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"But Ronald was a stranger to the place. How would he know the umbrella was in the lumber-room?" said Colwyn, who had followed Galloway's narrative with close attention.
"The door of the lumber-room stands ajar. Ronald probably looked in from curiosity, and saw the umbrella."
The easy assurance with which Superintendent Galloway dismissed or got over difficulties which interfered with his own theory did not commend itself to Colwyn, but he did not pursue the point further.
"Is the umbrella still missing?" he asked.
"Yes. It seems that even a murderer cannot be trusted to return an umbrella." Superintendent Galloway laughed shortly at his grim joke and walked away to supervise the preparations for the inquest.
The coroner presently arrived from Heathfield in a small runabout motor-car which he drove himself, with a tall man sitting beside him, and a short pursy young man in the back seat nursing a portable typewriter and an attache case on his knees. Toiling in the rear, some distance behind the car, was a figure on a bicycle, which subsequently turned out to be the reporter of the Heathfield local paper, who had come over with instructions from one of the London agencies to send a twenty line report of the inquest for the London press. In peace times "specials" would probably have been despatched from the metropolis to "do a display story," and interview some of the persons concerned, but the war had discounted by seventy-five per cent the value of murders as newspaper "copy."
The coroner, a short, stout, commonplace little man, jumped out of the car as soon as it stopped, and bustled into the inn with an air of fussy official importance, leaving his companions to follow.
"Good day, Galloway," he exclaimed, as that officer came forward to greet him. "I hope you've got everything ready."
"Everything's ready, Mr. Edgehill. Do you intend to commence before lunch?"
"Of course I do. Are you aware that it is war-time? How many witnesses have you?"
"Five, sir. Their statements have all been taken."
"Then I shall go straight through—it seems a simple case—merely a matter of form, from what I have heard of it. I have another inquest at Downside at four o'clock. Where's the body? Upstairs? Doctor"—this to the tall thin man who had sat beside him in the run-about—"will you go upstairs with Queensmead and make your examination? Where's the jury? Pendy"—this to the young man with the typewriter and attache case—"get everything ready and swear in the jury. Galloway will show you the room. What's that? Oh, that's quite all right"—this in reply to some murmured apology on the part of Superintendent Galloway for the mental incapacity of the jury—"we ought to be glad to get juries at all—in war-time."
Colwyn had feared that the result of the inquest was a foregone conclusion the moment he saw the coroner alighting from his motor-car outside the inn. Ten minutes later, when the little man had commenced his investigations, he realised that the proceedings were merely a formal compliance with the law, and in no sense of the word an inquiry.
Mr. Edgehill, the coroner, was one of those people who seized upon the war as a pretext for the exercise of their natural proclivity to interfere in other people's affairs. He took the opportunity that every inquest gave him to lecture the British public on their duties and responsibilities in war-time. The body on which he was sitting formed his text, the jury was his congregation, and the newspaper reporters the vehicles by which his admonitions were conveyed to the nation. Mr. Edgehill saw a shirker in every suicide, national improvidence in a corpse with empty pockets, and had even been able to discover a declining war morale in death by misadventure. He thanked God for air raids and food queues because they brought the war home to civilians, and he was never tired of asserting that he lived on half the voluntary rations scale, did harder work, felt ten years younger, and a hundred times more virtuous, in consequence.
If he did not actually insert the last clause his look implied a superior virtue to his fellow creatures, and was meekly accepted as such. He never held an inquest without introducing some remarks upon uninterned aliens, the military age, Ireland and conscription, soldiers' wives and drinking, the prevalence of bigamy, and other popular war-time topics. In short, Mr. Edgehill, like many other people, had used the war to emerge from a chrysalis existence as a local bore into a butterfly career as a public nuisance. In that capacity he was still good "copy" in some of the London newspapers, and was even occasionally referred to in leading articles as a fine example of the sturdy country spirit which Londoners would do well to emulate.
Before commencing his inquiry into the death of Mr. Glenthorpe, the coroner indignantly expressed his surprise that a small hamlet like Flegne could produce so many able-bodied men to serve on a jury in war-time. But after ascertaining that all the members of the jury were over military age, with the exception of one man who was afflicted with heart disease, he suffered the inquest to proceed.
The evidence of the innkeeper and the waiter was a repetition of the story they had told to the chief constable on the preceding day. Constable Queensmead, in his composed way, gave an account of his preliminary investigations into the crime, and the finding of the body.
The only additional evidence brought forward was given by two of the men who had been in the late Mr. Glenthorpe's employ. These men, Herward and Duney, had found the track of the footprints in the clay near the pit on going to work the previous morning. After the discovery that Mr. Glenthorpe was missing from the inn, Herward had been let down into the pit by a rope, and had brought up the body. Both these men told their story with a wealth of unlettered detail, and Duney, who was one of the aboriginals of the district, added his personal opinion that t'oud ma'aster mun 'a' been very dead afore the chap got him in the pit, else he would 'a' dinged one of the chap's eyes in, t'oud ma'aster not bein' a man to be taken anywhere against his will. However, the chap that carried him must 'a' been powerful strong, because Herward told him his own arms were begunnin' ter ache good tidily just a-howdin' him up to the rope when they wor being a-hawled out the pit.
The coroner, in his summing up, dwelt upon the strong circumstantial evidence against Ronald, and the folly of the deceased in withdrawing a large sum of money from the bank for the purpose of carrying out scientific research in war-time. "Had he invested that money in war bonds he would have probably been alive to-day," said Mr. Edgehill gravely. The jury had no hesitation in returning a verdict of wilful murder against James Ronald.
The coroner, the doctor, the clerk carrying the typewriter and the attache case, and Superintendent Galloway departed in the runabout motor-car shortly afterwards. Before evening a mortuary van, with two men, appeared from Heathfield and removed the body of the murdered man.
CHAPTER XII
If the inmates of the inn felt any surprise at Colwyn's remaining after the inquest, they did not betray it. That evening Ann nervously intercepted him to ask if he would have a partridge for his dinner, and Colwyn, remembering the shortness of the inn larder, replied that a partridge would do very well. Later on Charles served it in the bar parlour, and waited with his black eyes fixed on Colwyn's lips, sometimes anticipating his orders before they were uttered. He brought a bottle of claret from the inn cellar, assuring Colwyn in his soft whisper that he would find the wine excellent, and Colwyn, after sampling it, found no reason for disagreeing with the waiter's judgment.
At the conclusion of the meal Colwyn sent for the innkeeper, and asked him a number of questions about the district and its inhabitants. The innkeeper intimated that Flegne was a poor place at the best of times, but the war had made it worse, and the poorer folk—the villagers who lived in the beach-stone cottages—were sometimes hard-pressed to keep body and soul together. They did what they could, eking out their scanty earnings by eel-fishing on the marshes, and occasionally snaring a few wild fowl. Mr. Glenthorpe's researches in the district had been a godsend because of the employment he had given, which had brought a little ready money into the place.
It was obvious to Colwyn's alert intelligence that the innkeeper did not care to talk about his dead guest.
There was no visible reluctance—indeed, it would have been hard to trace the sign of any particular emotion on his queer, bird-like face—but his replies were slow in coming when questioned about Mr. Glenthorpe, and he made several attempts to turn the conversation in another direction. When he had finished a glass of wine Colwyn offered him, he got up from the table with the remark that it was time for him to return to the bar.
"I will go with you," said Colwyn. "It will help to pass away an hour."
There were about a dozen men in the bar—agricultural labourers and fishermen—clustered in groups of twos and threes in front of the counter, or sitting on stools by the wall, drinking ale by the light of a smoky oil lamp which hung from the rafters. The fat deaf waiter was in the earthy recess behind the counter, drawing ale into stone mugs.
A loud voice which had been holding forth ceased suddenly as Colwyn entered. The inmates of the bar regarded him questioningly, and some resentfully, as though they considered his presence an intrusion. But Colwyn was accustomed to making himself at home in all sorts of company. He walked across the bar, called for some whisky, and, while it was being served, addressed a friendly remark to the nearest group to him. One of the men, a white-bearded, keen-eyed Norfolk man, answered his question civilly enough. He had asked about wild fowl shooting in the neighbourhood, and the old man had been a water bailiff on the Broads in his younger days. The question of sport will draw most men together. One after another of the villagers joined in the conversation, and were soon as much at home with Colwyn as though they had known him from boyhood. Some of them were going eel-fishing that night, and Colwyn violated the provisions of the "no treating" order to give them a glass of whisky to keep out the cold of the marshes. The rest of the tap room he regaled with ale.
From these Norfolk fishermen Colwyn learnt many of the secrets of the wild and many cunning methods of capturing its creatures, but the real object of his visit to the bar—to discover whether any of the frequenters of the Golden Anchor had ever seen Ronald in the district before the evening of the murder—remained unsatisfied. He was a stranger to "theer" parts, the men said, in response to questions on the subject.
But "theer" parts were limited to a mile or so of the marshland in which they spent their narrow, lonely lives. Their conversation revealed that they seldom went outside that narrow domain. Durrington, which was little more than ten miles away, was only a name to them. Many of them had not been as far as Leyland for months. They spent their days catching eels in the marsh canals, or in setting lobster and crab traps outside the breakwater. The agricultural labourers tilled the same patch of ground year after year. They had no recreations except an occasional night at the inn; their existence was a lifelong struggle with Nature for a bare subsistence. Most of them had been born in the beach-stone cottages where their fathers had been born before them, and most of them would die, as their fathers had died, in the little damp bedrooms where they had first seen the light, passing away, as their fathers had passed away, listening to the sound of the North Sea restlessly beating against the breakwater. That sound was never out of their ears while they lived, and it was the dirge to which they died. Such was their life, but they knew no other, and wished no other.
Colwyn was early astir the following morning, and after breakfast went out. His purpose was to try to discover something which would throw light on Ronald's appearance at Flegne. With that object he scoured the country for some miles in the direction of Heathfield, for he deemed the possibility of Ronald having come by that route worth inquiring into. But his time was wasted; none of his inquiries brought to light anything to suggest that Ronald had ever been in the district before.
When he returned to the village the day was more than half spent. As he entered the inn, he encountered Charles, who stopped when he saw him.
"There are two men in the bar asking to see you, sir," he said, in his soft whisper. "Duney and Backlos are their names. They say they saw you in the bar last night, and they would like to speak to you privately, if you have no objection."
"Show them into the bar parlour," the detective said. "And, Charles, you might ask Ann to let me have a little lunch when they are gone."
Colwyn proceeded to the bar parlour. A moment or two afterwards the waiter ushered in two men and withdrew, closing the door after him.
In response to Colwyn's request, his two visitors seated themselves awkwardly, but they seemed to have considerable difficulty in stating the object of their visit. Duney, one of the men who had helped to recover Mr. Glenthorpe's body from the pit, was a short, thickset, hairy-faced man, with round surprised eyes, which he kept intently fixed upon the detective's face, as though seeking inspiration for speech from that source. The other man, Backlos, was a tall, hawk-featured man with a sweeping black moustache, who needed only gaudy habiliments to make him the ideal pirate king of the comic opera stage. It was he who spoke first.
"If you please, ma'aster, we uns come to you thinkin' as you might gi' us a bit o' advice."
"About somefin' we seed last night," explained Mr. Duney, finding his own voice at the sound of his companion's.
"I thowt 'ow 'twas agreed 'tween us I wor to tell the gentleman, bor?" growled the pirate king, turning a pair of dusky eyes on his companion. "Yow allus have a way o' overdoin' things, you know, Dick."
"Right, bor, right," replied Mr. Duney. "Yow oughter know I only wanted to help yow out, Billy."
"I dawn't want onny helpin' out," replied the pirate. "It's loike this 'ere, ma'aster," he continued, turning again to Colwyn. "Arter Dick and I left the Anchor las' night, we thowt we'd be walkin' a spell. We wor a talkin' o' th' murder at th' time, and wonderin' what we wor to do fur another job o' work, things bein' moighty bad heerabouts, when, as we neared top o' th' rise, we heered the rummiest kind o' noise a man ever heerd, comin' from that theer wood by th' pits. Dick says to me, in a skeered kind of voice, 'That's fair a rum un,' says he. There wornt much mune at th' time, but we could see things clar enough, and thow we looked around us we couldn't see a livin' thing a movin' either nigh th' woods nor on th' ma'shes. While we looked we seed a big harnsee rise out o' th' woods and go a flappin' away across th' ma'shes. Then all of a suddint we saw somefin' come a-wamblin' outer the shadder o' the wood, and run along by th' edge of ut. We couldn't make out a' furst what it moight be, thow for sure we got a rare fright. For my part, I thowt it might a' been ole Black Shuck, thow th' night didn't seem windy enough for un."
"Stop a bit," said Colwyn. "What do you mean by Black Shuck? Oh, I remember. It's a Norfolk tradition or ghost story, isn't it? Black Shuck is supposed to be a big black dog, with one eye in the middle of the head, who runs without sound and howls louder than the wind. Whoever meets him is sure to die before the year is out."
"That's him," said Mr. Backlos, affirming, with a grave nod of his head, his own profound belief in the canine apparition in question. "My grandfeyther seen un once not a hundred yards from the very spot were we wor standin' last night, and, sure enough, he died afore three months wor out. Dick and I couldn't tell what it wor we see creepin' out o' th' shadder o' th' wood, an' to tell yow th' trewth, ma'aster, we didn't care to look agen. I asked Dick if he didn't think it wor Black Shuck. 'Naw daywt,' says Dick, 'if it ain't somefin' worse.' 'What do'st a' mean, bor?' says I. 'Well,' says Dick slowly like, 'it might be the sperrit from th' pit, for 'twas in no mortal man to holler out like that cry we just heered.' Wornt those yower words, bor?"
Mr. Duney, thus appealed to, nodded portentously, as though to indicate that his words were well justified.
"Never mind the spirit from the pit," said Colwyn. "Go on with your story."
"Well, ma'aster, just as we wor walkin' away from th' wood as fast as ever we could, th' mune come out from behind th' shadder of a cloud, and threw a light right ower th' wood. We just happened to give a glance round ahind us at th' time, to see if we wor bein' follered, and, by its light, we saw a man a creepin' back into th' wood."
"A man? Are you sure it was a man?"
"There's no manner o' doubt about that, ma'aster. We both saw it once, and we didn't wait to look again. We run as hard as we could pelt to Dick's cottage by the ma'shes, and got inside and stood listenin' to heer if we were bein' follered. Dick says to me, says 'e, 'S'posen it wor the chap who murdered owd Mr. Glenthorpe at the Anchor?' I thowt as much meself, but a' tried to laugh it off, and says to Dick, 'What for should it be him? He's far enough away by this time, for we s'arched the place round fur miles, and we took in that theer wood where we just see un.' 'We never s'arched th' wood,' says Dick, 'leastways, not proper, an' it's a rare hidin' place for un.' 'So it be, to be sure,' says I. 'If he sees that there light we'll be browt out from heer dead men,' says Dick. 'So we will, for sartin,' says I. 'Let's put out th' light, so th' bloody-minded murderer won't ha' narthin' to go by if he ain't seen it yet.' So we put out th' light and stayed theer till th' mornin', when we went out to work, and then when I seed Dick later we thowt we'd come and tell you all about it, seein' as yower a gentleman, and in consiquence a man of larnin', and might p'rhaps tell us what we'd better do."
"You have certainly done the proper thing in disclosing what you have seen," said the detective, after a thoughtful pause. "But why have you come to me in the matter? It seems to me that the proper course to pursue would be to lay your information before Constable Queensmead."
The two men exchanged a glance of conscious embarrassment. Then Mr. Backlos, with the air of a man who had made up his mind to take the bull by the horns, blurted out:
"It's like this, ma'aster. We be in a bit o' a fix about that. Yow see, last night we were out arter conies, and thow I can swar we were out in th' open and not lookin' for conies on annybody's land, cos Dick an' I have already bin fined ten bob for snarin' conies on Farmer Cranley's land, an' if we went to Queensmead he moight think we'd been a snarin' there again. So Dick says to me, says he, 'Why not see the chap wot came into th' Anchor bar last night? Annybody can see wi' half an eye that he's a real swell, for didn't he stand treat all round—an' wot he says we'll go by, and 'e won't treat us dirty, whatever he says, though, mind ye, bor, there's narthin' to gi' away. So let's go to thissun, an' tell un all about it.'"
"I also tol' yow, Billy, that if thar be a reward out for this chap wot killed Mr. Glenthorpe, thissun 'ud tell us how to get it without sharin' wi' Queensmead, who does narthin' but take th' bread owt o' ower mouths, he bein' so sharp about th' conies. For if this chap in th' woods is the one wot killed owd Mr. Glenthorpe, we have a right to th' money for cotchin' un. Didn't I say that, Billy?"
"Yow did, bor, yow did; them wor yower vaery words," acquiesced Mr. Backlos.
"I think you had better leave the matter in my hands," said Colwyn, with difficulty repressing a smile at this exceedingly Norfolk explanation. "And now, you had better have a drink, for I am sure you must be dry after all that talk."
The men, after drinking Colwyn's health in two mugs of ale, departed with placid countenances, and Colwyn was left to meditate over the news they had imparted. The result of his meditations was that he presently went forth in search of Police Constable Queensmead.
The constable lived in the village street—in a beach-stone cottage which was in slightly better repair than its neighbours, and much better kept. There were white curtains in the windows, and in the garden a few late stocks and hardy climbing roses were making a brave effort to bloom in depressing surroundings. It was Queensmead who answered the door to the detective's knock, and he led the way inside to his little office when he saw who his visitor was.
"I do not think these chaps saw anything except what their own fears created," he said, after Colwyn had told him as much of the two men's story as he saw fit to impart. "I searched the wood thoroughly the day after the murder. Ronald was not there then."
"He may have come back since."
Queensmead's dark eyes lingered thoughtfully on the detective's face, as though seeking to gather the meaning underlying his words.
"Why should he do such a foolish thing, sir?" he asked.
"It is not always easy to account for a man's actions."
"It is hard to account for a man wanted by the police running his head into a noose."
"Ronald may not know he is wanted by the police."
"Why, of course he must know. If he doesn't——" Queensmead broke off suddenly and looked at the detective queerly, as if suddenly realising all that the remark implied. "You must have some strange ideas about this case," he added slowly.
"I have, but we won't go into them now," said the detective, with a slight smile. He appreciated the fact that the other was, to use an American colloquialism, "quick on the uptake." "Your immediate duty is clear."
"You mean I should search the wood again?" said Queensmead, with the same quick comprehension as before. "Very well. Will you come with me?"
Colwyn nodded, and Queensmead, without more ado, took a revolver and a pair of handcuffs from a cupboard, slipped them into his pockets, and announced that he was ready. He opened the door for his visitor to precede him, and they set forth.
The hut circles on the rise looked more desolate than ever in the waning afternoon light. The excavations commenced by Mr. Glenthorpe had been abandoned, and a spade left sticking in the upturned earth had rusted in the damp air. The track of the footprints to the pit in which the body had been flung still showed distinctly in the clay, and the splash of blood gleamed dully on the edge of the hole. On the other side of the pit the trees of the wood stood in stunted outline against a lowering black sky.
The two men entered the wood silently. The trees were of great age, the trunks thick and gnarled, with low twisted boughs, running and interlacing in every direction. So thickly were they intertwined that it was twilight in the sombre depths of the wood, although the fierce winds from the North Sea had already stripped the upper branches of leaves. The ground was covered with a rank and rotting undergrowth, from which tiny spirals of vapour, like gnomes' fires, floated upwards. The silence was absolute; even the birds of the coast seemed to shun the place, which looked as if it had been untrodden since the days when the beast men of the Stone Age prowled through its dim recesses to the hut circles on the rise.
Colwyn and Queensmead searched the wood and the matted undergrowth as they progressed, closely scrutinising the ferny hollows, looking up into the trees, examining the thickets and clumps of shrubs. They had reached the centre of the wood, and were picking their way through a rank growth of nettles which covered the decayed bracken, when Colwyn experienced a mental perception as tangible as a cold hand placed upon the brow of a sleeper. He had the swift feeling that there was somebody else besides themselves in the solitude of the wood—somebody who was watching them. He looked around him intently, and his eyes fell upon a screen of interlaced branches which grew on the other side of the dip they were traversing. Without any conscious effort on his own part, his eyes travelled to the thickest part of the obstruction, and encountered another pair of eyes gazing at him steadily from the depths of the leafy screen. That gaze held his own for a moment, and then vanished. He looked again, but the screen was now unbroken, and not the rustle of a leaf betrayed the person who was concealed within.
Colwyn touched Queensmead's arm.
"There is somebody hiding in those bushes ahead of us," he whispered.
Queensmead's eyes ran swiftly along the clump of bushes ahead, and he raised his revolver.
"Come out, or I'll fire!" he cried.
His sharp command shattered the heavy silence like the crack of a firearm. The next moment the figure of a man broke from the twisted branches and walked down the slope towards them. It was Ronald.
"Put up your hands, Ronald," commanded Queensmead sternly, poising the revolver at the advancing man. "Put them up, or I'll fire."
"Fire if you like."
The words fell from Ronald's lips wearily, but he did not put up his hands. His clothes were torn and stained, his face gaunt and lined, and in his tired eyes was the look of a man who had lived in the solitudes with no other companion but despair. Queensmead stepped forward and with a swift gesture snapped the handcuffs on his wrist.
"I arrest you for the murder of Roger Glenthorpe," he said.
"I could have got away from you if I had wanted," said the young man wearily. "But what was the use? I'm glad it is over."
"I warn you, Ronald, that any statement you now make may be used against you on your trial," broke in Queensmead harshly.
"My good fellow, I know all about that." The sudden note of imperiousness in his manner reminded Colwyn of the way in which he had snubbed Sir Henry Durwood in his bedroom at the Durrington hotel three mornings before. But it was in his previous indifferent tone that the young man added: "Have either of you a spirit flask?"
Police Constable Queensmead eyed his captive with the critical eye of an officer of justice upon whom devolved the responsibility of bringing his man fit and well to trial. Ronald's face had gone haggard and white, and he lurched a little in his walk. Then he stood still, and regarded the two men weakly.
"I'm about done up," he admitted.
"We'd better take him to the inn and get him some brandy," said Queensmead. "Take his other arm, will you?"
They returned slowly with Ronald between them. He did not ask where they were taking him, but stumbled along on their supporting arms like a man in a dream, with his eyes fixed on the ground. When clear of the wood, Queensmead led his prisoner past the pit where Mr. Glenthorpe's body had been cast, but Ronald did not even glance at the yawning hole alongside of him. It was when they were descending the slope towards the inn that Colwyn noticed a change in his indifferent demeanour. He raised his head and surveyed the inn with sombre eyes, and then his glance travelled swiftly to his pinioned hands. For a moment his frame stiffened slightly, as though he were about to resist being taken farther. But if that were his intention the mood passed. The next moment he was walking along with his previous indifference.
When they reached the inn Queensmead asked Colwyn in a whisper to keep an eye on the prisoner while he went inside and got the brandy. As soon as he had gone Colwyn turned to Ronald and earnestly said:
"You may not know me, apart from our chance meeting at Durrington, but I am anxious to help you, if you are innocent."
"I have heard of you. You are Colwyn, the private detective."
"That makes it easier then, for you will know that I have no object in this case except to bring the truth to light. If you have anything to say that will help me to do that I beg of you to do so. You may safely trust me."
"I know that, Mr. Colwyn, but I have nothing to say." Ronald spoke wearily—almost indifferently.
"Nothing?" Astonishment and disappointment were mingled in the detective's voice.
"Nothing."
Before anything more could be said Queensmead reappeared from the inn with some brandy in a glass. Ronald raised it to his lips with his manacled hands, then turned away in response to an imperative gesture from Queensmead. Colwyn stood where he was for a moment, watching them, then turned to enter the inn. As he did so, his eyes fell upon the white face of Peggy, framed in the gathering gloom of the passage, staring with frightened eyes at the retreating forms of the village constable and his prisoner. She slipped out of the door and took a few hurried steps in their direction. But when she reached the strip of green which bordered the side of the inn she stopped with a despairing gesture, as though realising the futility of her effort, and turned to retrace her steps. Colwyn advanced rapidly towards her.
"I want to speak to you," he said curtly.
She stood still, but there was a prescient flash in her eyes as she looked at him.
"You were in the dead man's room last night," he said. "What were you doing there?"
"I do not know that it is any business of yours," she replied, in a low tone.
"I do not think you had better adopt that attitude," he said quietly. "You know you had no right to go into that room. I do not wish to threaten you, but you had better tell me the truth."
She stood silent for a moment, as though weighing his words. Then she said:
"I will tell you why I went there, not because I am afraid of anything you can do, but because I am not afraid of the truth. I went there because of a promise I made to Mr. Glenthorpe. He was very kind and good to me—when he was alive. Only two days before he met his death he asked me, if anything happened to him at any time, to go to his bedroom and remove a packet I would find in a little secret drawer in his writing table, and destroy it without opening it. He showed me where the packet was, and how to open the drawer. After he was dead I thought of my promise, and tried several times to slip into the room and get the packet, but there was always somebody about. So I went in last night, after everybody was in bed, because I thought the police might find the packet in searching his desk, and I should have been very unhappy if I had not been able to keep my promise."
"How did you get into the room? The door was locked, and Superintendent Galloway had the key."
"He left it on the mantelpiece downstairs. I saw it there earlier in the evening, and when he was out of the room I slipped in and took it, and put the key of my own room in its place. I replaced it next morning."
"What did you do with the packet you removed?"
"I took it across the marshes and threw it into the sea," she replied, looking steadily into his face.
"Why did you go to that trouble? Why did you not burn it?"
"I had no fire, and I dared not keep it till the morning. Besides, there were rings and things in the packet—his dead wife's jewellery. He told me so."
He looked at her keenly. She had told him the truth about her visit to the breakwater, but how much of the rest of her story was true?
"So that is your explanation?" he said.
"Yes."
"I am sorry to say that I find it difficult to believe. If you are deceiving me you are very foolish."
"I have told you the truth, Mr. Colwyn," she said, and, turning away, returned to the inn.
CHAPTER XIII
Ronald's strange silence after his arrest decided Colwyn to relinquish his investigations and return to Durrington. His tacit admissions, coupled with the damaging evidence against him, enforced conviction in the young man's guilt in spite of the detective's previous belief to the contrary. In assisting Queensmead in his search Colwyn had cherished the hope that Ronald, if captured, would declare his innocence and gladly respond to his overture of help. But, instead of doing so, Ronald had taken up an attitude which was suspicious in the highest degree, and one which caused the detective to falter in his belief that the Glenthorpe murder case was a much deeper mystery than the police imagined. Ronald's attitude, by its accordance with the facts previously known or believed about the case, belittled the detective's own discoveries, and caused him to come to the conclusion that it was hardly worth while to go farther into it.
Nevertheless, it was in a perplexed and puzzled state of mind that he returned to Durrington, and his perplexity was not lessened by a piece of information given to him at luncheon by Sir Henry. The specialist started up from his seat as soon as he saw the detective, and made his way across to his table.
"My dear fellow," he burst out, "I have the most amazing piece of news. Who do you think this chap Ronald turns out to be? None other than James Ronald Penreath, only son of Sir James Penreath—Penreath of Twelvetrees—one of the oldest families in England, dating back before the Conquest! Not very much money, but very good blood—none better in England, in fact. The family seat is in Berkshire, and the family take their name from a village near Reading, where a battle was fought in 800 odd between the Danes and Saxons under Ethelwulf. You won't get a much older ancestry than that. Sir James married the daughter of Sir William Shirley, the member for Carbury, Cheshire—her family was not so good as his, but an honourable county family, nevertheless. This young man is their only child. A nice disgrace he's brought on the family name, the foolish fellow!"
"Who told you this?" asked Colwyn.
"Superintendent Galloway told me last night. The description of the young man was published in the London press in order to assist his capture, and it appears it was seen by the young lady to whom he is affianced, Miss Constance Willoughby, who is at present in London, engaged in war work. I have never met Miss Willoughby, but her aunt, Mrs. Hugh Brewer, with whom she is living at Lancaster Gate, is well-known to me. She is an immensely wealthy woman, who devotes her life to public works, and moves in the most exclusive philanthropic circles. The young lady was terribly distressed at the similarity of details in the description of the wanted man and that of her betrothed, particularly the scar on the cheek. Although she could not believe they referred to Mr. Penreath, she deemed it advisable to communicate with the Penreath family solicitor, Mr. Oakham, of Oakham and Pendules.
"Mr. Oakham called up Superintendent Galloway on the trunk line yesterday, to make inquiries, and shortly afterwards the news came through of Ronald's arrest. Superintendent Galloway was rather perturbed at learning that the arrested man resembled the description of the heir of one of the oldest baronetcies in England, and sought me to ask my advice. As he rather vulgarly put it, he was scared at having flushed such high game, and he thought, in view of my professional connection with some of the highest families in the land, that I might be able to give him information which would save him from the possibility of making a mistake—if such a possibility existed."
"Superintendent Galloway did not seem much worried by any such fears the last time I saw him," said Colwyn. "His one idea then was to catch Ronald and hang him as speedily as possible."
"The case wears another aspect now," replied Sir Henry gravely, oblivious of the irony in the detective's tones. "To arrest a nobody named Ronald is one thing, but to arrest the son of Penreath of Twelvetrees is quite a different matter. The police—quite rightly, in my opinion—wish to guard against the slightest possibility of mistake."
"There is no certainty that Ronald is the son of Sir James Penreath," said Colwyn thoughtfully. "Printed descriptions of people are very misleading."
"Exactly my contention," replied Sir Henry eagerly. "I told Galloway that the best way to settle the point was to let the young lady see the prisoner. The police are acting on the suggestion. Mr. Oakham is coming down with Miss Willoughby and her aunt from London by the afternoon train. They will go straight to Heathfield, where they will see Ronald before his removal to Norwich gaol. Superintendent Galloway is driving over from here in a taxicab to meet them at the station and escort them to the lock-up, and I am going with him. It is a frightful ordeal for two highly-strung ladies to have to undergo, and my professional skill may be needed to help them through with it. I shall suggest that they return here with me afterwards, and stay for the night at the hotel, instead of returning to London immediately. The night's rest will serve to recuperate their systems after the worry and excitement."
"No doubt," said Colwyn, who began to see how Sir Henry Durwood had built up such a flourishing practice as a ladies' specialist.
Sir Henry, having imparted his information, promised to acquaint him with the result of the afternoon's interview, and bustled out of the breakfast room in response to the imperious signalling of his wife's eye.
It was after dinner that evening, in the lounge, that Sir Henry again approached Colwyn, smoking a cigar, which represented the amount of a medical man's fee in certain London suburbs. But as Sir Henry counted his fees in guineas, and not in half-crowns, he could afford to be luxurious in his smoking. He took a seat beside the detective and, turning upon him his professionally portentous "all is over" face, remarked:
"There is no mistake. Ronald is Sir James Penreath's son."
"Miss Willoughby identified him, then?"
"It was a case of mutual identification. Mr. Penreath, to give him his proper name, was brought under escort into the room where we were seated. He started back at the sight of Miss Willoughby—I suppose he had no idea whom he was going to see—and said, 'Why, Constance!' The poor girl looked up at him and exclaimed, 'Oh, James, how could you?' and burst into a flood of tears. It was a very painful scene."
"I have no doubt it was—for all concerned," was Colwyn's dry comment. "Why did Miss Willoughby greet her betrothed husband in that way, as though she were convinced of his guilt? What does she know about the case?"
"Superintendent Galloway prepared her mind for the worst during the ride from the station to the gaol. She asked him a number of questions, and he told her that there was no doubt that the man she was going to see was the man who had murdered Mr. Glenthorpe."
"I suspected as much. But what else transpired during the interview? How did Penreath receive Miss Willoughby's remark?"
"Most peculiarly. He seemed about to speak, then checked himself with a half smile, looked down on the ground, and said no more. Superintendent Galloway signed to the policemen to remove him, and we withdrew. The interview did not last more than a minute or so."
"Miss Willoughby did not see him alone, then?"
"No. Galloway told her that she would not be permitted to see him alone."
"And nothing more was said on either side while Penreath was in the room?"
"Nothing. Penreath's attitude struck me as that of a man who did not wish to speak. He appeared self-conscious and confused, like a man with a secret to hide."
"Perhaps his silence was due to pride. After Miss Willoughby's tactless remark he may have thought there was no use saying anything when his sweetheart believed him guilty." Colwyn spoke without conviction; the memory of Penreath's demeanour to him after his arrest was too fresh in his mind.
"You wrong Miss Willoughby. She is only too anxious to catch at any straw of hope. When she learnt that you had been making some investigations into the case she expressed an anxiety to see you. She and her aunt yielded to my advice, and returned here to spend the night at the hotel before going back to London. As they did not feel inclined to face the ordeal of public scrutiny after the events of the day they are dining in private, and they have asked me to take you to their room when you are at liberty. Mr. Oakham has gone to Norwich, where he will stay for some days to prepare the defence of this unhappy young man, but he is coming here in the morning to see the ladies before they depart for London. He asked me to tell you that he would like to see you also."
"I shall be glad to see him, and Miss Willoughby as well. Have the ladies asked you your opinion of the case?"
"Naturally they did. I gave them the best comfort I could by hinting that in my opinion Mr. Penreath is not in a state of mind at present in which he can be held responsible for his actions. I did not say anything about epilepsy—the word is not a pleasant one to use before ladies."
"Did you tell them this in front of Galloway?"
"Certainly not. A professional man in my position cannot be too careful. I am glad now that I was so circumspect about this matter in my dealings with the police—very glad indeed. It was my duty to tell Mr. Oakham, and I did so. He was interested in what I told him—exceedingly so, and was anxious to know if I had given my opinion of Penreath's condition to anybody else. I mentioned that I had told you—in confidence."
"And it was then, no doubt, that Mr. Oakham said he would like to see me. I fancy I gather his drift. And now shall we visit Miss Willoughby?"
"Yes, I should say the ladies will be expecting us," said Sir Henry, looking at a fat watch with jewelled hands which registered golden minutes for him in Harley Street. He beckoned a waiter, and asked him to conduct them to Mrs. Brewer's sitting-room. The waiter led them along a corridor on the first floor, tapped deferentially, opened the door noiselessly in response to a feminine injunction to "come in," waited for the gentlemen to enter, and then closed the door behind them.
Two ladies rose to greet them. One was small and overdressed, with fluffy hair and China blue eyes. She carried some knitting in her hand, and a pet dog under her arm. Colwyn had no difficulty in identifying her with the frequent photographs of Mrs. Brewer which appeared in Society and illustrated papers. She belonged to a class of women who took advantage of the war to advertise themselves by philanthropic benefactions and war work, but she was able to distance most of her competitors for newspaper notoriety by reason of her wealth. Her niece, Miss Constance Willoughby, was of a different type. She was tall and graceful, with dark eyes and level brows. A straight nose and a firm chin indicated that their possessor was not lacking in a will of her own. Her manner was self-possessed and assured—a trifle too much so for a sensitive girl in the circumstances, Colwyn thought. Then he remembered having read in some paper that Miss Willoughby was one of the leaders of the new feminist movement which believed that the war had brought about the complete emancipation of English woman-hood, and with it the right to possess and display those qualities of character which hitherto were supposed to be peculiarly masculine. It was perhaps owing to her advocacy of these claims that Miss Willoughby felt herself called upon to display self-possession and self-control at a trying time. Colwyn, appraising her with his clear eye as Sir Henry introduced him, found himself speculating as to the reasons which had caused Penreath and her to fall in love with one another.
"Please sit down, Mr. Colwyn," said Mrs. Brewer, resuming a comfortable arm-chair in front of the fire, and adjusting the Pekingese on her lap. "I am so grateful to you for coming to see us in this unconventional way. I have been so anxious to see you! Everybody has heard of you, Mr. Colwyn—you're so famous. It was only the other day that I was reading a long article about you in some paper or other. I forget the name of the paper, but I remember that it said a lot of flattering things about you and your discoveries in crime. It said——Oh, you naughty, naughty Jellicoe." This to the dog, which had become entangled in the skein of wool on her lap, and was making frantic efforts to free itself. "Bad little doggie, you've ruined this sock, and some poor soldier will have to go with bare feet because you've been naughty! Are you a judge of Pekingese, Mr. Colwyn? Don't you think Jellicoe a dear?"
"Do you mean Sir John Jellicoe, Mrs. Brewer?"
"Of course not! I mean my Pekingese. I've named him after our great gallant commander, because it is through him we are all able to sleep safe and sound in our beds these dreadful nights."
"Sir John Jellicoe ought to feel flattered," said Colwyn gravely.
"Yes, I really think he should," replied Mrs. Brewer innocently. "Jellicoe is not a pretty name for a dog, but I think we should all be patriotic just now. But tell me what you think of this dreadful case, Mr. Colwyn. I am so frightfully distressed about it that I really don't know what to do. How could Mr. Penreath do such a shocking thing? Why didn't he go back to the front, if he had to kill somebody, instead of hiding away from everybody and murdering this poor old man in this wild spot? Such a disgrace to us all!"
"Mr. Penreath has been in the Army, then?" asked Colwyn.
"Of course. Didn't you know? He was in Mesopotamia, but was sent to the West Front recently, where he won the D.S.O. for an act of great gallantry under heavy fire, but was shortly afterwards invalided out of the Army. It was in all the papers at the time."
"You forget, my dear lady, that Mr. Penreath did not disclose his full name while he was staying here," interposed Sir Henry solemnly. "I myself was in complete ignorance of his identity until last night."
"Why, of course—you told me this afternoon. My poor head! Whatever induced Mr. Penreath to do such a thing as to conceal his name? So common and vulgar! What motive could he have? What do you think his motive was, Mr. Colwyn?"
"I think, Aunt Florence, as your nerves are bad, that you had better permit me to talk to Mr. Colwyn," said Miss Willoughby, speaking for the first time. "Otherwise we shall get into a worse tangle than the Pekingese."
"I am sure I shall be only too relieved if you will talk to Mr. Colwyn," rejoined the elder woman. "My head is really not equal to the task—my nerves are so frightfully unstrung."
Mrs. Brewer returned to the task of untangling the dog from the knitting wool, and the girl faced the detective earnestly.
"Mr. Colwyn," she said, "I understand you have been investigating this terrible affair. Will you tell me what you think of it? Do you believe that Mr. Penreath is guilty? You need not fear to be frank with me."
"I will not hesitate to be so. I shall be pleased to give you my conclusions about this case—so far as I have formed any—but I should be greatly obliged if you would answer a few questions first. That might help me to clear up one or two points on which I am at present in doubt, and make my statement to you clearer."
"Ask me any questions you wish."
"Thank you. In the first place, how long is it since Mr. Penreath returned from the front, invalided out of the Army?"
"About two months ago."
"Was he wounded?"
"No. I understand that he broke down through shell-shock, and the doctors said that it would be some time before he completely recovered. I do not know the details. Mr. Penreath was very sensitive and reticent about the matter, and so I forbore questioning him."
Colwyn nodded sympathetically.
"I understand. Have you noticed much difference in his demeanour since he returned from the front?"
"That question is a little difficult to answer," said the girl, hesitating.
"I can quite understand how you feel about it. My motive in asking the question is to see if we can ascertain why Penreath came to Norfolk under a concealed name, and then wandered over to this place, Flegne, in an almost penniless condition, when he had plenty of friends who would have supplied his needs, and, I should say, had money of his own in the bank, for it is quite certain that he would be in receipt of an allowance from his father. He acted most unusually for a young man of his standing and position, and I am wondering if shell-shock left him in that restless, unsettled, reckless condition which is one of its worst effects."
"I have seen so little of him since he returned from the front that it is difficult for me to answer you," said the girl, after a pause. "He went down to Berkshire to his father's place on his return, and stayed there a month. Then he came to London, and we met several times, but rarely alone. I am very deeply engaged in war work, and was unable to give him much of my time. When I did see him he struck me as rather moody and distrait, but I put that down to his illness, and the fact that he must naturally feel unhappy at his forced inaction. My friends paid him much attention and sent him many invitations—in fact, they would have made quite a fuss of him if he had let them—and, of course, he had friends of his own, but he didn't seem to want to go anywhere, and he told me once or twice that he wished people would let him alone. I pointed out to him that he had his duty to do in Society as well as at the front, but he said he disliked Society, particularly in war-time. About three weeks ago he told me one night at a dance that he was sick of London, and thought he would be better for a change of air. He was looking rather pale, and I agreed he would be the better for a change. I asked him where he intended going, and he said he thought he would try the east coast—he didn't say what part. He left me with the intention of going away the next day. That was the last I saw of him—until to-day."
"You got no letter from him?"
"I did not hear from him—nor of him—until I saw his description published in the London newspapers as that of a criminal wanted by the police."
Miss Willoughby uttered the last sentence in some bitterness, with a sparkle of resentment in her eyes. It was apparent that she considered she had been badly treated by her lover, and that his arrest had hardened, instead of softening, her feelings of resentment.
"I am much obliged to you for answering my questions, Miss Willoughby," said the detective. "As I told you before, they are not dictated by curiosity, but in the hope of eliciting some information which would throw light on this puzzling case."
"A puzzling case! You consider it a puzzling case, Mr. Colwyn?" She glanced at him with a more eager and girlish expression than he had yet seen on her face. "I understood from the police officer that there was no room for doubt in the matter. Sir Henry Durwood shares the police view." She turned a swift questioning glance in the specialist's direction.
Sir Henry caught the glance, and felt it incumbent upon himself to utter a solemn commonplace.
"I beg of you not to raise false hopes in Miss Willoughby's breast, Mr. Colwyn," he said.
"I have no intention of doing so," returned the detective. "On the other hand, I protest against everybody condemning Penreath until it is certain he is guilty. And now, Miss Willoughby, I will tell you what I have discovered."
He entered upon a brief account of his investigations at the inn, with the exception that he omitted the visit of Peggy to the murdered man's chamber and her subsequent explanation. Miss Willoughby listened attentively, and, when he had concluded, remarked:
"Do you think the wax and tallow candle-grease dropped in the room suggests the presence of two persons?"
"I feel sure that it does."
"And who do you think the other was?"
"It is not yet proved that Penreath was one of them."
She flushed under the implied reproof, and hurriedly added:
"Have you acquainted the police with your discoveries, Mr. Colwyn?"
"I have, and I am bound to say that they attach very little importance to them."
"Do you propose to go any further with your investigations?"
"I would prefer not to answer that question until I have seen Mr. Oakham to-morrow."
CHAPTER XIV
When Colwyn went in to lunch the following day after a walk on the front, he found Sir Henry awaiting him in the lounge with a visitor whose identity the detective guessed before Sir Henry introduced him.
"This is Mr. Oakham," said Sir Henry. "I have told him of your investigation into this painful case which has brought him to Norfolk."
"An investigation in which you helped," said Colwyn, with a smile.
"I am afraid it would be stretching the fable of the mouse and the lion to suggest that I was able to help such a renowned criminal investigator as yourself," returned Sir Henry waggishly. "When Mr. Oakham learnt that you had been investigating this case he expressed a strong desire to see you."
"I am returning to London by the afternoon express, Mr. Colwyn," said the solicitor. "I should be glad if you could spare me a little of your time before I go."
"Certainly," replied Colwyn, courteously. "It had better be at once, had it not? You have not very much time at your disposal."
"If it does not inconvenience you," replied Mr. Oakham politely. "But your lunch——"
"That can wait," said the detective. "I feel deeply interested in this case of young Penreath."
"Mr. Oakham saw him this morning before coming over," said Sir Henry. "He is quite mad, and refuses to say anything. Therefore, we have come to the conclusion——"
"Really, Sir Henry, you shouldn't have said that." Mr. Oakham's tone was both shocked and expostulatory.
"Why not?" retorted Sir Henry innocently. "Mr. Colwyn knows all about it—I told him myself. I thought you wanted him to help you?"
"I am aware of that, but, my dear sir, this is an extremely delicate and difficult business. As Mr. Penreath's professional adviser, I must beg of you to exercise more reticence."
"Then I had better go and have my lunch while you two have a chat," said Sir Henry urbanely, "or I shall only be putting my foot in it again. Mr. Oakham, I shall see you before you go." Sir Henry moved off in the direction of the luncheon room.
"Perhaps you will come to my sitting-room," said Colwyn to Mr. Oakham. "We can talk quietly there."
"Thank you," responded Mr. Oakham, and he went with the detective upstairs.
Mr. Oakham, of Oakham and Pendules, Temple Gardens, was a little white-haired man of seventy, attired in the sombre black of the Victorian era, with a polished reticent manner befitting the senior partner of a firm of solicitors owning the most aristocratic practice in England; a firm so eminently respectable that they never rendered a bill of costs to a client until he was dead, when the amount of legal expenses incurred during his lifetime was treated as a charge upon the family estate, and deducted from the moneys accruing to the next heir, who, in his turn, was allowed to run his allotted course without a bill from Oakham and Pendules. They were a discreet and dignified firm, as ancient as some of the names whose family secrets were locked away in their office deed boxes, and were reputed to know more of the inner history of the gentry in Burke's Peerage than all the rest of the legal profession put together.
The arrest of the only son of Sir James Penreath, of Twelvetrees, Berks, on a charge of murder, had shocked Mr. Oakham deeply. Divorces had come his way in plenty, though he remembered the day when they were considered scandalous in good families. But the modern generation had changed all that, and Mr. Oakham had since listened to so many stories of marital wrongs, and had assisted in obtaining so many orders for restitution of conjugal rights, that he had come to regard divorce as fashionable enough to be respectable. He was intimately versed in most human failings and follies, and a past master in preventing their consequences coming to light. Financial embarrassments he was well used to—they might almost be said to be his forte—for many of his clients had more lineage than money, but the crime of murder was a thing outside his professional experience.
The upper classes of the present generation had, in this respect at least, improved on the morals of their freebooting ancestors, and murder had gone so completely out of fashion among the aristocracy that Mr. Oakham had never been called upon to prepare the defence of a client charged with killing a fellow creature. Mr. Oakham regarded murder as an ungentlemanly crime. He believed that no gentleman would commit murder unless he were mad. Since his arrival in Norfolk he had come to the conclusion that young Penreath was not only mad, but that he had committed the murder with which he stood charged. Sir Henry Durwood had been responsible for the first opinion, and the police had helped him to form the second. Two interviews he had had with his client since his arrest had strengthened and deepened both convictions.
It was in this frame of mind that Mr. Oakham seated himself in the detective's sitting room. He accepted a cigar from Colwyn's case, and looked amiably at his companion, who waited for him to speak. The interview had been of the solicitor's seeking, and it was for him to disclose his object in doing so.
"This is a very unfortunate case, Mr. Colwyn," the solicitor remarked.
"Yes; it seems so," replied Colwyn.
"I am afraid there is not the slightest doubt that this unhappy young man has committed this murder."
"You have arrived at that conclusion?"
"It is impossible to arrive at any other conclusion, in view of the evidence."
"It is purely circumstantial. I thought that perhaps Penreath would have some statement to make which would throw a different light on the case."
"I will be frank with you, Mr. Colwyn," said the solicitor. "You are acquainted with all the facts of the case, and I hope you will be able to help us. Penreath's attitude is a very strange one. Apparently he does not apprehend the grave position in which he stands. I am forced to the conclusion that he is suffering from an unhappy aberration of the intellect, which has led to his committing this crime. His conduct since coming to Norfolk has not been that of a sane man. He has hidden himself away from his friends, and stayed here under a false name. I understand that he behaved in an eccentric and violent way in the breakfast room of this hotel on the morning of the day he left for the place where the murder was subsequently committed."
"You have learnt this from Sir Henry, I presume?"
"Yes. Sir Henry has conveyed to me his opinion, based on his observation of Mr. Penreath's eccentricity at the breakfast table the last morning of his stay here, that Mr. Penreath is an epileptic, liable to attacks of furor epilepticus—a phase of the disease which sometimes leads to outbreaks of terrible violence. He thought it advisable that I should know this at once, in view of what has happened since. Sir Henry informed me that he confided a similar opinion to you, as you were present at the time, and assisted him to convey Penreath upstairs. May I ask what opinion you formed of his behaviour at the breakfast table, Mr. Colwyn?"
"I thought he was excited—nothing more."
"But the violence, Mr. Colwyn! Sir Henry Durwood says Penreath was about to commit a violent assault on the people at the next table when he interfered."
"The violence was not apparent—to me," returned the detective, who did not feel called upon to disclose his secret belief that Sir Henry had acted hastily. "Apart from the excitement he displayed on this particular morning, Penreath seemed to me a normal and average young Englishman of his class. I certainly saw no signs of insanity about him. It occurred to me at the time that his excitement might be the outcome of shell-shock. We had had an air raid two nights before, and some shell-shock cases are badly affected by air raids. I have since been informed that Penreath was invalided out of the Army recently, suffering from shell-shock."
"In Sir Henry's opinion the shell-shock has aggravated a tendency to the disease."
"Has Penreath ever shown any previous signs of epilepsy?"
"Not so far as I am aware, but his mother developed the disease in later years, and ultimately died from it. Her illness was a source of great worry and anxiety to Sir James. And epilepsy is hereditary."
"Pathologists differ on that point. I know something of the disease, and I doubt whether Penreath is an epileptic. He showed none of the symptoms which I have always associated with epilepsy."
"An eminent specialist like Sir Henry is hardly likely to be mistaken. The fact that Penreath seemed a sane and collected individual to your eye proves nothing. Epileptic attacks are intermittent, and the sufferer may appear quite sane between the attacks. Epilepsy is a remarkable disease. A latent tendency to it may exist for years without those nearest and dearest to the sufferer suspecting it, so Sir Henry says. Penreath's case is a very strange and sad one."
"It is a strange case in very way," said Colwyn earnestly. "Why should a young man like Penreath go over to this remote Norfolk village, where he had not been before, and murder an old man whom he had never seen previously? The police theory that this murder was committed for the sake of L300 which the victim had drawn out of the bank that day seems incredible to me, in the case of a young man like Penreath."
"The only way of accounting for the whole unhappy business is on Sir Henry's hypothesis that Penreath is mad. In acute epileptic mania there are cases in which there is a seeming calmness of conduct, and these are the most dangerous of all. The patient walks about like a man in a dream, impelled by a force which he cannot resist, and does all sorts of things without conscious purpose. He will take long walks to places he has never been, will steal money or valuables, and commit murder or suicide with apparent coolness and cunning. Sir Henry describes this as automatic action, and he says that it is a notable characteristic of the form of epileptic mania from which Penreath is suffering. You will observe that these symptoms fit in with all the facts of the case against Penreath. The facts, unfortunately, are so clear that there is no gainsaying them."
"It seems so now," said Colwyn thoughtfully. "Yet, when I was investigating the facts at the time, I came across several points which seemed to suggest the possibility of an alternative theory to the police theory."
"I should like to know what those points are."
"I will tell you."
The detective proceeded to set forth the result of his visit to the inn, and the solicitor listened to him with close attention. When he had finished Mr. Oakham remarked:
"I am afraid there is not much in these points, Mr. Colwyn. Your suggestion that there were two persons in the murdered man's room is interesting, but you have no evidence to support it. The girl's explanation of her visit to the room is probably the true one. Far be it from me, as Penreath's legal adviser, to throw away the slightest straw of hope, but your conjectures—for, to my mind, they are nothing more—are nothing against the array of facts and suspicious circumstances which have been collected by the police. And even if the police case were less strong, there is another grave fact which we cannot overlook."
"You mean that Penreath refuses to say anything?" said Colwyn.
"He appears to be somewhat indifferent to the outcome," returned the lawyer guardedly.
"It is his silence which baffles me," said Colwyn. "I saw him alone after his arrest, and told him I was willing to help him if he could tell me anything which would assist me to establish his innocence—if he were innocent. He replied that he had nothing to say."
"What you tell me deepens my conviction that Penreath does not realise the position in which he is placed, and cannot be held accountable for his actions."
"Is it your intention to plead mental incapacity at the trial?"
"Sir Henry Durwood has offered to give evidence that, in his opinion, Penreath is not responsible for his actions. The Penreath family is under a debt of gratitude to Sir Henry. I consider it little short of providential that Sir Henry was staying here at the time." Like most lawyers, Mr. Oakham had a firm belief in the interposition of Providence—particularly in the affairs of the families of the great. "And that is the reason for my coming over here to see you this morning, Mr. Colwyn. You were present at the breakfast table scene—you witnessed this young man's eccentricity and violence. The Penreath family is already under a debt of gratitude to you—will you increase the obligation? In other words, will you give evidence in support of the defence at the trial?"
"You want me to assist you in convincing the jury that Penreath is a criminal lunatic," said Colwyn. "That is what your defence amounts to. It is a grave responsibility. Doctors and specialists are sometimes mistaken, you know."
"I am afraid there is very little doubt in this case. Here is a young man of birth and breeding, who hides from his friends under an assumed name, behaves in public in an eccentric manner, is turned out of his hotel, goes to a remote inn, and disappears before anybody is up. The body of a gentleman who occupied the room next to him is subsequently discovered in a pit close by, and the footprints leading to the pit are those of our young friend. The young man is subsequently arrested close to the place where the body was thrown, and not then, or since, has he offered his friends any explanation of his actions. In the circumstances, therefore, I shall avail myself of Sir Henry's evidence. In my own mind—from my own observation and conversation with Penreath—I am convinced that he cannot be held responsible for his actions. In view of the tremendously strong case against him, in view of his peculiar attitude to you—and others—in the face of accusation, and in view of his previous eccentric behaviour, I shall take the only possible course to save the son of Penreath of Twelvetrees from the gallows. I had hoped, Mr. Colwyn, that you, who witnessed the scene at this hotel, and subsequently helped Sir Henry Durwood convey this unhappy young man upstairs, would see your way clear to support Sir Henry's expert opinion that this young man is insane. Your reputation and renown would carry weight with the jury."
"I am sorry, but I am afraid you must do without me," replied Colwyn. "In view of Penreath's silence I can come to no other conclusion, though against my better judgment, than that he is guilty, but I cannot take upon myself the responsibility of declaring that he is insane. In spite of Sir Henry Durwood's opinion, I cannot believe that he is, or was. It will be a difficult defence to establish in the case of Penreath. If you wish the jury to say that Penreath is the victim of what French writers call epilepsie larvee, in which an outbreak of brutal or homicidal violence takes the place of an epileptic fit, with a similar break in the continuity of consciousness, you will first have to convince the judge that Penreath's preceding fits were so slight as to permit the possibility of their being overlooked, and you will also have to establish beyond doubt that the break in his consciousness existed from the time of the scene in the hotel breakfast-room until the time the murder was committed. The test of that state is the unintelligent character of some of the acts of the sufferer. In my opinion, a defence of insanity is not likely to be successful. Personally, I shall go no further in the case, but I cannot give up my original opinion that the whole of the facts in this case have not been brought to light. Probably they never will be—now."
CHAPTER XV
Although no hint of the defence was supposed to transpire, the magic words "No precedent" were whispered about in legal circles as the day for Penreath's trial approached, and invested the case with more than ordinary interest in professional eyes. Editors of London legal journals endeavoured to extract something definite from Mr. Oakham when he returned to London to brief counsel and prepare the defence, but the lunches they lavished on him in pursuit of information might have been spent with equal profit on the Sphinx.
The editors had to content themselves with sending shorthand writers to Norwich to report the case fully for the benefit of their circle of readers, whose appetite for a legal quibble was never satiated by repetition.
On the other hand, the case aroused but languid interest in the breasts of the ordinary public. The newspapers had not given the story of the murder much prominence in their columns, because murders were only good copy in war-time in the slack season between military offensives, and, moreover, this particular case lacked the essentials of what modern editors call, in American journalese jargon, "a good feature story." In other words, it was not sufficiently sensational or immoral to appeal to the palates of newspaper readers. It lacked the spectacular elements of a filmed drama; there was no woman in the case or unwritten law.
It was true that the revelation of the identity of the accused man had aroused a passing interest in the case, bringing it up from paragraph value on the back page to a "two-heading item" on the "splash" page, but that interest soon died away, for, after all, the son of a Berkshire baronet was small beer in war's levelling days, when peers worked in overalls in munition factories, and personages of even more exalted rank sold pennyworths of ham in East-end communal kitchens.
Nevertheless, because of the perennial interest which attaches to all murder trials, the Norwich Assizes Court was filled with spectators on the dull drizzling November day when the case was heard, and the fact that the accused was young and good-looking and of gentle birth probably accounted for the sprinkling of well-dressed women amongst the audience. The younger ones eyed him with sympathy as he was brought into the dock: his good looks, his blue eyes, his air of breeding, his well-cut clothes, appealed to their sensibilities, and if they had been given the opportunity they would have acquitted him without the formality of a trial as far "too nice a boy" to have committed murder.
To the array of legal talent assembled together by the golden wand of Costs the figure of the accused man had no personal significance but the actual facts at issue entered as little into their minds as into the pitying hearts of the female spectators. The accused had no individual existence so far as they were concerned: he was merely a pawn in the great legal game, of which the lawyers were the players and the judge the referee, and the side which won the pawn won the game. As this particular game represented an attack on the sacred tradition of Precedent, both sides had secured the strongest professional intellects possible to contest the match, and the lesser legal fry of Norwich had gathered together to witness the struggle, and pick up what points they could.
The leader for the prosecution was Sir Herbert Templewood, K.C., M.P., a political barrister, with a Society wife, a polished manner, and a deadly gift of cross-examination. With him was Mr. Grover Braecroft, a dour Scotch lawyer of fifty-five, who was currently believed to know the law from A to Z, and really had an intimate acquaintance with those five letters which made up the magic word Costs. Apart from this valuable knowledge, he was a cunning and crafty lawyer, picked in the present case to supply the brains to Sir Herbert Templewood's brilliance, and do the jackal work which the lion disdained. The pair were supported by a Crown Solicitor well versed in precedents—a little prim figure of a man who sat with so many volumes of judicial decisions and reports of test cases piled in front of him that only the upper portion of his grey head was visible above the books.
The defence relied mainly upon Mr. Reginald Middleheath, the eminent criminal counsel, who depended as much upon his portly imposing stage presence to bluff juries into an acquittal as upon his legal attainments, which were also considerable. Mr. Middleheath's cardinal article of legal faith was that all juries were fools, and should be treated as such, because if they once got the idea into their heads that they knew something about the case they were trying they were bound to convict in order to sustain their reputation for intelligence. One of Mr. Middleheath's favourite tricks for disabusing a jury of the belief that they possessed any common sense was, before addressing them, to stare each juryman in the face for half a minute or so in turn with his piercing penetrative eyes, accompanying the look with a pitying contemptuous smile, the gaze and the smile implying that counsel for the opposite side may have flattered them into believing that their intelligences were fit to try such an intricate case, but they couldn't deceive him.
Having robbed the jury of their self-esteem by this means, Mr. Middleheath would proceed to put them on good terms with themselves again by insinuating in persuasive tones that the case was one calculated to perplex the most astute legal brain. He would frankly confess that it had perplexed him at first, but as he had mastered its intricacies the jury were welcome to his laboriously acquired knowledge in order to help them in arriving at a right decision. Mr. Middleheath's junior was Mr. Garden Greyson, a thin ascetic looking lawyer whose knowledge of medical jurisprudence had brought him his brief in the case. Mr. Oakham sat beside Mr. Greyson with various big books in front of him.
The judge was Mr. Justice Redington, whose presence on the bench was always considered a strengthening factor in the Crown case. Judges differ as much as ordinary human beings, and are as human in their peculiarities as the juries they direct and the prisoners they try. There are good-tempered and bad-tempered judges, harsh and tender judges, learned and foolish judges, there are even judges with an eye to self-advertisement, and a few wise ones. Mr. Justice Redington belonged to that class of judges who, while endeavouring to hold the balance fairly between the Crown and the defence, see to it that the accused does not get overweight from the scales of justice. Such judges take advantage of their judicial office by cross-examining witnesses for the defence after the Crown Prosecutor has finished with them, in the effort to bring to light some damaging fact or contradiction which the previous examination has failed to elicit. In other respects, Mr. Justice Redington was a very fair judge, and he worked as industriously as any newspaper reporter, taking extensive notes of all his cases with a gold fountain pen, which he filled himself from one of the court inkstands whenever it ran dry. In appearance he was a florid and pleasant looking man, and his hobby off the bench was farming his own land and breeding prize cattle.
There were the usual preliminaries, equivalent to the clearing of the course or the placing of the pieces, which bored the regular habitues of the court but whetted the appetites of the more unsophisticated spectators. First there was the lengthy process of empanelling a jury, with the inevitable accompaniment of challenges and objections, until the most unintelligent looking dozen of the panel finally found themselves in the jury box. Then the Clerk of Arraigns gabbled over the charges: wilful murder of Roger Glenthorpe on 26th October, 1916, and feloniously stealing from the said Roger Glenthorpe the sum of L300 on the same date. To these charges the accused man pleaded "Not guilty" in a low voice. The jury were directed on the first indictment only, and Sir Herbert Templewood got up to address the jury.
Sir Herbert knew very little about the case, but his junior was well informed; and what Mr. Braecroft didn't know he got from the Crown Solicitor, who sat behind the barristers' table, ready to lean forward at the slightest indication and supply any points which were required. Under this system of spoon-feeding Sir Herbert ambled comfortably along, reserving his showy paces for the cross-examination of witnesses for the defence.
Sir Herbert commenced by describing the case as a straightforward one which would offer no difficulty to an intelligent jury. It was true that it rested on circumstantial evidence, but that evidence was of the strongest nature, and pointed so clearly in the one direction, that the jury could come to no other conclusion than that the prisoner at the bar had committed the murder with which he stood charged.
With this preamble, the Crown Prosecutor proceeded to put together the chain of circumstantial evidence against the accused with the deliberate logic of the legal brain, piecing together incidents, interpreting clues, probing motives, and fashioning together the whole tremendous apparatus of circumstantial evidence with the intent air of a man building an unbreakable cage for a wild beast. As Colwyn had anticipated, the incident at the Durrington hotel had been dropped from the Crown case. That part of the presentment was confined to the statement that Penreath had registered at the hotel under a wrong name, and had left without paying his bill. The first fact suggested that the accused had something to hide, the second established a motive for the subsequent murder.
Sir Herbert Templewood concluded his address in less than an hour, and proceeded to call evidence for the prosecution. There were nine witnesses: that strangely assorted pair, the innkeeper and Charles, the deaf waiter, Ann, the servant, the two men who had recovered Mr. Glenthorpe's body from the pit, the Heathfield doctor, who testified as to the cause of death, Superintendent Galloway, who gave the court the result of the joint investigations of the chief constable and himself at the inn, Police-Constable Queensmead, who described the arrest and Inspector Fredericks, of Norwich, who was in charge of the Norwich station when the accused was taken there from Flegne. In order to save another witness being called, Counsel for the defence admitted that accused had registered at the Grand Hotel, Durrington, under a wrong name, and left without paying his bill.
Mr. Middleheath cross-examined none of the witnesses for the prosecution except the last one, and his forensic restraint was placed on record by the depositions clerk in the exact words of the unvarying formula between bench and bar. "Do you ask anything, Mr. Middleheath?" Mr. Justice Redington would ask, with punctilious politeness, when the Crown Prosecutor sat down after examining a witness. To which Mr. Middleheath would reply, in tones of equal courtesy: "I ask nothing, my lord." Counsel's cross-examination of Inspector Fredericks consisted of two questions, intended to throw light on the accused's state of mind after his arrest. Inspector Fredericks declared that he was, in his opinion, quite calm and rational.
Mr. Middleheath's opening address to the jury for the defence was brief, and, to sharp legal ears, vague and unconvincing. Although he pointed out that the evidence was purely circumstantial, and that in the absence of direct testimony the accused was entitled to the benefit of any reasonable doubt, he did not attempt to controvert the statements of the Crown witnesses, or suggest that the Crown had not established its case. His address, combined with the fact that he had not cross-examined any of the Crown witnesses, suggested to the listening lawyers that he had either a very strong defence or none at all. The point was left in suspense for the time being by Mr. Justice Redington suggesting that, in view of the lateness of the hour, Counsel should defer calling evidence for the defence until the following day. As a judicial suggestion is a command, the court was adjourned accordingly, the judge first warning the jury not to try to come to any conclusion, or form an opinion as to what their verdict should be, until they had heard the evidence for the prisoner.
When the case was continued the next day, the first witness called for the defence was Dr. Robert Greydon, an elderly country practitioner with the precise professional manner of a past medical generation, who stated that he practised at Twelvetrees, Berkshire, and was the family doctor of the Penreath family. In reply to Mr. Middleheath he stated that he had frequently attended the late Lady Penreath, the mother of the accused, for fits or seizures from which she suffered periodically, and that the London specialist who had been called into consultation on one occasion had agreed with him that the seizures were epileptic.
"I want to give every latitude to the defence," said Sir Herbert Templewood, rising in dignified protest, "but I am afraid I cannot permit this conversation to go in. My learned friend must call the London specialist if he wants to get it in."
"I will waive the point as my learned friend objects," said Mr. Middleheath, satisfied that he had "got it in" the jury's ears, "and content myself with asking Dr. Greydon whether, from his own knowledge, Lady Penreath suffered from epilepsy."
"Undoubtedly," replied the witness.
"One moment," said the judge, looking up from his notes. "Where is this evidence tending, Mr. Middleheath?"
"My lord," replied Mr. Middleheath solemnly, "I wish the court to know all the facts on which we rely."
The judge bowed his head and waved his gold fountain-pen as an indication that the examination might proceed. The witness said that Lady Penreath was undoubtedly an epileptic, and suffered from attacks extending over twenty years, commencing when her only son was five years old, and continuing till her death ten years ago. For some years the attacks were slight, without convulsions, but ultimately the grand mal became well developed, and several attacks in rapid succession ultimately caused her death. In the witness's opinion epilepsy was an hereditary disease, frequently transmitted to the offspring, if either or both parents suffered from it.
"Have you ever seen any signs of epilepsy in Lady Penreath's son—the prisoner at the bar?" asked Sir Herbert, who began to divine the direction of the defence.
"Never," replied the witness.
"Was he under your care in his infancy and boyhood? I mean were you called in to attend to his youthful ailments?"
"Yes, until he went to school."
"And was he a normal and healthy boy?"
"Quite."
"Did you see him when he returned home recently?" asked Mr. Middleheath, rising to re-examine.
"Yes."
"You are aware he was discharged from the Army suffering from shell-shock?"
"Yes."
"And did you notice a marked change in him?"
"Very marked indeed. He struck me as odd and forgetful at times, and sometimes he seemed momentarily to lose touch with his surroundings. He used to be very bright and good-tempered, but he returned from the war irritable and moody, and very silent, disliking, above all things, to be questioned about his experiences at the front. He used to be the very soul of courtesy, but when he returned from the front he refused to attend a 'welcome home' at the village church and hear the vicar read a congratulatory address."
"I hope you are not going to advance the latter incident as a proof of non compos mentis, Mr. Middleheath," said the judge facetiously.
In the ripples of mirth which this judicial sally aroused, the little doctor was permitted to leave the box, and depart for his native obscurity of Twelvetrees. He had served his purpose, so far as Mr. Middleheath was concerned, and Sir Herbert Templewood was too good a sportsman to waste skilful flies on such a small fish, which would do no honour to his bag if hooked.
Sir Herbert Templewood and every lawyer in court were by now aware that the defence were unable to meet the Crown case, but were going to fight for a verdict of insanity. The legal fraternity realised the difficulties of that defence in a case of murder. It would be necessary not only to convince the jury that the accused did not know the difference between right and wrong, but to convince the judge, in the finer legal interpretation of criminal insanity, that the accused did not know the nature of the act he was charged with committing, in the sense that he was unable to distinguish whether it was right or wrong at the moment of committing it. The law, which assumes that a man is sane and responsible for his acts, throws upon the defence the onus of proving otherwise, and proving it up to the hilt, before it permits an accused person to escape the responsibility of his acts. Such a defence usually resolves itself into a battle between medical experts and the counsel engaged, the Crown endeavouring to upset the medical evidence for the defence with medical evidence in rebuttal.
The lawyers in court settled back with a new enjoyment at the prospect of the legal and medical hair-splitting and quibbling which invariably accompanies an encounter of this kind, and Crown Counsel and solicitors displayed sudden activity. Sir Herbert Templewood and Mr. Braecroft held a whispered consultation, and then Mr. Braecroft passed a note to the Crown Solicitor, who hurried from the court and presently returned carrying a formidable pile of dusty volumes, which he placed in front of junior counsel. The most uninterested person in court seemed the man in the dock, who sat looking into a vacancy with a bored expression on his handsome face, as if he were indifferent to the fight on which his existence depended.
The next witness was Miss Constance Willoughby, who gave her testimony in low clear tones, and with perfect self-possession. It was observed by the feminine element in court that she did not look at her lover in the dock, but kept her eyes steadily fixed on Mr. Middleheath. Her story was a straightforward and simple one. She had become engaged to Mr. Penreath shortly before the war, and had seen him several times since he was invalided out of the Army. The last occasion was a month ago, when he called at her aunt's house at Lancaster Gate. She had noticed a great change in him since his return from the front. He was moody and depressed. She did not question him about his illness, as she thought he was out of spirits because he had been invalided out of the Army, and did not want to talk about it. He told her he intended to go away for a change until he got right again—he had not made up his mind where, but he thought somewhere on the East Coast, where it was cool and bracing, would suit him best—and he would write to her as soon as he got settled anywhere. She did not see him again, and did not hear from him or know anything of his movements till she read his description in a London paper as that of a man wanted by the Norfolk police for murder. Her aunt, who showed her the paper, communicated with the Penreaths' solicitor, Mr. Oakham. The following day she and her aunt were taken to Heathfield and identified the accused.
"Your aunt took action to allay your anxiety, I understand?" said Mr. Heathfield, whose watchful eye had noted the unfavourable effect of this statement on the jury.
The witness bowed.
"Yes," she replied. "I was terribly anxious, as I had not heard from Mr. Penreath since he went away. Anything was better than the suspense."
"You say accused was moody and depressed when you saw him?" asked Sir Herbert Templewood.
"Yes."
"May I take it that there was nothing terrifying in his behaviour—nothing to indicate that he was not in his right mind?"
"No," replied the witness slowly. "He did not frighten me, but I was concerned about him. He certainly looked ill, and I thought he seemed a little strange."
"As though he had something on his mind?" suggested Sir Herbert.
"Yes," assented the witness.
"Were you aware that the accused, when he went to see you at your aunt's home before he departed for Norfolk, was very short of money?"
"I was not. If I had known——"
"You would have helped him—is that what you were going to say?" asked Mr. Middleheath, as Sir Herbert resumed his seat without pursuing the point.
"My aunt would have helped Mr. Penreath if she had known he was in monetary difficulties."
"Thank you." Mr. Middleheath sat down, pulling his gown over his shoulders.
The witness was leaving the stand when the sharp authoritative voice of the judge stopped her.
"Wait a minute, please, I want to get this a little clearer. You said you were aware that the accused was discharged from the Army suffering from shell-shock. Did he tell you so himself?"
"No, my lord. I was informed so."
"Really, Mr. Middleheath——"
The judge's glance at Counsel for the Defence was so judicial that it brought Mr. Middleheath hurriedly to his feet again.
"My lord," he explained, "I intend to prove in due course that the prisoner was invalided out of the Army suffering from shell-shock."
"Very well." The judge motioned to the witness that she was at liberty to leave the box.
The appearance of Sir Henry Durwood in the box as the next witness indicated to Crown Counsel that the principal card for the defence was about to be played. Lawyers conduct defences as some people play bridge—they keep the biggest trump to the last. Sir Henry represented the highest trump in Mr. Middleheath's hand, and if he could not score with him the game was lost.
Sir Henry seemed not unconscious of his importance to the case as he stepped into the stand and bowed to the judge with bland professional equality. His evidence-in-chief was short, but to the point, and amounted to a recapitulation of the statement he had made to Colwyn in Penreath's bedroom on the morning of the episode in the breakfast-room of the Grand Hotel, Durrington. Sir Henry related the events of that morning for the benefit of the jury, and in sonorous tones expressed his professional opinion that the accused's strange behaviour on that occasion was the result of an attack of epilepsy—petit mal, combined with furor epilepticus. |
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