Kelstern had been looking ill for about six weeks: there was a greyness and a drawn look to his face; and he was losing weight. On the second Tuesday in October he arrived at the bath punctually at four, bringing with him, as was his habit, a thermos flask full of a very delicate China tea. If he thought that he was not perspiring freely enough he would drink it in the hottest room; if he did perspire freely enough, he would drink it after his bath. Willoughton arrived about two minutes later. Kelstern finished undressing and went into the bath a couple of minutes before Willoughton. They stayed in the hot room about the same time; Kelstern went into the hottest room about a minute after Willoughton. Before he went into it he sent for his thermos flask which he had left in the dressing room and took it into the hottest room with him.
As it happened, they were the only two people in the hottest room; and they had not been in it two minutes before the four men in the hot room heard them quarrelling. They heard Kelstern call Willoughton a dirty hound and a low blackguard, among other things, and declare he would do him in yet. Willoughton told him to go to the devil twice. Kelstern went on abusing him and presently Willoughton fairly shouted: “Oh, shut up, you old fool! Or I’ll make you!”
Kelstern did not shut up. About two minutes later Willoughton came out of the hottest room, scowling, walked through the hot room into the shampooing room and put himself into the hands of one of the shampooers. Two or three minutes after that a man of the name of Helston went into the hottest room and fairly yelled. Kelstern was lying back on a blood-drenched couch, with the blood still flowing from a wound over his heart.
There was a devil of a hullabaloo. The police were called in; Willoughton was arrested. Of course he lost his temper and, protesting furiously that he had had nothing whatever to do with the crime, abused the police. That did not incline them to believe him.
After examining the room and the dead body the detective-inspector in charge of the case came to the conclusion that Kelstern had been stabbed as he was drinking his tea. The thermos flask lay on the floor in front of him and some of the tea had evidently been spilt, for some tea leaves—the tea in the flask must have been carelessly strained off the leaves by the maid who filled it—lay on the floor about the mouth of the empty flask. It looked as if the murderer had taken advantage of Kelstern’s drinking his tea to stab him while the flask rather blocked his vision and prevented him from seeing what he would be at.
The case would have been quite plain sailing but for the fact that they could not find the weapon. It had been easy enough for Willoughton to take it into the bath in the towel in which he was draped. But how had he got rid of it? Where had he hidden it? A Turkish bath is no place to hide anything in. It is as bare as an empty barn—if anything, barer; and Willoughton had been in the barest part of it. The police searched every part of it—not that there was much point in doing that, for Willoughton had come out of the hottest room, and gone through the hot room into the shampooers’ room. When Helston started shouting murder, Willoughton had rushed back with the shampooers to the hottest room and there he had stayed. Since it was obvious that he had committed the murder the shampooers and the bathers had kept their eyes on him. They were all of them certain that he had not left them to go to the dressing rooms; they would not have allowed him to do so.
It was obvious that he must have carried the weapon into the bath, hidden in the folds of the towel in which he was draped, and brought it away in the folds of that towel. He had laid the towel down beside the couch on which he was being shampooed; and there it still lay when they came to look for it, untouched, with no weapon in it, with no traces of blood on it. There was not much in the fact that it was not stained with blood, since Willoughton could have wiped the knife, or dagger, or whatever weapon he used, on the couch on which Kelstern lay. There were no marks of any such wiping on the couch; but the blood, flowing from the wound, might have covered them up.
There was no finding the weapon; and its disappearance puzzled the police and later puzzled the public.
Then the doctors who made the autopsy came to the conclusion that the wound had been inflicted by a circular, pointed weapon nearly three-quarters of an inch in diameter. It had penetrated rather more than three inches and supposing that its handle was only four inches long it must have been a sizeable weapon, quite impossible to overlook. The doctors also discovered a further proof of the theory that Kelstern had been drinking his tea when he was stabbed. Half-way down the wound they found two halves of a tea leaf which had evidently fallen on to Kelstern’s body, been driven into the wound and cut in half by the weapon. Also they discovered that Kelstern was suffering from cancer. This fact was not published in the papers; I heard it at the Devonshire.
Willoughton was brought before the magistrates and to most people’s surprise did not reserve his defence. He went into the witness box and swore that he had never touched Kelstern, that he had never had anything to touch him with, that he had never taken any weapon into the Turkish bath and so had had no weapon to hide, that he had never even seen any such weapon as the doctors described. He was committed for trial.
The papers were full of the crime; everyone was discussing it; and the question which occupied everyone’s mind was: where had Willoughton hidden the weapon? People wrote to the papers to suggest that he had ingeniously put it in some place under everybody’s eyes and that it had been overlooked because it was so obvious. Others suggested that, circular and pointed, it must be very like a thick lead pencil, that it was a thick lead pencil; and that was why the police had overlooked it in their search. The police had not overlooked any thick lead pencil; there had been no thick lead pencil to overlook. They hunted England through—Willoughton did a lot of motoring—to discover the man who had sold him this curious and uncommon weapon. They did not find the man who had sold it to him; they did not find a man who sold such weapons at all. They came to the conclusion that Kelstern had been murdered with a piece of a steel, or iron, rod filed to a point like a pencil.
In spite of the fact that only Willoughton could have murdered Kelstern, I could not believe that he had done it. The fact that Kelstern was doing his best to injure him professionally and socially was by no means a strong enough motive. Willoughton was far too intelligent a man not to be very well aware that people do not take much notice of statements to the discredit of a man whom they need to do a job for them; and for the social injury he would care very little. Besides, he might very well injure, or even kill, a man in one of his tantrums; but his was not the kind of bad temper that plans a cold-blooded murder; and if ever a murder had been deliberately planned, Kelstern’s had.
I was as close a friend as Willoughton had, and I went to visit him in prison. He seemed rather touched by my doing so, and grateful. I learnt that I was the only person who had done so. He was subdued and seemed much gentler. It might last. He discussed the murder readily enough and naturally with an harassed air. He said quite frankly that he did not expect me, in the circumstances, to believe that he had not committed it; but he had not, and he could not for the life of him conceive who had. I did believe that he had not committed it; there was something in his way of discussing it that wholly convinced me. I told him that I was quite sure that he had not killed Kelstern; and he looked at me as if he did not believe the assurance. But again he looked grateful.
Ruth was grieving for her father; but Willoughton’s very dangerous plight to some degree distracted her mind from her loss. A woman can quarrel with a man bitterly without desiring to see him hanged; and Willoughton’s chance of escaping hanging was not at all a good one. But she would not believe for a moment that he had murdered her father.
“No; there’s nothing in it—nothing whatever,” she said firmly. “If Dad had murdered Hugh I could have understood it. He had reasons—or at any rate he had persuaded himself that he had. But whatever reason had Hugh for murdering Dad? It’s all nonsense to suppose that he’d mind Da
d’s trying all he knew to injure him, as much as that. All kinds of people are going about trying to injure other people in that way, but they don’t really injure them very much; and Hugh knows that quite well.”
“Of course they don’t; and Hugh wouldn’t really believe that your father was injuring him much,” I said. “But you’re forgetting his infernal temper.”
“No: I’m not,” she protested. “He might kill a man in one of his rages on the spur of the moment. But this wasn’t the spur of the moment. Whoever did it had worked the whole thing out and came along with the weapon ready.”
I had to admit that that was reasonable enough. But who had done it? I pointed out to her that the police had made careful enquiries about everyone in the bath at the time, the shampooers and the people taking their baths, but they had found no evidence whatever that any one of them had at any time had any relations, except that of shampooer, with her father.
“Either it was one of them, or somebody else who just did it and got right away, or there’s a catch somewhere,” she said, frowning thoughtfully.
“I can’t see how there can possibly have been anyone in the bath except the people who are known to have been there,” said I. “In fact, there can’t have been.”
Then the Crown subpœnaed her as a witness for the prosecution. It seemed rather unnecessary and even a bit queer, for it could have found plenty of evidence of bad blood between the two men without dragging her into it. Plainly it was bent on doing all it knew to prove motive enough. Ruth seemed more upset by the prospect of going into the witness box than I should have expected her to be. But then she had been having a very trying time.
On the morning of the trial I called for her after breakfast to drive her down to the New Bailey. She was pale and looked as if she had had a poor night’s rest, and, naturally enough, she seemed to be suffering from an excitement she had to control. It was not like her to show any excitement she might be feeling.
We had of course been in close touch with Willoughton’s solicitor, Hamley; and he had kept seats for us just behind him. He wished to have Ruth at hand to consult should some point turn up on which she could throw light, since she knew more than anyone about the relations between Willoughton and her father. I had timed our arrival very well; the jury had just been sworn in. Of course the Court was full of women, the wives of Peers and bookmakers and politicians, most of them overdressed and overscented.
Then the judge came in; and with his coming the atmosphere of the Court became charged with that sense of anxious strain peculiar to trials for murder. It was rather like the atmosphere of a sick room in a case of fatal illness, but worse.
It was unfortunate for Willoughton that the judge was Garbould. A hard-faced, common-looking fellow, and coarse in the grain, he has a well-founded reputation as a hanging judge and the habit of acting as an extra counsel for the prosecution.
Willoughton came into the box, looking under the weather and very much subdued. But he certainly looked dignified and he said that he was not guilty in a steady enough voice.
Greatorex, the leading Counsel for the Crown, opened the case for the prosecution. There was no suggestion in his speech that the police had discovered any new fact.
Then Helston gave evidence of finding the body of the dead man and he and the other three men who had been with him in the hot room gave evidence of the quarrel they had overheard between Willoughton and the dead man, and that Willoughton came out of the hottest room, scowling and obviously furious. One of them, a fussy old gentleman of the name of Underwood, declared that it was the bitterest quarrel he had ever heard. None of the four of them could throw any light on the matter of whether Willoughton was carrying the missing weapon in the folds of the towel in which he was draped; all of them were sure that he had nothing in his hands.
The medical evidence came next. In cross-examining the doctors who had made the autopsy, Hazeldean, Willoughton’s counsel, established the fact quite definitely that the missing weapon was of a fair size; that its rounded blade must have been over half an inch in diameter and between three and four inches long. They were of the opinion that to drive a blade of that thickness into the heart, a handle of at least four inches in length would be necessary to give a firm enough grip. It might have been a piece of a steel, or iron, rod sharpened like a pencil. At any rate it was certainly a sizeable weapon, not one to be hidden quickly, or to disappear wholly in a Turkish bath. Hazeldean could not shake their evidence about the tea leaf; they were confident that it had been driven into the wound and cut in half by the blade of the missing weapon, and that that went to show that the wound had been inflicted while Kelstern was drinking his tea.
Detective-Inspector Brackett, who was in charge of the case, was cross-examined at great length about his search for the missing weapon. He made it quite clear that it was nowhere in that Turkish bath, neither in the hot rooms, nor the shampooing room, nor the dressing rooms, nor the vestibule, nor the office. He had had the plunge bath emptied; he had searched the roofs, though it was practically certain that the skylight above the hot room, not the hottest, had been shut at the time of the crime. In re-examination he scouted the idea of Willoughton’s having had an accomplice who had carried away the weapon for him. He had gone into that matter most carefully.
The shampooer stated that Willoughton came to him scowling so savagely that he wondered what had put him into such a bad temper. In cross-examining him Arbuthnot, Hazeldean’s junior, made it clearer than ever that, unless Willoughton had already hidden the weapon in the bare hottest room, it was hidden in the towel. Then he drew from the shampooer the definite statement that Willoughton had set down the towel beside the couch on which he was shampooed, that he had hurried back to the hot rooms in front of the shampooer; that the shampooer had come back from the hot rooms, leaving Willoughton still in them discussing the crime, to find the towel lying just as Willoughton had set it down, with no weapon in it and no trace of blood on it.
Since the Inspector had disposed of the possibility that an accomplice had slipped in, taken the weapon from the towel, and slipped out of the bath with it, this evidence really made it clear that the weapon had never left the hottest room.
Then the prosecution called evidence of the bad terms on which Kelstern and Willoughton had been. Three well-known and influential men told the jury about Kelstern’s efforts to prejudice Willoughton in their eyes and the damaging statements he had made about him. One of them had felt it to be his duty to tell Willoughton about this; and Willoughton had been very angry. Arbuthnot, in cross-examining, elicited the fact that any damaging statement that Kelstern made about anyone was considerably discounted by the fact that everyone knew him to be in the highest degree cantankerous.
I noticed that during the end of the cross-examination of the shampooer, and during this evidence, Ruth had been fidgeting and turning to look impatiently at the entrance to the Court, as if she were expecting someone. Then, just as she was summoned to the witness box, there came in a tall, stooping, grey-headed, grey-bearded man of about sixty, carrying a brown-paper parcel. His face was familiar to me; but I could not place him. He caught her eye and nodded to her. She breathed a sharp sigh of relief and bent over and handed a letter she had in her hand to Willoughton’s solicitor and pointed out the grey-bearded man to him. Then she went quietly to the witness box.
Hamley read the letter and at once bent over and handed it to Hazeldean and spoke to him. I caught a note of excitement in his hushed voice. Hazeldean read the letter and appeared to grow excited too. Hamley slipped out of his seat and went to the grey-bearded man who was still standing just inside the door of the Court and began to talk to him earnestly.
Greatorex began to examine Ruth; and naturally I turned my attention to her. His examination was directed also to show on what bad terms Kelstern and Willoughton had been. Ruth was called on to tell the jury some of Kelstern’s actual threats. Then
—it is astonishing how few things the police fail to ferret out in a really important case—the examination took a curious turn. Greatorex began to question Ruth about her own relations with Willoughton and the plain trend of his questions was to bring out the fact that they had not merely been engaged to be married but had also been lovers.
I saw at once what the prosecution was aiming at. It was trying to make use of the tendency of a British jury and a British judge, in a natural effort to champion morality, to hang a man or a woman, who is on trial for murder, for behaving immorally in relations with the other sex. There was no better way of prejudicing Willoughton than by proving that he had seduced Ruth under the promise of marriage.
Of course Hazeldean was on his feet at once protesting that this evidence was irrelevant and inadmissible; and of course Garbould was against him—he does not enjoy the nickname by which he is known to the junior bar for nothing. Hazeldean was magnificent. He had one of the worst rows with Garbould he had ever had; and he has had many. Garbould is a fool to let him have these rows. Hazeldean always gets the better of him, or seems to; and it does him good with the jury. But then Garbould was raised to the bench not for intelligence but for political merit. He ruled that the questions were admissible and put one or two to Ruth himself.
Then Willoughton lost his temper and protested that this had nothing to do with the case and that it was an outrage. Willoughton has a ringing voice of considerable volume. He is not at all an easy man to hush when he does not wish to hush; and they were some time hushing him. By the time they succeeded Garbould was purplish-red with fury. Anything that he could do to hang Willoughton would certainly be done. But, observing the jury, my impression was that Willoughton’s outburst had done him good with it and that Hazeldean’s protests had shaken its confidence in Garbould. When I looked at the faces, just a trifle sickly, of the counsel for the prosecution, I felt sure that the Crown had bungled this business rather badly.
The Big Book of Female Detectives Page 92