'What was his manner when he said this?'
'Very cold and curt, which is a dangerous sign with him.'
‘I see. What happened then?'
'Well, I said: "But surely you will invite him to dinner?" He looked at me for a second and said: "We will not invite him to dinner, or anywhere else." Then he walked out of the room.'
Slowly counsel leaned back against the bench. The man in the dock looked up briefly.
'Now, Miss Jordan, I understand that about 1.30 on Saturday afternoon you were passing the door of the drawing-room in the hall?'
'Yes.'
'And you heard Mr Hume speaking through the telephone in the drawing-room?' ‘Yes.'
'Did you look into the room?'
'Yes. He was sitting over at the table between the windows, where the telephone is. He had his back to me.'
'Will you repeat, as nearly as you can, the exact words you heard him speak?'
The witness inclined her head calmly. 'He said: "Considering what I have heard, Mr Answell -"'
'You will swear to the words, "Considering what I have heard -?"
‘I will.'
'Go on, please.'
"Considering what I have heard, I think it best that we should settle matters concerning my daughter."
The judge turned his small eyes towards counsel and spoke in the same unhurried voice:
'Mr Lawton, do you propose to establish that it was the prisoner speaking at the other end of the telephone?'
'My lord, with your permission, we shall produce a witness who overheard both sides of the conversation on an extension of the telephone at the end of the hall; and will, I think, be willing to testify as to whether or not it was the prisoner's voice speaking.'
From the left side of the front bench issued a vast throat-clearing. It had an evil and war-hunting quality. Up rose H.M. leaning his knuckles on the desk. For some reason the tail of his wig seemed to stick up straight behind like a pigtail. His voice was the first human sound we had heard here.
'Me lord,' rumbled H.M., 'if it's goin' to save the court's time any, we're ready to admit that it was the prisoner speakin’. In fact, we're goin' to insist on it.'
After bows, and a curious feeling of wonder in the court, he thumped down. Under iron politeness the amusement among counsel communicated itself to Mr Lawton's grave bow.
'You may proceed, Mr Lawton,' said the judge.
Counsel turned to the witness. 'You have told us that the deceased said: "Considering what I have heard, Mr Answell, I think it best that we should settle matters concerning my daughter." What else did he say?'
'He said: "Yes, I quite appreciate that" - waiting, you see, as though the other person had said something in the meantime - "but this is not the place to discuss it. Can you arrange to call at my home?" Then: "Would six o'clock this evening be convenient?"'
'What was his tone when he said this?'
"Very curt and formal.'
'And what happened then?'
'He put up the receiver quite quietly, and looked at the phone for a moment, and then he said: "My dear Answell, I'll settle your hash, damn you."'
Pause.
'And how did he speak these words?' 'The same way he had spoken before, only more satisfied.'
'You gathered that he was talking to himself: that is to say, speaking his thoughts aloud?' 'Yes.'
Like most witnesses, when coming to tell a story or quoting actual words, she was on the defensive. She seemed to feel that each word she said might be picked up and used against her. Under the shadow of the black hat, with its brim like the peak of a cap, her faded good looks and fashionable glasses seemed to withdraw. If there is such a thing as a severely practical clinging-vine, it was Amelia Jordan. She had a singularly sweet voice, which gave even the mild expletive 'damn' a sound of incongruity.
"What did you do after you had heard this?'
'I went away quickly.' Hesitation. 'I was so - well, so shocked at all this sudden change, and the way he spoke about Mr Answell, that I did not know what to think; and I did not want him to see me.'
'Thank you.' Counsel reflected."Considering what I have heard" repeated Lawton, in a ruminative way, but with very distinct pronunciation. 'Was it your impression that Mr Hume had heard something against the prisoner which had caused him to change his mind so forcibly?'
The judge spoke without a muscle seeming to move in his face.
'Mr Lawton, I cannot allow that. Counsel has already stated that the Crown attempt to show no definite cause in this matter. You will therefore refrain from implying one.'
'Beg-lordship's-pardon,' said the other with hearty humility, and an immediate turn. 'I assure your lordship that it was far from my intention. Let me try again. Miss Jordan: should you describe Mr Hume as a man whose conduct was governed by whims?'
'No, of all people.'
'He was a reasonable man, influenced by reasons?' ‘Yes.'
'If (let us say) he thought John Smith an intelligent man on Monday, he would not think him a complete imbecile on Tuesday unless he had discovered some good reason for thinking, so?'
The judge's soft voice silenced every creak in the court.
'Mr Lawton, I must insist that you stop leading the witness.'
Counsel, in gentlemanly humility, muttered: 'If-yr-ludship-pleases,' and went on: 'Now, Miss Jordan, let us come to the evening of January 4th. At six o'clock on that evening, how many people (to your knowledge) were in the house?'
'There was Mr Hume, and Dyer, and myself.' 'Are there no other occupants?'
'Yes, Dr Hume and a cook and a maid. But the cook and the maid had the evening off. And I was to pick up Dr Hume in the car at St Praed's Hospital as near six-fifteen as I could, because we were driving straight down to Sussex from there -'
'Quite, Miss Jordan,' interposed counsel, smoothing away the volubility of nervousness. 'Where were you at about six-ten?'
'I was upstairs, packing up. Dr Hume had asked me whether I would put a few things into a suitcase for him, because he did not have time to come home from the hospital to get them; and I was packing my own valise -'
'Exactly; we quite understand. I believe that at about six-ten you heard the front-door bell ring?'
‘Yes.'
'What did you do?'
'I ran out to the stairs and looked over the banisters.'
'Did you see the prisoner come in?'
'Yes. I - I peeped through the lower part of the banisters,' said the witness, and flushed. She added: 'I wanted to see what he looked like.'
'Quite natural. Will you describe what happened?'
'Dyer opened the door. The - that man over there,' with a quick look, 'came in. He said his name was Answell, and that Mr Hume was expecting him. He dropped his hat on the floor. Dyer asked him for his hat and coat, and he said he preferred to keep his coat on.'
'He preferred to keep his overcoat on,' said counsel slowly. 'What was his demeanour then?'
'He spoke very angrily.'
'And after that?'
'Dyer took him down the hall, and round the bend of the little passage that goes to the study. He looked up at me as he went past. They went into the study, and that is all I saw. I went upstairs to finish packing. I did not know what to think.'
'Just tell us what you did, Miss Jordan; that will be sufficient. Let us go on to a few minutes before half-past six. Where were you then?'
'I put on my hat and coat and picked up the bags and came downstairs. Dyer had been told to bring the car round from the garage in Mount Street and put it at the door. I had been expecting him to call me, but when I came downstairs I could not find anyone. I went down to the study door to find out whether Mr Hume had any last messages or instructions before I left.'
'He had no "last messages", Miss Jordan,' commented Mr Lawton, with unscrupulous grimness. 'What did you do?'
'I was going to knock at the door when I heard someone behind it say: "Get up, damn you."' Again the word fell with some incongruity
from her lips. She pronounced it self-consciously, as people do in public.
'Anything else?'
'Yes, I think it also said: "Get up off that floor and say something."' 'Was it a loud voice?' 'Rather loud.'
'Was it the prisoner's voice?'
'I know now it was. I hardly recognized it then. I associated it somehow with what I had heard Mr Hume say that morning -'
'Did you try the door?'
'Yes, for a second.'
'Was it bolted on the inside?'
'Well, I did not think about its being bolted then. It was locked somehow.' 'And then?'
'Just then Dyer came round the corner of the passage with his hat and overcoat. I ran to him and said: "They are fighting; they are killing each other; go and stop them." He said: "I will go for a constable." I said: "You are a coward; run next door and fetch Mr Fleming."' 'What were you doing then?'
‘I was dancing up and down, I think. He would not go; he said that I had better go in case anything happened, and with me alone in the house. So I did.'
'You found Mr Fleming quickly?'
'Yes, he was just coming down the steps of his house.'
'He returned to the house with you?'
'Yes, and we found Dyer coming from the back of the hall with a poker in his hand. Mr Fleming said: "What is happening?" Dyer said: "It is very quiet in there."'
'The three of you went to the study door, I understand?'
'Yes, and Dyer knocked. Then Mr Fleming knocked and hit harder.' 'And then?'
'Well, we heard steps, like, inside; and then someone started to draw the bolt.'
'You are positive that the door was then bolted, and that the bolt had to be withdrawn?'
'Yes, to judge by the sound of it. It worked about a bit, you know; and slid, and the door thumped a little.'
'How long a time should you say elapsed between the time of the knocking and the time the bolt was drawn?'
T don't know. Perhaps it was not very long, but it seemed like ages.'
'A full minute, should you say?'
'Maybe.'
'Please tell the jury what happened then.'
She did not tell the jury. She looked at her hands on the edge of the rail. 'The door opened a few inches, and someone looked out. I saw it was that man. Then he opened the door and said: "All right; you had better come in." Mr Fleming ran in, and Dyer walked after him.'
'Did you go into the room?'
"No, I stayed by the door.'
'Just say exactly what you saw.'
'I saw Avory lying beside the desk, on his back, with his feet towards me.'
'Have you seen these photographs?' He indicated. 'I think you nodded, Miss Jordan? Yes. Thank you. Just take that in your hand, if you will.'
-The yellow booklet was handed up to her.
'Look at photograph number 5, please. Is that how he was lying?'
'Yes. I think so.'
'Believe me, I deeply ... yes, you may hand it down. How near the body did you go?'
'No nearer than the door. They said he was dead.'
'Who said he was dead?'
'Mr Fleming, I think.'
'Do you recall anything the accused said?'
'I remember the first part of it. Mr Fleming asked him who did it, and the accused said: "I suppose you will say I did it." Mr Fleming said: "Well, you have finished him; we had better send for the police." I remember what I saw very well, but I cannot remember much of what I heard. I was not feeling quite right.'
"What was the accused's demeanour?'
'Very calm and collected, I thought, except that his neck-tie was hanging out over his overcoat.'
"What did the accused do when Mr Fleming spoke of sending for the police?'
'He sat down in a chair by the desk, and got a cigarette-case out of his inside pocket, and took out a cigarette and lighted it.'
Mr Huntley Lawton put the tips of his fingers on his desk, remained quiet for a moment, and then bent down to confer with his leader; but I thought that this was a conference for emphasis. The end of that recital was like coming up from under water: you could feel the air drawn into your lungs. At one time or another everyone in court, I think - except the judge - had glanced at the prisoner; but it was a quick and unpleasantly furtive look, which made you glance back from the dock again. Mr Justice Rankin finished making his neat notes, the pen travelling steadily; he looked up, and waited. The witness now had an air of feeling that she must remain in the box for ever, and of trying to prepare herself for that.
Mr Huntley Lawton had only one more thrust. A quick rustle, as of settling back, went through the court when he addressed the witness again.
'I believe, Miss Jordan, that soon after the discovery of the body you were sent in the car to bring back Dr Spencer Hume from St Praed's Hospital in Praed Street?'
'Yes, Mr Fleming took me by the shoulder and said to drive over there and get him quickly, because if he had an operation or anything they would not give him a message.'
'You are unable to tell us anything more of the subsequent events of that night?' 'No.'
'Is this because, on the way back from the hospital, you were taken ill with brain fever and were not able to leave your room for a month?'
'Yes.'
Counsel moved his hand over the white sheets of the brief. 'I ask you to consider carefully, Miss Jordan. Is there anything further you can tell us, anything at all, that you heard the accused say? Did he say anything when he sat down in the chair, and lighted his cigarette?'
'Yes, he answered something: a question or a statement, I think.'
'What was the question?'
'Someone said: "Are you made of stone?"'
'"Are you made of stone." And he answered?'
'He said: "Serve him right for doctoring my whisky."'
For a brief space of time counsel remained looking at her. Then he sat down.
Sir Henry Merrivaie rose to cross-examine for the defence.
III
'In the Little Dark Passage'
JUST what line the defence would take nobody could tell: there was a frail ghost in insanity or even manslaughter: but, knowing H.M., I could not believe he would try anything so half-hearted as that. It was possible that his first cross-examination might give some indication.
He rose majestically - an effect which was somewhat marred by the fact that his gown caught on something, probably himself. It tore with a ripping noise so exactly like a raspberry that for one terrible second I thought he had given one. He squared himself. However rusty his legal talents had become, it was in cross-examination, where leading questions are permitted and almost anything within reason may be brought up, that his usual rough-and-tumble tactics would be most deadly. But that was the trouble. This woman had won the sympathy of everyone, including the jury: to pitch into her would have been unwise. We need not have been uneasy. After one malevolent glance over his shoulder at the torn gown, showing the glasses pulled down on his broad nose, he addressed her as gently as Huntley Lawton - if a trifle more abruptly. His big voice put the witness and the court at ease. It was in a tone of sit-down-and-have-a-drink-and-let's-ta lk-th is-th i ng-over.
'Ma'am,' said H.M. off-handedly, 'do you believe Mr Hume heard something bad against the accused that made him change his mind all of a sudden?'
Silence.
'I don't know.'
'Still, though,' argued H.M., 'since my learned friend has sort of eased the question in, let's deal with it. As he said, if Mr Hume changed his mind, it must 'a' been because he learned something from someone, mustn't it?'
'I should certainly have thought so.'
'Yes. And, conversely, if he hadn't heard anything, he wouldn't have changed his mind?'
'I suppose not. No, certainly not.'
'Now, ma'am,' pursued H.M. in the same argumentative way, 'he seemed to be in the best of spirits on Friday evening, when he arranged for you and Dr Hume to go to Sussex next day? Hey?'
'Oh, yes.'
&nbs
p; 'Did he go out of the house that night?' 'No.'
'Receive any visitors?' 'No.'
'Did he get any letters, phone calls, messages of any kind?'
'No. Oh, except Mary's telephone-call in the evening. I answered the phone and talked to her for a minute or two; and then he came to the phone; but I don't know what he said.'
'And at breakfast next mornin', how many letters did he get?'
'Just that one, with Mary's writing.'
'Uh-huh. Consequently, if he heard anything against the accused, he might have heard it from his own daughter?'
There was a slight stir. Sir Walter Storm made as if to rise; but instead fell to conferring with Huntley Lawton.
'Well, I - I don't know. How can I?'
'Still, it definitely was after readin' that letter that he seemed to show his first tearin' antagonism towards the accused, wasn't it?'
‘Yes.'
'The whole thing seemed to start then and there?'
'From what I saw of it, I thought so.'
'Yes. Now, ma'am, suppose I told you that in that letter there wasn't one word about the accused except the fact that he was comin' to town?'
The witness touched her glasses. ‘I don't know what I am supposed to answer.'
'Because I do tell you that, ma'am. We've got that letter right here, and at the proper time we're goin' to produce it. So if I tell you there's nothin' in it about the accused except the bare fact that he meant to come to town, does it alter your view of Mr Hume's conduct?'
Without waiting for a reply H.M. sat down.
He left a much-puzzled court. He had not upset, or tried to upset, one thing in the witness's story; but he left a feeling that there was something in the wind. I expected Mr Lawton to re-examine; but it was Sir Walter Storm who rose.
'Call Herbert William Dyer.'
Miss Jordan left the box, and Dyer stepped gravely into it. It was evident from the first that he would make a good and convincing witness, as he did. Dyer was a quiet man in the late fifties, his head covered with close-cut greyish hair, his manner attentive. As though making concessions both to private life and to his employment, he wore a short black coat and striped trousers: instead of a wing collar, he had an ordinary stiff one with a dark tie. The man oozed respectability, without doing so offensively. As he passed between the jury-box and the solicitors' table, I noticed that he made a grave sign of recognition which was neither a bow nor a nod to a light-haired young man who was sitting at the table. Dyer took the oath in a quite audible voice. He stood with his chin a little tilted up, his hands hanging down easily at his sides.
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