“Who’s the long-nosed fellow talking to Jellicoe?” Mr. Bellingham asked.
“That is Mr. Loram, K.C., Mr. Hurst’s counsel; and the convivial-looking gentleman next to him is our counsel, Mr. Heath, a most able man and”—here Mr. Marchmont whispered behind his hand—“fully instructed by Doctor Thorndyke.”
At this juncture the judge entered and took his seat; the usher proceeded with great rapidity to swear in the jury, and the Court gradually settled down into that state of academic quiet which it maintained throughout the proceedings, excepting when the noisy swing-doors were set oscillating by some bustling clerk or reporter.
The judge was a somewhat singular-looking old gentleman, very short as to his face and very long as to his mouth; which peculiarities, together with a pair of large and bulging eyes (which he usually kept closed), suggested a certain resemblance to a frog. And he had a curious froglike trick of flattening his eyelids—as if in the act of swallowing a large beetle—which was the only outward and visible sign of emotion that he ever displayed.
As soon as the swearing-in of the jury was completed Mr. Loram rose to introduce the case; whereupon his lordship leaned back in his chair and closed his eyes, as if bracing himself for a painful operation.
“The present proceedings,” Mr. Loram explained, “are occasioned by the unaccountable disappearance of Mr. John Bellingham, of 141 Queen Square, Bloomsbury, which occurred about two years ago, or, to be more precise, on the twenty-third of November, nineteen hundred and two. Since that date nothing has been heard of Mr. Bellingham, and, as there are certain substantial reasons for believing him to be dead, the principal beneficiary under his will, Mr. George Hurst, is now applying to the Court for permission to presume the death of the testator and prove the will. As the time which has elapsed since the testator was last seen alive is only two years, the application is based upon the circumstances of the disappearance, which were, in many respects, very singular, the most remarkable feature of that disappearance being, perhaps, its suddenness and completeness.”
Here the judge remarked in a still, small voice that “It would, perhaps, have been even more remarkable if the testator had disappeared gradually and incompletely.”
“No doubt, my Lord,” agreed Mr. Loram; “but the point is that the testator, whose habits had always been regular and orderly, disappeared on the date mentioned without having made any of the usual provisions for the conduct of his affairs, and has not since then been seen or heard of.”
With this preamble Mr. Loram proceeded to give a narrative of the events connected with the disappearance of John Bellingham, which was substantially identical with that which I had read in the newspapers; and having laid the actual facts before the jury, he went on to discuss their probable import.
“Now, what conclusion,” he asked, “will this strange, this most mysterious train of events suggest to an intelligent person who shall consider it impartially? Here is a man who steps forth from the house of his cousin or his brother, as the case may be, and forthwith, in the twinkling of an eye, vanishes from human ken. What is the explanation? Did he steal forth and, without notice or hint of his intention, take train to some seaport, thence to embark for some distant land, leaving his affairs to take care of themselves and his friends to speculate vainly as to his whereabouts? Is he now in hiding abroad, or even at home, indifferent alike to the safety of his own considerable property and the peace of mind of his friends? Or is it that death has come upon him unawares by sickness, by accident, or, more probably, by the hand of some unknown criminal? Let us consider the probabilities.
“Can he have disappeared by his own deliberate act? Why not? it may be asked. Men undoubtedly do disappear from time to time, to be discovered by chance or to reappear voluntarily after intervals of years and find their names almost forgotten and their places filled by newcomers. Yes; but there is always some reason for a disappearance of this kind, even though it be a bad one. Family discords that make life a weariness; pecuniary difficulties that make life a succession of anxieties; distaste for particular circumstances and surroundings from which there seems no escape; inherent restlessness and vagabond tendencies, and so on.
“Do any of these explanations apply to the present case? No, they do not. Family discords—at least those capable of producing chronic misery—appertain exclusively to the married state. But the testator was a bachelor with no encumbrances whatever. Pecuniary anxieties can be equally excluded. The testator was in easy, in fact, in affluent circumstances. His mode of life was apparently agreeable and full of interest and activity, and he had full liberty to change it if he wished. He had been accustomed to travel, and could do so again without absconding. He had reached an age when radical changes do not seem desirable. He was a man of fixed and regular habits, and his regularity was of his own choice and not due to compulsion or necessity. When last seen by his friends, as I shall prove, he was proceeding to a definite destination with the expressed intention of returning for purposes of his own appointing. He did return and then vanished, leaving those purposes unachieved.
“If we conclude that he has voluntarily disappeared and is at present in hiding, we adopt an opinion that is entirely at variance with all these weighty facts. If, on the other hand, we conclude that he has died suddenly, or has been killed by an accident or otherwise, we are adopting a view that involves no inherent improbabilities and that is entirely congruous with the known facts; facts that will be proved by the testimony of the witnesses whom I shall call. The supposition that the testator is dead is not only more probable than that he is alive; I submit that it is the only reasonable explanation of the circumstances of his disappearance.
“But this is not all. The presumption of death which arises so inevitably out of the mysterious and abrupt manner in which the testator disappeared has recently received most conclusive and dreadful confirmation. On the fifteenth of July last there were discovered at Sidcup the remains of a human arm—a left arm, gentlemen, from the hand of which the third, or ring, finger was missing. The doctor who has examined that arm will tell you that that finger was cut off either after death or immediately before; and his evidence will prove conclusively that that arm must have been deposited in the place where it was found just about the time when the testator disappeared. Since that first discovery, other portions of the same mutilated body have come to light; and it is a strange and significant fact that they have all been found in the immediate neighbourhood of Eltham or Woodford. You will remember, gentlemen, that it was either at Eltham or Woodford that the testator was last seen alive.
“And now observe the completeness of the coincidence. These human remains, as you will be told presently by the experienced and learned medical gentleman who has examined them most exhaustively, are those of a man of about sixty years of age, about five feet eight inches in height, fairly muscular and well preserved, apparently healthy, and rather stoutly built. Another witness will tell you that the missing man was about sixty years of age, about five feet eight inches in height, fairly muscular and well preserved, apparently healthy, and rather stoutly built. And—another most significant and striking fact—the testator was accustomed to wear upon the third finger of his left hand—the very finger that is missing from the remains that were found—a most peculiar ring, which fitted so tightly that he was unable to get it off after once putting it on; a ring, gentlemen, of so peculiar a pattern that had it been found on the body must have instantly established the identity of the remains. In a word, gentlemen, the remains which have been found are those of a man exactly like the testator; they differ from him in no respect whatever; they display a mutilation which suggests an attempt to conceal an identifying peculiarity which he undoubtedly presented; and they were deposited in their various hiding-places about the time of the testator’s disappearance. Accordingly, when you have heard these facts proved by the sworn testimony of competent witnesses, together with the facts relating to the disappearance, I shall ask you for a verdict i
n accordance with that evidence.”
Mr. Loram sat down, and adjusting a pair of pince-nez, rapidly glanced over his brief while the usher was administering the oath to the first witness.
This was Mr. Jellicoe, who stepped into the box and directed a stony gaze at the (apparently) unconscious judge. The usual preliminaries having been gone through, Mr. Loram proceeded to examine him.
“You were the testator’s solicitor and confidential agent, I believe?”
“I was—and am.”
“How long have you known him?”
“Twenty-seven years.”
“Judging from your experience of him, should you say that he was a person likely to disappear voluntarily and suddenly to cease to communicate with his friends?”
“No.”
“Kindly give your reasons for that opinion.”
“Such conduct on the part of the testator would be entirely opposed to his habits and character as they are known to me. He was exceedingly regular and businesslike in his dealings with me. When travelling abroad he always kept me informed as to his whereabouts, or, if he was likely to be beyond reach of communications, he always advised me beforehand. One of my duties was to collect a pension which he drew from the Foreign Office, and on no occasion, previous to his disappearance, has he ever failed to furnish me punctually with the necessary documents.”
“Had he, so far as you know, any reasons for wishing to disappear?”
“No.”
“When and where did you last see him alive?”
“At six o’clock in the evening, on the fourteenth of October, nineteen hundred and two, at 141 Queen Square, Bloomsbury.”
“Kindly tell us what happened on that occasion.”
“The testator had called for me at my office at a quarter past three, and asked me to come with him to his house to meet Doctor Norbury. I accompanied him to 141 Queen Square, and shortly after we arrived Doctor Norbury came to look at some antiquities that the testator proposed to give to the British Museum. The gift consisted of a mummy with the four Canopic jars and other tomb-furniture, which the testator stipulated should be exhibited together in a single case and in the state in which they were then presented. Of these objects, the mummy only was ready for inspection. The tomb-furniture had not yet arrived in England, but was expected within a week. Doctor Norbury accepted the gift on behalf of the Museum, but could not take possession of the objects until he had communicated with the Director and obtained his formal authority. The testator accordingly gave me certain instructions concerning the delivery of the gift, as he was leaving England that evening.”
“Are those instructions relevant to the subject of this inquiry?”
“I think they are. The testator was going to Paris, and perhaps from thence to Vienna. He instructed me to receive and unpack the tomb-furniture on its arrival, and to store it, with the mummy, in a particular room, where it was to remain for three weeks. If he returned within that time he was to hand it over in person to the Museum authorities; if he had not returned within that time, he desired me to notify the Museum authorities that they were at liberty to take possession of and remove the collection at their convenience. From these instructions I gathered that the testator was uncertain as to the length of his absence from England and the extent of his journey.”
“Did he state precisely where he was going?”
“No. He said that he was going to Paris and perhaps to Vienna, but he gave no particulars and I asked for none.”
“Do you, in fact, know where he went?”
“No. He left the house at six o’clock wearing a long, heavy overcoat and carrying a suitcase and an umbrella. I wished him ‘Good-bye’ at the door and watched him walk away as if going towards Southampton Row. I have no idea where he went, and I never saw him again.”
“Had he no other luggage than the suitcase?”
“I do not know, but I believe not. He was accustomed to travel with the bare necessaries, and to buy anything further that he wanted en route.”
“Did he say nothing to the servants as to the probable date of his return?”
“There were no servants excepting the caretaker. The house was not used for residential purposes. The testator slept and took his meals at his club, though he kept his clothes at the house.”
“Did you receive any communication from him after he left?”
“No. I never heard from him again in any way. I waited for three weeks as he had instructed me, and then notified the Museum authorities that the collection was ready for removal. Five days later Doctor Norbury came and took formal possession of it, and it was transferred to the Museum forthwith.”
“When did you next hear of the testator?”
“On the twenty-third of November following at a quarter past seven in the evening. Mr. George Hurst came to my rooms, which are over my office, and informed me that the testator had called at his house during his absence and had been shown into the study to wait for him. That on his—Mr. Hurst’s—arrival it was found that the testator had disappeared without acquainting the servants with his intended departure, and without being seen by anyone to leave the house. Mr. Hurst thought this so remarkable that he had hastened up to town to inform me. I also thought it a remarkable circumstance, especially as I had received no communication from the testator, and we both decided that it was advisable to inform the testator’s brother, Godfrey, of what had happened.
“Accordingly Mr. Hurst and I proceeded as quickly as possible to Liverpool Street and took the first train available to Woodford, where Mr. Godfrey Bellingham then resided. We arrived at his house at five minutes to nine, and were informed by the servant that he was not at home, but that his daughter was in the library, which was a detached building situated in the grounds. The servant lighted a lantern and conducted us through the grounds to the library, where we found Mr. Godfrey Bellingham and Miss Bellingham. Mr. Godfrey had only just come in and had entered by the back gate, which had a bell that rang in the library. Mr. Hurst informed Mr. Godfrey of what had occurred, and then we all left the library to walk up to the house. A few paces from the library I noticed by the light of the lantern, which Mr. Godfrey was carrying, a small object lying on the lawn. I pointed it out to him and he picked it up, and then we all recognised it as a scarab that the testator was accustomed to wear on his watch-chain. It was fitted with a gold wire passed through the suspension hole and a gold ring. Both the wire and the ring were in position, but the ring was broken. We went to the house and questioned the servants as to visitors; but none of them had seen the testator, and they all agreed that no visitor whatsoever had come to the house during the afternoon, or evening. Mr. Godfrey and Miss Bellingham both declared that they had neither seen nor heard anything of the testator, and were both unaware that he had returned to England. As the circumstances were somewhat disquieting, I communicated, on the following morning, with the police and requested them to make inquiries; which they did, with the result that a suitcase, bearing the initials ‘J.B.’, was found to be lying unclaimed in the cloak-room at Charing Cross Station. I was able to identify the suitcase as that which I had seen the testator carry away from Queen Square. I was also able to identify some of the contents. I interviewed the cloak-room attendant, who informed me that the suitcase had been deposited on the twenty-third at about 4:15 P.M. He had no recollection of the person who deposited it. It remained unclaimed in the possession of the railway company for three months, and was then surrendered to me.”
“Were there any marks or labels on it showing the route by which it had travelled?”
“There were no labels on it and no marks other than the initials ‘J.B.’”
“Do you happen to know the testator’s age?”
“Yes. He was fifty-nine on the eleventh of October, nineteen hundred and two.”
“Can you tell us what his height was?”
“Yes. He was exactly five feet eight inches.”
“What sort of health had he?”
“So far as I know his health was good. I am not aware that he suffered from any disease. I am only judging by his appearance, which was that of a healthy man.”
“Should you describe him as well preserved or otherwise?”
“I should describe him as a well-preserved man for his age.”
“How should you describe his figure?”
“I should describe him as rather broad and stout in build, and fairly muscular, though not exceptionally so.”
Mr. Loram made a rapid note of these answers, and then said:
“You have told us, Mr. Jellicoe, that you have known the testator intimately for twenty-seven years. Now, did you ever notice whether he was accustomed to wear any rings upon his fingers?”
“He wore upon the third finger of his left hand a copy of an antique ring which bore the device of the Eye of Osiris. That was the only ring he ever wore as far as I know.”
“Did he wear it constantly?”
“Yes, necessarily; because it was too small for him, and having once squeezed it on he was never able to get it off again.”
This was the sum of Mr. Jellicoe’s evidence, and at its conclusion the witness glanced inquiringly at Mr. Bellingham’s counsel. But Mr. Heath remained seated, attentively considering the notes that he had just made, and finding that there was to be no cross-examination, Mr. Jellicoe stepped down from the box. I leaned back on my bench, and, turning my head, observed Miss Bellingham deep in thought.
“What do you think of it?” I asked.
“It seems very complete and conclusive,” she replied. And then, with a sigh, she murmured: “Poor old Uncle John! How horrid it sounds to talk of him in this cold-blooded, businesslike way, as ‘the testator,’ as if he were nothing but a sort of algebraical sign.”
“There isn’t much room for sentiment, I suppose, in the proceedings of the Probate Court,” I replied. To which she assented, and then asked: “Who is this lady?”
The First R. Austin Freeman Megapack: 27 Mystery Tales of Dr. Thorndyke & Others Page 64