As the photographer left the box, his place was taken by no less a person than our ingenious laboratory assistant; who, having taken his place, beamed on the judge, the jury and the court in general, with a face wreathed in crinkly smiles. Nathaniel Polton, being sworn, deposed that, on the fifteenth of October, he proceeded to "The Larches" at Lower Ditton and took three photographs of the ground-floor rooms. The first was taken through the right-hand hole of the shutter marked A in the plan; the second through the left-hand hole, and the third from a point inside the back room between the windows and nearer to the window marked B. He produced those photographs with the particulars written on each. He had also made some composite photographs showing the two prisoners dressed as the witnesses, Brodie and Stanton, had described them. The bodies in those photographs were the bodies of Miss Winifred Blake and Mr. Robert Anstey, K.C., respectively. On these bodies the heads of the prisoners had been printed; and here Polton described the method of substitution in detail. The purpose of the photographs was to show that a photograph could be produced with the head of one person and the body of another. He also deposed to having seen and taken possession of two photographs, one of each of the two prisoners, which he found in the bedroom and which he now produced and passed to the judge. And this completed his evidence.
Thorndyke now called the prisoner, Bland, and having elicited from him a sworn denial of the charge, proceeded to examine him respecting the profits from his three picture theatres; which, it appeared, amount to over six thousand pounds per annum.
"In the event of your death, what becomes of this valuable property?"
"If my wife had been alive it would have gone to her, but as she is dead, it goes to my partner and manager, Mr. Julius Wicks."
"In whose custody was the house at Ditton while Miss Annesley was in France?"
"In mine. The keys were in my possession."
"Were the keys ever out of your possession?"
"Only for one day. My partner, Mr. Wicks, asked to be allowed to use the boat for a trip on the river and to take a meal in the house. So I lent him the keys, which he returned the next day."
After a short cross-examination, Bland returned to the dock and was succeeded by Miss Annesley, who, having given a sworn denial of the charge, described her movements in France and in London about the period of the crime. She also described, in answer to a question, the circumstances under which she had lost her hair.
"Can you remember the date on which this accident happened?" Thorndyke asked.
"Yes. It was on the thirtieth of March. I made a note of the date, so that I could see how long my hair took to grow."
As Thorndyke sat down, the counsel for the prosecution rose and made a somewhat searching cross-examination, but without in any way shaking the prisoner's evidence. When this was concluded and Miss Annesley had returned to the dock, Thorndyke rose to address the court for the defence.
"I shall not occupy your time, gentlemen," he began, "by examining the whole mass of evidence nor by arguing the question of motive. The guilt or innocence of the prisoners turns on the accuracy or inaccuracy of the evidence of the two witnesses, Brodie and Stanton; and to the examination of that evidence I shall confine myself.
"Now that evidence, as you may have noticed, presents some remarkable discrepancies. In the first place, both witnesses describe what they saw in identical terms. They saw exactly the same things in exactly the same relative positions. But this is a physical impossibility, if they were really looking into a room; for they were looking in from different points of view; through different holes, which were two feet six inches apart. But there is another much more striking discrepancy. Both these men have described, most intelligently, fully and clearly, a number of objects in that room which were totally invisible to both of them; and they have described as only partly visible other objects which were in full view. Both witnesses, for instance, have described the mantelpiece with its two standard lamps and a table with twisted legs on the near side of it; and both saw one corner only of the sideboard. But if you look at the architect's plan and test it with a straight-edge, you will see that neither the mantelpiece nor the table could possibly be seen by either. The whole of that side of the room was hidden from them by the jamb of the arch. While as to the sideboard, the whole of it, with its two standards, was visible to Brodie, and to Stanton the whole of it excepting a small portion of the near side. But further, if you lay the straight-edge on the point marked C and test it against the sides of the arch, you will see that a person standing at that spot would get the exact view described by both the witnesses. I pass round duplicate plans with pencil lines ruled on them; but in case you find any difficulty in following the plans, I have put in the photographs of the room taken by Polton. The first photograph was taken through the hole used by Brodie, and shows exactly what he would have seen on looking through that hole; and you see that it agrees completely with the plan but disagrees totally with his description. The second photograph shows what was visible to Stanton; and the third photograph, taken from the point marked C, shows exactly the view described by both the witnesses, but which neither of them could possibly have seen under the circumstances stated.
"Now what is the explanation of these extraordinary discrepancies? No one, I suppose, doubts the honesty of, these witnesses. I certainly do not. I have no doubt whatever that they were telling the truth to the best of their belief. Yet they have stated that they saw things which it is physically impossible that they could have seen. How can these amazing contradictions be reconciled?"
He paused, and in the breathless silence, I noticed that the judge was gazing at him with an expression of intense expectancy; an expression that was reflected on the jury and indeed on every person present.
"Well, gentlemen," he resumed, "there is one explanation which completely reconciles these contradictions; and that explanation also reconciles all the other strange contradictions and discrepancies which you may have noticed. If we assume that these two men, instead of looking through an arch into a room, as they believed, were really looking at a moving picture thrown on a screen stretched across the arch, all the contradictions vanish. Everything becomes perfectly plain, consistent and understandable.
"Thus both men, from two different points of view, saw exactly the same scene; naturally, if they were both looking at the same picture, but otherwise quite impossible. Again, both men, from the point A, saw a view which was visible only from the point C. Perfectly natural if they were both looking at a picture taken from the point C; for a picture is the same picture from whatever point of view it is seen. But otherwise a physical impossibility.
"You may object that these men would have seen the difference between a picture and a real room. Perhaps they would, even in that dim light—if they had looked at the scene with both eyes. But each man was looking with only one eye—through a small hole. Now it requires the use of both eyes to distinguish between a solid object and a flat picture. To a one-eyed man there is no difference—which is probably the reason that one-eyed artists are such accurate draughtsmen—they see the world around them as a flat picture, just as they draw it, whereas a two-eyed artist has to turn the solid into the flat. For the same reason, if you look at a picture with one eye shut it tends to look solid, really because the frame and the solid objects around it have gone flat. So that, if this picture was coloured, as it must have been, it would have been indistinguishable, to these one-eyed observers, from the solid reality.
"Then, let us see how the other contradictions disappear. There is the appearance of the prisoner Annesley. She was seen—on or after the eighteenth of May—with her long hair coiled on the top of her head. But at that date her hair was quite short. You have heard the evidence and you have the photograph taken on the twenty-third of April showing her with short hair, like a man's. Here is a contradiction which vanishes at once if you realise that these men were not looking at Miss Annesley at all, but at a photograph of her taken more than a year pr
eviously.
"And everything agrees with this assumption. The appearance of Miss Annesley has been declared by the witnesses to be identical with that photograph—a copy of which was in the house and could have been copied by anyone who had access to the house. Her figure was perfectly stationary. She appeared suddenly in the arch and then disappeared; she was not seen to come or to go. And the light kept coming and going, with intervals of darkness which are inexplicable, but that exactly fitted these appearances and disappearances. Then the figure was well lighted, though the room was nearly dark. Of course it was well lighted. It had to be recognised. And of course the rest of the room was dimly lighted, because the film-actors in the background had to be unrecognised.
"Then there is the extraordinary dress; the striped pinafore with the great white collar and the painter's blouse worn by Bland. Why this ridiculous masquerade? Its purpose is obvious. It was to make these observers believe that the portraits in the arch—which they mistook for real people—were the same persons as the film-actors in the background, whose features they could not distinguish. And Mr. Polton has shown us how the clothing of the portraits was managed.
"Then there is the lighting of the room. How was it lighted? None of the electric lamps was alight. But—a piece of a carbon pencil from an arc lamp, such as kinematographers use, has been found near the point C, from which spot the picture would have been taken and exhibited; and the electric light meter showed, about this date, an unaccountable leakage of current such as would be explained by the use of an arc lamp.
"Then the evidence of the witnesses shows the hole in the floor in the wrong place. Of course it could not have been a real hole, for the gas and electric mains were just underneath. It was probably an oblong of black paper. But why was it in the wrong place? The explanation, I suggest, is that the picture was taken before the murder (and probably shown before the murder, too); that the spot shown was the one in which it was intended to bury the body, but that when the floor was taken up after the murder, the mains were found underneath and a new spot had to be chosen.
"Finally—as to the discrepancies—what has become of the third spectator? The mysterious man who came to the gate and called in these two men from the lane—along which they were known to pass every day at about the same time? Who is this mysterious individual? And where is he? Can we give him a name? Can we say that he is at this moment in this court, sitting amongst the spectators, listening to the pleadings in defence of his innocent victims, the prisoners who stand at the bar on their deliverance? I affirm, gentlemen, that we can. And more than that it is not permitted to me to say."
He paused, and a strange, impressive hush fell on the court. Men and women furtively looked about them; the jury stared openly into the body of the court, and the judge, looking up from his notes, cast a searching glance among the spectators. Suddenly my eye lighted on Mr. Wicks and his fiancée. The man was wiping away the sweat that streamed down his ashen, ghastly face; the woman had rested her head in her hands, and was trembling as if in an ague-fit.
I was not the only observer. One after another—spectators, ushers, jurymen, counsel, judge—noticed the terror-stricken pair, until every eye in the court was turned on them. And the silence that fell on the place was like the silence of the grave.
It was a dramatic moment. The air was electric; the crowded court tense with emotion. And Thorndyke, looking, with his commanding figure and severe impassive face, like a personification of Fate and Justices stood awhile motionless and silent, letting emotion set the coping-stone on reason.
At length he resumed his address. "Before concluding," he began, "I have to say a few words on another aspect of the case. The learned counsel for the prosecution, referring to the motive for this crime, has suggested a desire on the part of the prisoners to remove the obstacle to their marriage. But it has been given in evidence that there are other persons who had a yet stronger and more definite motive for getting rid of the deceased Lucy Bland. You have heard that in the event of Bland's death, his partner, Julius Wicks, stood to inherit property of the value of six thousand pounds per annum, provided that Bland's wife was already dead.
Now, the murder of Lucy Bland has fulfilled one of the conditions for the devolution of this property; and if you should convict and his lordship should sentence the prisoner, Bland, then his death on the gallows would fulfil the other condition and this great property would pass to his partner, Julius Wicks—This is a material point; as is also the fact that Wicks is, as you have heard, an expert film-producer and kinema operator; that he has been proved to have had access to the house at Ditton, and that he is engaged to a film-actress.
"In conclusion, I submit that the evidence of Brodie and Stanton makes it certain that they were looking at a moving picture, and that all the other evidence confirms that certainty. But the evidence of this moving picture is the evidence of a conspiracy to throw suspicion on the prisoners. But a conspiracy implies conspirators. And there can be no doubt that those conspirators were the actual murderers of Lucy Bland. But if this be so, and I affirm that there can be no possible doubt that it is so, then it follows that the prisoners are innocent of the crime with which they are charged, and I accordingly ask you for a verdict of 'Not Guilty.'"
As Thorndyke sat down a faint hum arose in the court; but still all eyes were turned towards Wicks and Eugenia Kropp. A moment later the pair rose and walked unsteadily towards the door. But here, I noticed, Superintendent Miller had suddenly appeared and stood at the portal with a uniformed constable. As Wicks and Miss Kropp reached the door, I saw the constable shake his head. With, or without authority, he was refusing to let them leave the court. There was a brief pause. Suddenly there broke out a confused uproar; a scuffle, a loud shriek, the report of a pistol and the shattering of glass; and then I saw Miller grasping the man's wrists and pinning him to the wall, while the shrieking woman struggled with the constable to get to the door.
After the removal of the disturbers—in custody—events moved swiftly.
The Crown counsel's reply was brief and colourless, practically abandoning the charge, while the judge's summing-up was a mere précis of Thorndyke's argument with a plain direction for an acquittal. But nothing more was needed; for the jury had so clearly made up their minds that the clerk had hardly uttered his challenge when the foreman replied with the verdict of "Not Guilty." A minute later, when the applause had subsided and after brief congratulations by the judge, the prisoners came down from the dock, into the court, moist-eyed but smiling, to wring Thorndyke's hands and thank him for this wonderful deliverance.
"Yes," agreed Mayfield—himself disposed furtively to wipe his eyes—"that is the word. It was wonderful And yet it was all so obvious—when you knew."
A Sower of Pestilence
The affectionate relations that existed between Thorndyke and his devoted follower, Polton, were probably due, at least in part, to certain similarities in their characters. Polton was an accomplished and versatile craftsman, a man who could do anything, and do it well; and Thorndyke has often said that if he had not been a man of science, he would, by choice, have; been a skilled craftsman. Even as things were, he was a masterly manipulator of all instruments of research, and a good enough workman to devise new appliances and processes and to collaborate with his assistant in carrying them out.
Such a collaboration was taking place when the present case opened. It had occurred to Thorndyke that lithography might be usefully applied to medico-legal research, and on this particular morning he and Polton were experimenting in the art of printing from the stone. In the midst of their labours the bell from our chambers below was heard to ring, and Polton, reluctantly laying down the inking roller and wiping his hands on the southern aspect of his trousers, departed to open the door.
"It's a Mr. Rabbage," he reported on his return. "Says he has an appointment with you, sir."
"So he has," said Thorndyke. "And, as I understand that he is going to offer us a profound myst
ery for solution, you had better come down with me, Jervis, and hear what be has to say."
Mr. Rabbage turned out to be a elderly gentleman who, as we entered, peered at us through a pair of deep, concave spectacles and greeted us "with a smile that was child like and bland." Thorndyke looked him over and adroitly brought him to the point.
"Yes," said Mr. Rabbage, "it is really a most mysterious affair that has brought me here. I have already laid it before a very talented detective officer whom I know slightly—a Mr. Badger; but he frankly admitted that it was beyond him and strongly advised me to consult you."
"Inspector Badger was kind enough to pay me a very handsome compliment," said Thorndyke.
"Yes. He said that you would certainly be able to solve this mystery without any difficulty. So here I am. And perhaps I had better explain who I am, in case you don't happen to know my name. I am the director of the St. Francis Home of Rest for aged, invalid and destitute cats: an institution where these deserving animals are enabled to convert the autumn of their troubled lives into a sort of Indian summer of comfort and repose. The home is, I may say, my own venture. I support it out of my own means. But I am open to receive contributions; and to that end there is secured to the garden railings a large box with a wide slit and an inscription inviting donations of money, of articles of value, or of food or delicacies for the inmates."
"And do you get much?" I asked.
"Of money," he replied, "very little. Of articles of value, none at all. As to gifts of food, they are numerous, but they often display a strange ignorance of the habits of the domestic cat. Such things, for instance, as pickles and banana-skins, though doubtless kindly meant, are quite unsuitable as diet. But the most singular donation that I have ever received was that which I found in the box the day before yesterday. There were a number of articles, but all apparently from the same donor; and their character was so mysterious that I showed them to Mr. Badger, as I have told you, who was as puzzled as I was and referred me to you. The collection comprised three ladies' purses, a morocco-leather wallet and a small aluminium case. I have brought them with me to show you."
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