The Hampstead Mystery - Part 45
Library

Part 45

"What for?"

"I don't know. I didn't have any particular reason. I just stayed there watching."

"Did you think the prisoner might return?"

"No," replied the witness quickly. "Why should I think that?"

"How long did you stay watching the house?"

"It might be a matter of ten minutes more."

"And the prisoner didn't return during that time?"

"No," replied the witness emphatically.

"What did you do after that?"

"I went to the Tube station."

"Prisoner might have returned after you left?"

"I suppose he might," replied the witness reluctantly.

"Well, now, witness, you say you stayed ten minutes after Holymead left, and during that time Sir Horace opened the window and leaned out of it?"

"Yes."

"You saw him distinctly?"

"Yes."

"You are sure it was Sir Horace Fewbanks?"

"Yes."

"Now, witness," said Mr. Walters, suddenly changing his tone to one of more severity than he had previously used, "you have told us that you heard Sir Horace Fewbanks and the prisoner in the library while you stood in the wood by the garage, and that subsequently you saw Sir Horace leaning out of the window after the prisoner had gone. You are quite sure you were able to see and hear all this from where you stood?"

"Yes."

"Are you aware, witness, that there is a large chestnut-tree at the side of the library, in front of the window?"

Kemp considered for a moment.

"Yes," he said.

"And did not that tree obstruct your view of the library window?"

"No."

"Witness," said Mr. Walters solemnly, "listen to me. This tree did not obstruct your view when you went to Riversbrook a week or so ago to decide on the nature of the evidence you would give in this court. It is bare of leaves now, and you could see the library window and even see into the library from where you stood. But I put it to you that on the 18th of August, when this tree was covered with its summer foliage, you could no more have seen the library window behind its branches than you could have seen the inhabitants of Mars. What answer have you got to that, witness?"

There was a slight stir in court--an expression of the feeling of tension among the spectators. Kemp drew the back of his hand across his lips, then moistened his lips with his tongue.

"Come, witness, give me an answer," thundered prosecuting Counsel.

"I tell you I saw him after Mr. Holymead had left," declared Kemp defiantly. His voice had suddenly become hoa.r.s.e.

To the surprise of the members of the legal profession who were in court, Mr. Walters, instead of pressing home his advantage, switched off to something else.

"I believe you have a feeling of grat.i.tude towards the prisoner?" he asked, in a milder tone.

"I have," said Kemp. His defiant, insolent att.i.tude had suddenly vanished, and he gave the impression of a man who feared that every question contained a trap.

"He did something for a relative of yours which at that time greatly relieved your mind?"

"He did, and I'll never forget it."

"Well, we won't go further into that at present. But it is a fact that you would like to do him a good turn?"

"Yes."

"You came here with the intention of doing him a good turn?"

Kemp considered for a moment before answering:

"Yes."

"You came here with the intention of giving evidence that would get him off?"

"Yes."

"You came here with the intention of committing perjury in order to get him off?" Mr. Walters waited, but there was no reply to the question, and he added, "You see what your perjured evidence has done for him?"

"What has it done?" asked Kemp sullenly.

"It has established the prisoner's guilt beyond all reasonable doubt in the minds of men of common sense. You did not see Sir Horace Fewbanks that night after the prisoner left him. You could not have seen him even if he had leaned out of the window. But your whole story is a lie, because Sir Horace was dead when the prisoner left him."

"He was not," shouted Kemp. "I saw him alive. I saw him as plain as I see you now."

The man in court who was most fascinated by the witness was Crewe. He had watched every movement of Kemp's face, every change in the tone of his voice.

"I wonder what the fool will say next," whispered Inspector Chippenfield to Crewe.

"He will tell us how Sir Horace Fewbanks was shot," was Crewe's reply.

Mr. Walters approached a step nearer to the witness-box. "You saw him as plainly as you see me now?" he repeated.

"Yes," declared Kemp, who, it was evident, was labouring under great excitement. "You say I came here to commit perjury if it would get him off." He pointed with a dramatic finger to the man in the dock. "I did.

And I came here to get him off by telling the truth if perjury didn't do it. You say I've helped to put the rope round his neck. But I'm man enough to tell the truth. I'll get him off even if I have to swing for it myself."