CHAPTER LXII.

AT THE MAGISTRATE'S COURT.

There was an unusual bustle in the Bishop Street Police Court on

Friday morning, every person who could gain admittance and every

person in the crowds outside being on the tiptoe of expectation. Mr.

Mallandaine, the magistrate, was in attendance early, and half-a-dozen

minor cases of drunkenness were disposed of by eleven o'clock, before

which time every seat was occupied, and there was not a vacant inch of

standing room. If there had been any intention on the part of Dr. Pye

and Mr. Ezra Lynn not to present themselves it was frustrated by the

vigilance of Detective Lambert, who had stepped outside the boundary

of his duties to secure their attendance. There was not a trace of

discomposure on the countenance of Dr. Pye. In marked contrast to his

composed demeanour was that of Mr. Ezra Lynn, who, while assuming an

air of amused benevolence, was not entirely successful in concealing

his inward agitation. No information had reached him as to whether he

had been subp[oe]naed as a witness for the prosecution or the defence;

he knew that this was irregular, but he did not dare disobey the

summons. No token of recognition passed between him and Dr. Pye,

although Lambert had man[oe]uvred that they should be seated next to

each other. Immediately behind Dr. Pye sat an individual who might

have been French or Italian; his swarthy complexion and curled

moustache proclaimed him to be certainly not an Englishman. He took

his seat, the position of which had also been arranged by Lambert,

after the entrance of Dr. Pye, so that the former, who did not once

turn his head, was not aware of his presence. Mr. Rawdon, the

recalcitrant juror, was within hail, and manifestly as little at ease

as Mr. Ezra Lynn. Near them sat Mrs. Abel Death, worn and haggard with

anxiety, all her efforts to find Gracie having failed. Uncle and Aunt

Rob and Florence were on another bench, and the eyes that rested on

their suffering faces were filled with pity and kindly sympathy; and

near them were seated Lady Wharton and her brother, Lord Fairfax. Mr.

Higgins, in skull cap and list slippers, was also present.

There was scarcely elbow-room at the long narrow table below the

magistrate's chair. Mr. Finnis, Q.C., representing her ladyship, was

there, and Mr. Marlow for the prosecution, and Mr. Pallaret for the

defence, with the solicitors engaged in the case, and the newspaper

reporters, who were so numerous that accommodation could not be found

for more than half of them; those who could not obtain seats stood at

the back, and plied their pencils industriously.

A buzz of excitement ran through the Court as Reginald and Dick

appeared in the dock. They were ushered in separately, and this was

the first time they had met since Reginald's arrest, but messages had

passed between them through friends and solicitors, and their first

action now, as they stood side by side, was to hold out their hands in

token of hearty friendship and confidence. Upon some of the spectators

this friendly greeting produced a favourable impression; upon others

the reverse. Of the two young men, it was clear that Reginald felt his

position the more acutely; Dick had recovered his bright and cheery

manner, and it was hard to believe that he stood charged with a

horrible crime.

Upon the case being called, Mr. Pallaret rose and said that he

appeared for both the accused. "In expressing the hope," added the

learned counsel, "that the case for the prosecution will be fully

disclosed, and in such a comprehensive manner as to enable your

worship to decide to-day whether you will discharge the accused or

commit them for trial, I am carrying out their strong wish, with which

my own view of what is just and right coincides."

Mr. Mallandaine: "It is certainly advisable that a charge of this

nature should not be kept hanging over the heads of the accused for an

unreasonable length of time, but we have to be guided, to some extent,

by the counsel for the prosecution."

Mr. Marlow: "There is no desire on our part for delay. In a matter of

this grave import every opportunity for defence should be given to an

accused person, and in our proceedings to-day I say frankly that I do

not intend to hold anything back. At the conclusion of the evidence it

will be for your worship to decide whether the facts disclosed are

sufficient to warrant the committal of the prisoners. I venture to say

that there have been few cases of the kind in which the circumstantial

evidence is so strong and direct. I would point out to your worship

that the case assumes a different complexion from that which it

presented this day week. Then there was only one person charged, now

there are two, and I shall be able to prove collusion in the committal

of a murder as brutal as any which can be found in the whole calendar

of crime. The arrest of the second prisoner, Richard Remington, cousin

of the first, Reginald Boyd, instead of complicating the issue, has

cleared it, for much that was mysterious is now capable of

explanation. The medical evidence will establish that the murder was

committed on the night of Friday, the 1st of March----"

Mr. Pallaret: "Or on the night of Saturday, the 2nd. My learned

brother will see the point."

Mr. Marlow: "Yes, I see it, but I shall contend that it was committed

on Friday, on which night Reginald Boyd visited his father, for the

purpose, as he has himself admitted, of obtaining money from him, he

being then, upon his own confession, in an impecunious state. The

notes of his evidence at the inquest will be read to you----"

Mr. Pallaret: "It will shorten the proceedings by my admitting the

visit and its purpose. Mr. Reginald Boyd gave his evidence of his own

free will."

Mr. Mallandaine: "Nevertheless, Mr. Pallaret, the evidence had better

be read from the Coroner's notes, in which you may possibly find

discrepancies."

Mr. Pallaret: "There are parts which I wish to be read, in proof of

the ingenuous part played by Mr. Reginald Boyd."

Mr. Marlow: "We will read the whole of it. There will also be

submitted to your worship proof of identification of the body, with

the Coroner's notes, and the evidence of the two prisoners on that

point."

Mr. Pallaret: "We admit that. There can be no possible doubt that the

man murdered was Mr. Samuel Boyd, and I may state explicitly that

there is not the least intention on our parts to dispute matters of

fact."

Mr. Marlow: "On the night in question three incidents occurred of

which we have positive knowledge. The first was the summary discharge

by the murdered man of his clerk, Mr. Abel Death, whose singular

disappearance has yet to be accounted for; the second was the visit of

Lady Wharton to Mr. Samuel Boyd, and her depositing with him certain

articles of jewellery which her ladyship will be called upon to

identify; the third, the visit of Reginald Boyd to his father under

the circumstances I have mentioned. I name these incidents in the

order of their occurrence. From the first discovery of the murder

suspicion pointed to Reginald Boyd as its probable perpetrator, but

the disclosures made up to a certain point of the inquiry in the

Coroner's Court were not considered sufficiently conclusive by the

police to warrant his arrest. But he was kept under observation.

Towards the conclusion of the second day of the inquiry an important

witness came forward in the person of Dr. Pye, a gentleman who, we

understand, has devoted his life to scientific pursuits. This

gentleman resides in Shore Street, a street running parallel to

Catchpole Square. The windows at the back of Dr. Pye's house directly

face the front of the house occupied by Mr. Samuel Boyd. It has been

his habit for years to keep up late at night for the purpose of making

scientific experiments, and on the night of Friday the 1st of March he

was so employed. At three o'clock on that night--that is to say, on

the morning of Saturday, the 2nd--he was standing at the window of the

room in which he was at work, when his attention was attracted by an

unusual movement at the door of Samuel Boyd's house. It will be

necessary to bear in mind that Catchpole Square is a _cul de sac_, and

that it is very rarely indeed that any person enters there, and none,

unless it be an entire stranger, with the intention of passing

through. The entrance to the Square is through a hooded passage

bearing the ominous name of Deadman's Court. As I have told you, Dr.

Pye was standing at the window--as he will tell you aimlessly, and as

I submit in the abstracted mood habitual to students after some hours

of secluded work--when he dimly observed the opening of the street

door. An incident so unusual and suspicious made a strong impression

upon him, and for the purpose of ascertaining the cause he brought

forward an ingenious contrivance of his own invention by means of

which he is enabled to throw a flashlight a considerable distance upon

any desired spot, while the operator remains in shadow. The flashlight

revealed the figure of a man standing at the door in an attitude of

fear; Dr. Pye distinguished quite clearly the features of this man,

who at that time was a stranger to him. The man remained at the door

in his fear-struck attitude for several moments; then, the flashlight

extinguished, Dr. Pye observed the shadow of a man--the night was

dark, and he could distinguish no more than the shadow--slink

cautiously and stealthily out of the Square. This was the end of the

incident. During the inquest Dr. Pye properly conceived it to be his

duty, in the interests of justice, to make the incident public, and he

addressed a note to the Coroner, stating that he had evidence of more

or less importance to tender. He was called and examined, and the

statement he made was to the effect I have described. His examination

over, a remarkable incident occurred. Glancing around the Court his

eyes fell upon Reginald Boyd, and he was instantly struck with the

resemblance he bore to the man he had seen in Catchpole Square; and

his further examination elicited this fact. It is a proof of his

fair-mindedness that he warned the jury not to be led into a possible

error by attaching a too great importance to this resemblance, which

he suggested might be accidental. If so, it was a remarkable accident.

While offering this warning against a possible miscarriage of

justice--of which I admit there are instances on record--he was not to

be shaken from the positive fact of the extraordinary resemblance.

Observe that he was not aware that the man whom he pointed out in the

Coroner's Court was the son of Samuel Boyd. Now, in this connection,

there will be found a discrepancy between Dr. Pye and another witness,

Mrs. Abel Death, as to the hour at which the man emerged from the

house. Dr. Pye says it was three o'clock, while Mrs. Death avers that

she was in Catchpole Square from half-past two till half-past three,

during which space of time the door of the house in Catchpole Square

was not opened. Dr. Pye fixes the time by his watch, which he says he

consulted, while Mrs. Death fixes it by the striking of the hour from

St. Michael's Church, which is in the immediate vicinity of Catchpole

Square. Stress will no doubt be laid upon this discrepancy to

discredit Dr. Pye's evidence, but it should not be allowed to weigh

with you. Either of these witnesses may be reasonably and blamelessly

mistaken, and the strong probability is that it is Mrs. Death, who

does not possess a watch or a clock, and whose agitation at the

disappearance of her husband may easily have led her into error. But

anyway this discrepancy is of small significance. Whether it was at

three or two o'clock does not affect the fact that a man was seen

coming from the house----"

Mr. Pallaret: "I beg my learned friend's pardon. The unsupported

evidence of a witness in relation to the important incident he

describes does not establish the fact, and such a word should not be

used."

Mr. Marlow: "I withdraw the word. You will have the evidence, and will

judge of its value. It is not conceivable that Dr. Pye had any

personal interest to serve in coming forward----"

Mr. Pallaret: "Again I beg pardon. What is conceivable and not

conceivable will probably be made clear before we finish."

Mr. Marlow: "I will pass over the incident. The presumption is that

the man was either the murderer or an accomplice. Now, how does the

prisoner, Reginald Boyd, stand in relation to what took place on that

night? We have his own statement that he left his father's house and

was in his lodgings by midnight, and if he could produce a witness or

witnesses to confirm his statement, and to prove that he did not leave

his lodgings again during the night, it would effectually dispose of

the peril in which he stands in regard to the resemblance between him

and the man whom Dr. Pye saw. But such a witness has not been, and I

venture to say will not be, produced, and we have only his bare word

to fall back upon. Remember that he had a latchkey, and could let

himself into the house without the knowledge of the inmate. We may

take it for granted that Samuel Boyd, before he retired to bed,

chained and bolted the street door, and in these circumstances the

latchkey would be useless.

"I come now to the other prisoner, Richard Remington. No suspicion was

entertained of his complicity in the crime, and there was no evidence

connecting him with it until Monday night of this week. When Reginald

Boyd was arrested Richard Remington was acting as his cousin's

attorney, and on that very day he was seen posting up bills of large

rewards, as stated therein, for the discovery of the murderer and Mr.

Abel Death. On the face of it this simultaneous posting up of the two

bills would go some way to directly associate Mr. Abel Death with the

murder. I do not say that this was the intention, but it is open to

that construction. If such an intention existed the design was artful

and wicked, and Richard Remington's personal participation in the

bill-posting--bill-sticking not being his trade--is open to another

construction, that it was done for the purpose of averting suspicion

from himself. On the following day, Friday, a notice appeared on the

street door of the house in Catchpole Square, which stated that

Richard Remington was absent on business, and that all communications

for him were to be left at a certain address. Inquiry was made for him

at that address by a witness who will be called, and nothing could be

learned about him. I mention this incidentally, as indicating that he

wished it to be supposed he was living at that address. If this were

so, for what reason did he make it public, when he was not to be found

there? Saturday, Sunday, and the daylight of Monday, passed without

anything being heard of him; but late that night an incident of a very

startling nature occurred, in which he was the principal actor.

"Constable Applebee was on his beat, which embraced Catchpole Square,

and during the storm which came on suddenly at two in the morning, he

took refuge in Deadman's Court, which you will recollect is the only

approach to the Square. During a lull in the storm the constable

stepped from his shelter to reconnoitre the houses in the Square. He

had not been there a minute before the door of Samuel Boyd's house was

flung open, and a man ran out, almost into the constable's arms. This

man was Richard Remington."

Samuel Boyd of Catchpole Square: A Mystery · 第 62 / 66 章