Those witnesses who had given evidence at the police court were called and repeated their statements. Inspector Seldon was closely cross-examined by Mr. Lethbridge as to the way in which the dead body was dressed when he discovered it. He declared that Sir Horace had been wearing a light lounge suit of grey colour, a silk shirt, wing collar and black bow tie. Dr. Slingsby's cross-examination was directed to ascertaining as near as possible the time when the murder was committed, but this was a point on which the witness allowed himself to be irritatingly indefinite. The murder might have taken place three or four hours before midnight on the 18th of August, and on the other hand it might have taken place any time up to three or four hours after midnight.

Hill, who had not been available as a witness at the police court--being then on the way back from America in response to a cablegram from Crewe--reappeared as a witness. He looked much more at ease in the witness-box than on the occasion when he gave evidence against Birchill. He had fully recovered from his terror of being arrested for the murder, and obviously had much satisfaction in giving evidence against the man who, according to his impression, had tried to bring the crime home to him.

He gave evidence as to the unexpected return of his master from Scotland on the 18th of August, and also in regard to the relations between his master and Mrs. Holymead. On several occasions he had seen his master kiss Mrs. Holymead, and once he had heard the door of the room in which they were together being locked.

Two new witnesses were called to testify to the suggestion of the prosecution that illicit relations had existed between Sir Horace Fewbanks and Mrs. Holymead. These were Philip Williams, who had been the dead man's chauffeur, and Dorothy Mason, who had been housemaid at Riversbrook. The chauffeur gave evidence as to meeting Mrs. Holymead's car at various places in the country. He formed the opinion from the first that these meetings between Sir Horace and the lady were not accidental.

The last of the prosecution's witnesses was the legal shorthand writer who had taken the official report of the trial of Birchill. In response to the request of Mr. Walters, he read from his notebook the final pa.s.sage in the opening address delivered by the prisoner at that trial as defending Counsel: "'It is my duty 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.'"

Mr. Lethbridge was unexpectedly brief in his opening address. He ridiculed the idea that a man like the prisoner, trained in the atmosphere of the law, would take the law into his own hands in seeking revenge for a wrong that had been done to him. According to the prosecution the prisoner had calmly and deliberately carried out this murder. He had sent a letter to Sir Horace Fewbanks with the object of inducing him to return to London, and had subsequently gone to Riversbrook and shot the man who had been his lifelong friend. Could anything be more improbable than to suppose that a man of the accused's training, intellect, and force of character, would be swayed by a gust of pa.s.sion into committing such a dreadful crime like an immature ignorant youth of unbalanced temperament? The discovery that his wife and his friend were carrying on an intrigue would be more likely to fill him with disgust than inspire him with murderous rage. He would not deny that accused had gone up to Riversbrook a few hours after Sir Horace Fewbanks returned from Scotland; he would admit that when the accused sought this interview he knew that his quondam friend had done him the greatest wrong one man could do another; but he emphatically denied that the prisoner killed Sir Horace Fewbanks or threatened to take his life.

His learned friend had asked why had not the prisoner gone to the police after the murder was discovered and told them that he had seen Sir Horace at Riversbrook that night. The answer to that was clear and emphatic. He did not want to take the police into his confidence with regard to the relations that had existed between his wife and the dead man. He wanted to save his wife's name from scandal. Was not that a natural impulse for a high-minded man? The prisoner had believed that in due course the police would discover the actual murderer, and that in the meantime the scandal which threatened his wife's name would be buried with the man who had wronged her. If the prisoner could have prevented it his wife's name would not have been dragged into this case even for the purpose of saving himself from injustice. But the prosecution, in order to establish a motive for the crime, had dragged this scandal into light. He did not blame the prosecution in the least for that. In fact he was grateful to his learned friend for doing so, for it had released him from a promise extracted from him by the prisoner not to make any use of the matter in his conduct of the case. The defence was that, although the accused man had gone to Riversbrook on the night of the 18th of August to accuse Sir Horace Fewbanks of base treachery, he went there unarmed, and with no intention of committing violence. No threats were used and no shot was fired during the interview. And in proof of the latter contention he intended to call witnesses to prove that Sir Horace Fewbanks was alive after the prisoner had left the house.

The name of Daniel Kemp was loudly called by the ushers, and when Kemp crossed the court on the way to the witness-box, Chippenfield and Crewe, who had returned to the court after giving their evidence, looked at one another.

"He's a dead man," whispered Chippenfield, nodding his head towards the prisoner, "if this is a sample of their witnesses."

Kemp had brushed himself up for his appearance in the witness-box. He wore a new ready-made tweed suit; his thick neck was encased in a white linen collar which he kept fingering with one hand as though trying to loosen it for his greater comfort; and his hair had been plastered flat on his head with plenty of cold water. His red and scratched chin further indicated that he had taken considerable pains with a razor to improve his personal appearance in keeping with his unwonted part of a respectable witness in a place which knew a more sinister side of him. As he stood in the witness-box, awkwardly avoiding the significant glances that the Scotland Yard men and the police cast at him, he appeared to be more nervous and anxious than he usually was when in the dock. But Crewe, who was watching him closely, was struck by the look of dog-like devotion he hurriedly cast at the weary face of the man in the dock before he commenced to give his evidence.

He told the court a remarkable story. He declared that Birchill had told him on the 16th of August that he had a job on at Riversbrook, and had asked him to join him in it. When Birchill explained the details witness declined to have a hand in it. He did not like these put-up jobs.

Mr. Lethbridge interposed to explain to any particularly unsophisticated jurymen that "a put-up job" meant a burglary that had been arranged with the connivance of a servant in the house to be broken into.

Kemp declared that the reason he had declined to have anything to do with the project to burgle Riversbrook was that he felt sure Hill would squeak if the police threatened him when they came to investigate the burglary.

He happened to be at Hampstead on the evening of the 18th of August and he took a walk along Tanton Gardens to have another look at the place which Birchill was to break into. It had occurred to him that things might not be square, and that Hill might have laid a trap for Birchill.

That was about 9.30 p.m. He was just able to catch a glimpse of the house through the plantation in front of it. The mansion appeared all in darkness, but while he looked he was surprised to see a light appear in the upper portion of the house which was visible from the road. He went through the carriage gates with the intention of getting a closer view of the house. As he walked along he heard a quick footstep on the gravel walk behind him, and he slipped into the plantation. Looking out from behind a tree he could discern the figure of a man walking quickly towards the house. As he drew near him the man paused, struck a match and looked at his watch, and he saw that it was Mr. Holymead. Witness's suspicions in regard to a trap having been laid for Birchill were strengthened, and he decided to ascertain what was in the wind. He crept through the plantation to the edge of the garden in front of the house.

From there he could hear voices in a room upstairs. He tried to make out what was being said, but he was too far away for that. In about half an hour the voices stopped, and a minute later a man came out of the house and walked down the path through the garden, and entered the carriage drive close to where witness was concealed in the plantation. As he pa.s.sed him witness saw that it was Mr. Holymead.

About five minutes afterwards the window upstairs in the room where the voices had come from was opened, and Sir Horace Fewbanks leaned out and looked at the sky as if to ascertain what sort of a night it was. He was quite certain that it was Sir Horace Fewbanks. He was well acquainted with that gentleman's features, having been sentenced by him three years ago. Sir Horace seemed quite calm and collected. Witness was so surprised to see him, after having been told by Birchill that he was in Scotland, that he did not take his eyes off him during the two or three minutes that he remained at the window, breathing the night air. Sir Horace was fully dressed. He had on a light tweed suit, and he was wearing a soft shirt of a light colour, with a stiff collar, and a small black bow tie.

When Sir Horace closed the window witness jumped over the fence back into the wood and made his way to the Hampstead Tube station with the intention of warning Birchill that Sir Horace Fewbanks was at home. He waited at the station over an hour, and as he did not see Birchill he then made his way home. During the time he was in the garden at Riversbrook listening to the voices, he heard no sound of a shot. He was certain that no shot had been fired inside the house from the time the prisoner entered the house until he left. Had a shot been fired witness could not have failed to hear it.

There could be no doubt that the effect produced in court by the evidence of the witness was extremely favourable to the prisoner. Kemp had told a plain, straightforward story. The fact that he had shown no reluctance in disclosing in his evidence that he was a criminal and the a.s.sociate of criminals seemed to add to the credibility of his evidence. It was felt that he would not have come to court to swear falsely on behalf of a man who was so far removed from the cla.s.s to which he belonged.

While Kemp was giving his evidence, Crewe had despatched a messenger to his chambers in Holborn for Joe. When the boy returned with the messenger Kemp was still in the witness-box, undergoing an examination at the hands of the judge. Sir Henry Hodson seemed to have been impressed by the witness's story, for he asked Kemp a number of questions, and entered his answers in his notebook.

"Joe," whispered Crewe, as the boy stole noiselessly behind him, "look at that man in the witness-box. Have you ever seen him before?"

"Rayther, guv'nor!" whispered the boy in reply. "Why, it's 'im who tried to frighten me in the loft if I didn't promise to give up watching Mr.

Holymead."

"You are quite certain, Joe?"

"Certain sure, guv'nor. There ain't no charnst of me mistaking a man like that."

Crewe listened intently to Kemp's evidence, and he watched the man's face as he swore that he had seen Sir Horace Fewbanks leaning out of the window after Holymead had left the house. He hastily took out a notebook, scribbled a few lines on one of the leaves, tore it out, and beckoned to a court usher.

"Take that to Mr. Walters," he whispered.

The man did so. Mr. Walters opened the note, adjusted his gla.s.ses and read it. He started with surprise, read the note through again, then turned round as though in search of the writer. When he saw Crewe he raised his eyebrows interrogatively, and the detective nodded emphatically.

Mr. Lethbridge sat down, having finished his examination of Kemp. Mr.

Walters, with another glance at Crewe's note, rose slowly in his place.

"I ask Your Honour that I may be allowed to defer until the morning my cross-examination of this witness," he said. "I am, of course, in Your Honour's hands in this matter, but I can a.s.sure Your Honour that it is desirable--highly desirable--in the interests of justice that the cross-examination of the witness should be postponed."

"I protest, Your Honour, against the cross-examination of the witness being deferred," said Mr. Lethbridge. "There is no justification of it."

"I would urge Your Honour to accede to my request," said Mr. Walters. "It is a matter of the utmost importance."

"Is your next witness available, Mr. Lethbridge?" asked the judge.

"Surely, Your Honour, you're not going to allow the cross-examination of this witness to be postponed?" protested Mr. Lethbridge. "My learned friend has given no reason for such a course."

Sir Henry Hodson looked at the court clock.

"It is now within a quarter of an hour of the ordinary time for adjournment," he began. "I think the fairest way out of the difficulty will be to adjourn the court now until to-morrow morning."

There was a loud buzz of conversation when the court adjourned. After asking Chippenfield and Rolfe to wait for him, Crewe made his way to Mr.

Walters, and, after a few whispered words with that gentleman, Mr.

Mathers, his junior, and Mr. Salter, the instructing solicitor, he returned to Chippenfield and Rolfe and asked them to accompany him in a taxi-cab to Riversbrook.

"What do you want to go out there for?" asked Inspector Chippenfield. "You don't expect to discover anything there this late in the day, do you?"

"I want to find out whether this man Kemp is lying or telling the truth."

"Of course he is lying," replied the positive police official. "When you've had as much experience with criminals as I have had, Mr. Crewe, you won't expect a word of truth from any of them."

"Well, let us go to Riversbrook and prove that he is lying," said Crewe.

"We'll go with you," said Inspector Chippenfield, speaking for Rolfe and himself. He did not understand how Crewe expected to obtain any evidence at Riversbrook about the truth or falsity of Kemp's story, but he did not intend to admit that. "But you can set your mind at rest. No jury will believe Kemp after we've given them his record in cross-examination."

Rolfe, whose a.s.sociation with Crewe in the case had awakened in him a keen admiration for the private detective's methods and abilities, permitted himself to defy his superior officer to the extent of saying that "the best way to prove Kemp a liar is to prove that his story is false."

During the drive to Hampstead from the Old Bailey the three men discussed Kemp and his past record. It was recalled that less than twelve months ago, while he was serving three years for burglary, his daughter had provided the newspapers with a sensation by dying in the dock while sentence was being pa.s.sed on her. According to Inspector Chippenfield, who had been in charge of the case against her, she was a stylish, good-looking girl, and when dressed up might easily have been mistaken for a lady.

"She got in touch with a flash gang of railway thieves from America,"

said Inspector Chippenfield, helping himself to a cigar from Crewe's proffered case. "They used to work the express trains, robbing the pa.s.sengers in the sleeping berths. She was neatly caught at Victoria Station in calling for a dressing-case that had been left at the cloak room by one of the gang. Inside the dressing-case was Lady Sinclair's jewel case, which had been stolen on the journey up from Brighton. The thief, being afraid that he might be stopped at Victoria Station when the loss of the jewel case was discovered, had placed it inside his dressing-case, and had left the dressing-case at the cloak room. He sent Dora Kemp for it a few days later, as he believed he had outwitted the police. But I'd got on to the track of the jewels, and after removing them from the dressing-case in the cloak room I had the cloak room watched. When Dora Kemp called for the dressing-case and handed in the cloakroom ticket, the attendant gave my men the signal and she was arrested."

"She died of heart disease while on trial, didn't she?" asked Crewe.

"Yes," replied Inspector Chippenfield. "Sir Horace Fewbanks was the judge. He gave her five years. And no sooner were the words out of his mouth than she threw up her hands and fell forward in the dock. She was dead when they picked her up."

"She was as game as they make them," put in Rolfe. "We tried to get her to give the others away, but she wouldn't, though she would have got off with a few months if she had. The gang got frightened and cleared out.

They left her in the lurch, but she wouldn't give one of them away."

"It was Holymead who defended her," said Chippenfield. "It was a strange thing for him to do--leading barristers don't like touching criminal cases, because, as a rule, there is little money and less credit to be got out of them. But Holymead did some queer things at times, as you know. He must have taken up the case out of interest in the girl herself, for I'm certain she hadn't the money to brief him. And I did hear afterwards that Holymead undertook to see that she was decently buried."

"Why, that explains it!" exclaims Crewe, in the voice of a man who had solved a difficulty.