Mr. Fitzjames Montgomery, a bank clerk, remembered cashing the check produced. He particularly remembered it, because he paid the money to a very pretty girl. She took the entire amount in gold. At this point the case was adjourned.
Denzil Cantercot was the first witness called for the prosecution on the resumption of the trial. Pressed as to whether he had not told Mr. Wimp that he had overheard the prisoner denouncing Mr. Constant, he could not say. He had not actually heard the prisoner's denunciations; he might have given Mr. Wimp a false impression, but then Mr. Wimp was so prosaically literal. (Laughter.) Mr. Crowl had told him something of the kind. Cross-examined, he said Jessie Dymond was a rare spirit and she always reminded him of Joan of Arc.
Mr. Crowl, being called, was extremely agitated. He refused to take the oath, and informed the court that the Bible was a Fad. He could not swear by anything so self-contradictory. He would affirm. He could not deny-though he looked like wishing to-that the prisoner had at first been rather mistrustful of Mr. Constant, but he was certain that the feeling had quickly worn off. Yes, he was a great friend of the prisoner, but he didn't see why that should invalidate his testimony, especially as he had not taken an oath. Certainly the prisoner seemed rather depressed when he saw him on Bank Holiday, but it was overwork on behalf of the people and for the demolition of the Fads.
Several other familiars of the prisoner gave more or less reluctant testimony as to his sometime prejudice against the amateur rival labor leader. His expressions of dislike had been strong and bitter. The Prosecution also produced a poster announcing that the prisoner would preside at a great meeting of clerks on December 4th. He had not turned up at this meeting nor sent any explanation. Finally, there was the evidence of the detectives who originally arrested him at Liverpool Docks in view of his suspicious demeanor. This completed the case for the prosecution.
Sir Charles Brown-Harland, Q. C., rose with a swagger and a rustle of his silk gown, and proceeded to set forth the theory of the defense. He said he did not purpose to call any witnesses. The hypothesis of the prosecution was so inherently childish and inconsequential, and so dependent upon a bundle of interdependent probabilities that it crumbled away at the merest touch. The prisoner's character was of unblemished integrity, his last public appearance had been made on the same platform with Mr. Gladstone, and his honesty and highmindedness had been vouched for by statesmen of the highest standing. His movements could be accounted for from hour to hour-and those with which the prosecution credited him rested on no tangible evidence whatever. He was also credited with superhuman ingenuity and diabolical cunning of which he had shown no previous symptom. Hypothesis was piled on hypothesis, as in the old Oriental legend, where the world rested on the elephant and the elephant on the tortoise. It might be worth while, however, to point out that it was at least quite likely that the death of Mr. Constant had not taken place before seven, and as the prisoner left Euston Station at 7:15 a. m. for Liverpool, he could certainly not have got there from Bow in the time; also that it was hardly possible for the prisoner, who could prove being at Euston Station at 5:25 a. m., to travel backward and forward to Glover Street and commit the crime all within less than two hours. "The real facts," said Sir Charles impressively, "are most simple. The prisoner, partly from pressure of work, partly (he had no wish to conceal) from worldly ambition, had begun to neglect Miss Dymond, to whom he was engaged to be married. The man was but human, and his head was a little turned by his growing importance. Nevertheless, at heart he was still deeply attached to Miss Dymond. She, however, appears to have jumped to the conclusion that he had ceased to love her, that she was unworthy of him, unfitted by education to take her place side by side with him in the new spheres to which he was mounting-that, in short, she was a drag on his career. Being, by all accounts, a girl of remarkable force of character, she resolved to cut the Gordian knot by leaving London, and, fearing lest her affianced husband's conscientiousness should induce him to sacrifice himself to her; dreading also, perhaps, her own weakness, she made the parting absolute, and the place of her refuge a mystery. A theory has been suggested which drags an honored name in the mire-a theory so superfluous that I shall only allude to it. That Arthur Constant could have seduced, or had any improper relations with his friend's betrothed is a hypothesis to which the lives of both give the lie. Before leaving London-or England-Miss Dymond wrote to her aunt in Devonport-her only living relative in this country-asking her as a great favor to forward an addressed letter to the prisoner, a fortnight after receipt. The aunt obeyed implicitly. This was the letter which fell like a thunderbolt on the prisoner on the night of December 3d. All his old love returned-he was full of self-reproach and pity for the poor girl. The letter read ominously. Perhaps she was going to put an end to herself. His first thought was to rush up to his friend, Constant, to seek his advice. Perhaps Constant knew something of the affair. The prisoner knew the two were in not infrequent communication. It is possible-my lord and gentlemen of the jury, I do not wish to follow the methods of the prosecution and confuse theory with fact, so I say it is possible-that Mr. Constant had supplied her with the £25 to leave the country. He was like a brother to her, perhaps even acted imprudently in calling upon her, though neither dreamed of evil. It is possible that he may have encouraged her in her abnegation and in her altruistic aspirations, perhaps even without knowing their exact drift, for does he not speak in his very last letter of the fine female characters he was meeting, and the influence for good he had over individual human souls? Still, this we can now never know, unless the dead speak or the absent return. It is also not impossible that Miss Dymond was entrusted with the £25 for charitable purposes. But to come back to certainties. The prisoner consulted Mr. Constant about the letter. He then ran to Miss Dymond's lodgings in Stepney Green, knowing beforehand his trouble would be futile. The letter bore the postmark of Devonport. He knew the girl had an aunt there; possibly she might have gone to her. He could not telegraph, for he was ignorant of the address. He consulted his 'Bradshaw,' and resolved to leave by the 5:30 a. m. from Paddington, and told his landlady so. He left the letter in the 'Bradshaw,' which ultimately got thrust among a pile of papers under the sofa, so that he had to get another. He was careless and disorderly, and the key found by Mr. Wimp in his sofa must have lain there for some years, having been lost there in the days when he occupied the bedroom afterward rented by Mr. Constant. Afraid to miss his train, he did not undress on that distressful night. Meantime the thought occurred to him that Jessie was too clever a girl to leave so easy a trail, and he jumped to the conclusion that she would be going to her married brother in America, and had gone to Devonport merely to bid her aunt farewell. He determined therefore to get to Liverpool, without wasting time at Devonport, to institute inquiries. Not suspecting the delay in the transit of the letter, he thought he might yet stop her, even at the landing-stage or on the tender. Unfortunately his cab went slowly in the fog, he missed the first train, and wandered about brooding disconsolately in the mist till the second. At Liverpool his suspicious, excited demeanor procured his momentary arrest. Since then the thought of the lost girl has haunted and broken him. That is the whole, the plain, and the sufficing story." The effective witnesses for the defense 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 defense. 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 (2,138), 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. Fin
ally, 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 quarreling merely because they were agitated. He dissected her evidence, and showed that it entirely bore out the story of the defense. 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 dishonor-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 favor 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 workingmen of this country of one of their truest friends and their ablest leader.
The conclusion of Sir Charles' 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 civilized country. His cleverness and education had only been utilized 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 defense was from excluding hypothesis. 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 defense. 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 afterward. 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 dishonor, 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. Someone 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 defense, 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.
CHAPTER XI.
"So you were right," Denzil could not help saying as he greeted Grodman a week afterward. "I shall not live to tell the story of how you discovered the Bow murderer."
"Sit down," growled Grodman; "perhaps you will after all." 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 th
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 honor 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!"
The Big Bow Mystery Page 11