Tuesday, March 19th, 1896.
"Dick Remington brought before the magistrate this morning. Court crowded, proceedings very brief. Formal evidence of the arrest only was given, and Dick remanded till Friday, when he and Reginald Boyd will be brought up together. Mr. Pallaret was in court, and made a point of insisting that the case shall be fully gone into on Friday. He is hurrying the prosecution on, and doesn't intend to allow it to lag. Am not sure whether it is quite wise of him, but I could no more teach him his business than he could teach me mine. Dick looked better, and fairly self-possessed. The only time he seemed on the point of breaking down, as he broke down in the station, was when he looked in the direction of Mrs. Inspector Robson and Mrs. Reginald Boyd. They almost broke down, too. They were very white and miserable. Inspector Robson looked ten years older, but held up bravely. Mrs. Abel Death was there. When the case was over saw her talking excitedly to the Robsons. To my surprise she came up to me, and asked if I knew where her little daughter Gracie was. I did not know. She seemed in great distress. Mrs. Inspector Robson and her daughter avoided me, and I did not intrude myself upon them. Of course they regard me as their enemy. As it happens it may turn out I am their best friend. Don't you think so?
"Coming away from the court played some good cards. One, a subp[oe]na on Dr. Vinsen, summoning him to appear as a witness on Friday. Left it at Dr. Pye's house. Asked to see Dr. Pye. 'Not at home.' Detailed two men to shadow the pair of them there. Travelling trunks were delivered at the house at eleven o'clock. My man caught sight of the name painted on them. Signer Corsi. Good. Preparing for a foreign trip. Not without my consent, Dr. Pye.
"Second card. A subp[oe]na on Ezra Lynn, summoninghimto appear as a witness. I can't help laughing. He will be scratching his bald pate to get at the meaning of it. Let him scratch. Detailed a man to watchhishouse, and follow him wherever he goes.
"Third card. A subp[oe]na on Stephen Rawdon, requestinghisattendance at the magistrate's court on Friday. I can see the sweat running down his face. Can't you? Did not detail a man to watchhismovements.Hewon't run away.
"Three good shots.
"Letter from friend Joseph Pitou in reply to mine of Friday last--this time in English. He is well up in languages, is friend Joseph. Says my man is his man, he believes. Expects to be in London on Thursday night or Friday morning. If so, he will be present in the magistrate's court on Friday, and will have a good view of our gentleman. Gives me a piece of information. Says that he had our gentleman in his custody once, and allowed him to slip through his fingers. Very stupid of you, friend Joseph. Says our gentleman is the kind of man who never forgets a face, and that when he sees friend Joseph we shall know from the start he will give what impression this meeting of old friends has upon him. I doubt it, Joseph. Our gentleman is the kind of man who never gives a start. A modern Sphinx, and, according to Joseph, as desperate a character as one would wish to put the darbies on.
"Forgot to say that Lady Wharton was not in Court this morning. Her ladyship is in the country. She will present herself on Friday, to identify the jewels. Applebee expects to get the reward. Now, it was Dick Remington who found them. I mentioned this to Applebee, and made him uneasy. What a plucky chap that Dick is! As for his story, I believe every word of it. Friday will be a regular field day."
In view of the surprising turn the Mystery of Catchpole Square has taken, considerable interest was manifested in the proceedings at the Coroner's Court this morning, a large share of public attention being bestowed upon the juror who has taken so prominent a part in the inquiry. All the jurymen were in attendance at the appointed hour, and the Coroner, in a brief address, expressed the hope that a sensible and just verdict would now be returned. He would make no comment, he said, upon the singular differences of opinion between them, nor upon the no less singular and unusual form in which those differences were presented to him--contrary, he was bound to add, to all precedent and established modes of procedure. It would be obviously improper to make any comment upon the altered position of affairs; such alteration was not for their consideration, and should not be allowed to influence them. The verdict they returned should be strictly in accordance with the evidence that had been presented to them. He would now dismiss them to their duties.
Upon this occasion, contrary to the general expectation, the jury remained in deliberation but a very short time. After a lapse of twenty minutes they agreed upon the verdict of Wilful Murder against some Person or Persons unknown, which, being received by the Coroner, the inquiry came to an end.
In connection with this extraordinary case (new developments of which may be expected to-morrow at the Bishop Street Police Court), we may mention that no light has yet been thrown upon the disappearance of Mr. Abel Death. And in this connection we may further add that Mrs. Death is in deep distress at the disappearance of her young daughter Gracie, who has been absent from her home since Tuesday. Any person who can give information concerning her may address themselves to our Office, or to Mrs. Death, 7, Draper's Mews.
We understand that some portion of Lady Wharton's jewels has been found, and that her ladyship will attend at the Police Court to-morrow to identify them.
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 acul 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."
"His outer garments were such as a Mongolian wears, and in his hand was the mask of a Chinaman's face. He carried also in his hand a hollow cane of the reign of Charles the Second, in which, as you will presently hear, a singular discovery was made. It is not for me to say why this disguise was assumed; it is sufficient to state the fact. In response to Constable Applebee's calls for assistance Detective Lambert came up, and afterwards Constable Pond and another. The prisoner gave no explanation of his singular disguise, but made some rambling statement to the effect that the murderers of Samuel Boyd were in the house. In compliance with his urgent and reiterated requests the officers Lambert and Applebee accompanied him into the house, and made a thorough search, from top to bottom, without discovering any person there. Remington was then taken to the police station, and charged. When he was searched a document was found upon him of a nature so incriminating, and so direct in its terms, as to furnish the strongest proof of the guilt of the prisoner, Reginald Boyd. The defence will probably call this evidence presumptive; I call it conclusive. The document runs as follows:--
(Mr. Marlow here read the Memoranda made by Samuel Boyd on the night of Friday, March 1st, with which our readers are already acquainted.[1])
"You will perceive that the document is dated the 1st of March, and there can be no doubt that it was the last writing made by Samuel Boyd before he was cruelly murdered. That he was in dread of violence at the hands of his son is clear. No reference is made in the document to the prisoner Remington, but there is a presumptive accusation against the missing man, Abel Death, of being in a conspiracy to rob him. Observe also the reference to the latchkey possessed by his son, and the words, 'If he does not get in through the front door he will find some other way; he is better acquainted with the ins and outs of this house than I am myself.' In this voice from the grave--for so it may be aptly termed--is revealed a deplorable state of feeling between father and son which strengthens the case against the prisoner Boyd. They were at enmity; each accused the other of robbery or attempted robbery, and matters thus were ripe for violence. Is it too wild a presumption that Remington removed the incriminating document for the purpose of shielding his confederate, and, by implication, himself? The document informed them, also, that Samuel Boyd had not yet made his will, and that if he died that night his son would become heir at law. A strange feature in the case is that the paper was not immediately destroyed, but there are numbers of instances in which criminals have been brought to justice by over-confidence and by their neglect to attend to small matters over which they believed themselves to have absolute control. In addition to this document another remarkable discovery was made at the police station. On the night of the murder Lady Wharton had deposited with Samuel Boyd certain valuable jewels as security for an advance of money to be made to her, and up to last Monday night no trace of these jewels had been discovered. Now, the Charles the Second cane carried from the house by the prisoner Remington was hollow, and in it were found the missing jewels. Lady Wharton will be called to identify them. Against Remington a search of his lodgings furnished further evidence. Under his bed was found a rope and grapnel, which he purchased on Friday the 1st of March----"
Mr. Pallaret: "Will the date be proved?"
Mr. Marlow: "The shopkeeper from whom he purchased it will give evidence of the date. It may be asked, what object could there have been in Remington purchasing a rope and grapnel to get over the wall at the back when Reginald Boyd, with whom we accuse him of being in collusion, possessed a key to the front door? The answer to that is that they deemed it necessary to be prepared, in case the street door was chained and bolted. Or it may have been done, and the rope and grapnel used, to divert suspicion from themselves, and to make it appear that burglars unacquainted with the premises had effected an entrance and committed the crime. It is most suspicious that in Remington's evidence at the inquest he made no allusion to the rope and grapnel, although the statement of Detective Lambert was before him. For what other reason than to screen himself could he have been guilty of the suppression? Another piece of evidence will be forthcoming. Before either of the prisoners was arrested Detective Lambert, during his examination of the house, took photographs of the bloody footprints leading from Samuel Boyd's bedroom to the small window at the back, through which the person or persons effecting an unlawful entrance had passed. Since Remington's arrest photographs have been taken of the soles of his boots, and they exactly correspond with those of the bloody footprints. As to another startling incident in this remarkable crime--the visit of the man disguised as Samuel Boyd to Lady Wharton in Bournemouth--we have only conjecture, and I make no comment upon it other than that it is a mystery which has yet to be elucidated.
"I have now gone through the principal features of the murder and its attendant circumstances, and I think your worship will agree with me that there is no course open to you except to put the prisoners on their trial at the Criminal Court."
At the conclusion of this address the general opinion of the disinterested persons in court was that the accused were guilty, and that there was no escape for them. There were, however, seated at the solicitors' table a few more experienced who judged from Mr. Pallaret's manner that he by no means despaired of an acquittal. A twisted note had been handed to him, on which was written, "He is the man. Call Joseph Pitou."
Witnesses for the prosecution were then examined, of whom the first was Lambert, whose evidence was similar to that given at the inquest, and who testified to the execution of the search warrant in Dick's lodgings. Mr. Pallaret asked him but few questions.
"You have been engaged in getting up this case?"
"Yes, under instructions."
"From time to time you have come into communication with Mr. Richard Remington?"
"Yes."
"Has he assisted or retarded you in your inquiries?"
"He has been of material assistance to me."
"At whose suggestion were photographs of his boots taken?"
"At his. Since his arrest I received a message from him saying that he had a communication to make to me. He then related the circumstances of his breaking into the house in Catchpole Square, and gave me his boots. He also showed me traces of a scar on his hand, caused by a wound he received when he broke the window at the back of the house, from which the blood had dropped as he walked through the passages and rooms."
"Did it appear to you as if he wished to conceal anything?"
"It did not. He was quite frank and open with me."
"In pursuance of your duties you served subp[oe]nas upon certain witnesses?"
"Yes."
"Among others, upon Dr. Pye?"
"Yes."
"In an interview with him you asked him to show you the flashlight device by means of which, according to his statement, he saw a man come from the house in Catchpole Square in the middle of the night?"
"Yes."
"What was his reply?"
"That it was under repair, and he could not produce it."
Then followed the evidence of the reporter of "The Little Busy Bee," and that of Constable Applebee, neither of whom was cross-examined by the defence.
At this point of the trial it was observed that a communication was made to Detective Lambert, who hastily took his departure, but not before he had passed a piece of paper to Mr. Pallaret, upon which was scribbled, "If you do not see me in Court delay the proceedings as long as possible. If Dr. Pye's examination is over before I return do not allow him to leave the Court. Most important."
Lady Wharton was next called. She narrated the circumstances under which she had entrusted her jewels to Samuel Boyd, and identified them. Among the questions put to her under cross-examination, which was purposely prolonged by Mr. Pallaret, were the following:
"Are any of the jewels you gave the deceased on Friday, March 1st, missing?"
"No. They are all here."
"Have you a list of the jewels you gave the person who personated Samuel Boyd in Bournemouth on the following Friday night?"
"Yes."
"You could identify them?"
"Certainly I could. I wish I had the opportunity."
Mr. Higgins then appeared in the witness box, shaking visibly, his features twitching spasmodically. From him the prosecution elicited that Dick had purchased a rope and grapnel at his shop on March 1st, and had paid half the purchase money at the time, promising to pay the balance in the course of the following week, which promise had not been kept. Dick could not understand what his object was in giving this false evidence as to the date of the purchase, unless it were that he conceived himself injured by not obtaining the blackmail he had hoped to gain. He was subjected to a long cross-examination, in the course of which he became hopelessly involved, and contradicted himself so repeatedly that he was warned by the magistrate. He finally retired from the witness box utterly discredited and demoralised.
Dr. Pye's name being called, he took his place in the witness box. His face was calm and composed, and he cast his eyes around with a sense of power which produced a profound impression among the spectators. In a passionless voice he repeated the statement he had made at the Coroner's Court, not deviating by a word from his description of the events of the fatal night. His statement finished, the examination proceeded:
"When you gave your evidence at the inquest you expressed some doubt as to the prisoner Reginald Boyd being the man you saw come from the house?"
"There came to my mind instances of mistaken resemblance in past trials of importance, and I conceived it my duty to warn the jury not to be led into error."
"You suggested that you might be mistaken?"
"I made the suggestion. No man is infallible."
"Have you carefully considered the matter since you appeared in the Coroner's Court?"
"I have."
"Has that consideration strengthened or removed any doubts you may have had?"
"It has removed any possible doubt that may have been in my mind."
"Look at the prisoner, Reginald Boyd. Can you say now with certainty that he is the man you saw?"
"I can say he is, with certainty."
"You are positive?"
"Quite positive. The resemblance is so startling that there is only the barest possibility of my being mistaken."
"Now, as to the hour. You looked at your watch?"
"The incident was so unusual that I instinctively took my watch from my pocket. It was within a minute of three o'clock."
"You are aware that another witness, who will probably be called for the defence, states that she was in Catchpole Square at that hour, that she heard the clock of Saint Michael's Church strike three, and that the door of the house of the deceased was not opened?"
"I am aware of it. She is mistaken."
"Did you hear the clock of St. Michael's Church strike?"
"I did not."
"That is all, Dr. Pye."
Mr. Pallaret then rose and commenced his cross-examination, which had been looked forward to with some eagerness.
"Your name is Pye?"
"That is my name."
"Christian name?"
"Charles Stuart."
"Charles Stuart Pye. Have you ever passed under any other name?"
"The question is an insult."
"I do not intend it as such. I am defending two men who are accused of an atrocious crime, one of them the son of the man who was murdered. Have you ever passed under any other name?"
"Never."
"Are you English born?"
"My parents were English. I was born in Switzerland. If I speak with a slight foreign accent it is to be ascribed to the fact that my childhood was passed away from England, and that in my youth I travelled much in foreign countries."
"Your English is very good. You speak more than one language?"
"I speak French, German, and Italian."
"How old are you?"
"Forty-eight, I think. I cannot say with certainty, as my parents did not keep up my birthday."
"In what part of Switzerland were you born?"
"In Geneva, I believe. My parents never informed me, and I did not inquire."
"It was a matter of no interest to you?"
"None whatever."
If you were born in Geneva the record of your birth will be found there?"
"Probably."
"You call yourself Dr. Do you hold a diploma?"
"I do not. I am called Dr. by courtesy."
"Whose courtesy?"
"General courtesy. It has grown into a fashion. I regard it as a compliment."
The Magistrate: "Are these questions relevant, Mr. Pallaret?"
Mr. Pallaret: "Quite relevant, as your worship will see farther on. I shall not ask a question which does not affect the issue." (To the witness.) "I understand that you volunteered to give evidence at the inquest in the interests of justice?"
"Simply that."
"And had no personal interest to serve?"
"None."
"Are you acquainted with a person of the name of Ezra Lynn?
"I am."
"He is a money-lender?"
"Yes. My acquaintance with him results from that."
"I am sorry to hear it. Are you acquainted with a person of the name of Vinsen--calling himself Dr. Vinsen?"
"Yes."
"Have you seen him lately?"
"Not within the last few days."
"We were anxious to have him here to-day, but I do not see him. We issued a subp[oe]na demanding his attendance. Not being able to ascertain his address we left it at your house. You are aware of that?"
"Yes."
"Has he received the summons?
"I am not aware that he has."
"Can you inform us where he lives?"
"I cannot."
"Nor where he is at the present moment?"
"I cannot inform you."
Upon Dr. Pye's countenance there was not a trace of discomposure, and there was not a tremor in his voice; but the experienced lawyer, as skilful a judge of character as the man he was examining, knew that if a look could kill his minutes were numbered. There was one person in court, Mrs. Abel Death, who listened in bewilderment to the answers given by the witness with reference to Dr. Vinsen. This man, who had presented himself to her as Dr. Pye's viceroy, who had given her money, who had poisoned her ears against Reginald Boyd and Dick Remington, was sitting within a few yards of her, and yet Dr. Pye denied all knowledge of his whereabouts. What was the meaning of this falsehood? Looking at Dr. Vinsen she saw that his eyes were wandering around, as though seeking a means of escape. His face was pallid, his lips were quivering, his hands trembled as they wiped the moisture from his forehead. Gracie had hated him from the first, and it was this, perhaps, that had caused her to absent herself from home. The mother's heart was wrung with anguish, with doubt, with despair.
Mr. Pallaret continued his cross-examination.
"Now, about this flashlight of yours, which revealed the face of the man you say you saw. A contrivance or device of your own, I understand?"
"Yes."
"Have you brought it into court?"
"I have not."
"Is it in your house?"
"It is not."
"No person connected with this inquiry has seen it. You refused to show it to Detective Lambert, saying it was under repair. Is it still under repair?"
"Yes."
"Give me the name of the tradesman who is repairing it?"
"I decline to give it. The device is a secret invention, and I will not run the danger of losing the benefit of it."
"The question is one I cannot compel you to answer, so I will not repeat it; but if the men whom I am defending are put on their trial in a higher court we will see that this so-called flashlight is produced. I gather from you that on the night of the 1st of March you were induced to use it by seeing with your naked eye a man standing at the door of Samuel Boyd's house. The night was very dark. How did you know it was a man?"
"Dark as it was I distinguished the figure of a man."
"On that night there was no suspicion that a murder had been committed. What made you regard as suspicious so simple a circumstance as a man coming out of the house?"
"I had never before seen any one in Catchpole Square at that hour of the night."
"Shall we call it a kind of instinct that whispered of a foul deed done?"
"Call it what you please. You are drawing upon your fancy; I am stating facts."
"Very well; we will stick to facts. You saw the figure of a man, and your suspicions were aroused. How long a time elapsed before you had recourse to your flashlight?"
"I used it almost immediately."
"Your process of reasoning was almost as swift as your flashlight. Do you keep your device in the room in which you were standing?"
"Yes."
"How far from the window?"
"Within reach of my hand."
"Before it was ready for its work some little time must have elapsed. How is the light produced?"
"By an arrangement of magnesium wire."
"Which requires to be ignited?"
"Yes."
"By means of a match?"
"Yes."
"It is, I suppose, necessary that the device be opened before you can light the wire?"
"Yes."
"You saw the figure of a man, your suspicions were aroused, you brought forward the flashlight, you opened it, you found the match box, you took from it a match, you struck the match, you applied the flame to the magnesium wire, you threw the light upon the door in Catchpole Square. That is how it was done?"
"Yes."
"To strike a match requires two hands, one to hold the box, the other to hold the match. You admit that?"
"Yes."
"So that, having brought forward your flashlight device, you had to set it down before you could strike the match?"
"Yes."
"And then you had to lift the box again before you could apply the flame of the match to the magnesium wire. Do you expect us to believe that all these operations were executed simultaneously and instantaneously?"
"No, I do not."
"Good. Timing these various processes of thought and action, we may assume that they occupied a couple of minutes?"
"Not so long."
"A minute and a half? I don't think I can accept less than a minute and a half for the accomplishment of the work I have described?"
"Say a minute and a half."
"I accept it. And all this time the man was standing at the door, waiting for you?"
"Again, these are your words, not mine."
"Do you realise how long a minute and a half is to a murderer under these circumstances? It is an eternity. Place yourself in the position of the man, and time it by your watch. How slowly the seconds pass! Between each there is a thrill of agony. I put it to you that it is incredible that a murderer, in fear of momentary detection, eager to make a swift escape from the scene of his horrible crime, standing in a place so lonely and deserted as Catchpole Square, would remain for so long a time at the door in suspense?"
"He must have done so, for I witnessed it."
"I pass to another subject. I am anxious, like yourself, to adhere to fact. Cast your eyes around the court; let them rest upon the seat you vacated to take your place in the witness box. Close to that seat do you see Dr. Vinsen?"
"I do not." Not a muscle in Dr. Pye's face moved as he gave this answer.
"You see the man I am pointing at, the man next to whom you have been seated these last two hours. Is not that man Dr. Vinsen?"
"He is not."
"Who is he, then?"
"His name is Ezra Lynn."
Unable to control herself, Mrs. Death rose and exclaimed,
"It is not true! It is Dr. Vinsen!"
A wave of excitement passed over the court; the spectators craned their necks, exclamations of astonishment escaped their lips, and for a few moments all was confusion. When order was restored, Mr. Pallaret said,--
"I have done with you for the present, Dr. Pye. I must ask your worship not to allow the witness, or any of the witnesses, to leave the court."
The Magistrate: "They will all remain. The officers will see to it."
Apparently unmoved and unruffled, Dr. Pye returned to his seat. Those of the spectators who were in a position to see observed a smile on his lips.
Mr. Pallaret, turning to the magistrate, then said that it was not customary in such cases as the present for the defence to make a long speech in a police court, but he was induced by special circumstances to deviate from the usual custom, and he was influenced also by the accused, whose earnest desire it was that all their proceedings should be made public with as little delay as possible. The only important witness brought forward by the prosecution against Mr. Reginald Boyd was Dr. Pye, and he should be able to prove that this witness was utterly unworthy of credit. Evidence of a startling nature would be presented which would suggest the gravest doubts in connection with him. (At this moment a slight bustle took place in court, caused by the hurried entrance of a messenger bearing a note for Mr. Pallaret. The learned counsel paused to receive and read the note, and then wrote a line in reply, which was handed to the messenger, who immediately departed.)
"I do not disguise from your worship," continued Mr. Pallaret, "that my object is to obtain the immediate acquittal of the accused at your hands, or, in the event of their being committed for trial, to show that the case against them is so flimsy and unreliable, that to refuse bail would be a distinct injustice. Stripped of the defence which I am in a position to make, I admit that the circumstantial evidence would be sufficiently strong to render their detention necessary, but even without the defence it would not be strong enough to prove their guilt. I take the opportunity of emphasising the extreme danger that lies in evidence of this character. One of our greatest writers has said, 'Circumstances may accumulate so strongly even against an innocent man, that, directed, sharpened, and pointed, they may slay him.' Such might have been the issue of the charge brought against the men I am defending, but happily they are in a position to meet it in a conclusive manner, and, I do not hesitate to say, to prove their innocence. Although not quite relevant to the issue affecting themselves, I cannot refrain from saying that in establishing their innocence they will also establish the innocence of an absent man against whom the finger of suspicion has been pointed. I refer to Mr. Abel Death. With respect to one of the accused I shall unfold a story which has in it many of the elements of romance."
Mr. Pallaret then described the part which Dick had played in the Mystery. With breathless interest the spectators listened to the recital, the effect of which was heightened by the eloquence of the narrator.
"Mr. Richard Remington" (proceeded Mr. Pallaret), "convinced of the innocence of his cousin's husband, recognising the dangerous position in which he stood, and with a certain suspicion in his mind, conceived and carried out a plan as novel, as ingenious, and asbizarre, as has ever been disclosed in a court of justice. On two nights, when he was in the house of the murdered man, he had observed that a flashlight had been thrown upon the windows from the back room of the house inhabited by Dr. Pye. He resolved to present a problem to that person. As skilful in disguise--I may mention that he had been a short time on the stage--as the villain who personated Samuel Boyd, and robbed Lady Wharton of her jewels in Bournemouth, he dressed himself in a suit of Samuel Boyd's clothes, and, in theatrical parlance, 'made up' his face to resemble that of the murdered man. Thus disguised he stationed himself at the front window of Samuel Boyd's house, and upon more than one occasion experienced the satisfaction of having the flashlight thrown upon him. He put into execution another and a bolder idea, the successful result of which led to his arrest under circumstances which you have heard described by Constable Applebee and Detective Lambert. He was convinced that persons found access to the house by some means and in some way unknown to him. If his suspicions were verified the natural conclusion would be that those persons (I use the plural advisedly) were the murderers. He determined to set watch for them, and to remain hidden in the house for several days and nights. In order to carry this out successfully, and to throw dust into the eyes of the suspected persons, he affixed a notice to the street door, to the effect that he would be absent from the house for some time.
"In the room on the first floor which had been used as an office there is, among other singular articles, the wax figure of a Chinaman, suitably attired. This figure is sitting in a hooded chair, what is called, I believe, a grandmother's chair. Mr. Remington had procured from a theatrical costumier in Covent Garden the mask of a Chinaman's face and a costume similar to that which clothed the wax figure. His design was, when he heard sounds of any person or persons moving in any part of the house, to place the wax figure in a cupboard in the office, and take its place. It was a bold and hazardous design, fraught with danger to himself, but, determined if possible to bring the miscreants to justice, he allowed no considerations for his personal safety to stand in his way. He entered the house on the Thursday night of last week, and did not leave it until the Monday night of this week. Animated by his high resolve, stern and fixed in his purpose, behold him in that lonely house, on the watch! Thursday and Friday nights passed, and nothing occurred. Neither was he disturbed on the nights of Saturday and Sunday. He remained there in absolute darkness, confident that the time would come.
"And here let me offer my tribute of praise and admiration for the courage, the patience, I may say the heroism he displayed during this long vigil, this arduous and almost sleepless watch, undertaken out of affection for the family to which he is related, and to prove the innocence of a man falsely accused of a horrible crime.
"On Monday night, or rather at about two o'clock on Tuesday morning, his patience was rewarded. He heard sounds in the passage below which, faint as they were, denoted that he was not now alone in the house. He had already assumed his disguise and removed the wax figure of the Chinaman from the chair. All he had to do was to take its place. The back of the hooded chair being towards the door he could not see who entered when it was softly opened. Nor could he distinguish the voices of the men, for they spoke in whispers. They moved about the room in their stocking feet, and from the few words that reached his ears he gathered that they had come once more to search for the jewels which Lady Wharton had given Mr. Samuel Boyd on the night of her visit to him. Now, I call your attention to the last words of the document written by the unfortunate man on that fatal night--'Notation 2647.' Mr. Remington did not dare to turn his head to watch the movements of the men as they moved about the room. Disappointed in their search one of the men, in his passion, shook the hooded chair so violently that the cane in the hand of the supposed wax figure--which Mr. Remington also held, in order to completely carry out the deception--slipped from his grasp to the ground. The man who picked it up pressed, by accident, one of the raised letters in the knob of the cane. This pressure caused the figure 2 to spring up. In a state of intense excitement the man drew his companion's attention to the circumstance, and made a reference to the notation, thus proving that he was familiar with it. He had pressed the letter B, the second in the alphabet, and it had released the figure 2. He pressed the sixth letter, F, and the figure 6 was released, the fourth letter, D, and the figure 4 was released, and the seventh letter, G, releasing the figure 7, the notation was complete, 2647. Mr. Remington, his sense of hearing preternaturally sharpened, heard the whispered comments of the men as figure after figure was released, and heard the click of the silver knob as it sprang up and revealed to the delighted eyes of the conspirators the jewels which had been concealed in the hollow of the cane. Thanks to Mr. Remington's prompt action their delight was short-lived. You will recollect that at this hour on Monday night a storm was raging, and that the lightning was very vivid. What followed was the work of a moment. Mr. Remington started to his feet, and as he did so a flash of lightning illumined the scene. One of the conspirators held in his hand a lighted candle, the other the cane containing the treasure. He seized the cane, and dashed the lighted candle to the ground, thereby plunging the room in darkness, all the blacker because of the lightning flash that had passed through it, and flew into the passage and out of the house, to fall into the hands of Constable Applebee. It is unfortunate that in that brief moment of rapid and resolute action he did not see the faces of the conspirators, but he has his suspicions who they were, and has communicated them to me. Before these proceedings are ended we may see those suspicions verified. I have now related the true story of Mr. Remington's adventures, with all its strange and remarkable episodes, and with the trite remark that truth is stranger than fiction I will call the witnesses for the defence."
The first witness was the costumier in Covent Garden, who testified to Dick's purchase of the Chinese mask and costume. He thought they were for the stage. Such purchases were made of him every day.
The next witness was Mrs. Abel Death, who, despite her distress, gave her evidence of the disappearance of her husband and her search for him in a fairly clear manner. When she was questioned as to the disappearance of her daughter Gracie, the counsel for the prosecution intervened, and contended that these private domestic matters had nothing to do with the case. Mr. Pallaret, answering that before he was done he would show that they had a direct bearing upon it, was allowed to proceed.
"Now, Mrs. Death, on the day on which you made your application in this Court respecting your husband's disappearance you were visited by a person who introduced himself as a doctor. What name did he give?"
"Dr. Vinsen, sir."
"He spoke of Dr. Pye as his intimate friend?"
"Yes, sir."
"Do you see Dr. Vinsen in Court at the present moment?"
"Yes, sir, I see him."
Mr. Pallaret: "Let the man seated next to Dr. Pye stand up."
With evident reluctance, and vainly endeavouring to conceal his agitation, Dr. Vinsen stood up.
"Is that Dr. Vinsen?"
"Yes, sir, that is the gentleman."
"But Dr. Pye, his intimate friend, declares he is not Dr. Vinsen?"
"I can't help that, sir. HeisDr. Vinsen."
"You swear it?"
"I swear it, sir."
"Is there the slightest doubt in your mind?"
"Not the slightest, sir."
"Can you give me any reason why Dr. Pye, Dr. Vinsen's intimate friend, should say he had not seen him for some days past?"
"No, sir, I can't make it out."
"In his visits to you did you have any conversation about the murder?"
"Yes, sir."
"Did he make any reference to Mr. Reginald Boyd and Mr. Richard Remington in connection with it?"
"Yes, sir. It was his opinion, he said, that Mr. Reginald Boyd did it, and that Mr. Remington was mixed up with it, and that, to keep off suspicion from themselves, they were trying to throw it on my poor husband."
"Did you believe it?"
"I didn't know what to believe, sir, I've been that distracted."
"I sincerely pity you; but do not lose heart. Did your daughter Gracie believe it----but stop, I must put it another way. Did your daughter Gracie say anything to you on the subject?"
"Yes, sir. She said she didn't believe it. The poor child didn't like Dr. Vinsen."
"That is all, Mrs. Death."
No questions being asked by the counsel for the prosecution, Mrs. Death's place was taken by Mr. Rawdon, whose face was very white when he stepped into the box.
"You were one of the jury at the inquest held upon the body of Mr. Samuel Boyd?"
"I was."
"You are acquainted with Mr. Ezra Lynn?"
"I have had business dealings with him."
"Borrowed money of him?"
"Yes."
"I will trouble Mr. Ezra Lynn, or Dr. Vinsen, to stand up again. Thank you. Is that Mr. Ezra Lynn?"
"Yes."
"Not Dr. Vinsen?"
"I don't know Dr. Vinsen."
"The inquest extended over a period of eleven days. Now, I ask you whether, during those eleven days, you had frequent communication with Mr. Ezra Lynn?"
"I saw him once or twice."
"Be careful. Did you not see him six or seven times?"
"Probably."
"You owe him a large sum of money?"
"I owe him money."
"He holds an execution over all your goods and furniture which he can put into execution at any moment? No evasions, sir!"
"Yes."
"On those six or seven occasions on which you saw Mr. Lynn while the inquest was in progress what was the subject of conversation between you?"
"The money I owe him."
"Nothing else? Not the murder?"
"It was mentioned. Everybody was talking of it."
"Now, there is no obligation upon you to answer the question I am about to put, but if you reply I warn you to bear in mind that you are upon your oath. In the course of your conversations with the man who could sell you up at a moment's notice, did he express a wish that a particular verdict should be returned, and did he supply you with any information concerning Mr. Reginald Boyd to guide you in furthering that wish? You are silent. Do you decline to answer?"
"Yes, I do. It has nothing to do with the case. Everybody has an opinion about the murder."
"I am not asking you about his opinion, but about his wish, and about certain information with which he supplied you. You are still silent. We shall know what construction to place upon your refusal to give a plain answer to a plain question. You can return to your seat, Mr. Rawdon, unless counsel for the prosecution desires to cross-examine you."
Mr. Marlow: "I have no questions to ask the witness; and I may add that I fail to see the drift of several of the questions my learned friend has put to the witnesses."
Mr. Pallaret: "When I have finished it will be seen that there is not a question I have put which is not justified. In all my experience I have never known so foul a conspiracy as that which I hope to lay bare. Call Joseph Pitou."
The foreign gentleman with the curled moustache who had been stationed behind Dr. Pye left his seat, and made his way to the witness box, and for the first time Dr. Pye had a full view of his swarthy face. They gazed steadily at each other, and for so long a time that it seemed to be a challenge which should drop his eyes first. This strange and steadfast gaze drew upon the two actors the attention of every person in Court. At length, with a gesture expressive of satisfaction, Joseph Pitou turned to Mr. Pallaret, who had watched the scene so earnestly that it almost appeared as if he were also playing a part in it.