The next witness called was Adolf Wolfstein, a waiter in Prevost's Restaurant.
The Attorney-general. "Your name is Adolf Wolfstein?"
Witness. "Yes."
The Attorney-general. "What is your trade?"
Witness. "I am a waiter."
The Attorney-general. "Where are you employed?"
Witness. "At Prevost's, in Church Street, Soho."
The Attorney-general. "How long have you been in employment there?"
Witness. "A little more than seven weeks."
The Attorney-general. "Do you remember the date on which you entered your present service?"
Witness. "Yes, it was the 25th of March."
The Attorney-general. "So that the 25th of March is impressed upon your memory?"
Witness. "It is for another reason impressed upon my memory."
The Attorney-general. "Simply answer the questions I put to you. You are a German?"
Witness. "No, I am French."
The Attorney-general. "But your name is German, is it not?"
Witness. "Wolfstein is. It was my father's name, who settled in France when he was a young man."
The Attorney-general. "You understand English perfectly?"
Witness. "Oh yes; perfectly. I spoke it when I was a boy."
The Attorney-general. "Look at the prisoner. Do you recognize him?"
Witness. "Yes."
The Attorney-general. "Did you see him on the 25th of March?"
Witness. "Yes. Monsieur came to the restaurant on that day."
The-Attorney-general. "At what hour?"
Witness. "At eleven o'clock at night."
The Attorney-general. "Was he alone?"
Witness. "No; monsieur had a lady with him."
The Attorney-general. "Did he occupy a private room? If you wish to explain yourself on this matter you can do so."
Witness. "I was coming down-stairs when I saw monsieur enter from the street with a lady. He looked about him, and seeing me, asked if he could have supper in a private room. I showed monsieur and madame up-stairs to a room in which I served."
The Attorney-general. "What occurred then?"
Witness. "I handed monsieur themenu."
The Attorney-general. "In English, the bill of fare?"
Witness. "Yes."
The Attorney-general. "What did he order?"
Witness. "Tortue claire."
The Attorney-general. "In English, clear turtle soup?"
Witness. "Yes."
The Attorney-general. "Did he consult the lady?"
Witness. "No."
The Attorney-general. "Was he long in selecting the kind of soup he ordered?"
Witness. "No. It was on the instant."
The Attorney-general. "He merely glanced at the bill of fare?"
Witness. "That is so."
The Attorney-general. "Did you get the soup and place it before him?"
Witness. "I first asked monsieur, For two?' He said, quickly, 'Yes, for two.' Then I served it."
The Attorney-general. "In a tureen?"
Witness. "Yes, in a tureen."
The Attorney-general. "When you placed the soup before him, did he order any wine?"
Witness. "I handed monsieur the wine-list, and he said, 'Champagne.' I asked him of what kind. He said, 'The best.'"
The Attorney-general. "You brought the best?"
Witness. "Yes."
The Attorney-general. "That is, the most expensive?"
Witness. "Of necessity."
The Attorney-general. "When you placed the wine before him, did you observe anything that struck you as unusual?"
Witness. "Yes; it was that, like other people, they should have been drinking their soup, or have finished it; but they had not drunk it."
The Attorney-general. "Had it been served from the tureen into their plates?"
Witness. "No, not a spoonful. It was as I brought it--not touched."
The Attorney-general. "As they were not eating, what were they doing?"
Witness. "They were engaged in conversation."
The Attorney-general. "Very earnestly?"
Witness. "Very earnestly."
The Attorney-general. "And speaking very low?"
Witness. "Very low."
The Attorney-general. "Did you hear anything they said?"
Witness. "Not a word."
The Attorney-general. "Upon observing that they had not commenced their soup, did you make any remark?"
Witness. "Yes. I said, 'Does not monsieur like the soup?'"
The Attorney-general. "What was his answer?"
Witness. "He answered, 'Oh yes, it is very good,' and slightly pushed the tureen away with his hand."
The Attorney-general. "Indicating that he had done with it?"
Witness. "I regarded it so, and I removed it."
The Attorney-general. "Did he object to its being removed?"
Witness. "No, not at all."
The Attorney-general. "Did the lady object--did she seem surprised?"
Witness. "No; she said not a word, nor did she look surprised."
The Attorney-general. "Your answer to the last question causes me to ask whether the lady was old or young?"
Witness. "But I do not know."
The Attorney-general. "You said she did not look surprised?"
Witness. "It is that she did not appear surprised. She did not look up. In truth, she had her veil down."
The Attorney general. "Had she removed her cloak?"
Witness. "No."
The Attorney-general. "Did she keep it on all the time she was in the room?"
Witness. "Yes; all the time."
The Attorney-general. "Now, when you asked the prisoner if he liked the soup, and he answered, 'Oh yes, it is very good,' you were surprised to find that they had not drunk a spoonful?"
Witness. "Why, yes, it was surprising."
The Attorney-general. "Did the prisoner pour out the champagne?"
Witness. "I filled a glass for madame and one for monsieur."
The Attorney-general. "Did the prisoner order another dish?"
Witness. "I asked monsieur, 'What will you have to follow?' and handed him themenu--the bill of fare. He said, 'Salmon cutlets.' 'For two, monsieur?' I asked. 'For two,' he said. I served them."
The Attorney-general. "Did he at any time summon you by ringing the bell?"
Witness. "No. It appeared to me that monsieur did not wish to be disturbed therefore I did not disturb him, but I noticed--"
The Attorney-general. "You noticed what?"
Witness. "That, as with the soup, monsieur ate nothing, and helped madame to nothing. I waited till I thought it was time, and then I went to the table and asked whether he did not like the salmon cutlets. Monsieur answered, 'Oh yes, they are very good,' and pushed them away as before. I removed them, as with the soup. What will monsieur have to follow?' I asked. 'Ices,' he said. 'Vanille?' I asked. 'Yes,' he said, 'Vanille.' I brought them. They were not eaten."
The Attorney-general. "Did they drink the wine?"
Witness. "Monsieur once raised his glass to his lips, but tasted it only, and as if he had no heart in it."
The Attorney-general. "Did he order anything else?"
Witness. "No. When I asked him, he said, 'The bill.' I brought it."
The Attorney-general. "What did it amount to?"
Witness. "One pound four shillings."
The Attorney-general. "How much of the champagne was drunk?"
Witness. "Half a glass--not more."
The Attorney-general. "Did not the lady drink any of hers?"
Witness. "Not any."
The Attorney-general. "Did the prisoner make any remark as to the amount of the bill?"
Witness. "Oh no; he gave me a sovereign and a half-sovereign, and said, 'That will do.'"
The Attorney-general. "Meaning that you could keep the change?"
Witness. "I took it so, and he said nothing."
The Attorney-general. "A good customer?"
Witness. "A very good customer. Not many such."
The Attorney-general. "Without a murmur or a remark, the prisoner paid you thirty shillings for half a glass of champagne?"
Witness. "That is so. It was, as I say, surprising. I did not forget it."
The Attorney-general. "It was not a circumstance to forget. You say that the lady who accompanied the prisoner did not remove her cloak or veil. Was that the case the whole of the time she was in the room?"
Witness. "The whole of the time."
The Attorney-general. "Her gloves--did she wear those the whole of the time?"
Witness. "But, no. I remember once seeing her hand ungloved."
The Attorney-general. "Her right or left hand? Be particular in your answer, and think before you speak, if it is necessary. My object is to ascertain whether the lady was married, and wore a wedding-ring."
Witness (smiling). "But a wedding-ring matters not. Those wear them who are not married."
The Attorney-general. "Reply to my question. Was it her right or her left hand which you saw ungloved?"
Witness. "I cannot remember."
The Attorney-general. "Try."
Witness. "It is of no use. I cannot remember."
The Attorney-general. "Can you remember whether it was a small or a large hand?"
Witness. "It was a small white hand."
The Attorney-general. "The hand, presumably, of a lady?"
Witness. "Or of a member of the theatre. Who can tell? We have many such."
The Attorney-general. "Were there rings upon her fingers?"
Witness. "I observed one of turquoises and diamonds."
The Attorney-general. "Was it a ring with any particular setting by which it could be identified?"
Witness. "A ring set with diamonds and turquoises. That is all I know."
The Attorney-general. "Would you recognize it again if you saw it?"
Witness. "I cannot say. I think not. I did not particularly remark it."
The Attorney-general. "Did you remark the color of her gloves?"
Witness. "They were black gloves."
The Attorney-general. "Of kid?"
Witness. "Yes, of kid."
The Attorney-general. "At what time did the prisoner and his companion leave the restaurant?"
Witness. "It must have been about twelve."
The Attorney-general. "Why do you say 'It must have been about twelve?'"
Witness. "Because I did not see them leave the room."
The Attorney-general. "You can, however, fix the time within a few minutes?"
Witness. "Oh yes. At a quarter to twelve, as near as I can remember, I had occasion to go down-stairs. When I returned, after three or four minutes, monsieur and madame were gone."
The Attorney-general. "Were you aware that they had a carriage waiting for them?"
Witness. "Only that I heard so. I did not see it."
(The witness was then briefly cross-examined by the prisoner.)
Prisoner. "You say that you saw me enter the restaurant from the street, and that I asked you if I could have supper in a private room?"
Witness. "That is so."
Prisoner. "Did you show me into a private room?"
Witness. "Yes."
Prisoner. "Where other persons could not enter?"
Witness. "Oh no; it was a room for six or eight persons."
Prisoner. "During the time I was there, did you attend to other persons besides me?"
Witness. "Yes."
Prisoner. "The room was not strictly private?"
Witness. "As private as I have said."
Prisoner. "What was the first thing I did when I went to the table you pointed out to me?"
Witness. "You removed your overcoat. It was wet with rain; and it surprised me that madame did not remove hers, which was also wet with rain."
Mr. Justice Fenmore. "Do not make remarks. Simply answer the questions put to you."
Witness. "Yes, my lord."
Prisoner. "What did I do with the overcoat when I had taken it off?"
Witness. "You hung it up behind you."
Prisoner. "On a peg in the wall?"
Witness. "Yes."
Prisoner. "Was this peg quite close to the table at which I sat?"
Witness. "No, it was at a little distance."
Prisoner. "At the back of me?"
Witness. "Yes."
Prisoner. "Did I put the overcoat on before I left the room?"
Witness. "Yes."
Mr. Justice Fenmore. "You have said in examination that you did not see the prisoner and his companion leave the room."
Witness. "But when I returned, after being away for three or four minutes, monsieur was gone, and the coat was also gone."
Prisoner. "Then you did not see me put on the overcoat?"
Witness. "No."
Prisoner. "I have nothing more to ask you."
Re-examined. "Would you be able to recognize the overcoat which the prisoner wore?"
Witness. "Oh yes; it was remarkable."
The Attorney-general. "Is this it?" (Ulster produced.)
Witness. "Yes; it is the same."
At this stage the court adjourned for luncheon.
Upon the reassembling of the court, the first witness called was Lumley Rich.
The Attorney-general. "You belong to the detective force?"
Witness. "I do."
The Attorney-general. "On the 26th of March were you called to the prisoner's house?"
Witness. "Yes."
The Attorney-general. "At what hour of the morning?"
Witness. "At seven o'clock."
The Attorney-general. "Was the prisoner in the house at the time?"
Witness. "He was not."
The Attorney-general. "Whom did you see for the purpose of information?"
Witness. "The prisoner's coachman, James Moorhouse, and Ida White, lady's-maid, and other servants."
The Attorney-general. "What passed between you and the coachman?"
Witness. "I asked him at what time on the previous night the prisoner returned home. He said at about twenty minutes past twelve, and that the prisoner entered his house accompanied by a lady, opening the street door with his latch-key. I asked him if he had seen the prisoner since, and he replied that he had not. I asked him from what part of his dress the prisoner took the latch-key, and he replied, from the pocket of the ulster he wore."
The Attorney-general. "Although the prisoner was not at home, was this ulster in his house?"
Witness. "Yes, it was hanging on the coat-rack in the hall."
The Attorney-general. "Did you take possession of it?"
Witness. "I did."
The Attorney-general. "Did you search the pockets?"
Witness. "Yes."
The Attorney-general. "What did you find in them?"
Witness. "The latch-key of the street door and a playing-card."
The Attorney-general. "Nothing else?"
Witness. "Nothing else."
The Attorney-general. "Is this the latch-key?" (Latch-key produced.)
Witness. "It is."
The Attorney-general. "Is this the playing-card?" (Playing-card, the Nine of Hearts, produced.)
Witness. "It is."
The Attorney-general. "How do you recognize it?"
Witness. "By a private mark I put in the corner."
The Attorney-general. "There was absolutely nothing else in the pockets of the ulster?"
Witness. "Nothing else."
The Attorney-general. "Did you see the prisoner before you left the house?"
Witness. "I did."
The Attorney-general. "Describe what passed."
Witness. "The prisoner suddenly made his appearance while I was questioning the servants, and inquired my business there. I told him I was an officer, and that I was there because of his wife being found dead in her bed. 'Dead!' he cried; 'my wife!' and he rushed to her room. I followed him. He looked at her and sunk into a chair. He seemed stupefied. I had his ulster coat hanging on my arm, and I told him I had taken possession of it. He nodded vacantly. A moment or two afterwards he laid his hand upon the ulster, and demanded to know where I had obtained it. I informed him from the coat-rack in the hall. He cried, 'Impossible!' and as it seemed to me he was about to speak again, I informed him that anything he said might be used in evidence against him. 'In evidence!' he cried, 'against me!' 'Yes,' I replied; there has been murder done here.' 'Murder!' he cried; 'and I am suspected!' To that remark I did not reply, but repeated my caution. He said, 'Thank you,' and did not utter another word."
The prisoner did not cross-examine the witness; and this was the more surprising as it was remarked by all in court that upon the production of the playing-card, the Nine of Hearts, he was greatly agitated.
The next witness called was Ida White, an attractive-looking woman about thirty years of age.
The Attorney-general. "What is your name?"
Witness. "Ida White."
The Attorney-general. "Do you know the prisoner?"
Witness. "Yes; he was my master."
The Attorney-general. "In what capacity were you employed?"
Witness. "I was lady's-maid to his wife, my poor dead mistress."
The Attorney-general. "Were you in her service before she was married?"
Witness. "Yes."
The Attorney-general. "What was her maiden name?"
Witness. "Agnes Beach."
The Attorney-general. "When you first entered her service were her parents alive?"
Witness. "Both of them."
The Attorney-general. "Do they still live?"
Witness. "No. Mrs. Beach died on my mistress's wedding-day; Mr. Beach died in February of this year."
The Attorney-general. "Was your late mistress very much affected at her mother's death?"
Witness. "She almost lost her reason. She fell into a fever, and was scarcely expected to live. It was weeks before she recovered."
The Attorney-general. "Have you any knowledge of the circumstances of your mistress's engagement with the prisoner?"
Witness. "She was very much in love with him."
The Attorney-general. "And he with her?"
Witness. "I don't think so."
The Attorney-general. "And according to your observation, not being in love with her, he engaged himself to her?"
Witness. "Yes."
The Attorney-general. "Was she a good-looking woman?"
Witness. "She would not generally be considered so."
The Attorney-general. "Is this a fairly good likeness of her?"
(Photograph of the deceased produced, which, after the witness had examined it, was handed to the jury. It represented a woman, very plain, with a face which seemed to lack intelligence.)
Witness. "It is very like her."
The Attorney-general. "Was she strong-minded?"
Witness. "No, she was not but she was very obstinate when she took it into her head."
The Attorney-general. "How old was she at the time of her engagement with the prisoner?"
Witness. "Twenty-eight."
The Attorney-general. "Do you know the prisoner's age at the time?"
Witness. "My mistress told me he was twenty-four."
The Attorney-general. "Was she well-formed?"
Witness. "No."
The Attorney-general. "Had she a good figure?"
Witness. "No."
The Attorney-general. "Many plain women have some peculiar attraction, either in manners or features. Had she anything of this kind to distinguish her?"
Witness. "I cannot say she had."
The Attorney-general. "But there might have been other attractions. Was she brilliant in conversation?"
Witness. "On the contrary. She had very little to say for herself upon general subjects."
The Attorney-general. "But she was passionately in love with the prisoner?"
Witness. "Passionately."
The Attorney-general. "Did she limp?"
Witness. "Yes. One leg was shorter than the other."
The Attorney-general. "Had she known the prisoner for any length of time before the engagement?"
Witness. "For a few weeks only, I believe."
The Attorney-general. "In what way did he make her acquaintance?"
Witness. "He came to the house."
The Attorney-general. "In a friendly way?"
Witness. "He came first upon business."
The Attorney-general. "To see whom?"
Witness. "My mistress's father, Mr. Beach."
The Attorney-general. "Upon what business?"
Witness. "Upon betting business, my mistress said."
The Attorney-general. "What was Mr. Beach's occupation?"
Witness. "He was a book-maker."
The Attorney-general. "A betting man?"
Witness. "Yes. He used to make large books."
The Attorney-general. "On racing?"
Witness. "Yes."
The Attorney-general. "Was he an educated man?"
Witness. "No."
The Attorney-general. "Would you call him a vulgar man?"
Witness. "Yes."
The Attorney-general. "Did he move in good society?"
Witness. "He did not."
The Attorney-general. "But he was rich?"
Witness. "Very rich. He drank a great deal of champagne."
The Attorney-general. "You say the prisoner first came to the house upon business. Do you know upon what particular business?"
Witness. "It was something about horses, and bets he had made upon them."
The Attorney-general. "Bets which he had lost?"
Witness. "Yes."
The Attorney-general. "How was it that your mistress became acquainted with him on that occasion, when the fact was that he came upon business?"
Witness. "He was asked by Mr. Beach to stay to dinner, and he stayed."
The Attorney-general. "Mr. Beach, you say, was not in good society. Had he any desire to get into it?"
Witness: "He was crazy about it."
The Attorney-general. "Upon the first occasion of the prisoner dining at Mr. Beach's house, did your mistress make any remark with reference to the prisoner?"
Witness. "She never ceased speaking about him. She said she had seen the handsomest man in the world."
The Attorney-general. "Narrate as briefly as you can what occurred between your mistress and the prisoner up to the time they were engaged."
Witness. "He came five or six times to the house, and every time he came my mistress was more and more in love with him. I understood from what she told me that he was in difficulties, and that he had lost a great deal of money at horse-racing."
The Attorney-general. "Did he keep racing horses?"
Witness. "I did not understand that, but that he had been betting upon horses. There was money owing not only to Mr. Beach, but to other book-makers as well, and the prisoner wished Mr. Beach to arrange the whole matter. 'Those things are easily arranged,' I said to my mistress; 'all you have to do is to pay.' 'But supposing you haven't the money to pay?' asked my mistress. 'I thought Mr. Layton was a gentleman,' I said. 'There are poor gentlemen as well as rich gentlemen,' my mistress said, 'and my papa gets a lot of money out of all sorts of people.' That was true enough; I have heard him and his friends chuckling over it many times, and Mr. Beach used to call them a lot of something fools. I heard a great deal about 'swells,' as Mr. Beach called them, being ruined by backing horses, and I knew that that was the way he had grown rich. He used to say that he had got a lot of stuck-up swells under his thumb. 'Ican arrange Mr. Layton's business with papa,' my mistress said; and when I found her practising songs at the piano, out of time and out of tune--for she had no ear for music--I knew that she was making up to him. It came about as she wished, and one night she told me she was the happiest woman in the world--that Mr. Layton had proposed and she had accepted him."
The Attorney-general. "Were there rejoicings in the house?"
Witness. "A good many big dinners were given, but I can't say much for the company. My mistress was sometimes very happy, and sometimes very miserable. To-day she complained that he was cold to her, to-morrow she would go on in the most ridiculous way because he gave her a flower, as though it was better than a big diamond."
The Attorney-general. "Did he seem to be wanting in attention to her during the courtship?"
Witness. "He wasn't a very warm lover, as far as I could see. But my mistress was so much in love that she put up with anything. He had only to give her a smile or a pleasant word, and you would think she was in heaven."
The Attorney-general. "How did the prisoner get along with Mr. Beach?"
Witness. "I know they had words on two or three occasions."
The Attorney-general. "About what?"
Witness. "About the settlements. My mistress told me, and she said her father was a screw."
The Attorney-general. "A screw! What was meant by the word?"
Witness. "That he was mean and sharp, that was what she meant."
The Attorney-general. "Go on. That her father was a screw--"
Witness. "And wanted to bind Mr. Layton down too tight. He had conversations with her about it."
The Attorney-general. "He! Who?"
Witness. "Mr. Layton."
The Attorney-general. "Did he seek these conversations?"
Witness. "Oh no; they were of her seeking. She was afraid that something might occur to break off the engagement. She said to me more than once, 'If anything goes wrong, I sha'n't care to live.' I never in all my life saw a woman so madly in love as she was."
The Attorney-general. "Do you know the result of those conversations about the settlements between the prisoner and your mistress?"
Witness. "Both Mr. Beach and Mr. Layton stood out, and I don't believe either of them would have given way if my mistress had not taken it up. She and her father had some warm scenes."
The Attorney-general. "By 'warm' do you mean 'angry?'"
Witness. "Yes."
The Attorney-general. "Whose money was it that was in dispute?"
Witness. "Mr. Beach's. He was rich; Mr. Layton had no money to settle. My mistress used to say, 'I know that I am not very handsome, but I can make Mr. Layton comfortable all his life, and I am sure we shall get along very well together. Papa shall do whatever I want.'"
The Attorney-general. "Then is it your impression that the prisoner paid court to her for her money?"
Witness. "I don't think he would have looked at her else."
The Attorney-general. "And that your mistress was aware of it?"
Witness. "She must have had some notion of it, but it couldn't have been a pleasant thing for her to talk much about, and it seemed to me that she was glad to avoid it. She didn't think she was as plain as she was. No woman does."
The Attorney-general. "How was the matter finally arranged?"
Witness. "The money was settled upon my mistress, and after her death it was to go to Mr. Layton."
The Attorney-general. "Do you know what the amount was?"
Witness. "My mistress told me it was £20,000."
The Attorney-general. "Which would come absolutely into the prisoner's possession when his wife died?"
Witness. "I understood so. My mistress did say something else about the settlement. 'There's one thing I would like put in about the money,' she said, 'and that is, that it shouldn't be his if he married again; but I would not dare to mention it.'"
The Attorney-general. "Did she give you a reason for not daring to mention it?"
Witness. "Yes; that he would break the engagement."
The Attorney-general. "Now, about the wedding. Was it a private or public wedding?"
Witness. "Not private--oh no, not at all! there were at least a hundred at the wedding breakfast, and any amount of champagne was opened."
The Attorney-general. "What kind of company?"
Witness. "Mixed--very much mixed."
The Attorney-general. "Be more explicit. Were there many of Mr. Beach's set there?"
Witness. "They were all of his set."
The Attorney-general. "But some of the prisoner's friends were there as well?"
Witness. "Not one. There were words about it."
The Attorney-general. "On the wedding-day?"
Witness. "Yes."
The Attorney-general. "Words between whom?"
Witness. "Between Mr. Beach and Mr. Layton. I heard Mr. Beach say, I gave you thirty invitations to fill up and Mr. Layton answered, didn't fill up one of them. I didn't intend that a friend of mine should meet such a crew as I knew you would get together.' 'Not good enough for you, I suppose?' said Mr. Beach. 'No,' said Mr. Layton, 'decidedly not good enough,' and then he walked away."
The Attorney-general. "Did your mistress make any remark on the subject?"
Witness. "No she was too happy to find fault with anything. She was delighted, too, with the wedding presents. There was nearly a room full of them."
The Attorney-general. "Many of them from the prisoner's friends?"
Witness. "Not one."
The Attorney-general. "Do you mean to inform the court that not a single friend or relative of the prisoner's was present, and that among the wedding presents there was not a single token from his connections?"
Witness. "Not a single one."
The Attorney-general. "Well, they were married, and they went away?"
Witness. "Yes; they took the night train to Paris."
The Attorney-general. "Did you accompany them?"
Witness. "No."
The Attorney-general. "Did your mistress's mother die before they left?"
Witness. "No; some hours afterwards, and a telegram was sent on to them in Paris, at the Hotel Bristol."
The Attorney-general. "What is the next thing you remember?"
Witness. "A telegram arrived from Mr. Layton, requesting me to come to Paris immediately. We received the telegram at about two o'clock on the day after the wedding, and I went by the night train."
The Attorney-general. "Did any person meet you?"
Witness. "Yes; Mr. Layton. He said my mistress was very ill, and he took me to the hotel. She was in bed, and she remained there for several weeks. I attended her the whole of the time."
The Attorney-general. "Did she have good doctors?"
Witness. "The best that could be got."
The Attorney-general. "Was the prisoner attentive to her?"
Witness. "Pretty well;Ishouldn't have liked it."
The Attorney-general. "What do you mean by that?"
Witness. "Well, he never sat by her bedside for any length of time; he never held her hand; he never kissed her. Oh, it is easy to tell when a man loves a woman!"
The Attorney-general. "How long was it before she was able to get about?"
Witness. "Quite three months."
The Attorney-general. "Did she then return to England with her husband?"
Witness. "Not for another month. They went to Italy, and I went with them."
The Attorney-general. "Did the prisoner's attentions to his wife undergo any marked change after her convalescence? Was he more affectionate--more lovingly attentive?"
Witness. "Not that I saw. All he seemed to crave for was excitement. It was nothing but rushing here and rushing there. Every night some theatre or entertainment to go to; every day riding about, and dining out at different places."
The Attorney-general. "So that there was not much of home life?"
Witness. "None at all."
The Attorney-general. "Was this state of things agreeable to your mistress?"
Witness. "I am not sure. Sometimes she suggested to her husband that they should spend a quiet evening at home, but he always replied that he had tickets, or had taken seats, for some place of entertainment. When she spoke to me of the life they were leading, she used to say how attentive her husband was to her, and how he was always looking out for something to amuse her. But I did not regard it in that light; I thought it was more for himself than for her that he kept up such a round of excitement. It helped him to forget."
The Attorney-general. "To forget what?"
Witness. "That he was a married man."
The Attorney-general. "During those early days were there any quarrels between them?"
Witness. "No, not what you can call quarrels. Sometimes she complained, or found fault, but he seldom at that time answered her in any way to cause a quarrel--that is, so far as he was concerned. It was different afterwards. There were occasions during their honey-moon--if you can call it a honey-moon--and at first when they were settled at home, when his silence provoked my mistress, and made her madder than an open row would have done. But the more she stormed the quieter he was, and these scenes always ended in one way: Mr. Layton would leave the house, and remain absent for a good many hours. Then my poor mistress would torment herself dreadfully, and would cry her eyes out, and rave and stamp about like a distracted creature. 'He will never come back!' she would say. 'I have driven him from me! He will make away with himself! What a wretch I am!' A ring at the bell or a knock at the door would send her flying down-stairs to see if it was her husband. I was really afraid sometimes that she would go quite out of her mind. Then, when he came back, she would rush up to him and throw her arms round his neck, and sob, and fall upon her knees to ask forgiveness. It was a dreadful life to lead."
The Attorney-general. "In what way would the prisoner receive these tokens of penitence on the part of your mistress?"
Witness. "In just the same way as he received her scoldings. The one remark I heard him make to her in those days--not always in the same words, but always to the same effect--was, 'You should have more control over yourself.' I used to wonder that a man could be so provoked and keep so cool. But a person may be cold outside and hot inside."
The Attorney-general. "Do you think that was the case with the prisoner?"
Witness. "Yes, I do think so."
The Attorney-general. "Well, they came home and settled down?"
Witness. "Yes."
The Attorney-general. "Now about the home they occupied? Did they rent it, or was it their own property?"
Witness. "It was their own property. My mistress said it was purchased partly with her own money, and that it was included in the settlements."
The Attorney-general. "What do you mean by 'partly with her own money?' money she had saved or inherited?"
Witness. "No money she won upon races."
The Attorney-general. "Was she, then, in the habit of betting?"
Witness. "She used often to put money on a horse. She would say, 'Papa has given me a good tip, and I am going to put twenty or thirty pounds on. If you like, Ida, you can have half a sovereign with me.'"
The Attorney-general. "And did you?"
Witness. "Yes, because she wished me, and because I knew I was safe. Mr. Beach was a very knowing man. My mistress would back a tip he gave her at twenty-five to one. I have known her back it at fifty to one. She would do this sometimes before the weights appeared. Then her father would say, 'Aggie' (that is what he called her)--'Aggie, your horse is at ten or twelve to one. I am going to hedge part of your money for you.' As my half-sovereign was in my mistress's bet, of course I went with her and I more often won than lost."
The Attorney-general. "Without going minutely into the technicalities of horse racing and betting, may we take it that the principle of the hedging you have spoken of is wise, from a gambling point of view?"
Witness. "Oh yes. By backing a likely horse at a long price, as my mistress had the opportunity of doing through her father, and by laying against it if it comes to a short price, you reduce the chances of losing. That is good hedging."
The Attorney-general. "Can anybody do that?"
Witness. "Well, not exactly. Those who are behind the scenes have the best advantage. As a rule the people who back horses are gulls. That is why the book-makers make fortunes. They are playing at a game they know nine out of ten who bet with them are playing at a game they don't know. That is how it is. I have heard Mr. Beach say, 'The devil is on our side.'"
The Attorney-general. "Meaning on the side of the book-makers?"
Witness. "Yes."
The Attorney-general. "Were you fond of betting yourself?"
Witness. "I hated it. I only did what my mistress advised me to do, to please her."
The Attorney-general. "To return to the house which was partly paid for with the money your mistress won. Did the prisoner take an active part in the selection of the furniture?"
Witness. "He did nothing whatever. Everything was done by my mistress, and she was disappointed because he would not go with her to the different establishments she visited. But in the end she argued as she always did when he was in question. He was quite right, she said; she could not expect him to trouble himself about such things; it was a woman's business, and, by leaving everything to her, it showed that he believed she had good taste."
The Attorney-general. "When they were settled in London what kind of society did they keep?"
Witness. "At first the same as used to come to Mr. Beach's house. Mr. Beach brought them, but Mr. Layton was rude and uncivil to them, and after a time they stopped away. I must say, if he was rude and uncivil to them, they were quite as rude and uncivil to him, and if he had met them with the temper they displayed, nothing could have prevented the occurrence of disgraceful scenes. He behaved to them in exactly the same way he behaved to my mistress when they disagreed. He left the house, and did not return till they were all gone."
The Attorney-general. "Were they in the habit of coming to the house without receiving an invitation from its master?"
Witness. "I believe so. My mistress would say, 'Papa is going to bring three or four friends to dinner.' He would look at her and say nothing; and when the dinner was served Mr. Layton would be absent. Mr. Beach would then take the head of the table, and I have heard him, when he was filled with champagne--he scarcely ever drank anything else but champagne and whiskey--speak very angrily about 'the stuck-up pride of his fine gentleman son-in-law.' The other guests were not behindhand in abusing him."
The Attorney-general. "Although they were eating at his table and drinking his wine?"
Witness. "Yes. At other times in the evening, when Mr. Layton was at home with my mistress, Mr. Beach would make his appearance unexpectedly with his friends but Mr. Layton would never remain in their company. It seemed to me that Mr. Beach did these things to vex Mr. Layton, and that it was a kind of battle between them as to who should be master."
The Attorney-general. "A battle, however, in which the prisoner did not take any violent part?"
Witness. "But it ended in his being left the master of the field."
The Attorney-general. "Explain."
Witness. "After twelve months or so Mr. Beach's friends ceased entirely to come to the house. Then, when Mr. Beach came, he came alone."
The Attorney-general. "On those occasions did the prisoner remain at home?"
Witness. "Yes, whenever Mr. Beach was alone Mr. Layton remained in."
The Attorney-general. "How did they pass the time?"
Witness. "Playing billiards generally."
The Attorney-general. "Now, in all the questions I have asked and you have answered, there are two subjects upon which no definite information has been forth-coming. Give your best attention to them. Are you aware that before or at the time of the prisoner's engagement with your mistress he had been or was engaged to another lady? Take time. You have said that you were in the confidence of your mistress, and that she used to speak freely to you. At any period during these communications did she refer to another engagement?"
Witness. "It was in this way, and I can't answer the question in any other."
The Attorney-general. "Answer it as best you can."
Witness. "At one time my mistress said, 'I wonder if Mr. Layton, before he saw me, was ever in love?' That was the way it was first introduced. I did not know how to answer her without running the risk of hurting her feelings, but she pressed me, and I was forced to say I thought it very unlikely that a gentleman as good-looking as he was should not have had his fancies. She pressed me further until I said there were very few men of his age who had not been in love. She appeared distressed at this, but soon brightened up, and said, 'What is that to me so long as he is mine?' But it weighed upon her mind, as was proved by her telling me at another time that she had asked Mr. Layton whether he had ever been in love, and that he would not give her any satisfaction--which, to my mind, was quite as good as his confessing that he had been. These conversations between my mistress and me took place in the early days, and for some time after her marriage she did not say anything more about it. But when she was laid on a sick-bed--I mean within a few months of her being murdered--"
The Attorney-general. "Do not say that. It is for the jury to decide. Say within a few months of her death."
Witness. "Well, within a few months of her death she told me at least half a dozen times that she had discovered he had been in love with another lady, and that she believed he was so when he married her. She said it was wicked and abominable, and that if she saw 'the creature' she would kill her."
The Attorney-general. "Supposing this to be true, your mistress never discovered who this other lady was?"
Witness. "Never to my knowledge."
The Attorney-general. "As to your mistress's attachment to her husband, did it ever, in your knowledge, grow weaker?"
Witness. "I don't exactly know how to describe it. She loved and hated him all at once. She was torn to pieces with love and jealousy."
The Attorney-general. "Is that all you can tell us upon this subject?"
Witness. "That is all."
The Attorney-general. "I come now to the second subject. It is concerning the prisoner's family. You have informed us that not one was present at the wedding, and that not one recognized the union by sending a wedding present. Now, are you aware whether he had parents, or brothers or sisters?"
Witness. "All that I heard was that he had a father living. But I did not hear that till more than a year after the marriage."
The Attorney-general. "Who told you then?"
Witness. "My mistress. Although she confided nearly everything to me, she kept this to herself for a long time."
The Attorney-general. "Did not her father, Mr. Beach, speak about it?"
Witness. "I never heard him; I had very little to do with him. I had understood, at the time of the marriage, that Mr. Layton's father was abroad, but I had reason to believe afterwards that this was not so--that he was in England."
The Attorney-general. "Did the prisoner ever speak of it?"
Witness. "I never heard him."
The Attorney-general. "Did the prisoner's father never come to the house?"
Witness. "Never."
The Attorney-general. "Do you know whether he is alive at the present time?"
Witness. "I heard that he was dead. My mistress said so."
The Attorney-general. "Did the prisoner go into mourning?"
Witness. "He wore crape upon his hat for several weeks."
The Attorney-general. "Now, concentrate your attention upon the day and the night of the 25th of March. I wish you to narrate, concisely, all that passed, within your own knowledge, concerning the prisoner and his wife from the morning of the 25th of March until the morning of the 26th."
Witness. "At ten o'clock in the morning of the 25th my mistress's bell rang, and I went to her room. My instructions were, never to enter her room in the morning until she rang for me. There were two bell-ropes, one on each side of the bed, so that on whichever side she was lying one of them was within reach of her hand."
The Attorney-general. "Stop a moment. Did the prisoner and his wife occupy one room?"
Witness. "No."
The Attorney-general. "For how long had this been the case?"
Witness. "For a good many months. Ever since things began to get worse between them."
The Attorney-general. "Proceed. You heard your mistress's bell ring, and you entered her room at ten o'clock."
Witness. "She said that she had passed a very bad night, that she had had dreadful dreams, and that she was afraid something terrible was going to happen to her. She asked me if her husband was up, and I told her that he had just entered the breakfast-room, that I had met him on the stairs, and that he inquired whether she were awake, as he wished to speak to her before he went out. My mistress said that she also wished to speak to him, and she asked me if I knew where he was going. Of course I did not know, and I told her so. She often asked me questions which she must have known very well were not possible for me to answer. I washed her, and tidied up the room, and then she desired me to go and tell my master to come to her. I knocked at the door of the breakfast-room three or four times, and receiving no answer, I opened it. My master was sitting at the table, and he started up when I entered, just as if I had aroused him from a dream. His face was very pale, and he held a letter in his hand. I noticed that he had not touched the breakfast. I gave him my mistress's message. He nodded, and went to her room at once. The moment he entered my poor mistress began to talk, but he stopped her and ordered me out. 'Keep in the next room,' my mistress said to me--'I may want you.' I went into the next room, and remained there quite half an hour, until my mistress's bell rang again. My master rushed past me as I opened the door, and I saw that my mistress was dreadfully agitated. She was sitting up in bed, and--"
The Attorney-general. "Stop! While you were in the adjoining room did you hear anything?"
Witness. "Not distinctly."
The Attorney-general. "Do you mean by that that you could not distinguish the words that were spoken by your master and mistress?"
Witness. "I could not distinguish the words. I could only hear their voices when they spoke loudly."
The Attorney-general. "Did they speak loudly on this occasion?"
Witness. "Very loudly."
The Attorney-general. "In merriment?"
Witness. "Quite the contrary. They were quarrelling."
The Attorney-general. "That is your understanding of their voices?"
Witness. "I could not be mistaken. Nearly the whole of the time their voices were raised to a high pitch."
The Attorney-general. "Which of the two voices made the stronger impression upon you?"
Witness. "My master's. I am certain he was threatening her, as he had done many times during the last few months."
The Attorney-general. "That is an improper remark for you to make. Confine yourself strictly to the matter in hand, and to the time you are giving evidence upon. When you entered your mistress's room she was sitting up in bed, dreadfully agitated, and your master rushed past you?"
Witness. "Yes, and she called out after him, 'Never, while I am alive! You wish I were dead, don't you, so that you may be free to marry again? But I sha'n't die yet, unless you kill me!"
The Attorney-general. "You are positive she made use of these words?"
Witness. "Quite positive."
The Attorney-general. "Did the prisoner make any reply?"
Witness. "None; and his silence appeared to infuriate my mistress. She cried out after him, 'You are a villain! you are a villain!'"
The Attorney-general. "Did you see the prisoner again during the morning?"
Witness. "No. In a few minutes I heard the street door open and close, and my mistress told me to run and see whether it was her husband going out. I went to the front-room window, and saw him enter the carriage and drive away. I returned to my mistress and informed her of it. She was in a furious state, and if she had had the strength she would have dressed herself and followed him; but she was too weak, unassisted, to get out of bed."
The Attorney-general. "Upon that point you are also positive?"
Witness. "Quite positive."
The Attorney-general. "Did your mistress make you acquainted with the cause of the quarrel between her and the prisoner?"
Witness. "She told me a good deal. She said that when she married him it was the worst day's work she had ever done, and that he had deceived her from first to last. All he wanted was for her to die but although he had treated her so vilely, she had him in her power."
The Attorney-general. "What did she mean by that? Did she explain?"
Witness. "Not clearly. She spoke vaguely about papers and acceptances for money which she had, and which he wanted to get hold of. 'He should have them, every one,' she said, 'and do whatever he liked, if he would be true to me. But he is false, he is false, and I will be revenged upon him!'"
The Attorney-general. "Did you acquire this knowledge all at one time?"
Witness. "No. My mistress spoke at odd times during the day, when I went in and out of her room."
The Attorney-general. "Nothing else said?"
Witness. "Nothing that I can remember."
The Attorney-general. "Did the prisoner return to the house during the day?"
Witness. "No."
The Attorney-general. "Did you leave the house during the day?"
Witness. "No."
The Attorney-general. "Or night?"
Witness. "No."
The Attorney-general. "You remained in attendance upon your mistress?"
Witness. "Yes."
The Attorney-general. "Did she make any inquiries about her husband?"
Witness. "Oh yes. In the afternoon and evening she asked me a dozen times at least whether he had come home."
The Attorney-general. "At what time on the night of this day did you cease attendance upon your mistress?"
Witness. "At nine o'clock. She told me I need not come into the room again unless she rang."
The Attorney-general. "What then did you do?"
Witness. "I went to my own room to do some sewing."
The Attorney-general. "When you left your mistress's room was there a table by her side?"
Witness. "Yes; it was always there."
The Attorney-general. "There were certain things upon it?"
Witness. "Yes."
The Attorney-general. "What things?"
Witness. "A decanter of water, a tumbler, and a bottle of lozenges."
The Attorney-general. "Was there a label on this bottle?"
Witness. "Yes; it was labelled 'poison.'"
The Attorney-general. "Were those the sleeping-lozenges your mistress was in the habit of taking?"
Witness. "Yes."
The Attorney-general. "What was their color?"
Witness. "White."
The Attorney-general. "How many of the lozenges were in the bottle?"
Witness. "I am not sure. Ten or a dozen, I should say."
The Attorney-general. "Being labelled poison, it could not be mistaken that they were dangerous to life?"
Witness. "There could be no mistake. My mistress had told me that if a person took three or four of them at once he would go to sleep and never wake again."
The Attorney-general. "Was it considered safe to leave such dangerous narcotics within her reach?"
Witness. "She was a very prudent woman. She was fond of life; she dreaded the idea of death."
The Attorney-general. "Were there any other articles on the table?"
Witness. "Pen, ink, and paper, and a book."
The Attorney-general. "At what time did you go to bed?"
Witness. "I can't be quite exact as to the time, but it was about twelve o'clock."
The Attorney-general. "Where was your bedroom situated?"
Witness. "On the second floor."
The Attorney-general. "And your mistress's?"
Witness. "On the first floor."
The Attorney-general. "By going out of your bedroom door into the passage and leaning over the balustrade, could you see down to the ground-floor?"
Witness. "Yes, pretty clearly. It was a straight view."
The Attorney-general. "You went to bed, you say, at about twelve o'clock. Before you retired had your master returned home?"
Witness. "Yes. I was undressing when I heard the street door open and close. Then I heard a carriage drive away. I stepped out of my room softly and looked over the balustrade to make sure that it was my master. At the moment I looked down I saw him turning off the gas in the hall."
The Attorney-general. "And you saw nothing more?"
Witness. "No."
The Attorney-general. "And heard nothing more?"
Witness. "Yes, I heard something. I remained in the passage on the second floor, bending over the balustrade, and it seemed to me to be a very long time before my master made any movement. I should say five or six minutes passed before I heard him, very, very softly, ascend the stairs to the first floor. Perhaps I was fanciful, through being alone so long in my own room; but the silence in the house, and then the sound of my master coming up the stairs much more quietly than was usual with him, made me nervous, I don't know why. I fancied all sorts of things."