"Well, this business began about six years ago, and—so far as I can tell—nothing amiss occurred until quite lately. I say so far as I can tell, for of course we can't date the robbery. We only know when it was discovered. But I assume that the theft was committed pretty recently or it would surely have been discovered sooner."
"And when was it first ascertained that a robbery had been committed?" asked Mr. Penfield, dipping a quill into the ink.
"On the fourth of October," replied Mr. Woodstock; and having paused while Mr. Penfield noted the date, he continued: "On that day Hollis took a great ruby up to South Kensington, where it had been accepted for a loan exhibition. He delivered it himself to the keeper of the precious stones, and was a little taken aback when that gentleman, after a preliminary inspection, began to pore over it with a magnifying-glass and then sent for one of his colleagues. The second expert raised his eyebrows when he had looked at the gem, and he, too, made a careful scrutiny with the lens. Finally, they sent for a third official; and the upshot of it was that the three experts agreed that the stone was not a ruby at all but only a first-class imitation.
"Of course Hollis didn't believe them, and said so. He had bought the stone for four thousand pounds from a well-known dealer and had shown it to a number of connoisseurs, who had all been enthusiastic about the colour and lustre of the gem. There had never been any question that it was not merely a genuine ruby, but a ruby of the highest class. However, when he had heard the verdict of the experts, he pocketed his treasure and went straight off to Cawley's in Piccadlilly. But when Mr. Cawley shook his head over the gem and pronounced it an unquestionable counterfeit, he became alarmed and danced off in a deuce of a twitter to the dealer from whom he had bought it.
"That interview settled the matter. The dealer remembered the transaction quite well and knew all about the stone, for he had full records of the circumstances under which he had acquired it. Moreover, he recognized the setting—a pendant with a surround of small diamonds—but he was quite clear that the stone in it was not the stone that he had sold to Hollis. In fact it was not a stone at all; it was just a good-class paste ruby. The original had been picked out of the setting and the counterfeit put in its place; and the person who had done the job was apparently not a skilled jeweller, for there were traces on the setting of some rather amateurish work."
"There is no doubt, I suppose," said Mr. Penfield, "of the bona-fides of the dealer?"
"Not the slightest," was the reply. "He is a man of the highest reputation; and as a matter of fact, no regular dealer would palm off a counterfeit. It wouldn't be business. But the question doesn't really arise, as you will see when I proceed with the story.
"As soon as Hollis was convinced that a substitution had been effected, he commissioned an independent expert to come down and make a critical survey of his collection; and it was then ascertained that practically every important gem in his cabinets was a counterfeit. And in every case in which the stone was a false one, the same traces of clumsy workmanship were discoverable by an expert eye.
"The conclusion was obvious. Since the original gems had come from all sorts of different sources, there could he no question of fraud on the part of the various vendors; to say nothing of the fact that Hollis—who has practically no knowledge of stones himself—always obtained an expert opinion before concluding a deal. It was obvious that a systematic robbery had been carried out, and the question that arose was, who could the robber be?
"But that question involved certain others; as, for instance, when had the robbery been committed? where were the jewels at that time? and who had access to the place in which they were?
"These were difficult questions. At first it seemed as if they were unanswerable, and perhaps some of them would have been if the robber had not lost his nerve. But I am anticipating. Let us take the questions in their order.
"First as to the date of the robbery. It happens that a little less than two years ago Professor Eccles came down by invitation and made a careful inspection of Hollis's collection with a view to a proposed bequest to the nation, and marked off what he considered to be the most valuable specimens. Now, I need not say that if Professor Eccles detected no counterfeit stones, we may take it that no counterfeits were there. Consequently, the collection was then intact and the robbery must have been committed since that date. But it happens that that date coincides almost exactly with the arrival of Osmond at my office. Just two years ago Hepburn introduced him to me; and as he is Hepburn's brother-in-law, I accepted him with perfect confidence.
"The other questions seemed more difficult. As to Hollis's own premises, the jewel-room had a Chubb detector lock on its only door, the cabinets have similar locks, the windows are always kept securely fastened, and no attempt has ever been made to break into the place. Besides, burglars would simply have taken the jewels away. They would not have left substitutes. The personnel of his household—a lady secretary, a housekeeper, and two maids—appear beyond suspicion. Moreover, they had all been with him many years before the robbery occurred. In short, I think we may consider Hollis's premises as outside the field of inquiry."
"Do you really?" said Mr. Penfield, in a tone which clearly indicated that he did not.
"Certainly; and so will you when you have heard the rest of the story. We now come to the various occasions on which the more valuable parts of this collection were deposited in my strong-room. Let me describe the procedure. In the first place, Hollis himself packed the jewels in a number of wooden boxes which he had had made specially for the purpose, each about fourteen inches by nine by about five inches deep. Every box had a good lock with a sunk disc on each side of the keyhole for the seals. When the boxes were packed they were locked and a strip of tape put across the keyhole and secured at each end with a seal. They were then wrapped in strong paper and sealed at all the joints with Hollis's seal—an antique Greek seal set in a ring which he always wears on his finger. On the outside of the cover was written a list of the contents in Hollis's own handwriting and signed by him, and each box bore in addition a number. The boxes were brought to my office by Hollis and by him delivered personally to me; and I gave him a receipt, roughly describing and enumerating the boxes, but, of course, not committing myself in respect of the contents. I then carried them myself into the strong-room and placed them on an upper shelf which I reserved for them; and there they remained until Hollis fetched them away, when he used to give me a receipt in the same terms as my own. That concluded the particular transaction.
"Now, it happened that at the time when the robbery was discovered, several of the boxes which Hollis had taken back from me about a month previously still remained packed and in their paper wrappings. And it further happened that one of these—there were eight in all—contained an emerald which Hollis had bought only a few days before he packed it. There was no question as to the genuineness of this stone; and when the box was opened, there was no question as to the fact that it had been replaced by a counterfeit. Even Hollis was able to spot the change. So that seemed to fix the date of the robbery to the period during which the box had been in my strong-room."
"Apparently," Mr. Penfield agreed. "But you speak of the box as being still in its paper wrapping. What of the seals?"
"Ah!" exclaimed Woodstock, "that is the most mysterious feature of the affair. The seals were unbroken and, so far as Hollis could see, the package was absolutely intact, just as it had been handed to me."
Mr. Penfield pursed up his lips and took snuff to the verge of intemperance.
"If the seals were unbroken," said he, "and the package was in all other respects intact, that would seem to be incontestable proof that it had never been opened since it was closed and sealed."
"That was what I pointed out," interposed Hepburn, "when Mr. Woodstock talked the matter over with Osmond and me. The unbroken seals seemed a conclusive answer to any suggestion that the robbery took place in our office."
"So they did," Woodstock agreed
, "and so they would still if Osmond had kept his head. But he didn't. He had evidently reckoned on the question of a robbery from our strong-room never being raised, and I imagine that it was that emerald that upset his nerve. At any rate, within a week of our discussion he bolted, and then, of course, the murder was out."
Mr. Penfield nodded gravely and asked, after a short pause: "And how is Mr. Hollis taking it? Is he putting any pressure on you?"
"Oh, not at all—up to the present. He has not suggested any claim against me; he merely wants to lay his hand on the robber and, if possible, get his jewels back. He entirely approves of what I have done."
"What have you done?" Mr. Penfield asked.
"I have done the obvious thing," was the reply, delivered in a slightly truculent tone. "As soon as it was clear that Osmond had absconded, I communicated with the police. I laid an information and gave them the leading facts."
"And do they propose to take any action?"
"Most undoubtedly; in fact I may say that they have been most commendably prompt. They have already traced Osmond to Bristol, and I have every hope that in due course they will run him to earth and arrest him."
"That is quite probable," said Mr. Penfield. "And when they have arrested him—?"
"He will be brought back and charged before a magistrate, when we may take it that he will be committed for trial."
"It is possible," Mr. Penfield assented, doubtfully. "And then—"
"Then," replied Woodstock, reddening and raising his voice, "he will be put on his trial and, I make no doubt, sent to penal servitude."
Mr. Penfield took snuff deprecatingly and shook his head. "I think not," said he; "but perhaps there is some item of evidence which you have omitted to mention?"
"Evidence!" Woodstock repeated impatiently. "What evidence do you want? The property has been stolen and the man who had an opportunity to steal it has absconded. What more do you want?"
Mr. Penfield looked at his brother solicitor with mild surprise.
"The judge," he replied, "and I should think the magistrate, too, would want some positive evidence that the accused stole the jewels. There appears to be no such evidence. The unexplained disappearance of this man is a suspicious circumstance; but it is useless to take suspicions into court. You have got to make out a case, and at present you have no case. If the charge were not dismissed by the magistrate, the bill would certainly be thrown out by the Grand Jury."
Mr. Woodstock glowered sullenly at the old lawyer, but he made no reply, while Hepburn sat with down cast eyes and the faintest trace of an ironical smile.
"Consider," Mr. Penfield resumed, "what would be the inevitable answer of the defence. They would point out that there is not a particle of evidence that the robbery—if there has really been a robbery—occurred in your office at all, and that there are excellent reasons for believing that it did not."
"What reasons are there?"
"There are the unbroken seals. Until you can show how the jewels could have been abstracted without breaking the seals, you have not even a prima-facie case. Then there is the method of the alleged robbery. It would have required not merely access but undisturbed possession for a considerable time. It was not just a matter of picking out the stones. They were replaced by plausible counterfeits which had to be made or procured. Take the case of the ruby that you mentioned. It deceived Hollis completely. Then it must have been very like the original in size, form, and colour. It could not have been picked up casually at a theatrical property dealer's; it must have been made ad hoc by careful comparison with the original. But all this and the subsequent setting and finishing would take time. It would be quite possible while the jewels were lying quietly in Hollis's cabinets, but it would seem utterly impossible under the alleged circumstances. In short," Mr. Penfield concluded, "I am astounded that you ever admitted the possibility of the robbery having occurred on your premises. What do you say, Mr. Hepburn?"
"I agree with you entirely," the latter replied. "My position would have been that we had received certain sealed packages and that we had handed them back in the same condition as we received them. I should have left Hollis to prove the contrary."
"And I think he could have done it," said Woodstock doggedly. "You seem to be forgetting that emerald. But in any case I have accepted the suggestion and I am not going to draw back, especially as my confidential clerk has absconded and virtually admitted the theft. The question is, what is to be done? Hollis is mad to get hold of the robber and recover his gems, and he is prepared to stand the racket financially."
"In that case," said Mr. Penfield, taking a final pinch and pocketing his snuff-box, "I will venture to make a suggestion. This case is out of your depth and out of mine. I suggest that you allow me to take counsel's opinion; and the counsel I should select would be Dr. John Thorndyke."
"Thorndyke—hm!" grunted Woodstock. "Isn't he an irregular practitioner of some sort?"
"Not at all," Mr. Penfield dissented warmly. "He is a scientific expert with an unrivalled knowledge and experience of criminal practice. If it is possible for anyone to unravel this tangle, I am confident that he is the man; and I know of no other."
"Then," exclaimed Woodstock, "for God's sake get hold of him, and let me know what he says, so that I can report to Hollis. And let him know that there will be no trouble about costs."
With this Mr. Woodstock rose and, after an unemotional leave-taking, made his way out of the office, followed by Hepburn.
XIII. THORNDYKE TAKES UP THE INQUIRY
Mr. Penfield's visit to Dr. Thorndyke's chambers in King's Bench Walk, Inner Temple, was productive of some little surprise, as such visits were rather apt to be. For the old solicitor had definitely made up his mind that Woodstock's theory of the robbery was untenable and that the burden of proof ought to be cast on Hollis; and he was therefore not a little disconcerted to find Thorndyke tending to favour the view that the probabilities pointed to the strong-room as the scene of the robbery.
"After all," the latter said, "we must not ignore the obvious. It is undeniable that Osmond's disappearance—which has the strongest suggestion of flight—is a very suspicious circumstance. It occurred almost immediately after the discovery of the thefts and the suggestion that the gems had been stolen from the strong-room. Osmond had access to the strong-room—though I admit that a good many other persons had, too. Then there is the striking fact that the period of the robberies coincides exactly with the period of Osmond's presence at the office. During the four years which preceded his arrival no robbery appears to have occurred, although all the other conditions seem to have been the same. So far as we can see, the robberies must have commenced very shortly after his arrival. These are significant facts which, as I have said, we cannot ignore."
"I am entirely with you," Mr. Penfield replied, "when you say that we must not ignore the obvious. But are you not doing so? These packages were most carefully and elaborately sealed; and it is admitted that they were returned to the owner with the seals unbroken. Now, it seems to me obvious that if the seals were unbroken, the packages could not have been opened. But apparently you think otherwise. Possibly you attach less importance to seals than I do?"
"Probably," Thorndyke admitted. "It is easy to exaggerate their significance. For what is a seal, when all is said? It is an artificial thing which some artist or workman has made and which another artist or workman could copy if necessary. There is no magic in seals."
"Dear, dear!" Mr. Penfield exclaimed with a wry smile. "Another illusion shattered! But I think a Court of Law would share my erroneous view of the matter. However, we will let that pass. I understand that you look upon Osmond as the probable delinquent?"
"The balance of probabilities is in favour of that view. But I am keeping an open mind. There are other possibilities, and they will have to be explored. We must take nothing for granted."
Mr. Penfield nodded approvingly. "And suppose," he asked, "the police should arrest Osmond?"
&nbs
p; "Then," replied Thorndyke, "Mr. Woodstock would be in difficulties, and so would the police—who have shown less than their usual discretion—unless the prisoner should get in a panic and plead 'guilty.' There is not even a prima-facie case. They can't call upon Osmond to prove that he did not steal the gems."
"Exactly," Mr. Penfield agreed. "That is what I tried to impress on Woodstock—who is really a most extraordinarily unlegal lawyer. But have you any suggestion to offer?"
"I can only suggest that, as we are practically without data, we should endeavour to obtain some. The only fact that we have is that the stones have been removed from their settings and replaced by imitations. There seems to be no doubt about that. As to how they came to be removed, there are evidently four possibilities. First, they may have been taken from Hollis's cabinets by some person unknown. Second, the substitution may have been effected by Hollis himself, for reasons unknown to us and by no means easy to imagine. Third, they may have been stolen from the strong-room by some person other than Osmond. Fourth, they may have been stolen from the strong-room by Osmond. The last is, I think, the most probable. But all of the four hypotheses must be impartially considered. Do I understand that Hollis is prepared to offer facilities?"
"He agrees to give every assistance, financial or other."
"Then," said Thorndyke, "I suggest that we make a beginning by inspecting the boxes. I understand that there are still some unopened."
"Yes; six. Hollis reserved them to be opened in the presence of witnesses."
"Let Hollis bring those six boxes together with those that have been opened, with their packings and wrappings, if he has them. If we can fix a day, I will arrange for an expert to be present to witness the opening of the six boxes and give an opinion on the stones in them. If it appears that any robbery has been committed, I shall ask Hollis to leave the boxes and the counterfeit jewels that I may examine them at my leisure."
Dr. Thorndyke Omnibus Vol 4 Page 40