"Next afternoon I went down to see Guide in the waiting-room at the Old

Bailey. He was a middle-aged man, heavy-faced, and evidently knocked

half stupid by the situation in which he found himself. He was perhaps

as great a fool to his own interests as one might often meet with.

There was no getting the simplest tale out of him except by regular

question-and-answer cross-examination. What little he did tell seemed

rather to confirm his guilt than otherwise; though, strange to say, I

was beginning to believe him when he kept on assuring me between every

other sentence that he did not commit the murder. Perhaps it was the

stolid earnestness of the fellow in denying the crime which convinced

me. One gets to read a good deal from facial expression when a man has

watched what goes on in the criminal dock as long as I have done; and

one can usually spot guilt under any mask.

"'But tell me,' I said, 'what did you quarrel about in the first

instance?'

"'Money,' said Guide, moodily.

"'That's vague. Tell me more. Did he owe you money?'

"'No, sir, it was t'other way on.'

"'Wages in arrear?'

"'No, it was money he had advanced me for the working of my business.

You see Walker had always been a hard man, and he'd saved. He said he

wanted his money back, he knowing that I was pinched a bit just then

and couldn't pay. Then he tried to thrust himself into partnership with

me in the business, which was a thing I didn't want. I'd good contracts

on hand which I expected would bring me in a matter of nine thousand

pounds, and I didn't want to share it with any man, least of all him. I

told him so, and that's how the trouble began. But it was him that hit

me first.'

[Illustration: "HE KEPT ON ASSURING ME THAT HE DIDN'T COMMIT THE

MURDER."]

"'Still, you returned the blow?'

"Guide passed a hand wearily over his forehead. 'I may have struck him

back, sir--I was dazed, and I don't rightly remember. But before God

I'll swear that I never lifted that pick to Andrew Walker--it was his

pick.'

"'But,' I persisted, "Walker couldn't very conveniently have murdered

himself.'

"'No, sir, no--no, he couldn't. I thought of that myself since I been

in here, and I said to Mr. Barnes that perhaps somebody come into the

carriage when I was knocked silly, and killed him; but Mr. Barnes he

said that was absurd. Besides, who could have done it?'

"'Don't you know anybody, then, who would have wished for Walker's

death?'

"'There was them that didn't like him,' said Guide, drearily.

"That was all I could get out of him, and I went away from the prison

feeling very dissatisfied. I was stronger than ever in the belief that

Guide was in no degree guilty, and yet for the life of me I did not

see how to prove his innocence. He had not been a man of any strong

character to begin with, and the shock of what he had gone through had

utterly dazed him. It was hopeless to expect any reasonable explanation

from him; he had resigned himself to puzzlement. If he had gone

melancholy mad before he came up to trial, I should not have been one

whit surprised.

"I brooded over the matter for a couple of days, putting all the rest

of my practice out of thought, but I didn't get any forwarder with it.

I hate to give anything up as a bad job, and in this case I felt that

there was on my shoulders a huge load of responsibility. Guide, I had

thoroughly persuaded myself, had not murdered Andrew Walker; as sure as

the case went into court, on its present grounding, the man would be

hanged out of hand; and I persuaded myself that then I, and I alone,

should be responsible for an innocent man's death.

"At the end of those two days only one course seemed open to me. It was

foreign to the brief I held, but the only method left to bring in my

client's innocence.

"I must find out who did really murder the man. I must try to implicate

some third actor in the tragedy.

"To begin with, there was the railway carriage; but a little thought

showed me that nothing was to be done there. The compartment would have

been inspected by the police, and then swept and cleaned and garnished,

and coupled on to its train once more, and used by unconscious

passengers for weeks since the uproar occurred in it.

"All that I had got to go upon were the notes and relics held at

Scotland Yard.

"The police authorities were very good. Of course, they were keen

enough to bring off the prosecution with professional _éclat_; but they

were not exactly anxious to hand over a poor wretch to the hangman if

he was not thoroughly deserving of a dance on nothing. They placed at

my disposal every scrap of their evidence, and said that they thought

the reading of it all was plain beyond dispute. I thought so, too, at

first. They sent an inspector to my chambers as their envoy.

"On one point, though, after a lot of thought, I did not quite agree

with them. I held a grisly relic in my hand, gazing at it fixedly. It

was a portion of Walker's skull--a disc of dry bone with a splintered

aperture in the middle.

"'And so you think the pickaxe made that hole,' I said to the inspector.

[Illustration: "'YOU THINK THE PICKAXE MADE THAT HOLE,' I SAID TO THE

INSPECTOR."]

"'I don't think there can be any doubt about it, Mr Grayson. Nothing

else could have done it, and the point of the pick was smeared with

blood.'

"'But would there be room to swing such a weapon in a third-class

Metropolitan railway carriage?'

"'We thought of that, and at first it seemed a poser. The roof is low,

and both Guide and Walker are tall men; but if Guide had gripped the

shaft by the end, so, with his right hand pretty near against the head,

so, he'd have had heaps of room to drive it with a sideways swing. I

tried the thing for myself; it acted perfectly. Here's the pickaxe: you

can see for yourself.'

"I did see, and I wasn't satisfied; but I didn't tell the inspector

what I thought. It was clearer to me than ever that Guide had not

committed the murder. What I asked the inspector was this: 'Had either

of the men got any luggage in the carriage?'

"The inspector answered, with a laugh, 'Not quite, Mr. Grayson, or you

would see it here.'

"Then I took on paper a rough outline of that fragment of bone, and an

accurate sketch of exact size of the gash in it, and the inspector went

away. One thing his visit had shown me. Andrew Walker was not slain by

a blow from behind by the pickaxe.

"I met Barnes whilst I was nibbling lunch, and told him this. He heard

me doubtfully. 'You may be right,' said he, 'but I'm bothered if I see

what you have to go upon.'

"'You know what a pickaxe is like?' I said.

"'Certainly.'

"'A cross-section of one of the blades would be what?'

"'Square--or perhaps oblong.'

"'Quite so. Rectangular. What I want to get at is this: it wouldn't

even be diamond shape, with the angles obtuse and acute alternately.'

"'Certainly not. The angles would be clean right-angles.'

"'Very good. Now look at this sketch of the hole in the skull, and tell

me what you see.'

"Barnes put on his glasses, and gazed attentively for a minute or so,

and then looked up. 'The pick point has crashed through without leaving

any marks of its edges whatever.'

"'That is to say, there are none of your right-angles showing.'

"'None. But that does not go to prove anything.'

"'No. It's only about a tenth of my proof. It gives the vague initial

idea. It made me look more carefully, and I saw this'--I pointed with

my pencil to a corner of the sketch.

"Barnes whistled. 'A clean arc of a circle,' said he, 'cut in the bone

as though a knife had done it. You saw that pickaxe. Was it much worn?

Were the angles much rounded near the point?'

"'They were not. On the contrary, the pick, though an old one, had just

been through the blacksmith's shop to be re-sharpened, and had not

been used since. There was not a trace of wear upon it: of that I am

certain.'

"Barnes whistled again in much perplexity. At length said he, 'It's an

absolutely certain thing that Walker was not killed in the way they

imagine. But I don't think this will get Guide off scot-free. There's

too much other circumstantial evidence against him. Of course you'll do

your best, but----'

"'It would be more than a toss up if I could avoid a conviction. Quite

so. We must find out more. The question is, how was this wound made?

Was there a third man in it?'

[Illustration: "LOOK AT THIS SKETCH OF THE HOLE IN THE SKULL."]

"'Guide may have jobbed him from behind with some other instrument, and

afterwards thrown it out of window.'

"'Yes,' said I, 'but that is going on the assumption that Guide did

the trick, which I don't for a moment think is the case. Besides, if

he did throw anything out of window, it would most assuredly have been

found. They keep the permanent way very thoroughly inspected upon the

Metropolitan. No, Barnes. There is some other agent in this case,

animate or inanimate, which so far we have overlooked completely; and

an innocent man's life depends upon our ravelling it out.'

"Barnes lifted his shoulders helplessly, and took another sandwich. 'I

don't see what we can do.'

"'Nor I, very clearly. But we must start from the commencement, and go

over the ground inch by inch.'

"So wrapped up was I in the case by this time, that I could not fix

my mind to anything else. Then and there I went out and set about my

inquiries.

"With some trouble I found the compartment in which the tragedy had

taken place, but learnt nothing new from it. The station and the

railway people at Addison Road, Kensington, were similarly drawn blank.

The ticket inspector at Shaftesbury Road, who distinctly remembered

Guide's passage, at first seemed inclined to tell me nothing new, till

I dragged it out of him by a regular emetic of questioning.

"Then he did remember that Guide had been carrying in his hand a

carpenter's straw bass, as he passed through the wicket. He did not

recollect whether he had mentioned this to the police: didn't see that

it mattered.

"I thought differently, and with a new vague hope in my heart, posted

back to the prison. I had heard no word of this hand-baggage from

Guide. It remained to be seen what he had done with it.

"They remembered me from my previous visit, and let me in to the

prisoner without much demur. Guide owned up to the basket at once.

'Yes,' he said, 'I had some few odd tools to carry from home, and as

I couldn't find anything else handy to put them in I used the old

carpenter's bass. I had an iron eye to splice on to the end of a

windlass rope, a job that I like to do myself, to make sure it's done

safe. I never thought about telling you of that bass before, sir. I

didn't see as how it mattered.'

"'Where is the bass now?'

"'In the Left Luggage Office at Shaftesbury Road Station. Name of

Hopkins. I've lost the ticket.'

"'Where did you put your basket on entering the carriage at Addison

Road?'

"'On the seat, sir, in the corner by the window.'

"And with that I left him.

"'Now,' thought I, 'I believe I can find out whether you murdered

Walker or not,' and drove back to Hammersmith.

[Illustration: "A DISCOLORATION WHICH I KNEW TO BE DRIED HUMAN BLOOD."]

"I inquired at the cloak-room. Yes, the carpenter's bass was there,

beneath a dusty heap of other unclaimed luggage. There was demurrage

to pay on it, which I offered promptly to hand over, but as I could

produce no counterfoil bearing the name of Hopkins, the clerk, with a

smile, said that he could not let me have it. However, when he heard

what I wanted, he made no objection to my having an overhaul.

"The two lugs of the bass were threaded together with a hammer. I took

this away, and opened the sides. Within was a ball of marline, another

of spun-yarn, a grease-pot, and several large iron eyes. Also a large

marline-spike. It was this last that fixed my attention. It was brand

new, with a bone handle and a bright brass ferrule. Most of the iron

also was bright, but three inches of the point were stained with a

faint dark brown. From a casual inspection I should have put this down

to the marline-spike having been last used to make a splice on tarred

rope; but now my suspicions made me think of something else.

"I raised the stained point to my nose. There was no smell of tar

whatever. On the bright part there was the indefinable odour of iron;

at the tip, that thin coat of dark brown varnish had blotted this scent

completely away.

"I think my fingers trembled when I turned to the bass again.

"Yes, there, opposite to where the point of the marline-spike had been

lying--it was tilted up over the ball of spun-yarn--was a closed-up

gash in the side of the bass. The spike had passed through there, and

then been withdrawn. Round the gash was a dim discoloration which I

knew to be dried human blood.

"In my mind's eye I saw the whole ghastly accident clearly enough now.

The two men had been standing up, struggling. Guide had gone down under

a blow, knocked senseless, and Walker had stumbled over him. Pitching

forward, face downwards, on to the seat before he could recover, his

head had dashed violently against the carpenter's bass. The sharp

marline-spike inside, with its heel resting against the solid wall of

the carriage, had entered the top of his skull like a bayonet. No human

hand had been raised against him, and yet he had been killed.

"I kept my own particular ramblings in this case remarkably quiet, and

in court led up to my facts through ordinary cross-examination.

"At the proper psychological moment I called attention to the shape of

the puncture in Walker's skull, and then dramatically sprang the bass

and the marline-spike upon them unawares. After that, as the papers put

it, 'there was applause in court, which was instantly suppressed.'"

"Oh, the conceit of the man," said O'Malley, laughing.

Grayson laughed too. "Well," he said, "I was younger then, and I

suppose I was a trifle conceited. The Crown didn't throw up. But the

jury chucked us a 'Not guilty' without leaving the box, and then

leading counsel for the other side came across and congratulated me

on having saved Guide from the gallows. 'Now I'd have bet anything on

hanging that man,' said he."

[Illustration: "I'D HAVE BET ANYTHING ON HANGING THAT MAN."]

SOME INCRIMINATING DOCUMENTS.

FACSIMILES OF FATAL WRITINGS.

Incrimination by handwriting, if not as old as crime itself, is at

least, in all probability, as old as the art of writing. Whenever there

exists a manual record of a misdeed, there is naturally always the risk

of betrayal. In truth, there could be no safer motto for the criminal

than the words of Napoleon to Fouché: "Certain people should _never

write_; pen and ink are sure to undo them."

An illustrious example of incrimination by document has been recently

furnished to the world by the Dreyfus case, with its subsequent

complications, so that the present consideration of documents which

have played an equally strong part in bringing evil-doers to justice

cannot fail to be most interesting.

The public have, probably, not yet forgotten the unique circumstances

of the Whalley will case.

[Illustration: FAMOUS FORGED WILL.]

[Illustration: DIARY WHICH LED TO THE SCAFFOLD]

[Illustration: SIGNATURE OF THE REAL SIR ROGER.]

[Illustration: SIGNATURE OF THE CLAIMANT.]

It appears that sixteen or seventeen years ago an elderly gentleman

named James Whalley was living at Leominster. He passed his days at the

home of a man named Thomas, a petty municipal functionary, leading a

decidedly frugal, not to say miserly, life. Whalley had two children,

Emma and Henry Whalley Priestman, whom he educated and lived with

until about the year 1877, when he quarrelled with his daughter and

left her and her brother at Hereford, he himself going to live at

Thomas's cottage at Leominster. On the seventh of May 1881, he died,

leaving between fifty and sixty thousand pounds. A will was produced,

bearing the old man's indubitable signature, as well as the signature

of witnesses, in which the bulk of the fortune was left to Thomas, the

son being cut off with £5,000. Everything seemed plain and above-board,

but certain circumstances were suspicious, and the document was

contested. This famous will, of which a photograph has been specially

taken for the present article, was brought into court and submitted to

the scrutiny of experts, accustomed to detect the most minute flaws

in the work of the cleverest forger. They were obliged to give it

as their opinion that the signatures were all genuine--the document

itself being in the hand of one of the attesting witnesses. But when

it came to examining the will carefully as a whole, it was found by

one expert that there was cause for suspicion. The attesting clauses

were rather curiously cramped at the side, giving from their position

the idea to the expert's mind that they had been added subsequently,

with a view to accommodating the signature. The signature itself,

too, had a date under it, a peculiarity of the testator's in writing

a letter, but never found elsewhere. The lines varied, too, as though

the writer had begun in the belief that there had been ample room.

Everything now seemed to point to the fact of a will written over and

around a signature, and not to a signature naturally written at the

bottom of a will. Meanwhile, there had appeared in different parts of

the paper certain odd marks and formations. Early in the inquiry the

will had been glazed and framed; and now left to itself the paper, as

it were, began to speak and declare itself other than what it seemed.

Soon these marks and formations took the shape of words and fragments

of words, and by a powerful magnifying glass could even be read. It

was now sufficiently clear for the expert to declare that these were

hollows and shades caused by pencil marks made by one of the attesting

witnesses and principal legatee, and afterwards rubbed out.

[Illustration: MURDERER'S OFFER TO ACT AS DETECTIVE.]

It is a well-known fact, in connection with palimpsests, that time

will often recall a writing long believed to have been obliterated.

Erase the writing as carefully as is possible, till all trace of

pencil or pen has vanished, yet with most kinds of paper one will

really only have erased the immediate marks of the plumbago or ink.

The indentations on the paper will remain, merely filled up with

the dust and surface of the material rubbed over them. This is what

occurred here. The testator, it was proved at the subsequent trial,

believing himself to be _in extremis_, desired the presence of his son.

At his request the principal legatee had written for him the letter,

taking the precaution of writing it in pencil--being equally careful,

at the same time, that the signature should be in ink. The rest of

the proceeding was simple: the pencil was rubbed out, and over the

signature the will was written. It was proved that the will in which he

left almost the whole of his property to his son was done away with,

and Thomas and Nash were convicted.

The next document we present was produced by the public prosecutor in

court at the trial of William Palmer, the poisoner, in 1856. It is

a page from a diary discovered by the police among the guilty man's

effects at Rugeley. In this diary each of Palmer's numerous murders

was chronicled, together with most of the details of his personal

association with his victims, of whom John Parsons Cook was the last.

Having denied that he had been with Cook on the Sunday and Monday in

question, this diary, in the murderer's own handwriting, were other

evidences not forthcoming, convicted him of falsehood--and (on a

post-mortem examination, first of one victim and then another) of

murder. He expiated his crime at length on the scaffold.

[Illustration: LETTER FROM NEILL CREAM THE POISONER.]

But a more celebrated case than either of those we have yet mentioned

was that surrounding the claimant to the Tichborne estates. It is

almost needless to recapitulate the circumstances of this great action,

in which Arthur Orton, a butcher's apprentice, sought to pass himself

off as the long missing Roger Charles Tichborne. But throughout all the

sophistries by which Orton sought to strengthen his case there were

three documents which, in the jury's eyes, annulled all the efforts of

his counsel. These three documents consist of, first, the handwriting

of the real Sir Roger Charles Tichborne; second, of the man who

claimed to be he; and third, of Arthur Orton. A moment's glance, even

by those unpractised in the art of analysing and comparing handwriting,

sufficed to show that the hand which had written the "Arthur Orton"

letter was the same hand that had sent from the Metropolitan Hotel,

Sydney, the affectionate letter to Lady Tichborne. But as to any real

affinity between these letters and the admittedly genuine one signed by

"Roger Charles Tichborne" in 1852, there is none whatever.

There are two cases of recent celebrity which relate to wilful murder,

and in which documents played an important part. Few can have forgotten

the trial and conviction of Thomas Neill Cream. We publish photographs

of papers in the guilty man's handwriting which figured in that case.

This wretched man seems to have murdered his victims in order to

blackmail others for the crime. The first example is a letter to the

deputy-coroner, which reads like the epistle of a madman, but which

sheds considerable light on the methods Cream might adopt; the second

is a specimen of Cream's "backhand," in which he identifies himself

with the family of one of his victims.

[Illustration]

The second of the two cases mentioned is that of James Canham Read.

It will be recalled that in this murder trial a telegram was produced

which clinched the evidence against the prisoner by destroying his

contention of _alibi_. This telegram, which speaks for itself, is now

in the possession of the Scotland Yard authorities.

[Illustration: THE TELEGRAM THAT HANGED JAMES CANHAM READ.]

What we know now as an impudent forgery, but what was then regarded

by many as a terribly incriminating document, is the famous "Parnell

letter," published by the _Times_ in 1888. It would seem that the very

circumstance of the cramped writing at the bottom of the first page

would have aroused suspicion. The signature is, of course, genuine, Mr.

Parnell having written on a sheet of paper, without dreaming what use

was to be made of it by unscrupulous parties.

[Illustration: THE FORGED PARNELL LETTER.]

[Illustration:

A Tiny Shoe.

I.

Only a tiny outworn shoe

Tied with a ribbon that once was blue,

Filled with memories, hopes and fears,

Stealing back from the vanished years.

There it is lying, hidden away--

Where is the other?--who can say;

Odd as it is, and worn and old,

Somebody would not sell it for gold!

Only a little outworn shoe,

Tied with a ribbon that once was blue!

II.

Only a baby footfall light,

Making a dark world glad and bright,

Sweeter music than greatest art

Ever made, to a mother's heart!

Ah, that was twenty years away--

But though she blushed as a bride to-day,

To somebody, smiling her joy-tears through,

She still seemed the wearer of this wee shoe!

Only a little outworn shoe,

Tied with a ribbon that once was blue!]

IAN'S SACRIFICE.

A COMPLETE STORY BY ALICK MUNRO.

_Illustrations by Ralph Peacock._

It was a piece of insular facetiousness on my part which discovered

him; for one of the articles of every Briton's faith is that so long as

he speaks in English he can safely say what he likes to these foreign

beggars. Therefore, as this particular Portuguese had nipped my ticket

every morning for over a week, with never more than a murmured "_Com

licença, senhor_," when he avoided my outstretched legs, I thought our

acquaintance had lasted long enough to warrant my chaffing him--in

English, of course.

"Morning, Pedro!" I remarked, cheerfully, as I handed him my ticket;

"I'm quite getting to like the look of your ugly face, d'you know?"

The ticket-man gave me a quick glance.

"The pleasure is mutual, sir," he replied, quietly, speaking with a

slight Scotch accent; and then, with his usual "_Com licença_," reached

over for the rest of the tickets.

The other fellows, season-ticket holders on that line, burst out

laughing, and before I had time to realise the exact size of fool I'd

made of myself, the man had opened the door, and was making his way

along the foot-board to the next carriage. I jumped to the window and

looked after him, just in time to catch a slight smile on his wooden

face as he disappeared into the compartment.

"Well, I'm blessed!" I remarked to the others. "The fellow understands

English."

"Yes. Most Scotchmen do, you know," was the reply; and I felt smaller

than ever.

"Who is he?" I asked.

The Harmsworth Magazine, Vol. 1, No. 3, 1898-1899 · 第 8 / 11 段