"Is that the plan?" he asked.

Hill was somewhat taken aback at the production of the plan. It was drawn in ink on a white sheet of paper of foolscap size, with a slightly bluish tint. The paper was by no means clean, for Birchill had carried it about in his pocket. The witness reluctantly admitted that the plan was the one he had given to Birchill. To his manifest relief Counsel asked no further questions about it. In a low tone Mr. Holymead formally expressed his intention to put the plan in as evidence. He handed it to Mr. Walters, who, after a close inspection of it, pa.s.sed it along to the judge's a.s.sociate for His Honour's inspection.

The rest of Hill's cross-examination concerned what happened at the flat on the night of the burglary. He adhered to the story he had told, and could not be shaken in the main points of it. But Mr. Holymead made some effective use of the discrepancy between the witness's evidence at the inquest as to his movements on the night of the murder and his evidence in court. He elicited the fact that the police had discovered his evidence at the inquest was false and had forced him to make a confession by threatening to arrest him for the murder.

Mr. Holymead signified that he had nothing further to ask the witness, and Mr. Walters called his last witness, a young man named Charles Ryder, a resident of Liverpool, who had spent a week's holiday in London from the 14th to the 21st of August. Ryder had stayed with some friends at Hampstead, and when making his way home on the night of the 18th of August had walked down Tanton Gardens in the belief that he was taking a short cut. The time was about 11.20. He saw a man running towards him along the footpath from the direction of Riversbrook. He caught a good glimpse of the man, who seemed to be very excited. He was sure the prisoner was the man he had seen. In cross-examination by Mr. Holymead he was far less positive in his identification of the prisoner, and finally admitted that the man he saw that night might be somebody else who resembled the prisoner in build.

CHAPTER XVIII

The second day of the trial began promptly when Mr. Justice Hodson took his seat. Mr. Holymead's opening statement to the jury was brief. He reminded them that the life of a fellow creature rested on their verdict.

If there was any doubt in their minds whether the prisoner had fired the shot which killed Sir Horace Fewbanks the prisoner was ent.i.tled to a verdict of "not guilty." It was obligatory on the prosecution to prove guilt beyond all reasonable doubt.

He submitted that the prosecution had not established their case. After hearing the case for the prosecution the jury must have grave doubts as to the guilt of the prisoner, and it was his duty as Counsel for the prisoner to put before the jury facts which would not only increase their doubts but bring them to the positive conclusion that the prisoner was not guilty. He was not going to attempt to deny that the prisoner went to Riversbrook on the night of the murder. He went there to commit a burglary. But so far from Hill being terrorised into complicity in that crime it was he who had first suggested it to Birchill and had arranged it. Material evidence on that point would be submitted to the jury.

Hill was a man who was incapable of grat.i.tude. His disposition was to bite the hand that fed him. After being well treated by Sir Horace Fewbanks he had made up his mind to rob him as he had robbed his former master Lord Melhurst. He knew that Sir Horace had quarrelled with this girl Fanning because of her a.s.sociation with Birchill, and he went to Birchill and put before him a proposal to rob Riversbrook. Birchill consented to the plan, and when on the night of the 18th August he broke into the house he found the murdered body of Sir Horace in the library. That was the full extent of the prisoner's connection with the crime. To the superficial and suspicious mind it might seem an improbable story, but to an earnest mind it was a story that carried conviction because of its simple straightforwardness--its crudity, if the jury liked to call it that. It lacked the subtlety and the finish of a concocted story. The murder took place before Birchill reached Riversbrook on his burglarious errand.

"It is my place," added Mr. Holymead, in concluding his address, "to convince you that my client is not guilty, or, in other words, to convince you that the murder was committed before he reached the house.

It is only with the greatest reluctance that I take upon myself the responsibility of pointing an accusing finger at another man. In crimes of this kind you cannot expect to get anything but circ.u.mstantial evidence. But there are degrees of circ.u.mstantial evidence, and my duty to my client lays upon me the obligation of pointing out to you that there is one person against whom the existing circ.u.mstantial evidence is stronger than it is against my client."

Crewe, who had secured his former place in the gallery of the court, looked down on the speaker. He had carefully followed every word of Holymead's address, but the concluding portion almost electrified him. He flattered himself that he was the only person in court who understood the full significance of the sonorous sentences with which the famous K.C.

concluded his address to the jury.

As his eyes wandered over the body of the court below, Crewe saw that Mrs. Holymead and Mademoiselle Chiron were sitting in one of the back seats, but that they were not accompanied by Miss Fewbanks. It was evident to him by the way in which Mrs. Holymead followed the proceedings that her interest in the case was something far deeper than wifely interest in her husband's connection with it as counsel for the defence.

Leaning forward in her seat, with her hands clasped in her lap, she listened eagerly to every word. During the day his gaze went back to her at intervals, and on several occasions he became aware that she had been watching him while he watched her husband.

The first witness for the defence was Doris Fanning. The drift of her evidence was to exonerate the prisoner at the expense of Hill. She declared that she had not gone to Riversbrook to see Hill after the final quarrel with Sir Horace. Hill had come to her flat in Westminster of his own accord and had asked for Birchill. She went out of the room while they discussed their business, but after Hill had gone Birchill told her that Hill had put up a job for him at Riversbrook. Birchill showed her the plan of Riversbrook that Hill had made, and asked her if it was correct as far as she knew. Yes, she was sure she would know the plan again if she saw it.

The judge's a.s.sociate handed it to Mr. Holymead, who pa.s.sed it to the witness.

"Is this it?" he asked.

"Yes," she replied emphatically, almost without inspecting it.

"I want you to look at it closely," said Counsel. "When Birchill showed you the plan immediately after Hill's departure, what impression did you get regarding it?"

She looked at him blankly.

"I don't understand you," she said.

"You can tell the difference between ink that has been newly used and ink that has been on the paper some days. Was the ink fresh?"

"No, it was old ink," she said.

"How do you know that?"

"Because ink doesn't go black till a long while after it is written. At least, the letters _I_ write don't." She shot a veiled coquettish glance at the big K.C. from under her long eyelashes.

The K.C. returned the glance with a genial smile.

"What do you write your letters on, Miss Fanning?"

She almost giggled at the question.

"I use a writing tablet," she replied.

"Ruled or unruled?"

"Ruled. I couldn't write straight if there weren't lines." She smiled again.

"And what colour do you affect--grey, rose-pink or white paper?"

"Always white."

"Is that all the paper you have at your flat for writing purposes?"

"Yes."

"Then what did Birchill write on when he wanted to write a letter?"

"He used mine."

"Are you sure of that?"

"Yes. When he wanted to write a letter he used to ask me for my tablet and an envelope. And generally he used to borrow a stamp as well." She pouted slightly, with another coquettish glance.

"Look at that plan again," said the K.C. "Have you ever had paper like it at your flat?"

She shook her head.

"Never."

"Have you ever seen paper of that kind in Birchill's possession before he showed you the plan?"

"Never."

"When he showed you the plan had the paper been folded?"

"Yes."

The K.C. took the witness, now very much at her ease, to the night of the murder. She denied strenuously that Hill tried to dissuade Birchill from carrying out the burglary because Sir Horace Fewbanks had returned unexpectedly from Scotland. It was Birchill who suggested postponing the burglary until Sir Horace left, but Hill urged that the original plan should be adhered to. He declared that Sir Horace would remain at home at least a fortnight, and perhaps longer. His master was a sound sleeper, he said, and if Birchill waited until he went to bed there would be no danger of awakening him. She contradicted many details of Hill's evidence as to what took place when the prisoner returned from breaking into Riversbrook. It was untrue, she said, that there was a spot of blood on Birchill's face or that his hands were smeared with blood. He was a little bit excited when he returned, but after one gla.s.s of whisky he spoke quite calmly of what had happened.

The next witness was a representative of the firm of Holmes and Jackson, papermakers, who was handed the plan of Riversbrook which Hill had drawn.

He stated that the paper on which the plan was drawn was manufactured by his firm, and supplied to His Majesty's Stationery Office. He identified it by the quality of the paper and the watermark. In reply to Mr. Walters the witness was sure that the paper he held in his hand had been manufactured by his firm for the Government. It was impossible for him to be mistaken. Other firms might manufacture paper of a somewhat similar quality and tint, but it would not be exactly similar. Besides, he identified it by his firm's watermark, and he held the plan up to the light and pointed it out to the court.

Counsel for the defence called two more witnesses on this point--one to prove that supplies of the paper on which the plan was drawn were issued to legal departments of the Government, and an elderly man named Cobb, Sir Horace Fewbanks's former tipstaff, who stated that he took some of the paper in question to Riversbrook on Sir Horace's instructions. And then, to the astonishment of junior members of the bar who were in court watching his conduct of the case in order to see if they could pick up a few hints, he intimated that his case was closed. It seemed to them that the great K.C. had put up a very flimsy case for the defence, and that in spite of the fact that the prosecutor's case rested mainly on the evidence of a tainted witness Holymead would be very hard put to it to get his man off.