The effective witnesses for the defence were, indeed, few. It is so hard to prove a negative. There was Jessie's aunt, who bore out the statement of the counsel for the defence. There were the porters who saw him leave Euston by the 7.15 train for Liverpool, and arrive just too late for the 5.15; there was the cabman (2138), who drove him to Euston just in time, he (witness) thought, to catch the 5.15 A.M. Under cross-examination, the cabman got a little confused; he was asked whether, if he really picked up the prisoner at Bow Railway Station at about 4.30, he ought not to have caught the first train at Euston. He said the fog made him drive rather slowly, but admitted the mist was transparent enough to warrant full speed. He also admitted being a strong trade unionist, SPIGOT, Q.C., artfully extorting the admission as if it were of the utmost significance. Finally, there were numerous witnesses-of all sorts and conditions-to the prisoner's high character, as well as to Arthur Constant's blameless and moral life.
In his closing speech on the third day of the trial, Sir CHARLES pointed out with great exhaustiveness and cogency the flimsiness of the case for the prosecution, the number of hypotheses it involved, and their mutual interdependence. Mrs. Drabdump was a witness whose evidence must be accepted with extreme caution. The jury must remember that she was unable to dissociate her observations from her inferences, and thought that the prisoner and Mr. Constant were quarrelling merely because they were agitated. He dissected her evidence, and showed that it entirely bore out the story of the defence. He asked the jury to bear in mind that no positive evidence (whether of cabmen or others) had been given of the various and complicated movements attributed to the prisoner on the morning of December 4th, between the hours of 5.25 and 7.15 A.M., and that the most important witness on the theory of the prosecution-he meant, of course, Miss Dymond-had not been produced. Even if she were dead, and her body were found, no countenance would be given to the theory of the prosecution, for the mere conviction that her lover had deserted her would be a sufficient explanation of her suicide. Beyond the ambiguous letter, no tittle of evidence of her dishonour-on which the bulk of the case against the prisoner rested-had been adduced. As for the motive of political jealousy that had been a mere passing cloud. The two men had become fast friends. As to the circumstances of the alleged crime, the medical evidence was on the whole in favour of the time of death being late; and the prisoner had left London at a quarter-past seven. The drugging theory was absurd, and as for the too clever bolt and lock theories, Mr. Grodman, a trained scientific observer, had pooh-poohed them. He would solemnly exhort the jury to remember that if they condemned the prisoner they would not only send an innocent man to an ignominious death on the flimsiest circumstantial evidence, but they would deprive the working men of this country of one of their truest friends and their ablest leader.
The conclusion of Sir Charles's vigorous speech was greeted with irrepressible applause.
Mr. SPIGOT, Q.C., in closing the case for the prosecution, asked the jury to return a verdict against the prisoner for as malicious and premeditated a crime as ever disgraced the annals of any civilised country. His cleverness and education had only been utilised for the devil's ends, while his reputation had been used as a cloak. Everything pointed strongly to the prisoner's guilt. On receiving Miss Dymond's letter announcing her shame, and (probably) her intention to commit suicide, he had hastened upstairs to denounce Constant. He had then rushed to the girl's lodgings, and, finding his worst fears confirmed, planned at once his diabolically ingenious scheme of revenge. He told his landlady he was going to Devonport, so that if he bungled, the police would be put temporarily off his track. His real destination was Liverpool, for he intended to leave the country. Lest, however, his plan should break down here, too, he arranged an ingenious alibi by being driven to Euston for the 5.15 train to Liverpool. The cabman would not know he did not intend to go by it, but meant to return to 11 Glover Street, there to perpetrate this foul crime, interruption to which he had possibly barred by drugging his landlady. His presence at Liverpool (whither he really went by the second train) would corroborate the cabman's story. That night he had not undressed nor gone to bed; he had plotted out his devilish scheme till it was perfect; the fog came as an unexpected ally to cover his movements. Jealousy, outraged affection, the desire for revenge, the lust for political power-these were human. They might pity the criminal, they could not find him innocent of the crime.
Mr. Justice CROGIE, summing up, began dead against the prisoner. Reviewing the evidence, he pointed out that plausible hypotheses neatly dove-tailed did not necessarily weaken one another, the fitting so well together of the whole rather making for the truth of the parts. Besides, the case for the prosecution was as far from being all hypothesis as the case for the defence was from excluding hypotheses. The key, the letter, the reluctance to produce the letter, the heated interview with Constant, the misstatement about the prisoner's destination, the flight to Liverpool, the false tale about searching for a "him," the denunciations of Constant, all these were facts. On the other hand, there were various lacunae and hypotheses in the case for the defence. Even conceding the somewhat dubious alibi afforded by the prisoner's presence at Euston at 5.25 A.M., there was no attempt to account for his movements between that and 7.15 A.M. It was as possible that he returned to Bow as that he lingered about Euston. There was nothing in the medical evidence to make his guilt impossible. Nor was there anything inherently impossible in Constant's yielding to the sudden temptation of a beautiful girl, nor in a working girl deeming herself deserted, temporarily succumbing to the fascinations of a gentleman and regretting it bitterly afterwards. What had become of the girl was a mystery. Hers might have been one of those nameless corpses which the tide swirls up on slimy river banks. The jury must remember, too, that the relation might not have actually passed into dishonour, it might have been just grave enough to smite the girl's conscience, and to induce her to behave as she had done. It was enough that her letter should have excited the jealousy of the prisoner. There was one other point which he would like to impress on the jury, and which the counsel for the prosecution had not sufficiently insisted upon. This was that the prisoner's guiltiness was the only plausible solution that had ever been advanced of the Bow Mystery. The medical evidence agreed that Mr. Constant did not die by his own hand. Some one must therefore have murdered him. The number of people who could have had any possible reason or opportunity to murder him was extremely small. The prisoner had both reason and opportunity. By what logicians called the method of exclusion, suspicion would attach to him on even slight evidence. The actual evidence was strong and plausible, and now that Mr. Wimp's ingenious theory had enabled them to understand how the door could have been apparently locked and bolted from within, the last difficulty and the last argument for suicide had been removed. The prisoner's guilt was as clear as circumstantial evidence could make it. If they let him go free, the Bow Mystery might henceforward be placed among the archives of unavenged assassinations. Having thus well-nigh hung the prisoner, the judge wound up by insisting on the high probability of the story for the defence, though that, too, was dependent in important details upon the prisoner's mere private statements to his counsel. The jury, being by this time sufficiently muddled by his impartiality, were dismissed, with the exhortation to allow due weight to every fact and probability in determining their righteous verdict.
The minutes ran into hours, but the jury did not return. The shadows of night fell across the reeking, fevered court before they announced their verdict-
"Guilty!"
The judge put on his black cap.
The great reception arranged outside was a fiasco; the evening banquet was indefinitely postponed. Wimp had won; Grodman felt like a whipped cur.
XI.
"So you were right," Denzil could not help saying as he greeted Grodman a week afterwards. "I shall not live to tell the story of how you discovered the Bow murderer."
"Sit down," growled Grodman; "perhaps you will after al
l." There was a dangerous gleam in his eyes. Denzil was sorry he had spoken.
"I sent for you," Grodman said, "to tell you that on the night Wimp arrested Mortlake I had made preparations for your arrest."
Denzil gasped, "What for?"
"My dear Denzil, there is a little law in this country invented for the confusion of the poetic. The greatest exponent of the Beautiful is only allowed the same number of wives as the greengrocer. I do not blame you for not being satisfied with Jane-she is a good servant but a bad mistress-but it was cruel to Kitty not to inform her that Jane had a prior right in you, and unjust to Jane not to let her know of the contract with Kitty."
"They both know it now well enough, curse 'em," said the poet.
"Yes; your secrets are like your situations-you can't keep 'em long. My poor poet, I pity you-betwixt the devil and the deep sea."
"They're a pair of harpies, each holding over me the Damocles sword of an arrest for bigamy. Neither loves me."
"I should think they would come in very useful to you. You plant one in my house to tell my secrets to Wimp, and you plant one in Wimp's house to tell Wimp's secrets to me, I suppose. Out with some, then."
"Upon my honour, you wrong me. Jane brought me here, not I Jane. As for Kitty, I never had such a shock in my life as at finding her installed in Wimp's house."
"She thought it safer to have the law handy for your arrest. Besides, she probably desired to occupy a parallel position to Jane's. She must do something for a living; you wouldn't do anything for hers. And so you couldn't go anywhere without meeting a wife! Ha! ha! ha! Serve you right, my polygamous poet."
"But why should you arrest me?"
"Revenge, Denzil. I have been the best friend you ever had in this cold, prosaic world. You have eaten my bread, drunk my claret, written my book, smoked my cigars, and pocketed my money. And yet, when you have an important piece of information bearing on a mystery about which I am thinking day and night, you calmly go and sell it to Wimp."
"I did-didn't," stammered Denzil.
"Liar! Do you think Kitty has any secrets from me? As soon as I discovered your two marriages I determined to have you arrested for-your treachery. But when I found you had, as I thought, put Wimp on the wrong scent, when I felt sure that by arresting Mortlake he was going to make a greater ass of himself than even nature had been able to do, then I forgave you. I let you walk about the earth-and drink-freely. Now it is Wimp who crows-everybody pats him on the back-they call him the mystery man of the Scotland Yard tribe. Poor Tom Mortlake will be hanged, and all through your telling Wimp about Jessie Dymond!"
"It was you yourself," said Denzil, sullenly. "Everybody was giving it up. But you said 'Let us find out all that Arthur Constant did in the last few months of his life.' Wimp couldn't miss stumbling on Jessie sooner or later. I'd have throttled Constant, if I had known he'd touched her," he wound up with irrelevant indignation.
Grodman winced at the idea that he himself had worked ad majorem gloriam of Wimp. And yet, had not Mrs. Wimp let out as much at the Christmas dinner?
"What's past is past," he said gruffly. "But if Tom Mortlake hangs, you go to Portland."
"How can I help Tom hanging?"
"Help the agitation as much as you can. Write letters under all sorts of names to all the papers. Get everybody you know to sign the great petition. Find out where Jessie Dymond is-the girl who holds the proof of Mortlake's innocence."
"You really believe him innocent?"
"Don't be satirical, Denzil. Haven't I taken the chair at all the meetings? Am I not the most copious correspondent of the Press?"
"I thought it was only to spite Wimp."
"Rubbish. It's to save poor Tom. He no more murdered Arthur Constant than-you did!" He laughed an unpleasant laugh.
Denzil bade him farewell, frigid with fear.
Grodman was up to his ears in letters and telegrams. Somehow he had become the leader of the rescue party-suggestions, subscriptions came from all sides. The suggestions were burnt, the subscriptions acknowledged in the papers and used for hunting up the missing girl. Lucy Brent headed the list with a hundred pounds. It was a fine testimony to her faith in her dead lover's honour.
The release of the Jury had unloosed "The Greater Jury," which always now sits upon the smaller. Every means was taken to nullify the value of the "palladium of British liberty." The foreman and the jurors were interviewed, the judge was judged, and by those who were no judges. The Home Secretary (who had done nothing beyond accepting office under the Crown) was vituperated, and sundry provincial persons wrote confidentially to the Queen. Arthur Constant's backsliding cheered many by convincing them that others were as bad as themselves; and well-to-do tradesmen saw in Mortlake's wickedness the pernicious effects of Socialism. A dozen new theories were afloat. Constant had committed suicide by Esoteric Buddhism, as witness his devotion to Mme. Blavatsky, or he had been murdered by his Mahatma or victimised by Hypnotism, Mesmerism, Somnambulism, and other weird abstractions. Grodman's great point was-Jessie Dymond must be produced, dead or alive. The electric current scoured the civilised world in search of her. What wonder if the shrewder sort divined that the indomitable detective had fixed his last hope on the girl's guilt? If Jessie had wrongs why should she not have avenged them herself? Did she not always remind the poet of Joan of Arc?
Another week passed; the shadow of the gallows crept over the days; on, on, remorselessly drawing nearer, as the last ray of hope sank below the horizon. The Home Secretary remained inflexible; the great petitions discharged their signatures at him in vain. He was a Conservative, sternly conscientious; and the mere insinuation that his obstinacy was due to the politics of the condemned only hardened him against the temptation of a cheap reputation for magnanimity. He would not even grant a respite, to increase the chances of the discovery of Jessie Dymond. In the last of the three weeks there was a final monster meeting of protest. Grodman again took the chair, and several distinguished faddists were present, as well as numerous respectable members of society. The Home Secretary acknowledged the receipt of their resolutions. The Trade Unions were divided in their allegiance; some whispered of faith and hope, others of financial defalcations. The former essayed to organise a procession and an indignation meeting on the Sunday preceding the Tuesday fixed for the execution, but it fell through on a rumour of confession. The Monday papers contained a last masterly letter from Grodman exposing the weakness of the evidence, but they knew nothing of a confession. The prisoner was mute and disdainful, professing little regard for a life empty of love and burdened with self-reproach. He refused to see clergymen. He was accorded an interview with Miss Brent in the presence of a gaoler, and solemnly asseverated his respect for her dead lover's memory. Monday buzzed with rumours; the evening papers chronicled them hour by hour. A poignant anxiety was abroad. The girl would be found. Some miracle would happen. A reprieve would arrive. The sentence would be commuted. But the short day darkened into night even as Mortlake's short day was darkening. And the shadow of the gallows crept on and on, and seemed to mingle with the twilight.
The Grey Wig: Stories and Novelettes Page 20