The newspapers made a sensation out of the announcement of Holymead's
arrest on a charge of having murdered Sir Horace Fewbanks. They declared
that the arrest of the eminent K.C. on a capital charge would come as a
surprising development of the Riversbrook case. It would cause a shock to
his many friends, and especially to those who knew what a close
friendship had existed between the arrested man and the dead judge. The
papers expatiated on the fact that Holymead had appeared for the defence
when Frederick Birchill had been tried for the murder. As the public
would remember, Birchill had been acquitted owing to the great ability
with which his defence was conducted.
It was somewhat remarkable, said the _Daily Record_, that in his speech
for the defence Holymead had attempted to throw suspicion on one of the
witnesses for the prosecution. The journal hinted that it was the result
of something which Counsel for the defence had let drop at this trial
that Inspector Chippenfield had picked up the clue which had led to
Holymead's arrest. The papers had very little information to give the
public about this new development of the Fewbanks mystery, but they
boldly declared that some startling revelations were expected when the
case came before the court.
In the absence of interesting facts apropos of the arrest of the
distinguished K.C., some of the papers published summaries of his legal
career, and the more famous cases with which he had been connected. These
summaries would have been equally suitable to an announcement that Mr.
Holymead had been promoted to the peerage or that he had been run over by
a London bus.
There were people who declared without knowing anything about the
evidence the police had in their possession that in arresting the famous
barrister the police had made a far worse blunder than in arresting
Birchill. It was even hinted that the arrest of the man who had got
Birchill off was an expression of the police desire for revenge. To these
people the acquittal of Holymead was a foregone conclusion. The man who
had saved Birchill's life by his brilliant forensic abilities was not
likely to fail when his own life was at stake.
But when the case came before the police court and the police produced
their evidence, it was seen that there was a strong case against the
prisoner. The whispers as to the circumstances under which the prisoner
had taken the life of a friend of many years appealed to a sentimental
public. These whispers concerned the discovery by the prisoner that his
friend had seduced his beautiful wife. In the police court proceedings
there were no disclosures under this head, but the thing was hinted at.
In view of the legal eminence of the prisoner and the fear of the police
that he would prove too much for any police officer who might take charge
of the prosecution, the Direction of Public Prosecutions sent Mr.
Walters, K.C., to appear at the police court. The prisoner was
represented by Mr. Lethbridge, K.C., an eminent barrister to whom the
prisoner had been opposed in many civil cases.
Inspector Chippenfield, who realised that the important position the
prisoner occupied at the bar added to the importance of the officer who
had arrested him, gave evidence as to the arrest of the prisoner at his
chambers in the Middle Temple. With a generous feeling, which was
possibly due to the fact that he was entitled to none of the credit of
collecting the evidence against the prisoner, Inspector Chippenfield
allowed Detective Rolfe a subordinate share in the glory that hung round
the arrest by volunteering the information in the witness-box that when
making the arrest he was accompanied by that officer. He declared that
the prisoner made no remark when arrested and did not seem surprised. Mr.
Walters produced a left-hand glove and witness duly identified it as the
glove which he found in the room in which the murder took place.
Inspector Seldon gave formal evidence of the discovery of the body of Sir
Horace Fewbanks on the 19th of August. Dr. Slingsby repeated the evidence
that he had given at the trial of Birchill as to the cause of death, and
was again professionally indefinite as to the length of time the victim
had been dead when he saw the body. Thomas Taylor, taxi-cab driver, gave
evidence as to driving the prisoner from Hyde Park Corner on the night of
the 18th of August and the finding of the glove.
Crewe went into the witness-box and swore that on the second day after
the discovery of the murder he was present at Riversbrook when the
prisoner visited the house and saw Miss Fewbanks. When the prisoner
arrived he was not carrying a walking-stick, but he had one in his hand
when he took his departure from the house. Witness followed the prisoner,
and a boy who collided with the prisoner knocked the stick out of his
hands. Witness picked up the stick and inspected it. He identified the
stick produced in court as the one which the prisoner had been carrying
on that day.
The most difficult, and most important witness, as far as new evidence
was concerned was Alexander Saunders, a big, broad red-faced Scotchman,
whose firm grasp on the tam-o'-shanter he held in his hand seemed to
indicate a fear that all the pickpockets in London had designs on it.
With great difficulty he was made to understand his part in the
witness-box, and some of the questions had to be repeated several times
before he could grasp their meaning. Mr. Lethbridge humorously suggested
that his learned friend should have provided an interpreter so that his
pure English might be translated into Lowland Scotch.
By slow degrees Saunders was able to explain how he had found the
pocket-book which Sir Horace Fewbanks had lost while shooting at
Craigleith Hall. Witness identified a letter produced as having been in
the pocket-book when he found it. The letter, which had been written by
the prisoner to Sir Horace Fewbanks, urged Sir Horace to return to London
at once, as if he did so there was a good possibility of his obtaining
promotion to the Court of Appeal. The writer promised to do all he could
in the matter, and to call on Sir Horace at Riversbrook as soon as he
returned from Scotland.
Percival Chambers, an elderly well-dressed man with a grey beard, and
wearing glasses, who was secretary of the Master of Rolls, swore that he
knew of no prospective vacancies on the Court of Appeal Bench. Were any
vacancies of the kind in view he believed he would be aware of them.
This closed the case for the police, and Mr. Lethbridge immediately asked
for the discharge of the prisoner on the ground that there was no case to
go before a jury. The magistrate shook his head, and merely asked Mr.
Lethbridge if he intended to reserve his defence. Mr. Lethbridge replied
with a nod, and the accused was formally committed for trial at the next
sittings at the Old Bailey.
The newspapers reported at great length the evidence given in the police
court, and their reports were eagerly read by a sensation-loving public.
Even those people who, when Holymead's arrest was announced, had
ridiculed the idea of a man like Holymead murdering a lifelong friend,
had to admit that the police had collected some damaging evidence. Those
people who at the time of the arrest had prided themselves on possessing
an open mind as to the guilt of the famous barrister, confessed after
reading the police court evidence that there could be little doubt of his
guilt. The only thing that was missing from the police court proceedings
was the production of a motive for the crime, but it was whispered that
there would be some interesting revelations on this point when the
prisoner was tried at the Old Bailey.
Fortunately he had not long to wait for his trial, as the next sittings
of the Central Criminal Court had previously been fixed a week ahead of
the date of his commitment. That week was full of anxiety for Mr.
Lethbridge, for he realised that he had a poor case. What increased his
anxiety was the fact that Holymead insisted on the defence being
conducted on the lines he laid down. It was a new thing in Lethbridge's
experience to accept such instructions from a prisoner, but Holymead had
threatened to dispense with all assistance unless his instructions were
carried out. He was particularly anxious that his wife's name should be
kept out of court as much as possible. Lethbridge had pointed out to him
that the prosecution would be sure to drag it in at the trial in
suggesting a motive for the murder, and that for the purposes of the
defence it was best to have a full and frank disclosure of everything so
that an appeal could be made to the jury's feelings. Holymead's beautiful
wife, who was almost distracted by her husband's position, implored his
Counsel to allow her to go into the box and make a confession. But that
course did not commend itself to Lethbridge, who realised that she would
make an extremely bad witness and would but help to put the rope round
her husband's neck. He put her off by declaring that there was a good
prospect of her husband being acquitted, but that if the verdict
unfortunately went against him her confession would have more weight in
saving him, when the appeal against the verdict was heard.
It amazed Lethbridge to find that the prisoner expressed the view that
Birchill had committed the murder. This view was based on his contention
that Sir Horace Fewbanks was alive when he (Holymead) left him about ten
o'clock. The interview between them had been an angry one, but Holymead
persisted in asserting that he had not shot his former friend. He
declared that he had not taken a revolver with him when he went to
Riversbrook.
Lethbridge was one of those barristers who believe that a knowledge of
the guilt of a client handicapped Counsel in defending him. He had his
private opinion as to the result of the angry interview between Holymead
and Sir Horace Fewbanks, but he preferred that Holymead should protest
his innocence even to him. That made it easier for him to make a stirring
appeal to the jury than it would have been if his client had fully
confessed to him. His private opinion as to the author of the crime was
strengthened by Holymead's admission that Birchill had not confessed to
him or to his solicitor at the time of his trial that he had shot Sir
Horace Fewbanks. He was astonished that Holymead had taken up Birchill's
defence, but Holymead's explanation was the somewhat extraordinary one
that the man who had killed the seducer of his wife had done him a
service by solving a problem that had seemed insoluble without a public
scandal. There was no doubt that although Sir Horace Fewbanks was in his
grave, Holymead's hatred of him for his betrayal of his wife burned as
strongly as when he had made the discovery that wrecked his home life.
Neither death nor time could dim the impression, nor lessen his hatred
for the dead man who had once been his closest friend.
Lethbridge, feeling that it was his duty as Counsel for the prisoner to
try every avenue which might help to an acquittal, asked Mr. Tomlinson,
the solicitor who was instructing him in the case, to find Birchill and
bring him to his chambers. Birchill was found and kept an appointment.
Lethbridge explained to him that he had nothing further to fear from the
police with regard to the murder of Sir Horace Fewbanks. Having been
acquitted on this charge he could not be tried on it again, no matter
what discoveries were made. He could not even be tried for perjury, as he
had not gone into the witness-box. Having allowed these facts to sink
home, he delicately suggested to Birchill that he ought to come forward
as a witness for the defence of Holymead--he ought to do his best to try
and save the life of the man who had saved his life.
"What do you want me to swear?" asked Birchill, in a tone which indicated
that although he did not object to committing perjury, he wanted to know
how far he was to go.
"Well, that Sir Horace Fewbanks was alive when you went to Riversbrook,"
suggested Lethbridge.
"But I tell you he was dead," protested Birchill. He seemed to think that
reviving a dead man was beyond even the power of perjury.
"That was your original story, I know," agreed Lethbridge suavely. "But
as you were not put into the witness-box to swear it you can alter it
without fear of any consequences."
"You want me to swear that he was alive?" said Birchill, meditatively.
"If you can conscientiously do so," replied Lethbridge.
"That he was alive when I left Riversbrook?" asked Birchill.
"Well, not necessarily that," said Lethbridge.
Birchill sprang up in alarm.
"Good God, do you want me to swear that I killed him?" he demanded.
Lethbridge endeavoured to explain that he would have nothing to fear from
such a confession in the witness-box, but Birchill would listen to no
further explanations. He felt that he was in dangerous company, and that
his safety depended on getting out of the room.
"You've made a mistake," he said, as he reached the door. "If you want a
witness of that kind you ought to look for him in Colney Hatch."