by Gerald Kersh
‘I dare say.’
‘Your throat was bruised, Mrs. Tooth. Did your husband try to strangle you?’
‘He got hold of me to keep me quiet, I should think, sir.’
‘Before you picked up this knife, or whatever it was? Or after?’
‘I couldn’t say. I don’t know. I don’t care.’
‘I suggest that you picked up this sharp instrument, knife, scissors, or whatever it may have been, after your husband took you by the throat.’
‘Very likely,’ said Martha Tooth, drearily, ‘I don’t know. I don’t care.’
‘You must pull yourself together, Mrs Tooth. How can I help you if you will not help yourself? You picked up this knife, or pair of scissors, after your husband began to strangle you with his hands. Is that so?’
‘I should think so.’
‘He was an extremely powerful man, I think?’
‘My Sid? Sid was as strong as a bull, sir.’
‘Yes. Now can you give me a list of the places – rooms, flats, houses, hotels, any places – in which you and your husband lived together from the date of your marriage until the date of your separation?’
‘Yes, I think I could, sir.’
‘You lived together for several years, didn’t you?’
‘Nearly seven years, off and on.’
‘He ill-treated you from the start?’
Martha Tooth laughed. ‘He beat me the first time two days after we were married,’ she said.
‘However, you managed to keep this matter secret?’
‘Oh, everybody knew.’
‘Hush, hush, Mrs Tooth. Everything depends upon your self-control! He can’t hurt you now.’
‘I’m not crying because of that …’ Martha Tooth bit her sleeve and pressed the fingers of her free hand into her eyes. Still, tears came out between her fingers.
‘Why are you crying, then?’
‘You’re so good to me!’
‘You must be calm,’ said Sumner Concord, in a cold, hard voice.
She stopped crying. ‘Everybody knew how he treated me,’ she said.
‘You must try and remember everyone who might make a statement concerning the manner in which your husband treated you, Mrs Tooth. You must try and remember. Is that quite clear?’
‘Yes, sir, but I’m afraid. I’m afraid of being in the court. They’ll make me swear black is white. I don’t know what to do. I don’t know what to say. I don’t——’
Sumner Concord stopped her with a gentle, but imperious gesture, and said: ‘Mrs Tooth, you mustn’t persuade yourself that there is anything to be afraid of. You will be given a perfectly fair trial. The clerk of the court will say to you: “Martha Tooth, you are charged with the murder of Sidney Tooth on the 7th May of this year. Are you guilty or not guilty?” And you will say: “Not guilty.” This I believe to be the truth. I believe that you are not guilty of the murder of your husband. I believe that, desperate with grief and pain and terror, you picked up the scissors intending to kill yourself, and not to kill your husband.’
Martha Tooth stared at him in blank astonishment and said: ‘Me, pick up a pair of scissors to kill Sid? I shouldn’t have dared to raise a hand to Sid.’
‘Just so. He had you by the throat, Mrs Tooth. He was shaking you. Your head was spinning. You struck out wildly, blindly, Mrs Tooth, and it happened that the point of that sharp pair of scissors struck him in the soft part of his neck and penetrated the subclavian artery. You had not the slightest intention of hurting him in any way,’ said Sumner Concord, holding her with his keen, calm, hypnotic eyes. ‘What happened after that, Mrs Tooth?’
‘I don’t know what happened,’ she cried. ‘As he let go of my neck, I ran away from him, that’s all I know.’
‘Exactly. You ran away blindly, neither knowing or caring where you were going. Is that not so? And later they found you wringing your ice-cold hands and crying, while the children lay asleep in your poor furnished room. Is that not so?’
‘My hands were ice-cold,’ said Martha Tooth in a wondering undertone. ‘How did you know my hands were ice-cold?’
Sumner Concord smiled sadly and with pity. ‘Be calm, my dear lady, be calm.’
‘But how did you know my hands were ice-cold?’
‘They frequently are in such cases,’ said Sumner Concord. ‘And now you must eat your meals and rest and get your poor nerves in order again, Mrs Tooth. You are to banish this matter from your mind until it is necessary for us to talk about it again. You are to leave everything in my hands. I believe that you have been telling me the truth, and in that case I give you my word of honour that I believe that no great harm can come to you. Now you must rest.’
‘I don’t care what happens to me, sir, but the children – what about the children?’ asked Martha Tooth, twisting her wet handkerchief in her skinny, little chapped hands.
‘Put your mind at rest, they are being well looked after, I promise you.’
A shocking thought seemed suddenly to strike her and she gasped: ‘They can send me to prison for years. And then what would happen to them?’
Rising, and laying large, gentle hands on her shoulders, Sumner Concord replied: ‘Even if you had known that you were striking your husband, you would have been striking him without premeditation, and in self-defence, because in the hands of this crazy drunken brute you were in peril of your life, and if there is any justice in the world, you need not necessarily go to prison at all.’
Then he went away and obtained the statements of Mrs Ligo, Miss Brundidge, Mrs Lupton, Mrs Yule, and half a dozen others. He obtained certain evidence from the police at the Novello Street Police Station. A few days later, everybody began to take it for granted that Martha Tooth would get away scot-free.
*
Because it was Sumner Concord who was defending Martha Tooth, the Central Criminal Court was crowded. Mr Wainewright, glancing timidly from wig to horsehair wig, felt his heart contract and his stomach shrink, and when his fascinated gaze fell upon the hard, white, turtle-face of Mr Justice Claverhouse, who sat in his great robes under the sword, he was seized by an insane impulse to run away and hide. Yet, at the same time, he was aware of a certain spiritual exaltation as witness for the prosecution in Rex v. Tooth.
Mr Sherwood’s speech for the prosecution was longer than one might have expected. He had put a lot of work into it. If he could hang Martha Tooth, snatching her from the protective arms of Sumner Concord, he was a made man. His manner was cold and precise. His voice was – as one journalist described it – winter sunlight made articulate. As he spoke, members of the public who had hitherto believed that Martha Tooth could not possibly be convicted changed their minds. One or two sportsmen who had laid five to four on her acquittal began furtively to try to hedge their bets. Mr Sherwood’s sentences struck home like so many jabs of an ice-pick. Here was an angry woman, may it please His Lordship and the members of the jury. Here was an embittered woman, a jealous woman. Here was a woman scorned. She had brooded over her real or imaginary wrongs until at last she had decided on a bloody revenge. Under the cover of the gathering darkness, she had gone stealthily out of her house, to the house of her husband. And there she had stabbed him to death with this pair of scissors, paper-cutting scissors with a shagreen handle. (The pair of scissors was unwrapped from some tissue paper in a little cardboard box, into which they had been packed with loving care.) She left the scissors in the wound, knowing that no fingerprints would be visible on the rough shagreen handle. Then she slunk out of the house. But her cunning had not been quite deep enough. She had forgotten to wipe her fingerprints from the door-knob on the inside of Mr Tooth’s bed-sitting-room door. There were witnesses who could swear to having seen her come and seen her go. Medical evidence would prove that this murderous stab in the throat, which had gone down through the subclavian artery, had been inflicted at such-and-such a time. She was arrested almost literally red-handed, for she had not yet had time to empty certain blood-stained water from
a basin in her room. While her husband’s innocent children lay asleep in her bed, the murderess had crept back to wash away the evidence of her guilt, and so on and so forth. And now with the assistance of his learned friend, Mr Bottle, he would call the evidence before the court.
At this point, Mrs Madge was called. She remembered everything. She had let Mrs Tooth in on the evening of the murder. She knew at exactly what time she had let that party in. How did she know the time? She had every reason to know the time because it was time for Mrs Madge to go home and she had paid a certain amount of attention to the clock. She was not a clock-watcher but she did her duty, and was not paid to stay more than a certain number of hours. On this particular evening she had an appointment with a friend, Mrs Glass, with whom she had arranged to go to the pictures in time for a certain performance. Therefore she had particularly desired to get away in time to change her clothes and make herself decent. Therefore – give or take half a minute – she could fairly exactly say at what time the lady came to the door and asked for Mr Sidney Tooth and she could swear to the lady: she was in the habit of keeping her eyes open; it was her hobby, sizing people up. Mrs Tooth was wearing a very old loose black coat, the sort that the Jewish shops sell for a guinea, and one of those black hats you could get for three-and-six-pence at Marks and Spencer’s. She was carrying an old black handbag, and her shoes must have been given to her by a lady, a bigger lady than Mrs Tooth who had worn them out and was about to throw them away. She could take her oath on it that Mrs Tooth was the person she had let in on that fatal evening.
Then came Mr Wainewright. He had bought a new suit for the occasion – a smart, well-cut suit, with the first double-breasted coat he had ever worn. He had gone to the West End for a shirt that cost eighteen shillings. His tie must have cost as much again, and there was a pearl pin stuck into the middle of it. An equilateral triangle of white handkerchief protruded from his breast pocket. He looked respectable and intensely uncomfortable as he gave his evidence, which was as he had outlined it to John Jacket that evening in the ‘Fire-drake’.
Cross-examined, he gave the defence nothing to work on. It was apparent that Wainewright was telling the truth. Then came the turn of the defence.
To the astonishment of the public, Mr Sumner Concord did not attempt to break down the evidence for the prosecution. There was no doubt at all, he said, that the unfortunate Mrs Tooth had called on her husband at that time. But he happened to know that she had called in order to plead with him. Tooth had callously deserted her and his two children. He was earning a good salary and substantial sums in commission, which he devoted entirely to dissipation. Mrs Tooth, the deserted woman, had been compelled to support the children and herself by menial labour. Medical evidence would indicate that it was necessary for this lady to undergo a serious internal operation in the near future. She had visited her husband merely in order to beg – to beg on her bended knees if necessary – for the wherewithal to feed their children, his children and hers, until such time as she could find strength to go out again and scrub other women’s floors to earn the few shillings that she needed to maintain them.
Sumner Concord drew the attention of His Lordship and the jury to the fact that Mrs Tooth had a separation order but had never received a penny: her forbearance was inspired by mercy and also by fear, because Sidney Tooth, as he was about to prove, had been one of the most murderous bullies and unmitigated scoundrels that ever polluted God’s earth. This poor woman, Mrs Tooth, did not care whether she lived or died – her husband by his persistent brutality and ill-treatment had beaten the normal fear of death out of her. Evidence was forthcoming which would prove that this wretched, persecuted woman had for many years gone in terror of her life and had frequently interposed her broken and bruised body between the drunkenly raging Sidney Tooth and the undernourished, trembling bodies of his children. Mother-love was stronger than the terror of bodily harm. Knowing that in a little while her exhausted frame could no longer support the strain imposed upon it – knowing that the time was fast approaching when she must go into hospital – Martha Tooth went to plead with her husband, and he mocked her. He laughed in her face. He struck her. She, driven to desperation, God forgive her, driven to self-destruction, picked up that pair of scissors to stab herself. In doing so she wounded her hand. Then Tooth, who was drunk and who – a brute at the best of times – was murderous when drunk, as evidence would prove, took her by the throat and began to strangle her. She struck out blindly and he let her go. She went weeping, she ran out blindly into the night. Mr Sumner Concord did not deny the validity of the evidence of Mr Wainewright and Mrs Madge. Mrs Tooth believed that she must have killed her husband, and she was horrified at the very thought of it. As for killing him by intention – she could never have thought of that, she loved him too much and she feared him too much. She wanted to kill herself. There was medical evidence to prove that the blood in the hand-basin was her own blood from her own hand which she cut in so blindly snatching the scissors with which Tooth had been killed. That her life was in danger might be indicated by the evidence of eleven witnesses, three of them doctors….
Mr Wainewright, wondering at the complexity of it all, looked away. He looked away from the face of Sumner Concord, scanned the faces of the jurymen (one of them was surreptitiously slipping a white tablet into his mouth) and blinked up at the ceiling. A piece of fluffy stuff, such as comes away from a dandelion that has run to seed, was floating, conspicuous against the panelling. It began to descend. Mr Wainewright’s eyes followed it. It came to rest on the judge’s wig, where it disappeared. Mr Wainewright was conscious of a certain discontent.
After that nothing of the trial stuck in his mind except Sumner Concord’s peroration, and Mr Justice Claverhouse’s verdict.
The peroration was something like:
‘Here was a beast. He tortured this woman. She trusted him and gave him her life. He accepted it brutally and threw it away. She had been beautiful. He had battered her with his great bony fists into the woman you see before you. That face was offered to Tooth in the first flush of its beauty. He beat it into the wreck and ruin of a woman’s face – the wreck, the ruin that you see before you now. She did not complain. He mocked and humiliated her. She was silent. She wept alone. He made her an object of pity, this mad and murderous bully, and she said nothing. He deserted her, leaving her with two young sons whom she loved very dearly: she was sick and weak, and still she never spoke! The prosecution has raised its voice: Martha Tooth suffered in silence. She worked for her children, happy to bring home a little bread in her poor cracked hands.
‘You have heard the evidence of those who have known her. She was a woman without stain, a woman undefiled. But when, at last, she went ill – dear God, what was she to do? She wanted nothing for herself. But there were her children. Her husband was prosperous. She asked him only for bread for his children – he laughed in her face. He struck her and ordered her to go. She pleaded – and he beat her. She cried for mercy and he abused her, reproaching her for the loss of her beauty, the beauty he himself had savagely beaten away.
‘At last, driven mad by despair, she picks up the first thing that comes to hand, a pair of scissors, and tries – poor desperate woman – to kill herself. Laughing, he takes her by the throat. These hands, strong enough to break a horseshoe, are locked about her frail throat. Imagine them upon your own, and think!
‘She struggles, she cannot speak, she can only struggle while he laughs in her face, because these murderous thumbs are buried in her windpipe. She strikes out blindly, and this great furious hulk of bestial manhood collapses before her. Sixteen stone of bone and muscle falls down, while seven stone of wretchedness and sickness stands aghast.
‘And looking down she sees the scissors embedded in that bull neck. By some freak of chance – by some act of God – she has struck the subclavian artery and the great beast has fallen. She runs blindly away, weeping bitterly, half demented with anguish, and when the police find
her (which was easy, since she had not attempted to conceal herself) she is crying, and the blood in the basin is her own blood. The children lie asleep and she begs the police to take her away, to take her away anywhere out of this world. She asks for nothing but death, and there, there is the pity of it! …’
After an absence of twenty-five minutes the jury returned a verdict of Not Guilty.
*
Then, although everyone said he had known from the beginning that Martha Tooth would be acquitted, London went wild with delight. The Sunday Extra sent Munday Marsh to offer the bewildered woman five hundred pounds for her life-story. Pain of the Sunday Briton offered a thousand. She shook her head wearily and dispiritedly. ‘Twelve hundred and fifty,’ said the Sunday Briton. The Extra said: ‘Fifteen hundred.’
‘I can’t write stories,’ said Martha Tooth. ‘Anyway——’
‘I can,’ said Pain.
‘Calm, gentlemen, calm,’ said the sardonic voice of John Jacket. They turned, and saw him dangling an oblong of scribbled paper between a thumb and a forefinger. ‘I’ve got it.’
The Sunday Special had given Jacket authority to pay as much as two thousand pounds for Martha Tooth’s story. Ten minutes before Munday Marsh arrived, Jacket had bought the story for six hundred pounds.
‘Oh well,’ they said, without malice, and went away. Pain said: ‘To-day to thee, to-morrow to me, Jack,’ and they shook hands. Ainsworth of The People said nothing: he knew that in a year’s time the whole business would be forgotten, and then, if he happened to need a human-interest murder-feature, he could re-tell the story from the recorded facts.
So John Jacket wrote fifteen thousand words – four instalments, illustrated with photographs and snapshots – under the title of DIARY OF AN ILL-USED WOMAN. What Jacket did not know he invented: Martha Tooth signed every thing – she still could not understand what it was all about. Soon after the first instalment was published she began to receive fan-mail: half a dozen religious leaflets, letters urging her to repent, prophecies concerning the Second Coming, and proposals of marriage, together with frantically abusive notes signed Ill-used Man. She also received parcels of food and clothes, and anonymous letters enclosing postal orders. An old lady in the West Country, saying that she had wanted to kill her husband every day for forty years, enclosed sixty twopenny stamps.