"Impossible, your Grace," said Marvell, who twice before had been defrauded of his legitimate prey. Not again was he going to run the risk of undue favour staying the hand of Justice. He had now in his possession a batch of prisoners so notable that next day his name would ring from one end of the world to the other. "Impossible," was the obvious reply.

"May I write a letter?" asked the Duke.

"No, your Grace, you may not," replied Marvell firmly. "You are now a prisoner, and you will please come with me without more delay. Now, gentlemen, will you pa.s.s your words to come quietly? You can cause trouble if you like, but we are more than equal to you in numbers, so there could only be one end to the matter."

Dorchester consulted Ribston and the Secretary. The others nodded reluctant consent. Word was given, and they pa.s.sed out. The house doors were flung open, and they filed into the street, where a dozen hansoms were in line, a dozen policemen in waiting, and a small but inevitable crowd had collected.

"Ask Colonel Altamont to see the Home Secretary at once," said Dorchester to his butler, as he was helped into his coat.

The old man stood there petrified by the horror of the proceedings. He had been in the family for generations. Three Dukes of Dorchester had he known in all their glory. Kings, Queens, and Potentates had flitted in and out of the ducal mansion with his masters, and now he had lived to see the last of the line taken away like a thief, for some terrible crime. He heard the Duke's words to him, but they conveyed no impression to his brain. He did not reply. The police, the bustle in the hall, the crowd outside, the driving away of the prisoners, all was as a horrible nightmare to him.

"His Grace said you were to tell Colonel Altamont to go at once to the Home Secretary, Mr. Bolton," said the footman, who had held the Duke's coat.

"Ha!" said Bolton, waking from his stupor. He caught hold of a hat, and ran out of the house.

Altamont had not been able to be present that evening. Business of importance had detained him, and he had only just got back to his rooms when Bolton turned up. He started off at once to the Home Secretary, and after exasperating interviews with a footman, a butler, and a private secretary, was at length admitted to the presence of that high personage, who was in his dressing gown, and considerably annoyed at this interruption to his slumbers.

The Colonel explained the situation.

"Is that all?" asked the Home Secretary when he had finished.

"All, sir!" cried the indignant Colonel. "Dorchester, Ribston, Anstruther, and a dozen others, arrested by your policemen, and you ask 'Is that all?'"

"Colonel," said the Minister, emphasising his remarks with his forefinger in Old Bailey style, "Dorchester, Ribston, and the whole lot should have known better--very much better. They've had their sport, and now they've got to pay for it. I can't interfere. If the jury recommend them to mercy I'll give them the benefit of any doubt, and will save them from hanging; but that's all I can promise. Now have a whiskey and soda, and go to bed."

Altamont declined the whiskey and soda, and left the Minister indignantly. On his doorstep he was promptly arrested by Marvell, who had a couple of warrants left over after depositing his prisoners at Vine Street. The last warrant could not be served that night, as the member in question happened to be visiting a friend in Nova Zembla.

Mr. Marvell took good care that the news of the arrest of the Duke of Dorchester, the Earl of Ribston, and the other more or less distinguished members of the Burglars' Club, should be at once communicated to the Press in case some influential friend should intervene at the last moment, and once more defraud him of his due. The morning's papers were full of the news, with the result that the Marlborough Street Police Court was filled to overflowing long before the proceedings commenced. The Peerage, the Diplomatic Service, the Commons, the Army and the Navy, the Stage and Sport, were well represented. Every inch of s.p.a.ce, including the bench itself, was filled, and fair women and brave men were turned away.

Half a dozen ordinary cases were quickly disposed of. Then the extraordinary case was called, and the spectators involuntarily rose to their feet as the Burglars filed into the dock, and took their stand two deep behind the bra.s.s rail. A murmur of sympathy went round as they stood there--some of them obviously interested in the proceedings, others apparently bored by them--all well-groomed, straight set-up men, though their evening dress looked incongruous enough in the daylight, and their crumpled shirt-fronts did not show to advantage.

One by one the prisoners' names were called. One by one the prisoners answered.

Then counsel for the Crown stood up, and having stated that the charge against the prisoners was that of stealing a Report, the property of Lord Lothersdale, he opened his case and called the first witness--Mr.

Bower.

Mr. Bower entered the box, and adjusted his pince-nez with extreme nicety. Under counsel's lead he detailed how the so-called Sinnott had introduced himself.

"I had no doubt at all as to his _bona fides_," said the tailor, lingering lovingly over the Latin words; "but immediately afterwards I had a wire from Moors asking me to postpone my visit to his lordship. I rang up Scotland Yard to inform Mr. Sinnott of the alteration, and learnt that he was unknown there. Then I informed the authorities of the whole matter, with the result that our original intention was followed, and every facility allowed to Mr. Sinnott for carry out his plans."

"Done! By Jove!" gasped Eyre.

Lord Lothersdale's secretary then gave evidence that the Report now produced in court was the property of his lordship.

"Of course," he added smilingly, "the real Report is still at Moors.

This one, though signed for the present purpose by Lord Lothersdale, has no value. It was drawn up three years ago by a former Secretary of State for War," he explained.

Then there was formal evidence of the arrest from Mr. Marvell, who was allowed to speak at length.

"For some time past, your worship," he said, "we have been aware of the existence of what is called 'The Burglars' Club,' composed of n.o.blemen and gentlemen such as your worship sees before you. Our information was derived in the first instance from a discharged servant of one of the members. In revenge for his dismissal he told us of proceedings he had witnessed at his master's house on one occasion, when he was concealed behind a curtain in the room.

"He furnished us with a list of members, and ever since then we have had them under observation. These gentlemen amuse themselves by stealing articles of great value or of public interest. We know for a fact that at one time and another they have obtained unlawful possession of the Koh-i-noor Diamond, the Mace of the House of Commons, Lord Illingworth's Black Pearl, an ounce of Radium from Professor Blyth's laboratory, and even the Great Seal of the United Kingdom itself."

"Good old burglars!" called out an admiring listener at the back of the court.

"Silence!" shouted an indignant usher.

"We have waited, your worship, until we could interfere successfully, knowing that it was only a question of time for us to do so. I have twice been called in on the occasion of a burglary committed by a member of the club, and in each case--of course against my wishes--no charge was made. In this particular instance the member walked straight into the trap."

This closed the case for the Crown, and counsel proceeded to urge the seriousness of the offence, and the necessity for a severe sentence, not only as a just punishment, but as an example.

Counsel for the prisoners now rose. He was the famous Mr. Spiller, who had earned the well-deserved sobriquet of "The prisoner's pal."

He stood up with a twinkle in his eye, and an air of confidence that gladdened the hearts of the ladies on the bench.

"Your worship," he began, "I shall not detain the Court more than a very few minutes, for I admit all the evidence that has been tendered. The last witness gave a list of articles illegally taken by my clients. If he wishes, I will add to the list another half-dozen instances of equal importance."

"Bravo! Go it, Spiller!" called out the sympathiser at the back, whose sporting instincts were too strong for him. This time he was surrounded by ushers and ejected.

"But, sir," continued counsel, when quiet had again been restored, "I must emphasize a point which has been completely and unaccountably lost sight of by the prosecution. Not one of the articles taken by my clients has been retained by them for longer than twenty-four hours. Within that period every article has been restored to its owner. Rest.i.tution has always been made, and compensation given whenever compensation was necessary.

"We in this court have many times had occasion to admire the abilities of Mr. Marvell as a detective, but I would now suggest that he should go through a course of Stephen's 'Commentaries' in order to obtain a little knowledge of the law which he is in the constant habit of putting into force. I cannot too strongly denounce the unwarrantable action of Scotland Yard in submitting my clients to the indignity of an arrest and these proceedings upon the evidence in their possession. They must know--or their office-boy or charwoman is capable of instructing them in the fact--that by English law no person can be guilty of larceny who does not intend permanently to deprive its owner of the article of which he has gained possession. Mere conversion, though accompanied by trespa.s.s, is nothing more than a civil wrong, for which possibly my clients might be liable to a farthing damages.

"Surely," concluded Mr. Spiller, "life is dull and prosaic enough without this high-handed and unwarranted attempt of Scotland Yard to extinguish an original, if not laudable, effort on the part of my clients to add to the dexterity and the gaiety of the nation. Your worship, I submit there is no evidence against my clients, and ask for the immediate discharge of the prisoners."

As Mr. Spiller spoke, the countenance of the prosecuting counsel was observed to become exceedingly gloomy, while Mr. Marvell's complexion turned distinctly green.

[Ill.u.s.tration: "MR. MARVELL ... THANKED THE COMPANY FOR THE GIFT, WHICH HE WOULD TREASURE."

(_p. 280_)]

Then the magistrate spoke. He began with the usual reprimand to the spectators, and the usual threat to have the place cleared if the ordinary decencies of a Court of Justice were not maintained. Then he turned to the prisoners, and said:

"I am sorry to see men of your social position in the dock before me, but you have only yourselves to thank for it. Your counsel has spoken of your laudable and original effort to add to the gaiety of the nation.

People's idea of humour varies, and, personally, I see nothing very funny in what you have done. I certainly think that your efforts might have been more worthily engaged. Some of you are members of the Houses of Parliament, and I really do not know how you reconcile this club with your position as the law-makers of the land; but of course it may be that this is part of the humour to which your counsel referred. With regard to the legal aspect of the matter, it is clear that no criminal offence has been committed, though if Lord Lothersdale desires, you may have to answer elsewhere a claim for damages. You are discharged."

It was in vain that the ushers tried to stop the cheers that went up as the magistrate concluded, and as the doors of the dock opened and the prisoners came forth. But one little man crept away from the well of the court, unnoticed and unrejoicing.

Two days later a special meeting of the Club was held, at which it was proposed by Colonel Altamont and seconded by the President:--

"That, as according to the decision of the Marlborough Street Police Court magistrate, the proceedings of the Burglars' Club are neither criminal nor humorous, and its members run no danger of suffering personal inconvenience, it is hereby resolved that the Club has no connection with Sport, and therefore no reason for existence, and that it be disbanded forthwith."

A fortnight later the disbanding of the Club was celebrated by a dinner, the guest of the evening being Mr. Marvell. After dessert the detective was presented with the minute-book of the Club, which had been kept in cipher by the Hon. Sec., who alone had the key to it. The ex-President, in making the presentation, expressed the hope that Mr. Marvell would spend many happy and profitable years in endeavouring to decipher it.

Mr. Marvell, in reply, thanked the company for their kind reception of him, and for the gift, which he would treasure. He would certainly follow his Grace's suggestion and endeavour to decipher the minutes, and he still hoped that with this additional evidence and a more intimate acquaintance with the "Commentaries" of Mr. Stephen, he would before long be enabled to return their hospitality at His Majesty's expense.

Mr. Marvell's speech was received with acclamation; but his hopes have not been realised.