WHICH CARRIES THE READER INTO THE PROBATE COURT
The Probate Court wore an air of studious repose when I entered with
Miss Bellingham and her father. Apparently the great and inquisitive
public had not become aware of the proceedings that were about to take
place, or had not realised their connection with the sensational
"Mutilation Case"; but barristers and Press-men, better informed, had
gathered in some strength, and the hum of their conversation filled the
air like the droning of the voluntary that ushers in a cathedral
service.
As we entered, a pleasant-faced, elderly gentleman rose and came forward
to meet us, shaking Mr. Bellingham's hand cordially and saluting Miss
Bellingham with a courtly bow.
"This is Mr. Marchmont, Doctor," said the former, introducing me; and
the solicitor, having thanked me for the trouble I had taken in
attending at the inquest, led us to a bench, at the farther end of which
was seated a gentleman whom I recognised as Mr. Hurst.
Mr. Bellingham recognised him at the same moment and glared at him
wrathfully.
"I see that scoundrel is here!" he exclaimed in a distinctly audible
voice, "pretending that he doesn't see me, because he is ashamed to look
me in the face, but--"
"Hush! hush! my dear sir," exclaimed the horrified solicitor; "we
mustn't talk like that, especially in this place. Let me beg you--let me
entreat you to control your feelings, to make no indiscreet remarks; in
fact, to make no remarks at all," he added, with the evident conviction
that any remarks that Mr. Bellingham might make would be certain to be
indiscreet.
"Forgive me, Marchmont," Mr. Bellingham replied contritely. "I will
control myself; I will really be quite discreet. I won't even look at
him again--because, if I do, I shall probably go over and pull his
nose."
This particular form of discretion did not appear to be quite to Mr.
Marchmont's liking, for he took the precaution of insisting that Miss
Bellingham and I should sit on the farther side of his client, and thus
effectually separate him from his enemy.
"Who's the long-nosed fellow talking to Jellicoe?" Mr. Bellingham asked.
"That is Mr. Loram, K.C., Mr. Hurst's counsel; and the convivial-looking
gentleman next to him is our counsel, Mr. Heath, a most able man
and"--here Mr. Marchmont whispered behind his hand--"fully instructed by
Doctor Thorndyke."
At this juncture the judge entered and took his seat; the usher
proceeded with great rapidity to swear in the jury, and the Court
gradually settled down into that state of academic quiet which it
maintained throughout the proceedings, excepting when the noisy
swing-doors were set oscillating by some bustling clerk or reporter.
The judge was a somewhat singular-looking old gentleman, very short as
to his face and very long as to his mouth; which peculiarities, together
with a pair of large and bulging eyes (which he usually kept closed),
suggested a certain resemblance to a frog. And he had a curious
frog-like trick of flattening his eyelids--as if in the act of
swallowing a large beetle--which was the only outward and visible sign
of emotion that he ever displayed.
As soon as the swearing-in of the jury was completed Mr. Loram rose to
introduce the case; whereupon his lordship leaned back in his chair and
closed his eyes, as if bracing himself for a painful operation.
"The present proceedings," Mr. Loram explained, "are occasioned by the
unaccountable disappearance of Mr. John Bellingham, of 141 Queen Square,
Bloomsbury, which occurred about two years ago, or, to be more precise,
on the twenty-third of November, nineteen hundred and two. Since that
date nothing has been heard of Mr. Bellingham, and, as there are certain
substantial reasons for believing him to be dead, the principal
beneficiary under his will, Mr. George Hurst, is now applying to the
Court for permission to presume the death of the testator and prove the
will. As the time which has elapsed since the testator was last seen
alive is only two years, the application is based upon the circumstances
of the disappearance, which were, in many respects, very singular, the
most remarkable feature of that disappearance being, perhaps, its
suddenness and completeness."
Here the judge remarked in a still, small voice that "It would, perhaps,
have been even more remarkable if the testator had disappeared gradually
and incompletely."
"No doubt, my Lord," agreed Mr. Loram; "but the point is that the
testator, whose habits had always been regular and orderly, disappeared
on the date mentioned without having made any of the usual provisions
for the conduct of his affairs, and has not since then been seen or
heard of."
With this preamble Mr. Loram proceeded to give a narrative of the events
connected with the disappearance of John Bellingham, which was
substantially identical with that which I had read in the newspapers;
and having laid the actual facts before the jury, he went on to discuss
their probable import.
"Now, what conclusion," he asked, "will this strange, this most
mysterious train of events suggest to an intelligent person who shall
consider it impartially? Here is a man who steps forth from the house of
his cousin or his brother, as the case may be, and forthwith, in the
twinkling of an eye, vanishes from human ken. What is the explanation?
Did he steal forth and, without notice or hint of his intention, take
train to some seaport, thence to embark for some distant land, leaving
his affairs to take care of themselves and his friends to speculate
vainly as to his whereabouts? Is he now in hiding abroad, or even at
home, indifferent alike to the safety of his own considerable property
and the peace of mind of his friends? Or is it that death has come upon
him unawares by sickness, by accident, or, more probably, by the hand of
some unknown criminal? Let us consider the probabilities.
"Can he have disappeared by his own deliberate act? Why not? it may be
asked. Men undoubtedly do disappear from time to time, to be discovered
by chance or to reappear voluntarily after intervals of years and find
their names almost forgotten and their places filled by new-comers. Yes;
but there is always some reason for a disappearance of this kind, even
though it be a bad one. Family discords that make life a weariness;
pecuniary difficulties that make life a succession of anxieties;
distaste for particular circumstances and surroundings from which there
seems no escape; inherent restlessness and vagabond tendencies, and so
on.
"Do any of these explanations apply to the present case? No, they do
not. Family discords--at least those capable of producing chronic
misery--appertain exclusively to the married state. But the testator was
a bachelor with no encumbrances whatever. Pecuniary anxieties can be
equally excluded. The testator was in easy, in fact, in affluent
circumstances. His mode of life was apparently agreeable and full of
interest and activity, and he had full liberty to change it if he
wished. He had been accustomed to travel, and could do so again without
absconding. He had reached an age when radical changes do not seem
desirable. He was a man of fixed and regular habits, and his regularity
was of his own choice and not due to compulsion or necessity. When last
seen by his friends, as I shall prove, he was proceeding to a definite
destination with the expressed intention of returning for purposes of
his own appointing. He did return and then vanished, leaving those
purposes unachieved.
"If we conclude that he has voluntarily disappeared and is at present in
hiding, we adopt an opinion that is entirely at variance with all these
weighty facts. If, on the other hand, we conclude that he has died
suddenly, or has been killed by an accident or otherwise, we are
adopting a view that involves no inherent improbabilities and that is
entirely congruous with the known facts; facts that will be proved by
the testimony of the witnesses whom I shall call. The supposition that
the testator is dead is not only more probable than that he is alive; I
submit that it is the only reasonable explanation of the circumstances
of his disappearance.
"But this is not all. The presumption of death which arises so
inevitably out of the mysterious and abrupt manner in which the testator
disappeared has recently received most conclusive and dreadful
confirmation. On the fifteenth of July last there were discovered at
Sidcup the remains of a human arm--a left arm, gentlemen, from the hand
of which the third, or ring, finger was missing. The doctor who has
examined that arm will tell you that that finger was cut off either
after death or immediately before; and his evidence will prove
conclusively that that arm must have been deposited in the place where
it was found just about the time when the testator disappeared. Since
that first discovery, other portions of the same mutilated body have
come to light; and it is a strange and significant fact that they have
all been found in the immediate neighbourhood of Eltham or Woodford. You
will remember, gentlemen, that it was either at Eltham or Woodford that
the testator was last seen alive.
"And now observe the completeness of the coincidence. These human
remains, as you will be told presently by the experienced and learned
medical gentleman who has examined them most exhaustively, are those of
a man of about sixty years of age, about five feet eight inches in
height, fairly muscular and well preserved, apparently healthy, and
rather stoutly built. Another witness will tell you that the missing
man was about sixty years of age, about five feet eight inches in
height, fairly muscular and well preserved, apparently healthy, and
rather stoutly built. And--another most significant and striking
fact--the testator was accustomed to wear upon the third finger of his
left hand--the very finger that is missing from the remains that were
found--a most peculiar ring, which fitted so tightly that he was unable
to get it off after once putting it on; a ring, gentlemen, of so
peculiar a pattern that had it been found on the body must have
instantly established the identity of the remains. In a word, gentlemen,
the remains which have been found are those of a man exactly like the
testator; they differ from him in no respect whatever; they display a
mutilation which suggests an attempt to conceal an identifying
peculiarity which he undoubtedly presented; and they were deposited in
their various hiding-places about the time of the testator's
disappearance. Accordingly, when you have heard these facts proved by
the sworn testimony of competent witnesses, together with the facts
relating to the disappearance, I shall ask you for a verdict in
accordance with that evidence."
Mr. Loram sat down, and adjusting a pair of pince-nez, rapidly glanced
over his brief while the usher was administering the oath to the first
witness.
This was Mr. Jellicoe, who stepped into the box and directed a stony
gaze at the (apparently) unconscious judge. The usual preliminaries
having been gone through, Mr. Loram proceeded to examine him.
"You were the testator's solicitor and confidential agent, I believe?"
"I was--and am."
"How long have you known him?"
"Twenty-seven years."
"Judging from your experience of him, should you say that he was a
person likely to disappear voluntarily and suddenly to cease to
communicate with his friends?"
"No."
"Kindly give your reasons for that opinion."
"Such conduct on the part of the testator would be entirely opposed to
his habits and character as they are known to me. He was exceedingly
regular and business-like in his dealings with me. When travelling
abroad he always kept me informed as to his whereabouts, or, if he was
likely to be beyond reach of communications, he always advised me
beforehand. One of my duties was to collect a pension which he drew from
the Foreign Office, and on no occasion, previous to his disappearance,
has he ever failed to furnish me punctually with the necessary
documents."
"Had he, so far as you know, any reasons for wishing to disappear?"
"No."
"When and where did you last see him alive?"
"At six o'clock in the evening, on the fourteenth of October, nineteen
hundred and two, at 141 Queen Square, Bloomsbury."
"Kindly tell us what happened on that occasion."
"The testator had called for me at my office at a quarter past three,
and asked me to come with him to his house to meet Doctor Norbury. I
accompanied him to 141 Queen Square, and shortly after we arrived Doctor
Norbury came to look at some antiquities that the testator proposed to
give to the British Museum. The gift consisted of a mummy with the four
Canopic jars and other tomb-furniture, which the testator stipulated
should be exhibited together in a single case and in the state in which
they were then presented. Of these objects, the mummy only was ready for
inspection. The tomb-furniture had not yet arrived in England, but was
expected within a week. Doctor Norbury accepted the gift on behalf of
the Museum, but could not take possession of the objects until he had
communicated with the Director and obtained his formal authority. The
testator accordingly gave me certain instructions concerning the
delivery of the gift, as he was leaving England that evening."
"Are those instructions relevant to the subject of this inquiry?"
"I think they are. The testator was going to Paris, and perhaps from
thence to Vienna. He instructed me to receive and unpack the
tomb-furniture on its arrival, and to store it, with the mummy, in a
particular room, where it was to remain for three weeks. If he returned
within that time he was to hand it over in person to the Museum
authorities; if he had not returned within that time, he desired me to
notify the Museum authorities that they were at liberty to take
possession of and remove the collection at their convenience. From these
instructions I gathered that the testator was uncertain as to the length
of his absence from England and the extent of his journey."
"Did he state precisely where he was going?"
"No. He said that he was going to Paris and perhaps to Vienna, but he
gave no particulars and I asked for none."
"Do you, in fact, know where he went?"
"No. He left the house at six o'clock wearing a long, heavy overcoat
and carrying a suit-case and an umbrella. I wished him 'Good-bye' at the
door and watched him walk away as if going towards Southampton Row. I
have no idea where he went, and I never saw him again."
"Had he no other luggage than the suit-case?"
"I do not know, but I believe not. He was accustomed to travel with the
bare necessaries, and to buy anything further that he wanted _en
route_."
"Did he say nothing to the servants as to the probable date of his
return?"
"There were no servants excepting the caretaker. The house was not used
for residential purposes. The testator slept and took his meals at his
club, though he kept his clothes at the house."
"Did you receive any communication from him after he left?"
"No. I never heard from him again in any way. I waited for three weeks
as he had instructed me, and then notified the Museum authorities that
the collection was ready for removal. Five days later Doctor Norbury
came and took formal possession of it, and it was transferred to the
Museum forthwith."
"When did you next hear of the testator?"
"On the twenty-third of November following at a quarter past seven in
the evening. Mr. George Hurst came to my rooms, which are over my
office, and informed me that the testator had called at his house during
his absence and had been shown into the study to wait for him. That on
his--Mr. Hurst's--arrival it was found that the testator had disappeared
without acquainting the servants with his intended departure, and
without being seen by anyone to leave the house. Mr. Hurst thought this
so remarkable that he had hastened up to town to inform me. I also
thought it a remarkable circumstance, especially as I had received no
communication from the testator, and we both decided that it was
advisable to inform the testator's brother, Godfrey, of what had
happened.
"Accordingly Mr. Hurst and I proceeded as quickly as possible to
Liverpool Street and took the first train available to Woodford, where
Mr. Godfrey Bellingham then resided. We arrived at his house at five
minutes to nine, and were informed by the servant that he was not at
home, but that his daughter was in the library, which was a detached
building situated in the grounds. The servant lighted a lantern and
conducted us through the grounds to the library, where we found Mr.
Godfrey Bellingham and Miss Bellingham. Mr. Godfrey had only just come
in and had entered by the back gate, which had a bell that rang in the
library. Mr. Hurst informed Mr. Godfrey of what had occurred, and then
we all left the library to walk up to the house. A few paces from the
library I noticed by the light of the lantern, which Mr. Godfrey was
carrying, a small object lying on the lawn. I pointed it out to him and
he picked it up, and then we all recognised it as a scarab that the
testator was accustomed to wear on his watch-chain. It was fitted with a
gold wire passed through the suspension hole and a gold ring. Both the
wire and the ring were in position, but the ring was broken. We went to
the house and questioned the servants as to visitors; but none of them
had seen the testator, and they all agreed that no visitor whatsoever
had come to the house during the afternoon, or evening. Mr. Godfrey and
Miss Bellingham both declared that they had neither seen nor heard
anything of the testator, and were both unaware that he had returned to
England. As the circumstances were somewhat disquieting, I communicated,
on the following morning, with the police and requested them to make
inquiries; which they did, with the result that a suit-case, bearing the
initials 'J.B.', was found to be lying unclaimed in the cloak-room at
Charing Cross Station. I was able to identify the suit-case as that
which I had seen the testator carry away from Queen Square. I was also
able to identify some of the contents. I interviewed the cloak-room
attendant, who informed me that the suit-case had been deposited on the
twenty-third at about 4.15 P.M. He had no recollection of the person who
deposited it. It remained unclaimed in the possession of the railway
company for three months, and was then surrendered to me."
"Were there any marks or labels on it showing the route by which it had
travelled?"
"There were no labels on it and no marks other than the initials 'J.B.'"
"Do you happen to know the testator's age?"
"Yes. He was fifty-nine on the eleventh of October, nineteen hundred and
two."
"Can you tell us what his height was?"
"Yes. He was exactly five feet eight inches."
"What sort of health had he?"
"So far as I know his health was good. I am not aware that he suffered
from any disease. I am only judging by his appearance, which was that of
a healthy man."
"Should you describe him as well preserved or otherwise?"
"I should describe him as a well-preserved man for his age."
"How should you describe his figure?"
"I should describe him as rather broad and stout in build, and fairly
muscular, though not exceptionally so."
Mr. Loram made a rapid note of these answers, and then said:
"You have told us, Mr. Jellicoe, that you have known the testator
intimately for twenty-seven years. Now, did you ever notice whether he
was accustomed to wear any rings upon his fingers?"
"He wore upon the third finger of his left hand a copy of an antique
ring which bore the device of the Eye of Osiris. That was the only ring
he ever wore as far as I know."
"Did he wear it constantly?"
"Yes, necessarily; because it was too small for him, and having once
squeezed it on he was never able to get it off again."
This was the sum of Mr. Jellicoe's evidence, and at its conclusion the
witness glanced inquiringly at Mr. Bellingham's counsel. But Mr. Heath
remained seated, attentively considering the notes that he had just
made, and finding that there was to be no cross-examination, Mr.
Jellicoe stepped down from the box. I leaned back on my bench, and,
turning my head, observed Miss Bellingham deep in thought.
"What do you think of it?" I asked.
"It seems very complete and conclusive," she replied. And then, with a
sigh, she murmured: "Poor old Uncle John! How horrid it sounds to talk
of him in this cold-blooded, business-like way, as 'the testator,' as if
he were nothing but a sort of algebraical sign."
"There isn't much room for sentiment, I suppose, in the proceedings of
the Probate Court," I replied. To which she assented, and then asked:
"Who is this lady?"
"This lady" was a fashionably dressed young woman who had just bounced
into the witness-box and was now being sworn. The preliminaries being
finished, she answered Miss Bellingham's question and Mr. Loram's by
stating that her name was Augustina Gwendoline Dobbs, and that she was
housemaid to Mr. George Hurst, of "The Poplars," Eltham.
"Mr. Hurst lives alone, I believe?" said Mr. Loram.
"I don't know what you mean by that," Miss Dobbs began; but the
barrister explained:
"I mean that I believe he is unmarried?"
"Well, and what about it?" the witness demanded tartly.
"I am asking you a question."
"I know that," said the witness viciously; "and I say that you've no
business to make any such insinuations to a respectable young lady when
there's a cook-housekeeper and a kitchenmaid living in the house, and
him old enough to be my father----"
Here his lordship flattened his eyelids with startling effect, and Mr.
Loram interrupted: "I make no insinuations. I merely ask, Is your
employer, Mr. Hurst, an unmarried man, or is he not?"
"I never asked him," said the witness sulkily.
"Please answer my question--yes or no?"
"How can I answer your question? He may be unmarried or he may not. How
do I know? I'm not a private detective."
Mr. Loram directed a stupefied gaze at the witness, and in the ensuing
silence a plaintive voice came from the bench:
"Is the point material?"
"Certainly, my lord," replied Mr. Loram.
"Then, as I see that you are calling Mr. Hurst, perhaps you had better
put the question to him. He will probably know."
Mr. Loram bowed, and as the judge subsided into his normal state of coma
he turned to the triumphant witness.
"Do you remember anything remarkable occurring on the twenty-third of
November the year before last?"
"Yes. Mr. John Bellingham called at our house."
"How did you know he was Mr. John Bellingham?"
"I didn't; but he said he was, and I supposed he knew."
"At what time did he arrive?"
"At twenty minutes past five in the evening."
"What happened then?"
"I told him that Mr. Hurst had not come home yet, and he said he would
wait for him in the study and write some letters; so I showed him into
the study and shut the door."
"What happened next?"
"Nothing. Then Mr. Hurst came home at his usual time--a quarter to
six--and let himself in with his key. He went straight through into the
study, where I supposed Mr. Bellingham still was, so I took no notice,
but laid the table for two. At six o'clock Mr. Hurst came into the
dining-room--he has tea in the City and dines at six--and when he saw
the table laid for two he asked the reason. I said I thought Mr.
Bellingham was staying to dinner.
"'Mr. Bellingham!' says he. 'I didn't know he was here. Why didn't you
tell me?' he says. 'I thought he was with you, sir,' I said. 'I showed
him into the study,' I said. 'Well, he wasn't there when I came in,' he
said, 'and he isn't there now,' he said. 'Perhaps he has gone to wait in
the drawing-room,' he said. So we went and looked in the drawing-room,
but he wasn't there. Then Mr. Hurst said he thought Mr. Bellingham must
have got tired of waiting and gone away; but I told him I was quite sure
he hadn't, because I had been watching all the time. Then he asked me if
Mr. Bellingham was alone or whether his daughter was with him, and I
said that it wasn't that Mr. Bellingham at all, but Mr. John Bellingham,
and then he was more surprised than ever. I said we had better search
the house to make sure whether he was there or not, and Mr. Hurst said
he would come with me; so we went all over the house and looked in all
the rooms, but there was not a sign of Mr. Bellingham in any of them.
Then Mr. Hurst got very nervous and upset, and when he had just snatched
a little dinner he ran off to catch the six-thirty train up to town."
"You say that Mr. Bellingham could not have left the house because you
were watching all the time. Where were you while you were watching?"
"I was in the kitchen. I could see the front gate from the kitchen
window."
"You say that you laid the table for two. Where did you lay it?"
"In the dining-room, of course."
"Could you see the front gate from the dining-room?"
"No, but I could see the study door. The study is opposite the
dining-room."
"Do you have to come upstairs to get from the kitchen to the
dining-room?"
"Yes, of course you do!"
"Then might not Mr. Bellingham have left the house while you were coming
up the stairs?"
"No, he couldn't have done."
"Why not?"
"Because it would have been impossible."
"But why would it have been impossible?"
"Because he couldn't have done it."
"I suggest that Mr. Bellingham left the house quietly while you were on
the stairs?"
"No, he didn't."
"How do you know he did not?"
"I am quite sure he didn't."
"What makes you feel sure he did not?"
"I am quite certain he didn't."
"But how can you be certain?"
"Because I should have seen him if he had."
"But I mean when you were on the stairs."
"He was in the study when I was on the stairs."
"How do you know he was in the study?"
"Because I showed him in there and he hadn't come out."
Mr. Loram paused and took a deep breath, and his lordship flattened his
eyelids.
"Is there a side gate to the premises?" the barrister resumed wearily.
"Yes. It opens into a narrow lane at the side of the house."
"And there is a French window in the study, is there not?"
"Yes; it opens on to the small grass plot opposite the side gate."
"Were the window and the gate locked, or would it have been possible for
Mr. Bellingham to let himself out into the lane?"
"The window and the gate both have catches on the inside. He could have
got out that way, but, of course, he didn't."
"Why not?"
"Well, no gentleman would go creeping out by the back way like a thief."
"Did you look to see if the French window was shut and fastened after
you missed Mr. Bellingham?"
"I looked at it when we shut the house up for the night. It was then
shut and fastened on the inside."
"And the side gate?"
"That was shut and latched. You have to slam the gate to make the latch
fasten, so no one could have gone out of that gate without being heard."
Here the examination-in-chief ended, and Mr. Loram sat down with an
audible sigh of relief. Miss Dobbs was about to step down from the
witness-box when Mr. Heath rose to cross-examine.
"Did you see Mr. Bellingham in a good light?" he asked.
"Pretty good. It was dark outside, but the hall-lamp was alight."
"Kindly look at this"--here a small object was passed across to the
witness. "It is a trinket that Mr. Bellingham is stated to have carried
suspended from his watch-guard. Can you remember if he was wearing it in
that manner when he came to the house?"
"No, he was not."
"You are sure of that?"
"Quite sure."
"Thank you. And now I want to ask you about the search that you have
mentioned. You say that you went all over the house. Did you go into the
study?"
"No--at least, not until Mr. Hurst had gone to London."
"When you did go in, was the window fastened?"
"Yes."
"Could it have been fastened from the outside?"
"No; there is no handle outside."
"What furniture is there in the study?"
"There is a writing-table, a revolving-chair, two easy chairs, two large
bookcases, and a wardrobe that Mr. Hurst keeps his overcoats and hats
in."
"Does the wardrobe lock?"
"Yes."
"Was it locked when you went in?"
"I'm sure I don't know. I don't go about trying the cupboards and
drawers."
"What furniture is there in the drawing-room?"
"A cabinet, six or seven chairs, a Chesterfield sofa, a piano, a
silver-table, and one or two occasional tables."
"Is the piano a grand or an upright."
"It is an upright grand."
"In what position is it placed?"
"It stands across a corner near the window."
"Is there sufficient room behind it for a man to conceal himself?"
Miss Dobbs was amused and did not dissemble. "Oh, yes," she sniggered,
"there's plenty of room for a man to hide behind it."
"When you searched the drawing-room, did you look behind the piano?"
"No, I didn't!" Miss Dobbs replied scornfully.
"Did you look under the sofa?"
"Certainly not!"
"What did you do, then?"
"We opened the door and looked into the room. We were not looking for a
cat or a monkey; we were looking for a middle-aged gentleman."
"And am I to take it that your search over the rest of the house was
conducted in a similar manner?"
"Certainly. We looked into the rooms, but we did not search under the
beds or in the cupboards."
"Are all the rooms in the house in use as living or sleeping rooms?"
"No; there is one room on the second floor that is used as a store and
lumber room, and one on the first floor that Mr. Hurst uses to store
trunks and things that he is not using."
"Did you look in those rooms when you searched the house?"
"No."
"Have you looked in them since?"
"I have been in the lumber-room since, but not in the other. It is
always kept locked."
At this point an ominous flattening became apparent in his lordship's
eyelids, but these symptoms passed off when Mr. Heath sat down and
indicated that he had no further questions to ask.
Miss Dobbs once more prepared to step down from the witness-box, when
Mr. Loram shot up like a jack-in-the-box.
"You have made certain statements," said he, "concerning the scarab
which Mr. Bellingham was accustomed to wear suspended from his
watch-guard. You say that he was not wearing it when he came to Mr.
Hurst's house on the twenty-third of November, nineteen hundred and two.
Are you quite sure of that?"
"Quite sure."
"I must ask you to be very careful in your statement on this point. The
question is a highly important one. Do you swear that the scarab was not
hanging from his watch-guard?"
"Yes, I do."
"Did you notice the watch-guard particularly?"
"No, not particularly."
"Then what makes you so sure that the scarab was not attached to it?"
"It couldn't have been."
"Why could it not?"
"Because if it had been there I should have seen it."
"What kind of a watch-guard was Mr. Bellingham wearing?"
"Oh, an ordinary sort of watch-guard."
"I mean, was it a chain or a ribbon or a strap?"
"A chain, I think--or perhaps a ribbon--or it might have been a strap."
His lordship flattened his eyelids, but made no further sign, and Mr.
Loram continued:
"Did you or did you not notice what kind of watch-guard Mr. Bellingham
was wearing?"
"I did not. Why should I? It was no business of mine."
"But yet you are sure about the scarab?"
"Yes, quite sure."
"You noticed that, then?"
"No, I didn't. How could I when it wasn't there?"
Mr. Loram paused and looked helplessly at the witness; a suppressed
titter arose from the body of the Court, and a faint voice from the
bench inquired:
"Are you _quite_ incapable of giving a straightforward answer?"
Miss Dobbs' only reply was to burst into tears; whereupon Mr. Loram
abruptly sat down and abandoned his re-examination.
The witness-box vacated by Miss Dobbs was occupied successively by Dr.
Norbury, Mr. Hurst, and the cloak-room attendant, none of whom
contributed any new facts, but merely corroborated the statements made
by Mr. Jellicoe and the housemaid. Then came the labourer who discovered
the bones at Sidcup, and who repeated the evidence that he had given at
the inquest, showing that the remains could not have been lying in the
watercress-bed more than two years. Finally Dr. Summers was called, and,
after he had given a brief description of the bones that he had
examined, was asked by Mr. Loram:
"You have heard the description that Mr. Jellicoe has given of the
testator?"
"I have."
"Does that description apply to the person whose remains you examined?"
"In a general way, it does."
"I must ask you for a direct answer--yes or no. Does it apply?"
"Yes. But I ought to say that my estimate of the height of the deceased
is only approximate."
"Quite so. Judging from your examination of those remains and from Mr.
Jellicoe's description, might those remains be the remains of the
testator, John Bellingham?"
"Yes, they might."
On receiving this admission Mr. Loram sat down, and Mr. Heath
immediately rose to cross-examine.
"When you examined these remains, Doctor Summers, did you discover any
personal peculiarities which would enable you to identify them as the
remains of any one individual rather than any other individual of
similar size, age, and proportions?"
"No. I found nothing that would identify the remains as those of any
particular individual."
As Mr. Heath asked no further questions, the witness received his
dismissal, and Mr. Loram informed the Court that that was his case. The
judge bowed somnolently, and then Mr. Heath rose to address the Court on
behalf of the respondent. It was not a long speech, nor was it enriched
by any displays of florid rhetoric; it concerned itself exclusively with
a rebutment of the arguments of the counsel for the petitioner.
Having briefly pointed out that the period of absence was too short to
give rise of itself to the presumption of death, Mr. Heath continued:
"The claim therefore rests upon evidence of a positive character. My
learned friend asserts that the testator is presumably dead, and it is
for him to prove what he has affirmed. Now, has he done this? I submit
that he has not. He has argued with great force and ingenuity that the
testator, being a bachelor, a solitary man without wife or child,
dependent or master, public or private office or duty, or any bond,
responsibility, or any other condition limiting his freedom of action,
had no reason or inducement for absconding. This is my learned friend's
argument, and he has conducted it with so much skill and ingenuity that
he has not only succeeded in proving his case; he has proved a great
deal too much. For if it is true, as my learned friend so justly argues,
that a man thus unfettered by obligations of any kind has no reason for
disappearing, is it not even more true that he has no reason for _not_
disappearing? My friend has urged that the testator was at liberty to go
where he pleased, when he pleased, and how he pleased; and that
therefore there was no need for him to abscond. I reply, if he was at
liberty to go away, whither, when, and how he pleased, why do we express
surprise that he has made use of his liberty? My learned friend points
out that the testator notified to nobody his intention of going away and
has acquainted no one with his whereabouts; but, I ask, whom should he
have notified? He was responsible to nobody; there was no one dependent
upon him; his presence or absence was the concern of nobody but himself.
If circumstances suddenly arising made it desirable that he should go
abroad, why should he not go? I say there was no reason whatever.
"My learned friend has said that the testator went away leaving his
affairs to take care of themselves. Now, gentlemen, I ask you if this
can fairly be said of a man whose affairs are, as they have been for
years, in the hands of a highly capable, completely trustworthy agent
who is better acquainted with them than the testator himself? Clearly it
cannot.
"To conclude this part of the argument: I submit that the circumstances
of the so-called disappearance of the testator present nothing out of
the ordinary. The testator is a man of ample means, without any
responsibilities to fetter his movements and has been in the constant
habit of travelling, often into remote and distant regions. The mere
fact that he has been absent somewhat longer than usual affords no
ground whatever for the drastic proceeding of presuming his death and
taking possession of his property.
"With reference to the human remains which have been mentioned in
connection with the case I need say but little. The attempt to connect
them with the testator has failed completely. You yourselves have heard
Doctor Summers state on oath that they cannot be identified as the
remains of any particular person. That would seem to dispose of them
effectually. I must remark upon a very singular point that has been
raised by the learned counsel for the petitioner, which is this:
"My learned friend points out that these remains were discovered near
Eltham and near Woodford and that the testator was last seen alive at
one of these two places. This he considers for some reason to be a
highly significant fact. But I cannot agree with him. If the testator
had been last seen alive at Woodford and the remains had been found at
Woodford, or if he had disappeared from Eltham and the remains had been
found at Eltham, that would have had some significance. But he can only
have been last seen at one of the places, whereas the remains have been
found at both places. Here again my learned friend seems to have proved
too much."
"But I need not occupy your time further. I repeat that, in order to
justify us in presuming the death of the testator, clear and positive
evidence would be necessary. That no such evidence has been brought
forward. Accordingly, seeing that the testator may return at any time
and is entitled to find his property intact, I shall ask you for a
verdict that will secure to him this measure of ordinary justice."
At the conclusion of Mr. Heath's speech the judge, as if awakening from
a refreshing nap, opened his eyes; and uncommonly shrewd, intelligent
eyes they were, when the expressive eyelids were duly tucked up out of
the way. He commenced by reading over a part of the will and certain
notes--which he appeared to have made in some miraculous fashion with
his eyes shut--and then proceeded to review the evidence and the
counsels' arguments for the instruction of the jury.
"Before considering the evidence which you have heard, gentlemen," he
said, "it will be well for me to say a few words to you on the general
legal aspects of the case which is occupying our attention."
"If a person goes abroad or disappears from his home and his ordinary
places of resort and is absent for a long period of time, the
presumption of death arises at the expiration of seven years from the
date on which he was last heard of. That is to say, that the total
disappearance of an individual for seven years constitutes presumptive
evidence that the said individual is dead; and the presumption can be
set aside only by the production of evidence that he was alive at some
time within that period of seven years. But if, on the other hand, it
is sought to presume the death of a person who has been absent for a
shorter period than seven years, it is necessary to produce such
evidence as shall make it highly probable that the said person is dead.
Of course, presumption implies supposition as opposed to actual
demonstration; but, nevertheless, the evidence in such a case must be of
a kind that tends to create a very strong belief that death has
occurred; and I need hardly say that the shorter the period of absence,
the more convincing must be the evidence.
"In the present case, the testator, John Bellingham, has been absent
somewhat under two years. This is a relatively short period, and in
itself gives rise to no presumption of death. Nevertheless, death has
been presumed in a case where the period of absence was even shorter and
the insurance recovered; but here the evidence supporting the belief in
the occurrence of death was exceedingly weighty.
"The testator in this case was a shipmaster, and his disappearance was
accompanied by the disappearance of the ship and the entire ship's
company in the course of a voyage from London to Marseilles. The loss of
the ship and her crew was the only reasonable explanation of the
disappearance, and, short of actual demonstration, the facts offered
convincing evidence of the death of all persons on board. I mention this
case as an illustration. You are not dealing with speculative
probabilities. You are contemplating a very momentous proceeding, and
you must be very sure of your ground. Consider what it is that you are
asked to do.
"The petitioner asks permission to presume the death of the testator in
order that the testator's property may be distributed among the
beneficiaries under the will. The granting of such permission involves
us in the gravest responsibility. An ill-considered decision might be
productive of a serious injustice to the testator, an injustice that
could never be remedied. Hence it is incumbent upon you to weigh the
evidence with the greatest care, to come to no decision without the
profoundest consideration of all the facts.
"The evidence that you have heard divides itself into two parts--that
relating to the circumstances of the testator's disappearance, and that
relating to certain human remains. In connection with the latter I can
only express my surprise and regret that the application was not
postponed until the completion of the coroner's inquest, and leave you
to consider the evidence. You will bear in mind that Doctor Summers has
stated explicitly that the remains cannot be identified as those of any
particular individual, but that the testator and the unknown deceased
had so many points of resemblance that they might possibly be one and
the same person.
"With reference to the circumstances of the disappearance, you have
heard the evidence of Mr. Jellicoe to the effect that the testator has
on no previous occasion gone abroad without informing him as to his
proposed destination. But in considering what weight you are to give to
this statement you will bear in mind that when the testator set out for
Paris after his interview with Doctor Norbury he left Mr. Jellicoe
without any information as to his specific destination, his address in
Paris, or the precise date when he should return, and that Mr. Jellicoe
was unable to tell us where the testator went or what was his business.
Mr. Jellicoe was, in fact, for a time without any means of tracing the
testator or ascertaining his whereabouts.
"The evidence of the housemaid, Dobbs, and of Mr. Hurst is rather
confusing. It appears that the testator came to the house, was shown
into a certain room, and when looked for later was not to be found. A
search of the premises showed that he was not in the house, whence it
seems to follow that he must have left it; but since no one was informed
of his intention to leave, and he had expressed the intention of staying
to see Mr. Hurst, his conduct in thus going away surreptitiously must
appear somewhat eccentric. The point that you have to consider,
therefore, is whether a person who is capable of thus departing in a
surreptitious and eccentric manner from a house, without giving notice
to the servants, is capable also of departing in a surreptitious and
eccentric manner from his usual places of resort without giving notice
to his friends or thereafter informing them of his whereabouts.
"The questions, then, gentlemen, that you have to ask yourselves before
deciding on your verdict are two: first, Are the circumstances of the
testator's disappearance and his continued absence incongruous with his
habits and personal peculiarities as they are known to you? and second,
Are there any facts which indicate in a positive manner that the
testator is dead? Ask yourselves these questions, gentlemen, and the
answers to them, furnished by the evidence that you have heard, will
guide you to your decision."
Having delivered himself of the above instructions, the judge applied
himself to the perusal of the will with professional gusto, in which
occupation he was presently disturbed by the announcement of the foreman
of the jury that a verdict had been agreed upon.
The judge sat up and glanced at the jury-box, and when the foreman
proceeded to state that "We find no sufficient reason for presuming the
testator, John Bellingham, to be dead," he nodded approvingly. Evidently
that was his opinion, too, as he was careful to explain when he conveyed
to Mr. Loram the refusal of the Court to grant the permission applied
for.
The decision was a great relief to me, and also, I think, to Miss
Bellingham; but most of all to her father, who, with instinctive good
manners, since he could not suppress a smile of triumph, rose hastily
and stumped out of the Court, so that the discomfited Hurst should not
see him. His daughter and I followed, and as we left the Court she
remarked, with a smile:
"So our pauperism is not, after all, made absolute. There is still a
chance for us in the Chapter of Accidents--and perhaps even for poor old
Uncle John."