John Thorndyke's Cases<br />related by Christopher Jervis and edited by R. Austin Freeman, R. Austin Freeman [best pdf ebook reader txt] 📗

state of intimacy with these agreeable scoundrels, and daily becoming more and more afraid of them. In a moment of imbecility I mentioned what I had seen from the shop-window at Eastwich, and, though they passed the matter off with a joke, I could see that they were mightily disturbed by it. Their efforts to induce me to join them were redoubled, and Hearn took to calling almost daily at my house—usually with documents and signatures which he tried to persuade me to copy.

"A few evenings ago he made a new and startling proposition. We were walking in my garden, and he had been urging me once more to rejoin the gang—unsuccessfully, I need not say. Presently he sat down on a seat against a yew-hedge at the bottom of the garden, and, after an interval of silence, said suddenly:

"'Then you absolutely refuse to go in with us?'

"'Of course I do,' I replied. 'Why should I mix myself up with a gang of crooks when I have ample means and a decent position?'

"'Of course,' he agreed, 'you'd be a fool if you did. But, you see, you know all about this Eastwich job, to say nothing of our other little exploits, and you gave us away once before. Consequently, you can take it from me that, now Jezzard has run you to earth, he won't leave you in peace until you have given us some kind of a hold on you. You know too much, you see, and as long as you have a clean sheet you are a standing menace to us. That is the position. You know it, and Jezzard knows it, and he is a desperate man, and as cunning as the devil.'

"'I know that,' I said gloomily.

"'Very well,' continued Hearn. 'Now I'm going to make you an offer. Promise me a small annuity—you can easily afford it—or pay me a substantial sum down, and I will set you free for ever from Jezzard and the others.'

"'How will you do that?' I asked.

"'Very simply,' he replied. 'I am sick of them all, and sick of this risky, uncertain mode of life. Now I am ready to clean off my own slate and set you free at the same time; but I must have some means of livelihood in view.'

"'You mean that you will turn King's evidence?' I asked.

"'Yes, if you will pay me a couple of hundred a year, or, say, two thousand down on the conviction of the gang.'

"I was so taken aback that for some time I made no reply, and as I sat considering this amazing proposition, the silence was suddenly broken by a suppressed sneeze from the other side of the hedge.

"Hearn and I started to our feet. Immediately hurried footsteps were heard in the lane outside the hedge. We raced up the garden to the gate and out through a side alley, but when we reached the lane there was not a soul in sight. We made a brief and fruitless search in the immediate neighbourhood, and then turned back to the house. Hearn was deathly pale and very agitated, and I must confess that I was a good deal upset by the incident.

"'This is devilish awkward,' said Hearn.

"'It is rather,' I admitted; 'but I expect it was only some inquisitive yokel.'

"'I don't feel so sure of that,' said he. 'At any rate, we were stark lunatics to sit up against a hedge to talk secrets.'

"He paced the garden with me for some time in gloomy silence, and presently, after a brief request that I would think over his proposal, took himself off.

"I did not see him again until I met him last night on the yacht. Pitford called on me in the morning, and invited me to come and dine with them. I at first declined, for my housekeeper was going to spend the evening with her sister at Eastwich, and stay there for the night, and I did not much like leaving the house empty. However, I agreed eventually, stipulating that I should be allowed to come home early, and I accordingly went. Hearn and Pitford were waiting in the boat by the steps—for the yacht had been moved out to a buoy—and we went on board and spent a very pleasant and lively evening. Pitford put me ashore at ten o'clock, and I walked straight home, and went to bed. Hearn would have come with me, but the others insisted on his remaining, saying that they had some matters of business to discuss."

"Which way did you walk home?" asked Thorndyke.

"I came through the town, and along the main road."

"And that is all you know about this affair?"

"Absolutely all," replied Draper. "I have now admitted you to secrets of my past life that I had hoped never to have to reveal to any human creature, and I still have some faint hope that it may not be necessary for you to divulge what I have told you."

"Your secrets shall not be revealed unless it is absolutely indispensable that they should be," said Thorndyke; "but you are placing your life in my hands, and you must leave me perfectly free to act as I think best."

With this he gathered his notes together, and we took our departure.

"A very singular history, this, Jervis," he said, when, having wished the sergeant "Good-night," we stepped out on to the dark road. "What do you think of it?"

"I hardly know what to think," I answered, "but, on the whole, it seems rather against Draper than otherwise. He admits that he is an old criminal, and it appears that he was being persecuted and blackmailed by the man Hearn. It is true that he represents Jezzard as being the leading spirit and prime mover in the persecution, but we have only his word for that. Hearn was in lodgings near him, and was undoubtedly taking the most active part in the business, and it is quite possible, and indeed probable, that Hearn was the actual deus ex machina."

Thorndyke nodded. "Yes," he said, "that is certainly the line the prosecution will take if we allow the story to become known. Ha! what is this? We are going to have some rain."

"Yes, and wind too. We are in for an autumn gale, I think."

"And that," said Thorndyke, "may turn out to be an important factor in our case."

"How can the weather affect your case?" I asked in some surprise. But, as the rain suddenly descended in a pelting shower, my companion broke into a run, leaving my question unanswered.

On the following morning, which was fair and sunny after the stormy night, Dr. Burrows called for my friend. He was on his way to the extemporized mortuary to make the post-mortem examination of the murdered man's body. Thorndyke, having notified the coroner that he was watching the case on behalf of the accused, had been authorized to be present at the autopsy; but the authorization did not include me, and, as Dr. Burrows did not issue any invitation, I was not able to be present. I met them, however, as they were returning, and it seemed to me that Dr. Burrows appeared a little huffy.

"Your friend," said he, in a rather injured tone, "is really the most outrageous stickler for forms and ceremonies that I have ever met."

Thorndyke looked at him with an amused twinkle, and chuckled indulgently.

"Here was a body," Dr. Burrows continued irritably, "found under circumstances clearly indicative of murder, and bearing a knife-wound that nearly divided the arch of the aorta; in spite of which, I assure you that Dr. Thorndyke insisted on weighing the body, and examining every organ—lungs, liver, stomach, and brain—yes, actually the brain!—as if there had been no clue whatever to the cause of death. And then, as a climax, he insisted on sending the contents of the stomach in a jar, sealed with our respective seals, in charge of a special messenger, to Professor Copland, for analysis and report. I thought he was going to demand an examination for the tubercle bacillus, but he didn't; which," concluded Dr. Burrows, suddenly becoming sourly facetious, "was an oversight, for, after all, the fellow may have died of consumption."

Thorndyke chuckled again, and I murmured that the precautions appeared to have been somewhat excessive.

"Not at all," was the smiling response. "You are losing sight of our function. We are the expert and impartial umpires, and it is our business to ascertain, with scientific accuracy, the cause of death. The prima facie appearances in this case suggest that the deceased was murdered by Draper, and that is the hypothesis advanced. But that is no concern of ours. It is not our function to confirm an hypothesis suggested by outside circumstances, but rather, on the contrary, to make certain that no other explanation is possible. And that is my invariable practice. No matter how glaringly obvious the appearances may be, I refuse to take anything for granted."

Dr. Burrows received this statement with a grunt of dissent, but the arrival of his dogcart put a stop to further discussion.

Thorndyke was not subpoenaed for the inquest. Dr. Burrows and the sergeant having been present immediately after the finding of the body, his evidence was not considered necessary, and, moreover, he was known to be watching the case in the interests of the accused. Like myself, therefore, he was present as a spectator, but as a highly interested one, for he took very complete shorthand notes of the whole of the evidence and the coroner's comments.

I shall not describe the proceedings in detail. The jury, having been taken to view the body, trooped into the room on tiptoe, looking pale and awe-stricken, and took their seats; and thereafter, from time to time, directed glances of furtive curiosity at Draper as he stood, pallid and haggard, confronting the court, with a burly rural constable on either side.

The medical evidence was taken first. Dr. Burrows, having been sworn, began, with sarcastic emphasis, to describe the condition of the lungs and liver, until he was interrupted by the coroner.

"Is all this necessary?" the latter inquired. "I mean, is it material to the subject of the inquiry?"

"I should say not," replied Dr. Burrows. "It appears to me to be quite irrelevant, but Dr. Thorndyke, who is watching the case for the defence, thought it necessary."

"I think," said the coroner, "you had better give us only the facts that are material. The jury want you to tell them what you consider to have been the cause of death. They don't want a lecture on pathology."

"The cause of death," said Dr. Burrows, "was a penetrating wound of the chest, apparently inflicted with a large knife. The weapon entered between the second and third ribs on the left side close to the sternum or breast-bone. It wounded the left lung, and partially divided both the pulmonary artery and the aorta—the two principal arteries of the body."

"Was this injury alone sufficient to cause death?" the coroner asked.

"Yes," was the reply; "and death from injury to these great vessels would be practically instantaneous."

"Could the injury have been self-inflicted?"

"So far as the position and nature of the wound are concerned," replied the witness, "self-infliction would be quite possible. But since death would follow in a few seconds at the most, the weapon would be found either in the wound, or grasped in the hand, or, at least, quite close to the body. But in this case no weapon was found at all, and the wound must therefore certainly have been homicidal."

"Did you see the body before it was moved?"

"Yes. It was lying on its back, with the arms extended and the legs nearly straight; and the sand in the neighbourhood of the body was trampled as if a furious struggle had taken place."

"Did you notice anything remarkable about the footprints in the sand?"

"I did," replied Dr. Burrows. "They were the footprints of two persons only. One of these was evidently the deceased, whose footmarks could be easily identified by the circular rubber heels. The other footprints were those of a person—apparently a man—who wore shoes, or boots, the soles of which were studded with nails; and these nails were arranged in a very peculiar and unusual manner, for those on the soles formed a lozenge or diamond shape, and those on the heel were set out in the form of a cross."

"Have you ever seen shoes or boots with the nails arranged in this manner?"

"Yes. I have seen a pair of shoes which I am informed belong to the accused; the nails in them are arranged as I have described."

"Would you say that the footprints of which you have spoken were made by those shoes?"

"No; I could not say that. I can only say that, to the best of my belief, the pattern on the shoes is similar to that in the footprints."

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