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Ann concluded by solemnly urging Colwyn, as long as he remained at the inn, to keep indoors at night as he valued his life, for ever since the murder the White Lady had been particularly active, shrieking nearly every night, as though seeking another victim, and the whole village was frightened to stir out in consequence. Ann had reluctantly to admit that she had never actually heard her shrieking herself—she was a heavy sleeper at any time—but there were those who had, plenty of them. Besides, hadn't he heard that Charles, while shutting up the inn the very night poor Mr. Glenthorpe's body had been taken away, had seen something white on the rise? On Colwyn replying that he had not heard this, Ann assured him the whole village believed that Charles had seen the White Lady, and regarded him as good as dead, and many were the speculations as to the manner in which his inevitable fate would fall.
The relation of the legend of the White Lady lasted to the conclusion of lunch, and then Colwyn sauntered outside with a cigar, in order to make another examination of the ground the murderer had covered in going to the pit. The body had been carried out the back way, across the green which separated the inn from the village, and up the rise to the pit. The green was now partly under water, and the track of the footprints leading to the rise had been obliterated by the heavy rains which had fallen since, but the soft surface retained the impression of Colwyn's footsteps with the same distinctness with which it had held, and afterwards revealed, the track of the man who had carried the corpse to the pit.
Colwyn examined the pit closely. The edges were wet and slippery, and in places the earth had been washed away. The sides, for some distance down, were lined with a thick growth of shrubs and birch. Colwyn knelt down on the edge and peered into the interior of the pit. He tested the strength of the climbing and creeping plants which twisted in snakelike growth in the interior. It seemed to him that it would be a comparatively easy matter to descend into the pit by their support, so far as they went. But how far did they go?
While he was thus occupied he heard the sound of footsteps crashing through the undergrowth of the little wood on the other side of the pit. A moment later a man, carrying a rabbit, and followed by a mongrel dog, came into view. It was Duney. He stared hard at Colwyn and then advanced towards him with a grin of recognition.
"Yow be lookin' to see how t'owd ma'aster was hulled dune th' pit?" he asked.
"I was wondering how far the pit ran straight down," replied Colwyn. "It seems to take a slight slope a little way down. Does it?"
"I doan't know narthin' about th' pit, and I doan't want to," replied Mr. Duney, backing away with a slightly pale face. "Doan't yow meddle wi' un, ma'aster. It's a quare place, thissun."
"Why, what's the matter with it?"
"Did you never hear that th' pit's haunted? Like enough nobody'd tell yow. Folk hereabowts aren't owerfond of talkin' of th' White Lady of th' Shrieking Pit, for fear it should bring un bad luck."
"I've been hearing a little about her to-day. Is she any relation of Black Shuck, the ghost dog you were telling me about?"
"It's no larfin' matter, ma'aster. You moind the day me and Billy Backlog come and towld yow about us seein' that chap on th' edge of yon wood that night? Well, just befower we seed un we heerd th' rummiest kind of noise—summat atween a moan and a shriek, comin' from this 'ere pit. I reckon, from what's happened to that chap Ronald since, that it wor the White Lady of th' Pit we heered. It's lucky for us we didn't see un."
"I remember at the time you mentioned something about it."
"Ay, she be a terr'ble bad sperrit," said Mr. Duney, wagging his head unctuously. "She comes out of this yare pit wheer t'owd man was chucked, and wanders about the wood and th' rise, a-yellin' somefin awful. It's nowt to hear her—we've all heerd her for that matter—but to see her is to meet a bloody and violent end within the month. That's why they call this 'ere pit 'the Shrieking Pit.' I'm thinkin' that owd Mr. Glenthorpe, who was allus fond of walkin' up this way at nights, met her one night, and that'll account for his own bloody end. And it's my belief that she appeared to the young chap who was hidin' in th' woods the night we saw un. And look what's happened to un! He's got to be hanged, which is a violent end, thow p'r'aps not bloody."
"If that's the local belief, I wonder anybody went down into the pit to recover Mr. Glenthorpe's body."
"Nobody wouldn't 'a' gone down but Herward. I wouldn't 'a' gone down for untowd gowd, but Herward comes from th' Broads, and don't know nartin' about this part of the ma'shes. Besides, he ain't no Christian, down't care for no ghosts nor sperrits. I've often heerd un say so."
"Is it true that the White Lady has been seen since Mr. Glenthorpe was murdered?"
"She's been heered, shure enough. Billy Backlog, who lives closest to the rise, was a-tellin' us in the Anchor bar that she woke him up two nights arter th' murder, a-yowlin' like an old tomcat, but Billy knew it worn't a cat—it weer far more fearsome, wi gasps at th' end. The deaf fat chap at Benson's arst him what time this might be. Billy said he disremembered th' time—mebbe it wor ten or a bit past. Then the fat chap said it wor just about that time the same night, as he wor shuttin' up, he saw somefin white float up to th' top of th' pit. He thowt at th' time it might be mist, thow there weren't much mist on th' ma'shes that night, but now he says 'es sure that it wor the White Lady from the Shrieking Pit that he saw. 'Then Gawdamighty help yow, poor fat chap,' says Billy, looking at him solemn-like. 'The hearin' of her is narthin', it's th' seein' o' her that's the trouble.' The poor fat chap a' been nigh skeered out o' his wits ever since, and nobody in th' village wud go near th' pit a' nighttimes—no, not for a fortin. I ain't sure as it's safe to be here even in daytimes, thow I never heered of her comin' out in the light." Mr. Duney turned resolutely away from the pit, and called to his dog, who was sitting near the edge, regarding his master with blinking eyes and lolling tongue. "I'll be goin', in case that Queensmead sees me from th' village. I cot this coney fair and square in th' open, but it be hard to make Queensmead believe it. Well, I'll be goin'. Good mornin', ma'aster."
He trudged away across the rise, with his dog following at his heels. Colwyn was about to turn away also, when his eye was caught by a scrap of stained and discoloured paper lying near the edge of the pit, where the rain had washed away some of the earth. He stooped, and picked it up. It was a slip of white paper, about five inches long, and perhaps three inches in width, quite blank, but with a very apparent watermark, consisting of a number of parallel waving lines, close together, running across the surface. Although the watermark was an unusual one, it seemed strangely familiar to Colwyn, who tried to recall where he had seen it before. But memory is a tricky thing. Although Colwyn's memory instantly recognised the watermark on the paper, he could not, for the moment, recollect where he had seen it, though it seemed as familiar to him as the face of some old acquaintance whose name he had temporarily forgotten. Colwyn ultimately gave up the effort for the time being, and placed the piece of paper in his pocket-book, knowing that his memory would, sooner or later, perform unconsciously the task it refused to undertake when asked.
Colwyn spent the afternoon in another solitary walk, and darkness had set in before he returned to the village. As he reached the inn he glanced towards the hut circles, and was startled to see something white move slowly along by the edge of the Shrieking Pit and vanish in the wood. There was something so weird and ghostly in the spectacle that Colwyn was momentarily astounded by it. Then his eye fell on the sea mist which covered the marshes in a white shroud, and he smiled slightly. It was not the White Lady of the Shrieking Pit he had seen, but a spiral of mist, floating across the rise.
The sight brought back to his mind the stories he had heard that day, and when he was seated at dinner a little later he casually asked Charles if he believed in ghosts. The fat man, with a sudden uplifting of his black eyes, as though to ascertain whether Colwyn was speaking seriously, replied that he did not.
"I'm surprised to hear of your scepticism, Charles, for I'm told that the apparition from the pit—the White Lady, as she is called—has favoured you with a special appearance," said Colwyn, in a bantering tone.
"I see what you mean now, sir. I didn't understand you at first. It was like this: some of the villagers were talking about this ghost in the bar a few nights back, and one or two of the villagers, who all firmly believed in it, declared that they had heard her wandering about the previous night, moaning and shrieking, as is supposed to be her custom. I, more by way of a joke than anything else, told them I had seen something white on the rise the previous night, when I was shutting up the inn. But the whole village has got it into their heads that I saw the White Lady, and they think because I've seen her I'm a doomed man. The country folk round about here are an ignorant and superstitious lot, sir."
"And did you actually see anything, Charles, the night you speak of?"
"I saw something, sir—something long and white—like a moving white pillar, if I may so express myself. While I looked it vanished into the woods."
"It was probably mist. I saw something similar this evening!"
"Very likely, sir. I do not think it was a ghost."
Colwyn did not pursue the subject further, though he was struck by the wide difference between Charles' account of the incident and that given to him by Duney at the pit that afternoon.
When Charles had cleared the table Colwyn sat smoking and thinking until late. After he was sure that the rest of the inmates of the inn had retired, he went to the kitchen and took the key of Mr. Glenthorpe's room from the hook of the dresser. When he reached his own bedroom, his first act was to push back the wardrobe and open the trap door he had discovered the previous night. He looked at his watch, and found that the hour was a little after eleven. He decided to wait for half an hour before carrying out the experiment he contemplated. By midnight he would be fairly safe from the fear of discovery. He lay down on his bed to pass the intervening time, but he was so tired that he fell asleep almost immediately.
He awakened with a start, and sat up, staring into the black darkness. For a moment or two he did not realise his surroundings, then the sound of stealthy footsteps passing his door brought him back to instant wakefulness. The footsteps halted—outside his door, it seemed to Colwyn. There followed the sound of a hand fumbling with a lock, followed by the shooting of a bolt and the creaking of a door. The truth flashed upon the detective; somebody was entering the next room. As he listened, there was the scrape of a match, and a moment later a narrow shaft of light streamed through the open wall-door into his room.
Colwyn got noiselessly off his bed and looked through the crack in the inner small door into the other room. The picture on the other side of the wall narrowed his range of vision, but through the inch or so of crack extending beyond the picture he was able to see clearly that portion of the adjoining bedroom in which the bed stood. Near the bed, examining with the light of a candle the contents of the writing table which stood alongside of it, was Benson, the innkeeper.
He was searching for something—rummaging through the drawers of the table, taking out papers and envelopes, and tearing them open with a furious desperate energy, pausing every now and again to look hurriedly over his shoulder, as though he expected to see some apparition start up from the shadowy corners. The search was apparently fruitless, for presently he crammed the papers back into the drawers with the same feverish haste, and, walking rapidly across the room, passed out of the view of the watcher on the other side, for the picture which hung on the inside wall prevented Colwyn seeing beyond the foot of the bed. Although the innkeeper could not now be seen, the sound of his stealthy quick movements, and the flickering lights cast by the candle he carried, suggested plainly enough that he was continuing his search in that portion of the room which was not visible through the crack.
In a few minutes he came back into Colwyn's range of vision, looking dusty and dishevelled, with drops of perspiration starting from his face. With a savage gesture, which was akin to despair, he wiped the perspiration from his face, and tossed back his long hair from his forehead. It was the first time Colwyn had seen his forehead uncovered, and a thrill ran through him as he noticed a deep bruise high upon the left temple. The next moment the innkeeper walked swiftly out of the room, and Colwyn heard him close the door softly behind him.
Colwyn waited awhile. When everything seemed quiet, he cautiously opened his door in the dark, and tried the door of the adjoining room. It was locked.
The innkeeper, then, had another key which fitted the murdered man's door. And what was he searching for? Money? The treasury notes which Mr. Glenthorpe had drawn out of the bank the day he was murdered, which had never been found? Money—notes!
By one of those hidden and unaccountable processes of the human brain, the association of ideas recalled to Colwyn's mind where he had previously seen the peculiar watermark of waving lines visible on the piece of paper he had picked up at the brink of the pit that afternoon: it was the Government watermark of the first issue of War Treasury notes.
Colwyn lit his bedroom candle, and examined the piece of paper in his pocket-book with a new and keen interest. There was no doubt about it, the mark on the dirty blank paper was undoubtedly the Treasury watermark. But how came such a mark, designed exclusively for the protection of the Treasury against bank-note forgeries, to appear on a dirty scrap of paper?
As he stood there, turning the bit of paper over and over, in his hand, puzzling over the problem, the solution flashed into his mind—a solution so simple, yet, withal, so remarkable, that he hesitated to believe it possible. But a further examination of the paper removed his doubts. Chance had placed in his hands another clue, and the most important he had yet discovered, to help him in the elucidation of the mystery of the murder of Roger Glenthorpe. But to verify that clue it would be necessary for him to descend the pit.
CHAPTER XXI
An orange crescent of a waning moon was sinking in a black sky as Colwyn let himself quietly out of the door and took his way up to the rise. But the darkness of the night was fading fast before the grey dawn of the coming day, and in the marshes below the birds were beginning to stir and call among the reeds.
Colwyn waited for the first light of dawn before attempting the descent of the pit. His plan was to climb down by the creepers as far as they went, and descend the remainder of the distance by the rope, which he would fasten to one of the shrubs growing in the interior. He realised that his chances of success depended on the slope of the pit and the depth to which the shrubs grew, but the attempt was well worth making. Assistance would have made the task much easier, but publicity was the thing Colwyn desired most to avoid at that stage of his investigations. There would be time enough to consider the question of seeking help if he failed in his individual effort.
He made his plans carefully before commencing the descent. He first tested a rope he had found in the lumber room of the inn; it was thin but strong and capable of bearing the weight of a heavier man than himself. The rope was not more than fifteen feet in length, but if the hardy climbing plants which lined the sides of the pit were capable of supporting him ten or twelve feet down, that length should be sufficient for his purpose. Having tested the rope and coiled it, he slipped it into the right-hand pocket of his coat with one end hanging out. Next he opened his knife, and placed it with a candle and a box of matches in his other pocket. Then turning on his electric torch, he lowered himself cautiously into the pit by the creepers which fringed the surface.
There was no difficulty about the descent for the first eight or ten feet. Then the shrubs that had afforded foothold for his feet suddenly ceased, and the foot that he had thrust down for another perch touched nothing but the slippery side of the pit. Clinging firmly with his left hand to the network of vegetation which grew above his head, Colwyn flashed his electric torch into the blackness of the pit beneath him. One or two long tendrils of the climbing plants which grew higher up dangled like pendulous snakes, but the vegetable growth ceased at that point. Beneath him the naked sides of the pit gleamed sleek and wet in the rays of the torch.
Pulling himself up a little way to gain a securer footing, Colwyn took the coil of rope from his pocket, and selecting a strong withe which hung near him, sought to fasten the end of the rope to it. It took him some time to do this with the hand he had at liberty, but at length he accomplished it to his satisfaction, and then he allowed the coils of the rope to fall into the pit. He next essayed to test the strength of the support, by pulling at it. To his disappointment, his first vigorous tug snapped the withe to which the rope was attached. He tied the rope to a stronger growth, but with no better result: the growths seemed brittle, and incapable of bearing a great strain when tested separately. It was the twisted network of the withes and twigs which gave the climbing plants inside the pit sufficient toughness to support his weight. Taken singly, they had very little strength.
Colwyn reluctantly realised that it would be folly to endeavour to attempt the further descent of the pit by their frail support, and he decided to relinquish the attempt.
As he was about to ascend, the light of the torch brought into view that part of the pit to which he was clinging, and he noticed that the testing of the withes had torn away a portion of the leafy screen, revealing the black and slimy surface of the pit's side. Colwyn was amazed to see a small peg, with a fishing line attached to it, sticking in the bare earth thus exposed. Somebody had been down the pit and placed it there—recently, judging by the appearance of the peg, which was clean and newly cut. What was at the other end of the line, which dangled in the darkness of the pit? A better hiding place for anything valuable could not have been devised. The thin fishing line was indiscernible against the slimy side of the pit, and Colwyn realised that he would never have discovered it had it not been for the lucky accident which had exposed the peg to which the line was anchored. A place of concealment chosen at the expense of so much trouble and risk indicated something well worth concealing, and it was with a strong premonition of what was suspended down the pit that the detective, taking a firmer hold of the twining tendrils above his head, began to haul up the line. The weight at the end was slight; the line came up readily enough, foot after foot running through his hand, and then, finally, a small oblong packet, firmly fastened and knotted to the end of the line.
Colwyn examined the packet by the light of the torch. It was a man's pocket-book of black morocco leather, a large and serviceable article, thick and heavy. The detective did not need the information conveyed by the initials "R. G." stamped in silver lettering on one side, to enlighten him as to the owner of the pocket-book and what it contained.
Removing the peg from the earth, Colwyn was about to place the pocket-book and the line in his pocket, but on second thoughts he restored the peg to its former position, and endeavoured to untie the knots by which the pocket-book was fastened to the line. It was difficult to do this with one hand, but, by placing the pocket-book in his pocket, and picking at the knots one by one, he at length unfastened it from the line. He tied his own pocket-book to the end of the line, and dropped it back into the pit. He next replaced the greenery torn from the spot where the peg rested. When he had restored, as far as he could, the original appearance of the hiding place, he ascended swiftly to the surface.
The first act, on reaching the fresh air, was to examine the contents of the pocket-book. As he anticipated, it was crammed full of notes of the first Treasury issue. He did not take them out to count them; a rook, watching him curiously from the edge of the wood, warned him of the danger of human eyes.
Here, then, was the end of his investigations, and a discovery which would necessitate his departure from the inn sooner than he had anticipated. Nothing remained for him to do but to acquaint the authorities with the fresh facts he had brought to light, indicate the man to whom those facts pointed, and endeavour to see righted the monstrous act of injustice which had condemned an innocent man to the ignominy of a shameful death. The sooner that task was commenced the better. The law was swift to grasp and slow to release, and many were the formalities to be gone through before the conviction of a wrongly convicted man could be quashed, especially in a grave charge like murder. Only on the most convincing fresh evidence could the jury's verdict be upset, and none knew better than Colwyn that such evidence had not yet been obtained. But the additional facts discovered during his second visit to the inn, if not in themselves sufficient to upset the verdict against Penreath, nevertheless threw an entirely new light on the crime, which, if speedily followed up, would prove Penreath's innocence by revealing the actual murderer. The only question was whether the police would use the clues he was going to place in their hands in the manner he wished them to be used. If they didn't—but Colwyn refused to contemplate that possibility. His mind reverted to the chief constable of Norfolk. He felt he was on firm ground in believing that Mr. Cromering would act promptly once he was certain that there had been a miscarriage of justice in the Glenthorpe case.
It would be necessary to arrange his departure from the inn in such a manner as not to arouse suspicion, and also to have the pit watched in case any attempt was made to recover the money he had found that morning. Colwyn, after some consideration, decided to invoke the aid of Police Constable Queensmead. His brief association with Queensmead had convinced him that the village constable was discreet and intelligent.
It was still very early as he descended to the village and sought the constable's house. His knock at the door was not immediately answered, but after the lapse of a minute or two the door was unbolted, and the constable's face appeared. When he saw who his visitor was he asked to be excused while he put on some clothes. He was back speedily, and ushered Colwyn into the room in which he did his official business.
"Queensmead," said the detective earnestly, "I have to go to Norwich, and I want you to do something for me in my absence. I am going to tell you something in strict confidence. Fresh facts have come to light in the Glenthorpe case. You remember Mr. Glenthorpe's money, which was supposed to have been stolen by Penreath, but which was never recovered. I found it this morning down the pit where the body was thrown."
"How did you get down the pit?" asked Queensmead.
"I climbed down the creepers as far as they went. I had a rope for the rest of the descent, but it wasn't needed, for I found Mr. Glenthorpe's pocket-book suspended by a cord about ten feet down. Here it is."
Queensmead scrutinised the pocket-book and its contents, and on handing it back remarked:
"Do you think Penreath returned and concealed himself in the wood to recover these notes?"
Colwyn was struck by the penetration of this remark.
"No, quite the contrary," he replied. "Your deduction is drawn from an isolated fact. It has to be taken in conjunction with other fresh facts which have come to light—facts which put an entirely fresh complexion on the case, and tend to exculpate Penreath."
"I would rather not know what they are, then," replied Queensmead quietly. "It is better I should not know too much. You see, it might be awkward, in more ways than one, if things are turning out as you say. What is it you want me to do?"
"I want you to watch the pit on the rise while I am away, chiefly at night. It is of paramount importance that the man whom I believe to be the thief and murderer should not be allowed to escape in my absence. I do not think that he has any suspicions, so far, and it is practically certain nobody saw me descend the pit. But if he should, by any chance, go down to the pit for his money, and find it gone, he would know he had been discovered, and instantly seek safety in flight. That must be prevented."
"How?"
"You must arrest him."
"I do not see how that can be done," replied Queensmead. "I cannot take upon myself to arrest a man simply for descending the pit. It's not against the law."
"In order to get over that difficulty I left my own pocket-book tied to the cord in the pit," replied Colwyn. "It's a black leather one, like Mr. Glenthorpe's. If the thief goes down he is hardly likely to discover the difference till he gets to the surface. You can arrest him for the theft of my pocket-book, which contains a little money. You can make a formal entry of my complaint of my loss."
"Well, I've heard that you were a cool customer, Mr. Colwyn, and now I believe it," replied Queensmead, laughing outright. "Fancy thinking out a plan like that down in the pit! But as you've made the complaint it's my duty to enter it, and keep a look out for your lost pocket-book. I'll watch the pit, and if anybody goes down it I'll arrest him."
"If the attempt is made it will not be in daytime—it will be in the night, you may be sure of that. I want you to watch the pit at night. The life of an innocent man may depend on your vigilance. It will only be for two nights, or three at the most. I shall certainly return within three days."
"You may depend on me," replied the constable. "I will go to the pit as soon as it grows dark, and watch from the edge of the wood till daylight."
"Thank you," said Colwyn. "I felt sure you would do it when you knew what was at stake. I have an idea that your vigil will not be disturbed, but I want to be on the safe side. I suppose you are not afraid of the ghost?"
"You have heard of the White Lady of the Shrieking Pit?" said Queensmead, looking at the other curiously.
"I have heard of her, but I have not heard her, or seen her. Have you?"
"I cannot say I have, but I live at the wrong end of the village, and I never go out at night. But there are plenty of villagers, principally customers of the Anchor, who are prepared to take their Bible oath that they have heard her—if not seen her. The White Lady has terrorised the whole village—since the murder."
There was something in the tone of the last three words which attracted the detective's attention.
"There was not much talk of the ghost before the murder, then?" he asked.
"Very little. I have been stationed here for two years, and hardly knew of its existence. Of course, it's a deep-rooted local tradition, and every villager has heard the story in childhood, and most of them believe it. Many of them actually think they have heard moans and shrieks coming from the rise during this last week or so. It's a lonely sort of place, with very little to talk about; it doesn't take much to get a story like that going round."
"Then you think there is some connection between the reappearance of the ghost and the hiding of the money in the pit it is supposed to haunt?"
"It's not my business to draw inferences of that kind, sir. I leave that to my betters, if they think fit to do so. I am only the village constable."
"But you've already inferred that the legend has been spread round again by means of gossip at the Anchor. Was it started there?"
"It was and it wasn't. A fool of a fellow named Backlog burst into the tap-room one night and said he had heard the White Lady shrieking, and Charles—that's the waiter—declared that he had seen something white the same night. That was the start of the business."
"So I have heard. But what has kept it going ever since?"
"Well, from what I hear—I never go to the inn myself, but a local policeman learns all the gossip in a small place like this—the subject is brought up in the bar-room every evening, either by the innkeeper or Charles, and discussed till closing time, when the silly villagers go home, huddled together like a flock of sheep, not daring to look round for fear of seeing the White Lady."
"Do Benson and Charles both believe in the ghost?"
"It seems as if they do." The constable's voice was noncommittal.
As Colwyn rose to go, Queensmead looked at him with a trace of hesitation in his manner.
"Perhaps you'd answer me a question, sir," he said in a low tone, as though afraid of being overheard. "That greenery that grows inside the pit, by which you climbed down, will it support a heavy weight?"
"It will hold a far heavier man than you, if you are thinking of making the descent," said Colwyn laughingly. "It's a case of unity is strength. The tendrils of the climbing plants are so twisted together that they are as tough as ropes."
"Thank you. What time will you reach here when you return?"
"Probably not before dusk, but certainly by then. In the meantime, of course, you will not breathe a word of this to anybody."
"I am not likely to do that. I shall keep a close watch on the pit till I see you again."
"That's right. Good day."
"Good day, sir."
It still wanted a few minutes to seven when Colwyn returned to the inn. The front door was as he had left it, closed, but unlocked. The house was silent: nobody was yet stirring. He locked the door after him, and proceeded to his room, pleased to think he had not been seen going or coming. His first act on reaching his room was to lock the door and count the money in the pocket-book. The money was all in single Treasury notes, with one five-pound note. The case contained nothing else except a faded newspaper clipping on Fossil Sponges. Colwyn replaced the notes, and put the case in an inside breast pocket. He next performed the best kind of toilet the primitive resources of the inn permitted, and occupied himself for an hour or so in completing his notes of his investigations.
While he was breakfasting he saw the innkeeper passing the half-open door, and he called him into the room and told him to let him have his bill without delay, as he was returning to Durrington that morning. The innkeeper made no comment on hearing his guest's intention, and Charles brought in the bill a little later. Colwyn, as he paid it, casually asked Charles if he happened to know the time of the morning trains from Heathfield.
"There's one to Durrington at eleven o'clock, sir," said the waiter, consulting a greasy time-table. "There's one at 9:30, but it's a good long walk to the station, and you could not catch it because there's no way of getting there except by walking, as you know, sir."
"The eleven o'clock train will suit me," said Colwyn, consulting his watch.
"Shall I go and get your bag, sir?"
"No, thanks, I've not packed it yet."
Colwyn went upstairs shortly afterwards determined to pack his bag and leave the place as soon as possible. As he was about to enter his room he saw Peggy appear at the end of the passage. She looked at him with a timid, wistful smile, and made a step towards him, as though she would speak to him. Colwyn pretended not to see her, and hurried into his room and shut the door. How could he tell her what she had so innocently done in recalling him to the inn? How inform her what the cost of saving her lover would be to her? Somebody else must break the news to her, when it came to that. He packed his things quickly, anxious only to leave a place which had grown repugnant to him, and to drop the dissimulation which had become hateful. Never had he so acutely realised how little a man is master of his actions when entangled in the strange current of Destiny which men label Chance.
When he emerged from the room with his bag, Peggy was no longer visible. The innkeeper was standing in the passage as he went downstairs, and Colwyn nodded to him as he passed. He breathed easier in the fresh morning air, and set out briskly for the station.
He reached Heathfield an hour later, and found he had nearly half an hour to wait for his train. The first ten minutes of that time he utilised despatching two telegrams. One was to the chief constable of Norfolk, at Norwich, and the other to Mr. Oakham, in London. In the latter telegram he indicated that fresh discoveries had come to light in Penreath's case, and he asked the solicitor to go as soon as possible to Norwich where he would await him at his hotel.
CHAPTER XXII
Colwyn reached Durrington by midday, and proceeded to the hotel for his letters and lunch. After a cold meal served by a shivering waiter in the chilly dining room he went to the garage where he had left his car, and set out for Norwich. He arrived at the cathedral city late in the afternoon, and drove to the hotel where Mr. Oakham had stayed. While engaging a room, he told the clerk that he expected Mr. Oakham from London, and asked to be informed immediately he arrived. After making these arrangements the detective left the hotel and went to the city library, where he spent the next couple of hours making notes from legal statutes and the Criminal Appeal Act.
When he returned to the hotel for dinner the clerk informed him that Mr. Oakham had arrived a short time previously, and had requested that Mr. Colwyn would join him at dinner. Colwyn proceeded to the dining-room, and saw Mr. Oakham dining in solitary state at a large table, reading a London evening newspaper between the courses. He looked up as Colwyn approached, and rose and shook hands.
"This is an unexpected pleasure," said the detective. "I hardly thought you would get here before the morning."
"I had arranged to visit Norwich to-morrow, but in view of the urgent nature of your telegram I decided to catch the afternoon train instead," replied the solicitor. "Will you dine with me, Mr. Colwyn, and we can talk business afterwards."
Colwyn complied, and when the meal was finished, Mr. Oakham turned to him with an eagerness which he did not attempt to conceal, and said:
"Now for your news, Mr. Colwyn. But, first, where shall we talk?"
"As well here as anywhere. There is nobody within hearing."
The solicitor followed his glance round the almost empty dining-room, and nodded acquiescence. Drawing his chair a little nearer the detective, he begged him to begin.
"I have not very much to tell you—at present. But since the conviction of your client, James Ronald Penreath, I have been back to the inn where the murder was committed, and I have discovered fresh evidence which strengthens considerably my original belief that Penreath is an innocent man. But I have reached a stage in my investigations when I need your assistance in completing my task before I go to the authorities with my discoveries. It is hardly necessary for me to tell a man of your experience that it is one of the most difficult things in the world to upset a jury's verdict in a case of murder."
"What have you discovered?"
"This, for one thing." Colwyn produced the pocket-book, and displayed the contents on the table. "This is the murdered man's pocket-book, containing the missing notes which Penreath is supposed to have murdered him for. The prosecution dropped the charge of robbery, but the theft formed an important part of the Crown theory of the crime, as establishing motive."
"Where did you find this pocket-book?"
"Suspended by a piece of cord, half way down the pit where the body was flung."
"It's an interesting discovery," replied Mr. Oakham thoughtfully tapping his nose with his gold-rimmed eye-glasses as he stared at the black pocket-book on the white tablecloth. "Speaking personally, it is proof of what I have thought all along, that a Penreath of Twelvetrees would not commit a robbery. Therefore, on that line of reasoning, one could argue that as Penreath did not commit the robbery, and the Crown hold that the murder was committed for the money, Penreath must be innocent. But the Crown is more likely to hold that as Penreath threw the body in the pit, he concealed the money there afterwards, and was hiding in the wood to recover it when he was arrested. The real point is, Mr. Colwyn, can you prove that it was not Mr. Penreath who placed the money in the pit?"
"I believe I can prove, at all events, that it was not Penreath who threw the body into the pit."
"You can! Then who was it?"
"I am not prepared to answer that question at the moment. During my visit to the inn I made a number of other discoveries besides that of the pocket-book, which, though slight in themselves, all fit in with my present theory of the murder. But before disclosing them, I want to complete my investigations by testing my theory to the uttermost. It is just possible that I may be wrong, though I do not think so. When I have taken the additional step which completes my investigations, I will go to the chief constable, reconstruct the crime for him as I see it now, and ask him to take action."
"Then why have you sent for me?"
"To help me to complete my task. Part of my theory is that Penreath is deliberately keeping silent to shield some one else. The solicitor of a convicted man has access to him even when he is condemned to death. I want you to take me with you to see Penreath."
"For what purpose?"
"In order to get him to speak."
"It would be quite useless." The lawyer spoke in some agitation. "I have seen him twice since the verdict, and implored him to speak if he has anything to say, but he declared that he had nothing to say."
"Nevertheless, I shall succeed where you have failed. Penreath is an innocent man."
"Then why does he not speak out, even now—more so now than ever?"
"He has his reasons, and they seem sufficient to him to keep him silent even under the shadow of the gallows."
"And why do you think he will confide them to you, when he refuses to divulge them to his professional adviser?"
"He will not willingly reveal them to me. My hope of getting his story depends entirely upon my success in springing a surprise upon him. That is one of my reasons for not telling you more just now. The mere fact that you knew would hamper my handling a difficult situation. The slightest involuntary gesture or look might put him on his guard, and the opportunity would be lost. It is not absolutely essential that I should gain Penreath's statement before going to the police, but if his statement coincides with my theory of the crime it will strengthen my case considerably when I reconstruct the crime for the police."
"Your way of doing business strikes me as strange, Mr. Colwyn," said the solicitor stiffly. "As Mr. Penreath's professional adviser, surely I am entitled to your fullest confidence. You are asking me to behave in a very unprofessional way, and take a leap in the dark. There are proper ways of doing things. I will be frank with you. I have come to Norwich in order to urge Penreath for the last time to permit me to lodge an appeal against his conviction. That interview has been arranged to take place in the morning."
"Has he previously refused to appeal?"
"He has—twice."
"May I ask on what grounds you are seeking permission to appeal?"
"If he consents, my application to the Registrar would be made under Section Four of the Criminal Appeal Act," was the cautious reply.
"That means you are persisting in your original defence—that Penreath is guilty, but insane. Therefore your application for leave to appeal against the sentence on the ground of insanity only enables you to appeal to the Court to quash the sentence on the ground that Penreath is irresponsible for his acts. Even if you succeed in your appeal he will be kept in gaol as a criminal lunatic. In a word, you intend to persist in a defence which, as I told you before the trial, had very little chance of success. In my opinion it has no more chance of success before the Court of Appeal. You have not sufficient evidence for a successful defence on the grounds of insanity. The judge, in his summing up at the trial, was clearly of the opinion that Sir Henry Durwood was wrong in thinking Penreath insane, and he directed the jury accordingly.
"In my opinion the judge was right. I do not think Penreath is insane, or even subject to fits of impulsive insanity. If you ask my opinion, I think he is still suffering from the effects of shell shock, and, like many other brave men who have been similarly affected, he endeavoured to conceal the fact. I have come to the conclusion that Penreath's peculiar conduct at the Durrington hotel, on which Sir Henry based his theory of furor epilepticus, was nothing more than the combined effect of mental worry and an air raid shock on a previously shattered nervous system. Penreath is a sane man—as sane as you or I—and my late investigations at the scene of the murder have convinced me that he is an innocent man also. The question is, are you going to allow professional etiquette to stand in the way of proving his innocence?"
"But you have not shown me anything to convince me that he is an innocent man. Your statement comes as a great surprise to me, and you cannot expect that I should credit your bare assumption. It would be exceedingly difficult to believe without the most convincing proofs, which you have not brought forward. I prepared the case for the defence at the trial, and I only permitted that defence to be put forward because there was no other course—the evidence was so overwhelming, and Penreath's obstinate silence in the face of it pointed so conclusively to his guilt."
"Nevertheless, you were wrong. The question is, are you going to help me undo that wrong?"
"You have not yet proved to me that it is a wrong," quibbled the solicitor.
"Mr. Oakham, let me make this quite clear to you," said the detective sternly. "I have sent for you out of courtesy, because, as I said before, I like to do things in a regular way. As you force me to speak plainly, there is another reason, which is that I did not wish to make you look small, or injure your professional reputation, by acting independently of you. It would be a bad advertisement for Oakham and Pendules if it got abroad—as it assuredly will if you persist in your attitude—that an innocent client of yours was almost sent to the gallows through your wrong defence at his trial. It is in your hands to prevent such a scandal from becoming public property. But if you are going to stand on professional etiquette it is just as well you should understand that I am quite prepared to act independently of you. I have sufficient influence to obtain an order from the governor of the gaol for an interview with the condemned man, and I shall do so. I have discovered sufficient additional evidence in this case to save Penreath, and I am going to save him, with or without your assistance. You have had your way—it was a wrong way. Now I am going to have my way. I only ask you to trust me for a few hours. After I have seen Penreath you are at liberty to accompany me to the chief constable, to whom I shall tell everything. That is my last word."
"I will do as you ask, Mr. Colwyn," replied the solicitor, after a short pause. "Not because I am apprehensive of the consequences, but because you have convinced me that it would be foolish and wrong on my part to place any obstacles in the way of establishing my client's innocence, even if it is only the smallest chance. You must forgive my hesitation. I am an old man, and your story has been such a shock that I am unable to realise it yet. But I will not stand on punctilio when it is a question of trying to save a Penreath of Twelvetrees from the gallows. I think I can arrange it with the governor of the gaol to permit you to accompany me when I see Penreath in the morning. That interview is to take place at twelve o'clock. We can go together from here to the gaol, if that will suit you."
"That will suit me excellently. And before that interview takes place I should be glad if you would tell me the facts of Penreath's engagement to Miss Willoughby."
"I really know very little about it," said Mr. Oakham, looking somewhat surprised at the question. "I have heard, though, that Penreath met Miss Willoughby in London before the war, and became engaged after a very brief acquaintance. Ill-natured people say that the girl's aunt threw her at Penreath's head. The aunt is a Mrs. Brewer, a wealthy manufacturer's widow, a pushing nobody——"
"I have met her."
"I had forgotten. Well, you know that type of woman, with an itch to get into Society. Perhaps she thought that the marriage of her niece to a Penreath of Twelvetrees would open doors for her. At any rate, I remember there was a great deal of tittle-tattle at the time to the effect that she manoeuvred desperately hard to bring about the engagement. On the other hand, there can be no harm in stating now that Ronald Penreath's father was almost equally keen on that match for monetary reasons. The Penreaths are far from wealthy. From that point of view the match seemed suitable enough—money on one side, and birth and breeding on the other. I am not sure that there was very much love in the case, or that the young people's feelings were deeply involved on either side. There is no reason why I should not mention these things now, for the match has been broken off. It was broken off shortly after Penreath's arrest."
"By the young lady?"
"By the aunt, in her presence. It happened the day after they went to Heathfield to identify Penreath. Mrs. Brewer was furious about the whole business as soon as she ascertained that it wasn't a mistake, as she had hoped at first, and that there was likely to be much unpleasant publicity over it. She said she would never be able to hold up her head in Society after the disgrace, and all that sort of thing. It all came about through my asking Miss Willoughby if she would like to see her lover while he was awaiting trial. The girl replied, coldly enough, that it would be time enough to see him after he had cleared himself of the dreadful charge hanging over his head. By the way she spoke she seemed to think herself a deeply injured person, as perhaps she was. Then the aunt had her say, and insisted that I must tell Penreath the engagement was broken off. I asked Miss Willoughby if that was her wish also, and she replied that it was. I told Penreath the following day, but I do not think that it worried him very much."
"I do not think it would," replied Colwyn with a smile.
CHAPTER XXIII
Colwyn found Mr. Oakham awaiting him in the hotel lobby, a little before eleven the following morning, to inform him that the necessary arrangements had been made to enable him to be present at his interview with Penreath. Colwyn forbore to ask him on what pretext he had obtained the gaol governor's consent to his presence, but merely signified that he was ready. Mr. Oakham replied that they had better go at once, and asked the porter to call a taxi.
On arriving at the gaol they passed through the double entrance gates, Mr. Oakham turned to a door on the left just within the gates, and entered. The door opened into a plainly furnished office, with walls covered with prison regulations. Behind a counter, at a stand-up desk opposite the door, a tall burly man in a uniform of blue and silver was busily writing in a large ledger. Ranged in rows, on hooks alongside him, were bunches of immense keys, and as he turned to attend to Oakham and Colwyn another bunch of similar keys could be seen dangling at his side. Mr. Oakham explained the purpose of their visit, and produced the order for the interview. The functionary in blue and silver, who was the entrance gaoler, perused it attentively, and pushed over two forms for the solicitor and the detective to fill in. It was the last formality that the law insisted on—a grim form of visiting card whereon the visitor inscribes his name and business, which is sent to the condemned man, who must give his consent to the interview before it is granted.
When Mr. Oakham and Colwyn had filled in their forms the entrance gaoler took them and pulled a rope. Somewhere in a corridor a bell clanged, and a moment afterwards a gaoler opened a small door on the other side of the counter. The entrance gaoler gave him the forms, and he disappeared with them. There ensued a long period of waiting, and nearly half an hour elapsed before he reappeared again, accompanied by a warder. The blue and silver functionary silently lifted the flap of the counter, and beckoned Mr. Oakham and Colwyn to accompany the warder through the small door at the other end of the room.
They went through and the bell clanged once more as the door closed behind them. The warder took them along a corridor to a door at the farther end, and ushered them into a room—a large apartment, not unlike a board room, furnished with a table and chairs ranged on each side. It was the governor of the gaol's room, where the interview was to take place. Colwyn took one of the chairs at the table, Mr. Oakham took another, and silently they awaited the coming of the condemned man.
Another quarter of an hour elapsed before the door at the other end of the room opened, and Penreath appeared between two warders. They conducted him to the table, and placed a chair for him. With a quick glance at his visitors he sat down, and the warders seated themselves on each side of him. The warder who had brought the visitors in then nodded to Mr. Oakham, as an indication that the interview might begin.
In the brief glance that the young man cast at his visitors Colwyn observed both calmness of mind and self-possession. Although deep shadows under the eyes and the tenseness of the muscles round the mouth revealed sleepless nights and mental agony, Penreath's face showed no trace of insanity or the guilty consciousness of evil deeds, but had the serene expression of a man who had fought his battle and won it.
Mr. Oakham began the interview with him in a dry professional way, as though it were an interview between solicitor and client in the sanctity of a private room, with no hearers. And, indeed, the prison warders sitting there with the impassive faces of officialdom might have been articles of furniture, so remote were they from displaying the slightest interest in the private matters discussed between the two. No doubt they had been present at many similar scenes, and custom is a deadening factor. Mr. Oakham's object was to urge his client to consent to the lodgement of an appeal against the jury's verdict, and to that end he advanced a multitude of arguments and a variety of reasons. The young man listened patiently, but when the solicitor had concluded he shook his head with a gesture of finality which indicated an unalterable refusal.
"It's no use, Oakham," he said. "My mind is quite made up. I'm obliged to you for all the trouble you have taken in my case, but I cannot alter my decision. I shall go through with it—to the end."
"In that case it is no use my urging you further." Mr. Oakham spoke stiffly, and put his eye-glasses in his pocket with an air of vexation. "Mr. Colwyn has something to say to you on the subject. Perhaps you will listen to him. He believes he can help you."
"He helped to arrest me," said Penreath, with a slight indifferent look at the detective.
"But not to convict you," said Colwyn. "I had hoped to help you."
"What do you want of me?" Penreath's tone was cold.
"In the first place, I have to say that I believe you innocent."
The young man lifted his eyebrows slightly, as if to indicate that the other's opinion was a matter of indifference to him, but he remained silent.
"I have come to beg of you, even at this late hour, to break your silence, and give an account of your actions that night at the inn."
"You might have saved yourself the trouble of coming here. I have nothing whatever to say."
"That means that you continue in your refusal to speak. Will you answer one or two questions?"
"No."
"Will you not tell me why you kept silence about what you saw in Mr. Glenthorpe's room that night of the murder?"
"Man, how did you find that out?" Penreath's calm disappeared in a sudden fury of voice and look. "What do you know?"
"I know whom you are trying to shield," replied the detective, with his eyes fixed on Penreath's face. "You are wrong. She——"
"I beg of you to be silent! Do not mention names, for God's sake." Penreath's face had grown suddenly white.
"It is in your power to ensure my silence."
"How?"
"By speaking yourself."
"That I will never do."
"Then you compel me to go to the authorities and tell them what I have discovered. I will save you in spite of yourself."
"Do you think that I want to be saved—like that?"
Struggling desperately for self-control Penreath turned to Mr. Oakham. "Why did you bring Mr. Colwyn here?" he asked the solicitor fiercely. "To torture me?"
Before Mr. Oakham could reply Colwyn laughed aloud. A clear ringing laugh of unmistakable satisfaction. The laugh sounded strangely incongruous in such a place.
"Penreath," he said, "you've told me all that I came here to know. You're a splendid young Briton, but finesse is not your strong point. You've acted like a quixotic young idiot in this case, and got yourself into a nice muddle for nothing. The girl is as innocent as you are, and you are a pair of simpletons! Yes. I mean what I say," continued the detective, answering the young man's amazed look with a reassuring smile. "Do you think that I would want to save you at her expense? Now perhaps, when I have told you what happened that night, you will answer a few questions. Before you went to bed you sat down and wrote a letter on a leaf torn from your pocket-book. That letter was to Miss Willoughby, breaking off your engagement. After writing it you went to bed. At that time it was raining hard.
"You must have fallen asleep almost immediately, and slept for half an hour—perhaps a little more—for when you awoke the rain had ceased. You heard a slight noise in your room, and lit your candle to see what it was. There was a rat in the corner of the room. You got up to throw something at it, but as soon as you moved the rat darted across the room and disappeared behind the wardrobe at the side of the bed. You pushed back the wardrobe and——"
"For God's sake, say no more!" said Penreath. His face was grey, and he was staring at the detective with the eyes of a man who saw his heart's secret—the secret for which he was prepared to die—being dragged out into the light of day. "How did you learn all this?"
"That does not matter much just how. What you saw through the wall made you determine to leave the house as speedily as possible, and also caused you to destroy the letter you had written to Miss Willoughby.
"You were wrong in what you did. In the first place, you misinterpreted what you saw through the door in the wall. By thinking Peggy guilty and leaving the inn early in the morning, you not only wronged her grievously, but brought suspicion on yourself. Peggy's presence in the room was quite by accident. She had gone to ask Mr. Glenthorpe to assist you in your trouble, by lending you money, and, finding the door open, she impulsively went in and found him dead—murdered. And at the bedside she picked up the knife—the knife you had used at dinner—and this."
Colwyn produced Penreath's match-box from his pocket and laid it on the table in front of him.
"Because of the knife and this match-box she thought you guilty."
"I! Why I never left my room after I went into it," exclaimed Penreath. "I left the match-box in the room where I had dined with Mr. Glenthorpe. When I awoke after falling asleep, and heard the noise in the room—just as you describe—I could not find my match-box when I wanted a match to light my candle, then I remembered that I had left it in the sitting-room on the mantelpiece. I happened to find a loose match in my vest pocket."
"Peggy came to see me at my hotel, after the trial, and told me all she knew," continued Colwyn. "It was well she did, for my second visit to the inn brought to light a number of facts which will enable me to establish your innocence."
"And what about the real murderer?" asked Penreath, in a hesitating voice, without looking at the detective.
"We will not go into that just now, unless you have anything to tell me that will throw further light on the events of the night." Colwyn shot a keen, questioning glance at the young man.
"I will answer any questions you wish to put to me. It is the least I can do after having made such a fool of myself. It was the shock of seeing Peggy in the room that robbed me of my judgment. I should have known her better, but you must remember that I had no idea she was in the house until I looked through the door in the wall which I had accidentally discovered, and saw her standing at the bedside, with the knife in her hand. I started to follow her home that day because I wished to know more about her. I lost my way in the mist. I met a man on the marshes who directed me to the village and the inn."
"When she heard your voice, and saw you going upstairs, she waited about in the hope of seeing you before she went to bed, as she wished to avoid meeting you in the presence of her father. When she saw Mr. Glenthorpe's door open she acted on a sudden impulse, and went in."
"I have been rightly punished for my stupidity and my folly," said Penreath. "I have wronged her beyond forgiveness."
"You really have not much to blame yourself for except your obstinate silence. That was really too quixotic, even if things had been as you imagined. No man is justified in sacrificing his life foolishly. And you had much to live for. You had your duty to do in life. Nobody knew that better than you—a soldier who had served his country gallantly and well. In fact, your silence has been to me one of the puzzles of this case, and even now it seems to me that you must have had a deeper motive than that of shielding the girl, because you could have asserted your innocence without implicating her."
"You are a very clever man, Colwyn," said the other slowly. "There was another reason for my silence."
"What was it?"
"I am supposed to be an epileptic. I happen to know a little of the course of that frightful disease, and it seemed to me that it was better to die—even at the hands of the hangman—than to live on to be a burden to my friends and relations, particularly when by dying I could shield the girl I loved. That is why I was glad when the plea put up for my defence failed. I preferred to die rather than live branded as a criminal lunatic. So, you see, it was not such a great sacrifice on my part, after all."
"What brought you back to the wood where you were arrested?"
"To see her. I do not know if I wanted to speak to her; but I wanted above all things to see her once again. When I left the inn that morning I had no idea that I might fall under suspicion for having committed the murder, but I was desperately unhappy after what I had seen the night before, and I didn't care what I did or where I went. Instead of walking back to Durrington I struck across the marshes in the opposite direction. I walked along all day, through a desolate area of marshes, meeting nobody except an old eel fisherman in the morning, and, later on, a labourer going home from his work. I was very tired when I saw the labourer, and I asked him to direct me to some place where I could obtain rest and refreshment. He pointed to a short cut across the marshes, which, he said, led to a hamlet with an inn. I went along the path he had pointed out, but I lost my way in the gathering darkness. After wandering about the marshes for some time I saw the light of a cottage window some distance off, and went there to inquire my way. The occupant, an old peasant woman, could not have heard anything about the murder, for she was very kind to me, and gave me tea and food. Afterwards I set out for the inn again, and when I reached the road I sat down by the side of it to rest awhile.
"While I was sitting there two men came along. They did not see me in the dark, and I heard them talking about the murder, and from what they said I knew that I was suspected, and that the whole country side was searching for me. It seemed incredible to me, and my first instinct was to fly. I sat there until the men's voices died away in the distance, then I turned off the road, and hurried across some fields, looking for a place to hide. After walking some distance I came to a large barn, standing by itself. The door was open, and I went in. I had no matches, but I felt some hay or straw on the floor. I lay down and pulled some over me, and fell fast asleep.
"I had only intended to rest in the barn for a while, but I was so tired that I slept all night. When I awoke it was broad daylight. I did not know where I was at first, but it all came back to me, and I started up in a fright, determined to leave the barn as quickly as possible, for I knew it was an unsafe hiding place, and likely to be searched at any time. But before I could get away I heard loud voices approaching, and I knew I should be seen. I looked hastily around for some place of concealment. It was just a big empty shed with one or two shelves covered with apples, and a lot of straw on the floor. In desperation, as the voices came nearer, I lay down on the floor again, and pulled straw over me till I was completely hidden from view.
"The door opened, and some men looked in. Through the straw that covered me I could see them quite distinctly—three fishermen and a farm labourer—though apparently they couldn't see me. From their conversation I gathered that they formed part of a search party looking for me, and had been told off to search the barn. This apparently they were not anxious to do, for they merely peeped in at the door, and one of them, in rather a relieved tone, said I wasn't in there, wherever I was. One of the fishermen replied that he expected that I was far enough off by that time. They stood at the door for a few moments, talking about the murder, and then they went away.
"I stayed in the barn all day, but nobody else came near me. When it was dark, I filled my pockets with apples from the shelves, and went out. I wandered about all night, and found myself close to a railway station at daybreak. I had been in that part of the country before, so I knew where I was—not far from Heathfield, with Flegne about three miles away across the fields. The country was nearly all open, and consequently unsafe. As I walked through a field I spied a little hut, almost hidden from view in a clump of trees. The door was open, and I could see it was empty. I went in, lay down, and fell fast asleep.
"When I awoke it was getting dusk. I was very stiff and cold, so I started out walking again to get myself warm. It was then, I remember well, that the longing came over me to see Peggy again. I cursed myself for my weakness, knowing what I knew—or thought I knew, God forgive me.
"I found myself making my way back to Flegne as fast as my legs would carry me—which wasn't very fast, because I was weak from want of food, and so footsore that I could hardly stumble along. But I got over the three miles somehow, and reached the wood, where I crawled into some undergrowth, and lay there all night, sometimes dozing, sometimes wide awake, and sometimes a bit light-headed, I think. It was there you found me next day, and I was glad you did. I was about finished when I saw you looking through the bushes and only too glad to come out. I didn't care what happened to me then. And now, I have told you all."
The young man, as he finished his story, buried his face in his hands, as though overcome by the recollection of the mental anguish he had been through, and what he had endured.
"Not quite all, I think," said Colwyn, after a pause.
"I have told you everything that counts," said Penreath, without looking up.
"You have not," replied the detective firmly. "You have not told me all you saw when you were looking through the door between the two rooms the night of the murder."
Penreath raised his head and regarded the other with startled eyes.
"What do you mean?" he said, in a whisper.
"I mean that you have kept back that you saw the body removed," he said grimly.
"Are you a man or a wizard?" cried Penreath fiercely. "God! how did you find that out?"
"By guess work, if you like," responded the other coolly. "Listen to me! There has been too much concealment about this case already, so let us have no more of it. It was because of what you saw afterwards that your suspicions were doubly fastened on the girl, is that not so? I thought as much," he continued, as the other nodded without speaking. "How long after Peggy left the room was it before the body was removed?"
"Not very long," replied Penreath. "After she went out of the room I sat on the bedside. I did not close the small door I had discovered, or replace the wardrobe. I was too overwhelmed. In a little while—perhaps ten minutes—I saw a light shine through the hole again. I went to it and looked through—God knows why—and I saw somebody walking stealthily into the room, carrying a candle. He went to the bedside and, with a groan, lifted the body on to his shoulders, and carried it out of the room. I crept to my door, and looked out and saw him descending the stairs. God in heaven, what a horror, what a horror!
"I waited to see no more. I shut the door in the wall, pulled the wardrobe back into its place and determined to leave the accursed inn as soon as it was daylight. In my cell at nights, when I hear the footsteps of the warder sounding along the corridor and dying away in the distance, it reminds me of how I stood at the door that night, listening to the sound of the footsteps stumbling down the staircase."
"You heard the footsteps distinctly, then?" said the detective.
"Distinctly and clearly. The staircase is a stone one, as you know."
"Did you put your boots out to be cleaned before you went to bed?"
"Yes."
"And were they there when you looked out of the door?"
"I do not remember. But I know they were there in the morning, dirty and covered with clay. I took them in, and was about to put them on, when the servant knocked at the door with a cup of morning tea. I answered the door with the boots in my hand. She offered to clean them for me, and was taking them away, but I called her back and said I would not wait for them. I was too anxious to get away from the place."
"Do you remember when you lost the rubber heel of one of them?"
"It must have been when I was walking the previous day. They were only put on the day before. I happened to mention to a bootmaker at Durrington that my left heel had become jarred with walking. He recommended me to try rubber heels to lessen the strain, and he put them on for me. I had never worn them before, and found them very uncomfortable when I was walking along the marshes. They seemed to hold and stick in the wet ground."
"And now there are one or two other points I want you to make clear. Why did you register in the name of James Ronald at the Durrington Hotel?"
"That was merely a whim. I was disgusted with London and society after my return from the front. Those who have been through this terrible war learn to see most things at their true worth, and the frivolity, the snobbishness, and the shams of London society at such a time sickened and disgusted me. They tried to lionise me in drawing rooms and make me talk for their entertainment. They put my photograph in the illustrated papers, and interviewed me, and all that kind of thing. What had I done! Nothing! Not a tithe of what thousands of better men are doing every day out there. So I went away from it all. I had no intention, when I went into the hotel, of not registering in my full name though. That came about in a peculiar way. It was the first registration form I had seen—it was the first hotel I had stayed at after nearly eighteen months at the front—and I put down my two christian names, James Ronald, in the wrong space, the space for the surname, which is the first column. I saw my error as I glanced over the form, but the girl, thinking I had filled it up, took it away from me. It then struck me that it was just as well to let it go; it would prevent my being worried by fools."
"And how came it that you ran so short of money that you had to leave the hotel?"
"I have practically nothing except what my father allows me, and which is paid quarterly through his bankers in London. I left London with a few pounds in my pocket, and thought no more about money until the hotel proprietor stopped me one morning and asked me politely to discharge my bill, as I was a stranger to him. It was then that I first realised the difference between a name like Penreath of Twelvetrees and plain James Ronald. I was furious, and told him he should have the money in two days, as soon as I could communicate with my London bankers. I wrote straight away, and asked them to send me some money. The money came, the morning I was turned out of the hotel; I saw the letter in the rack, addressed to J. R. Penreath, but what good was that to me? I could not claim it because I was booked in the name of James Ronald. I knew nobody in the place to whom I could apply. I had some thoughts of confiding in the hotel proprietor, but one look at his face was sufficient to put that out of the question.
"So I went in to breakfast, desperately angry at being treated so, and feeling more than a little ill. You know what happened at the breakfast table. I began to feel pretty seedy, and left my place to get to the fresh air, when that doctor—Sir Henry Durwood—jumped up and grabbed me. I tried to push him off, but he was too strong for me, and I found myself going. The next thing I knew was that I was lying in my bedroom, and hearing somebody talk. After you had left the room I determined to leave the hotel as quickly as possible. I packed a small handbag, and told the hotel-keeper on my way downstairs that he could keep my things until I paid my bill. Then I walked to Leyland Hoop, where I had an appointment with Peggy, as you know. I seem to have acted as a pretty considerable ass all round," said the young man, with a rueful smile. "But I had a bad gruelling from shell-shock. I wouldn't mention this, but it's really affected my head, you know, and I don't think I'm always quite such a fool as this story makes me appear to be."
"And your nerves were a bit rattled by the Zeppelin raid at Durrington, were they not?" said Colwyn sympathetically.
"You seem to know everything," said the young man, flushing. "I am ashamed to say that they were."
"You have no cause to be ashamed," replied Colwyn gently. "The bravest men suffer that way after shell-shock."
"It's not a thing a man likes to talk about," said Penreath, after a pause. "But if you have had experience of this kind of thing, will you tell me if you have ever seen a man completely recover—from shell-shock, I mean?"
"I should say you will be quite yourself again shortly. There cannot be very much the matter with your nerves to have stood the experience of the last few weeks. After we get you out of here, and you have had a good rest, you will be yourself again."
"And what about this other thing—this furor epilepticus, whatever it is?" asked Penreath, anxiously.
"As you didn't murder anybody, you haven't had the epileptic fury," replied Colwyn, laughing.
"But Sir Henry Durwood said at the trial that I was an epileptic," persisted the other.
"He was wrong about the furor epilepticus, so it is just as likely that he was wrong about the epilepsy. His theory was that you were going to attack somebody at the breakfast table of the hotel, and you have just told us that you had no intention of attacking anybody—that your only idea was to get out of the room. You are neither an epileptic nor insane, in my opinion, but at that time you were suffering from the after effects of shell-shock. Take my advice, and forget all about the trial and what you heard there, or, if you must think of it, remember the excellent certificate of sanity and clear-headedness which the doctors for the Crown gave you! When you get free I'll take you to half a dozen specialists who'll probably confirm the Crown point of view."
Penreath laughed for the first time.
"You've made me feel like a new man," he said. "How can I thank you for all you have done?"
"The only way you can show your gratitude is by instructing Mr. Oakham to lodge an appeal for you—at once. Have you the necessary forms with you, Mr. Oakham?"
"I have," said the solicitor, finding voice after a long silence.
CHAPTER XXIV
Mr. Oakham did not discuss what had taken place in the prison as he and Colwyn drove to the office of the chief constable after the interview. He sat silent in his corner of the taxi, his hands clasped before him, and gazing straight in front of him with the look of a man who sees nothing. From time to time his lips moved after the fashion of the old, when immersed in thought, and once he audibly murmured, "The poor lad; the poor lad." Colwyn forbore to speak to him. He realised that he had had a shock, and was best left to himself.
By the time the taxi reached the office of the chief constable Mr. Oakham showed symptoms of regaining his self-possession. He felt for his eye-glasses, polished them, placed them on his nose and glanced at his watch. It was in something like his usual tones that he asked Colwyn, as they alighted from the cab, whether he had an appointment with the chief constable.
"I wired to you both at the same time," replied the detective. "I asked him to keep this afternoon free," he explained with a smile.
A police constable in the outer office took in their names. He speedily returned with the message that the chief constable would be glad to see them, and would they step this way, please. Following in his wake, they were conducted along a passage and into a large comfortably furnished room, where Mr. Cromering was writing at a small table placed near a large fire. He looked up as the visitors entered, put down his pen, and came forward to greet them.
"I am pleased to see you again, Mr. Colwyn, and you also, Mr. Oakham. Please draw your chairs near the fire gentlemen—there's a decided nip in the air. I got your telegram, Mr. Colwyn, and I am at your disposal, with plenty of time. Your telegram rather surprised me. What has happened in the Glenthorpe case?"
"Fresh facts have come to light—facts that tend to prove the innocence of Penreath, who was accused and convicted for the murder."
"Dear me! This is a very grave statement. What proofs have you?"
"Sufficient to warrant further steps in the case. It is a long story, but I think when you have heard it you will feel justified in taking prompt action."
Before Mr. Cromering could reply, the police constable who had shown in Colwyn and Mr. Oakham entered the room and said that Superintendent Galloway, from Durrington, was outside.
"Bring him in, Johnson," said Mr. Cromering. He turned to Colwyn and added: "When I received your telegram I telephoned to Galloway and asked him to be here this afternoon. As he worked up the case against Penreath, I thought it better that he should be present and hear what you have to say. You have no objection, I suppose?"
"On the contrary, I shall be very glad for Galloway to hear what I have to say."
The police constable returned, ushering in Superintendent Galloway, who looked rather surprised when he saw his superior officer's visitors. He nodded briefly to Colwyn, and looked inquiringly at the chief constable.
"Mr. Colwyn has discovered some fresh facts in the Glenthorpe murder, Galloway," explained Mr. Cromering. "I sent for you in order that you might hear what they are."
"What sort of facts?" asked Galloway, with a quick glance at the detective.
"That is what Mr. Colwyn proposes to explain to us."
"I shall have to go back to the beginning of our investigations to do so—to the day when we motored from Durrington to Flegne," said the detective. "We went there with the strong presumption in our minds that Penreath was the criminal, because of suspicious facts previously known about him. He was short of money, he had concealed his right name when registering at the hotel, and his behaviour at the breakfast table the morning of his departure suggested an unbalanced temperament. It is a legal axiom that men's minds are influenced by facts previously known or believed, and we set out to investigate this case under the strong presumption that Penreath, and none other, was the murderer.
"The evidence we found during our visit to the inn fitted in with this theory, and inclined the police to shut out the possibility of any alternative theory because of the number of concurrent points which fitted in with the presumption that Penreath was the murderer. There was, first, the fact that the murderer had entered through the window. Penreath had been put to sleep in the room next the murdered man, in an unoccupied part of the inn, and could easily have got from one window to the other without being seen or heard. Next was the fact that the murder had been committed with a knife with a round end. Penreath had used such a knife when dining with Mr. Glenthorpe, and that knife was afterwards missing. Next, we have him hurriedly departing from the inn soon after daybreak, refusing to wait till his boots were cleaned, and paying his bill with a Treasury note.
"Then came the discovery of the footprints to the pit where the body had been thrown, and those footprints were incontestably made by Penreath's boots. The stolen notes suggested a strong motive in the case of a man badly in need of money, and the payment of his bill with a Treasury note of the first issue suggested—though not very strongly—that he had given the servant one of the stolen notes. These were the main points in the circumstantial evidence against Penreath. The stories of the landlord of the inn, the deaf waiter, and the servant supported that theory in varying degrees, and afforded an additional ground for the credibility of the belief that Penreath was the murderer. The final and most convincing proof—Penreath's silence under the accusation—does not come into the narrative of events at this point, because he had not been arrested.
"It was when we visited the murdered man's bedroom that the first doubts came to my mind as to the conclusiveness of the circumstantial evidence against Penreath. The theory was that Penreath, after murdering Mr. Glenthorpe, put the body on his shoulder, and carried it downstairs and up the rise to the pit. The murderer entered through the window—the bits of red mud adhering to the carpet prove that conclusively enough—but if Penreath was the murderer where had he got the umbrella with which he shielded himself from the storm? The fact that the murderer carried an umbrella is proved by the discovery of a small patch of umbrella silk which had got caught on a nail by the window. Again, why should a man, getting from one window to another, bother about using an umbrella for a journey of a few feet only? He would know that he could not use it when carrying the body to the pit, for that task would require both his hands. And what had Penreath done with the umbrella afterwards?
"The clue of the umbrella silk, and the pool of water near the window where the murderer placed the umbrella after getting into the room, definitely fixed the time of the murder between eleven and 11.30 p.m., because the violent rainstorm on that night ceased at the latter hour. If Penreath was the murderer, he waited until the storm ceased before removing the body. There were no footprints outside the window where the murderer got in, because they were obliterated by the rain. On the other hand, the footsteps to the pit where the body was thrown were clear and distinct, proving conclusively that no rain fell after the murderer left the house with his burden. It seemed to me unlikely that a man after committing a murder would coolly sit down beside his victim and wait for the rain to cease before disposing of the body. His natural instinct would be to hide the evidence of his crime as quickly as possible.
"These points, however, were of secondary importance, merely tending to shake slightly what lawyers term the probability of the case against Penreath. But a point of more importance was my discovery that the candle-grease dropped on the carpet was of two different kinds—wax and tallow—suggesting that two different persons were in the room on the night of the murder. Mr. Glenthorpe did not use a candle, but a reading lamp. Neither did Mr. Glenthorpe use the gas globe in the middle of the room. Yet that gas tap was turned on slightly when we examined the room, and the globe and the incandescent burner smashed. Who turned on the tap, and who smashed the globe? Penreath is not tall enough to have struck it with his head. Superintendent Galloway's theory was that it might have been done by the murderer when throwing the body of his victim over his shoulder.
"An ideal case of circumstantial evidence may be weakened, but not destroyed, by the destruction of one or more of the collateral facts which go to make it up. There are two kinds of circumstantial evidence. In one kind presumption of guilt depends on a series of links forming a chain. In the other, the circumstances are woven together like the strands of a rope. That is the ideal case of circumstantial evidence, because the rope still holds when some of the strands are severed. The case against Penreath struck me as resembling a chain, which is no stronger than its weakest link. The strongest link in the chain of circumstances against Penreath was the footprints leading to the pit. They had undoubtedly been made by his boots, but circumstances can lie as well as witnesses, and in both cases the most plausible sometimes prove the greatest liars. Take away the clue of the footprints, and the case against Penreath was snapped in the most vital link. The remaining circumstances in the case against him, though suspicious enough, were open to an alternative explanation. The footprints were the damning fact—the link on which the remaining links of the chain were hung.
"But the elimination of the clue of the footprints did not make the crime any easier of solution. From the moment I set foot in the room it struck me as a deep and baffling mystery, looking at it from the point of view of the police theory or from any other hypothesis. If Penreath had indeed committed the murder, who was the second visitor to the room? And if Penreath had not committed the murder, who had?
"That night, in my room, I sought to construct two alternative theories of the murder. In the first place, I examined the case thoroughly from the police point of view, with Penreath as the murderer. In view of what has come to light since the trial, there is no need to take up time with giving you my reasons for doubting whether Penreath had committed the crime. I explained those reasons to Superintendent Galloway at the time, pointing out, as he will doubtless remember, that the police theory struck me as illogical in some aspects, and far from convincing as a whole. There were too many elements of uncertainty in it, too much guess-work, too much jumping at conclusions. Take one point alone, on which I laid stress at the time. The police theory originally started from the point of Penreath's peculiar behaviour at the Durrington hotel, which, from their point of view, suggested homicidal mania. To my mind, there was no evidence to prove this, although that theory was actually put forth by the defence at Penreath's trial. I witnessed the scene at the breakfast table, and, in my opinion, Sir Henry Durwood acted hastily and wrongly in rushing forward and seizing Penreath. There was nothing in his behaviour that warranted it. He was a little excited, and nothing more, and from what I have heard since he had reason to be excited. Neither at the breakfast table nor in his room subsequently did his actions strike me as the actions of a man of insane, neurotic, or violent temperament. He was simply suffering from nerves. It is important to remember, in recalling the events which led up to this case, that Penreath was invalided out of the Army suffering from shell-shock, and that two nights before the scene at the hotel there was an air raid at Durrington. Shell-shock victims are always prejudicially affected by air raids.
"Even if the police theory had been correct on this point, it seemed inconceivable to me that a man affected with homicidal tendencies would have displayed such cold-blooded caution and cunning in carrying out a murder for gain, as the murderer at the Golden Anchor did. The Crown dropped this point at the trial. I merely mention it now in support of my contention that the case of circumstantial evidence against Penreath was by no means a strong one, because it originally depended, in part, on inferred facts which the premises did not warrant.
"Next, the discoveries made in the room where the murder was committed, and certain other indications found outside, did not fit in with the police case against Penreath. Superintendent Galloway's reconstruction oL the crime, after he had seen the body and examined the inn premises, did not account for the existence of all the facts. There were circumstances and clues which were not consistent with the police theory of the murder. The probability of the inference that Penreath was the murderer was not increased by the discoveries we made. I am aware that absolute proof is not essential to conviction in a case of circumstantial evidence, but, on the other hand, to ignore facts which do not accord with a theory is to go to the other extreme, for by so doing you are in danger of excluding the possibility of any alternative theory.
"On the other hand, when I sought to account for the crime by any other hypothesis I found myself puzzled at every turn. The presence of two persons in the room was the baffling factor. The murderer had entered through the window in the storm, lighted the tallow candle which he brought with him, walked straight to the bed and committed the murder. Then he had waited till the rain ceased before carrying the body downstairs to the pit. But what about the second person—the person who had carried the wax candle and dropped spots of grease underneath the broken gas globe? Had he come in at a different time, and why? Why had he sought to light the gas, when he carried a candle? Why had he—as I subsequently ascertained—left the room and gone downstairs to turn on the gas at the meter?
"Eliminating Penreath for the time being, I tried next to fit in the clues I had discovered with two alternative theories. Had the murder been committed from outside by a villager, or by somebody in the inn? There were possibilities about the former theory which I pointed out to Superintendent Galloway, who subsequently investigated them, and declared that there was no ground for the theory that the murder had been committed from outside. The theory that the murder had been committed by somebody inside the inn turned my attention to the inmates of the inn. Excluding Penreath for the time being, there were five inmates inside the walls the night the murder was committed—the innkeeper, his daughter, his mother, the waiter, and Ann, the servant. The girl could hardly have committed the murder, and could certainly not have carried away the body. The old mad woman might have committed the murder if she could have got out of her room, but she could not have carried the body to the pit—neither could the servant. By this process of elimination there remained the landlord and the deaf waiter.
"For a reason which it is not necessary to explain now, my thoughts turned to the waiter when I first saw the body of the murdered man. The possibility that he was the murderer was strengthened by the slight clue of the line in the clay which I found underneath the murdered man's bedroom window. That window is about five feet from the ground outside, and the waiter, who is short and stout, could not have climbed through the window without something to stand on. But the waiter could not possibly have carried the body to the pit. His right arm is malformed, and only a very strong man, with two strong arms, could have performed that feat.
"There remained the innkeeper. He was the only person on the inn premises that night, except Penreath, who could have carried the corpse downstairs and thrown it into the pit. Although thin, I should say he is a man of great physical strength. It is astonishing to think, in looking back over all the circumstances of this extraordinary case, that some suspicion was not diverted to him in the first instance. He was very hard-pressed for money, and he knew for days beforehand that Mr. Glenthorpe was going to draw L300 from the bank—a circumstance that Penreath could not possibly have known when he sought chance shelter at the inn that night. He was the only person in the place tall enough to have smashed the gas globe and incandescent burner in Mr. Glenthorpe's room by striking his head against it. He knew the run of the place and the way to the pit intimately—far better than a stranger like Penreath could. I was struck with that fact when we were examining the footprints. The undeviating course from the inn to the mouth of the pit suggested an intimate acquaintance with the way. The man who carried the body to the pit in the darkness knew every inch of the ground.
"It is easy to be wise after the event, but my thoughts and suspicions were centering? more and more around the innkeeper when Penreath was arrested. His attitude altered the whole aspect of the case. His hesitating answers to me in the wood, his fatalistic acceptance of the charge against him, seemed to me equivalent to a confession of guilt, so I abandoned my investigations and returned to Durrington.
"I was wrong. It was a mistake for which I find it difficult to forgive myself. Penreath's hesitation, his silence—what were they in the balance of probabilities in such a strange deep crime as this murder? In view of the discoveries I had already made—discoveries which pointed to a most baffling mystery—I should not have allowed myself to be swerved from my course by Penreath's silence in the face of accusation, inexplicable though it appeared at the time. You know what happened subsequently. Penreath, persisting in his silence, was tried, convicted, and sentenced to death—because of that silence, which compelled the defence to rely on a defence of insanity which they could not sustain.
"I went back to the inn a second time, not of my own volition, but because of a story told me by the innkeeper's daughter, Peggy, at Durrington four days ago. The night before the inquest Peggy paid a visit to the room in which the murdered man lay. I did not see her go in, but I saw her come out. She went downstairs and hurried across the marshes and threw something into the sea from the top of the breakwater. The following day, after Penreath's arrest, I questioned her. She gave me an explanation which was hardly plausible, but Penreath's silence, coming after the accumulation of circumstances against him, had caused me to look at the case from a different angle, and I did not cross-examine her. The object of her visit to me after the trial was to admit that she had not told me the truth previously. Her amended story was obviously the true one. She and Penreath had met by chance on the seashore near Leyland Hoop two or three weeks before, and had met secretly afterward. The subsequent actions of these two foolish young people prove, convincingly enough, that they had fallen passionately in love with each other. Peggy, however, had never told Penreath her name or where she lived—because she knew her position was different from his, she says—and she could not understand how he came to be at the inn that night. Naturally, she was very much perturbed at his unexpected appearance. She waited for an opportunity to speak to him after hearing his voice, but was compelled to attend on her mad grandmother until it was very late.
"Before going to bed she went down the passage to see if by any chance he had not retired. There was a light in Mr. Glenthorpe's room, and, acting on a sudden girlish impulse, she ran along the passage to Mr. Glenthorpe's door, intending to confide her troubles in one who had always been very good and kind to her. The door was partly open, and as she got no reply to her knock, she entered. Mr. Glenthorpe was lying on his bed, murdered, and on the floor—at the side of the bed—she found the knife and this silver and enamel match-box. She hid the knife behind a picture on the wall. She did a very plucky thing the following night by going into the dead man's room and removing the knife in order to prevent the police finding it, for by that time she was aware that the knife formed an important piece of evidence in the case against her lover. It was the knife she threw into the sea, but she kept the match-box, which she recognised as Penreath's. When she came to me she did not intend to tell me anything about the match-box if she could help it. She was frank enough up to a point, but beyond that point she did not want to go.
"After Penreath's conviction she began, womanlike, to wonder if she had not been too hasty in assuming his guilt, and as the time slipped by and brought the day of his doom nearer she grew desperate, and as a last resource she came to me. It was a good thing she did so. For her story, though apparently making the case against Penreath blacker still, incidentally brought to light a clue which threw a new light on the case and decided me to return to Flegne. That clue is contained in the match-box." |
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