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Samuel Boyd of Catchpole Square: A Mystery

Page 64

by B. L. Farjeon


  CHAPTER LXIII.

  CONTINUATION OF THE TRIAL.

  "His outer garments were such as a Mongolian wears, and in his handwas the mask of a Chinaman's face. He carried also in his hand ahollow cane of the reign of Charles the Second, in which, as you willpresently hear, a singular discovery was made. It is not for me to saywhy this disguise was assumed; it is sufficient to state the fact. Inresponse to Constable Applebee's calls for assistance DetectiveLambert came up, and afterwards Constable Pond and another. Theprisoner gave no explanation of his singular disguise, but made somerambling statement to the effect that the murderers of Samuel Boydwere in the house. In compliance with his urgent and reiteratedrequests the officers Lambert and Applebee accompanied him into thehouse, and made a thorough search, from top to bottom, withoutdiscovering any person there. Remington was then taken to the policestation, and charged. When he was searched a document was found uponhim of a nature so incriminating, and so direct in its terms, as tofurnish the strongest proof of the guilt of the prisoner, ReginaldBoyd. The defence will probably call this evidence presumptive; I callit conclusive. The document runs as follows:--

  (Mr. Marlow here read the Memoranda made by Samuel Boyd on the nightof Friday, March 1st, with which our readers are alreadyacquainted.[1])

  ********************

  [Footnote 1: See pages 97, 98.--Author.]

  ********************

  "You will perceive that the document is dated the 1st of March, andthere can be no doubt that it was the last writing made by Samuel Boydbefore he was cruelly murdered. That he was in dread of violence atthe hands of his son is clear. No reference is made in the document tothe prisoner Remington, but there is a presumptive accusation againstthe missing man, Abel Death, of being in a conspiracy to rob him.Observe also the reference to the latchkey possessed by his son, andthe words, 'If he does not get in through the front door he will findsome other way; he is better acquainted with the ins and outs of thishouse than I am myself.' In this voice from the grave--for so it maybe aptly termed--is revealed a deplorable state of feeling betweenfather and son which strengthens the case against the prisoner Boyd.They were at enmity; each accused the other of robbery or attemptedrobbery, and matters thus were ripe for violence. Is it too wild apresumption that Remington removed the incriminating document for thepurpose of shielding his confederate, and, by implication, himself?The document informed them, also, that Samuel Boyd had not yet madehis will, and that if he died that night his son would become heir atlaw. A strange feature in the case is that the paper was notimmediately destroyed, but there are numbers of instances in whichcriminals have been brought to justice by over-confidence and by theirneglect to attend to small matters over which they believed themselvesto have absolute control. In addition to this document anotherremarkable discovery was made at the police station. On the night ofthe murder Lady Wharton had deposited with Samuel Boyd certainvaluable jewels as security for an advance of money to be made to her,and up to last Monday night no trace of these jewels had beendiscovered. Now, the Charles the Second cane carried from the house bythe prisoner Remington was hollow, and in it were found the missingjewels. Lady Wharton will be called to identify them. AgainstRemington a search of his lodgings furnished further evidence. Underhis bed was found a rope and grapnel, which he purchased on Friday the1st of March----"

  Mr. Pallaret: "Will the date be proved?"

  Mr. Marlow: "The shopkeeper from whom he purchased it will giveevidence of the date. It may be asked, what object could there havebeen in Remington purchasing a rope and grapnel to get over the wallat the back when Reginald Boyd, with whom we accuse him of being incollusion, possessed a key to the front door? The answer to that isthat they deemed it necessary to be prepared, in case the street doorwas chained and bolted. Or it may have been done, and the rope andgrapnel used, to divert suspicion from themselves, and to make itappear that burglars unacquainted with the premises had effected anentrance and committed the crime. It is most suspicious that inRemington's evidence at the inquest he made no allusion to the ropeand grapnel, although the statement of Detective Lambert was beforehim. For what other reason than to screen himself could he have beenguilty of the suppression? Another piece of evidence will beforthcoming. Before either of the prisoners was arrested DetectiveLambert, during his examination of the house, took photographs of thebloody footprints leading from Samuel Boyd's bedroom to the smallwindow at the back, through which the person or persons effecting anunlawful entrance had passed. Since Remington's arrest photographshave been taken of the soles of his boots, and they exactly correspondwith those of the bloody footprints. As to another startling incidentin this remarkable crime--the visit of the man disguised as SamuelBoyd to Lady Wharton in Bournemouth--we have only conjecture, and Imake no comment upon it other than that it is a mystery which has yetto be elucidated.

  "I have now gone through the principal features of the murder and itsattendant circumstances, and I think your worship will agree with methat there is no course open to you except to put the prisoners ontheir trial at the Criminal Court."

  At the conclusion of this address the general opinion of thedisinterested persons in court was that the accused were guilty, andthat there was no escape for them. There were, however, seated at thesolicitors' table a few more experienced who judged from Mr.Pallaret's manner that he by no means despaired of an acquittal. Atwisted note had been handed to him, on which was written, "He is theman. Call Joseph Pitou."

  Witnesses for the prosecution were then examined, of whom the firstwas Lambert, whose evidence was similar to that given at the inquest,and who testified to the execution of the search warrant in Dick'slodgings. Mr. Pallaret asked him but few questions.

  "You have been engaged in getting up this case?"

  "Yes, under instructions."

  "From time to time you have come into communication with Mr. RichardRemington?"

  "Yes."

  "Has he assisted or retarded you in your inquiries?"

  "He has been of material assistance to me."

  "At whose suggestion were photographs of his boots taken?"

  "At his. Since his arrest I received a message from him saying that hehad a communication to make to me. He then related the circumstancesof his breaking into the house in Catchpole Square, and gave me hisboots. He also showed me traces of a scar on his hand, caused by awound he received when he broke the window at the back of the house,from which the blood had dropped as he walked through the passages androoms."

  "Did it appear to you as if he wished to conceal anything?"

  "It did not. He was quite frank and open with me."

  "In pursuance of your duties you served subp[oe]nas upon certainwitnesses?"

  "Yes."

  "Among others, upon Dr. Pye?"

  "Yes."

  "In an interview with him you asked him to show you the flashlightdevice by means of which, according to his statement, he saw a mancome from the house in Catchpole Square in the middle of the night?"

  "Yes."

  "What was his reply?"

  "That it was under repair, and he could not produce it."

  Then followed the evidence of the reporter of "The Little Busy Bee,"and that of Constable Applebee, neither of whom was cross-examined bythe defence.

  At this point of the trial it was observed that a communication wasmade to Detective Lambert, who hastily took his departure, but notbefore he had passed a piece of paper to Mr. Pallaret, upon which wasscribbled, "If you do not see me in Court delay the proceedings aslong as possible. If Dr. Pye's examination is over before I return donot allow him to leave the Court. Most important."

  Lady Wharton was next called. She narrated the circumstances underwhich she had entrusted her jewels to Samuel Boyd, and identifiedthem. Among the questions put to her under cross-examination, whichwas purposely prolonged by Mr. Pallaret, were the following:

  "Are any of the jewels you gave the deceased on Friday, Mar
ch 1st,missing?"

  "No. They are all here."

  "Have you a list of the jewels you gave the person who personatedSamuel Boyd in Bournemouth on the following Friday night?"

  "Yes."

  "You could identify them?"

  "Certainly I could. I wish I had the opportunity."

  Mr. Higgins then appeared in the witness box, shaking visibly, hisfeatures twitching spasmodically. From him the prosecution elicitedthat Dick had purchased a rope and grapnel at his shop on March 1st,and had paid half the purchase money at the time, promising to pay thebalance in the course of the following week, which promise had notbeen kept. Dick could not understand what his object was in givingthis false evidence as to the date of the purchase, unless it werethat he conceived himself injured by not obtaining the blackmail hehad hoped to gain. He was subjected to a long cross-examination, inthe course of which he became hopelessly involved, and contradictedhimself so repeatedly that he was warned by the magistrate. He finallyretired from the witness box utterly discredited and demoralised.

  Dr. Pye's name being called, he took his place in the witness box. Hisface was calm and composed, and he cast his eyes around with a senseof power which produced a profound impression among the spectators. Ina passionless voice he repeated the statement he had made at theCoroner's Court, not deviating by a word from his description of theevents of the fatal night. His statement finished, the examinationproceeded:

  "When you gave your evidence at the inquest you expressed some doubtas to the prisoner Reginald Boyd being the man you saw come from thehouse?"

  "There came to my mind instances of mistaken resemblance in pasttrials of importance, and I conceived it my duty to warn the jury notto be led into error."

  "You suggested that you might be mistaken?"

  "I made the suggestion. No man is infallible."

  "Have you carefully considered the matter since you appeared in theCoroner's Court?"

  "I have."

  "Has that consideration strengthened or removed any doubts you mayhave had?"

  "It has removed any possible doubt that may have been in my mind."

  "Look at the prisoner, Reginald Boyd. Can you say now with certaintythat he is the man you saw?"

  "I can say he is, with certainty."

  "You are positive?"

  "Quite positive. The resemblance is so startling that there is onlythe barest possibility of my being mistaken."

  "Now, as to the hour. You looked at your watch?"

  "The incident was so unusual that I instinctively took my watch frommy pocket. It was within a minute of three o'clock."

  "You are aware that another witness, who will probably be called forthe defence, states that she was in Catchpole Square at that hour,that she heard the clock of Saint Michael's Church strike three, andthat the door of the house of the deceased was not opened?"

  "I am aware of it. She is mistaken."

  "Did you hear the clock of St. Michael's Church strike?"

  "I did not."

  "That is all, Dr. Pye."

  Mr. Pallaret then rose and commenced his cross-examination, which hadbeen looked forward to with some eagerness.

  "Your name is Pye?"

  "That is my name."

  "Christian name?"

  "Charles Stuart."

  "Charles Stuart Pye. Have you ever passed under any other name?"

  "The question is an insult."

  "I do not intend it as such. I am defending two men who are accused ofan atrocious crime, one of them the son of the man who was murdered.Have you ever passed under any other name?"

  "Never."

  "Are you English born?"

  "My parents were English. I was born in Switzerland. If I speak with aslight foreign accent it is to be ascribed to the fact that mychildhood was passed away from England, and that in my youth Itravelled much in foreign countries."

  "Your English is very good. You speak more than one language?"

  "I speak French, German, and Italian."

  "How old are you?"

  "Forty-eight, I think. I cannot say with certainty, as my parents didnot keep up my birthday."

  "In what part of Switzerland were you born?"

  "In Geneva, I believe. My parents never informed me, and I did notinquire."

  "It was a matter of no interest to you?"

  "None whatever."

  If you were born in Geneva the record of your birth will be foundthere?"

  "Probably."

  "You call yourself Dr. Do you hold a diploma?"

  "I do not. I am called Dr. by courtesy."

  "Whose courtesy?"

  "General courtesy. It has grown into a fashion. I regard it as acompliment."

  The Magistrate: "Are these questions relevant, Mr. Pallaret?"

  Mr. Pallaret: "Quite relevant, as your worship will see farther on. Ishall not ask a question which does not affect the issue." (To thewitness.) "I understand that you volunteered to give evidence at theinquest in the interests of justice?"

  "Simply that."

  "And had no personal interest to serve?"

  "None."

  "Are you acquainted with a person of the name of Ezra Lynn?

  "I am."

  "He is a money-lender?"

  "Yes. My acquaintance with him results from that."

  "I am sorry to hear it. Are you acquainted with a person of the nameof Vinsen--calling himself Dr. Vinsen?"

  "Yes."

  "Have you seen him lately?"

  "Not within the last few days."

  "We were anxious to have him here to-day, but I do not see him. Weissued a subp[oe]na demanding his attendance. Not being able toascertain his address we left it at your house. You are aware ofthat?"

  "Yes."

  "Has he received the summons?

  "I am not aware that he has."

  "Can you inform us where he lives?"

  "I cannot."

  "Nor where he is at the present moment?"

  "I cannot inform you."

  Upon Dr. Pye's countenance there was not a trace of discomposure, andthere was not a tremor in his voice; but the experienced lawyer, asskilful a judge of character as the man he was examining, knew that ifa look could kill his minutes were numbered. There was one person incourt, Mrs. Abel Death, who listened in bewilderment to the answersgiven by the witness with reference to Dr. Vinsen. This man, who hadpresented himself to her as Dr. Pye's viceroy, who had given hermoney, who had poisoned her ears against Reginald Boyd and DickRemington, was sitting within a few yards of her, and yet Dr. Pyedenied all knowledge of his whereabouts. What was the meaning of thisfalsehood? Looking at Dr. Vinsen she saw that his eyes were wanderingaround, as though seeking a means of escape. His face was pallid, hislips were quivering, his hands trembled as they wiped the moisturefrom his forehead. Gracie had hated him from the first, and it wasthis, perhaps, that had caused her to absent herself from home. Themother's heart was wrung with anguish, with doubt, with despair.

  Mr. Pallaret continued his cross-examination.

  "Now, about this flashlight of yours, which revealed the face of theman you say you saw. A contrivance or device of your own, Iunderstand?"

  "Yes."

  "Have you brought it into court?"

  "I have not."

  "Is it in your house?"

  "It is not."

  "No person connected with this inquiry has seen it. You refused toshow it to Detective Lambert, saying it was under repair. Is it stillunder repair?"

  "Yes."

  "Give me the name of the tradesman who is repairing it?"

  "I decline to give it. The device is a secret invention, and I willnot run the danger of losing the benefit of it."

  "The question is one I cannot compel you to answer, so I will notrepeat it; but if the men whom I am defending are put on their trialin a higher court we will see that this so-called flashlight isproduced. I gather from you that on the night of the 1st of March youwere induced to use it by seeing with your naked eye
a man standing atthe door of Samuel Boyd's house. The night was very dark. How did youknow it was a man?"

  "Dark as it was I distinguished the figure of a man."

  "On that night there was no suspicion that a murder had beencommitted. What made you regard as suspicious so simple a circumstanceas a man coming out of the house?"

  "I had never before seen any one in Catchpole Square at that hour ofthe night."

  "Shall we call it a kind of instinct that whispered of a foul deeddone?"

  "Call it what you please. You are drawing upon your fancy; I amstating facts."

  "Very well; we will stick to facts. You saw the figure of a man, andyour suspicions were aroused. How long a time elapsed before you hadrecourse to your flashlight?"

  "I used it almost immediately."

  "Your process of reasoning was almost as swift as your flashlight. Doyou keep your device in the room in which you were standing?"

  "Yes."

  "How far from the window?"

  "Within reach of my hand."

  "Before it was ready for its work some little time must have elapsed.How is the light produced?"

  "By an arrangement of magnesium wire."

  "Which requires to be ignited?"

  "Yes."

  "By means of a match?"

  "Yes."

  "It is, I suppose, necessary that the device be opened before you canlight the wire?"

  "Yes."

  "You saw the figure of a man, your suspicions were aroused, youbrought forward the flashlight, you opened it, you found the matchbox, you took from it a match, you struck the match, you applied theflame to the magnesium wire, you threw the light upon the door inCatchpole Square. That is how it was done?"

  "Yes."

  "To strike a match requires two hands, one to hold the box, the otherto hold the match. You admit that?"

  "Yes."

  "So that, having brought forward your flashlight device, you had toset it down before you could strike the match?"

  "Yes."

  "And then you had to lift the box again before you could apply theflame of the match to the magnesium wire. Do you expect us to believethat all these operations were executed simultaneously andinstantaneously?"

  "No, I do not."

  "Good. Timing these various processes of thought and action, we mayassume that they occupied a couple of minutes?"

  "Not so long."

  "A minute and a half? I don't think I can accept less than a minuteand a half for the accomplishment of the work I have described?"

  "Say a minute and a half."

  "I accept it. And all this time the man was standing at the door,waiting for you?"

  "Again, these are your words, not mine."

  "Do you realise how long a minute and a half is to a murderer underthese circumstances? It is an eternity. Place yourself in the positionof the man, and time it by your watch. How slowly the seconds pass!Between each there is a thrill of agony. I put it to you that it isincredible that a murderer, in fear of momentary detection, eager tomake a swift escape from the scene of his horrible crime, standing ina place so lonely and deserted as Catchpole Square, would remain forso long a time at the door in suspense?"

  "He must have done so, for I witnessed it."

  "I pass to another subject. I am anxious, like yourself, to adhere tofact. Cast your eyes around the court; let them rest upon the seat youvacated to take your place in the witness box. Close to that seat doyou see Dr. Vinsen?"

  "I do not." Not a muscle in Dr. Pye's face moved as he gave thisanswer.

  "You see the man I am pointing at, the man next to whom you have beenseated these last two hours. Is not that man Dr. Vinsen?"

  "He is not."

  "Who is he, then?"

  "His name is Ezra Lynn."

  Unable to control herself, Mrs. Death rose and exclaimed,

  "It is not true! It is Dr. Vinsen!"

  A wave of excitement passed over the court; the spectators cranedtheir necks, exclamations of astonishment escaped their lips, and fora few moments all was confusion. When order was restored, Mr. Pallaretsaid,--

  "I have done with you for the present, Dr. Pye. I must ask yourworship not to allow the witness, or any of the witnesses, to leavethe court."

  The Magistrate: "They will all remain. The officers will see to it."

  Apparently unmoved and unruffled, Dr. Pye returned to his seat. Thoseof the spectators who were in a position to see observed a smile onhis lips.

  Mr. Pallaret, turning to the magistrate, then said that it was notcustomary in such cases as the present for the defence to make a longspeech in a police court, but he was induced by special circumstancesto deviate from the usual custom, and he was influenced also by theaccused, whose earnest desire it was that all their proceedings shouldbe made public with as little delay as possible. The only importantwitness brought forward by the prosecution against Mr. Reginald Boydwas Dr. Pye, and he should be able to prove that this witness wasutterly unworthy of credit. Evidence of a startling nature would bepresented which would suggest the gravest doubts in connection withhim. (At this moment a slight bustle took place in court, caused bythe hurried entrance of a messenger bearing a note for Mr. Pallaret.The learned counsel paused to receive and read the note, and thenwrote a line in reply, which was handed to the messenger, whoimmediately departed.)

  "I do not disguise from your worship," continued Mr. Pallaret, "thatmy object is to obtain the immediate acquittal of the accused at yourhands, or, in the event of their being committed for trial, to showthat the case against them is so flimsy and unreliable, that to refusebail would be a distinct injustice. Stripped of the defence which I amin a position to make, I admit that the circumstantial evidence wouldbe sufficiently strong to render their detention necessary, but evenwithout the defence it would not be strong enough to prove theirguilt. I take the opportunity of emphasising the extreme danger thatlies in evidence of this character. One of our greatest writers hassaid, 'Circumstances may accumulate so strongly even against aninnocent man, that, directed, sharpened, and pointed, they may slayhim.' Such might have been the issue of the charge brought against themen I am defending, but happily they are in a position to meet it in aconclusive manner, and, I do not hesitate to say, to prove theirinnocence. Although not quite relevant to the issue affectingthemselves, I cannot refrain from saying that in establishing theirinnocence they will also establish the innocence of an absent managainst whom the finger of suspicion has been pointed. I refer to Mr.Abel Death. With respect to one of the accused I shall unfold a storywhich has in it many of the elements of romance."

  Mr. Pallaret then described the part which Dick had played in theMystery. With breathless interest the spectators listened to therecital, the effect of which was heightened by the eloquence of thenarrator.

  "Mr. Richard Remington" (proceeded Mr. Pallaret), "convinced of theinnocence of his cousin's husband, recognising the dangerous positionin which he stood, and with a certain suspicion in his mind, conceivedand carried out a plan as novel, as ingenious, and as _bizarre_, ashas ever been disclosed in a court of justice. On two nights, when hewas in the house of the murdered man, he had observed that aflashlight had been thrown upon the windows from the back room of thehouse inhabited by Dr. Pye. He resolved to present a problem to thatperson. As skilful in disguise--I may mention that he had been a shorttime on the stage--as the villain who personated Samuel Boyd, androbbed Lady Wharton of her jewels in Bournemouth, he dressed himselfin a suit of Samuel Boyd's clothes, and, in theatrical parlance, 'madeup' his face to resemble that of the murdered man. Thus disguised hestationed himself at the front window of Samuel Boyd's house, and uponmore than one occasion experienced the satisfaction of having theflashlight thrown upon him. He put into execution another and a bolderidea, the successful result of which led to his arrest undercircumstances which you have heard described by Constable Applebee andDetective Lambert. He was convinced that persons found access to thehouse by some means and in some way unknown to h
im. If his suspicionswere verified the natural conclusion would be that those persons (Iuse the plural advisedly) were the murderers. He determined to setwatch for them, and to remain hidden in the house for several days andnights. In order to carry this out successfully, and to throw dustinto the eyes of the suspected persons, he affixed a notice to thestreet door, to the effect that he would be absent from the house forsome time.

  "In the room on the first floor which had been used as an office thereis, among other singular articles, the wax figure of a Chinaman,suitably attired. This figure is sitting in a hooded chair, what iscalled, I believe, a grandmother's chair. Mr. Remington had procuredfrom a theatrical costumier in Covent Garden the mask of a Chinaman'sface and a costume similar to that which clothed the wax figure. Hisdesign was, when he heard sounds of any person or persons moving inany part of the house, to place the wax figure in a cupboard in theoffice, and take its place. It was a bold and hazardous design,fraught with danger to himself, but, determined if possible to bringthe miscreants to justice, he allowed no considerations for hispersonal safety to stand in his way. He entered the house on theThursday night of last week, and did not leave it until the Mondaynight of this week. Animated by his high resolve, stern and fixed inhis purpose, behold him in that lonely house, on the watch! Thursdayand Friday nights passed, and nothing occurred. Neither was hedisturbed on the nights of Saturday and Sunday. He remained there inabsolute darkness, confident that the time would come.

  "And here let me offer my tribute of praise and admiration for thecourage, the patience, I may say the heroism he displayed during thislong vigil, this arduous and almost sleepless watch, undertaken out ofaffection for the family to which he is related, and to prove theinnocence of a man falsely accused of a horrible crime.

  "On Monday night, or rather at about two o'clock on Tuesday morning,his patience was rewarded. He heard sounds in the passage below which,faint as they were, denoted that he was not now alone in the house. Hehad already assumed his disguise and removed the wax figure of theChinaman from the chair. All he had to do was to take its place. Theback of the hooded chair being towards the door he could not see whoentered when it was softly opened. Nor could he distinguish the voicesof the men, for they spoke in whispers. They moved about the room intheir stocking feet, and from the few words that reached his ears hegathered that they had come once more to search for the jewels whichLady Wharton had given Mr. Samuel Boyd on the night of her visit tohim. Now, I call your attention to the last words of the documentwritten by the unfortunate man on that fatal night--'Notation 2647.'Mr. Remington did not dare to turn his head to watch the movements ofthe men as they moved about the room. Disappointed in their search oneof the men, in his passion, shook the hooded chair so violently thatthe cane in the hand of the supposed wax figure--which Mr. Remingtonalso held, in order to completely carry out the deception--slippedfrom his grasp to the ground. The man who picked it up pressed, byaccident, one of the raised letters in the knob of the cane. Thispressure caused the figure 2 to spring up. In a state of intenseexcitement the man drew his companion's attention to the circumstance,and made a reference to the notation, thus proving that he wasfamiliar with it. He had pressed the letter B, the second in thealphabet, and it had released the figure 2. He pressed the sixthletter, F, and the figure 6 was released, the fourth letter, D, andthe figure 4 was released, and the seventh letter, G, releasing thefigure 7, the notation was complete, 2647. Mr. Remington, his sense ofhearing preternaturally sharpened, heard the whispered comments of themen as figure after figure was released, and heard the click of thesilver knob as it sprang up and revealed to the delighted eyes of theconspirators the jewels which had been concealed in the hollow ofthe cane. Thanks to Mr. Remington's prompt action their delight wasshort-lived. You will recollect that at this hour on Monday night astorm was raging, and that the lightning was very vivid. What followedwas the work of a moment. Mr. Remington started to his feet, and as hedid so a flash of lightning illumined the scene. One of theconspirators held in his hand a lighted candle, the other the canecontaining the treasure. He seized the cane, and dashed the lightedcandle to the ground, thereby plunging the room in darkness, all theblacker because of the lightning flash that had passed through it, andflew into the passage and out of the house, to fall into the hands ofConstable Applebee. It is unfortunate that in that brief moment ofrapid and resolute action he did not see the faces of theconspirators, but he has his suspicions who they were, and hascommunicated them to me. Before these proceedings are ended we may seethose suspicions verified. I have now related the true story of Mr.Remington's adventures, with all its strange and remarkable episodes,and with the trite remark that truth is stranger than fiction I willcall the witnesses for the defence."

  The first witness was the costumier in Covent Garden, who testified toDick's purchase of the Chinese mask and costume. He thought they werefor the stage. Such purchases were made of him every day.

  The next witness was Mrs. Abel Death, who, despite her distress, gaveher evidence of the disappearance of her husband and her search forhim in a fairly clear manner. When she was questioned as to thedisappearance of her daughter Gracie, the counsel for the prosecutionintervened, and contended that these private domestic matters hadnothing to do with the case. Mr. Pallaret, answering that before hewas done he would show that they had a direct bearing upon it, wasallowed to proceed.

  "Now, Mrs. Death, on the day on which you made your application inthis Court respecting your husband's disappearance you were visited bya person who introduced himself as a doctor. What name did he give?"

  "Dr. Vinsen, sir."

  "He spoke of Dr. Pye as his intimate friend?"

  "Yes, sir."

  "Do you see Dr. Vinsen in Court at the present moment?"

  "Yes, sir, I see him."

  Mr. Pallaret: "Let the man seated next to Dr. Pye stand up."

  With evident reluctance, and vainly endeavouring to conceal hisagitation, Dr. Vinsen stood up.

  "Is that Dr. Vinsen?"

  "Yes, sir, that is the gentleman."

  "But Dr. Pye, his intimate friend, declares he is not Dr. Vinsen?"

  "I can't help that, sir. He _is_ Dr. Vinsen."

  "You swear it?"

  "I swear it, sir."

  "Is there the slightest doubt in your mind?"

  "Not the slightest, sir."

  "Can you give me any reason why Dr. Pye, Dr. Vinsen's intimate friend,should say he had not seen him for some days past?"

  "No, sir, I can't make it out."

  "In his visits to you did you have any conversation about the murder?"

  "Yes, sir."

  "Did he make any reference to Mr. Reginald Boyd and Mr. RichardRemington in connection with it?"

  "Yes, sir. It was his opinion, he said, that Mr. Reginald Boyd did it,and that Mr. Remington was mixed up with it, and that, to keep offsuspicion from themselves, they were trying to throw it on my poorhusband."

  "Did you believe it?"

  "I didn't know what to believe, sir, I've been that distracted."

  "I sincerely pity you; but do not lose heart. Did your daughter Graciebelieve it----but stop, I must put it another way. Did your daughterGracie say anything to you on the subject?"

  "Yes, sir. She said she didn't believe it. The poor child didn't likeDr. Vinsen."

  "That is all, Mrs. Death."

  No questions being asked by the counsel for the prosecution, Mrs.Death's place was taken by Mr. Rawdon, whose face was very white whenhe stepped into the box.

  "You were one of the jury at the inquest held upon the body of Mr.Samuel Boyd?"

  "I was."

  "You are acquainted with Mr. Ezra Lynn?"

  "I have had business dealings with him."

  "Borrowed money of him?"

  "Yes."

  "I will trouble Mr. Ezra Lynn, or Dr. Vinsen, to stand up again. Thankyou. Is that Mr. Ezra Lynn?"

  "Yes."

  "Not Dr. Vinsen?"

  "I don't know Dr. Vinsen."


  "The inquest extended over a period of eleven days. Now, I ask youwhether, during those eleven days, you had frequent communication withMr. Ezra Lynn?"

  "I saw him once or twice."

  "Be careful. Did you not see him six or seven times?"

  "Probably."

  "You owe him a large sum of money?"

  "I owe him money."

  "He holds an execution over all your goods and furniture which he canput into execution at any moment? No evasions, sir!"

  "Yes."

  "On those six or seven occasions on which you saw Mr. Lynn while theinquest was in progress what was the subject of conversation betweenyou?"

  "The money I owe him."

  "Nothing else? Not the murder?"

  "It was mentioned. Everybody was talking of it."

  "Now, there is no obligation upon you to answer the question I amabout to put, but if you reply I warn you to bear in mind that you areupon your oath. In the course of your conversations with the man whocould sell you up at a moment's notice, did he express a wish that aparticular verdict should be returned, and did he supply you with anyinformation concerning Mr. Reginald Boyd to guide you in furtheringthat wish? You are silent. Do you decline to answer?"

  "Yes, I do. It has nothing to do with the case. Everybody has anopinion about the murder."

  "I am not asking you about his opinion, but about his wish, and aboutcertain information with which he supplied you. You are still silent.We shall know what construction to place upon your refusal to give aplain answer to a plain question. You can return to your seat, Mr.Rawdon, unless counsel for the prosecution desires to cross-examineyou."

  Mr. Marlow: "I have no questions to ask the witness; and I may addthat I fail to see the drift of several of the questions my learnedfriend has put to the witnesses."

  Mr. Pallaret: "When I have finished it will be seen that there is nota question I have put which is not justified. In all my experience Ihave never known so foul a conspiracy as that which I hope to laybare. Call Joseph Pitou."

  The foreign gentleman with the curled moustache who had been stationedbehind Dr. Pye left his seat, and made his way to the witness box, andfor the first time Dr. Pye had a full view of his swarthy face. Theygazed steadily at each other, and for so long a time that it seemed tobe a challenge which should drop his eyes first. This strange andsteadfast gaze drew upon the two actors the attention of every personin Court. At length, with a gesture expressive of satisfaction, JosephPitou turned to Mr. Pallaret, who had watched the scene so earnestlythat it almost appeared as if he were also playing a part in it.

 

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