CHAPTER II.

THE TRIAL.

The Counsel, in a clear and deliberate voice, opened his speech with

an unvarnished statement of the case; and a very remarkable story he

unfolded. Prelice, as an experienced traveller, had always believed in

the impossible; but it seemed to him that he had returned to prosaic

England to hear a veritable fairy-tale. There was something extremely

fantastic about the way in which the crime was said to have been

committed. As set forth by the speaker, the event happened in this

wise.

Sir Oliver Lanwin, the last male heir of an ancient Kentish family,

whose seat was situated near Hythe, had found himself, some forty

years previous to the trial, a pauper with a newly inherited title.

Seeing no chance in England of rehabilitating his fortunes, he had

taken what little money he possessed to New Zealand, leaving his only

sister well provided for, as the wife of an army officer named Chent.

After making some money in various ways at Hokitika, Sir Oliver had

purchased a fruit schooner to trade amongst the South Sea Islands.

Being successful, he had bought other ships, and for more than thirty

years he had been a kind of Polynesian merchant-prince, owing to his

wealth and enterprise and keen business capacity. He had never

married, because of an early disappointment, and ten years before, he

had returned to England with a capital representing ten thousand a

year. With this he had retired to his ancestral seat, near Hythe, and

there proposed to end his days in comfort, after the fashion of

Sinbad, the famous sailor of the Arabian Nights. He brought with him

an old shell-back mariner, Steve Agstone by name, who was an important

witness for the prosecution. Unfortunately, said the Counsel, the man

had disappeared, immediately before the inquest, after hinting to the

housekeeper, Mrs. Blexey, that he had actually witnessed the committal

of the crime, for which the prisoner was being tried. In spite of all

efforts made by the police, this witness could not be discovered, and

it was impossible to say why he had disappeared. But Counsel hoped to

produce other witnesses, who would prove beyond all shadow of a doubt

that the prisoner was guilty.

After proceeding thus far, Counsel sipped a glass of water, hitched

his gown more comfortably on to his shoulders, and continued his

speech amidst the breathless silence of the listeners.

Being a bachelor, Sir Oliver felt somewhat lonely, since he was of a

sociable disposition. For a few months he kept open house, but as his

nature proved to be exacting and imperious, he did not get on well

with his neighbours. Finally, he proclaimed that they were all idiots,

and closing his doors, he became more or less of a recluse. It was

then that Sir Oliver's widowed sister, Mrs. Chent, died suddenly,

leaving her daughter Mona--the prisoner--to the care of her uncle. Sir

Oliver became extremely fond of the young lady, who was of a lively

and amiable disposition. Indeed, his attachment was so great that he

made a will in her favour, by which she was to inherit ten thousand a

year and the family-seat.

"And here," proceeded Counsel impressively, "I may mention a

circumstance which, in the light of after events, has some bearing on

the case. Mr. Oliver, while bathing at Samoa, had his leg taken off,

from the knee, by a shark. He thus was unable to indulge in field

sports, in games, or indeed in any kind of out-of-door life. He

therefore took to reading, and of a somewhat unusual kind. Jacob

Bohme, Paracelsus, and Eliphas Levi were his favourite authors, from

which it can be judged that the dead man took a deep interest in

psychic questions.

"He also consulted palmists, fortune-tellers, astrologers, and

crystal-gazers, frequently asking them down to Lanwin Grange. In fact,

at the very time when the crime was committed, Madame Marie

Eppingrave, a well-known Bond Street interpreter of the future, was

staying in the house. She will be called as a witness. But you can

see, gentlemen of the jury, that the late baronet was an exceedingly

superstitious man, although clear-headed in business and perfectly

capable of managing his affairs."

It was at this point that Shepworth caught sight of Prelice, and he

nodded in a friendly manner. Then he scribbled a note, and sent it by

an usher to the young man. It proved to be a request that Prelice

would wait for him at the door when the Court adjourned for luncheon.

Prelice slipped the missive into his pocket, and nodded a reply.

Shepworth seemed to be pleased with this prompt acceptance, and

immediately resumed his attitude of attention, while Counsel continued

to boom out facts with the drone of a bumble-bee.

As the narrative proceeded it appeared that, a few months before his

death, Sir Oliver had received a South Sea visitor in the person of a

young sailor called Captain Felix Jadby, whose father he had known at

Tahiti. The baronet was extremely intimate with the visitor, and

practically gave him the run of the house. Captain Jadby came and went

at will, and Sir Oliver talked to him a great deal in connection with

matters dealing with Polynesian trade. This was not to be wondered at,

since the baronet, having been a trader himself, it was pleasant for

him to converse with one who knew about such things.

Unfortunately, Captain Jadby fell in love with the prisoner, and

wished to marry her. She refused to become his wife, on the plea that

she loved Mr. Edward Shepworth, and was engaged to him. Sir Oliver was

annoyed at the engagement, as he desired the marriage with Captain

Jadby to take place. On the day of his death he quarrelled seriously

with the prisoner, and, according to Madame Marie Eppingrave's

evidence--since she was present during the quarrel--Sir Oliver stated

that if the prisoner did not marry Captain Jadby he would disinherit

her. Prisoner still refused, and retired to her room, saying that she

would not reappear until Captain Jadby was out of the house. For the

sake of peace Jadby went up to London that same day, with the

intention of returning by the ten o'clock train. Then, if prisoner

still remained obdurate, he intended to say good-bye to his host, and

leave for the Colonies within the week.

"And now, gentlemen of the jury," continued Counsel, with another

hitch of his gown, "we come to the most important part of the story.

Previous to going to London, Captain Jadby had a wordy quarrel with

Mr. Shepworth, and from words the quarrel came to blows. Mr.

Shepworth's foot slipped and he slightly sprained his ankle, so that

he was not able to leave Lanwin Grange, as he desired. His position

was an unpleasant one, since Sir Oliver was not well disposed towards

him on account of the engagement which existed with the prisoner. As

Captain Jadby had left the Grange, Mr. Shepworth wished to go also,

and would have gone, but that his sprained ankle prevented his

removal, and he therefore remained in his room. Now, gentlemen, you

can see the position of the several people connected with this matter

at the time when the crime was committed. Captain Jadby was in London,

intending to return at ten o'clock; Mr. Shepworth was in his room with

a sprained ankle which prevented his leaving it; the prisoner was also

in her room, and even though Captain Jadby had departed, for the time

being, she declined to come down to dinner. Madame Marie Eppingrave

and Sir Oliver dined alone, and then the baronet retired to his

library, where until nine o'clock--according to Madame Marie's

evidence--he chatted with her on occult subjects. Also, as Madame

Marie will state, Sir Oliver expressed himself strongly on the subject

of the prisoner's refusal of Jadby.

"As Sir Oliver was in the habit of retiring early to bed on account of

his health, his factotum, Steve Agstone, entered the library at nine

o'clock to bolt and bar the windows. There were no shutters; and this

please remember, gentlemen, as it is an important point. The servants

had already retired, and after making the library safe, Steve Agstone

left the room with the intention of waiting up for Captain Jadby,

who was expected back by the ten o'clock train, and who intended to

walk to the Grange. Madame Marie lingered for a few minutes to say

good-night, and then retired to her bedroom. She declares that it

was five minutes after nine o'clock that she left the library. Sir

Oliver--so she says--was seated at the table near the window reading

and smoking.

"Here, gentlemen," pursued Counsel, taking up a plan, "is a drawing of

the library." He passed it by an usher to the foreman of the jury.

"You will see that there is only one door to the library, which leads

out into the hall, and which is opposite to the fireplace. The inner

walls of the room, on three sides, are covered with books, but the

fourth wall--the outer wall, gentlemen--has in it three tall French

windows, which lead on to a terrace over a lawn. The lawn extends for

some distance, ending in flower-beds, these in their turn being

encircled by shrubs, and farther back by the park trees. When Madame

Marie left the room Sir Oliver was seated at his writing-table, marked

'X,' immediately before the middle window. As the night was chilly

there was a fire burning in the grate. You understand, gentlemen?

Good. Now we come to the discovery of the crime."

Counsel then went on to state that Captain Jadby returned, according

to his promise, at ten o'clock--that is, his train arrived at the

station, which was about half-a-mile from the Grange. He walked to Sir

Oliver's house, as he had no luggage to carry, and the night was fine

if somewhat cold. On emerging from the avenue on to the lawn he saw

that there was a light in the library; and it was here that Counsel

again drew the jury's attention to the fact that the windows had no

shutters. Captain Jadby therefore thought that, as Sir Oliver had not

retired to bed, he would knock at one of the windows, and enter the

house that way, so as to avoid rousing the other inmates by ringing

the bell. He advanced to the lighted windows, and looked through the

middle one, which was veiled, as were the others, with curtains of

Indian beadwork. To his surprise, he saw that Sir Oliver, seated at

his desk, was lying forward on the writing-table. "I am precise to a

fault here, gentlemen," said Counsel jocularly, "but it is absolutely

to be even pedantic, so that you will understand.

"Sir Oliver," he continued, "was lying with his face on his

outstretched hands, and in an armchair near the fireplace sat the

prisoner, in a white dressing-gown with her hands on her lap. Captain

Jadby could not see very distinctly, owing to the beadwork curtains,

but he saw sufficient to guess that something was wrong, especially as

his knocking produced no effect either on Sir Oliver or on the

prisoner. He unconsciously pushed at the middle window, and, to his

surprise, discovered that it was not locked. He therefore entered, and

what he saw made him ring the bell at once, to summon the household.

"And what did he see, gentlemen of the jury? he saw that Sir

Oliver was dead. He had been stabbed to the heart, under the left

shoulder-blade, apparently while seated at his desk. The body had

naturally fallen forward. The prisoner, seated in the armchair with

her hands on her lap, was in an unconscious state, but her hands and

the white dressing-gown were stained with blood--with the blood,

gentlemen," said Counsel impressively, "of her uncle. Before anyone

could enter the room she revived, and on seeing the body of her uncle,

displayed great terror and horror. Steve Agstone, who had been waiting

up for Captain Jadby, was the first person to enter, and on

discovering the dead body of his master--to whom he was sincerely

attached--he at once rushed out of the house for a doctor. By this

time the servants were aroused by the noise, and with them came Madame

Marie Eppingrave. Even Mr. Shepworth, lame as he was, managed to crawl

down the stairs, so loud had been the clamour which had awakened him.

"And what did the prisoner say to all this? Gentlemen, she told a most

ridiculous story to account for her presence in the library. According

to her statement, which the inspector from Hythe took down in the

presence of witnesses, prisoner said that she could not sleep on

account of her quarrel with her uncle. She came down the stairs at a

quarter to ten o'clock, and entered the library, with the intention of

making friends with her uncle. When she entered--so she declares--the

room was filled with pungent white smoke, through which she could

dimly see Sir Oliver seated at the writing-table. The smoke made

her senses reel, but by holding her handkerchief to her mouth she

managed to stagger to the middle window. She had just managed to

unfasten the catch when she fell unconscious. The next thing she

remembers--according to her preposterous story--is the presence of

Captain Jadby. She declares that she did not know when Sir Oliver was

stabbed, and when she entered the library did not know why it should

be filled with smoke. When Captain Jadby entered--as he will tell

you--there was no smoke, and the fire had burned down to red cinders."

Again Counsel had to drink a sip of water, as he had been talking for

some time, and there was a low murmur of conversation heard before he

again began to speak. The story, which he alleged that Miss Chent had

told, seemed ridiculous; and even Prelice, prejudiced as he was in her

favour, thought that the defence was absurd. But Miss Chent never

moved a muscle; she did not even change colour. Quiet, and without a

word, she sat in the dock, waiting patiently for her innocence to be

made manifest. And yet, as everyone thought, her tale was too

ridiculous for words.

"And finally, gentlemen," said Counsel, taking up his brief, "I would

draw your attention to the medical evidence. The doctor called in

stated that Sir Oliver was murdered about ten o'clock--mark that,

gentlemen--about the very time that the prisoner confesses she was in

the library in a state of unconsciousness. Captain Jadby did not

arrive until thirty minutes after ten, as he did not walk very

quickly. And again, gentlemen, no weapon was found wherewith the

wound--a wide, clean wound--could have been inflicted. But an Indian

dagger with a jade handle, used by Sir Oliver as a paper-knife, is

missing. With that I verily believe the deceased was stabbed. And

remember, gentlemen, that the window was unfastened; and if we are to

believe this foolish tale of a pungent smoke, prisoner unfastened it

when she entered and immediately before she fainted. Gentlemen, she

_did_ faint, but not then. No! Can you not guess what took place? The

prisoner came down the stairs to see her uncle; perhaps, as she

declares, to make it up with him, since we may as well give her the

benefit of the doubt. But in place of reconciliation, the quarrel

grows more bitter. Impulsive and furious, the prisoner snatches the

paper-knife--a dangerous weapon remember, gentlemen--and while Sir

Oliver turns again to his book, stabs him in the back. She then opens

the window, and buried the paper-knife, all bloody, in the garden. On

re-entering, the sight of the dead body shows her what a terrible

crime she has committed. Instead of refastening the window she

staggers forward, with the intention of regaining her bedroom, and of

playing the part of an innocent woman. But her nerves, which

maintained her strength and consciousness so far, fail at the critical

moment. She manages to reach the armchair, and falls into it

unconscious, some time after ten o'clock. There she lies, with

blood-stained hands and dress, until Captain Jadby arrives, when she

recovers her senses to tell a wild and improbable story. Sir Oliver,

as the medical evidence proves, was alive when she entered the library

at a quarter to ten. He is dead, and his blood is smearing the

prisoner's dressing-gown at half-past ten, when Captain Jadby arrives.

And all that time prisoner says that she was unconscious. Quite so.

She was, up to the moment of Captain Jadby's arrival, and from the

moment, when she staggered into the room, after burying the knife in

the garden. And now, gentlemen----" Here Counsel went on to state that

in spite of all efforts the knife could not be found. He also detailed

more explicitly the medical evidence, and gave the name of the witness

whom he proposed to call, and ended with a damning indictment of the

reasons which had led the prisoner to commit the crime. Amongst these

was the fact that by Sir Oliver's death prisoner would inherit ten

thousand a year at once, and would thus have been enabled to marry

Edward Shepworth.

When his speech was finished Counsel sat down, wiping his brow, and a

hum of conversation rose in the crowded Court. Mona's eyes wandered

here and there, and rested finally on the pitying face of Lord

Prelice. For a moment she remained calm, and then flushed deeply, the

first sign of emotion she had given. A moment later and she was led

away in charge of a warder, while the Court adjourned for luncheon.

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