CHAPTER II.

THE TRIAL

“How say you, prisoner at the bar: Guilty or Not Guilty?”

“Not Guilty.”

There was a moment’s pause. A slight murmur passed like a ripple

through the dense crowd. Each individual item, male and female, tried

to wriggle itself into a more comfortable position, knowing that it was

fixed in that particular spot for some hours to come. The crier of the

court called silence where silence was already, and next moment Mr.

Purcell, the counsel for the prosecution, rose to his feet. He glanced

up at the prisoner for one brief moment, bowed slightly to the judge,

hitched his gown well forward, fixed one foot firmly on a spindle of

the nearest chair, and turned over the first page of his brief.

Mr. Purcell possessed in an eminent degree the faculty of clear and

lucid exposition. His manner was passionless, his style frigid. He

aimed at nothing more than giving a cold, unvarnished statement of the

facts. But then the way in which he marshalled his facts—going, step by

step, through the evidence as taken before the magistrates, bringing

out with fatal clearness point after point against the prisoner,

gradually wrapping him round, as it were, in an inextricable network of

evidence from which it seemed impossible for any human agency to free

him—was, to such of his hearers as could appreciate his efforts, an

intellectual treat of a very rare order indeed: Even Lionel had to ask

himself, in a sort of maze: “Am I guilty, or am I not?” when Mr.

Purcell came to the end of his exposition, and took breath for a moment

while the first witness for the prosecution was being sworn by the

clerk of the court.

That first witness was Kester St. George.

Mr. St. George looked very pale—his recent illness might account for

that—but he showed not the slightest trace of nervousness as he stepped

into the witness-box. It was noticed by several people that he kept his

eyes fixed straight before him, and never once turned them on the

prisoner in the dock.

The evidence elicited from Mr. St. George was—epitomized—to the

following effect:—Was own cousin to the prisoner at the bar, but had

not seen him since they were boys together till prisoner called on him

in London a few weeks before the murder. Met prisoner in the street

shortly afterwards. Introduced him to Mr. Osmond, the murdered man, who

happened to be in his (witness’s) company at the time. Prisoner, on the

spot, invited both witness and Osmond to visit him at Park Newton. The

invitation was accepted. Witness and Osmond went down to Park Newton,

and up to the night of the murder everything passed off in the most

amicable and friendly spirit. On that evening they all three dined by

invitation with Mr. Culpepper, of Pincote. They got back to Park Newton

about eleven o’clock. Osmond then proposed to finish up the evening

with a game at billiards. Prisoner objected for a time, but ultimately

yielded the point, and they all went into the billiard-room. The game

was to be a hundred up, and everything went on satisfactorily till

Osmond accused prisoner of having played with the wrong ball. This

prisoner denied. An altercation followed. After some words on both

sides, Osmond threw part of a glass of seltzer-and-brandy into

prisoner’s face. Prisoner sprang at Osmond and seized him by the

throat. Osmond drew a small revolver and fired at prisoner, but

fortunately missed him. Witness then interposed, dragged Osmond from

the room, and put him into the hands of his (witness’s) valet, with

instructions not to leave him till he was safely in bed. Then went back

to prisoner, whom he found still in the billiard-room, but depressed in

spirits, and complaining of one of those violent head aches that were

constitutional with him. Witness himself being subject to similar

headaches, recommended to prisoner’s notice a certain mixture from

which he had himself derived much benefit. Prisoner agreed to take a

dose of the mixture. Witness went to his own bedroom to obtain it, and

then took it to the prisoner, whom he found partially undressed,

preparing for bed. Prisoner took the mixture. Then he and witness bade

each other good-night, and separated. Next morning, at eight o’clock,

witness’s valet brought a telegram to his bedroom summoning him to

London on important business. He dressed immediately, and left Park

Newton at once—an hour and a half before the discovery of the murder.

Cross-examined by Mr. Tressil:

The only one of the three who was at all the worse for wine on their

return from Pincote was Mr. Osmond. Had several times seen him in a

similar condition. On such occasions he was very talkative, and rather

inclined to be quarrelsome. Osmond was in error in saying that prisoner

played with the wrong ball. Witness, in his position as marker, was

watching the game very carefully, and was certain that no such mistake

was made. Osmond was grossly insulting; and prisoner, all through the

quarrel, acted with the greatest forbearance. It was not till after

Osmond had thrown the brandy-and-seltzer in his face that prisoner laid

hands on him at all. The instant after, Osmond drew his revolver and

fired. The bullet just missed prisoner’s head and lodged in the wall

behind him. After Osmond left the room no animosity or ill-feeling was

evinced by prisoner towards him. On the contrary, prisoner expressed

his deep regret that such a fracas should have taken place under his

roof. Had not the slightest fear that there would be any renewal of the

quarrel afterwards, or would not have left for London next morning.

Certainly thought that an ample apology was due from Osmond, and never

doubted that such an apology would be forthcoming when he had slept off

the effects of the wine. Was never more surprised or shocked in his

life than when he heard of the murder, and that his cousin was accused

of the crime. It seemed to him too horrible for belief. Could not

conceive of any possible motive that the prisoner could have for

committing such a crime.

“Would you not almost as soon expect to have been the author of such a

crime yourself?” asked Mr. Tressil.

Mr. St. George turned a shade paler than he was before, and for the

first time he seemed to hesitate a little before answering the

question. “Yes,” he said at last, “I should almost as soon expect such

a thing. In fact, I cannot, even now, believe that my cousin, Lionel

Dering, is the murderer of Percy Osmond.”

Mr. Tressil sat down, and Mr. Little rose to his feet.

“On the night of the quarrel prisoner complained to you of having a

very violent headache?”

“He did.”

“And you proffered to administer to him a dose of a certain narcotic

which you had found to be efficacious in such cases yourself?”

“I did.”

“How many drops of the narcotic did you administer to the prisoner?”

“Fifteen, in water.”

“You saw him drink it?”

“I did.”

“You yourself are troubled with violent headaches at times?”

“I am.”

“At such times you administer to yourself a dose of the same narcotic

that you administered to the prisoner?”

“I do.”

“And you derive great benefit from it?”

“Invariably.”

“How many drops of the narcotic do you take yourself on such

occasions?”

“Fifteen, in water.”

“Is that your invariable dose?”

“It is.”

“Speaking for yourself, what is the effect it has upon you on such

occasions?”

“It induces languor and drowsiness, and seems to deaden the pain. Its

chief object is to insure a good night’s rest—nothing more.”

“How many years have you been in the habit of taking this narcotic?”

“At intervals, for a dozen years.”

“You have therefore become habituated to the use of it?”

“To a certain extent, yes.”

“But if you, after twelve years’ practice, are in the habit of taking

only fifteen drops, does it not strike you that that quantity was

somewhat of an overdose for a man who had never taken anything of the

kind before?”

“It did not strike me as being so at the time. The prisoner is a strong

and healthy man, and his headache was a very violent one.”

“But, in any case, the general effect would be to induce a sense of

extreme drowsiness, which, in a little while, would result in a dull,

heavy sleep—a sleep so heavy and so dull that the sense of violent pain

would be deadened, and even lost for the time being?”

“Those are precisely the effects which might be expected.”

“How soon, after a dose has been taken, does the feeling of drowsiness

come on?”

“In about a quarter of an hour.”

“Suppose now, that after you had taken a dose of the narcotic, you

wished, for some particular reason, to keep broad awake; suppose that

you had some important business to transact—say, if you like, that you

had a murder to commit—how would that be?”

“I should find it utterly impossible to keep awake. The feeling of

drowsiness induced is so intense that your whole and sole desire is to

sleep: you feel as if you wanted to sleep for a month without waking.”

Mr. Little, having scored a point, sat down, and Mr. St. George left

the witness-box. As he was stepping down into the body of the court his

eyes met the eyes of Lionel Dering for the first time that day. It was

but for a moment, and then Kester’s head was turned deliberately away.

But in that moment Lionel saw, or fancied that he saw, the self-same

expression flash from his cousin’s eyes that he had seen in them that

night, now many months ago, when they recognized each other across the

crowd on Westminster Bridge—a look of cold, deadly, unquenchable hate,

that nothing but death could cancel, with which, to-day, was mingled a

look of scornful triumph that seemed to say, “My turn has come at

last.” For one brief instant Lionel seemed to see his cousin’s soul

stand unveiled and naked before him.

As before, it was a look that chilled his heart and troubled him

strangely. Kester had given his evidence in a perfectly fair and

straightforward manner, without betraying the slightest animus against

his cousin: indeed, he had distinctly stated more than once that he

could not and would not believe that Lionel was guilty of the terrible

crime for which he was arraigned, and the little sympathetic thrill

which he threw into his soft musical voice at such times could hardly

pass unnoticed by any one. But how reconcile such tokens of goodwill

and cousinly affection with the fact that he had never once spoken a

word to Lionel since they parted in the latter’s bedroom on the night

of the murder? Even at the inquest, and during the few days that

elapsed after the murder before Lionel was committed for trial, his

cousin had never come near him, or made any effort whatever to see him.

Afterwards there had been vague news of his serious illness in London;

but, even then, he might surely have written, or have dictated half a

dozen lines, had it been only to say that he was too ill to come in

person. But during all those weary days of waiting in prison there had

come no word, no message, no token to tell Lionel that there was any

such person as Kester St. George in existence.

And now, to-day, what did that look mean? To a man of Lionel’s frank

and unsuspicious disposition it seemed difficult, nay next to

impossible, to believe that he must count his cousin, not as a friend,

but as an enemy; and yet the conviction was beginning to dawn slowly

upon him that such was indeed the case. But with the dawning of that

conviction there was growing up in his mind a dim, vague suspicion,

shapeless as yet, but hideous in its shapelessness, to which neither

name nor speech had yet been given, but which began to haunt him day

and night like some weird nightmare which it was impossible to shake

off.

The next witness that was called was Martin Rooke.

Was in prisoner’s employ as under-footman at Park Newton. Had been

appointed specially to wait on Mr. Osmond, that gentleman having

brought no servant with him. One of his duties was to call Mr. Osmond

about nine o’clock every morning. Remembered the morning of the ninth

of May very well: in fact, should never forget it as long as he lived.

Went as usual about nine o’clock—it might be a few minutes before or a

few minutes after the hour—to call Mr. Osmond. Found the door unlocked,

as usual, and went in after knocking once. Did not notice any signs of

disturbance in the room. Went up to the bed with the intention of

calling Mr. Osmond. Saw at once what had happened. Mr. Osmond was lying

on his back across the bed. After the first shock of the surprise was

over, rushed downstairs and summoned assistance. All the servants who

were about at once went upstairs with him into the room. Mr. Pearce,

the butler, sent off post-haste for the nearest doctor. Then the rest

of the servants, except witness, and Janvard, Mr. St. George’s valet,

went in a body to rouse Mr. Dering, who was sleeping in the room next

to that of Mr. Osmond. One of Mr. Osmond’s hands was open, the other

was shut as if it were clasping something. Janvard took hold of the

shut hand, and tried to open the fingers, when something fell from them

to the floor. Janvard picked up the fallen article, when witness saw

that it was a shirt-stud made of jet, set in filigree gold. “This stud

is Mr. Dering’s property,” said Janvard. “I saw it in his shirt last

night.” Then witness and Janvard looked about the room and under the

bed, to see whether they could find a weapon of any kind, but could

not. Then they left Mr. Osmond’s room together, and went along the

corridor to Mr. Dering’s room. The door was wide open, and Pearce and

the other servants were clustered round it. Witness peeped over the

shoulders of the others, and saw prisoner standing in the middle of the

room, looking like a man half dazed. There were red stains on his

shirt-front, and there was a red-stained pocket-handkerchief lying at

his feet. Janvard then showed prisoner the stud, and asked him whether

it was his property. Prisoner said that it was, and asked him where he

had found it. Janvard answered that he had found it in the hand of the

murdered man. Prisoner sat down in the nearest chair, and witness

thought he was going to faint. Then Pearce ordered everybody away, and

went into the room and shut the door. Witness went back to Mr. Osmond’s

room, locked the door, and kept the key till the doctor came—with whom

came also the superintendent of police.

The cross-examination of this witness elicited nothing of any

importance in favour of the prisoner.

The next witness was Pierre Janvard.

Witness deposed that on the night of the eighth of May he was sitting

up for his master, Mr. St. George, who, after his return from Pincote,

where he had been dining, had joined prisoner and Mr. Osmond in the

billiard-room. About midnight the bell rang, and on answering it he

found Mr. Osmond seated on the bottom stair of the flight that led to

the bedrooms, and his master standing near him. Mr. St. George motioned

to witness to get Mr. Osmond upstairs, and whispered to him that he was

not to leave him till he had seen him safely in bed. Mr. St. George

then went back to the billiard-room, and witness, after a little

persuasion, managed to get Mr. Osmond as far as his own room. Mr.

Osmond was half drunk, and was evidently much excited. He kept shaking

his head, and talking to himself under his breath, but witness could

not make out what he said. Had seen Mr. Osmond the worse for wine

several times before. It was the duty of Rooke, the previous witness,

to attend to him at such times; but Rooke was in bed, and he (witness)

did not care to disturb him. After a little while Mr. Osmond was

induced to get into bed. Witness lingered in the room for a few minutes

till he seemed fast asleep, then left him, and neither knew nor heard

anything more about him till Rooke rushed into the servants’ hall,

about nine o’clock next morning, with the news of the murder.

The rest of the evidence given by Janvard was little more than a

recapitulation of that already given by Rooke. The evidence of the

latter was confirmed with regard to the finding of the jet stud, and

its recognition by the prisoner as his property. The stud itself was

produced in court, and handed up to the jury for inspection.

The next witness was James Mackerith, M.D.

Dr. Mackerith began by stating that between nine and ten o’clock on the

morning of May ninth, a servant from Park Newton rode up to his house,

and told him he was wanted, without a moment’s delay, to look to a

gentleman who had been murdered during the night. Witness got out his

gig and started at once, and, meeting the superintendent of police on

the way, that gentleman joined him on hearing his errand. Witness then

went on to describe the finding and appearance of the body. Mr. Osmond

had been stabbed through the heart with a knife or dagger. Death, which

must have been almost instantaneous, had taken place at least five or

six hours before the arrival of witness. There were no traces of any

struggle. In all probability Mr. Osmond had been murdered in his sleep,

or at the moment when he first opened his eyes, and before he had time

to raise any alarm.

This witness was severely cross-examined by Mr. Tressil as to the

possibility or otherwise of deceased having committed suicide, but

nothing could shake him in his positive conviction that, in the present

case, such a theory was utterly untenable. After the cross-examination

of Dr. Mackerith was brought to an end the court adjourned for

luncheon.

It was now two o’clock, and although there were three or four minor

witnesses still to be examined, the general impression seemed to be

that, if the jury were not long in making up their minds, the whole

unhappy business would be brought to an end by six o’clock at the

latest.

The prisoner, who, by the judge’s instructions, had quite early in the

day been accommodated with a chair, had listened with quiet attention

to the progress of the case, but had not otherwise seemed to take more

interest in it than any ordinary spectator might have done. He had a

thorough comprehension from the first that the trial must go dead

against him, but he never abated by one jot the quiet, resolute

calmness of his manner. He was the same to-day as he had been on the

first day of his imprisonment; only, to-day, he was the focus of a

thousand inquisitive eyes; but he seemed as utterly unconscious of the

fact as though he were sitting in the silence and solitude of his cell.

Hour by hour, as the trial went on, Tom sent brief notes by a messenger

to Edith. In these notes all that he could say was that such and such a

witness was under examination, and that everything was going on as

favourably as could be expected. He knew how miserably ineffective such

messages would be to allay the dreadful anxiety of her to whom they

were addressed; but, as he asked himself, what more could he write? He

took advantage of the few minutes allowed for luncheon to run up in

person to Alder Cottage. Edith, that day, looked to him a dozen years

older than he had ever seen her look before. Very pale and worn, but

very calm also. But there was something in her eyes—the wild, yearning,

terrified look of some poor hunted creature, as it were, who sees that

for it there is no possible door of escape—which revealed to Tom

something of the terrible struggle going on within. It was but scant

comfort that he could give her, but even for that she was grateful.

Tom found that he had still five minutes to spare when he got back to

the court, so he hunted up Jabez Creede, whom he found haunting the

purlieus of a neighbouring tavern, but apparently lacking either the

money or the courage to venture inside. Tom supplied him with both,

and, after two steaming glasses of rum and water, Jabez, with a sort of

moist gratitude in his voice, declared that he felt better—“Very much

better indeed, thank you, Mr. Bristow, sir.”

Tom; before going up to Alder Cottage, had contrived to have a brief

note passed to Mr. Sprague. “I hope you are prepared, as I expect that

I shall require your services.”

On the reassembling of the court, Pearce, the butler at Park Newton,

was the first witness called. He deposed to no material facts with

which the reader is not already acquainted.

Next came Mr. Drayton, the Duxley superintendent of police, who told

the story of his arrest of the prisoner, and how he had searched the

house and grounds of Park Newton, but could find no trace of the weapon

by which the deed had been done.

Next came a Mr. Whitstone, uncle to the murdered man, to whom, as the

nearest relative in England, had been handed over the effects of the

deceased. Mr. Whitstone deposed that, after a careful examination of

the said effects, he had come to the conclusion that nothing had been

stolen. So far as he could judge, no article of value was missing; and

consequently, whatever other motive might have been at the bottom of

the crime, it could not have been done for the sake of robbery.

With the examination of one or two minor witnesses the case for the

prosecution came to an end.

There were no witnesses to call for the defence, and Mr. Tressil at

once arose to address the court.

Tom Bristow was sitting close behind three or four junior counsel, and

in full view of the jury. Whispered one of these fledglings to another,

so that Tom could not help overhearing him: “That jet stud will hang

him.”

Answered the other: “Bet you a new hat old Tressil won’t be on his legs

more than thirty minutes.”

“If the jury agree—and I don’t see how they can disagree—the whole

thing will be over by five thirty.”

“Hope so, I’m sure. Meet you at eight for a game of pool?”

“I’m your man.”

It was now twenty minutes to four o’clock. Mr. Tressil began his speech

for the defence. He had only got through the three or four opening

sentences when one of the jury fell forward in the box, and, on being

lifted up by two of his colleagues, it was found that he had been

suddenly seized with illness. The juryman in question was Mr. Sprague,

the chemist. He was carried at once into the open air. A buzz of

curiosity and excitement ran round the court. Mr. Tressil sat down. The

judge yawned politely behind his hand, and the junior barristers passed

a snuff-box surreptitiously from one to another. In the course of three

or four minutes Dr. Mackerith, who had followed Mr. Sprague into the

side room, came back into court. Addressing the judge, said he: “My

lord, I regret to inform you that Mr. Sprague, the juryman, is very ill

indeed, and that there seems little or no probability that he will be

able to resume his duties for at least three or four hours to come.”

His lordship looked very much discomposed, and blew his nose violently.

“I never, in the whole course of my experience, recollect such a

circumstance before,” he remarked. “It is very annoying, and very

unfortunate. It leaves me without any option in the matter. The court

must stand adjourned till ten o’clock to-morrow morning.”

In the Dead of Night: A Novel. Volume 2 (of 3) · 第 2 / 13 章