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have arrested him, and unless something turns up the magistrate must commit him for trial on the evidence we have secured."

"Poor Frank!" she said softly.

"It is rough on him, if he is innocent," agreed Nash, "but it is lucky for him if he's guilty. My experience of crime and criminals is that it is generally the obvious man who commits that crime; only once in fifty years is he innocent, whether he is acquitted or whether he is found guilty."

He offered his hand to Mr. Mann.

"I'll be getting along now, sir," he said. "The commissioner asked me to give you all the assistance I possibly could, and I hope I have done so."

"What are you doing in the case of Jasper Cole?" asked Mann quickly.

The detective smiled.

"You ought to know, sir," he said, and was amused at his own little joke.

"Well, young lady," said Mann, turning to the girl, after the detective had gone, "I think you know how matters stand. Nash suspects Cole."

"Jasper!" she said, in shocked surprise.

"Jasper," he repeated.

"But that is impossible! He was locked in his room."

"That doesn't make it impossible. I know of fourteen distinct cases of men who committed crimes and were able to lock themselves in their rooms, leaving the key outside. There was a case of Henry Burton, coiner; there was William Francis Rector, who killed a warder while in prison and locked the cell upon himself from the inside. There was--But there; why should I bother you with instances? That kind of trick is common enough. No," he said, "it is the motive that we have to find. Do you still want me to go with you to-morrow, Miss Nuttall?" he asked.

"I should be very glad if you would," she said earnestly. "Poor, dear uncle! I didn't think I could ever enter the house again."

"I can relieve your mind about that," he said. "The will is not to be read in the house. Mr. Minute's lawyers have arranged for the reading at their offices in Lincoln's Inn Fields. I have the address here somewhere."

He fumbled in his pocket and took out a card.

"Power, Commons & Co.," he read, "194 Lincoln's Inn Fields. I will meet you there at three o'clock."

He rumpled his untidy hair with an embarrassed laugh.

"I seem to have drifted into the position of guardian to you, young lady," he said. "I can't say that it is an unpleasant task, although it is a great responsibility."

"You have been splendid, Mr. Mann," she said warmly, "and I shall never forget all you have done for me. Somehow I feel that Frank will get off; and I hope--I pray that it will not be at Jasper's expense."

He looked at her in surprise and disappointment.

"I thought--" he stopped.

"You thought I was engaged to Frank, and so I am," she said, with heightened color. "But Jasper is--I hardly know how to put it."

"I see," said Mr. Mann, though, if the truth be told, he saw nothing which enlightened him.

Punctually at three o'clock the next afternoon, they walked up the steps of the lawyers' office together. Jasper Cole was already there, and to Mr. Mann's surprise so also was Inspector Nash, who explained his presence in a few words.

"There may be something in the will which will open a new viewpoint," he said.

Mr. Power, the solicitor, an elderly man, inclined to rotundity, was introduced, and, taking his position before the fireplace, opened the proceedings with an expression of regret as to the circumstances which had brought them together.

"The will of my late client," he said, "was not drawn up by me. It is written in Mr. Minute's handwriting, and revokes the only other will, one which was prepared some four years ago and which made provisions rather different to those in the present instrument. This will"--he took a single sheet of paper out of an envelope--"was made last year and was witnessed by Thomas Wellington Crawley"--he adjusted his pince-nez and examined the signature--"late trooper of the Matabeleland mounted police, and by George Warrell, who was Mr. Minute's butler at the time. Warrell died in the Eastbourne hospital in the spring of this year."

There was a deep silence. Saul Arthur Mann's face was eagerly thrust forward, his head turned slightly to one side. Inspector Nash showed an unusual amount of interest. Both men had the same thought--a new will, witnessed by two people, one of whom was dead, and the other a fugitive from justice; what did this will contain?

It was the briefest of documents. To his ward he left the sum of two hundred thousand pounds, "a provision which was also made in the previous will, I might add," said the lawyer, and to this he added all his shares in the Gwelo Deep.

"To his nephew, Francis Merrill, he left twenty thousand pounds."

The lawyer paused and looked round the little circle, and then continued:

"The residue of my property, movable and immovable, all my furniture, leases, shares, cash at bankers, and all interests whatsoever, I bequeath to Jasper Cole, so-called, who is at present my secretary and confidential agent."

The detective and Saul Arthur Mann exchanged glances, and Nash's lips moved.

"How is that for a 'motive'?" he whispered.


CHAPTER XII

THE TRIAL OF FRANK MERRILL


The trial of Frank Merrill on the charge that he "did on the twenty-eighth day of June in the year of our Lord one thousand nine hundred--wilfully and wickedly kill and slay by a pistol shot John Minute" was the sensation of a season which was unusually prolific in murder trials. The trial took place at the Lewes Assizes in a crowded courtroom, and lasted, as we know, for sixteen days, five days of which were given to the examination in chief and the cross-examination of the accountants who had gone into the books of the bank.

The prosecution endeavored to establish the fact that no other person but Frank Merrill could have access to the books, and that therefore no other person could have falsified them or manipulated the transfer of moneys. It cannot be said that the prosecution had wholly succeeded; for when Brandon, the bank manager, was put into the witness box he was compelled to admit that not only Frank, but he himself and Jasper Cole, were in a position to reach the books.

The opening speech for the crown had been a masterly one. But that there were many weak points in the evidence and in the assumptions which the prosecution drew was evident to the merest tyro.

Sir George Murphy Jackson, the attorney general, who prosecuted, attempted to dispose summarily of certain conflictions, and it had to be confessed that his explanations were very plausible.

"The defense will tell us," he said, in that shrill, clarion tone of his which has made to quake the hearts of so many hostile witnesses, "that we have not accounted for the fourth man who drove up in his car ten minutes after Merrill had entered the house, and disappeared, but I am going to tell you my theory of that incident.

"Merrill had an accomplice who is not in custody, and that accomplice is Rex Holland. Merrill had planned and prepared this murder, because from some statement which his uncle had made he believed that not only was his whole future dependent upon destroying his benefactor and silencing forever the one man who knew the extent of his villainy, but he had in his cold, shrewd way accurately foreseen the exact consequence of such a shooting. It was a big criminal's big idea.

"He foresaw this trial," he said impressively; "he foresaw, gentlemen of the jury, his acquittal at your hands. He foresaw a reaction which would not only give him the woman he professes to love, but in consequence place in his hands the disposal of her considerable fortune.

"Why should he shoot John Minute? you may ask; and I reply to that question with another: What would have happened had he not shot his uncle? He would have been a ruined man. The doors of his uncle's house would have been closed to him. The legacy would have been revoked, the marriage for which he had planned so long would have been an unrealized dream.

"He knew the extent of the fortune which was coming to Miss Nuttall. Mr. Minute made two wills, in both of which he left an identical sum to his ward. The first of these, revoked by the second and containing the same provision, was witnessed by the man in the dock! He knew, too, that the Rhodesian gold mine, the shares of which were held by John Minute on the girl's behalf, was likely to prove a very rich proposition, and I suggest that the information coming to him as Mr. Minute's secretary, he deliberately suppressed that information for his own purpose.

"What had he to gain? I ask you to believe that if he is acquitted he will have achieved all that he ever hoped to achieve."

There was a little murmur in the court. Frank Merrill, leaning on the ledge of the dock, looked down at the girl in the body of the court, and their eyes met. He saw the indignation in her face and nodded with a little smile, then turned again to the counsel with that eager, half-quizzical look of interest which the girl had so often seen upon his handsome face.

"Much will be made, in the course of this trial, of the presence of another man, and the defense will endeavor to secure capital out of the fact that the man Crawley, who it was suggested was in the house for an improper purpose, has not been discovered. As to the fourth man, the driver of the motor car, there seems little doubt but that he was an accomplice of Merrill. This mysterious Rex Holland, who has been identified by Mrs. Totney, of Uckfield, spent the whole of the day wandering about Sussex, obviously having one plan in his mind, which was to arrive at Mr. Minute's house at the same time as his confederate.

"You will have the taxi-driver's evidence that when Merrill stepped down, after being driven from the station, he looked left and right, as though he were expecting somebody. The plan to some extent miscarried. The accomplice arrived ten minutes too late. On some pretext or other Merrill probably left the room. I suggest that he did not go into the dining room, but that he went out into the garden and was met by his accomplice, who handed him the weapon with which this crime was committed.

"It may be asked by the defense why the accomplice, who was presumably Rex Holland, did not himself commit the crime. I could offer two or three alternative suggestions, all of which are feasible. The deceased man was shot at close quarters, and was found in such an attitude as to suggest that he was wholly unprepared for the attack. We know that he was in some fear and that he invariably went armed; yet it is fairly certain that he made no attempt to draw his weapon, which he certainly would have done had he been suddenly confronted by an armed stranger.

"I do not pretend that I am explaining the strange relationship between Merrill and this mysterious forger. Merrill is the only man who has seen him and has given a vague and somewhat confused description of him. 'He was a man with a
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