I had not hitherto met Mr. Hornby, and as he now entered the box, I saw an elderly man, tall, florid, and well-preserved, but strained and wild in expression and displaying his uncontrollable agitation by continual nervous movements which contrasted curiously with the composed demeanour of the accused man. Nevertheless, he gave his evidence in a perfectly connected manner, recounting the events connected with the discovery of the crime in much the same words as I had heard Mr. Lawley use, though, indeed, he was a good deal more emphatic than that gentleman had been in regard to the excellent character borne by the prisoner.
After him came Mr. Singleton, of the fingerprint department at Scotland Yard, to whose evidence I listened with close attention. He produced the paper which bore the thumb-print in blood (which had previously been identified by Mr. Hornby) and a paper bearing the print, taken by himself, of the prisoner’s left thumb. These two thumb-prints, he stated, were identical in every respect.
“And you are of opinion that the mark on the paper that was found in Mr. Hornby’s safe, was made by the prisoner’s left thumb?” the magistrate asked in dry and business-like tones.
“I am certain of it.”
“You are of opinion that no mistake is possible?”
“No mistake is possible, your worship. It is a certainty.”
The magistrate looked at Anstey inquiringly, whereupon the barrister rose.
“We reserve our defence, your worship.”
The magistrate then, in the same placid, business-like manner, committed the prisoner for trial at the Central Criminal Court, refusing to accept bail for his appearance, and, as Reuben was led forth from the dock, the next case was called.
By special favour of the authorities, Reuben was to be allowed to make his journey to Holloway in a cab, thus escaping the horrors of the filthy and verminous prison van, and while this was being procured, his friends were permitted to wish him farewell.
“This is a hard experience, Hornby,” said Thorndyke, when we three were, for a few moments, left apart from the others; and as he spoke the warmth of a really sympathetic nature broke through his habitual impassivity. “But be of good cheer; I have convinced myself of your innocence and have good hopes of convincing the world—though this is for your private ear, you understand, to be mentioned to no one.”
Reuben wrung the hand of this “friend in need,” but was unable, for the moment, to speak; and, as his self-control was evidently strained to the breaking point, Thorndyke, with a man’s natural instinct, wished him a hasty good-bye, and passing his hand through my arm, turned away.
“I wish it had been possible to save the poor fellow from this delay, and especially from the degradation of being locked up in a jail,” he exclaimed regretfully as we walked down the street.
“There is surely no degradation in being merely accused of a crime,” I answered, without much conviction, however. “It may happen to the best of us; and he is still an innocent man in the eyes of the law.”
“That, my dear Jervis, you know, as well as I do, to be mere casuistry,” he rejoined. “The law professes to regard the unconvicted man as innocent; but how does it treat him? You heard how the magistrate addressed our friend; outside the court he would have called him Mr. Hornby. You know what will happen to Reuben at Holloway. He will be ordered about by warders, will have a number label fastened on to his coat, he will be locked in a cell with a spy-hole in the door, through which any passing stranger may watch him; his food will be handed to him in a tin pan with a tin knife and spoon; and he will be periodically called out of his cell and driven round the exercise yard with a mob composed, for the most part, of the sweepings of the London slums. If he is acquitted, he will be turned loose without a suggestion of compensation or apology for these indignities or the losses he may have sustained through his detention.”
“Still I suppose these evils are unavoidable,” I said.
“That may or may not be,” he retorted. “My point is that the presumption of innocence is a pure fiction; that the treatment of an accused man, from the moment of his arrest, is that of a criminal. However,” he concluded, hailing a passing hansom, “this discussion must be adjourned or I shall be late at the hospital. What are you going to do?”
“I shall get some lunch and then call on Miss Gibson to let her know the real position.”
“Yes, that will be kind, I think; baldly stated, the news may seem rather alarming. I was tempted to thrash the case out in the police court, but it would not have been safe. He would almost certainly have been committed for trial after all, and then we should have shown our hand to the prosecution.”
He sprang into the hansom and was speedily swallowed up in the traffic, while I turned back towards the police court to make certain inquiries concerning the regulations as to visitors at Holloway prison. At the door I met the friendly inspector from Scotland Yard, who gave me the necessary information, whereupon with a certain homely little French restaurant in my mind I bent my steps in the direction of Soho.
CHAPTER VII
SHOALS AND QUICKSANDS
When I arrived at Endsley Gardens, Miss Gibson was at home, and to my unspeakable relief, Mrs. Hornby was not. My veneration for that lady’s moral qualities was excessive, but her conversation drove me to the verge of insanity—an insanity not entirely free from homicidal tendencies.
“It is good of you to come—though I thought you would,” Miss Gibson said impulsively, as we shook hands. “You have been so sympathetic and human—both you and Dr. Thorndyke—so free from professional stiffness. My aunt went off to see Mr. Lawley directly we got Walter’s telegram.”
“I am sorry for her,” I said (and was on the point of adding “and him,” but fortunately a glimmer of sense restrained me); “she will find him dry enough.”
“Yes; I dislike him extremely. Do you know that he had the impudence to advise Reuben to plead ‘guilty’?”
“He told us he had done so, and got a well-deserved snubbing from Thorndyke for his pains.”
“I am so glad,” exclaimed Miss Gibson viciously. “But tell me what has happened. Walter simply said ‘Transferred to higher court,’ which we agreed was to mean, ‘Committed for trial.’ Has the defence failed? And where is Reuben?”
“The defence is reserved. Dr. Thorndyke considered it almost certain that the case would be sent for trial, and that being so, decided that it was essential to keep the prosecution in the dark as to the line of defence. You see, if the police knew what the defence was to be they could revise their own plans accordingly.”
“I see that,” said she dejectedly, “but I am dreadfully disappointed. I had hoped that Dr. Thorndyke would get the case dismissed. What has happened to Reuben?”
This was the question that I had dreaded, and now that I had to answer it I cleared my throat and bent my gaze nervously on the floor.
“The magistrate refused bail,” I said after an uncomfortable pause.
“Well?”
“Consequently Reuben has been—er—detained in custody.”
“You don’t mean to say that they have sent him to prison?” she exclaimed breathlessly.
“Not as a convicted prisoner, you know. He is merely detained pending his trial.”
“But in prison?”
“Yes,” I was forced to admit; “in Holloway prison.”
She looked me stonily in the face for some seconds, pale and wide-eyed, but silent; then, with a sudden catch in her breath, she turned away, and, grasping the edge of the mantel-shelf, laid her head upon her arm and burst into a passion of sobbing.
Now I am not, in general, an emotional man, nor even especially impulsive; but neither am I a stock or a stone or an effigy of wood; which I most surely must have been if I could have looked without being deeply moved on the grief, so natural and unselfish, of this strong, brave, loyal-hearted woman. In effect, I moved to her side and, gently taking in mine the hand that hung down, murmured some incoherent words of consolation in a particularly husky
voice.
Presently she recovered herself somewhat and softly withdrew her hand, as she turned towards me drying her eyes.
“You must forgive me for distressing you, as I fear I have,” she said; “for you are so kind, and I feel that you are really my friend and Reuben’s.”
“I am indeed, dear Miss Gibson,” I replied, “and so, I assure you, is my colleague.”
“I am sure of it,” she rejoined. “But I was so unprepared for this—I cannot say why, excepting that I trusted so entirely in Dr. Thorndyke—and it is so horrible and, above all, so dreadfully suggestive of what may happen. Up to now the whole thing has seemed like a nightmare—terrifying, but yet unreal. But now that he is actually in prison, it has suddenly become a dreadful reality and I am overwhelmed with terror. Oh! Poor boy! What will become of him? For pity’s sake, Dr. Jervis, tell me what is going to happen.”
What could I do? I had heard Thorndyke’s words of encouragement to Reuben and knew my colleague well enough to feel sure that he meant all he had said. Doubtless my proper course would have been to keep my own counsel and put Miss Gibson off with cautious ambiguities. But I could not; she was worthy of more confidence than that.
“You must not be unduly alarmed about the future,” I said. “I have it from Dr. Thorndyke that he is convinced of Reuben’s innocence, and is hopeful of being able to make it clear to the world. But I did not have this to repeat,” I added, with a slight qualm of conscience.
“I know,” she said softly, “and I thank you from my heart.”
“And as to this present misfortune,” I continued, “you must not let it distress you too much. Try to think of it as of a surgical operation, which is a dreadful thing in itself, but is accepted in lieu of something which is immeasurably more dreadful.”
“I will try to do as you tell me,” she answered meekly; “but it is so shocking to think of a cultivated gentleman like Reuben, herded with common thieves and murderers, and locked in a cage like some wild animal. Think of the ignominy and degradation!”
“There is no ignominy in being wrongfully accused,” I said—a little guiltily, I must own, for Thorndyke’s words came back to me with all their force. But regardless of this I went on: “An acquittal will restore him to his position with an unstained character, and nothing but the recollection of a passing inconvenience to look back upon.”
She gave her eyes a final wipe, and resolutely put away her handkerchief.
“You have given me back my courage,” she said, “and chased away my terror. I cannot tell you how I feel your goodness, nor have I any thank-offering to make, except the promise to be brave and patient henceforth, and trust in you entirely.”
She said this with such a grateful smile, and looked withal so sweet and womanly that I was seized with an overpowering impulse to take her in my arms. Instead of this I said with conscious feebleness: “I am more than thankful to have been able to give you any encouragement—which you must remember comes from me second-hand, after all. It is to Dr. Thorndyke that we all look for ultimate deliverance.”
“I know. But it is you who came to comfort me in my trouble, so, you see, the honours are divided—and not divided quite equally, I fear, for women are unreasoning creatures, as, no doubt, your experience has informed you. I think I hear my aunt’s voice, so you had better escape before your retreat is cut off. But before you go, you must tell me how and when I can see Reuben. I want to see him at the earliest possible moment. Poor fellow! He must not be allowed to feel that his friends have forgotten him even for a single instant.”
“You can see him tomorrow, if you like,” I said; and, casting my good resolutions to the winds, I added: “I shall be going to see him myself, and perhaps Dr. Thorndyke will go.”
“Would you let me call at the Temple and go with you? Should I be much in the way? It is rather an alarming thing to go to a prison alone.”
“It is not to be thought of,” I answered. “If you will call at the Temple—it is on the way—we can drive to Holloway together. I suppose you are resolved to go? It will be rather unpleasant, as you are probably aware.”
“I am quite resolved. What time shall I come to the Temple?”
“About two o’clock, if that will suit you.”
“Very well. I will be punctual; and now you must go or you will be caught.”
She pushed me gently towards the door and, holding out her hand, said—
“I haven’t thanked you half enough and I never can. Good-bye!”
She was gone, and I stood alone in the street, up which yellowish wreaths of fog were beginning to roll. It had been quite clear and bright when I entered the house, but now the sky was settling down into a colourless grey, the light was failing and the houses dwindling into dim, unreal shapes that vanished at half their height. Nevertheless I stepped out briskly and strode along at a good pace, as a young man is apt to do when his mind is in somewhat of a ferment. In truth, I had a good deal to occupy my thoughts and, as will often happen both to young men and old, those matters that bore most directly upon my own life and prospects were the first to receive attention.
What sort of relations were growing up between Juliet Gibson and me? And what was my position? As to hers, it seemed plain enough; she was wrapped up in Reuben Hornby and I was her very good friend because I was his. But for myself, there was no disguising the fact that I was beginning to take an interest in her that boded ill for my peace of mind.
Never had I met a woman who so entirely realised my conception of what a woman should be, nor one who exercised so great a charm over me. Her strength and dignity, her softness and dependency, to say nothing of her beauty, fitted her with the necessary weapons for my complete and utter subjugation. And utterly subjugated I was—there was no use in denying the fact, even though I realised already that the time would presently come when she would want me no more and there would remain no remedy for me but to go away and try to forget her.
But was I acting as a man of honour? To this I felt I could fairly answer “yes,” for I was but doing my duty, and could hardly act differently if I wished to. Besides, I was jeopardising no one’s happiness but my own, and a man may do as he pleases with his own happiness. No; even Thorndyke could not accuse me of dishonourable conduct.
Presently my thoughts took a fresh turn and I began to reflect upon what I had heard concerning Mr. Hornby. Here was a startling development, indeed, and I wondered what difference it would make in Thorndyke’s hypothesis of the crime. What his theory was I had never been able to guess, but as I walked along through the thickening fog I tried to fit this new fact into our collection of data and determine its bearings and significance.
In this, for a time, I failed utterly. The red thumb-mark filled my field of vision to the exclusion of all else. To me, as to everyone else but Thorndyke, this fact was final and pointed to a conclusion that was unanswerable. But as I turned the story of the crime over and over, there came to me presently an idea that set in motion a new and very startling train of thought.
Could Mr. Hornby himself be the thief? His failure appeared sudden to the outside world, but he must have seen difficulties coming. There, indeed, was the thumb-mark on the leaf which he had torn from his pocket-block. Yes! But who had seen him tear it off? No one. The fact rested on his bare statement.
But the thumb-mark? Well, it was possible (though unlikely)—still possible—that the mark might have been made accidentally on some previous occasion and forgotten by Reuben, or even unnoticed. Mr. Hornby had seen the “Thumbograph,” in fact his own mark was in it, and so would have had his attention directed to the importance of fingerprints in identification. He might have kept the marked paper for future use, and, on the occasion of the robbery, pencilled a dated inscription on it, and slipped it into the safe as a sure means of diverting suspicion. All this was improbable in the highest degree, but then so was every other explanation of the crime; and as to the unspeakable baseness of the deed, what action is too base for a gam
bler in difficulties?
I was so much excited and elated by my own ingenuity in having formed an intelligible and practicable theory of the crime, that I was now impatient to reach home that I might impart my news to Thorndyke and see how they affected him. But as I approached the centre of the town the fog grew so dense that all my attention was needed to enable me to thread my way safely through the traffic; while the strange, deceptive aspect that it lent to familiar objects and the obliteration of landmarks made my progress so slow that it was already past six o’clock when I felt my way down Middle Temple Lane and crept through Crown Office Row towards my colleague’s chambers.
On the doorstep I found Polton peering with anxious face into the blank expanse of yellow vapour.
“The Doctor’s late, sir,” said he. “Detained by the fog, I expect. It must be pretty thick in the Borough.”
(I may mention that, to Polton, Thorndyke was The Doctor. Other inferior creatures there were, indeed, to whom the title of “doctor” in a way, appertained; but they were of no account in Polton’s eyes. Surnames were good enough for them.)
“Yes, it must be,” I replied, “judging by the condition of the Strand.”
I entered and ascended the stairs, glad enough of the prospect of a warm and well-lighted room after my comfortless groping in the murky streets, and Polton, with a final glance up and down the walk reluctantly followed.
“You would like some tea, sir, I expect?” said he, as he let me in (though I had a key of my own now).
I thought I should, and he accordingly set about the preparations in his deft methodical way, but with an air of abstraction that was unusual with him.
“The Doctor said he should be home by five,” he remarked, as he laid the tea-pot on the tray.
The First R. Austin Freeman Megapack: 27 Mystery Tales of Dr. Thorndyke & Others Page 8