Witness thought highly of Mortlake's character. It was incredible that Constant had had improper relations of any kind with his friend's promised wife. Grodman's evidence made a very favorable impression on the jury; the prisoner looked his grat.i.tude; and the prosecution felt sorry it had been necessary to call this witness.

Inspector Howlett and Sergeant Runnymede had also to repeat their evidence. Dr. Robinson, police-surgeon, likewise retendered his evidence as to the nature of the wound, and the approximate hour of death. But this time he was much more severely examined. He would not bind himself down to state the time within an hour or two. He thought life had been extinct two or three hours when he arrived, so that the deed had been committed between seven and eight. Under gentle pressure from the prosecuting counsel, he admitted that it might possibly have been between six and seven. Cross-examined, he reiterated his impression in favor of the later hour.

Supplementary evidence from medical experts proved as dubious and uncertain as if the court had confined itself to the original witness.

It seemed to be generally agreed that the data for determining the time of death of anybody were too complex and variable to admit of very precise inference; _rigor mortis_ and other symptoms setting in within very wide limits and differing largely in different persons. All agreed that death from such a cut must have been practically instantaneous, and the theory of suicide was rejected by all. As a whole the medical evidence tended to fix the time of death, with a high degree of probability, between the hours of six and half-past eight. The efforts of the Prosecution were bent upon throwing back the time of death to as early as possible after about half-past five. The Defense spent all its strength upon pinning the experts to the conclusion that death could not have been earlier than seven. Evidently the Prosecution was going to fight hard for the hypothesis that Mortlake had committed the crime in the interval between the first and second trains for Liverpool; while the Defense was concentrating itself on an alibi, showing that the prisoner had traveled by the second train which left Euston Station at a quarter-past seven, so that there could have been no possible time for the pa.s.sage between Bow and Euston. It was an exciting struggle. As yet the contending forces seemed equally matched. The evidence had gone as much for as against the prisoner. But everybody knew that worse lay behind.

"Call Edward Wimp."

The story Edward Wimp had to tell began tamely enough with thrice-threshed-out facts. But at last the new facts came.

"In consequence of suspicions that had formed in your mind you took up your quarters, disguised, in the late Mr. Constant's rooms?"

"I did; at the commencement of the year. My suspicions had gradually gathered against the occupants of No. 11, Glover Street, and I resolved to quash or confirm these suspicions once for all."

"Will you tell the jury what followed?"

"Whenever the prisoner was away for the night I searched his room. I found the key of Mr. Constant's bedroom buried deeply in the side of prisoner's leather sofa. I found what I imagine to be the letter he received on December 3d, in the pages of a 'Bradshaw' lying under the same sofa. There were two razors about."

Mr. Spigot, Q. C., said: "The key has already been identified by Mrs.

Drabdump. The letter I now propose to read."

It was undated, and ran as follows:

"Dear Tom--This is to bid you farewell. It is the best for us all.

I am going a long way, dearest. Do not seek to find me, for it will be useless. Think of me as one swallowed up by the waters, and be a.s.sured that it is only to spare you shame and humiliation in the future that I tear myself from you and all the sweetness of life.

Darling, there is no other way. I feel you could never marry me now. I have felt it for months. Dear Tom, you will understand what I mean. We must look facts in the face. I hope you will always be friends with Mr. Constant. Good by, dear. G.o.d bless you! May you always be happy, and find a worthier wife than I. Perhaps when you are great, and rich, and famous, as you deserve, you will sometimes think not unkindly of one who, however faulty and unworthy of you, will at least love you till the end. Yours, till death,

"Jessie."

By the time this letter was finished numerous old gentlemen, with wigs or without, were observed to be polishing their gla.s.ses. Mr. Wimp's examination was resumed.

"After making these discoveries what did you do?"

"I made inquiries about Miss Dymond, and found Mr. Constant had visited her once or twice in the evening. I imagined there would be some traces of a pecuniary connection. I was allowed by the family to inspect Mr.

Constant's check-book, and found a paid check made out for 25 in the name of Miss Dymond. By inquiry at the Bank, I found it had been cashed on November 12th of last year. I then applied for a warrant against the prisoner."

Cross-examined: "Do you suggest that the prisoner opened Mr. Constant's bedroom with the key you found?"

"Certainly."

Brown-Harland, Q. C. (sarcastically): "And locked the door from within with it on leaving?"

"Certainly."

"Will you have the goodness to explain how the trick was done?"

"It wasn't done. (Laughter.) The prisoner probably locked the door from the outside. Those who broke it open naturally imagined it had been locked from the inside when they found the key inside. The key would, on this theory, be on the floor as the outside locking could not have been effected if it had been in the lock. The first persons to enter the room would naturally believe it had been thrown down in the bursting of the door. Or it might have been left sticking very loosely inside the lock so as not to interfere with the turning of the outside key in which case it would also probably have been thrown to the ground."

"Indeed. Very ingenious. And can you also explain how the prisoner could have bolted the door within from the outside?"

"I can. (Renewed sensation.) There is only one way in which it was possible--and that was, of course, a mere conjurer's illusion. To cause a locked door to appear bolted in addition, it would only be necessary for the person on the inside of the door to wrest the staple containing the bolt from the woodwork. The bolt in Mr. Constant's bedroom worked perpendicularly. When the staple was torn off, it would simply remain at rest on the pin of the bolt instead of supporting it or keeping it fixed. A person bursting open the door and finding the staple resting on the pin and torn away from the lintel of the door, would, of course, imagine he had torn it away, never dreaming the wresting off had been done beforehand." (Applause in court, which was instantly checked by the ushers.) The counsel for the defense felt he had been entrapped in attempting to be sarcastic with the redoubtable detective. Grodman seemed green with envy. It was the one thing he had not thought of.

Mrs. Drabdump, Grodman, Inspector Howlett, and Sergeant Runnymede were recalled and re-examined by the embarra.s.sed Sir Charles Brown-Harland as to the exact condition of the lock and the bolt and the position of the key. It turned out as Wimp had suggested; so prepossessed were the witnesses with the conviction that the door was locked and bolted from the inside when it was burst open that they were a little hazy about the exact details. The damage had been repaired, so that it was all a question of precise past observation. The inspector and the sergeant testified that the key was in the lock when they saw it, though both the mortise and the bolt were broken. They were not prepared to say that Wimp's theory was impossible; they would even admit it was quite possible that the staple of the bolt had been torn off beforehand. Mrs.

Drabdump could give no clear account of such petty facts in view of her immediate engrossing interest in the horrible sight of the corpse.

Grodman alone was positive that the key was in the door when he burst it open. No, he did not remember picking it up from the floor and putting it in. And he was certain that the staple of the bolt was not broken, from the resistance he experienced in trying to shake the upper panels of the door.

By the Prosecution: "Don't you think, from the comparative ease with which the door yielded to your onslaught, that it is highly probable that the pin of the bolt was not in a firmly fixed staple, but in one already detached from the woodwork of the lintel?"

"The door did not yield so easily."

"But you must be a Hercules."

"Not quite; the bolt was old, and the woodwork crumbling; the lock was new and shoddy. But I have always been a strong man."

"Very well, Mr. Grodman. I hope you will never appear at the music-halls." (Laughter.)

Jessie Dymond's landlady was the next witness for the prosecution. She corroborated Wimp's statements as to Constant's occasional visits, and narrated how the girl had been enlisted by the dead philanthropist as a collaborator in some of his enterprises. But the most telling portion of her evidence was the story of how, late at night, on December 3d, the prisoner called upon her and inquired wildly about the whereabouts of his sweetheart. He said he had just received a mysterious letter from Miss Dymond saying she was gone. She (the landlady) replied that she could have told him that weeks ago, as her ungrateful lodger was gone now some three weeks without leaving a hint behind her. In answer to his most ungentlemanly raging and raving, she told him it served him right, as he should have looked after her better, and not kept away for so long. She reminded him that there were as good fish in the sea as ever came out, and a girl of Jessie's attractions need not pine away (as she had seemed to be pining away) for lack of appreciation. He then called her a liar and left her, and she hoped never to see his face again, though she was not surprised to see it in the dock.

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 inst.i.tute 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. Finally, 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 t.i.ttle 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 pa.s.sing cloud.

The two men had become fast friends. As to the circ.u.mstances 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 circ.u.mstantial 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 l.u.s.t 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 succ.u.mbing 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 pa.s.sed 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 circ.u.mstantial evidence could make it. If they let him go free, the Bow Mystery might henceforward be placed among the archives of unavenged a.s.sa.s.sinations. 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.