The Hampstead Mystery, John R. Watson [best ereader for academics txt] 📗

old Charlie, the Covent Garden 'drop,' with Holder Jack and Kemp, Birchill's mate. Why, they're everywhere. The inquest was nothing to this, Rolfe."

"Kemp must be thanking his lucky stars he wasn't in that Riversbrook job with Fred Birchill," said Rolfe, "for they usually work together. And there's Crewe, up in the gallery."

"Where?" exclaimed Inspector Chippenfield, with an indignant start.

"Up there behind that pillar there—no, the next one. See, he's looking down at you."

Crewe caught the inspector's eye, and nodded and smiled in a friendly fashion, but Inspector Chippenfield returned the salutation with a haughty glare.

"The impudence of that chap is beyond belief," he said to his subordinate. "One would have thought he'd have kept away from court after his wild-goose chase to Scotland and piling up expenses, but not him! Brazen impudence is the stock-in-trade of the private detective. If Scotland Yard had a little more of the impudence of the private detective, Rolfe, we should be better appreciated."

"I suppose he's come in the hopes of seeing the jury acquit Birchill," said Rolfe.

"No doubt," replied Inspector Chippenfield. "But he's come to the wrong shop. A good jury should convict without leaving the box if the case is properly put before them by the prosecution. Crewe would like to triumph over us, but it is our turn to win."

But Inspector Chippenfield was wrong in thinking that Crewe's presence in court was due to a desire for the humiliation of his rivals. Crewe had spent most of the previous night reading and revising his summaries and notes of the Riversbrook case, and in minutely reviewing his investigations of it. Over several pipes in the early morning hours he pondered long and deeply on the secret of Sir Horace Fewbanks's murder, without finding a solution which satisfactorily accounted for all the strange features of the case. But one thing he felt sure of was that Birchill had not committed the murder. He based that belief partly on the butler's confession, and partly on his own discoveries. He believed Hill to be a cunning scoundrel who had overreached the police for some purpose of his own by accusing Birchill, and who, to make his story more probable, had even implicated himself in the supposed burglary as a terrorised accomplice. And Crewe had been unable to test the butler's story, or find out what game he was playing, because of the assiduity with which the principal witness for the prosecution had been "nursed" by the police from the moment he made his confession. Crewe bit hard into his amber mouthpiece in vexation as he recalled the ostrich-like tactics of Inspector Chippenfield, who, having accepted Hill's story as genuine, had officially baulked all his efforts to see the man and question him about it.

He had come to court with the object of witnessing Birchill's behaviour in the dock and the efforts of any of his criminal friends to communicate with him. As a man who had had considerable experience in criminal trials he knew the irresistible desire of the criminal in the gallery of the court to encourage the man in the dock to keep up his courage. Communications of the kind had to be made by signs. It was Crewe's impression that by watching Birchill in the dock and Birchill's friends in the gallery he might pick up a valuable hint or two. It was also his intention to study closely the defence which Counsel for the prisoner intended to put forward.

It was therefore with a feeling of mingled annoyance and surprise that Crewe, looking down from his point of vantage at the bevy of fashionably-dressed ladies in the body of the court, recognised Mrs. Holymead, Mademoiselle Chiron and Miss Fewbanks seated side by side, engaged in earnest conversation. Before he could withdraw from their view behind the pillar in front of him, Miss Fewbanks looked up and saw him. She bowed to him in friendly recognition, and Crewe saw her whisper to Mrs. Holymead, who glanced quickly in his direction and then as quickly averted her gaze. But in that fleeting glance of her beautiful dark eyes Crewe detected an expression of fear, as though she dreaded his presence, and he noticed that she shivered slightly as she turned to resume her conversation with Miss Fewbanks.

His Honour Mr. Justice Hodson entered, and the persons in the court scrambled hurriedly to their feet to pay their tribute of respect to British law, as exemplified in the person of a stout red-faced old gentleman wearing a scarlet gown and black sash, and attended by four of the Sheriffs of London in their fur-trimmed robes. The judge bowed in response and took his seat. The spectators resumed theirs, craning their necks eagerly to look at the accused man, Birchill, who was brought into the dock by two warders. The work of empanelling a jury commenced, and when it was completed Mr. Walters, K.C., opened the case for the prosecution.

Mr. Walters was a long-winded Counsel who had detested the late Mr. Justice Fewbanks because of the latter's habit of interrupting the addresses of Counsel with the object of inducing them to curtail their remarks. This practice was not only annoying to Counsel, who necessarily knew better than the judge what the jury ought to be told, but it also tended to hold Counsel up to ridicule in the eyes of ignorant jurymen as a man who could not do his work properly without the watchful correction of the judge. But Mr. Walters, whose legal training had imbued in him a respect for Latin tags, subscribed to the adage, de mortuis nil nisi bonum. Therefore he began his address to the jury with a glowing reference to the loss, he might almost say the irreparable loss, which the judiciary had sustained, he would go so far as to say the loss which the nation had sustained by the death, the violent death, in short, the murder, of an eminent judge of the High Court Bench, whose clear and vigorous intellect, whose marvellous mastery of the legal principles laid down by the judicial giants of the past, whose inexhaustible knowledge drawn from the storehouses of British law, whose virile interpretations of the principles of British justice, whose unfailing courtesy and consideration to Counsel, the memory of which would long be cherished by those who had had the privilege of pleading before him, had made him an acquisition and an ornament to a Bench which in the eyes of the nation had always represented, and at no time more than the present—at this point Mr. Walters bowed to the presiding judge—the embodiment of legal knowledge, legal experience, and legal wisdom.

After this tribute to the murdered man and the presiding judge, Mr. Walters proceeded to lay the facts of the crime before the jury, who had read all about them in the newspapers.

With methodical care he built up the case against the accused man, classifying the points of evidence against him in categorical order for the benefit of the jury. The most important witness for the prosecution was a man known as James Hill, who had been in Sir Horace Fewbanks's employ as a butler. Hill's connection with the prisoner was in some aspects unfortunate, for himself, and no doubt counsel for the defense would endeavour to discredit his evidence on that account, but the jury, when they heard the butler tell his story in the witness box, would have little difficulty in coming to the conclusion that the man Hill was the victim of circumstances and his own weakness of temperament. However much they might be disposed to blame him for the course he had pursued, he was innocent of all complicity in his master's death, and had done his best to help the ends of justice by coming forward with a voluntary confession to the police.

Mr. Walters made no attempt to conceal or extenuate the black page in Hill's past, but he asked the jury to believe that Hill had bitterly repented of his former crime, and would have continued to lead an honest life as Sir Horace Fewbanks's butler, if ill fate had not forged a cruel chain of circumstances to link him to his past life and drag him down by bringing him in contact with the accused man Birchill, whom he had met in prison. Sir Horace Fewbanks was the self-appointed guardian of a young woman named Doris Fanning, the daughter of a former employee on his country estate, who had died leaving her penniless. Sir Horace had deemed it his duty to bring up the girl and give her a start in life. After educating her in a style suitable to her station, he sent her to London and paid for music lessons for her in order to fit her for a musical career, for which she showed some aptitude. Unfortunately the young woman had a self-willed and unbalanced temperament, and she gave her benefactor much trouble. Sir Horace bore patiently with her until she made the chance acquaintance of Birchill, and became instantly fascinated by him. The acquaintance speedily drifted into intimacy, and the girl became the pliant tool of Birchill, who acquired an almost magnetic influence over her. As the intimacy progressed she seemed to have become a willing partner in his criminal schemes.

When Sir Horace Fewbanks heard that the girl had drifted into an association with a criminal like Birchill he endeavoured to save her from her folly by remonstrating with her, and the girl promised to give up Birchill, but did not do so. When Sir Horace found out that he was being deceived he was compelled to renounce her. Birchill, who had been living on the girl, was furious with anger when he learnt that Sir Horace had cut off the monetary allowance he had been making her, and, on discovering by some means that his former prison associate Hill was now the butler at Sir Horace Fewbanks's house, he planned his revenge. He sent the girl Fanning to Riversbrook with a message to Hill, directing him, under threat of exposure, to see him at the Westminster flat.

Hill, who dreaded nothing so much as an exposure of that past life of his which he hoped was a secret between his master and himself, kept the appointment. Birchill told him he intended to rob the judge's house in order to revenge himself on Sir Horace for cutting off the girl's allowance, and he asked Hill to assist him in carrying out the burglary. Hill strenuously demurred at first, but weakly allowed himself to be terrorised into compliance under Birchill's threats of exposure. Hill's participation in the crime was to be confined to preparing a plan of Riversbrook as a guide for Birchill. Birchill said nothing about murder at this time, but there is no doubt he contemplated violence when he first spoke to Hill. When Hill, alarmed by his master's return on the actual night for which the burglary had been arranged, hurried across to the flat to urge Birchill to abandon the contemplated burglary, Birchill obstinately decided to carry out the crime, and left the flat with a revolver in his hand, threatening to murder Sir Horace if he found him, because of his harsh treatment—as he termed it—of the girl Fanning.

"Birchill left the flat at nine o'clock," continued Mr. Walters, who had now reached the vital facts of the night of the murder. "I ask the jury to take careful note of the time and the subsequent times mentioned, for they have an important bearing on the circumstantial evidence against the accused man. He returned, according to Hill's evidence, shortly after midnight. Evidence will be called to show that Birchill, or a man answering his description, boarded a tramcar at Euston Road at 9.30 p.m., and journeyed in it to Hampstead. He was observed both at Euston Road and the Hampstead terminus by the conductor, because of his obvious desire to avoid attention. There were only two other passengers on the top of the car when it left Euston Road. The conductor directed the attention of the driver to his movements, and they both watched him till he disappeared in the direction of the Heath. In fairness to the prisoner, it was necessary to point out, however, that neither the conductor nor the driver can identify him positively as the man they had seen on their car that night, but both will swear that to the best of their belief Birchill is the man. Assuming that it was the prisoner who travelled to Hampstead by the Euston Road tram—a route he would probably prefer because it took him to Hampstead by the most unfrequented way—he would have a distance of nearly a mile to walk across Hampstead Heath to Tanton Gardens, where Sir Horace Fewbanks's house was situated. The evidence of the tram-men is that he set off across the