PROFESSIONAL ANALYSIS
The _Argus_ came out in great style next morning, and it and Triffitt
continued to give its vast circle of readers a similar feast of
excitement for a good ten days. Triffitt, in fact, went almost foodless
and sleepless; there was so much to do. To begin with, there was the
daily hue and cry after Burchill, who had disappeared as completely as
if his familiar evil spirits had carried him bodily away from the very
door of Halfpenny and Farthing's office. Then there was the bringing up
of Barthorpe Herapath before the magistrate at Bow Street, and the
proceedings at the adjourned coroner's inquest. It was not until the
tenth day that anything like a breathing space came. But the position of
affairs on that tenth day was a fairly clear one. The coroner's jury had
returned a verdict of wilful murder against Barthorpe Herapath and Frank
Burchill; the magistrate had committed Barthorpe for trial; the police
were still hunting high and low for Burchill. And there was scarcely a
soul who had heard the evidence before the coroner and the magistrate
who did not believe that both the suspected men were guilty and that
both--when Burchill had been caught--would ere long stand in the Old
Bailey dock and eventually hear themselves sentenced to the scaffold.
One man, however, believed nothing of the sort, and that man was
Professor Cox-Raythwaite. His big, burly form had been very much in
evidence at all the proceedings before coroner and magistrate. He had
followed every scrap of testimony with the most scrupulous care; he had
made notes from time to time; he had given up his leisure moments, and
stolen some from his proper pursuits, to a deep consideration of the
case as presented by the police. And on the afternoon which saw
Barthorpe committed to take his trial, he went away from Bow Street,
alone, thinking more deeply than ever. He walked home to his house in
Endsleigh Gardens, head bent, hands clasped behind his big back, the
very incarnation of deep and ponderous musing. He shut himself in his
study; he threw himself into his easy chair before his hearth; he
remained smoking infinite tobacco, staring into vacancy, until his
dinner-bell rang. He roused himself to eat and drink; then he went out
into the street, bought all the evening newspapers he could lay hands
on, and, hailing a taxi-cab, drove to Portman Square.
Peggie, Mr. Tertius, and Selwood had just dined; they were sitting in a
quiet little parlour, silent and melancholy. The disgrace of Barthorpe's
arrest, of the revelations before coroner and magistrate, of his
committal on the capital charge, had reduced Peggie to a state of
intense misery; the two men felt hopelessly unable to give her any
comfort. To both, the entrance of Cox-Raythwaite came as a positive
relief.
Cox-Raythwaite, shown into the presence of these three, closed the door
in a fashion which showed that he did not wish to be disturbed, came
silently across the room, and drew a chair into the midst of the
disconsolate group. His glance round commanded attention.
"Now, my friends," he said, plunging straight into his subject, "if we
don't wish to see Barthorpe hanged, we've just got to stir ourselves!
I've come here to begin the stirring."
Peggie looked up with a sudden heightening of colour. Mr. Tertius slowly
shook his head.
"Pitiable!" he murmured. "Pitiable, most pitiable! But the evidence, my
dear Cox-Raythwaite, the evidence! I only wish----"
"I've been listening to all the evidence that could be brought before
coroner's jury and magistrate in police court," broke in the Professor.
"Listening with all my ears until I know every scrap of it by heart. And
for four solid hours this afternoon I've been analysing it. I'm going to
analyse it to you--and then I'll show you why it doesn't satisfy me.
Give me your close attention, all of you."
He drew a little table to his elbow, laid his bundle of papers upon it,
and began to talk, checking off his points on the tips of his big,
chemical-stained fingers.
"Now," he said, "we'll just go through the evidence which has been
brought against these two men, Barthorpe and Burchill, which evidence
has resulted in Barthorpe being committed for trial and in the police's
increased anxiety to lay hold of Burchill. The police theory, after all,
is a very simple one--let's take it and their evidence point by point.
"1. The police say that Jacob Herapath came to his death
as the result of a conspiracy between his nephew
Barthorpe Herapath and Frank Burchill.
"2. They say that the proof that that conspiracy existed
is found in certain documents discovered by Davidge at
Burchill's flat, in which documents Barthorpe
covenants to pay Burchill ten per cent. of the value
of the Herapath property if and when he, Barthorpe,
comes into it.
"3. The police argue that this conspiracy to murder Jacob
Herapath and upset the will was in existence before
November 12th--in other words that the idea of
upsetting the will came first, and that the murder
arose out of it.
"4. In support of this they have proved that Barthorpe was
in close touch with Burchill as soon as the murder was
committed--afternoon of the same day, at any rate--and
therefore presumably had been in close touch with him
previously.
"5. They have proved to the full a certain matter about
which there is no doubt--that Barthorpe was at the
estate office about the time at which, according to
medical evidence, his uncle was murdered, that he
subsequently put on his uncle's coat and hat and
visited this house, and afterwards returned to the
estate office. That, I say, is certain--and it is the
most damning thing against Barthorpe.
"6. According to the police, then, Barthorpe was the
actual murderer, and Burchill was an accessory before
the fact. There is no evidence that Burchill was near
the estate office that night. But that, of course,
doesn't matter--if, as the police suggest, there is
evidence that the conspiracy to kill Jacob Herapath
existed before November 12th, then it doesn't matter
at all whether Burchill took an active part in it or
not--he's guilty as accessory."
The Professor here paused and smote his bundle of papers. Then he lifted
and wagged one of his great fingers.
"But!" he exclaimed. "But--but--always a but! And the but in this case
is a mighty one. It's this--did that conspiracy exist before November
12th? Did it--did it? It's a great point--it's a great point. Now, we
all know that this morning, before he was committed, Barthorpe, much
against the wishes of his legal advisers, insisted, forcibly insisted,
on making a statement. It's in the evening papers here, verbatim. I'll
read it to you carefully--you heard him, all of you, but I want you to
hear it again, read slowly. Consider it--think of it carefully--remember
the circumstances under which it's made!"
He turned to the table, selected a newspaper, and read:
"'The accused, having insisted, in spite of evident
strong dissuasion from his counsel, upon making a
statement, said: "I wish to tell the plain and absolute
truth about my concern with this affair. I have heard
the evidence given by various witnesses as to my
financial position. That evidence is more or less true. I
lost a lot of money last winter in betting and gambling.
I was not aware that my position was known to my uncle
until one of these witnesses revealed that my uncle had
been employing private inquiry agents to find it out. I
was meaning, when his death occurred, to make a clean
breast to him. I was on the best of terms with
him--whatever he may have known, it made no difference
that I ever noticed in his behaviour to me. I was not
aware that my uncle had made a will. He never mentioned
it to me. About a year ago, there was some joking
conversation between us about making a will, and I said
to him that he ought to do it, and give me the job, and
he replied, laughingly, that he supposed he would have
to, some time. I solemnly declare that on November 12th I
hadn't the ghost of a notion that he had made a will.
"'"On November 12th last, about five o'clock in the
afternoon, I received a note from my uncle, asking me to
meet him at his estate office, at midnight. I had often
met him there at that time--there was nothing unusual
about such an appointment. I went there, of course--I
walked there from my flat in the Adelphi. I noticed when I
got there that my uncle's brougham was being slowly driven
round the square across the road. The outer door of the
office was slightly open. I was surprised. The usual thing
when I made late calls was for me to ring a bell which
sounded in my uncle's private room, and he then came and
admitted me. I went in, and down the hall, and I then saw
that the door of his room was also open. The electric
light was burning. I went in. I at once saw my uncle--he
was lying between the desk and the hearth, quite dead.
There was a revolver lying near. I touched his hand and
found it was quite warm.
"'"I looked round, and seeing no sign of any struggle, I
concluded that my uncle had shot himself. I noticed that
his keys were lying on the desk. His fur-collared overcoat
and slouch hat were thrown on a sofa. Of course, I was
much upset. I went outside, meaning, I believe, to call
the caretaker. Everything was very still in the house. I
did not call. I began to think. I knew I was in a strange
position. I knew my uncle's death would make a vast
difference to me. I was next of kin. I wanted to know how
things stood--how I was left. Something suggested itself
to me. I think the overcoat and hat suggested it. I put on
the hat and coat, took the keys from the table, and the
latch-key of the Portman Square house from my uncle's
waistcoat pocket, turned out the light, went out, closed
both doors, went to the brougham, and was driven away. I
saw very well that the coachman didn't know me at all--he
thought I was his master.
"'"I have heard the evidence about my visit to Portman
Square. I stopped there some time. I made a fairly
complete search for a will and didn't find anything. It is
quite true that I used one of the glasses, and ate a
sandwich, and very likely I did bite into another. It's
true, too, that I have lost two front teeth, and that the
evidence of that could be in the sandwich. All that's
true--I admit it. It's also quite true that I got the
taxi-cab at two o'clock at the corner of Orchard Street
and drove back to Kensington. I re-entered the office;
everything was as I'd left it. I took off the coat and
hat, put the keys under some loose papers on the table,
turned out the light and went home to my flat.
"'"Now I wish to tell the absolute, honest truth about
Burchill and the will. When I heard of and saw the will,
after Mr. Tertius produced it, I went to see Burchill at
his flat. I had never seen him, never communicated with
him in any way whatever since he had left my uncle's
service until that afternoon. I had got his address from a
letter which I found in a pocket-book of my uncle's, which
I took possession of when the police and I searched his
effects. I went to see Burchill about the will, of course.
When I said that a will had been found he fenced with me.
He would only reply ambiguously. Eventually he asked me,
point-blank, if I would make it worth his while if he
aided me in upsetting the will. I replied that if he
could--which I doubted--I would. He told me to call at ten
o'clock that night. I did so. He then told me what I had
never suspected--that Mr. Tertius was, in reality, Arthur
John Wynne, a convicted forger. He gave me his proofs, and
I was fool enough to believe them. He then suggested that
it would be the easiest thing in the world, considering
Wynne's record, to prove that he had forged the will for
his daughter's benefit. He offered to aid in this if I
would sign documents giving him ten per cent. of the total
value of my uncle's estate, and I was foolish enough to
consent, and to sign. I solemnly declare that the entire
suggestion about upsetting the will came from Burchill,
and that there was no conspiracy between us of any sort
whatever previous to that night. Whatever may happen, I've
told this court the absolute, definite truth!"'"
Professor Cox-Raythwaite folded up the newspaper, laid it on the little
table, and brought his big hand down on his knee with an emphatic smack.
"Now, then!" he said. "In my deliberate, coldly reasoned opinion, that
statement is true! If they hang Barthorpe, they'll hang an innocent man.
But----"