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CHAPTER LXIII
CONTINUATION OF THE TRIAL

"His outer garments were such as a Mongolian wears, and in his hand was the mask of a Chinaman's face. He carried also in his hand a hollow cane of the reign of Charles the Second, in which, as you will presently hear, a singular discovery was made. It is not for me to say why this disguise was assumed; it is sufficient to state the fact. In response to Constable Applebee's calls for assistance Detective Lambert came up, and afterwards Constable Pond and another. The prisoner gave no explanation of his singular disguise, but made some rambling statement to the effect that the murderers of Samuel Boyd were in the house. In compliance with his urgent and reiterated requests the officers Lambert and Applebee accompanied him into the house, and made a thorough search, from top to bottom, without discovering any person there. Remington was then taken to the police station, and charged. When he was searched a document was found upon him of a nature so incriminating, and so direct in its terms, as to furnish the strongest proof of the guilt of the prisoner, Reginald Boyd. The defence will probably call this evidence presumptive; I call it conclusive. The document runs as follows: -

(Mr. Marlow here read the Memoranda made by Samuel Boyd on the night of Friday, March 1st, with which our readers are already acquainted.¹)

"You will perceive that the document is dated the 1st of March, and there can be no doubt that it was the last writing made by Samuel Boyd before he was cruelly murdered. That he was in dread of violence at the hands of his son is clear. No reference is made in the document to the prisoner Remington, but there is a presumptive accusation against the missing man, Abel Death, of being in a conspiracy to rob him. Observe also the reference to the latchkey possessed by his son, and the words, 'If he does not get in through the front door he will find some other way; he is better acquainted with the ins and outs of this house than I am myself.' In this voice from the grave-for so it may be aptly termed-is revealed a deplorable state of feeling between father and son which strengthens the case against the prisoner Boyd. They were at enmity; each accused the other of robbery or attempted robbery, and matters thus were ripe for violence. Is it too wild a presumption that Remington removed the incriminating document for the purpose of shielding his confederate, and, by implication, himself? The document informed them, also, that Samuel Boyd had not yet made his will, and that if he died that night his son would become heir at law. A strange feature in the case is that the paper was not immediately destroyed, but there are numbers of instances in which criminals have been brought to justice by over-confidence and by their neglect to attend to small matters over which they believed themselves to have absolute control. In addition to this document another remarkable discovery was made at the police station. On the night of the murder Lady Wharton had deposited with Samuel Boyd certain valuable jewels as security for an advance of money to be made to her, and up to last Monday night no trace of these jewels had been discovered. Now, the Charles the Second cane carried from the house by the prisoner Remington was hollow, and in it were found the missing jewels. Lady Wharton will be called to identify them. Against Remington a search of his lodgings furnished further evidence. Under his bed was found a rope and grapnel, which he purchased on Friday the 1st of March-"

Mr. Pallaret: "Will the date be proved?"

Mr. Marlow: "The shopkeeper from whom he purchased it will give evidence of the date. It may be asked, what object could there have been in Remington purchasing a rope and grapnel to get over the wall at the back when Reginald Boyd, with whom we accuse him of being in collusion, possessed a key to the front door? The answer to that is that they deemed it necessary to be prepared, in case the street door was chained and bolted. Or it may have been done, and the rope and grapnel used, to divert suspicion from themselves, and to make it appear that burglars unacquainted with the premises had effected an entrance and committed the crime. It is most suspicious that in Remington's evidence at the inquest he made no allusion to the rope and grapnel, although the statement of Detective Lambert was before him. For what other reason than to screen himself could he have been guilty of the suppression? Another piece of evidence will be forthcoming. Before either of the prisoners was arrested Detective Lambert, during his examination of the house, took photographs of the bloody footprints leading from Samuel Boyd's bedroom to the small window at the back, through which the person or persons effecting an unlawful entrance had passed. Since Remington's arrest photographs have been taken of the soles of his boots, and they exactly correspond with those of the bloody footprints. As to another startling incident in this remarkable crime-the visit of the man disguised as Samuel Boyd to Lady Wharton in Bournemouth-we have only conjecture, and I make no comment upon it other than that it is a mystery which has yet to be elucidated.

"I have now gone through the principal features of the murder and its attendant circumstances, and I think your worship will agree with me that there is no course open to you except to put the prisoners on their trial at the Criminal Court."

At the conclusion of this address the general opinion of the disinterested persons in court was that the accused were guilty, and that there was no escape for them. There were, however, seated at the solicitors' table a few more experienced who judged from Mr. Pallaret's manner that he by no means despaired of an acquittal. A twisted note had been handed to him, on which was written, "He is the man. Call Joseph Pitou."

Witnesses for the prosecution were then examined, of whom the first was Lambert, whose evidence was similar to that given at the inquest, and who testified to the execution of the search warrant in Dick's lodgings. Mr. Pallaret asked him but few questions.

"You have been engaged in getting up this case?"

"Yes, under instructions."

"From time to time you have come into communication with Mr. Richard Remington?"

"Yes."

"Has he assisted or retarded you in your inquiries?"

"He has been of material assistance to me."

"At whose suggestion were photographs of his boots taken?"

"At his. Since his arrest I received a message from him saying that he had a communication to make to me. He then related the circumstances of his breaking into the house in Catchpole Square, and gave me his boots. He also showed me traces of a scar on his hand, caused by a wound he received when he broke the window at the back of the house, from which the blood had dropped as he walked through the passages and rooms."

"Did it appear to you as if he wished to conceal anything?"

"It did not. He was quite frank and open with me."

"In pursuance of your duties you served subp[oe]nas upon certain witnesses?"

"Yes."

"Among others, upon Dr. Pye?"

"Yes."

"In an interview with him you asked him to show you the flashlight device by means of which, according to his statement, he saw a man come from the house in Catchpole Square in the middle of the night?"

"Yes."

"What was his reply?"

"That it was under repair, and he could not produce it."

Then followed the evidence of the reporter of "The Little Busy Bee," and that of Constable Applebee, neither of whom was cross-examined by the defence.

At this point of the trial it was observed that a communication was made to Detective Lambert, who hastily took his departure, but not before he had passed a piece of paper to Mr. Pallaret, upon which was scribbled, "If you do not see me in Court delay the proceedings as long as possible. If Dr. Pye's examination is over before I return do not allow him to leave the Court. Most important."

Lady Wharton was next called. She narrated the circumstances under which she had entrusted her jewels to Samuel Boyd, and identified them. Among the questions put to her under cross-examination, which was purposely prolonged by Mr. Pallaret, were the following:

"Are any of the jewels you gave the deceased on Friday, March 1st, missing?"

"No. They are all here."

"Have you a list of the jewels you gave the person who personated Samuel Boyd in Bournemouth on the following Friday night?"

"Yes."

"You could identify them?"

"Certainly I could. I wish I had the opportunity."

Mr. Higgins then appeared in the witness box, shaking visibly, his features twitching spasmodically. From him the prosecution elicited that Dick had purchased a rope and grapnel at his shop on March 1st, and had paid half the purchase money at the time, promising to pay the balance in the course of the following week, which promise had not been kept. Dick could not understand what his object was in giving this false evidence as to the date of the purchase, unless it were that he conceived himself injured by not obtaining the blackmail he had hoped to gain. He was subjected to a long cross-examination, in the course of which he became hopelessly involved, and contradicted himself so repeatedly that he was warned by the magistrate. He finally retired from the witness box utterly discredited and demoralised.

Dr. Pye's name being called, he took his place in the witness box. His face was calm and composed, and he cast his eyes around with a sense of power which produced a profound impression among the spectators. In a passionless voice he repeated the statement he had made at the Coroner's Court, not deviating by a word from his description of the events of the fatal night. His statement finished, the examination proceeded:

"When you gave your evidence at the inquest you expressed some doubt as to the prisoner Reginald Boyd being the man you saw come from the house?"

"There came to my mind instances of mistaken resemblance in past trials of importance, and I conceived it my duty to warn the jury not to be led into error."

"You suggested that you might be mistaken?"

"I made the suggestion. No man is infallible."

"Have you carefully considered the matter since you appeared in the Coroner's Court?"

"I have."

"Has that consideration strengthened or removed any doubts you may have had?"

"It has removed any possible doubt that may have been in my mind."

"Look at the prisoner, Reginald Boyd. Can you say now with certainty that he is the man you saw?"

"I can say he is, with certainty."

"You are positive?"

"Quite positive. The resemblance is so startling that there is only the barest possibility of my being mistaken."

"Now, as to the hour. You looked at your watch?"

"The incident was so unusual that I instinctively took my watch from my pocket. It was within a minute of three o'clock."

"You are aware that another witness, who will probably be called for the defence, states that she was in Catchpole Square at that hour, that she heard the clock of Saint Michael's Church strike three, and that the door of the house of the deceased was not opened?"

"I am aware of it. She is mistaken."

"Did you hear the clock of St. Michael's Church strike?"

"I did not."

"That is all, Dr. Pye."

Mr. Pallaret then rose and commenced his cross-examination, which had been looked forward to with some eagerness.

"Your name is Pye?"

"That is my name."

"Christian name?"

"Charles Stuart."

"Charles Stuart Pye. Have you ever passed under any other name?"

"The question is an insult."

"I do not intend it as such. I am defending two men who are accused of an atrocious crime, one of them the son of the man who was murdered. Have you ever passed under any other name?"

"Never."

"Are you English born?"

"My parents were English. I was born in Switzerland. If I speak with a slight foreign accent it is to be ascribed to the fact that my childhood was passed away from England, and that in my youth I travelled much in foreign countries."

"Your English is very good. You speak more than one language?"

"I speak French, German, and Italian."

"How old are you?"

"Forty-eight, I think. I cannot say with certainty, as my parents did not keep up my birthday."

"In what part of Switzerland were you born?"

"In Geneva, I believe. My parents never informed me, and I did not inquire."

"It was a matter of no interest to you?"

"None whatever."

If you were born in Geneva the record of your birth will be found there?"

"Probably."

"You call yourself Dr. Do you hold a diploma?"

"I do not. I am called Dr. by courtesy."

"Whose courtesy?"

"General courtesy. It has grown into a fashion. I regard it as a compliment."

The Magistrate: "Are these questions relevant, Mr. Pallaret?"

Mr. Pallaret: "Quite relevant, as your worship will see farther on. I shall not ask a question which does not affect the issue." (To the witness.) "I understand that you volunteered to give evidence at the inquest in the interests of justice?"

"Simply that."

"And had no personal interest to serve?"

"None."

"Are you acquainted with a person of the name of Ezra Lynn?

"I am."

"He is a money-lender?"

"Yes. My acquaintance with him results from that."

"I am sorry to hear it. Are you acquainted with a person of the name of Vinsen-calling himself Dr. Vinsen?"

"Yes."

"Have you seen him lately?"

"Not within the last few days."

"We were anxious to have him here to-day, but I do not see him. We issued a subp[oe]na demanding his attendance. Not being able to ascertain his address we left it at your house. You are aware of that?"

"Yes."

"Has he received the summons?

"I am not aware that he has."

"Can you inform us where he lives?"

"I cannot."

"Nor where he is at the present moment?"

"I cannot inform you."

Upon Dr. Pye's countenance there was not a trace of discomposure, and there was not a tremor in his voice; but the experienced lawyer, as skilful a judge of character as the man he was examining, knew that if a look could kill his minutes were numbered. There was one person in court, Mrs. Abel Death, who listened in bewilderment to the answers given by the witness with reference to Dr. Vinsen. This man, who had presented himself to her as Dr. Pye's viceroy, who had given her money, who had poisoned her ears against Reginald Boyd and Dick Remington, was sitting within a few yards of her, and yet Dr. Pye denied all knowledge of his whereabouts. What was the meaning of this falsehood? Looking at Dr. Vinsen she saw that his eyes were wandering around, as though seeking a means of escape. His face was pallid, his lips were quivering, his hands trembled as they wiped the moisture from his forehead. Gracie had hated him from the first, and it was this, perhaps, that had caused her to absent herself from home. The mother's heart was wrung with anguish, with doubt, with despair.

Mr. Pallaret continued his cross-examination.

"Now, about this flashlight of yours, which revealed the face of the man you say you saw. A contrivance or device of your own, I understand?"

"Yes."

"Have you brought it into court?"

"I have not."

"Is it in your house?"

"It is not."

"No person connected with this inquiry has seen it. You refused to show it to Detective Lambert, saying it was under repair. Is it still under repair?"

"Yes."

"Give me the name of the tradesman who is repairing it?"

"I decline to give it. The device is a secret invention, and I will not run the danger of losing the benefit of it."

"The question is one I cannot compel you to answer, so I will not repeat it; but if the men whom I am defending are put on their trial in a higher court we will see that this so-called flashlight is produced. I gather from you that on the night of the 1st of March you were induced to use it by seeing with your naked eye a man standing at the door of Samuel Boyd's house. The night was very dark. How did you know it was a man?"

"Dark as it was I distinguished the figure of a man."

"On that night there was no suspicion that a murder had been committed. What made you regard as suspicious so simple a circumstance as a man coming out of the house?"

"I had never before seen any one in Catchpole Square at that hour of the night."

"Shall we call it a kind of instinct that whispered of a foul deed done?"

"Call it what you please. You are drawing upon your fancy; I am stating facts."

"Very well; we will stick to facts. You saw the figure of a man, and your suspicions were aroused. How long a time elapsed before you had recourse to your flashlight?"

"I used it almost immediately."

"Your process of reasoning was almost as swift as your flashlight. Do you keep your device in the room in which you were standing?"

"Yes."

"How far from the window?"

"Within reach of my hand."

"Before it was ready for its work some little time must have elapsed. How is the light produced?"

"By an arrangement of magnesium wire."

"Which requires to be ignited?"

"Yes."

"By means of a match?"

"Yes."

"It is, I suppose, necessary that the device be opened before you can light the wire?"

"Yes."

"You saw the figure of a man, your suspicions were aroused, you brought forward the flashlight, you opened it, you found the match box, you took from it a match, you struck the match, you applied the flame to the magnesium wire, you threw the light upon the door in Catchpole Square. That is how it was done?"

"Yes."

"To strike a match requires two hands, one to hold the box, the other to hold the match. You admit that?"

"Yes."

"So that, having brought forward your flashlight device, you had to set it down before you could strike the match?"

"Yes."

"And then you had to lift the box again before you could apply the flame of the match to the magnesium wire. Do you expect us to believe that all these operations were executed simultaneously and instantaneously?"

"No, I do not."

"Good. Timing these various processes of thought and action, we may assume that they occupied a couple of minutes?"

"Not so long."

"A minute and a half? I don't think I can accept less than a minute and a half for the accomplishment of the work I have described?"

"Say a minute and a half."

"I accept it. And all this time the man was standing at the door, waiting for you?"

"Again, these are your words, not mine."

"Do you realise how long a minute and a half is to a murderer under these circumstances? It is an eternity. Place yourself in the position of the man, and time it by your watch. How slowly the seconds pass! Between each there is a thrill of agony. I put it to you that it is incredible that a murderer, in fear of momentary detection, eager to make a swift escape from the scene of his horrible crime, standing in a place so lonely and deserted as Catchpole Square, would remain for so long a time at the door in suspense?"

"He must have done so, for I witnessed it."

"I pass to another subject. I am anxious, like yourself, to adhere to fact. Cast your eyes around the court; let them rest upon the seat you vacated to take your place in the witness box. Close to that seat do you see Dr. Vinsen?"

"I do not." Not a muscle in Dr. Pye's face moved as he gave this answer.

"You see the man I am pointing at, the man next to whom you have been seated these last two hours. Is not that man Dr. Vinsen?"

"He is not."

"Who is he, then?"

"His name is Ezra Lynn."

Unable to control herself, Mrs. Death rose and exclaimed,

"It is not true! It is Dr. Vinsen!"

A wave of excitement passed over the court; the spectators craned their necks, exclamations of astonishment escaped their lips, and for a few moments all was confusion. When order was restored, Mr. Pallaret said, -

"I have done with you for the present, Dr. Pye. I must ask your worship not to allow the witness, or any of the witnesses, to leave the court."

The Magistrate: "They will all remain. The officers will see to it."

Apparently unmoved and unruffled, Dr. Pye returned to his seat. Those of the spectators who were in a position to see observed a smile on his lips.

Mr. Pallaret, turning to the magistrate, then said that it was not customary in such cases as the present for the defence to make a long speech in a police court, but he was induced by special circumstances to deviate from the usual custom, and he was influenced also by the accused, whose earnest desire it was that all their proceedings should be made public with as little delay as possible. The only important witness brought forward by the prosecution against Mr. Reginald Boyd was Dr. Pye, and he should be able to prove that this witness was utterly unworthy of credit. Evidence of a startling nature would be presented which would suggest the gravest doubts in connection with him. (At this moment a slight bustle took place in court, caused by the hurried entrance of a messenger bearing a note for Mr. Pallaret. The learned counsel paused to receive and read the note, and then wrote a line in reply, which was handed to the messenger, who immediately departed.)

"I do not disguise from your worship," continued Mr. Pallaret, "that my object is to obtain the immediate acquittal of the accused at your hands, or, in the event of their being committed for trial, to show that the case against them is so flimsy and unreliable, that to refuse bail would be a distinct injustice. Stripped of the defence which I am in a position to make, I admit that the circumstantial evidence would be sufficiently strong to render their detention necessary, but even without the defence it would not be strong enough to prove their guilt. I take the opportunity of emphasising the extreme danger that lies in evidence of this character. One of our greatest writers has said, 'Circumstances may accumulate so strongly even against an innocent man, that, directed, sharpened, and pointed, they may slay him.' Such might have been the issue of the charge brought against the men I am defending, but happily they are in a position to meet it in a conclusive manner, and, I do not hesitate to say, to prove their innocence. Although not quite relevant to the issue affecting themselves, I cannot refrain from saying that in establishing their innocence they will also establish the innocence of an absent man against whom the finger of suspicion has been pointed. I refer to Mr. Abel Death. With respect to one of the accused I shall unfold a story which has in it many of the elements of romance."

Mr. Pallaret then described the part which Dick had played in the Mystery. With breathless interest the spectators listened to the recital, the effect of which was heightened by the eloquence of the narrator.

"Mr. Richard Remington" (proceeded Mr. Pallaret), "convinced of the innocence of his cousin's husband, recognising the dangerous position in which he stood, and with a certain suspicion in his mind, conceived and carried out a plan as novel, as ingenious, and as bizarre, as has ever been disclosed in a court of justice. On two nights, when he was in the house of the murdered man, he had observed that a flashlight had been thrown upon the windows from the back room of the house inhabited by Dr. Pye. He resolved to present a problem to that person. As skilful in disguise-I may mention that he had been a short time on the stage-as the villain who personated Samuel Boyd, and robbed Lady Wharton of her jewels in Bournemouth, he dressed himself in a suit of Samuel Boyd's clothes, and, in theatrical parlance, 'made up' his face to resemble that of the murdered man. Thus disguised he stationed himself at the front window of Samuel Boyd's house, and upon more than one occasion experienced the satisfaction of having the flashlight thrown upon him. He put into execution another and a bolder idea, the successful result of which led to his arrest under circumstances which you have heard described by Constable Applebee and Detective Lambert. He was convinced that persons found access to the house by some means and in some way unknown to him. If his suspicions were verified the natural conclusion would be that those persons (I use the plural advisedly) were the murderers. He determined to set watch for them, and to remain hidden in the house for several days and nights. In order to carry this out successfully, and to throw dust into the eyes of the suspected persons, he affixed a notice to the street door, to the effect that he would be absent from the house for some time.

"In the room on the first floor which had been used as an office there is, among other singular articles, the wax figure of a Chinaman, suitably attired. This figure is sitting in a hooded chair, what is called, I believe, a grandmother's chair. Mr. Remington had procured from a theatrical costumier in Covent Garden the mask of a Chinaman's face and a costume similar to that which clothed the wax figure. His design was, when he heard sounds of any person or persons moving in any part of the house, to place the wax figure in a cupboard in the office, and take its place. It was a bold and hazardous design, fraught with danger to himself, but, determined if possible to bring the miscreants to justice, he allowed no considerations for his personal safety to stand in his way. He entered the house on the Thursday night of last week, and did not leave it until the Monday night of this week. Animated by his high resolve, stern and fixed in his purpose, behold him in that lonely house, on the watch! Thursday and Friday nights passed, and nothing occurred. Neither was he disturbed on the nights of Saturday and Sunday. He remained there in absolute darkness, confident that the time would come.

"And here let me offer my tribute of praise and admiration for the courage, the patience, I may say the heroism he displayed during this long vigil, this arduous and almost sleepless watch, undertaken out of affection for the family to which he is related, and to prove the innocence of a man falsely accused of a horrible crime.

"On Monday night, or rather at about two o'clock on Tuesday morning, his patience was rewarded. He heard sounds in the passage below which, faint as they were, denoted that he was not now alone in the house. He had already assumed his disguise and removed the wax figure of the Chinaman from the chair. All he had to do was to take its place. The back of the hooded chair being towards the door he could not see who entered when it was softly opened. Nor could he distinguish the voices of the men, for they spoke in whispers. They moved about the room in their stocking feet, and from the few words that reached his ears he gathered that they had come once more to search for the jewels which Lady Wharton had given Mr. Samuel Boyd on the night of her visit to him. Now, I call your attention to the last words of the document written by the unfortunate man on that fatal night-'Notation 2647.' Mr. Remington did not dare to turn his head to watch the movements of the men as they moved about the room. Disappointed in their search one of the men, in his passion, shook the hooded chair so violently that the cane in the hand of the supposed wax figure-which Mr. Remington also held, in order to completely carry out the deception-slipped from his grasp to the ground. The man who picked it up pressed, by accident, one of the raised letters in the knob of the cane. This pressure caused the figure 2 to spring up In a state of intense excitement the man drew his companion's attention to the circumstance, and made a reference to the notation, thus proving that he was familiar with it. He had pressed the letter B, the second in the alphabet, and it had released the figure 2. He pressed the sixth letter, F, and the figure 6 was released, the fourth letter, D, and the figure 4 was released, and the seventh letter, G, releasing the figure 7, the notation was complete, 2647. Mr. Remington, his sense of hearing preternaturally sharpened, heard the whispered comments of the men as figure after figure was released, and heard the click of the silver knob as it sprang up and revealed to the delighted eyes of the conspirators the jewels which had been concealed in the hollow of the cane. Thanks to Mr. Remington's prompt action their delight was short-lived. You will recollect that at this hour on Monday night a storm was raging, and that the lightning was very vivid. What followed was the work of a moment. Mr. Remington started to his feet, and as he did so a flash of lightning illumined the scene. One of the conspirators held in his hand a lighted candle, the other the cane containing the treasure. He seized the cane, and dashed the lighted candle to the ground, thereby plunging the room in darkness, all the blacker because of the lightning flash that had passed through it, and flew into the passage and out of the house, to fall into the hands of Constable Applebee. It is unfortunate that in that brief moment of rapid and resolute action he did not see the faces of the conspirators, but he has his suspicions who they were, and has communicated them to me. Before these proceedings are ended we may see those suspicions verified. I have now related the true story of Mr. Remington's adventures, with all its strange and remarkable episodes, and with the trite remark that truth is stranger than fiction I will call the witnesses for the defence."

The first witness was the costumier in Covent Garden, who testified to Dick's purchase of the Chinese mask and costume. He thought they were for the stage. Such purchases were made of him every day.

The next witness was Mrs. Abel Death, who, despite her distress, gave her evidence of the disappearance of her husband and her search for him in a fairly clear manner. When she was questioned as to the disappearance of her daughter Gracie, the counsel for the prosecution intervened, and contended that these private domestic matters had nothing to do with the case. Mr. Pallaret, answering that before he was done he would show that they had a direct bearing upon it, was allowed to proceed.

"Now, Mrs. Death, on the day on which you made your application in this Court respecting your husband's disappearance you were visited by a person who introduced himself as a doctor. What name did he give?"