Heir Presumptive

by Henry Wade

  “Perhaps you will be so good as to tell the jury something about hyoscine, Sir Hulbert,” he said.

  The Home Office Analyst turned towards the jury.

  “Hyoscine is one of the atropine group of vegetable poisons,” he said. “It is, in fact, the most potent of that group. The pharmacological action of the drug is first to stimulate the higher centres of the brain and later to cause depression and paralysis. The use of hyoscine for homicidal purposes in this country is of fairly recent origin, but it has been used in the east, in varying forms, for many centuries.”

  “What we want to know is, what’s it for and how d’you get hold of it,” interpolated the large red-faced juryman who had given tongue on the previous occasion.

  Mr. Ellinstone frowned.

  “I was about to ask Sir Hulbert that question,” he said. “Members of the jury should ask any question they wish to through me, after I have finished my own examination of a witness. Perhaps you will tell us that, Sir Hulbert?”

  The Home Office Analyst thought for a moment.

  “That’s rather a wide question, sir,” he said. “Hyoscine, of course, is a narcotic; it can be used for insomnia or in conjunction with an anæsthetic. Its most common use is for the control of mania, for which it is especially effective, and also for the inducement of what is sometimes called ‘twilight sleep,’ in connection with childbirth. I think, perhaps, that is all I can usefully say about the first part of the question. As to the second part: ‘How do you get hold of it?’, the answer to that is the same as for any other poison scheduled in Part I. of the Pharmacy Acts; there are stringent regulations governing the sale of such poisons; for instance, they may only be supplied to someone personally known to the seller, unless vouched for by someone known to him, and every detail of the transaction has to be recorded in the pharmacist’s Poison Register.”

  “Very proper regulations, Sir Hulbert,” said the Coroner; “now will you tell us in what form this drug, hyoscine, is obtainable; I mean, liquid or powder or what?”

  “It’s usual form is hyoscine-hydrobromide, a white crystal; it is very easily soluble.”

  “And how is it given—by a doctor, I mean?”

  “Either by the mouth, in liquid form, or, more generally, hypodermically.”

  “In this particular case, Sir Hulbert—and this is really the vital point—do you consider that this hyoscine can have been administered for a legitimate, medicinal purpose?”

  ‘No, sir. Not if we assume that Sir Horace Spavage’s evidence is correct. He has told us what he prescribed. He did not prescribe hyoscine.”

  “And hyoscine was the cause of death?”

  “Undoubtedly.”

  There was a stir round the crowded court. Everyone felt that now the enquiry was really getting down to brass tacks.

  Mr. Justin rose to his feet.

  “Sir Hulbert has told us,” he said, “how this poison may be obtained—by fulfilling the requirements of the law in connection with the sale of poisons. But is it conceivable that any doctor would prescribe this drug in such a way that a layman would have the handling of it?”

  Sir Hulbert smiled.

  “I can’t answer for the whole medical profession, but it is difficult to imagine any circumstances in which a doctor would so prescribe, and of course it cannot be supplied to a layman without a doctor’s prescription.”

  “So that in fact it would be practically impossible for a layman to get hold of the drug?”

  “Perhaps not impossible, but very difficult.”

  “But a doctor could get hold of it with the greatest ease?”

  “With ease, yes, but not with secrecy.”

  The jury obviously did not see the point of this question, but Eustace saw it only too well.

  Henry Carr rose to his feet.

  “Sir Hulbert has told us, sir,” he said, “that in this case the drug cannot well have been administered for a legitimate, medicinal purpose. I take it that there is more than one illegitimate way it may have been administered. For instance, is there any reason why it should not have been taken deliberately, by way of suicide?”

  “There is no medical reason why it should not.”

  “It would be quite an effective way of committing suicide?”

  “Quite, provided you could get hold of it.”

  Carr sat down. There was no need to elaborate the suicide theory at that stage; it was sufficient that it should be presented.

  The Coroner himself seemed still dissatisfied.

  “Leaving aside the possibility of suicide for the moment,” he said, “and looking at it from the point of view of homicide, it is difficult to see why hyoscine should be used at all. One would have thought that an overdose of the drug which was actually being administered to the patient would be so much safer from a poisoner’s point of view. It is the discovery of hyoscine, an unprescribed drug, in the viscera that points so clearly to homicide . . . at least, that removes ‘misadventure’ from the realm of possibility. ‘Misadventure’ would, one would have thought, have been the murderer’s obvious card.”

  “He may not have known what drug was being used,” suggested Mr. Justin.

  It was an uncomfortable moment. Eustace felt that several people were trying not to look at him, while he himself had difficulty in not appearing embarrassed.

  “I think that is all then, Sir Hulbert. . . . Oh, by the way, can you tell us whether the hyoscine was in fact administered hypodermically or by mouth?”

  “By mouth, undoubtedly; the bulk of it was in the stomach.”

  “And its flavour? Has it a flavour?”

  “Yes, it is rather bitter.”

  “Thank you, Sir Hulbert”, said the Coroner. “I think we need not trouble you any more at the moment. Call Mrs. Toumlin.”

  Mrs. Toumlin, dressed in decent but not demonstrative black and white and looking, Eustace thought, remarkably calm, explained that she had been with the deceased as nurse-companion for two years, with eight years’ previous experience in a similar capacity; prior to her marriage she had been a hospital nurse. She had worked under the direction of Sir Horace Spavage and had administered the drugs as described by him, a mixture, which she knew to contain a hypnotic drug, at four-hourly intervals and a sleeping draught at ten o’clock every night. Mr. Hendel had been wonderfully brave and showed extraordinary powers of recuperation, but she had thought that for some two months his constitution had been showing signs of the strain of his illness.

  “And of the hypnotic drugs?” asked the Coroner.

  “Perhaps. I can’t say what was the cause, but he had begun to lose ground.”

  “Did his death surprise you, Mrs. Toumlin?”

  “No, it did not. I had not expected it to be quite so sudden, but it always seemed to me that he might go very quickly.”

  “Quite so. Now will you tell us, Mrs. Toumlin, what happened?”

  For the first time Mrs. Toumlin showed some sign of discomposure.

  “Do you mean all day?” she asked, “or just at night?”

  “I mean, from whatever period is relative to your patient’s death.”

  Mrs. Toumlin shot a quick glance towards Chief-Inspector Darnell, who was sitting near Mr. Justin. Getting no inspiration from him, she made up her own mind.

  “It was at about nine o’clock on Tuesday night that I first noticed anything . . . unusual. I had been helping the cook wash up the dinner things, as the parlourmaid was out—I often do—and had left the door into the sitting-room, where Mr. Hendel was, ajar, in case he called. I thought I heard him call and went into the sitting-room. He was looking flushed and excited and was talking, apparently to himself, in rather a wild way. I had never heard him do that before. I . . .”

  “What was he talking about, Mrs. Toumlin?”

  “Well, I really couldn’t make out. Something about Lord Barradys. He said: ‘Grandad’—that was what he called him, though he was really his great-grandfather—several times.”

  “D
id he mention any other member of the family?” asked Mr. Justin.

  “Not that I heard.” Mrs. Toumlin looked enquiringly at the Coroner, who nodded. “I thought he had had too tiring a day—there had been people to lunch, as well as other visitors—so I got him his sleeping draught at once, hoping it would calm him. I got him into bed and saw that he was comfortable. He had soon quieted down and seemed very sleepy, which was only what I expected. I went in to see him again at ten o’clock and I thought he seemed feverish, so I took his temperature; it was 101. He was very heavy, practically asleep; I did not like his appearance. I was worried. I rang up Sir Horace’s house but he was out, and it took me some time to find him. He said he would come round at once and he got to the flat at about eleven. By that time Desmond . . . Mr. Hendel was quite comatose and he never recovered consciousness. He died at a little after two. Sir Horace was very kind and stayed with me to the end but there was nothing that could be done.”

  Mrs. Toumlin spoke calmly, but she was evidently affected by the story she was telling.

  “Thank you, Mrs. Toumlin”, said the Coroner; “that is a very clear account. Now you have heard the last witness say that he discovered traces of hyoscine in the organs submitted to him. Can you account for the presence of that in any way?”

  “Certainly I cannot.”

  Mr. Ellinstone looked back over his notes.

  “You said that there had been visitors during the day; will you tell us a little more about that?”

  Mrs. Toumlin gave a quick, nervous look round the room. Eustace thought that it rested for a moment on him, but it quickly passed on to the other Hendel relatives sitting beside him.

  “Mr. Eustace Hendel came in the morning—about eleven o’clock, I think. I was out shopping at the time and the parlourmaid, Gladys, told Mr. Hendel that she had orders from me that . . . that Mr. Desmond was not to be disturbed.”

  Henry Carr rose quickly to his feet.

  “Why was that?” he asked sharply.

  Eustace drew in his breath sharply. A terribly dangerous question, surely?

  “Because . . .” Mrs. Toumlin hesitated. “Because there were people coming to lunch.”

  “And you didn’t think he was up to seeing many people? . . . as he was in the condition that you have described to us?”

  “No. I mean, yes; that was the reason.”

  “Exactly. Thank you, Mrs. Toumlin.”

  Clever devil, thought Eustace; he had remembered that the police had told Mrs. Toumlin not to tell anyone about their warning; he had gambled on her feeling still bound by that; now she would not be able to say anything different.

  “Go on, please, Mrs. Toumlin”, said the Coroner, looking coldly at Henry Carr.

  “Mr. Eustace Hendel said he particularly wanted to see Desmond, so the maid rang me up and I returned. I explained to Mr. Hendel and of course he went away.”

  “Without seeing Mr. Desmond Hendel?”

  “Yes, without seeing him.”

  Mr. Justin rose at this point and expressed a wish to ask Mrs. Toumlin one or two questions, to which the Coroner consented.

  “You say that Mr. Eustace Hendel did not see your patient, Mrs. Toumlin, but he was in the flat for some time before you returned, was he not?”

  “Isn’t that a leading question, sir?” asked Carr quickly.

  “I think it is. Do not answer that, Mrs. Toumlin.”

  “I apologize, sir”, said Mr. Justin, blushing. “How long was it between Mr. Eustace Hendel’s arrival at the flat and your return to it, Mrs. Toumlin?”

  “I should say about twenty minutes.”

  “And where was Mr. Eustace Hendel during that time?”

  “In the . . .”

  “How can the witness answer that question if she was not there?” interrupted Carr.

  “Oh, Gladys told me and . . .”

  “You must not tell us what somebody else told you, Mrs. Toumlin. That is not evidence”, said the Coroner. “Mr. Justin, will you please frame your questions more carefully.”

  “I must apologize again, sir”, said Mr. Justin crossly. “Where did you find Mr. Hendel when you returned to the flat, madam?”

  “He was in the flat—in the hall.”

  “Thank you. And was anyone with him?”

  “No.”

  “He was, in fact, alone in the hall.”

  “Yes, when I arrived.”

  “What rooms open out of that hall?”

  “Practically all of them; the dining-room, the sitting-room, both bedrooms—my own and Mr. Hendel’s—the kitchen, the pantry, the best bathroom, and the lavatory.”

  “And when you returned were any of these open?”

  “No, I don’t think so. I can’t really remember.”

  “It would have been possible for anyone in the hall to have gone into one of those rooms without anyone in the flat being aware of it?”

  “Not exactly. Desmond was on the balcony and would almost certainly have seen anyone who went into either the dining-room or the sitting-room, which open on to it. Then there were the maids; so far as I know, the cook was in the kitchen and the parlourmaid in the pantry.”

  “Which opens directly onto the hall within a few feet of where Mr. Eustace Hendel was sitting, doesn’t it?” asked Henry Carr.

  “Isn’t that a leading question, sir?” asked Mr. Justin in a mincing voice, which caused a titter in the room.

  Henry Carr smiled.

  “How far is the pantry door from the chair where my client was sitting?”

  “Oh, quite close—just across the hall—perhaps six feet.”

  “And are you sure that that door was closed?”

  Mrs. Toumlin hesitated.

  “Now I come to think of it, I believe I remember Gladys putting her head out of it when I arrived and then shutting it.”

  “Thank you, Mrs. Toumlin.”

  Henry Carr sat down.

  Mr. Ellinstone was looking a little disquieted.

  “I am rather afraid that we are drifting in the direction I indicated, gentlemen”, he said. “I don’t want to interfere with you more than I can avoid, but I must ask you to help me.”

  The two solicitors bowed.

  “Now, Mrs. Toumlin; these further visitors.”

  “Mr. Carr came in for a few minutes in the middle of the day.”

  “Mr. Carr? Do you mean . . . ?”

  “Yes”, said Mrs. Toumlin, nodding towards Henry.

  “And was he also turned away?”

  “Oh, no. Mr. Carr was Desmond’s closest friend. That certainly did not apply to him.”

  “I see”, said Mr. Ellinstone doubtfully.

  Eustace had been rather surprised by this news. He did not remember Henry telling him that he had been to see Desmond that day.

  Mr. Justin rose to his feet, but Henry Carr was before him.

  “And was this Mr. Carr allowed to see your patient alone?” he enquired.

  “Oh, yes”, said Mrs. Toumlin, beaming upon him.

  “Dear, dear. Very sinister”, murmured Henry as he sat down.

  “Mr. Carr had paid similar visits to your patient over a long period of time?” queried Mr. Justin.

  “Oh, yes; he was most good. I don’t know what Des. . . . Mr. Hendel would have done without him.”

  “And was that all?”

  “No. Mr. William Hendel and his son came to lunch and stayed for some time.”

  All eyes were turned upon the wine-merchants, who blushed and looked as guilty as possible.

  “And they? Were they alone with Mr. Hendel at all?”

  “Yes, after lunch. I left them with him for a little, while I went out for a breath of air.”

  “And they could presumably have had access to any part of the flat as well during that time—had they wanted to?” queried Carr.

  “Yes; I suppose so.”

  “This is excellent”, the solicitor whispered to Eustace as he sat down.

  “I don’t think there is anything more, M
rs. Toumlin—unless any member of the jury . . . ?”

  But Mr. Justin was on his feet again.

  “There is just one point on which I should like enlightenment, sir . . . if I may?”

  The Coroner nodded.

  “Mrs. Toumlin, Sir Hulbert has told us that hyoscine has a bitter taste and one wishes to discover how the deceased can have taken it without being aware of anything unusual. Did Mr. Hendel take anything of a pronouncedly bitter or perhaps pungent flavour? The medicine, for instance; what did that taste like?”

  “It had a slightly bitter taste—very slight.”

  “Anything else? Any strong spirit? Any sweetmeat?”

  “He was very fond of Crême de Menthe—the liqueur.”

  “Ah; and that has a strong flavour?”

  “Yes; peppermint. Oh, and peppermint chocolates; he had a great weakness for them.”

  “Ah.”

  Eustace felt a flush of anxiety spreading over him.

  “He had a weakness for peppermint chocolates. Any particular sort?”

  “Yes; he always had a box of Dudeville’s by him.”

  “And did anyone else take them?”

  “No. I do not care for peppermint and I am sure the maids would not touch them. Besides, I always put them away after he went to bed. He may have sometimes offered one to a visitor, but I never saw him do so.”

  “How often did he take these chocolates?”

  “Generally one after every meal.”

  “Rather in the way that some men smoke a pipe?”

  “Yes, I suppose so.”

  “And did he take one that night—the night that he died?”

  “I don’t know. I left him immediately after dinner; he might have taken one after I left.”

  “Thank you, Mrs. Toumlin. That is all I have to ask, sir.”

  Henry Carr rose.

  “We are hearing a lot about these chocolates, sir”, he said. “If the police are suggesting that that was how the hyoscine was administered, may I ask whether the contents of the box have been analysed?”

  The Coroner glanced towards Chief-Inspector Darnell, who whispered to the uniformed Police-Superintendent beside him. The latter officer rose.

  “Yes, sir; they have”, he said.

  “Has there been a report?”