Chapter XXIII.Walter Brooklyn Goes FreeThe business transacted at Thomas’s office that morning was protracted; but the result of it was never in doubt. Thomas had before long to admit that he had been suspecting an innocent man, and that man his own client. At first he was inclined to be incredulous; but, when witness after witness was produced, he had to admit absolutely that Joan and Ellery had proved their case. The testimony of one, or even two, witnesses might have been doubted; but the cumulative effect of the evidence, given by the old night-watchman, Kitty Frensham, and Horace Mandleham, and the men whom “the Spaniard” had found, was irresistible. It was true that the evidence of the stick and the telephone message which Walter Brooklyn was supposed to have sent were unaffected by the case which Joan and Ellery had prepared; but Thomas, though he knew nothing of Superintendent Wilson’s new view of the case, agreed that any charge based on these would certainly collapse in face of a conclusivealibi. Thomas confidently stated that it was only a matter of a short time before Walter Brooklyn would be released “without a stain on his character.”There were stains enough on it already, Joan said to herself, even if this last disgrace were removed. Walter Brooklyn was not guilty of murder, and had been, in this case, unjustly accused. But no amount of sympathy with him in his present misfortune could wipe out the recollection of what she had suffered while she had still felt it her duty to live with him. She had done her best to absolve him of the charge of murder, because she was fully assured of his innocence; but, that once accomplished, she desired to have no more to do with him. When, therefore, Thomas suggested that she should go at once to the prison and tell her stepfather the good news, while he and Ellery saw the police and endeavoured to make arrangements for his release, Joan refused and said that she would prefer Thomas to see his client himself. To the rest of the suggested programme she agreed, and Thomas at once got through on the ’phone to Superintendent Wilson, and arranged an immediate appointment. Joan and Ellery agreed with him that the best course was to tell the police the whole story at once, and, instead of waiting for the trial, to endeavour to secure Walter Brooklyn’s release as soon as the necessary formalities could be carried through.Taking their witnesses with them, therefore, Joan, Ellery, and Thomas set out for Scotland Yard. There they left the witnesses in a waiting-room, and were at once shown in to the superintendent. Inspector Blaikie, who had been sent for when Thomas’s message was received, was also present, and the two police officers now heard from Joan and Ellery what they had done. The superintendent listened very quietly to their story, in one of his favourite attitudes, with his eyes closed most of the time, his legs thrust out before him, and his hands buried deep in his trousers pockets. The inspector once or twice tried to interrupt, and was at first obviously incredulous. But, before they had done, the strength of their case was evident, even to him, and the testimony of the witnesses, who were then called in and examined one by one, was quite conclusive in its cumulative effect. Walter Brooklyn had been seen by no less than seven persons, and it was quite inconceivable, in view of the times and places at which they had seen him, that he could have made his way into and out of Liskeard House and committed even a single murder, in the time available. The superintendent jotted down a list of the independent testimonies which went to the making of thealibi.10.15 or so. Shown out of Liskeard House by Winter.10.20 or so. Seen by porter at Piccadilly Theatre walking up Piccadilly towards the Circus.10.45. Seen in Leicester Square by Kitty Frensham and Horace Mandleham.11.20 or so. Seen in Piccadilly Circus by night-watchman.11.30 or so. Seen by taxi-driver near Liskeard Street in Piccadilly (exact time uncertain).11.35 (about). Seen, at time not precisely fixed, but it must have been at this time, by “the Spaniard,” leaning on the parapet and then walking along the top of Trafalgar Square.11.45. Seen by witness of unknown occupation at the top of Whitehall and followed by him up Cockspur Street and Regent Street, as far as the corner of Jermyn Street.12 midnight. Seen by night-porter entering the Byron Club (the porter is positive he did not go out again).When the last witness had withdrawn the superintendent looked at his notes.“What do you make of it now?” asked Thomas. The reply, unhesitatingly given, was that thealibiseemed to be conclusive.“I admit,” said the superintendent, “that for a time we were barking up the wrong tree. There remain, of course, to be explained the telephone message and the presence of your client’s stick. I don’t say that we shan’t have to test even thealibifurther—some of your witnesses are of rather doubtful character. But personally I admit that I have no doubt about it; indeed, quite apart from thealibi, I had already made up my mind on other grounds that your client was innocent. Your discoveries merely confirm my opinion.”“Then you agree,” said Thomas, “that my client ought to be released.”“Before you answer that question, sir,” put in Inspector Blaikie, “may I have a word? I admit that what we have just heard is very powerful testimony; but surely the telephone message proves that Mr. Brooklyn was in the house, and therefore that there is something wrong with thealibi. To say nothing of the stick. I hope you won’t agree to a release at least until there has been time to look into the matter further.”The superintendent rose from his chair. “You will excuse us for a moment,” he said to the others, and he beckoned to the inspector to follow him into the adjoining room. “My dear inspector,” he said, when he had shut the door, “you will kindly leave me to manage this affair.”The inspector replied, “Certainly, sir”; but he added, half to himself, “All the same, I believe he did it.”“I shall order release—I mean I shall announce that the prosecution is withdrawn, and get the man released as soon as possible. To my mind thealibiis quite convincing. But, even apart from it, I was going to tell you this morning that I proposed to recommend Walter Brooklyn’s release. I will explain my reasons when the others have gone. You leave it to me.”The inspector said nothing, but followed his superior officer back into the other room.“Well, Mr. Thomas,” said the superintendent, “I shall certainly offer no opposition to your client’s release. Will you take the necessary steps on your side?”Thomas said that he would, and the superintendent added that, in that case, there should be neither difficulty nor delay. Only formal evidence of arrest had been offered before the magistrate, and they might now consider the charge as definitely dropped.Joan began to thank him; but he stopped her.“It is not a matter for thanks,” he said. “We appear to have arrested the wrong man, and the need for apologies, if it exists, is on our side. You will, however, agree that appearances were strongly against Mr. Brooklyn, and that we could hardly have taken any other course. Indeed, it seems clear that whoever did commit the murder, or murders, must have deliberately planned to throw suspicion on your stepfather. That, I think, furnishes an important clue.”“But I suppose you have now no idea at all who the murderer was?”“It is hardly fair to ask me that question, Miss Cowper,” said the superintendent, smiling. “You come here, and knock the police theory into smithereens, and then you ask us if we have another theory ready-made. No. We have not a theory, but we do possess certain very important clues.”At this point Thomas had a word to say. “It is just possible that I may be able to help you there. In preparing for the defence of my client, I had, of course, to consider who the criminal, or criminals, might be, and to make certain inquiries. I lighted on certain information which you may find useful. I am not likely to need it now; but I will gladly make you a present of it for what it is worth.”“What is your information?”“I believe you have been watching certain of the servants at Liskeard House—Morgan, I mean, and the butler, Winter.”The superintendent glanced at Inspector Blaikie, who nodded.“You may, or may not, have discovered that the man Winter had a very strong personal cause of quarrel with Mr. Prinsep; quite enough, I think, to be the motive of a serious crime.”The superintendent again looked towards Inspector Blaikie, who very slightly shook his head. Then he said to Thomas, “I think you had better tell us all you know.”“Well, to begin with, the butler had a violent quarrel with Mr. Prinsep a few days before the murder, and was practically given notice to leave. That can be proved by the evidence of the maidservants and of Morgan.”“This is the first I’ve heard of it,” said Joan, “and what’s more, I don’t believe it. Winter is a very old and trusted family servant. I am sure Mr. Prinsep would not have given him notice.”“The maids say that the notice was not quite definite, and that Winter was not sure whether he would have to go or not. He spoke to Morgan about it. But the evidence as to the quarrel is quite decisive.”“I think it’s horrible,” said Joan. “I’m every bit as sure that Winter had nothing to do with it as I am about my stepfather. And what if they did have a quarrel? John—Mr. Prinsep, I mean—was always hot-tempered.”“I have not yet told the inspector what the quarrel was about. It was about the girl Winter was engaged to—a girl down at Fittleworth—the head gardener’s daughter, I believe. I understand that Mr. Prinsep had some relations with her, and Winter objected.”At this Joan suddenly went red all over; but she said nothing. The superintendent, who was watching her, said very quietly, “Do you know this girl, Miss Cowper, and can you throw any light on the incident? I am sorry to ask; but—” he paused for her answer.“Of course I know the girl well; but I would rather not speak of it. I had no idea that she was to be married to Winter.”“Very well, Miss Cowper. I see that you do know, and that there is some truth in the story. Can you say that there is not?”“I prefer not to say anything.”“That will do. I see your point, Mr. Thomas. This certainly provides what we have been seeking—a possible motive for Mr. Prinsep’s murder. But, of course, it is merely a possible indication. There is no evidence against Winter, as far as I am aware.”“That, Mr. Superintendent, is entirely your business. I merely gave you what information I had gathered. Tracking down the criminal is fortunately no concern of mine.”“Quite so. And that is the whole of your information?”“Yes. Apart from that I know no more than you know already.”“Then I can only thank you for the help you have given; and assure you that everything possible shall be done to expedite your client’s release. And, by the way, you had better say nothing to any one else of what you have just told me.” And thereupon, with the skill born of long practice, the superintendent bowed his visitors out of the room. To Inspector Blaikie he spoke a word, asking him to remain for a few minutes’ discussion.Joan’s indignation burst forth as soon as she was outside the building. She was particularly angry with Thomas.“I call it abominable. We have just succeeded in clearing one innocent man, whom an hour or two ago you believed to be guilty: and now you are wantonly throwing suspicion on some one else. What business is it of yours? I know Winter had nothing to do with it.”“That is all very well, Miss Cowper; but it was my duty to tell the police, and, moreover, by doing so, I probably speeded up Mr. Brooklyn’s release by at least twenty-four hours. It is always wise to have the police on your side—when you can.”“If it was your duty, why didn’t you tell the police when you first found it out?”“I will be quite frank with you, Miss Cowper. I did not, because, until your very smart work in proving Mr. Brooklyn’salibi, my best chance of getting him off was to be able to throw unexpected suspicion on some one else at the trial.”“I call it beastly—even to think of using methods like that.”Thomas was very suave. “But I suppose, Miss Cowper, you would not have liked to see your stepfather condemned. I had to do the best I could.”“I don’t care. It can’t be right to throw suspicion on an innocent man like that. Do you—yourself—believe Winter did it? Why didn’t you do what he did—clear my stepfather by proving the truth of what he said?”“Perhaps, Miss Cowper, it was because I am not so clever as you are. I have already congratulated you on the way you have managed this affair.”“I don’t want your congratulations. Do you believe Winter did it?”“As to that, Miss Cowper, I do not pretend to know. It is for the police, and not for me, to find out.”Joan, on hearing this, simply turned her back on him, and walked away. Thomas very politely raised his hat to her back, told Ellery that he must be off, and hailed a passing taxi. Ellery hurried after Joan.For a minute after he came up with her, she strode on fast, saying nothing. Then, “Don’t you think it’s beastly?” she said.“I agree with you that Thomas is a cad, and I don’t believe old Winter had anything to do with it. And I don’t think there was any need for him to tell the police. But he probably did it, as he said, in order to get the police on our side.”“And now they’ll all be off full cry after Winter. I suppose they will want to arrest him next.”Ellery shook his head. “Hardly, without more evidence than they possess. But they will probably have him watched.”There was a further silence, during which Joan continued to walk fast, staring straight in front of her. At last she said, “I’ve been thinking, and I’m sure I see what we ought to do. So far we have only been trying to prove that my stepfather did not do it. We’ve succeeded. But at this rate we shall all of us be suspected in turn. There’s only one thing for it. There will be no peace and quietness till some one finds the criminal. I don’t believe the police will ever find him. Why shouldn’t you and I find him ourselves? We haven’t done badly so far.”Ellery whistled. “That’s a much taller order than proving your stepfather’salibi,” he said. “But I’m game. There certainly won’t be much peace for any of us till somebody finds out who did do it. But I’m dashed if I know how to begin.”“Neither do I, at present. We have to think it all out, and make a fresh start. Come home with me, and we’ll start planning it at once.”“They say two heads are better than one, and I’m prepared to be your very faithful follower. But you’ll have to be Sherlock Holmes, I’m afraid.”“Come along then, Watson. But try not to be as stupid as your namesake.”
The business transacted at Thomas’s office that morning was protracted; but the result of it was never in doubt. Thomas had before long to admit that he had been suspecting an innocent man, and that man his own client. At first he was inclined to be incredulous; but, when witness after witness was produced, he had to admit absolutely that Joan and Ellery had proved their case. The testimony of one, or even two, witnesses might have been doubted; but the cumulative effect of the evidence, given by the old night-watchman, Kitty Frensham, and Horace Mandleham, and the men whom “the Spaniard” had found, was irresistible. It was true that the evidence of the stick and the telephone message which Walter Brooklyn was supposed to have sent were unaffected by the case which Joan and Ellery had prepared; but Thomas, though he knew nothing of Superintendent Wilson’s new view of the case, agreed that any charge based on these would certainly collapse in face of a conclusivealibi. Thomas confidently stated that it was only a matter of a short time before Walter Brooklyn would be released “without a stain on his character.”
There were stains enough on it already, Joan said to herself, even if this last disgrace were removed. Walter Brooklyn was not guilty of murder, and had been, in this case, unjustly accused. But no amount of sympathy with him in his present misfortune could wipe out the recollection of what she had suffered while she had still felt it her duty to live with him. She had done her best to absolve him of the charge of murder, because she was fully assured of his innocence; but, that once accomplished, she desired to have no more to do with him. When, therefore, Thomas suggested that she should go at once to the prison and tell her stepfather the good news, while he and Ellery saw the police and endeavoured to make arrangements for his release, Joan refused and said that she would prefer Thomas to see his client himself. To the rest of the suggested programme she agreed, and Thomas at once got through on the ’phone to Superintendent Wilson, and arranged an immediate appointment. Joan and Ellery agreed with him that the best course was to tell the police the whole story at once, and, instead of waiting for the trial, to endeavour to secure Walter Brooklyn’s release as soon as the necessary formalities could be carried through.
Taking their witnesses with them, therefore, Joan, Ellery, and Thomas set out for Scotland Yard. There they left the witnesses in a waiting-room, and were at once shown in to the superintendent. Inspector Blaikie, who had been sent for when Thomas’s message was received, was also present, and the two police officers now heard from Joan and Ellery what they had done. The superintendent listened very quietly to their story, in one of his favourite attitudes, with his eyes closed most of the time, his legs thrust out before him, and his hands buried deep in his trousers pockets. The inspector once or twice tried to interrupt, and was at first obviously incredulous. But, before they had done, the strength of their case was evident, even to him, and the testimony of the witnesses, who were then called in and examined one by one, was quite conclusive in its cumulative effect. Walter Brooklyn had been seen by no less than seven persons, and it was quite inconceivable, in view of the times and places at which they had seen him, that he could have made his way into and out of Liskeard House and committed even a single murder, in the time available. The superintendent jotted down a list of the independent testimonies which went to the making of thealibi.
10.15 or so. Shown out of Liskeard House by Winter.
10.20 or so. Seen by porter at Piccadilly Theatre walking up Piccadilly towards the Circus.
10.45. Seen in Leicester Square by Kitty Frensham and Horace Mandleham.
11.20 or so. Seen in Piccadilly Circus by night-watchman.
11.30 or so. Seen by taxi-driver near Liskeard Street in Piccadilly (exact time uncertain).
11.35 (about). Seen, at time not precisely fixed, but it must have been at this time, by “the Spaniard,” leaning on the parapet and then walking along the top of Trafalgar Square.
11.45. Seen by witness of unknown occupation at the top of Whitehall and followed by him up Cockspur Street and Regent Street, as far as the corner of Jermyn Street.
12 midnight. Seen by night-porter entering the Byron Club (the porter is positive he did not go out again).
When the last witness had withdrawn the superintendent looked at his notes.
“What do you make of it now?” asked Thomas. The reply, unhesitatingly given, was that thealibiseemed to be conclusive.
“I admit,” said the superintendent, “that for a time we were barking up the wrong tree. There remain, of course, to be explained the telephone message and the presence of your client’s stick. I don’t say that we shan’t have to test even thealibifurther—some of your witnesses are of rather doubtful character. But personally I admit that I have no doubt about it; indeed, quite apart from thealibi, I had already made up my mind on other grounds that your client was innocent. Your discoveries merely confirm my opinion.”
“Then you agree,” said Thomas, “that my client ought to be released.”
“Before you answer that question, sir,” put in Inspector Blaikie, “may I have a word? I admit that what we have just heard is very powerful testimony; but surely the telephone message proves that Mr. Brooklyn was in the house, and therefore that there is something wrong with thealibi. To say nothing of the stick. I hope you won’t agree to a release at least until there has been time to look into the matter further.”
The superintendent rose from his chair. “You will excuse us for a moment,” he said to the others, and he beckoned to the inspector to follow him into the adjoining room. “My dear inspector,” he said, when he had shut the door, “you will kindly leave me to manage this affair.”
The inspector replied, “Certainly, sir”; but he added, half to himself, “All the same, I believe he did it.”
“I shall order release—I mean I shall announce that the prosecution is withdrawn, and get the man released as soon as possible. To my mind thealibiis quite convincing. But, even apart from it, I was going to tell you this morning that I proposed to recommend Walter Brooklyn’s release. I will explain my reasons when the others have gone. You leave it to me.”
The inspector said nothing, but followed his superior officer back into the other room.
“Well, Mr. Thomas,” said the superintendent, “I shall certainly offer no opposition to your client’s release. Will you take the necessary steps on your side?”
Thomas said that he would, and the superintendent added that, in that case, there should be neither difficulty nor delay. Only formal evidence of arrest had been offered before the magistrate, and they might now consider the charge as definitely dropped.
Joan began to thank him; but he stopped her.
“It is not a matter for thanks,” he said. “We appear to have arrested the wrong man, and the need for apologies, if it exists, is on our side. You will, however, agree that appearances were strongly against Mr. Brooklyn, and that we could hardly have taken any other course. Indeed, it seems clear that whoever did commit the murder, or murders, must have deliberately planned to throw suspicion on your stepfather. That, I think, furnishes an important clue.”
“But I suppose you have now no idea at all who the murderer was?”
“It is hardly fair to ask me that question, Miss Cowper,” said the superintendent, smiling. “You come here, and knock the police theory into smithereens, and then you ask us if we have another theory ready-made. No. We have not a theory, but we do possess certain very important clues.”
At this point Thomas had a word to say. “It is just possible that I may be able to help you there. In preparing for the defence of my client, I had, of course, to consider who the criminal, or criminals, might be, and to make certain inquiries. I lighted on certain information which you may find useful. I am not likely to need it now; but I will gladly make you a present of it for what it is worth.”
“What is your information?”
“I believe you have been watching certain of the servants at Liskeard House—Morgan, I mean, and the butler, Winter.”
The superintendent glanced at Inspector Blaikie, who nodded.
“You may, or may not, have discovered that the man Winter had a very strong personal cause of quarrel with Mr. Prinsep; quite enough, I think, to be the motive of a serious crime.”
The superintendent again looked towards Inspector Blaikie, who very slightly shook his head. Then he said to Thomas, “I think you had better tell us all you know.”
“Well, to begin with, the butler had a violent quarrel with Mr. Prinsep a few days before the murder, and was practically given notice to leave. That can be proved by the evidence of the maidservants and of Morgan.”
“This is the first I’ve heard of it,” said Joan, “and what’s more, I don’t believe it. Winter is a very old and trusted family servant. I am sure Mr. Prinsep would not have given him notice.”
“The maids say that the notice was not quite definite, and that Winter was not sure whether he would have to go or not. He spoke to Morgan about it. But the evidence as to the quarrel is quite decisive.”
“I think it’s horrible,” said Joan. “I’m every bit as sure that Winter had nothing to do with it as I am about my stepfather. And what if they did have a quarrel? John—Mr. Prinsep, I mean—was always hot-tempered.”
“I have not yet told the inspector what the quarrel was about. It was about the girl Winter was engaged to—a girl down at Fittleworth—the head gardener’s daughter, I believe. I understand that Mr. Prinsep had some relations with her, and Winter objected.”
At this Joan suddenly went red all over; but she said nothing. The superintendent, who was watching her, said very quietly, “Do you know this girl, Miss Cowper, and can you throw any light on the incident? I am sorry to ask; but—” he paused for her answer.
“Of course I know the girl well; but I would rather not speak of it. I had no idea that she was to be married to Winter.”
“Very well, Miss Cowper. I see that you do know, and that there is some truth in the story. Can you say that there is not?”
“I prefer not to say anything.”
“That will do. I see your point, Mr. Thomas. This certainly provides what we have been seeking—a possible motive for Mr. Prinsep’s murder. But, of course, it is merely a possible indication. There is no evidence against Winter, as far as I am aware.”
“That, Mr. Superintendent, is entirely your business. I merely gave you what information I had gathered. Tracking down the criminal is fortunately no concern of mine.”
“Quite so. And that is the whole of your information?”
“Yes. Apart from that I know no more than you know already.”
“Then I can only thank you for the help you have given; and assure you that everything possible shall be done to expedite your client’s release. And, by the way, you had better say nothing to any one else of what you have just told me.” And thereupon, with the skill born of long practice, the superintendent bowed his visitors out of the room. To Inspector Blaikie he spoke a word, asking him to remain for a few minutes’ discussion.
Joan’s indignation burst forth as soon as she was outside the building. She was particularly angry with Thomas.
“I call it abominable. We have just succeeded in clearing one innocent man, whom an hour or two ago you believed to be guilty: and now you are wantonly throwing suspicion on some one else. What business is it of yours? I know Winter had nothing to do with it.”
“That is all very well, Miss Cowper; but it was my duty to tell the police, and, moreover, by doing so, I probably speeded up Mr. Brooklyn’s release by at least twenty-four hours. It is always wise to have the police on your side—when you can.”
“If it was your duty, why didn’t you tell the police when you first found it out?”
“I will be quite frank with you, Miss Cowper. I did not, because, until your very smart work in proving Mr. Brooklyn’salibi, my best chance of getting him off was to be able to throw unexpected suspicion on some one else at the trial.”
“I call it beastly—even to think of using methods like that.”
Thomas was very suave. “But I suppose, Miss Cowper, you would not have liked to see your stepfather condemned. I had to do the best I could.”
“I don’t care. It can’t be right to throw suspicion on an innocent man like that. Do you—yourself—believe Winter did it? Why didn’t you do what he did—clear my stepfather by proving the truth of what he said?”
“Perhaps, Miss Cowper, it was because I am not so clever as you are. I have already congratulated you on the way you have managed this affair.”
“I don’t want your congratulations. Do you believe Winter did it?”
“As to that, Miss Cowper, I do not pretend to know. It is for the police, and not for me, to find out.”
Joan, on hearing this, simply turned her back on him, and walked away. Thomas very politely raised his hat to her back, told Ellery that he must be off, and hailed a passing taxi. Ellery hurried after Joan.
For a minute after he came up with her, she strode on fast, saying nothing. Then, “Don’t you think it’s beastly?” she said.
“I agree with you that Thomas is a cad, and I don’t believe old Winter had anything to do with it. And I don’t think there was any need for him to tell the police. But he probably did it, as he said, in order to get the police on our side.”
“And now they’ll all be off full cry after Winter. I suppose they will want to arrest him next.”
Ellery shook his head. “Hardly, without more evidence than they possess. But they will probably have him watched.”
There was a further silence, during which Joan continued to walk fast, staring straight in front of her. At last she said, “I’ve been thinking, and I’m sure I see what we ought to do. So far we have only been trying to prove that my stepfather did not do it. We’ve succeeded. But at this rate we shall all of us be suspected in turn. There’s only one thing for it. There will be no peace and quietness till some one finds the criminal. I don’t believe the police will ever find him. Why shouldn’t you and I find him ourselves? We haven’t done badly so far.”
Ellery whistled. “That’s a much taller order than proving your stepfather’salibi,” he said. “But I’m game. There certainly won’t be much peace for any of us till somebody finds out who did do it. But I’m dashed if I know how to begin.”
“Neither do I, at present. We have to think it all out, and make a fresh start. Come home with me, and we’ll start planning it at once.”
“They say two heads are better than one, and I’m prepared to be your very faithful follower. But you’ll have to be Sherlock Holmes, I’m afraid.”
“Come along then, Watson. But try not to be as stupid as your namesake.”