Transcriber's Notes:
1. Page scan source:
https://archive.org/details/nineofheartsnove00farj
(The Library of Congress)
2. The diphthong oe is represented by [oe].
_No. 107_
HARPER'S HANDY SERIES
Issued Weekly
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Copyright,1885, by Harper & Brothers
December 17, 1886
Subscription Price per Year, 52 Numbers, $15
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Entered at the Post-Office at New York, as Second-class Mail Matter
THE NINE OF HEARTS
A Novel
By B. L. FARJEON AUTHOR OF "GREAT PORTER SQUARE" "THE BRIGHT STAR OF
LIFE" "GRIF" ETC.
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_Books you may hold readily in your hand are the most useful, after
all_ Dr. Johnson
NEW YORK
HARPER & BROTHERS, PUBLISHERS
1886
CONTENTS
Part the First
The Trial of Edward Layton.
I. A Strange Decision.
II. The Evidence of James Moorhouse, Coachman.
III. The Evidence of Adolf Wolfstein, Waiter.
IV. The Evidence of Lumley Rich, Detective Officer--The
Nine of Hearts.
V. The Evidence of Ida White, Lady's Maid.
VI. Description of the Last Day's Proceedings--Extracted
from a Daily Paper.
Part the Second
The Cable Message from America.
Part the Third
The Mystery of the Nine of Hearts.
I.
II.
III.
IV.
V.
VI. The Day after the Derby.
VII.
THE NINE OF HEARTS.
PART THE FIRST.
THE TRIAL OF EDWARD LAYTON.
I.
A STRANGE DECISION.
This morning, at the Central Criminal Court, Mr. Justice Fenmore
resumed the trial of Edward Layton for the wilful murder of his
wife, Agnes Layton, on the morning of the 26th of March, by the
administration of poisonous narcotics in such quantities as to produce
death. Extraordinary as was the excitement caused by yesterday's
proceedings, the public interest in this mysterious murder was
intensified by the strange decision arrived at by the prisoner on this
the third day of his trial.
The Attorney-general, Mr. J. Protheroe, Q.C., and Mr. Standing
conducted the case on behalf of the Crown.
The widely spread rumor that an episode of a startling character was
impending, received confirmation immediately upon the entrance of the
prisoner in the dock. He presented a care-worn appearance, and while
the usual formalities were in progress, it was observed that he and his
counsel (Mr. Bainbridge, Q.C.) were in earnest consultation, and it
appeared as if the learned gentleman were endeavoring to overcome some
resolution which the prisoner had formed. At the termination of this
conversation Mr. Bainbridge, turning to the Bench, said,
"I have to claim your lordship's indulgence for a statement which I
find it necessary to make. It is in the remembrance of your lordship
that on the first day of this trial the prisoner was undefended, being,
as it appeared, resolutely determined to defend himself. Yesterday
morning--that is, upon the second day of the trial--I informed your
lordship that the prisoner had been prevailed upon by his friends to
intrust his defence to me. Being satisfied in my own mind that nothing
would occur to disturb this arrangement--which I venture to say was
an advisable one--I did not feel called upon to mention that the
prisoner's consent to accept legal aid was very reluctantly given. That
this was so, however, is proved by what has since transpired. Both in
writing and by word of mouth the prisoner now insists upon conducting
his own case, and has distinctly informed me that he will not permit
me to act for him. I am empowered to say that his decision is not in
any sense personal to myself. It is simply, and regrettably, that he
has resolved not to be defended or represented by counsel. In these
circumstances I have no option but to place myself in your lordship's
hands."
Prisoner. "My lord--"
Mr. Justice Fenmore. "Silence. Your counsel will speak for you."
Prisoner. "My lord, I have no counsel. I am defending myself, and no
person shall speak for me."
Mr. Justice Fenmore. "Prisoner at the bar, it is my duty to tell you
that the decision at which you have arrived is grave and unwise."
Prisoner. "Of that, my lord, I am the best judge."
Mr. Justice Fenmore. "You may not be. It is scarcely necessary for me
to point out to you, a man of intelligence and good education, that
there are points in every case, and especially in a case so momentous
as this, which an unjudicial, or, to speak more correctly, a mind not
legally trained, is almost certain to overlook."
Prisoner. "I understand your lordship, and I thank you but if my
acquittal of the terrible crime for which I am now being tried is to
be brought about by legal technicalities, I shall prefer not to owe my
release to those means. I, better than any man here--unless, indeed,
the actual murderer be present--know whether I am innocent or guilty,
and in the course I have determined to pursue I am acting in what I
believe to be my best interests. Your lordship has referred to me as
a man of intelligence and good education. These qualifications will
sufficiently serve me, but I do not rely upon them alone. I have really
had some sort of legal training, and as I assuredly know that I shall
conduct my own defence in a manner which will recommend itself to my
heart and my conscience, so do I believe that, if I choose to exercise
it--and I suppose most men in my position would so choose--I have
legal knowledge sufficient for my needs. The learned counsel who has
addressed your lordship has put the matter most fairly. My consent that
he should defend me was reluctantly given, and I reserved to myself
the right to withdraw it. He has mentioned that this withdrawal is
not personal to himself. It is true. To him, above all others, would
I intrust my defence, were it not that I have cogent and imperative
reasons for trusting no man. I shall not displease one so earnest and
high-minded as he when I state that he once gave me his friendship,
and that I felt honored by it. Your lordship will pardon me for this
statement, the admission of which I feel to be unusual in such a case.
I have made it only for the purpose of emphasizing his correct view. My
lord, I stand upon my rights. I will conduct my own defence."
The trial was then proceeded with.
II.
THE EVIDENCE OF JAMES MOORHOUSE, COACHMAN.
The first witness called was James Moorhouse, whose examination was
looked forward to with great interest, as likely to tell heavily either
for or against the prisoner. He is a sturdy man, of middle age, with an
expression of intense earnestness in his face, and although he gave his
evidence in a perfectly straightforward manner, it was apparent that
his sympathies were with the prisoner.
The Attorney general. "Your name is James Moorhouse?"
Witness. "It is, sir."
The Attorney-general. "Were you in the prisoner's employment?"
Witness. "Yes, sir."
The Attorney-general. "In what capacity?"
Witness. "As his coachman."
The Attorney-general. "For how long were you so employed?"
Witness. "For a matter of three years."
The Attorney-general. "Are you a teetotaler?"
Witness. "Yes, sir."
The Attorney-general. "During the three years you worked for the
prisoner were you in the habit of driving him out regularly?"
Witness. "Yes, sir pretty nearly every day."
The Attorney-general. "Were you the only coachman on the establishment?"
Witness. "I was, sir."
The Attorney-general. "Being in his employment so long, you are, I
suppose, perfectly familiar with his figure?"
Witness. "I am, sir without hearing his voice, I should know him in the
dark."
The Attorney-general. "You are sure of that?"
Witness. "Quite sure, sir."
The Attorney-general. "Is your eyesight good?"
Witness. "It is very strong. I can see a longish way."
The Attorney-general. "You have been in the habit of driving the
prisoner often at night?"
Witness. "Yes, sir."
The Attorney-general. "And your eyes, therefore, have got trained to
his figure, as it were?"
Witness. "Yes, sir."
The Attorney-general. "You have had to look out for him on dark nights
from a distance?"
Witness. "I have had to do that, sir."
The Attorney-general. "When the people were coming out of a theatre,
for instance?"
Witness. "Yes, sir; and at other places as well."
The Attorney-general. "Therefore, it is not likely you could be
mistaken in him?"
Witness. "It is hardly possible, sir."
The Attorney-general. "You remember the night of the 25th of March?"
Witness. "Yes, sir, and the day too."
The Attorney-general. "Why do you include the day in your answer?"
Witness. "Because it was the hardest day's work I have done for many a
year."
The Attorney-general. "The hardest day's driving, do you mean?"
Witness. "Yes, sir. I was on the box from eleven o'clock in the morning
till an hour past midnight."
The Attorney-general. "Driving your master, the prisoner?"
Witness. "Yes, sir."
The Attorney-general. "And no other person?"
Witness. "Not till evening, sir. It was about--"
The Attorney-general. "We will come to the particulars presently. You
were not driving all the time?"
Witness. "No, sir; the horses couldn't have stood it."
The Attorney-general. "Do you mean that there were stoppages?"
Witness. "Yes, sir."
The Attorney-general. "Did the prisoner usually work his horses so
hard?"
Witness. "Not at all, sir. He was a good master to man and beast."
The Attorney-general. "Why do you look so frequently at the prisoner?"
Witness. "I can't tell you, sir, except that I shouldn't like to say
anything to hurt him."
The Attorney-general. "But you are here to speak the truth."
Witness. "I intend to speak it, sir."
The Attorney-general. "For reasons which you have given, your
remembrance of what occurred on the 25th of March is likely to be
exceptionally faithful?"
Witness. "For those and other reasons, sir."
The Attorney-general. "Now, commence on the morning of that day. What
were your first instructions?"
Witness. "To be ready with the carriage at eleven o'clock."
The Attorney-general. "You were ready?"
Witness. "Yes, sir."
The Attorney-general. "In what way did you fix the time? By guessing?"
Witness. "By my watch, sir--the best time-keeper in London."
The Attorney-general. "At eleven o'clock, then, you were on the box,
waiting for your master?"
Witness. "Yes, sir."
The Attorney-general. "He came out to you?"
Witness. "Yes, sir."
The Attorney-general. "Did he tell you immediately where to drive to?"
Witness. "Not immediately, sir. He stood with his hand on the carriage
door, and seemed to be considering."
The Attorney-general. "Did he remain long considering?"
Witness. "For three or four minutes, sir--which seemed a longish time."
The Attorney-general. "And then?"
Witness. "Then he told me to drive to Finchley."
The Attorney-general. "What address did he give you?"
Witness. "None in particular, sir. He said, 'Drive to Finchley, on the
road to High Barnet. I will tell you when to stop."
The Attorney-general. "Well?"
Witness. "I drove as directed, and when we were about midway between
Finchley and High Barnet he called to me to stop."
The Attorney-general. "Were you then at the gate, or in the front of
any house?"
Witness. "No, sir. We were on the high-road, and there was no house
within twenty yards of us."
The Attorney-general. "Are you familiar with the locality?"
Witness. "No, sir, I am not."
The Attorney-general. "You had never driven your master there before?"
Witness. "Never, sir."
The Attorney-general. "Would you be able to mark the point of stoppage
on a map of the road between Finchley and High Barnet?"
Witness. "I will try, sir, but I shouldn't like to be positive."
(A map was here handed to the witness, who, after a careful study of
it, made a mark upon it with a pencil.)
The Attorney-general. "You will not swear that this is the exact spot?"
Witness. "No, sir."
The Attorney-general. "But to the best of your knowledge it is?"
Witness. "Yes, sir, to the best of my knowledge."
The Attorney-general. "The prisoner called to you to stop. What then?"
Witness. "I drew up immediately, and he got out."
The Attorney-general. "What were his next instructions?"
Witness. "He told me to wait for him, and to turn the horses' heads."
The Attorney-general. "Towards London?"
Witness. "Yes, sir."
The Attorney-general. "Did he say how long he would be away?"
Witness. "About five or ten minutes, he said."
The Attorney-general. "In point of fact, how long was it before he
returned?"
Witness. "Thirty-two minutes by my watch."
The Attorney-general. "You always time yourself?"
Witness. "Yes, sir, always it's a habit."
The Attorney-general. "Did he make any remark upon his return, about
his being away longer than he expected?"
Witness. "No, sir. He seemed to be occupied with something."
The Attorney-general. "Occupied in thinking of something?"
Witness. "Yes, sir."
The Attorney-general. "When he left you, in which direction did he go?"
Witness. "He walked on towards High Barnet till he came to a bend in
the road. He went round that and I lost sight of him."
The Attorney-general. "Did he return the same way?"
Witness. "No, sir he startled me a bit."
The Attorney-general. "How?"
Witness. "I was looking out for him in the direction he had taken, when
I suddenly heard him speak at my elbow."
The Attorney-general. "How do you account for it?"
Witness. "He must have taken a short cut back across some fields. If
I had been on my box I might have seen him, but I was standing in the
road, and there was a hedge, more than man high, on the side he came
back to me."
The Attorney-general. "What did you do when he reappeared?"
Witness. "I prepared to start."
The Attorney-general. "Did he tell you immediately where to drive to?"
Witness. "No, sir. He stood considering, just as he did when we first
set out."
The Attorney-general. "And then?"
Witness. "He told me to drive back the way we had come, but not to
drive too quickly."
The Attorney-general. "You did so?"
Witness. "Yes, sir."
The Attorney-general. "Where did you next stop?"
Witness. "Midway between Finchley and Crouch End."
The Attorney-general. "At a house?"
Witness. "No, sir; at a part of the road where there were no houses."
The Attorney-general. "He called to you, as before, to stop?"
Witness. "Yes, sir. He got out, and said, 'Moorhouse, meet me here in
about an hour or an hour and a quarter.' I said, 'Yes, sir,' and I
asked him whether I should bait the horses at an inn we had passed half
a mile down the road. He did not answer me, but walked quickly away."
The Attorney-general. "Can you say why he did not answer you?"
Witness. "No, sir, except that he did not hear me."
The Attorney-general. "You spoke distinctly?"
Witness. "Yes, sir."
The Attorney-general. "Have you observed, at any time during your
employment, that he was at all deaf?"
Witness. "No, sir; but he seemed, the whole of that day, to have
something on his mind which kept him from thinking of anything else, or
attending to it."
The Attorney-general. "After he walked quickly away, what did you do?"
Witness. "As I had more than an hour to spare I drove back to the inn
I spoke of, and baited my horses, and had a bite of bread-and-cheese
myself."
The Attorney-general. "Anything to drink?"
Witness. "A bottle of ginger-beer."
The Attorney-general. "Timing yourself as usual, were you back on the
spot you left the prisoner at the end of the hour and a quarter?"
Witness. "To the minute."
The Attorney-general. "Was he waiting for you?"
Witness. "No, sir. I saw nothing of him for another two hours."
The Attorney-general. "Did he return by the road he quitted you?"
Witness. "No, sir. He came back another way."
The Attorney-general. "As before?"
Witness. "Yes, sir, as before."
The Attorney-general. "What time was it then?"
Witness. "Seven o'clock."
The Attorney-general. "Was it getting dark?"
Witness. "It was already dark, sir, and beginning to drizzle."
The Attorney-general. "What were the next instructions?"
Witness. "To drive to the Metropolitan Music Hall, Edgeware Road."
The Attorney-general. "You drove there?"
Witness. "Yes, sir, and my master got out."
The Attorney-general "Saying what?"
Witness. "Moorhouse,' he said, 'I don't know how long I shall remain
here. It may be an hour or only a few minutes. Keep near.'"
The Attorney-general. "You obeyed his instructions?"
Witness. "Yes, sir. I kept within hail, and my master came out at
half-past nine."
The Attorney-general. "Alone?"
Witness. "No, sir. He was accompanied by a man."
The Attorney-general. "A young or an old man?"
Witness. "I can't say."
The Attorney-general. "But you saw him?"
Witness. "Only his back. They walked away from the carriage."
The Attorney-general. "There is generally something in the gait of a
man which, within limits, denotes his age--that is to say, as whether
he is young or old? Cannot you be guided by that fact?"
Witness. "No, sir. I paid no particular attention to him. It was my
master I was chiefly observing."
The Attorney-general. "You have not the slightest idea as to the age of
the man who came out of the Metropolitan Music Hall with the prisoner?"
Witness. "Not the slightest, sir."
The Attorney-general. "Did you observe nothing particular as to his
dress? Was there any peculiarity about it?"
Witness. "I observed nothing particular about him. Whatever I might
say of the man, paying such little attention to him, wouldn't be worth
much."
The Attorney-general. "I recognize that you are giving your evidence
in a very fair manner, and if I press you upon any point it is for the
purpose of assisting your memory. You recollect that the prisoner on
that night wore a coat of a distinct pattern?"
Witness. "Yes, sir. He had on an ulster with a Scotch check, which
couldn't be mistaken."
The Attorney-general. "What was it lined with?"
Witness. "With blue cloth."
The Attorney-general. "He wore this ulster when he entered the music
hall?"
Witness. "Yes, sir, and when he came out of the music hall."
The Attorney-general. "It is this which makes me think it likely you
might have observed some distinguishing mark in the dress of the man
who came out with him?"
Witness. "I have nothing in my mind, sir, respecting his dress."
The Attorney-general. "Very well, I will no longer press it. As to his
height?"
Witness. "As well as I can remember, he was about the same height as my
master."
The Attorney-general. "Did you notice the color of his hair, or
whether it was long or short?"
Witness. "No, sir."
The Attorney-general. "If it had been long white hair, you would most
likely have noticed it?"
Witness. "In that case, yes, sir."
The Attorney-general. "We may assume, then, that he had not long white
hair?"
Witness. "I think I am safe in saying that much."
The Attorney-general. "Or white hair at all?"
Witness. "I shouldn't like to commit myself there, sir. If his hair had
been white and short, I don't think it would have struck me."
The Attorney-general. "Did he and the prisoner walk out of sight?"
Witness. "No, sir. They walked to the corner of a street, and stood
there talking for a little while--I should say for fifteen or twenty
minutes. Then the man went away, down the street, which hid him from
me, and my master returned to the carriage."
The Attorney-general. "While they were talking, their backs were still
turned to you?"
Witness. "Yes, sir."
The Attorney-general. "Was there anything observable in their manner of
conversing? Were they calm? Did they remain perfectly still?"
Witness. "No, sir. My master was calm enough, but his companion
appeared to be very excited. My master seemed to be trying to persuade
him to do something."
The Attorney-general. "From their attitude, should you have assumed
that his arguments prevailed?"
Witness. "I can't possibly say, sir."
The Attorney-general. "Well, then, the man went away and the prisoner
returned to you. What were his next directions?"
Witness. "To drive to Bloomsbury Square, and stop where he directed me."
The Attorney-general. "You did so?"
Witness. "Yes, sir. When we reached the square in Queen Street he
pulled the check-string, and I stopped there. He got out of the
carriage and looked about him."
The Attorney-general. "As if in search of some person?"
Witness. "Yes, sir."
The Attorney-general. "Did he make any remark to you?"
Witness. "He said, 'If you see a young lady in a gray cloak pass by,
you can tell her I am in the square.'"
The Attorney-general. "Did he remain with you after that?"
Witness. "No, sir; he walked right round the square. When he came up to
me he asked if I had seen a young lady dressed as he had described. I.
told him no, I hadn't, and he bade me keep a sharp lookout, and left me
again."
The Attorney-general. "To walk round the square again?"
Witness. "Yes, sir. He walked round three or four times, I should say,
and every time he came up to me he asked me if I was sure I had not
seen the young lady; if I was sure she had not passed me. I gave him
the same answer as I did before, and he left me again. He could not
have been more than half-way round when I saw a lady in a gray cloak
coming my way. She was walking hurriedly, and looking about her. I
advanced to speak to her, but she started back the moment I made a step
towards her, and ran to the other side of the road, and crossed into
the square at a distance from me. I should have gone up to her had I
not been afraid to leave my horses; but seeing that she began to walk
round the square in the opposite direction my master had taken, I was
satisfied that they must meet."
The Attorney-general. "In point of fact, did they meet? Relate what you
saw that bears upon it."
Witness. "A little while afterwards I saw them together, talking to
each other. They did not walk on the pavement close to the houses, but
on the other side, close to the railings. I don't know how many times
they made the circle of the square, but they must have been away about
twenty minutes or so. Then they came up to me together, and my master
opened the door of the carriage, and the lady got in. When she was
inside, he said to me that there was no occasion for me to mention what
I had seen or that he had spoken to me about the lady."
The Attorney-general. "All this time was it raining?"
Witness. "Yes, sir."
The Attorney-general. "Did they have umbrellas?"
Witness. "Neither of them, sir."
The Attorney-general. "They must have got wet?"
Witness. "They couldn't help getting wet."
The Attorney-general. "Did they seem to mind it?"
Witness. "They didn't say anything about it."
The Attorney-general. "While they were walking round the square, did
they meet any persons?"
Witness. "A few passed them, and they got out of their way, it seemed
to me."
The Attorney-general. "As if they desired to avoid observation?"
Witness. "Yes, sir."
The Attorney-general. "That would be a reasonable construction to put
upon the circumstance of their walking, during their conversation, on
the least-frequented side of the square, near the railings?"
Witness. "Yes, I think so."
The Attorney-general. "Although the neighborhood is a fairly busy one
during the day, are there many people passing through Bloomsbury Square
at night?"
Witness. "Not many, I should say."
The Attorney-general. "The square is not very well lighted up?"
Witness. "Not very."
The Attorney-general. "Did you see a policeman while you were waiting?"
Witness. "One, and only once."
The Attorney-general. "Did he speak to you?"
Witness. "No, sir."
The Attorney-general. "He passed on through the square?"
Witness. "Yes, sir."
The Attorney-general. "Reference has been made to an ulster of a
peculiar pattern which the prisoner was in the habit of wearing. You
said it was an ulster which could not be mistaken. Are you certain of
that?"
Witness. "Quite certain."
The Attorney-general. "Is it within your recollection how long the
prisoner has worn this ulster?"
Witness. "He had it made last year."
The Attorney-general. "Would you recognize it if you saw it?"
Witness. "Oh yes."
The Attorney-general. "Is this it?" (Ulster produced.)
Witness. "Yes, that is it."
The Attorney-general. "You swear to it?"
Witness. "I do."
The Attorney-general. "You have said that the prisoner came out of his
house wearing this ulster. Now, on the occasions you have described,
when the prisoner left his carriage and returned to it, was this ulster
ever off his back?"
Witness. "He wore it all the time."
The Attorney-general. "You are positive he did not at any time leave
you with this ulster on, and return wearing another?"
Witness. "I am positive of it."
The Attorney-general. "After the lady got into the carriage, and the
prisoner told you there was no occasion for you to mention what you had
seen, or that he had spoken to you about the lady, what did he do?"
Witness. "He told me to drive to Prevost's Restaurant, in Church
Street, Soho, and then he got into the carriage."
The Attorney-general. "At any time during the night did you see the
lady's face?"
Witness. "Not at any time."
The Attorney-general. "Were you familiar with Prevost's Restaurant?"
Witness. "No, I had never been there, and I was in doubt where Church
Street was. I had to inquire my way."
The Attorney-general. "Could not the prisoner tell you?"
Witness. "I asked him, and he said he could not direct me."
The Attorney-general. "However, you found the restaurant?"
Witness. "Yes."
The Attorney-general. "And then?"
Witness. "My master and the lady entered the restaurant."
The Attorney-general. "What did your master say to you?"
Witness. "He told me to wait near the door."
The Attorney-general. "Did you know what time it was when you drew up
at the restaurant?"
Witness. "It was ten minutes to eleven."
The Attorney-general. "How long were you kept waiting?"
Witness. "Exactly an hour and five minutes."
The Attorney-general. "That will bring it to five minutes to twelve?"
Witness. "Yes, sir."
The Attorney-general. "Did the prisoner then come from the restaurant?"
Witness. "Yes, accompanied by the lady."
The Attorney-general. "It was still raining?"
Witness. "Raining hard now."
The Attorney-general. "Did he appear flurried? Was he excited?"
Witness. "His movements were very hurried, which I thought was due to
the rain, and perhaps to his having had a little too much wine. He
opened the door of the carriage quickly, and the lady jumped in, to
avoid the rain, I suppose. My master got in quickly after her."
The Attorney-general. "But he gave you instructions?"
Witness. "All he said was, 'Home!'"
The Attorney-general. "Calmly?"
Witness. "No, sir. Although he only said one word, I noticed that his
voice was thick. It was because of that I suspected he had taken a
little too much wine."
The Attorney-general. "Did you observe that he had his ulster on?"
Witness. "Yes, he had it on."
The Attorney-general. "You drove home--and then?"
Witness. "My master got out, helped the lady out--no, I am making a
mistake."
The Attorney-general. "Commence again."
Witness. "My master got out, opened the street door with his latch-key,
then returned to the carriage and helped the lady out, and they both
passed into the house."
The Attorney-general. "Were his actions steady?"
Witness. "They were not, sir. He seemed to be in a strange hurry."
The Attorney-general. "Did he say nothing to you?"
Witness. "Nothing. And thinking my day's work was over, I took the
horses to the stable. I was glad enough."
The Attorney-general. "The prisoner was in the habit of carrying a
latch-key?"
Witness. "Yes, and always let himself into the house."
The Attorney-general. "Did you observe whether the gas in the hall was
lighted?"
Witness. "It was. It was always kept on when my master was out. His
habit was to turn it off himself, the servants sometimes being abed."
The Attorney-general. "Now, during the time you were in the prisoner's
employment, had you ever passed such a day as this you have described?"
Witness. "Never."
The Attorney-general. "Did you ever know him to come home with a lady,
alone, at that hour of the night?"
Witness. "Never."
The Attorney-general. "All the incidents of the day were unusual?"
Witness. "Very unusual. I thought them very strange."
The Attorney-general. "The question I am about to put is, in another
form, partly a repetition of one you have already answered. Did you
ever know the prisoner to come home in the carriage late at night with
a strange lady--that is, with any other lady than his wife?"
Witness. "Never. With a gentleman sometimes, and sometimes with more
than one gentleman; but never with a strange lady."
The Attorney-general. "He occasionally came home late with friends?"
Witness. "Oh yes; but then his wife was always with him."
The Attorney-general. "During the last few months was this usual?"
Witness. "No. Mrs. Layton was an invalid, and seldom drove out--not
once during the last three or four months at night."
The Attorney-general. "On the day we have gone through--the 25th of
March did you see anything of Mrs. Layton?"
Witness. "No, sir, she was seriously ill."
The Attorney-general. "That, however, is not within your personal
observation?"
Witness. "No, sir. My duties were outside the house."
The Attorney-general. "The lady whom he brought home on the night of
the 25th of March was not his wife?"
Witness. "No, sir. Mrs. Layton had been confined to her room for
several weeks."
The Attorney-general. "You are quite positive on this point?"
Witness. "Quite positive, sir."
The Attorney-general. "That will do."
(To the surprise of every person in court, who expected that the
witness would be subjected to a long cross-examination, the prisoner
asked but few questions.)
Prisoner. "You say that at five minutes to twelve I came out of
Prevost's Restaurant?"
Witness. "You and the lady, sir."
Prisoner. "It was a dark night?"
Witness. "It was, sir."
Prisoner. "Did I call for you?"
Witness. "No, sir. I saw you come out of the restaurant with the lady,
and I drew up at once. I was within half a dozen yards of the door."
Prisoner. "When the lady and I got into the carriage, as you say, and I
called out, Home!' you observed that my voice was thick and my manner
flurried?"
Witness. "Yes, sir."
Prisoner. "Did it occur to you then, or does it occur to you now, that
the voice which uttered that word was not my voice?"
Witness. "No, sir."
Prisoner. "You are certain it was my voice?"
Witness. "Yes, sir."
Prisoner. "I wore my ulster?"
Witness. "Yes, sir."
Prisoner. "You drove home, and you saw me open the street door with a
latch-key and pass into the house with the lady?"
Witness. "Yes, sir."
Prisoner. "Still with my ulster on?"
Witness. "Yes, sir."
Prisoner. "Did I turn my face towards you?"
Witness. "No, sir."
Prisoner. "If I had done so, could you have recognized my features in
the darkness?"
Witness. "Scarcely, sir."
Prisoner. "You know nothing more?"
Witness. "Nothing more, sir."
Prisoner. "I do not put the question offensively--you have been a good
servant, and I have never had occasion to find fault with you--but you
are positive that the version you have given of my later movements is
correct?"
Witness (who appeared much distressed). "I am positive, sir."
Prisoner. "I have nothing more to ask, Moorhouse."
Witness. "Thank you, sir."
Re-examined. "You are a strict teetotaler?"
Witness. "Yes, sir."
The Attorney-general. "Did you take any ale or spirits during the day?"
Witness. "No, sir. I have touched neither for years."
The Attorney-general. "The prisoner's figure being familiar to you, and
your eyesight being so strong that you could distinguish him in the
darkness, is it likely that you could be mistaken in him on this night?"
Witness (reluctantly). "It is not likely, sir."
The Attorney-general. "Scarcely possible?"
Witness. "Scarcely possible, sir."
III.
THE EVIDENCE OF ADOLF WOLFSTEIN, WAITER.
The next witness called was Adolf Wolfstein, a waiter in Prevost's
Restaurant.
The Attorney-general. "Your name is Adolf Wolfstein?"
Witness. "Yes."
The Attorney-general. "What is your trade?"
Witness. "I am a waiter."
The Attorney-general. "Where are you employed?"
Witness. "At Prevost's, in Church Street, Soho."
The Attorney-general. "How long have you been in employment there?"
Witness. "A little more than seven weeks."
The Attorney-general. "Do you remember the date on which you entered
your present service?"
Witness. "Yes, it was the 25th of March."
The Attorney-general. "So that the 25th of March is impressed upon your
memory?"
Witness. "It is for another reason impressed upon my memory."
The Attorney-general. "Simply answer the questions I put to you. You
are a German?"
Witness. "No, I am French."
The Attorney-general. "But your name is German, is it not?"
Witness. "Wolfstein is. It was my father's name, who settled in France
when he was a young man."
The Attorney-general. "You understand English perfectly?"
Witness. "Oh yes; perfectly. I spoke it when I was a boy."
The Attorney-general. "Look at the prisoner. Do you recognize him?"
Witness. "Yes."
The Attorney-general. "Did you see him on the 25th of March?"
Witness. "Yes. Monsieur came to the restaurant on that day."
The-Attorney-general. "At what hour?"
Witness. "At eleven o'clock at night."
The Attorney-general. "Was he alone?"
Witness. "No; monsieur had a lady with him."
The Attorney-general. "Did he occupy a private room? If you wish to
explain yourself on this matter you can do so."
Witness. "I was coming down-stairs when I saw monsieur enter from
the street with a lady. He looked about him, and seeing me, asked if
he could have supper in a private room. I showed monsieur and madame
up-stairs to a room in which I served."
The Attorney-general. "What occurred then?"
Witness. "I handed monsieur the _menu_."
The Attorney-general. "In English, the bill of fare?"
Witness. "Yes."
The Attorney-general. "What did he order?"
Witness. "Tortue claire."
The Attorney-general. "In English, clear turtle soup?"
Witness. "Yes."
The Attorney-general. "Did he consult the lady?"
Witness. "No."
The Attorney-general. "Was he long in selecting the kind of soup he
ordered?"
Witness. "No. It was on the instant."
The Attorney-general. "He merely glanced at the bill of fare?"
Witness. "That is so."
The Attorney-general. "Did you get the soup and place it before him?"
Witness. "I first asked monsieur, For two?' He said, quickly, 'Yes, for
two.' Then I served it."
The Attorney-general. "In a tureen?"
Witness. "Yes, in a tureen."
The Attorney-general. "When you placed the soup before him, did he
order any wine?"
Witness. "I handed monsieur the wine-list, and he said, 'Champagne.' I
asked him of what kind. He said, 'The best.'"
The Attorney-general. "You brought the best?"
Witness. "Yes."
The Attorney-general. "That is, the most expensive?"
Witness. "Of necessity."
The Attorney-general. "When you placed the wine before him, did you
observe anything that struck you as unusual?"
Witness. "Yes; it was that, like other people, they should have been
drinking their soup, or have finished it; but they had not drunk it."
The Attorney-general. "Had it been served from the tureen into their
plates?"
Witness. "No, not a spoonful. It was as I brought it--not touched."
The Attorney-general. "As they were not eating, what were they doing?"
Witness. "They were engaged in conversation."
The Attorney-general. "Very earnestly?"
Witness. "Very earnestly."
The Attorney-general. "And speaking very low?"
Witness. "Very low."
The Attorney-general. "Did you hear anything they said?"
Witness. "Not a word."
The Attorney-general. "Upon observing that they had not commenced their
soup, did you make any remark?"
Witness. "Yes. I said, 'Does not monsieur like the soup?'"
The Attorney-general. "What was his answer?"
Witness. "He answered, 'Oh yes, it is very good,' and slightly pushed
the tureen away with his hand."
The Attorney-general. "Indicating that he had done with it?"
Witness. "I regarded it so, and I removed it."
The Attorney-general. "Did he object to its being removed?"
Witness. "No, not at all."
The Attorney-general. "Did the lady object--did she seem surprised?"
Witness. "No; she said not a word, nor did she look surprised."
The Attorney-general. "Your answer to the last question causes me to
ask whether the lady was old or young?"
Witness. "But I do not know."
The Attorney-general. "You said she did not look surprised?"
Witness. "It is that she did not appear surprised. She did not look up.
In truth, she had her veil down."
The Attorney general. "Had she removed her cloak?"
Witness. "No."
The Attorney-general. "Did she keep it on all the time she was in the
room?"
Witness. "Yes; all the time."
The Attorney-general. "Now, when you asked the prisoner if he liked the
soup, and he answered, 'Oh yes, it is very good,' you were surprised to
find that they had not drunk a spoonful?"
Witness. "Why, yes, it was surprising."
The Attorney-general. "Did the prisoner pour out the champagne?"
Witness. "I filled a glass for madame and one for monsieur."
The Attorney-general. "Did the prisoner order another dish?"
Witness. "I asked monsieur, 'What will you have to follow?' and handed
him the _menu_--the bill of fare. He said, 'Salmon cutlets.' 'For two,
monsieur?' I asked. 'For two,' he said. I served them."
The Attorney-general. "Did he at any time summon you by ringing the
bell?"
Witness. "No. It appeared to me that monsieur did not wish to be
disturbed therefore I did not disturb him, but I noticed--"
The Attorney-general. "You noticed what?"
Witness. "That, as with the soup, monsieur ate nothing, and helped
madame to nothing. I waited till I thought it was time, and then I went
to the table and asked whether he did not like the salmon cutlets.
Monsieur answered, 'Oh yes, they are very good,' and pushed them away
as before. I removed them, as with the soup. What will monsieur have to
follow?' I asked. 'Ices,' he said. 'Vanille?' I asked. 'Yes,' he said,
'Vanille.' I brought them. They were not eaten."
The Attorney-general. "Did they drink the wine?"
Witness. "Monsieur once raised his glass to his lips, but tasted it
only, and as if he had no heart in it."
The Attorney-general. "Did he order anything else?"
Witness. "No. When I asked him, he said, 'The bill.' I brought it."
The Attorney-general. "What did it amount to?"
Witness. "One pound four shillings."
The Attorney-general. "How much of the champagne was drunk?"
Witness. "Half a glass--not more."
The Attorney-general. "Did not the lady drink any of hers?"
Witness. "Not any."
The Attorney-general. "Did the prisoner make any remark as to the
amount of the bill?"
Witness. "Oh no; he gave me a sovereign and a half-sovereign, and said,
'That will do.'"
The Attorney-general. "Meaning that you could keep the change?"
Witness. "I took it so, and he said nothing."
The Attorney-general. "A good customer?"
Witness. "A very good customer. Not many such."
The Attorney-general. "Without a murmur or a remark, the prisoner paid
you thirty shillings for half a glass of champagne?"
Witness. "That is so. It was, as I say, surprising. I did not forget
it."
The Attorney-general. "It was not a circumstance to forget. You say
that the lady who accompanied the prisoner did not remove her cloak or
veil. Was that the case the whole of the time she was in the room?"
Witness. "The whole of the time."
The Attorney-general. "Her gloves--did she wear those the whole of the
time?"
Witness. "But, no. I remember once seeing her hand ungloved."
The Attorney-general. "Her right or left hand? Be particular in your
answer, and think before you speak, if it is necessary. My object is to
ascertain whether the lady was married, and wore a wedding-ring."
Witness (smiling). "But a wedding-ring matters not. Those wear them who
are not married."
The Attorney-general. "Reply to my question. Was it her right or her
left hand which you saw ungloved?"
Witness. "I cannot remember."
The Attorney-general. "Try."
Witness. "It is of no use. I cannot remember."
The Attorney-general. "Can you remember whether it was a small or a
large hand?"
Witness. "It was a small white hand."
The Attorney-general. "The hand, presumably, of a lady?"
Witness. "Or of a member of the theatre. Who can tell? We have many
such."
The Attorney-general. "Were there rings upon her fingers?"
Witness. "I observed one of turquoises and diamonds."
The Attorney-general. "Was it a ring with any particular setting by
which it could be identified?"
Witness. "A ring set with diamonds and turquoises. That is all I know."
The Attorney-general. "Would you recognize it again if you saw it?"
Witness. "I cannot say. I think not. I did not particularly remark it."
The Attorney-general. "Did you remark the color of her gloves?"
Witness. "They were black gloves."
The Attorney-general. "Of kid?"
Witness. "Yes, of kid."
The Attorney-general. "At what time did the prisoner and his companion
leave the restaurant?"
Witness. "It must have been about twelve."
The Attorney-general. "Why do you say 'It must have been about twelve?'"
Witness. "Because I did not see them leave the room."
The Attorney-general. "You can, however, fix the time within a few
minutes?"
Witness. "Oh yes. At a quarter to twelve, as near as I can remember, I
had occasion to go down-stairs. When I returned, after three or four
minutes, monsieur and madame were gone."
The Attorney-general. "Were you aware that they had a carriage waiting
for them?"
Witness. "Only that I heard so. I did not see it."
(The witness was then briefly cross-examined by the prisoner.)
Prisoner. "You say that you saw me enter the restaurant from the
street, and that I asked you if I could have supper in a private room?"
Witness. "That is so."
Prisoner. "Did you show me into a private room?"
Witness. "Yes."
Prisoner. "Where other persons could not enter?"
Witness. "Oh no; it was a room for six or eight persons."
Prisoner. "During the time I was there, did you attend to other persons
besides me?"
Witness. "Yes."
Prisoner. "The room was not strictly private?"
Witness. "As private as I have said."
Prisoner. "What was the first thing I did when I went to the table you
pointed out to me?"
Witness. "You removed your overcoat. It was wet with rain; and it
surprised me that madame did not remove hers, which was also wet with
rain."
Mr. Justice Fenmore. "Do not make remarks. Simply answer the questions
put to you."
Witness. "Yes, my lord."
Prisoner. "What did I do with the overcoat when I had taken it off?"
Witness. "You hung it up behind you."
Prisoner. "On a peg in the wall?"
Witness. "Yes."
Prisoner. "Was this peg quite close to the table at which I sat?"
Witness. "No, it was at a little distance."
Prisoner. "At the back of me?"
Witness. "Yes."
Prisoner. "Did I put the overcoat on before I left the room?"
Witness. "Yes."
Mr. Justice Fenmore. "You have said in examination that you did not see
the prisoner and his companion leave the room."
Witness. "But when I returned, after being away for three or four
minutes, monsieur was gone, and the coat was also gone."
Prisoner. "Then you did not see me put on the overcoat?"
Witness. "No."
Prisoner. "I have nothing more to ask you."
Re-examined. "Would you be able to recognize the overcoat which the
prisoner wore?"
Witness. "Oh yes; it was remarkable."
The Attorney-general. "Is this it?" (Ulster produced.)
Witness. "Yes; it is the same."
At this stage the court adjourned for luncheon.
IV.
THE EVIDENCE OF LUMLEY RICH, DETECTIVE OFFICER.--THE NINE OF HEARTS.
Upon the reassembling of the court, the first witness called was Lumley
Rich.
The Attorney-general. "You belong to the detective force?"
Witness. "I do."
The Attorney-general. "On the 26th of March were you called to the
prisoner's house?"
Witness. "Yes."
The Attorney-general. "At what hour of the morning?"
Witness. "At seven o'clock."
The Attorney-general. "Was the prisoner in the house at the time?"
Witness. "He was not."
The Attorney-general. "Whom did you see for the purpose of information?"
Witness. "The prisoner's coachman, James Moorhouse, and Ida White,
lady's-maid, and other servants."
The Attorney-general. "What passed between you and the coachman?"
Witness. "I asked him at what time on the previous night the prisoner
returned home. He said at about twenty minutes past twelve, and that
the prisoner entered his house accompanied by a lady, opening the
street door with his latch-key. I asked him if he had seen the prisoner
since, and he replied that he had not. I asked him from what part of
his dress the prisoner took the latch-key, and he replied, from the
pocket of the ulster he wore."
The Attorney-general. "Although the prisoner was not at home, was this
ulster in his house?"
Witness. "Yes, it was hanging on the coat-rack in the hall."
The Attorney-general. "Did you take possession of it?"
Witness. "I did."
The Attorney-general. "Did you search the pockets?"
Witness. "Yes."
The Attorney-general. "What did you find in them?"
Witness. "The latch-key of the street door and a playing-card."
The Attorney-general. "Nothing else?"
Witness. "Nothing else."
The Attorney-general. "Is this the latch-key?" (Latch-key produced.)
Witness. "It is."
The Attorney-general. "Is this the playing-card?" (Playing-card, the
Nine of Hearts, produced.)
Witness. "It is."
The Attorney-general. "How do you recognize it?"
Witness. "By a private mark I put in the corner."
The Attorney-general. "There was absolutely nothing else in the pockets
of the ulster?"
Witness. "Nothing else."
The Attorney-general. "Did you see the prisoner before you left the
house?"
Witness. "I did."
The Attorney-general. "Describe what passed."
Witness. "The prisoner suddenly made his appearance while I was
questioning the servants, and inquired my business there. I told him
I was an officer, and that I was there because of his wife being
found dead in her bed. 'Dead!' he cried; 'my wife!' and he rushed to
her room. I followed him. He looked at her and sunk into a chair.
He seemed stupefied. I had his ulster coat hanging on my arm, and I
told him I had taken possession of it. He nodded vacantly. A moment
or two afterwards he laid his hand upon the ulster, and demanded to
know where I had obtained it. I informed him from the coat-rack in
the hall. He cried, 'Impossible!' and as it seemed to me he was about
to speak again, I informed him that anything he said might be used in
evidence against him. 'In evidence!' he cried, 'against me!' 'Yes,' I
replied; there has been murder done here.' 'Murder!' he cried; 'and I
am suspected!' To that remark I did not reply, but repeated my caution.
He said, 'Thank you,' and did not utter another word."
The prisoner did not cross-examine the witness; and this was the more
surprising as it was remarked by all in court that upon the production
of the playing-card, the Nine of Hearts, he was greatly agitated.
V.
THE EVIDENCE OF IDA WHITE, LADY'S-MAID.
The next witness called was Ida White, an attractive-looking woman
about thirty years of age.
The Attorney-general. "What is your name?"
Witness. "Ida White."
The Attorney-general. "Do you know the prisoner?"
Witness. "Yes; he was my master."
The Attorney-general. "In what capacity were you employed?"
Witness. "I was lady's-maid to his wife, my poor dead mistress."
The Attorney-general. "Were you in her service before she was married?"
Witness. "Yes."
The Attorney-general. "What was her maiden name?"
Witness. "Agnes Beach."
The Attorney-general. "When you first entered her service were her
parents alive?"
Witness. "Both of them."
The Attorney-general. "Do they still live?"
Witness. "No. Mrs. Beach died on my mistress's wedding-day; Mr. Beach
died in February of this year."
The Attorney-general. "Was your late mistress very much affected at her
mother's death?"
Witness. "She almost lost her reason. She fell into a fever, and was
scarcely expected to live. It was weeks before she recovered."
The Attorney-general. "Have you any knowledge of the circumstances of
your mistress's engagement with the prisoner?"
Witness. "She was very much in love with him."
The Attorney-general. "And he with her?"
Witness. "I don't think so."
The Attorney-general. "And according to your observation, not being in
love with her, he engaged himself to her?"
Witness. "Yes."
The Attorney-general. "Was she a good-looking woman?"
Witness. "She would not generally be considered so."
The Attorney-general. "Is this a fairly good likeness of her?"