Counsel for the defence had let drop at this trial that Inspector Chippenfield had picked up the clue which had led to Holymead's arrest. The papers had very little information to give the public about this new development of the Fewbanks mystery, but they boldly declared that some startling revelations were expected when the case came before the court.
In the absence of interesting facts apropos of the arrest of the distinguished K.C., some of the papers published summaries of his legal career, and the more famous cases with which he had been connected. These summaries would have been equally suitable to an announcement that Mr. Holymead had been promoted to the peerage or that he had been run over by a London bus.
There were people who declared without knowing anything about the evidence the police had in their possession that in arresting the famous barrister the police had made a far worse blunder than in arresting Birchill. It was even hinted that the arrest of the man who had got Birchill off was an expression of the police desire for revenge. To these people the acquittal of Holymead was a foregone conclusion. The man who had saved Birchill's life by his brilliant forensic abilities was not likely to fail when his own life was at stake.
But when the case came before the police court and the police produced their evidence, it was seen that there was a strong case against the prisoner. The whispers as to the circumstances under which the prisoner had taken the life of a friend of many years appealed to a sentimental public. These whispers concerned the discovery by the prisoner that his friend had seduced his beautiful wife. In the police court proceedings there were no disclosures under this head, but the thing was hinted at. In view of the legal eminence of the prisoner and the fear of the police that he would prove too much for any police officer who might take charge of the prosecution, the Direction of Public Prosecutions sent Mr. Walters, K.C., to appear at the police court. The prisoner was represented by Mr. Lethbridge, K.C., an eminent barrister to whom the prisoner had been opposed in many civil cases.
Inspector Chippenfield, who realised that the important position the prisoner occupied at the bar added to the importance of the officer who had arrested him, gave evidence as to the arrest of the prisoner at his chambers in the Middle Temple. With a generous feeling, which was possibly due to the fact that he was entitled to none of the credit of collecting the evidence against the prisoner, Inspector Chippenfield allowed Detective Rolfe a subordinate share in the glory that hung round the arrest by volunteering the information in the witness-box that when making the arrest he was accompanied by that officer. He declared that the prisoner made no remark when arrested and did not seem surprised. Mr. Walters produced a left-hand glove and witness duly identified it as the glove which he found in the room in which the murder took place.
Inspector Seldon gave formal evidence of the discovery of the body of Sir Horace Fewbanks on the 19th of August. Dr. Slingsby repeated the evidence that he had given at the trial of Birchill as to the cause of death, and was again professionally indefinite as to the length of time the victim had been dead when he saw the body. Thomas Taylor, taxi-cab driver, gave evidence as to driving the prisoner from Hyde Park Corner on the night of the 18th of August and the finding of the glove.
Crewe went into the witness-box and swore that on the second day after the discovery of the murder he was present at Riversbrook when the prisoner visited the house and saw Miss Fewbanks. When the prisoner arrived he was not carrying a walking-stick, but he had one in his hand when he took his departure from the house. Witness followed the prisoner, and a boy who collided with the prisoner knocked the stick out of his hands. Witness picked up the stick and inspected it. He identified the stick produced in court as the one which the prisoner had been carrying on that day.
The most difficult, and most important witness, as far as new evidence was concerned was Alexander Saunders, a big, broad red-faced Scotchman, whose firm grasp on the tam-o'-shanter he held in his hand seemed to indicate a fear that all the pickpockets in London had designs on it. With great difficulty he was made to understand his part in the witness-box, and some of the questions had to be repeated several times before he could grasp their meaning. Mr. Lethbridge humorously suggested that his learned friend should have provided an interpreter so that his pure English might be translated into Lowland Scotch.
By slow degrees Saunders was able to explain how he had found the pocket-book which Sir Horace Few-banks had lost while shooting at Craigleith Hall. Witness identified a letter produced as having been in the pocket-book when he found it. The letter, which had been written by the prisoner to Sir Horace Fewbanks, urged Sir Horace to return to London at once, as if he did so there was a good possibility of his obtaining promotion to the Court of Appeal. The writer promised to do all he could in the matter, and to call on Sir Horace at Riversbrook as soon as he returned from Scotland.
Percival Chambers, an elderly well-dressed man with a grey beard, and wearing glasses, who was secretary of the Master of Rolls, swore that he knew of no prospective vacancies on the Court of Appeal Bench. Were any vacancies of the kind in view he believed he would be aware of them.
This closed the case for the police, and Mr. Lethbridge immediately asked for the discharge of the prisoner on the ground that there was no case to go before a jury. The magistrate shook his head, and merely asked Mr. Lethbridge if he intended to reserve his defence. Mr. Lethbridge replied with a nod, and the accused was formally committed for trial at the next sittings at the Old Bailey.
The newspapers reported at great length the evidence given in the police court, and their reports were eagerly read by a sensation-loving public. Even those people who, when Holymead's arrest was announced, had ridiculed the idea of a man like Holymead murdering a lifelong friend, had to admit that the police had collected some damaging evidence. Those people who at the time of the arrest had prided themselves on possessing an open mind as to the guilt of the famous barrister, confessed after reading the police court evidence that there could be little doubt of his guilt. The only thing that was missing from the police court proceedings was the production of a motive for the crime, but it was whispered that there would be some interesting revelations on this point when the prisoner was tried at the Old Bailey.
Fortunately he had not long to wait for his trial, as the next sittings of the Central Criminal Court had previously been fixed a week ahead of the date of his commitment. That week was full of anxiety for Mr. Lethbridge, for he realised that he had a poor case. What increased his anxiety was the fact that Holymead insisted on the defence being conducted on the lines he laid down. It was a new thing in Lethbridge's experience to accept such instructions from a prisoner, but Holymead had threatened to dispense with all assistance unless his instructions were carried out. He was particularly anxious that his wife's name should be kept out of court as much as possible. Lethbridge had pointed out to him that the prosecution would be sure to drag it in at the trial in suggesting a motive for the murder, and that for the purposes of the defence it was best to have a full and frank disclosure of everything so that an appeal could be made to the jury's feelings. Holymead's beautiful wife, who was almost distracted by her husband's position, implored his Counsel to allow her to go into the box and make a confession. But that course did not commend itself to Lethbridge, who realised that she would make an extremely bad witness and would but help to put the rope round her husband's neck. He put her off by declaring that there was a good prospect of her husband being acquitted, but that if the verdict unfortunately went against him her confession would have more weight in saving him, when the appeal against the verdict was heard.
It amazed Lethbridge to find that the prisoner expressed the view that Birchill had committed the murder. This view was based on his contention that Sir Horace Fewbanks was alive when he (Holymead) left him about ten o'clock. The interview between them had been an angry one, but Holymead persisted in asserting that he had not shot his former friend. He declared that he had not taken a revolver with him when he went to Riversbrook.
Lethbridge was one of those barristers who believe that a knowledge of the guilt of a client handicapped Counsel in defending him. He had his private opinion as to the result of the angry interview between Holymead and Sir Horace Fewbanks, but he preferred that Holymead should protest his innocence even to him. That made it easier for him to make a stirring appeal to the jury than it would have been if his client had fully confessed to him. His private opinion as to the author of the crime was strengthened by Holymead's admission that Birchill had not confessed to him or to his solicitor at the time of his trial that he had shot Sir Horace Fewbanks. He was astonished that Holymead had taken up Birchill's defence, but Holymead's explanation was the somewhat extraordinary one that the man who had killed the seducer of his wife had done him a service by solving a problem that had seemed insoluble without a public scandal. There was no doubt that although Sir Horace Fewbanks was in his grave, Holymead's hatred of him for his betrayal of his wife burned as strongly as when he had made the discovery that wrecked his home life. Neither death nor time could dim the impression, nor lessen his hatred for the dead man who had once been his closest friend.
Lethbridge, feeling that it was his duty as Counsel for the prisoner to try every avenue which might help to an acquittal, asked Mr. Tomlinson, the solicitor who was instructing him in the case, to find Birchill and bring him to his chambers. Birchill was found and kept an appointment. Lethbridge explained to him that he had nothing further to fear from the police with regard to the murder of Sir Horace Fewbanks. Having been acquitted on this charge he could not be tried on it again, no matter what discoveries were made. He could not even be tried for perjury, as he had not gone into the witness-box. Having allowed these facts to sink home, he delicately suggested to Birchill that he ought to come forward as a witness for the defence of Holymead—he ought to do his best to try and save the life of the man who had saved his life.
"What do you want me to swear?" asked Birchill, in a tone which indicated that although he did not object to committing perjury, he wanted to know how far he was to go.
"Well, that Sir Horace Fewbanks was alive when you went to Riversbrook," suggested Lethbridge.
"But I tell you he was dead," protested Birchill. He seemed to think that reviving a dead man was beyond even the power of perjury.
"That was your original story, I know," agreed Lethbridge suavely. "But as you were not put into the witness-box to swear it you can alter it without fear of any consequences."
"You want me to swear that he was alive?" said Birchill, meditatively.
"If you can conscientiously do so," replied Lethbridge.
"That he was alive when I left Riversbrook?" asked Birchill.
"Well, not necessarily that," said Lethbridge.
Birchill sprang up in alarm.
"Good God, do you want me to swear that I killed him?" he demanded.
Lethbridge endeavoured to explain that he would have nothing to fear from such a confession in the witness-box, but Birchill would listen to no further explanations. He felt that he was in dangerous company, and that his safety depended on getting out of the room.
"You've made a mistake," he said, as he reached the door. "If you want a witness of that kind you ought to look for him in Colney Hatch."
CHAPTER XXX
The impending trial of Holymead produced almost as much excitement in staid legal circles as it did among the general public. It was rumoured that there was a difficulty in obtaining a judge to preside at the trial, as they all objected to being placed in the position of trying a man who was well-known to them and with whom most of them had been on friendly terms. There was a great deal of sympathy for the prisoner among the judges. Of course, they could not admit that any man had the right to take the law into his own hands, but they realised that if any wrong done to an individual could justify this course it was the wrong Sir Horace Fewbanks had done to an old friend.
When it became known that Mr. Justice Hodson was to preside at the Old Bailey during the trial of Holymead, legal rumour concerned itself with statements to the effect that there was now a difficulty in obtaining a K.C. to undertake the prosecution. When it was discovered that Mr. Walters, K.C., was to conduct the prosecution, it was whispered that he had asked to be relieved of the work and had even waited on the Attorney-General in the matter, but that the latter had told him that he must put his personal feelings aside and act in accordance with that high sense of duty he had always shown in his professional career.
In Newgate Street a long queue of people waited for admission to Old Bailey on the day the trial was to begin. They were inspected by two fat policemen to decide whether they appeared respectable enough to be entitled to a free seat at the entertainment in Number One Court. When the doors opened at 10.15 a.m. the first batch of them were admitted, but on reaching the top of the stairs, where they were inspected by a sergeant, they were informed that all the seats in the gallery of Number One Court had been filled, but that he would graciously permit them to go to Numbers Two, Three, Four, or Five Courts. Those who were not satisfied with this generosity could get out the way they had come in and be quick about it. What the sergeant did not explain was that so many people with social influence had applied to the presiding judge for permission to be present at the trial that it had been found necessary to reserve the gallery for them as well as most of the seats in the body of the court. Fashionably-dressed ladies and well-groomed men drove up to the main entrance of the Old Bailey in motors and taxi-cabs. The scene was as busy as the scene outside a West End theatre on a first night. The services of several policemen were necessary to regulate the arrival and departure of taxi-cabs and motor-cars and to keep back the staring mob of disappointed people who had been refused admission to the court by the fat sergeant, but were determined to see as much as they could before they went away. Elderly ladies and young ladies were assisted from smart motor-cars by their escorts, and greeted their friends with feminine fervour. Some of the younger ones exchanged whispered regrets, as they swept into the court, that such a fine-looking man as Holymead should have got himself into such a terrible predicament.
The legal profession was numerously represented among the spectators in the body of the court. So many distinguished members of the profession had applied for tickets of admission that there was little room for members of the junior bar. It was many years since a trial had created so much interest in legal circles. When Mr. Justice Hodson entered the court, followed by no fewer than eight of the Sheriffs of London, those present in the court rose. The members of the profession bowed slowly in the direction of His Honour. The prisoner was brought into the dock from below, and took the seat that was given to him beside one of the two warders who remained in the dock with him. He looked a little careworn, as though with sleepless nights, but his strong, clean-shaven face was as resolute as ever, and betrayed nothing of the mental agony which he endured. His keen dark eyes glanced quietly through the court, and though many members of the bar smiled at him when they thought they had caught his eye, he gave no smile in return. As he looked at Mr. Justice Hodson, the distinguished judge inclined his head to what was almost a nod of recognition, but the prisoner looked calmly at the judge as though he had never seen him before and had never been inside a court in his life till then.
Among those persons standing in the body of the court were Crewe and Inspector Chippenfield and Detective Rolfe. Inspector Chippenfield displayed so much friendliness to Crewe as he drew his attention to the number of celebrities in court that it was evident he had buried for the time being his professional enmity. This was because Crewe had allowed him to appropriate some of the credit of unravelling Holymead's connection with the crime. As the jury were being sworn in Crewe and Chippenfield made their way out of court into the corridor. As they were to be called as witnesses they would not be allowed in court until after they had given their evidence.
Mr. Walters in his opening address paid tribute to the exceptional circumstances of the case by some slight show of nervousness. Several times he insisted that the case was what he termed unique. The prisoner in the dock was a man who by his distinguished abilities had won for himself a leading position at the bar, and had been honoured and respected by all who knew him. It was not the first occasion that a member of the legal profession had been placed on trial on a capital charge, though he was glad to say, for the honour of the profession, that cases of the kind were extremely rare. But what made the case unique was that it was not the first trial in connection with the murder of Sir Horace Fewbanks, and that at the first trial when a man named Frederick Birchill had been placed in the dock, the prisoner now before the court had appeared as defending Counsel, and by his brilliant conduct of the defence had materially contributed to the verdict of acquittal which had been brought in by the jury. Some evidence would be placed before the jury about the first trial and the conduct of the defence. He ventured to assert that the jury would find in this evidence some damaging facts against the prisoner—that they would find a clear indication that the prisoner had defended Birchill because he knew himself to be guilty of this murder, and felt an obligation on him to place his legal knowledge and forensic powers at the disposal of a man whom he knew to be innocent. At the former trial the prisoner, as Counsel for the defence, had attempted to throw suspicion on a man named Hill, who had been butler to the late Sir Horace Fewbanks, but evidence would be placed before the jury to show that in doing so the prisoner had been smitten by some pangs of conscience at casting suspicion on a man who he knew was not guilty.
It was not incumbent on the prosecution to prove a motive for the murder, continued Mr. Walters, though where the motive was plainly proved the case against the prisoner was naturally strengthened. In this case there was no doubt about the motive, but the extent of the evidence to be placed before the jury under that head would depend upon the defence. The prosecution would submit some evidence on the point, but the full story could only be told if the defence placed the wife of the prisoner in the witness-box. It was impossible for the prosecution to call her as a witness, as English law prevented a wife giving evidence against her husband. She could, however, give evidence in favour of her husband, and doubtless the defence would take full advantage of the privilege of calling her.
The evidence which he intended to call would show that for years past very friendly relations had existed between the prisoner and the murdered man. They had been at Cambridge together and had studied law together in chambers. Their friendship continued after their marriages. The prisoner had married a second time, and at that time Sir Horace Fewbanks was a widower. Sir Horace Fewbanks was what was known as a ladies' man, and at the previous trial prisoner, as defending Counsel, had tried to bring out that Sir Horace was a man of immoral reputation among women. There was no doubt that the prisoner, during Sir Horace's absence in Scotland, became convinced that Sir Horace had been paying attention to his wife. There was no doubt that, being a man of a jealous disposition, his suspicions went beyond that. At any rate he wrote a letter to Sir Horace at Craigleith Hall, where the latter was shooting, asking him to come to London at once. In order to induce Sir Horace to return, and in order not to arouse suspicion as to his real object, he concocted a story about a vacancy in the Court of Appeal Bench to which, it appeared, Sir Horace Fewbanks desired to be appointed. In this letter, which would be produced in evidence, the prisoner pretended to be working in Sir Horace's interests, and offered to meet him on the night of his return at Riversbrook and let him know fully how matters stood. Sir Horace apparently wrote to the prisoner making an appointment with him for the night of the 18th of August. The prisoner kept that appointment, charged Sir Horace with carrying on an intrigue with his wife, and then shot him.
"That is the case for the prosecution which I will endeavour to establish to the satisfaction of the jury," said Mr. Walters, in concluding his speech, "Of course it is impossible to produce direct evidence of the actual shooting. But I will produce a silent but indisputable witness in the form of a glove which belonged to the prisoner, that he was present in the room in which the murder took place. I will produce evidence to show that the prisoner left his stick behind in the hat-stand in the hall on the night of the murder. These things prove conclusively that he left Riversbrook in a state of considerable excitement. The fact that after the murder was discovered he kept hidden in his own breast the knowledge that he had been there on that night, instead of going to the police and, in the endeavour to assist them to detect the murderer of his lifelong friend, informing them that he had called on Sir Horace, shows conclusively that he went there on a mission on which he dared not throw the light of day."
Those witnesses who had given evidence at the police court were called and repeated their statements. Inspector Seldon was closely cross-examined by Mr. Lethbridge as to the way in which the dead body was dressed when he discovered it. He declared that Sir Horace had been wearing a light lounge suit of grey colour, a silk shirt, wing collar and black bow tie. Dr. Slingsby's cross-examination was directed to ascertaining as near as possible the time when the murder was committed, but this was a point on which the witness allowed himself to be irritatingly indefinite. The murder might have taken place three or four hours before midnight on the 18th of August, and on the other hand it might have taken place any time up to three or four hours after midnight.
Hill, who had not been available as a witness at the police court—being then on the way back from America in response to a cablegram from Crewe—reappeared as a witness. He looked much more at ease in the witness-box than on the occasion when he gave evidence against Birchill. He had fully recovered from his terror of being arrested for the murder, and obviously had much satisfaction in giving evidence against the man who, according to his impression, had tried to bring the crime home to him.
He gave evidence as to the unexpected return of his master from Scotland on the 18th of August, and also in regard to the relations between his master and Mrs. Holymead. On several occasions he had seen his master kiss Mrs. Holymead, and once he had heard the door of the room in which they were together being locked.
Two new witnesses were called to testify to the suggestion of the prosecution that illicit relations had existed between Sir Horace Fewbanks and Mrs. Holymead. These were Philip Williams, who had been the dead man's chauffeur, and Dorothy Mason, who had been housemaid at Riversbrook. The chauffeur gave evidence as to meeting Mrs. Holymead's car at various places in the country. He formed the opinion from the first that these meetings between Sir Horace and the lady were not accidental.
The last of the prosecution's witnesses was the legal shorthand writer who had taken the official report of the trial of Birchill. In response to the request of Mr. Walters, he read from his notebook the final passage in the opening address delivered by the prisoner at that trial as defending Counsel: "'It is my duty to convince you that my client is not guilty, or, in other words, to convince you that the murder was committed before he reached the house. It is only with the greatest reluctance that I take upon myself the responsibility of pointing an accusing finger at another man. In crimes of this kind you cannot expect to get anything but circumstantial evidence. But there are degrees of circumstantial evidence, and my duty to my client lays upon me the obligation of pointing out to you that there is one person against whom the existing circumstantial evidence is stronger than it is against my client.'"
Mr. Lethbridge was unexpectedly brief in his opening address. He ridiculed the idea that a man like the prisoner, trained in the atmosphere of the law, would take the law into his own hands in seeking revenge for a wrong that had been done to him. According to the prosecution the prisoner had calmly and deliberately carried out this murder. He had sent a letter to Sir Horace Fewbanks with the object of inducing him to return to London, and had subsequently gone to Riversbrook and shot the man who had been his lifelong friend. Could anything be more improbable than to suppose that a man of the accused's training, intellect, and force of character, would be swayed by a gust of passion into committing such a dreadful crime like an immature ignorant youth of unbalanced temperament? The discovery that his wife and his friend were carrying on an intrigue would be more likely to fill him with disgust than inspire him with murderous rage. He would not deny that accused had gone up to Riversbrook a few hours after Sir Horace Fewbanks returned from Scotland; he would admit that when the accused sought this interview he knew that his quondam friend had done him the greatest wrong one man could do another; but he emphatically denied that the prisoner killed Sir Horace Fewbanks or threatened to take his life.
His learned friend had asked why had not the prisoner gone to the police after the murder was discovered and told them that he had seen Sir Horace at Riversbrook that night. The answer to that was clear and emphatic. He did not want to take the police into his confidence with regard to the relations that had existed between his wife and the dead man. He wanted to save his wife's name from scandal. Was not that a natural impulse for a high-minded man? The prisoner had believed that in due course the police would discover the actual murderer, and that in the meantime the scandal which threatened his wife's name would be buried with the man who had wronged her. If the prisoner could have prevented it his wife's name would not have been dragged into this case even for the purpose of saving himself from injustice. But the prosecution, in order to establish a motive for the crime, had dragged this scandal into light. He did not blame the prosecution in the least for that. In fact he was grateful to his learned friend for doing so, for it had released him from a promise extracted from him by the prisoner not to make any use of the matter in his conduct of the case. The defence was that, although the accused man had gone to Riversbrook on the night of the 18th of August to accuse Sir Horace Fewbanks of base treachery, he went there unarmed, and with no intention of committing violence. No threats were used and no shot was fired during the interview. And in proof of the latter contention he intended to call witnesses to prove that Sir Horace Fewbanks was alive after the prisoner had left the house.
The name of Daniel Kemp was loudly called by the ushers, and when Kemp crossed the court on the way to the witness-box, Chippenfield and Crewe, who had returned to the court after giving their evidence, looked at one another.
"He's a dead man," whispered Chippenfield, nodding his head towards the prisoner, "if this is a sample of their witnesses."
Kemp had brushed himself up for his appearance in the witness-box. He wore a new ready-made tweed suit; his thick neck was encased in a white linen collar which he kept fingering with one hand as though trying to loosen it for his greater comfort; and his hair had been plastered flat on his head with plenty of cold water. His red and scratched chin further indicated that he had taken considerable pains with a razor to improve his personal appearance in keeping with his unwonted part of a respectable witness in a place which knew a more sinister side of him. As he stood in the witness-box, awkwardly avoiding the significant glances that the Scotland Yard men and the police cast at him, he appeared to be more nervous and anxious than he usually was when in the dock. But Crewe, who was watching him closely, was struck by the look of dog-like devotion he hurriedly cast at the weary face of the man in the dock before he commenced to give his evidence.
He told the court a remarkable story. He declared that Birchill had told him on the 16th of August that he had a job on at Riversbrook, and had asked him to join him in it. When Birchill explained the details witness declined to have a hand in it. He did not like these put-up jobs.
Mr. Lethbridge interposed to explain to any particularly unsophisticated jurymen that "a put-up job" meant a burglary that had been arranged with the connivance of a servant in the house to be broken into.
Kemp declared that the reason he had declined to have anything to do with the project to burgle Riversbrook was that he felt sure Hill would squeak if the police threatened him when they came to investigate the burglary. He happened to be at Hampstead on the evening of the 18th of August and he took a walk along Tanton Gardens to have another look at the place which Birchill was to break into. It had occurred to him that things might not be square, and that Hill might have laid a trap for Birchill. That was about 9.30 p.m. He was just able to catch a glimpse of the house through the plantation in front of it. The mansion appeared all in darkness, but while he looked he was surprised to see a light appear in the upper portion of the house which was visible from the road. He went through the carriage gates with the intention of getting a closer view of the house. As he walked along he heard a quick footstep on the gravel walk behind him, and he slipped into the plantation. Looking out from behind a tree he could discern the figure of a man walking quickly towards the house. As he drew near him the man paused, struck a match and looked at his watch, and he saw that it was Mr. Holymead. Witness's suspicions in regard to a trap having been laid for Birchill were strengthened, and he decided to ascertain what was in the wind. He crept through the plantation to the edge of the garden in front of the house. From there he could hear voices in a room upstairs. He tried to make out what was being said, but he was too far away for that. In about half an hour the voices stopped, and a minute later a man came out of the house and walked down the path through the garden, and entered the carriage drive close to where witness was concealed in the plantation. As he passed him witness saw that it was Mr. Holymead.
About five minutes afterwards the window upstairs in the room where the voices had come from was opened, and Sir Horace Fewbanks leaned out and looked at the sky as if to ascertain what sort of a night it was. He was quite certain that it was Sir Horace Fewbanks. He was well acquainted with that gentleman's features, having been sentenced by him three years ago. Sir Horace seemed quite calm and collected. Witness was so surprised to see him, after having been told by Birchill that he was in Scotland, that he did not take his eyes off him during the two or three minutes that he remained at the window, breathing the night air. Sir Horace was fully dressed. He had on a light tweed suit, and he was wearing a soft shirt of a light colour, with a stiff collar, and a small black bow tie. When Sir Horace closed the window witness jumped over the fence back into the wood and made his way to the Hampstead Tube station with the intention of warning Birchill that Sir Horace Fewbanks was at home. He waited at the station over an hour, and as he did not see Birchill he then made his way home. During the time he was in the garden at Riversbrook listening to the voices, he heard no sound of a shot. He was certain that no shot had been fired inside the house from the time the prisoner entered the house until he left. Had a shot been fired witness could not have failed to hear it.
There could be no doubt that the effect produced in court by the evidence of the witness was extremely favourable to the prisoner. Kemp had told a plain, straightforward story. The fact that he had shown no reluctance in disclosing in his evidence that he was a criminal and the associate of criminals seemed to add to the credibility of his evidence. It was felt that he would not have come to court to swear falsely on behalf of a man who was so far removed from the class to which he belonged.
While Kemp was giving his evidence, Crewe had despatched a messenger to his chambers in Holborn for Joe. When the boy returned with the messenger Kemp was still in the witness-box, undergoing an examination at the hands of the judge. Sir Henry Hodson seemed to have been impressed by the witness's story, for he asked Kemp a number of questions, and entered his answers in his notebook.
"Joe," whispered Crewe, as the boy stole noiselessly behind him, "look at that man in the witness-box. Have you ever seen him before?"
"Rayther, guv'nor!" whispered the boy in reply. "Why, it's 'im who tried to frighten me in the loft if I didn't promise to give up watching Mr. Holymead."
"You are quite certain, Joe?"
"Certain sure, guv'nor. There ain't no charnst of me mistaking a man like that."
Crewe listened intently to Kemp's evidence, and he watched the man's face as he swore that he had seen Sir Horace Fewbanks leaning out of the window after Holymead had left the house. He hastily took out a notebook, scribbled a few lines on one of the leaves, tore it out, and beckoned to a court usher.
"Take that to Mr. Walters," he whispered.
The man did so. Mr. Walters opened the note, adjusted his glasses and read it. He started with surprise, read the note through again, then turned round as though in search of the writer. When he saw Crewe he raised his eyebrows interrogatively, and the detective nodded emphatically.
Mr. Lethbridge sat down, having finished his examination of Kemp. Mr. Walters, with another glance at Crewe's note, rose slowly in his place.
"I ask Your Honour that I may be allowed to defer until the morning my cross-examination of this witness," he said. "I am, of course, in Your Honour's hands in this matter, but I can assure Your Honour that it is desirable—highly desirable—in the interests of justice that the cross-examination of the witness should be postponed."
"I protest, Your Honour, against the cross-examination of the witness being deferred," said Mr. Lethbridge. "There is no justification of it."
"I would urge Your Honour to accede to my request," said Mr. Walters. "It is a matter of the utmost importance."
"Is your next witness available, Mr. Lethbridge?" asked the judge.
"Surely, Your Honour, you're not going to allow the cross-examination of this witness to be postponed?" protested Mr. Lethbridge. "My learned friend has given no reason for such a course."
Sir Henry Hodson looked at the court clock.
"It is now within a quarter of an hour of the ordinary time for adjournment," he began. "I think the fairest way out of the difficulty will be to adjourn the court now until to-morrow morning."
There was a loud buzz of conversation when the court adjourned. After asking Chippenfield and Rolfe to wait for him, Crewe made his way to Mr. Walters, and, after a few whispered words with that gentleman, Mr. Mathers, his junior, and Mr. Salter, the instructing solicitor, he returned to Chippenfield and Rolfe and asked them to accompany him in a taxi-cab to Riversbrook.
"What do you want to go out there for?" asked Inspector Chippenfield. "You don't expect to discover anything there this late in the day, do you?"
"I want to find out whether this man Kemp is lying or telling the truth."
"Of course he is lying," replied the positive police official. "When you've had as much experience with criminals as I have had, Mr. Crewe, you won't expect a word of truth from any of them."
"Well, let us go to Riversbrook and prove that he is lying," said Crewe.
"We'll go with you," said Inspector Chippenfield, speaking for Rolfe and himself. He did not understand how Crewe expected to obtain any evidence at Riversbrook about the truth or falsity of Kemp's story, but he did not intend to admit that. "But you can set your mind at rest. No jury will believe Kemp after we've given them his record in cross-examination."
Rolfe, whose association with Crewe in the case had awakened in him a keen admiration for the private detective's methods and abilities, permitted himself to defy his superior officer to the extent of saying that "the best way to prove Kemp a liar is to prove that his story is false." |
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