CHAPTER XIV.

THE EXPLOSION

The Magistrates assembled to hear the case were four in number, two

of them being local magnates and personal friends of Sir Calvin, who

was accorded a seat on the Bench. They took their places at eleven

o’clock, the Court being then crowded to its utmost capacity. The case

stood first on the list, and no delay was experienced in opening it.

As before, Mr. Fyler appeared for the police, and Mr. Redstall for Sir

Calvin. The prisoner was undefended.

At the outset of the proceedings a surprise awaited the public. The

prisoner having been brought up from the cells beneath the Court, and

placed in the dock, Sergeant Ridgway asked permission to speak.

Addressing the Bench, he said that since the inquiry before the

Coroner, which had ended, as their Worships were aware, in a verdict

by the jury of wilful murder against the prisoner Louis Victor

Cabanis, facts had come to his knowledge which entirely disposed of

the theory of the prosecution, proving, as they did, an unquestionable

_alibi_ in the prisoner’s favour. Under these circumstances he

proposed to offer no evidence against the accused, who, with their

Worships’ permission would be discharged.

Smart in aspect, concise in phrase, the detective stood up and made

his avowal, and again, though in an auguster atmosphere, with a marked

impression upon his hearers. Some of them had already encountered him,

no doubt, and were prepared to concede to his every statement the

force and value of an official fiat.

“Very well, Sergeant,” was the reply, while the public wondered if

they were going to be defrauded of their feast of sensation, or if

some spicier substitute were about to be placed before them. They were

not kept long in suspense.

Following the Sergeant’s declaration, brief evidence was given by

Andrew Marle, shepherd, and Nicholas Penny, thatcher. The former

deposed that on the afternoon in question he was setting hurdles on

the uplands above Leighway, at a point about three miles north-east of

Wildshott Park as the crow flies, when he saw prisoner. That was as

near three o’clock as might be. Prisoner had stood watching him for a

few minutes while exchanging a remark or two, and had then gone on in

a northerly direction.

Penny gave evidence that, on the same afternoon, at three-thirty, he

was working in the garden of his cottage at Milldown, two miles beyond

the point mentioned by the last witness, when prisoner came by and

asked him the time. He gave it him, and the prisoner thanked him and

continued his way, still bearing north by east until he was out of

sight. He was going leisurely, both witnesses affirmed, and there

appeared nothing peculiar about him except his foreign looks and

speech. Neither had the slightest hesitation in identifying the

prisoner with the man they had seen. There was no possibility of

mistaking him.

This evidence, said the detective, addressing the justices again at

the end of it, precluded any idea of the prisoner’s being the guilty

party, the case for the prosecution holding that the murder was

committed at some time between three and four o’clock in the

afternoon. At three o’clock the accused was proved to have been at a

spot good three miles away from the scene of the crime, and again at

3.30 at a spot five miles away, representing a distance which, even on

an extravagant estimate, he could hardly have covered within the

period remaining to him if the theory of the prosecution was to be

substantiated. There was no case, in fact, and the prosecution

therefore withdrew the charge.

A magistrate put the question somewhat extrajudicially, why had he not

pleaded this _alibi_ in the first instance. The accused, who appeared

overwhelmed by the change in his situation, was understood to say,

with much emotion and gesticulation, that he had not been advised, nor

had he supposed that the deposition of a prisoner himself would count

for anything, and, moreover, that he had been so bewildered by the

labyrinth of suspicion in which he had got himself involved, that it

had seemed hopeless to him to think of ever extricating himself from

it. He seemed a simple soul, and the justices smiled, with some

insular superiority, over his naïve declaration. He was then given to

understand that he was discharged and might go, and with a joyous

expression he stepped from the dock and vanished like a jocund goblin

down the official trap.

Counsel for the prosecution then rose, and stated that, the charge

against Cabanis being withdrawn, it was proposed to put in his place

Samuel Cleghorn, against whom, although no definite charge had as yet

been preferred by the police, a _prima facie_ case existed. His

examination, and the examination of the witnesses concerned, would

probably prove a lengthy affair, and he asked therefore that the case

might be taken next on the list. The justices concurring, Samuel

Cleghorn was brought up from the cells, and stood to undergo his

examination.

Confinement and anxiety, it was evident, had told upon the prisoner,

whose aspect since the Inquest had undergone a noticeable change. He

looked limp and deteriorated, like a worn banknote, and his lips were

tremulous. Respectability in a sidesman caught pilfering from the

plate could not have appeared more self-conscious of its fall. He

bowed deferentially to the Bench, with a slight start on seeing his

master seated there, and, making some ineffectual effort to appear at

ease, clasped his plump white hands before him and fixed a glassy eye

on the wall. The public, reassured, settled down, like a music-hall

audience to a new exciting “turn,” the Bench assumed its most judicial

expression, and Counsel, adjusting its wig for the fray, proceeded to

open the case.

It is not proposed to recapitulate _in extenso_ the evidence already

given. In bulk and essentials the two hardly differed, the only marked

changes being in the order of the witnesses examined, and in the

absence from their list of the Baron Le Sage, who, however, inasmuch

as his sole use had been to testify to the character of his servant,

was no longer needed. There was the same reference to the insuperable

difficulty--experienced and still unsurmounted--in tracing out the

deceased’s connexions, the same statement by Sergeant Ridgway as to

the fruitlessness of the measures taken, and the same request that, in

default of further information, such evidence of identification as was

at present available should be provisionally accepted. The Bench

agreed, the detective sat down, and Counsel rose once more, this time

with a formidable eye to business.

Mr. Fyler began by reconstructing, so far as was possible, the history

of the crime from the evidence already adduced, into the particulars

of which it is unnecessary to follow him. In summarising the known

facts, he made no especial point, it was observed, of bringing them to

bear on the presumptive guilt of the prisoner, but used him rather as

a convenient model or framework about which to shape his story.

Indeed, when he sat down again, it might have been given as even odds

whether the conviction or acquittal of the accused man was the thing

foreshadowed. And what then? After two attempts, was the whole

business to end in a fiasco? Incredible! Some one must have killed

the girl. The very atmosphere of the Court, moreover, fateful,

ominous--derided such a conclusion. “Attend and wait!” it seemed to

whisper.

Counsel was no sooner down than he was up again, and calling now upon

his witnesses to appear. They came one by one, as summoned--Mrs.

Bingley, Jane Ketchlove, Jessie Ellis, Kate Vokes, Mabel Wheelband;

and there the order was broken. The examination of these five was in

all essentials a replica of that conducted at the Inquest, but, to the

observant, with one significant note added. For the first time Counsel

showed, as it were, a corner of the card up his sleeve by suggesting

tentatively, insinuatively, _à propos_ the question of a guilty

intrigue, that one or other of them might possibly have her suspicions

as to the identity of the second party implicated in it. The hint was

disowned as soon as rejected; but it had left a curious impression

here and there of more to come, of its having only been proffered to

open and prepare the way to evidence, the stronger, perhaps, for some

such moral corroboration. Not one of the women, however, would own to

the subtle impeachment, and the question for the moment was dropped.

But it was dropped only tactically, in accordance with a pre-arranged

plan, as became increasingly apparent with the choice of the next

witness. This was Dr. Harding, who had made the _post-mortem_

examination, and whose evidence repeated exactly what he had formerly

stated. It added, moreover, a detail which, touching upon a question

of time, showed yet a little more plainly which way the wind was

setting; and it included an admission, or correction, no less

suggestive in its import. The question was asked witness: “At the

Inquest you stated, I believe, that death must have occurred at 3.30

o’clock, or thereabouts. Is that so?”

_A._ I said “approximately,” judging by the indications.

_Q._ Just so. I am aware that, in these cases, a certain latitude must

be granted. It might then, in fact, have occurred somewhat earlier or

somewhat later?

_A._ Yes. By preference, somewhat earlier.

_Q._ How much earlier?

Witness, refusing to submit to any brow-beating on the question,

finally, at the end of a highly technical disputation, conceded a half

hour as the extreme limit of his approximation; and with that the

matter ended. As he stepped from the box the name of a new witness--a

witness not formerly included in the inquiry--was called, and public

interest, already deeply stimulated, grew intensified.

Margaret Hopkins, widow, deposed on oath. She was landlady of the

Brewer’s Dray inn at Longbridge. The inn was situated to the east of

the town and a little outside it on the Winton Road. One afternoon,

about five weeks ago, a lady and gentleman had called at her inn,

wanting tea, and a private room to drink it in. They were shown up to

a chamber on the first floor, where the gentleman ordered a fire to be

lighted. Tea was brought them by witness herself, and they had

remained there shut in a long time together--a couple of hours

perhaps. They were very affectionate with one another, and had gone

away, when they did go, very lovingly arm in arm. The gentleman was

Mr. Hugo Kennett, whom she now saw in Court, and whom she had

recognised for the male stranger at once. The name of the lady

accompanying him she had had no means of ascertaining, but her

companion had addressed her as Annie.

Mr. Redstall, rising to cross-examine witness, put the following

questions:--

_Q._ Will you swear to Mr. Kennett having been the gentleman in

question?

_A._ Yes, on my oath, sir.

_Q._ You already knew Mr. Kennett by sight, eh?

_A._ No, I did not, sir. I had never seen him before, and have never

seen him since till to-day. I hadn’t been settled in Longbridge not a

two-month at the time he come.

_Q._ You say the two appeared to be on affectionate terms. On

companionable terms would perhaps be the truer expression, eh?

_A._ As you choose, sir, if that means behaving like lovers together.

(_Laughter._)

_Q._ What do you mean by like lovers? They would hardly have made a

display of their sentiments before you.

_A._ Not intentional perhaps, sir; but I come upon them unexpected

when I brought in the tea; and there they was a’sitting on the sofy

together, as close and as fond as two turtle-doves. (_Laughter._)

Mrs. Bingley, recalled, reluctantly admitted having given deceased an

afternoon off about the date in question. The girl had returned to the

house before six o’clock.

Reuben Henstridge called, repeated his evidence given on the day of

the Inquest, omitting only, or abridging, such parts of it as bore on

the movements of the Frenchman, and excluding altogether--by tacit

consent, it seemed--those references to the butler’s approach which

had brought such a confusion of cross-questioning about his ears. The

following bodeful catechism then ensued:--

_Q._ You say it was ten minutes past two when you saw Cabanis break

from the copse and go down towards the road?

_A._ Aye.

_Q._ And that, having hung about after seeing him, you eventually

returned to the Red Deer inn, reaching it at about 3.30?

_A._ That’s it.

_Q._ At what time did you start to return to the inn?

_A._ Three o’clock, or a bit after.

_Q._ What had you been doing in the interval?

_A._ (_Sulkily._) That’s my business.

_Q._ I ask you again. You had better answer.

_A._ (_After a scowling pause._) Setting snares, then. (_Defiantly._)

Weren’t it the open downs?

_Q._ I’m not entering into that question. We’ll assume, if you like,

that the downs and your behaviour were equally open. You were setting

snares, that’s enough. Did anything suddenly occur to interrupt you at

your task?

_A._ Yes, it did.

_Q._ What was that?

_A._ The sound of a gun going off.

_Q._ From what direction?

_A._ From down among the trees near the road.

_Q._ Quite so. Now will you tell the Bench exactly what time it was

when you heard that sound?

_A._ The time when I started to go home.

_Q._ About three o’clock or a little after?

_A._ That’s it.

_Q._ You state that on your oath?

_A._ Yes, I do.

It was as if a conscious tremor, like the excitement of many hearts

leaping in unison, passed through the Court, dimly foretelling some

approaching crisis. The examination was resumed:--

_Q._ What makes you so certain of the time?

_A._ The stable clock had just gone three.

_Q._ And, following on the sound of the gun, you left your

snare-setting and made for home?

_A._ Aye.

_Q._ For what reason?

_A._ Because I thought they might be working round my way.

_Q._ Whom do you mean by “they”?

_A._ The party as was out shooting. I made sure at first it come from

them.

_Q._ What made you alter your opinion?

_A._ I see them, as I went up the hill, afar off nigh Asholt wood.

_Q._ Now, tell me: why didn’t you mention all this at the Inquest?

_A._ Because I weren’t asked.

_Q._ Or was it because you feared having to confess to what made you

bolt, and from what occupation, when the shot startled you? (_No

answer._) Very well. Now attend to this. You have heard it propounded,

or assumed, that the murder took place some time between 3.15 and 4

o’clock. Do you still adhere to your statement that it was just after

three when you heard the sound of the gun?

_A._ Aye.

_Q._ You are on your oath, remember.

_A._ All right, master.

_Q._ And you adhere to it?

_A._ Yes, I do.

_Q._ That is enough. You can stand down.

A sibilation, a momentary rustling and shuffling, as on the close of

an engrossing sermon when tension is relaxed and the hymn being

prepared for, followed the dismissal of the witness. A few glanced

furtively, hardly realizing yet why they were moved to do so, at a

rigid soldierly figure, seated upright and motionless beside the

justices on the Bench. But the sense of curious perplexity was hardly

theirs when the next witness was claiming their attention. This was

Daniel Groome, the gardener, whose evidence, generally a repetition of

what he had formerly stated, was marked by a single amendment, the

significance of which he himself hardly seemed to realize. It appeared

as follows:--

_Q._ You stated before the Coroner that this louder shot heard by you

occurred at a time which you roughly estimated to be anything between

three and half-past three o’clock. Is that so?

_A._ No, sir.

_Q._ What do you mean by “no”?

_A._ I’ve thought it over since, sir, and I’ve come to the conclusion

that my first impression was nearer the correct one.

_Q._ Your impression, that is to say, that the shot was fired somewhat

about three o’clock?

_A._ Yes, sir.

_Q._ What is your reason for this change of opinion?

_A._ Because I remembered afterwards, sir, having heard the clock in

the master’s study strike the quarter past. I had gone round by then

to the back of the house.

_Q._ And you had heard the shot fired while at the front?

_A._ Yes, sir.

This witness was stiffly cross-examined by Mr. Redstall, who sought

to shake his evidence on the grounds that he was, consciously or

unconsciously, seeking to adapt it to what was expected of him. But

the poor fellow’s honesty was so transparent, and his incomprehension

of the gravity of his statement so ingenuous, that the only result of

his harrying was to increase the impression of his disinterested

probity. He said what he believed to be the truth, and he adhered to

it.

He went, and the usher, tapping with his wand on the floor, called in

a loud voice on Vivian Bickerdike to appear and give evidence.

A famous writer has asserted that there are two kinds of witness to

whom lawyers take particular exception, the reluctant witness and the

too-willing witness. To these may be added a third, the anxious

witness, who, being oppressed with a sense of responsibility of his

position, fears at once to say too much or too little, and ends by

saying both. Bickerdike entered the box an acutely anxious witness.

The trend of some recent evidence had left him in no doubt as to the

lines on which his own examination was destined to run, and he foresaw

at once the use to which a certain conversation of his with the

detective was going to be put. Now it was all very well to hold the

Sergeant guilty in this of a gross breach of confidence, but his

conscience would not thereby allow him to maintain himself blameless

in the matter. He should have known quite well, being no fool, that a

detective did not ask questions or invite communications from a purely

altruistic point of view, and that the apparent transparency of such a

man’s sentiments was the least indication of their depth. By

permitting pique a little to obscure that fact to him he had done his

friend--for whom he had a real, very warm regard--a disservice, to

which he had now, in that friend’s hearing, to confess. So far, then,

it only remained to him to endeavour to repair, through his sworn

evidence, the mischief to which he had made himself a party.

But could any reparation stultify now a certain issue, to which--he

had seen it suddenly, aghast--that too-open candour of his had been

seduced into contributing? What horrible thing was it which was being

approached, threatened, in the shadow of his friend’s secret? The

thing was monstrous, damnable; yet he could not forget how it had

appeared momentarily adumbrated to himself on his first hearing of the

murder. But he had rejected the thought with incredulous scorn then,

as he would reject it now. Of whatever sinful weakness Hugh might be

capable, a crime so detestable, so cruel, was utterly impossible to

him. He swore it in his heart; but his faith could not relieve him of

the weight of responsibility which went with him into the witness box.

It was like a physical oppression, and he seemed to bend under it.

Counsel took the witness’s measure with a rolling relish of the lips,

as he prepared, giving a satisfied shift to his gown, to open his

inquisitions:--

_Q._ You are on very intimate terms, I believe, Mr. Bickerdike, with

Sir Calvin and his family?

_A._ With Sir Calvin’s permission, I think I may say yes.

_Q._ You have seen the prisoner before?

_A._ Many times.

_Q._ Could you, as a guest, speak to his general character?

_A._ It has always appeared to me quite unexceptionable.

_Q._ Not a violent man?

_A._ O! dear, no.

_Q._ At dinner, on the night before the murder, did you notice

anything peculiar about him?

_A._ He appeared to me to be upset about something.

_Q._ And you wondered, perhaps--having only arrived that afternoon, as

I understand--what domestic tribulation could have discomposed so

stately a character? (_Laughter._)

_A._ I may have. I had always considered Cleghorn as immovable an

institution as the Monument.

The laughter which greeted this sally appeared to reassure witness

somewhat, as did the unexpected lines on which his rather irregular

examination seemed to be developing. But his confidence was of short

duration. The very next question brought him aware of the true purpose

of this preliminary catechism, which was merely to constitute a

pretext for getting him into the witness-box at all.

_Q._ Was your arrival that afternoon, may I ask, in response to a long

invitation or a sudden call?

_A._ (_With a sudden stiffening of his shoulders, as if rallying his

energies to meet an ordeal foreseen._) A sudden call. I came down in

response to a letter from my friend Mr. Hugo Kennett, inviting me to a

few days’ shooting.

_Q._ Mr. Hugo Kennett is a particular friend of yours, is he not?

_A._ We have known one another a long time.

_Q._ Intimate to that degree, I mean, that you have few secrets from

one another?

_A._ That may be.

_Q._ And can depend upon one another in any emergency?

_A._ I hope so.

_Q._ There was a question of emergency, perhaps, in this case?

_A._ I am bound to say there often is with Mr. Kennett.

_Q._ Will you explain what you mean by that?

_A._ I mean--I hope he will forgive my saying it--that his imagination

is a little wont to create emergencies which nothing but his friends’

immediate advice and assistance can overcome. He is apt to be in the

depths one moment and on the heights the next. He is built that way,

that’s all.

_Q._ Was this a case of an emergency due to his imagination?

_A._ I won’t go quite so far as to say that.

_Q._ Then there was really a reason this time for his having you down

at short notice?

_A._ I may have thought so.

_Q._ We will come to that. Had he mentioned the reason in his letter

to you?

_A._ No. The letter only said that he badly wanted “bucking,” and

asked me to come down at once.

_Q._ He gave no explanation?

_A._ None whatever.

_Q._ In the letter, or afterwards when you met?

_A._ No.

_Q._ You found him in an uncommunicative mood?

_A._ Somewhat.

_Q._ Kindly say what you mean by “somewhat.”

_A._ I mean that, while he told me nothing definite about his reason

for having me down, he did seem to hint that there was trouble

somewhere.

_Q._ What were his exact words?

_A._ I can’t remember.

_Q._ Were they to the effect that he was in a devil of a fix with a

girl, and could only see one way out of it? (_Sensation._)

_A._ (_Aghast._) Nothing of the sort. Now I recall, he described

himself as sitting on a barrel of gunpowder, smoking a cigarette and

waiting for the explosion that was to come.

_Q._ Thank you. Another effort or two, Mr. Bickerdike, and your

memory may need no refreshing. Did you find your friend’s manner,

now, as strange as his talk?

_A._ It might often have seemed strange on such occasions to those who

did not know him.

_Q._ Answer my question, please.

_A._ (_Reluctantly._) Well, it was strange.

_Q._ Stranger than you had ever known it to be before?

_A._ Perhaps so.

_Q._ I suggest that it was wild and reckless to a degree--the manner

of a man who had got himself into a hopeless scrape, and saw no way

out of it but social and material ruin?

_A._ It was very strange: I can say no more.

_Q._ Would you have considered his state compatible with that of a

young man of good position and prospects, who had entangled himself

with a girl greatly his social inferior, and was threatened by her

with exposure unless he, in the common phrase, made an honest woman of

her?

Mr. Redstall rising to object, the Bench ruled that the question was

inadmissible. It had created, however, a profound impression in Court,

which from that moment never abated. Counsel, accepting their

worships’ decision, resumed:--

_Q._ Had you any reason to suspect a woman in the case?

_A._ It was pure conjecture on my part.

_Q._ Then you _did_ entertain such a suspicion?

_A._ Not at that time. Later perhaps.

_Q._ After the murder?

_A._ Yes, after the murder.

_Q._ When?

_A._ The moment I heard it had been committed. I was told by a groom.

_Q._ About the woman or the murder?

_A._ About the murder.

_Q._ When was that?

_A._ When I returned from shooting that day.

_Q._ You returned alone, I believe?

_A._ Yes.

_Q._ Mr. Kennett having left you shortly before three o’clock?

_A._ I fancy about that time.

_Q._ And at the moment you heard there had been this murder committed,

that conjecture, that association between your friend and the murdered

girl came into your mind?

_A._ It was wholly preposterous, of course. I dismissed the idea the

moment it occurred to me.

_Q._ You dismissed the idea of Mr. Kennett’s having been involved with

the girl?

_A._ No, of his having committed the murder. (_Sensation._)

_Q._ But you still thought the entanglement possible?

_A._ I thought it might account for his state.

_Q._ Why did the first idea, associating Mr. Kennett with the crime,

occur to you? (_Witness hesitating, the question was repeated._)

_A._ (_In a low voice._) O! just because of something--nothing

important--that had happened at the shoot--that, and the extraordinary

state I had found him in.

_Q._ Will you tell the Bench what was this unimportant something that

happened at the shoot?

_A._ (_With emotion._) It was nothing--probably my fancy--and he

denied it utterly.

_Q._ Now, Mr. Bickerdike, if you please?

_A._ I thought that in--in pulling his gun through a particular hedge

that morning, he might have done it with less risk to himself, that

was all.

_Q._ You suspected him, in short, of wanting to kill himself under the

guise of an accident?

_A._ I swear he never admitted it. I swear he denied it.

_Q._ And you accepted his denial so implicitly that you asked him to

go home, leaving his gun with the keeper. Is that not so?

_A._ Yes.

_Q._ He refused?

_A._ Yes, he did.

_Q._ Did not much the same thing occur again, later in the afternoon?

_A._ Nothing of the sort at all. Shortly before three he came to me,

and said he was no good and was going home.

_Q._ What did he mean by “no good”? No good in life?

_A._ No good at shooting.

_Q._ And again you asked him to leave his gun with you?

_A._ No, I did not--not directly, at least.

_Q._ Please explain what you mean by “not directly”?

_A._ He may have understood what was in my mind. I can’t say. He just

laughed, and called out that he wasn’t going to shoot himself, and

wasn’t going to let me make an ass of him; and with that he marched

off.

_Q._ And that is all?

_A._ All.

_Q._ He didn’t, by chance, in saying “I’m not going to shoot

_myself_,” lay any particular emphasis on the last word?

_A._ Certainly not that I distinguished. The whole suggestion is too

impossible to any one who knows my friend.

_Q._ Thank you, Mr. Bickerdike. That will do.

If witness had entered the box like an oppressed man, he left it like

a beaten. His cheeks were flushed, his head bowed; it was observed

that he purposely avoided looking his friend in the face as he passed

him by on his way to the rear of the Court.

The excitement was now extreme. All attention, in the midst of a

profound stillness, was concentrated on a figure come more and more,

with each adjustment of the legal spy-glass, into a definite focus.

It was felt that the supreme moment was approaching; and, when the

expected name was called, a sigh like that of a sleeper turning seemed

to sound through the hall. The prisoner in the dock had already long

been overlooked--forgotten. He had been put up, it seemed, as a mere

medium for this deadlier manifestation, and his purpose served, had

ceased to be of interest. He stood pallid with his hands on the rail

before him, rolling his one mobile eye, the only apparently mystified

man in Court.

As Hugo entered the box, he was seen to be deadly pale, but he held

his head high, and stood like a soldier, morally and physically

upright, facing his court-martial. He folded his arms, and looked his

inquisitor steadily in the eyes. Mr. Fyler retorted with an expression

of well-assured suavity. He was in no hurry. Having netted his fowl,

he could afford to let him flutter awhile. He began by leading his

witness, only more briefly, the way he had already conducted him at

the Inquest, but with what new menace of pitfalls by the road! The

discovery of the body; the incident of the gun (prejudiced now in the

light of the possible moral to be drawn from witness’s hurry to get

rid of it, and his loathing of the weapon), the marked agitation of

his aspect when seen by the gardener; the interval in the house, with

its suggestion of nervous collapse and desperate rallying to face the

inevitable ordeal; that significant outburst of his at the Inquest,

when he had exclaimed against an implication of guilt which had never

been made; his admission of having bantered the deceased about an

assignation--an admission fraught with suspicion of the scene of

passion and recrimination which had perhaps more truthfully described

their encounter--all these points were retraversed, but in a spirit

ominously differing from that in which they had formerly been

reviewed. And then at last, in a series of swift stabbing questions

and hypotheses, issued the mortal moral of all this sinister

exordium:--

_Q._ You chaffed the deceased, you say, sir, with being where she was

for an assignation?

_A._ Something of the sort.

_Q._ Something of the sort may be nothing of the sort. I suggest that

this so-called chaff is better described as a quarrel between you.

Will you swear that that was not the case?

_A._ No, I will not.

_Q._ Then your statement was a fabrication?

_A._ I accused her of being there to meet some one.

_Q._ You accused her. I am your debtor for the word. Will you swear

that she was not there to keep an assignation, and that assignation

with yourself?

_A._ I swear it most positively. Our meeting was quite accidental.

_Q._ On your part?

_A._ On my part.

_Q._ But not on hers?

_A._ I am not here to answer for that.

_Q._ Pardon me; I think you are. I suggest that, expecting you to

return by the Bishop’s Walk, she was waiting there to waylay you?

_A._ She might have been, on the chance.

_Q._ I suggest you knew that she was?

_A._ I say I did not know.

_Q._ Well, you took that way at least, and you met and quarrelled. I

suggest that the person you accused her of being there to meet was

yourself, and that the dispute between you turned upon the question of

her thus importuning you? Is that so?

_A._ (_After a pause._) Yes.

_Q._ And I suggest further that the reason for her so importuning you

lay in her condition, for which you were responsible?

_A._ Yes. It is true. (_Sensation._)

_Q._ She entreated you, perhaps, to repair the wrong you had done her

in the only way possible to an honourable man?

_A._ (_Witness seeming to stiffen, as if resolved to face the whole

music at last._) She had already urged that; she pressed to know, that

was all, if I had made up my mind to marry her. I refused to give a

definite answer just then, since my whole career was at stake; but I

promised her one within twenty-four hours. I was very much bothered

over the business, and I dare say a bit impatient with her. She may

have upbraided me a little in return, but there was no actual quarrel

between us. I went on after a few minutes, leaving her there by

herself. And that is the whole truth.

_Q._ We will judge of that. You say the meeting was none of your

seeking?

_A._ I do say it.

_Q._ Now, please attend to me. You were on your way back, when you met

deceased, from the shooting party which you had abandoned?

_A._ Yes.

_Q._ You have heard what the last witness stated as to a certain

incident connected with that morning. Was his statement substantially

true?

_A._ I can’t deny it. It was a momentary mad impulse.

_Q._ And, being forestalled, was replaced possibly by an alternative

suggestion, pointing to another way out of your difficulties?

_A._ I don’t know what you mean. It was just the culmination, as it

were, of a desperate mood, and was regretted by me the next instant.

_Q._ Was it because of your desperate mood that you refused to be

parted from your gun when you finally left the shoot and returned

home?

_A._ No; but because I declined to be made to look a fool.

_Q._ I put it to you once more that you knew, when you went home,

carrying against all persuasion, your gun with you, that the deceased

would be waiting for you in the copse?

_A._ It is utterly false. I knew nothing about it.

_Q._ Very well. Now, as to the time of your meeting with the deceased.

I have it stated on your sworn evidence that that was at three o’clock

or thereabouts, and that after spending some ten minutes in

conversation with her, you resumed your way to the house, which you

reached at about 3.15, appearing then, according to the evidence of a

witness, in a very agitated state.

_A._ I was upset, I own--naturally, under the circumstances.

_Q._ What circumstances?

_A._ Having just promised to do or not to do what would affect my

whole life.

_Q._ No other reason?

_A._ No.

_Q._ Did you hear the sworn statement of the witness Henstridge and

another that the report of the shot, which could have been none other

than the fatal shot, was heard and fixed by them at a time estimated

at a few minutes after three o’clock, that is to say, at a time when,

according to your own admission, you were in the deceased’s company?

_A._ It is an absolute lie.

The crisis had come, the long-expected blow fallen; but, even in the

shock and echo of it, there were some who found nerve to glance from

son to father, and wonder what super-dramatic incident yet remained to

them to cap the day’s excitement. They were disappointed. Not by one

sign or movement did the stiff grey figure on the Bench betray the

torture racking it, or concede to their expectations the evidence of

an emotion--not even when, as if in response to some outspoken

direction, a couple of policemen were seen to move silently forward,

and take their stand on either side the witness box. And then,

suddenly, Counsel was speaking again.

He addressed the Bench with an apology for the course imposed upon

him, since it must have become apparent, as the case proceeded, that

the tendency of the prosecution had been to turn more and more from

its nominal objective in the dock. There had been a reason for that,

however, and he must state it. The inquiries of the police, and more

especially of the distinguished detective officer, Sergeant Ridgway,

had latterly, gradually but certainly, led them to the conclusion that

the motive for the crime, and the name of its perpetrator, must be

looked for in another direction than that originally, and seemingly

inevitably, indicated. This change of direction had necessarily

exculpated the two men concerned in to-day’s proceedings; but it had

been thought best to submit one of them to examination for the purpose

of exposing through the evidence affecting him the guilt of the

presumptive criminal. That having been done, the police raised no

objection to Cleghorn, like the other accused, being discharged.

He then went on to summarize the evidence, as it had come, by gradual

degrees, to involve the witness Kennett in its meshes--the scrape into

which the young man had got himself, his dread of exposure, the

wildness of his talk and behaviour, the incriminating business of the

gun, and, finally, the sworn testimony as to the time of the shot--and

he ended by drawing a fanciful picture of what had occurred in the

copse.

“I ask your worships,” he said, “to picture to yourselves the probable

scene. Here has this young Lothario returned, his heart full of death

and desperation since the frustration of his first mad impulse to end

his difficulties with his life, knowing, or not knowing--we must form

our own conclusions as to that--that his destined victim awaits him at

the tryst--if tryst it is--_her_ heart burning with bitterness against

the seducer who has betrayed her; each resolved on its own way out of

the trouble. She upbraids him with her ruin, and threatens in her turn

to ruin him, unless he consents to right the wrong he has done her. He

refuses, or temporizes; and she turns to leave him. Thinking she is

about to put her threat into immediate execution, goaded to

desperation, the gun in his hand--only tentatively adhered to at

first, perhaps--decides him. He fires at and kills her. The deed

perpetrated, he has to consider, after the first shock of horror, how

best to conceal the evidences of his guilt. He decides to rest the

lethal weapon against a tree (with the intention of asserting--or, at

least, not denying, if subsequently questioned--that he had left it

with one of its barrels loaded), concocts in his mind a plausible

story of a cigarette and an oversight, and hurries on to the house,

where, in his private room, he spends such a three-quarters of an hour

of horror and remorse as none of us need envy him. His nerve by then

somewhat restored, he decides to take the initiative in the necessary

discovery, and, affecting a sudden recollection of his oversight,

returns to the copse to fetch his gun, with the result we know. All

that it is open to us to surmise; what we may not surmise is the depth

of depravity in a nature which could so plan to cast the burden of its

own guilt upon the shoulders of an innocent man.”

One dumb, white look here did the son turn on the father; who met it

steadfastly, as white and unflinching.

“We have heard some loose talk, your worships,” went on Counsel, “as

to the appearance of a mysterious fourth figure in this tragedy. We

may dismiss, I think, that individual as purely chimerical--a maggot,

if I may so describe it, of the witness Henstridge’s brain. There is

no need, I think you will agree with me, for looking beyond this Court

for a solution of the problem which has been occupying its attention.

Painful as the task is to me, I must now do my duty--without fear or

favour in the face of any considerations, social or sentimental,

whatsoever--by asking you to commit for trial, on the capital charge

of murdering Annie Evans, the witness Hugo Staveley Kennett, a warrant

for whose arrest the police already hold in their hands.”

Not a sound broke the stillness as Counsel ended--only a muffled

rumble, like that of a death-drum, from the wheels of a passing wagon

in the street outside. And then the blue-clad janissaries closed in;

the Magistrates, without leaving the Bench, put their heads together,

and the vote was cast.

“Hugo Staveley Kennett, we have no alternative but to commit you to

take your trial on the capital charge.”

A sudden crash and thump broke in upon the verdict. Cleghorn had

fainted in the dock.

The skeleton key · 第 14 / 21 章