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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..2af25f3 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #53085 (https://www.gutenberg.org/ebooks/53085) diff --git a/old/53085-8.txt b/old/53085-8.txt deleted file mode 100644 index 99fe0b9..0000000 --- a/old/53085-8.txt +++ /dev/null @@ -1,6779 +0,0 @@ -The Project Gutenberg EBook of The Nine of Hearts, by B. L. Farjeon - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Nine of Hearts - A Novel - -Author: B. L. Farjeon - -Release Date: September 18, 2016 [EBook #53085] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE NINE OF HEARTS *** - - - - -Produced by Charles Bowen from page scans provided by the -Web Archive (The Library of Congress) - - - - - - - - - - - -Transcriber's Notes: - 1. Page scan source: - https://archive.org/details/nineofheartsnove00farj - (The Library of Congress) - 2. The diphthong oe is represented by [oe]. - - - - - - -_No. 107_ - -HARPER'S HANDY SERIES - -Issued Weekly - ------------------------------------- - -Copyright,1885, by Harper & Brothers - -December 17, 1886 - -Subscription Price per Year, 52 Numbers, $15 - ------------------------------------- - -Entered at the Post-Office at New York, as Second-class Mail Matter - - - -THE NINE OF HEARTS - - -A Novel - -By B. L. FARJEON AUTHOR OF "GREAT PORTER SQUARE" "THE BRIGHT STAR OF -LIFE" "GRIF" ETC. - - ------------------------------------- - -_Books you may hold readily in your hand are the most useful, after -all_ Dr. Johnson - - - - -NEW YORK - -HARPER & BROTHERS, PUBLISHERS - -1886 - - - - - - -CONTENTS - -Part the First -The Trial of Edward Layton. - - I. A Strange Decision. - - II. The Evidence of James Moorhouse, Coachman. - - III. The Evidence of Adolf Wolfstein, Waiter. - - IV. The Evidence of Lumley Rich, Detective Officer--The - Nine of Hearts. - - V. The Evidence of Ida White, Lady's Maid. - - VI. Description of the Last Day's Proceedings--Extracted - from a Daily Paper. - - -Part the Second -The Cable Message from America. - - -Part the Third -The Mystery of the Nine of Hearts. - - I. - - II. - - III. - - IV. - - V. - - VI. The Day after the Derby. - - VII. - - - - - - -THE NINE OF HEARTS. - - - - - -PART THE FIRST. - -THE TRIAL OF EDWARD LAYTON. - - - - -I. - -A STRANGE DECISION. - - -This morning, at the Central Criminal Court, Mr. Justice Fenmore -resumed the trial of Edward Layton for the wilful murder of his -wife, Agnes Layton, on the morning of the 26th of March, by the -administration of poisonous narcotics in such quantities as to produce -death. Extraordinary as was the excitement caused by yesterday's -proceedings, the public interest in this mysterious murder was -intensified by the strange decision arrived at by the prisoner on this -the third day of his trial. - -The Attorney-general, Mr. J. Protheroe, Q.C., and Mr. Standing -conducted the case on behalf of the Crown. - -The widely spread rumor that an episode of a startling character was -impending, received confirmation immediately upon the entrance of the -prisoner in the dock. He presented a care-worn appearance, and while -the usual formalities were in progress, it was observed that he and his -counsel (Mr. Bainbridge, Q.C.) were in earnest consultation, and it -appeared as if the learned gentleman were endeavoring to overcome some -resolution which the prisoner had formed. At the termination of this -conversation Mr. Bainbridge, turning to the Bench, said, - -"I have to claim your lordship's indulgence for a statement which I -find it necessary to make. It is in the remembrance of your lordship -that on the first day of this trial the prisoner was undefended, being, -as it appeared, resolutely determined to defend himself. Yesterday -morning--that is, upon the second day of the trial--I informed your -lordship that the prisoner had been prevailed upon by his friends to -intrust his defence to me. Being satisfied in my own mind that nothing -would occur to disturb this arrangement--which I venture to say was -an advisable one--I did not feel called upon to mention that the -prisoner's consent to accept legal aid was very reluctantly given. That -this was so, however, is proved by what has since transpired. Both in -writing and by word of mouth the prisoner now insists upon conducting -his own case, and has distinctly informed me that he will not permit -me to act for him. I am empowered to say that his decision is not in -any sense personal to myself. It is simply, and regrettably, that he -has resolved not to be defended or represented by counsel. In these -circumstances I have no option but to place myself in your lordship's -hands." - -Prisoner. "My lord--" - -Mr. Justice Fenmore. "Silence. Your counsel will speak for you." - -Prisoner. "My lord, I have no counsel. I am defending myself, and no -person shall speak for me." - -Mr. Justice Fenmore. "Prisoner at the bar, it is my duty to tell you -that the decision at which you have arrived is grave and unwise." - -Prisoner. "Of that, my lord, I am the best judge." - -Mr. Justice Fenmore. "You may not be. It is scarcely necessary for me -to point out to you, a man of intelligence and good education, that -there are points in every case, and especially in a case so momentous -as this, which an unjudicial, or, to speak more correctly, a mind not -legally trained, is almost certain to overlook." - -Prisoner. "I understand your lordship, and I thank you but if my -acquittal of the terrible crime for which I am now being tried is to -be brought about by legal technicalities, I shall prefer not to owe my -release to those means. I, better than any man here--unless, indeed, -the actual murderer be present--know whether I am innocent or guilty, -and in the course I have determined to pursue I am acting in what I -believe to be my best interests. Your lordship has referred to me as -a man of intelligence and good education. These qualifications will -sufficiently serve me, but I do not rely upon them alone. I have really -had some sort of legal training, and as I assuredly know that I shall -conduct my own defence in a manner which will recommend itself to my -heart and my conscience, so do I believe that, if I choose to exercise -it--and I suppose most men in my position would so choose--I have -legal knowledge sufficient for my needs. The learned counsel who has -addressed your lordship has put the matter most fairly. My consent that -he should defend me was reluctantly given, and I reserved to myself -the right to withdraw it. He has mentioned that this withdrawal is -not personal to himself. It is true. To him, above all others, would -I intrust my defence, were it not that I have cogent and imperative -reasons for trusting no man. I shall not displease one so earnest and -high-minded as he when I state that he once gave me his friendship, -and that I felt honored by it. Your lordship will pardon me for this -statement, the admission of which I feel to be unusual in such a case. -I have made it only for the purpose of emphasizing his correct view. My -lord, I stand upon my rights. I will conduct my own defence." - -The trial was then proceeded with. - - - - -II. - -THE EVIDENCE OF JAMES MOORHOUSE, COACHMAN. - - -The first witness called was James Moorhouse, whose examination was -looked forward to with great interest, as likely to tell heavily either -for or against the prisoner. He is a sturdy man, of middle age, with an -expression of intense earnestness in his face, and although he gave his -evidence in a perfectly straightforward manner, it was apparent that -his sympathies were with the prisoner. - -The Attorney general. "Your name is James Moorhouse?" - -Witness. "It is, sir." - -The Attorney-general. "Were you in the prisoner's employment?" - -Witness. "Yes, sir." - -The Attorney-general. "In what capacity?" - -Witness. "As his coachman." - -The Attorney-general. "For how long were you so employed?" - -Witness. "For a matter of three years." - -The Attorney-general. "Are you a teetotaler?" - -Witness. "Yes, sir." - -The Attorney-general. "During the three years you worked for the -prisoner were you in the habit of driving him out regularly?" - -Witness. "Yes, sir pretty nearly every day." - -The Attorney-general. "Were you the only coachman on the establishment?" - -Witness. "I was, sir." - -The Attorney-general. "Being in his employment so long, you are, I -suppose, perfectly familiar with his figure?" - -Witness. "I am, sir without hearing his voice, I should know him in the -dark." - -The Attorney-general. "You are sure of that?" - -Witness. "Quite sure, sir." - -The Attorney-general. "Is your eyesight good?" - -Witness. "It is very strong. I can see a longish way." - -The Attorney-general. "You have been in the habit of driving the -prisoner often at night?" - -Witness. "Yes, sir." - -The Attorney-general. "And your eyes, therefore, have got trained to -his figure, as it were?" - -Witness. "Yes, sir." - -The Attorney-general. "You have had to look out for him on dark nights -from a distance?" - -Witness. "I have had to do that, sir." - -The Attorney-general. "When the people were coming out of a theatre, -for instance?" - -Witness. "Yes, sir; and at other places as well." - -The Attorney-general. "Therefore, it is not likely you could be -mistaken in him?" - -Witness. "It is hardly possible, sir." - -The Attorney-general. "You remember the night of the 25th of March?" - -Witness. "Yes, sir, and the day too." - -The Attorney-general. "Why do you include the day in your answer?" - -Witness. "Because it was the hardest day's work I have done for many a -year." - -The Attorney-general. "The hardest day's driving, do you mean?" - -Witness. "Yes, sir. I was on the box from eleven o'clock in the morning -till an hour past midnight." - -The Attorney-general. "Driving your master, the prisoner?" - -Witness. "Yes, sir." - -The Attorney-general. "And no other person?" - -Witness. "Not till evening, sir. It was about--" - -The Attorney-general. "We will come to the particulars presently. You -were not driving all the time?" - -Witness. "No, sir; the horses couldn't have stood it." - -The Attorney-general. "Do you mean that there were stoppages?" - -Witness. "Yes, sir." - -The Attorney-general. "Did the prisoner usually work his horses so -hard?" - -Witness. "Not at all, sir. He was a good master to man and beast." - -The Attorney-general. "Why do you look so frequently at the prisoner?" - -Witness. "I can't tell you, sir, except that I shouldn't like to say -anything to hurt him." - -The Attorney-general. "But you are here to speak the truth." - -Witness. "I intend to speak it, sir." - -The Attorney-general. "For reasons which you have given, your -remembrance of what occurred on the 25th of March is likely to be -exceptionally faithful?" - -Witness. "For those and other reasons, sir." - -The Attorney-general. "Now, commence on the morning of that day. What -were your first instructions?" - -Witness. "To be ready with the carriage at eleven o'clock." - -The Attorney-general. "You were ready?" - -Witness. "Yes, sir." - -The Attorney-general. "In what way did you fix the time? By guessing?" - -Witness. "By my watch, sir--the best time-keeper in London." - -The Attorney-general. "At eleven o'clock, then, you were on the box, -waiting for your master?" - -Witness. "Yes, sir." - -The Attorney-general. "He came out to you?" - -Witness. "Yes, sir." - -The Attorney-general. "Did he tell you immediately where to drive to?" - -Witness. "Not immediately, sir. He stood with his hand on the carriage -door, and seemed to be considering." - -The Attorney-general. "Did he remain long considering?" - -Witness. "For three or four minutes, sir--which seemed a longish time." - -The Attorney-general. "And then?" - -Witness. "Then he told me to drive to Finchley." - -The Attorney-general. "What address did he give you?" - -Witness. "None in particular, sir. He said, 'Drive to Finchley, on the -road to High Barnet. I will tell you when to stop." - -The Attorney-general. "Well?" - -Witness. "I drove as directed, and when we were about midway between -Finchley and High Barnet he called to me to stop." - -The Attorney-general. "Were you then at the gate, or in the front of -any house?" - -Witness. "No, sir. We were on the high-road, and there was no house -within twenty yards of us." - -The Attorney-general. "Are you familiar with the locality?" - -Witness. "No, sir, I am not." - -The Attorney-general. "You had never driven your master there before?" - -Witness. "Never, sir." - -The Attorney-general. "Would you be able to mark the point of stoppage -on a map of the road between Finchley and High Barnet?" - -Witness. "I will try, sir, but I shouldn't like to be positive." - -(A map was here handed to the witness, who, after a careful study of -it, made a mark upon it with a pencil.) - -The Attorney-general. "You will not swear that this is the exact spot?" - -Witness. "No, sir." - -The Attorney-general. "But to the best of your knowledge it is?" - -Witness. "Yes, sir, to the best of my knowledge." - -The Attorney-general. "The prisoner called to you to stop. What then?" - -Witness. "I drew up immediately, and he got out." - -The Attorney-general. "What were his next instructions?" - -Witness. "He told me to wait for him, and to turn the horses' heads." - -The Attorney-general. "Towards London?" - -Witness. "Yes, sir." - -The Attorney-general. "Did he say how long he would be away?" - -Witness. "About five or ten minutes, he said." - -The Attorney-general. "In point of fact, how long was it before he -returned?" - -Witness. "Thirty-two minutes by my watch." - -The Attorney-general. "You always time yourself?" - -Witness. "Yes, sir, always it's a habit." - -The Attorney-general. "Did he make any remark upon his return, about -his being away longer than he expected?" - -Witness. "No, sir. He seemed to be occupied with something." - -The Attorney-general. "Occupied in thinking of something?" - -Witness. "Yes, sir." - -The Attorney-general. "When he left you, in which direction did he go?" - -Witness. "He walked on towards High Barnet till he came to a bend in -the road. He went round that and I lost sight of him." - -The Attorney-general. "Did he return the same way?" - -Witness. "No, sir he startled me a bit." - -The Attorney-general. "How?" - -Witness. "I was looking out for him in the direction he had taken, when -I suddenly heard him speak at my elbow." - -The Attorney-general. "How do you account for it?" - -Witness. "He must have taken a short cut back across some fields. If -I had been on my box I might have seen him, but I was standing in the -road, and there was a hedge, more than man high, on the side he came -back to me." - -The Attorney-general. "What did you do when he reappeared?" - -Witness. "I prepared to start." - -The Attorney-general. "Did he tell you immediately where to drive to?" - -Witness. "No, sir. He stood considering, just as he did when we first -set out." - -The Attorney-general. "And then?" - -Witness. "He told me to drive back the way we had come, but not to -drive too quickly." - -The Attorney-general. "You did so?" - -Witness. "Yes, sir." - -The Attorney-general. "Where did you next stop?" - -Witness. "Midway between Finchley and Crouch End." - -The Attorney-general. "At a house?" - -Witness. "No, sir; at a part of the road where there were no houses." - -The Attorney-general. "He called to you, as before, to stop?" - -Witness. "Yes, sir. He got out, and said, 'Moorhouse, meet me here in -about an hour or an hour and a quarter.' I said, 'Yes, sir,' and I -asked him whether I should bait the horses at an inn we had passed half -a mile down the road. He did not answer me, but walked quickly away." - -The Attorney-general. "Can you say why he did not answer you?" - -Witness. "No, sir, except that he did not hear me." - -The Attorney-general. "You spoke distinctly?" - -Witness. "Yes, sir." - -The Attorney-general. "Have you observed, at any time during your -employment, that he was at all deaf?" - -Witness. "No, sir; but he seemed, the whole of that day, to have -something on his mind which kept him from thinking of anything else, or -attending to it." - -The Attorney-general. "After he walked quickly away, what did you do?" - -Witness. "As I had more than an hour to spare I drove back to the inn -I spoke of, and baited my horses, and had a bite of bread-and-cheese -myself." - -The Attorney-general. "Anything to drink?" - -Witness. "A bottle of ginger-beer." - -The Attorney-general. "Timing yourself as usual, were you back on the -spot you left the prisoner at the end of the hour and a quarter?" - -Witness. "To the minute." - -The Attorney-general. "Was he waiting for you?" - -Witness. "No, sir. I saw nothing of him for another two hours." - -The Attorney-general. "Did he return by the road he quitted you?" - -Witness. "No, sir. He came back another way." - -The Attorney-general. "As before?" - -Witness. "Yes, sir, as before." - -The Attorney-general. "What time was it then?" - -Witness. "Seven o'clock." - -The Attorney-general. "Was it getting dark?" - -Witness. "It was already dark, sir, and beginning to drizzle." - -The Attorney-general. "What were the next instructions?" - -Witness. "To drive to the Metropolitan Music Hall, Edgeware Road." - -The Attorney-general. "You drove there?" - -Witness. "Yes, sir, and my master got out." - -The Attorney-general "Saying what?" - -Witness. "Moorhouse,' he said, 'I don't know how long I shall remain -here. It may be an hour or only a few minutes. Keep near.'" - -The Attorney-general. "You obeyed his instructions?" - -Witness. "Yes, sir. I kept within hail, and my master came out at -half-past nine." - -The Attorney-general. "Alone?" - -Witness. "No, sir. He was accompanied by a man." - -The Attorney-general. "A young or an old man?" - -Witness. "I can't say." - -The Attorney-general. "But you saw him?" - -Witness. "Only his back. They walked away from the carriage." - -The Attorney-general. "There is generally something in the gait of a -man which, within limits, denotes his age--that is to say, as whether -he is young or old? Cannot you be guided by that fact?" - -Witness. "No, sir. I paid no particular attention to him. It was my -master I was chiefly observing." - -The Attorney-general. "You have not the slightest idea as to the age of -the man who came out of the Metropolitan Music Hall with the prisoner?" - -Witness. "Not the slightest, sir." - -The Attorney-general. "Did you observe nothing particular as to his -dress? Was there any peculiarity about it?" - -Witness. "I observed nothing particular about him. Whatever I might -say of the man, paying such little attention to him, wouldn't be worth -much." - -The Attorney-general. "I recognize that you are giving your evidence -in a very fair manner, and if I press you upon any point it is for the -purpose of assisting your memory. You recollect that the prisoner on -that night wore a coat of a distinct pattern?" - -Witness. "Yes, sir. He had on an ulster with a Scotch check, which -couldn't be mistaken." - -The Attorney-general. "What was it lined with?" - -Witness. "With blue cloth." - -The Attorney-general. "He wore this ulster when he entered the music -hall?" - -Witness. "Yes, sir, and when he came out of the music hall." - -The Attorney-general. "It is this which makes me think it likely you -might have observed some distinguishing mark in the dress of the man -who came out with him?" - -Witness. "I have nothing in my mind, sir, respecting his dress." - -The Attorney-general. "Very well, I will no longer press it. As to his -height?" - -Witness. "As well as I can remember, he was about the same height as my -master." - -The Attorney-general. "Did you notice the color of his hair, or -whether it was long or short?" - -Witness. "No, sir." - -The Attorney-general. "If it had been long white hair, you would most -likely have noticed it?" - -Witness. "In that case, yes, sir." - -The Attorney-general. "We may assume, then, that he had not long white -hair?" - -Witness. "I think I am safe in saying that much." - -The Attorney-general. "Or white hair at all?" - -Witness. "I shouldn't like to commit myself there, sir. If his hair had -been white and short, I don't think it would have struck me." - -The Attorney-general. "Did he and the prisoner walk out of sight?" - -Witness. "No, sir. They walked to the corner of a street, and stood -there talking for a little while--I should say for fifteen or twenty -minutes. Then the man went away, down the street, which hid him from -me, and my master returned to the carriage." - -The Attorney-general. "While they were talking, their backs were still -turned to you?" - -Witness. "Yes, sir." - -The Attorney-general. "Was there anything observable in their manner of -conversing? Were they calm? Did they remain perfectly still?" - -Witness. "No, sir. My master was calm enough, but his companion -appeared to be very excited. My master seemed to be trying to persuade -him to do something." - -The Attorney-general. "From their attitude, should you have assumed -that his arguments prevailed?" - -Witness. "I can't possibly say, sir." - -The Attorney-general. "Well, then, the man went away and the prisoner -returned to you. What were his next directions?" - -Witness. "To drive to Bloomsbury Square, and stop where he directed me." - -The Attorney-general. "You did so?" - -Witness. "Yes, sir. When we reached the square in Queen Street he -pulled the check-string, and I stopped there. He got out of the -carriage and looked about him." - -The Attorney-general. "As if in search of some person?" - -Witness. "Yes, sir." - -The Attorney-general. "Did he make any remark to you?" - -Witness. "He said, 'If you see a young lady in a gray cloak pass by, -you can tell her I am in the square.'" - -The Attorney-general. "Did he remain with you after that?" - -Witness. "No, sir; he walked right round the square. When he came up to -me he asked if I had seen a young lady dressed as he had described. I. -told him no, I hadn't, and he bade me keep a sharp lookout, and left me -again." - -The Attorney-general. "To walk round the square again?" - -Witness. "Yes, sir. He walked round three or four times, I should say, -and every time he came up to me he asked me if I was sure I had not -seen the young lady; if I was sure she had not passed me. I gave him -the same answer as I did before, and he left me again. He could not -have been more than half-way round when I saw a lady in a gray cloak -coming my way. She was walking hurriedly, and looking about her. I -advanced to speak to her, but she started back the moment I made a step -towards her, and ran to the other side of the road, and crossed into -the square at a distance from me. I should have gone up to her had I -not been afraid to leave my horses; but seeing that she began to walk -round the square in the opposite direction my master had taken, I was -satisfied that they must meet." - -The Attorney-general. "In point of fact, did they meet? Relate what you -saw that bears upon it." - -Witness. "A little while afterwards I saw them together, talking to -each other. They did not walk on the pavement close to the houses, but -on the other side, close to the railings. I don't know how many times -they made the circle of the square, but they must have been away about -twenty minutes or so. Then they came up to me together, and my master -opened the door of the carriage, and the lady got in. When she was -inside, he said to me that there was no occasion for me to mention what -I had seen or that he had spoken to me about the lady." - -The Attorney-general. "All this time was it raining?" - -Witness. "Yes, sir." - -The Attorney-general. "Did they have umbrellas?" - -Witness. "Neither of them, sir." - -The Attorney-general. "They must have got wet?" - -Witness. "They couldn't help getting wet." - -The Attorney-general. "Did they seem to mind it?" - -Witness. "They didn't say anything about it." - -The Attorney-general. "While they were walking round the square, did -they meet any persons?" - -Witness. "A few passed them, and they got out of their way, it seemed -to me." - -The Attorney-general. "As if they desired to avoid observation?" - -Witness. "Yes, sir." - -The Attorney-general. "That would be a reasonable construction to put -upon the circumstance of their walking, during their conversation, on -the least-frequented side of the square, near the railings?" - -Witness. "Yes, I think so." - -The Attorney-general. "Although the neighborhood is a fairly busy one -during the day, are there many people passing through Bloomsbury Square -at night?" - -Witness. "Not many, I should say." - -The Attorney-general. "The square is not very well lighted up?" - -Witness. "Not very." - -The Attorney-general. "Did you see a policeman while you were waiting?" - -Witness. "One, and only once." - -The Attorney-general. "Did he speak to you?" - -Witness. "No, sir." - -The Attorney-general. "He passed on through the square?" - -Witness. "Yes, sir." - -The Attorney-general. "Reference has been made to an ulster of a -peculiar pattern which the prisoner was in the habit of wearing. You -said it was an ulster which could not be mistaken. Are you certain of -that?" - -Witness. "Quite certain." - -The Attorney-general. "Is it within your recollection how long the -prisoner has worn this ulster?" - -Witness. "He had it made last year." - -The Attorney-general. "Would you recognize it if you saw it?" - -Witness. "Oh yes." - -The Attorney-general. "Is this it?" (Ulster produced.) - -Witness. "Yes, that is it." - -The Attorney-general. "You swear to it?" - -Witness. "I do." - -The Attorney-general. "You have said that the prisoner came out of his -house wearing this ulster. Now, on the occasions you have described, -when the prisoner left his carriage and returned to it, was this ulster -ever off his back?" - -Witness. "He wore it all the time." - -The Attorney-general. "You are positive he did not at any time leave -you with this ulster on, and return wearing another?" - -Witness. "I am positive of it." - -The Attorney-general. "After the lady got into the carriage, and the -prisoner told you there was no occasion for you to mention what you had -seen, or that he had spoken to you about the lady, what did he do?" - -Witness. "He told me to drive to Prevost's Restaurant, in Church -Street, Soho, and then he got into the carriage." - -The Attorney-general. "At any time during the night did you see the -lady's face?" - -Witness. "Not at any time." - -The Attorney-general. "Were you familiar with Prevost's Restaurant?" - -Witness. "No, I had never been there, and I was in doubt where Church -Street was. I had to inquire my way." - -The Attorney-general. "Could not the prisoner tell you?" - -Witness. "I asked him, and he said he could not direct me." - -The Attorney-general. "However, you found the restaurant?" - -Witness. "Yes." - -The Attorney-general. "And then?" - -Witness. "My master and the lady entered the restaurant." - -The Attorney-general. "What did your master say to you?" - -Witness. "He told me to wait near the door." - -The Attorney-general. "Did you know what time it was when you drew up -at the restaurant?" - -Witness. "It was ten minutes to eleven." - -The Attorney-general. "How long were you kept waiting?" - -Witness. "Exactly an hour and five minutes." - -The Attorney-general. "That will bring it to five minutes to twelve?" - -Witness. "Yes, sir." - -The Attorney-general. "Did the prisoner then come from the restaurant?" - -Witness. "Yes, accompanied by the lady." - -The Attorney-general. "It was still raining?" - -Witness. "Raining hard now." - -The Attorney-general. "Did he appear flurried? Was he excited?" - -Witness. "His movements were very hurried, which I thought was due to -the rain, and perhaps to his having had a little too much wine. He -opened the door of the carriage quickly, and the lady jumped in, to -avoid the rain, I suppose. My master got in quickly after her." - -The Attorney-general. "But he gave you instructions?" - -Witness. "All he said was, 'Home!'" - -The Attorney-general. "Calmly?" - -Witness. "No, sir. Although he only said one word, I noticed that his -voice was thick. It was because of that I suspected he had taken a -little too much wine." - -The Attorney-general. "Did you observe that he had his ulster on?" - -Witness. "Yes, he had it on." - -The Attorney-general. "You drove home--and then?" - -Witness. "My master got out, helped the lady out--no, I am making a -mistake." - -The Attorney-general. "Commence again." - -Witness. "My master got out, opened the street door with his latch-key, -then returned to the carriage and helped the lady out, and they both -passed into the house." - -The Attorney-general. "Were his actions steady?" - -Witness. "They were not, sir. He seemed to be in a strange hurry." - -The Attorney-general. "Did he say nothing to you?" - -Witness. "Nothing. And thinking my day's work was over, I took the -horses to the stable. I was glad enough." - -The Attorney-general. "The prisoner was in the habit of carrying a -latch-key?" - -Witness. "Yes, and always let himself into the house." - -The Attorney-general. "Did you observe whether the gas in the hall was -lighted?" - -Witness. "It was. It was always kept on when my master was out. His -habit was to turn it off himself, the servants sometimes being abed." - -The Attorney-general. "Now, during the time you were in the prisoner's -employment, had you ever passed such a day as this you have described?" - -Witness. "Never." - -The Attorney-general. "Did you ever know him to come home with a lady, -alone, at that hour of the night?" - -Witness. "Never." - -The Attorney-general. "All the incidents of the day were unusual?" - -Witness. "Very unusual. I thought them very strange." - -The Attorney-general. "The question I am about to put is, in another -form, partly a repetition of one you have already answered. Did you -ever know the prisoner to come home in the carriage late at night with -a strange lady--that is, with any other lady than his wife?" - -Witness. "Never. With a gentleman sometimes, and sometimes with more -than one gentleman; but never with a strange lady." - -The Attorney-general. "He occasionally came home late with friends?" - -Witness. "Oh yes; but then his wife was always with him." - -The Attorney-general. "During the last few months was this usual?" - -Witness. "No. Mrs. Layton was an invalid, and seldom drove out--not -once during the last three or four months at night." - -The Attorney-general. "On the day we have gone through--the 25th of -March did you see anything of Mrs. Layton?" - -Witness. "No, sir, she was seriously ill." - -The Attorney-general. "That, however, is not within your personal -observation?" - -Witness. "No, sir. My duties were outside the house." - -The Attorney-general. "The lady whom he brought home on the night of -the 25th of March was not his wife?" - -Witness. "No, sir. Mrs. Layton had been confined to her room for -several weeks." - -The Attorney-general. "You are quite positive on this point?" - -Witness. "Quite positive, sir." - -The Attorney-general. "That will do." - -(To the surprise of every person in court, who expected that the -witness would be subjected to a long cross-examination, the prisoner -asked but few questions.) - -Prisoner. "You say that at five minutes to twelve I came out of -Prevost's Restaurant?" - -Witness. "You and the lady, sir." - -Prisoner. "It was a dark night?" - -Witness. "It was, sir." - -Prisoner. "Did I call for you?" - -Witness. "No, sir. I saw you come out of the restaurant with the lady, -and I drew up at once. I was within half a dozen yards of the door." - -Prisoner. "When the lady and I got into the carriage, as you say, and I -called out, Home!' you observed that my voice was thick and my manner -flurried?" - -Witness. "Yes, sir." - -Prisoner. "Did it occur to you then, or does it occur to you now, that -the voice which uttered that word was not my voice?" - -Witness. "No, sir." - -Prisoner. "You are certain it was my voice?" - -Witness. "Yes, sir." - -Prisoner. "I wore my ulster?" - -Witness. "Yes, sir." - -Prisoner. "You drove home, and you saw me open the street door with a -latch-key and pass into the house with the lady?" - -Witness. "Yes, sir." - -Prisoner. "Still with my ulster on?" - -Witness. "Yes, sir." - -Prisoner. "Did I turn my face towards you?" - -Witness. "No, sir." - -Prisoner. "If I had done so, could you have recognized my features in -the darkness?" - -Witness. "Scarcely, sir." - -Prisoner. "You know nothing more?" - -Witness. "Nothing more, sir." - -Prisoner. "I do not put the question offensively--you have been a good -servant, and I have never had occasion to find fault with you--but you -are positive that the version you have given of my later movements is -correct?" - -Witness (who appeared much distressed). "I am positive, sir." - -Prisoner. "I have nothing more to ask, Moorhouse." - -Witness. "Thank you, sir." - -Re-examined. "You are a strict teetotaler?" - -Witness. "Yes, sir." - -The Attorney-general. "Did you take any ale or spirits during the day?" - -Witness. "No, sir. I have touched neither for years." - -The Attorney-general. "The prisoner's figure being familiar to you, and -your eyesight being so strong that you could distinguish him in the -darkness, is it likely that you could be mistaken in him on this night?" - -Witness (reluctantly). "It is not likely, sir." - -The Attorney-general. "Scarcely possible?" - -Witness. "Scarcely possible, sir." - - - - -III. - -THE EVIDENCE OF ADOLF WOLFSTEIN, WAITER. - - -The next witness called was Adolf Wolfstein, a waiter in Prevost's -Restaurant. - -The Attorney-general. "Your name is Adolf Wolfstein?" - -Witness. "Yes." - -The Attorney-general. "What is your trade?" - -Witness. "I am a waiter." - -The Attorney-general. "Where are you employed?" - -Witness. "At Prevost's, in Church Street, Soho." - -The Attorney-general. "How long have you been in employment there?" - -Witness. "A little more than seven weeks." - -The Attorney-general. "Do you remember the date on which you entered -your present service?" - -Witness. "Yes, it was the 25th of March." - -The Attorney-general. "So that the 25th of March is impressed upon your -memory?" - -Witness. "It is for another reason impressed upon my memory." - -The Attorney-general. "Simply answer the questions I put to you. You -are a German?" - -Witness. "No, I am French." - -The Attorney-general. "But your name is German, is it not?" - -Witness. "Wolfstein is. It was my father's name, who settled in France -when he was a young man." - -The Attorney-general. "You understand English perfectly?" - -Witness. "Oh yes; perfectly. I spoke it when I was a boy." - -The Attorney-general. "Look at the prisoner. Do you recognize him?" - -Witness. "Yes." - -The Attorney-general. "Did you see him on the 25th of March?" - -Witness. "Yes. Monsieur came to the restaurant on that day." - -The-Attorney-general. "At what hour?" - -Witness. "At eleven o'clock at night." - -The Attorney-general. "Was he alone?" - -Witness. "No; monsieur had a lady with him." - -The Attorney-general. "Did he occupy a private room? If you wish to -explain yourself on this matter you can do so." - -Witness. "I was coming down-stairs when I saw monsieur enter from -the street with a lady. He looked about him, and seeing me, asked if -he could have supper in a private room. I showed monsieur and madame -up-stairs to a room in which I served." - -The Attorney-general. "What occurred then?" - -Witness. "I handed monsieur the _menu_." - -The Attorney-general. "In English, the bill of fare?" - -Witness. "Yes." - -The Attorney-general. "What did he order?" - -Witness. "Tortue claire." - -The Attorney-general. "In English, clear turtle soup?" - -Witness. "Yes." - -The Attorney-general. "Did he consult the lady?" - -Witness. "No." - -The Attorney-general. "Was he long in selecting the kind of soup he -ordered?" - -Witness. "No. It was on the instant." - -The Attorney-general. "He merely glanced at the bill of fare?" - -Witness. "That is so." - -The Attorney-general. "Did you get the soup and place it before him?" - -Witness. "I first asked monsieur, For two?' He said, quickly, 'Yes, for -two.' Then I served it." - -The Attorney-general. "In a tureen?" - -Witness. "Yes, in a tureen." - -The Attorney-general. "When you placed the soup before him, did he -order any wine?" - -Witness. "I handed monsieur the wine-list, and he said, 'Champagne.' I -asked him of what kind. He said, 'The best.'" - -The Attorney-general. "You brought the best?" - -Witness. "Yes." - -The Attorney-general. "That is, the most expensive?" - -Witness. "Of necessity." - -The Attorney-general. "When you placed the wine before him, did you -observe anything that struck you as unusual?" - -Witness. "Yes; it was that, like other people, they should have been -drinking their soup, or have finished it; but they had not drunk it." - -The Attorney-general. "Had it been served from the tureen into their -plates?" - -Witness. "No, not a spoonful. It was as I brought it--not touched." - -The Attorney-general. "As they were not eating, what were they doing?" - -Witness. "They were engaged in conversation." - -The Attorney-general. "Very earnestly?" - -Witness. "Very earnestly." - -The Attorney-general. "And speaking very low?" - -Witness. "Very low." - -The Attorney-general. "Did you hear anything they said?" - -Witness. "Not a word." - -The Attorney-general. "Upon observing that they had not commenced their -soup, did you make any remark?" - -Witness. "Yes. I said, 'Does not monsieur like the soup?'" - -The Attorney-general. "What was his answer?" - -Witness. "He answered, 'Oh yes, it is very good,' and slightly pushed -the tureen away with his hand." - -The Attorney-general. "Indicating that he had done with it?" - -Witness. "I regarded it so, and I removed it." - -The Attorney-general. "Did he object to its being removed?" - -Witness. "No, not at all." - -The Attorney-general. "Did the lady object--did she seem surprised?" - -Witness. "No; she said not a word, nor did she look surprised." - -The Attorney-general. "Your answer to the last question causes me to -ask whether the lady was old or young?" - -Witness. "But I do not know." - -The Attorney-general. "You said she did not look surprised?" - -Witness. "It is that she did not appear surprised. She did not look up. -In truth, she had her veil down." - -The Attorney general. "Had she removed her cloak?" - -Witness. "No." - -The Attorney-general. "Did she keep it on all the time she was in the -room?" - -Witness. "Yes; all the time." - -The Attorney-general. "Now, when you asked the prisoner if he liked the -soup, and he answered, 'Oh yes, it is very good,' you were surprised to -find that they had not drunk a spoonful?" - -Witness. "Why, yes, it was surprising." - -The Attorney-general. "Did the prisoner pour out the champagne?" - -Witness. "I filled a glass for madame and one for monsieur." - -The Attorney-general. "Did the prisoner order another dish?" - -Witness. "I asked monsieur, 'What will you have to follow?' and handed -him the _menu_--the bill of fare. He said, 'Salmon cutlets.' 'For two, -monsieur?' I asked. 'For two,' he said. I served them." - -The Attorney-general. "Did he at any time summon you by ringing the -bell?" - -Witness. "No. It appeared to me that monsieur did not wish to be -disturbed therefore I did not disturb him, but I noticed--" - -The Attorney-general. "You noticed what?" - -Witness. "That, as with the soup, monsieur ate nothing, and helped -madame to nothing. I waited till I thought it was time, and then I went -to the table and asked whether he did not like the salmon cutlets. -Monsieur answered, 'Oh yes, they are very good,' and pushed them away -as before. I removed them, as with the soup. What will monsieur have to -follow?' I asked. 'Ices,' he said. 'Vanille?' I asked. 'Yes,' he said, -'Vanille.' I brought them. They were not eaten." - -The Attorney-general. "Did they drink the wine?" - -Witness. "Monsieur once raised his glass to his lips, but tasted it -only, and as if he had no heart in it." - -The Attorney-general. "Did he order anything else?" - -Witness. "No. When I asked him, he said, 'The bill.' I brought it." - -The Attorney-general. "What did it amount to?" - -Witness. "One pound four shillings." - -The Attorney-general. "How much of the champagne was drunk?" - -Witness. "Half a glass--not more." - -The Attorney-general. "Did not the lady drink any of hers?" - -Witness. "Not any." - -The Attorney-general. "Did the prisoner make any remark as to the -amount of the bill?" - -Witness. "Oh no; he gave me a sovereign and a half-sovereign, and said, -'That will do.'" - -The Attorney-general. "Meaning that you could keep the change?" - -Witness. "I took it so, and he said nothing." - -The Attorney-general. "A good customer?" - -Witness. "A very good customer. Not many such." - -The Attorney-general. "Without a murmur or a remark, the prisoner paid -you thirty shillings for half a glass of champagne?" - -Witness. "That is so. It was, as I say, surprising. I did not forget -it." - -The Attorney-general. "It was not a circumstance to forget. You say -that the lady who accompanied the prisoner did not remove her cloak or -veil. Was that the case the whole of the time she was in the room?" - -Witness. "The whole of the time." - -The Attorney-general. "Her gloves--did she wear those the whole of the -time?" - -Witness. "But, no. I remember once seeing her hand ungloved." - -The Attorney-general. "Her right or left hand? Be particular in your -answer, and think before you speak, if it is necessary. My object is to -ascertain whether the lady was married, and wore a wedding-ring." - -Witness (smiling). "But a wedding-ring matters not. Those wear them who -are not married." - -The Attorney-general. "Reply to my question. Was it her right or her -left hand which you saw ungloved?" - -Witness. "I cannot remember." - -The Attorney-general. "Try." - -Witness. "It is of no use. I cannot remember." - -The Attorney-general. "Can you remember whether it was a small or a -large hand?" - -Witness. "It was a small white hand." - -The Attorney-general. "The hand, presumably, of a lady?" - -Witness. "Or of a member of the theatre. Who can tell? We have many -such." - -The Attorney-general. "Were there rings upon her fingers?" - -Witness. "I observed one of turquoises and diamonds." - -The Attorney-general. "Was it a ring with any particular setting by -which it could be identified?" - -Witness. "A ring set with diamonds and turquoises. That is all I know." - -The Attorney-general. "Would you recognize it again if you saw it?" - -Witness. "I cannot say. I think not. I did not particularly remark it." - -The Attorney-general. "Did you remark the color of her gloves?" - -Witness. "They were black gloves." - -The Attorney-general. "Of kid?" - -Witness. "Yes, of kid." - -The Attorney-general. "At what time did the prisoner and his companion -leave the restaurant?" - -Witness. "It must have been about twelve." - -The Attorney-general. "Why do you say 'It must have been about twelve?'" - -Witness. "Because I did not see them leave the room." - -The Attorney-general. "You can, however, fix the time within a few -minutes?" - -Witness. "Oh yes. At a quarter to twelve, as near as I can remember, I -had occasion to go down-stairs. When I returned, after three or four -minutes, monsieur and madame were gone." - -The Attorney-general. "Were you aware that they had a carriage waiting -for them?" - -Witness. "Only that I heard so. I did not see it." - -(The witness was then briefly cross-examined by the prisoner.) - -Prisoner. "You say that you saw me enter the restaurant from the -street, and that I asked you if I could have supper in a private room?" - -Witness. "That is so." - -Prisoner. "Did you show me into a private room?" - -Witness. "Yes." - -Prisoner. "Where other persons could not enter?" - -Witness. "Oh no; it was a room for six or eight persons." - -Prisoner. "During the time I was there, did you attend to other persons -besides me?" - -Witness. "Yes." - -Prisoner. "The room was not strictly private?" - -Witness. "As private as I have said." - -Prisoner. "What was the first thing I did when I went to the table you -pointed out to me?" - -Witness. "You removed your overcoat. It was wet with rain; and it -surprised me that madame did not remove hers, which was also wet with -rain." - -Mr. Justice Fenmore. "Do not make remarks. Simply answer the questions -put to you." - -Witness. "Yes, my lord." - -Prisoner. "What did I do with the overcoat when I had taken it off?" - -Witness. "You hung it up behind you." - -Prisoner. "On a peg in the wall?" - -Witness. "Yes." - -Prisoner. "Was this peg quite close to the table at which I sat?" - -Witness. "No, it was at a little distance." - -Prisoner. "At the back of me?" - -Witness. "Yes." - -Prisoner. "Did I put the overcoat on before I left the room?" - -Witness. "Yes." - -Mr. Justice Fenmore. "You have said in examination that you did not see -the prisoner and his companion leave the room." - -Witness. "But when I returned, after being away for three or four -minutes, monsieur was gone, and the coat was also gone." - -Prisoner. "Then you did not see me put on the overcoat?" - -Witness. "No." - -Prisoner. "I have nothing more to ask you." - -Re-examined. "Would you be able to recognize the overcoat which the -prisoner wore?" - -Witness. "Oh yes; it was remarkable." - -The Attorney-general. "Is this it?" (Ulster produced.) - -Witness. "Yes; it is the same." - -At this stage the court adjourned for luncheon. - - - -IV. - -THE EVIDENCE OF LUMLEY RICH, DETECTIVE OFFICER.--THE NINE OF HEARTS. - - -Upon the reassembling of the court, the first witness called was Lumley -Rich. - -The Attorney-general. "You belong to the detective force?" - -Witness. "I do." - -The Attorney-general. "On the 26th of March were you called to the -prisoner's house?" - -Witness. "Yes." - -The Attorney-general. "At what hour of the morning?" - -Witness. "At seven o'clock." - -The Attorney-general. "Was the prisoner in the house at the time?" - -Witness. "He was not." - -The Attorney-general. "Whom did you see for the purpose of information?" - -Witness. "The prisoner's coachman, James Moorhouse, and Ida White, -lady's-maid, and other servants." - -The Attorney-general. "What passed between you and the coachman?" - -Witness. "I asked him at what time on the previous night the prisoner -returned home. He said at about twenty minutes past twelve, and that -the prisoner entered his house accompanied by a lady, opening the -street door with his latch-key. I asked him if he had seen the prisoner -since, and he replied that he had not. I asked him from what part of -his dress the prisoner took the latch-key, and he replied, from the -pocket of the ulster he wore." - -The Attorney-general. "Although the prisoner was not at home, was this -ulster in his house?" - -Witness. "Yes, it was hanging on the coat-rack in the hall." - -The Attorney-general. "Did you take possession of it?" - -Witness. "I did." - -The Attorney-general. "Did you search the pockets?" - -Witness. "Yes." - -The Attorney-general. "What did you find in them?" - -Witness. "The latch-key of the street door and a playing-card." - -The Attorney-general. "Nothing else?" - -Witness. "Nothing else." - -The Attorney-general. "Is this the latch-key?" (Latch-key produced.) - -Witness. "It is." - -The Attorney-general. "Is this the playing-card?" (Playing-card, the -Nine of Hearts, produced.) - -Witness. "It is." - -The Attorney-general. "How do you recognize it?" - -Witness. "By a private mark I put in the corner." - -The Attorney-general. "There was absolutely nothing else in the pockets -of the ulster?" - -Witness. "Nothing else." - -The Attorney-general. "Did you see the prisoner before you left the -house?" - -Witness. "I did." - -The Attorney-general. "Describe what passed." - -Witness. "The prisoner suddenly made his appearance while I was -questioning the servants, and inquired my business there. I told him -I was an officer, and that I was there because of his wife being -found dead in her bed. 'Dead!' he cried; 'my wife!' and he rushed to -her room. I followed him. He looked at her and sunk into a chair. -He seemed stupefied. I had his ulster coat hanging on my arm, and I -told him I had taken possession of it. He nodded vacantly. A moment -or two afterwards he laid his hand upon the ulster, and demanded to -know where I had obtained it. I informed him from the coat-rack in -the hall. He cried, 'Impossible!' and as it seemed to me he was about -to speak again, I informed him that anything he said might be used in -evidence against him. 'In evidence!' he cried, 'against me!' 'Yes,' I -replied; there has been murder done here.' 'Murder!' he cried; 'and I -am suspected!' To that remark I did not reply, but repeated my caution. -He said, 'Thank you,' and did not utter another word." - -The prisoner did not cross-examine the witness; and this was the more -surprising as it was remarked by all in court that upon the production -of the playing-card, the Nine of Hearts, he was greatly agitated. - - - - -V. - -THE EVIDENCE OF IDA WHITE, LADY'S-MAID. - - -The next witness called was Ida White, an attractive-looking woman -about thirty years of age. - -The Attorney-general. "What is your name?" - -Witness. "Ida White." - -The Attorney-general. "Do you know the prisoner?" - -Witness. "Yes; he was my master." - -The Attorney-general. "In what capacity were you employed?" - -Witness. "I was lady's-maid to his wife, my poor dead mistress." - -The Attorney-general. "Were you in her service before she was married?" - -Witness. "Yes." - -The Attorney-general. "What was her maiden name?" - -Witness. "Agnes Beach." - -The Attorney-general. "When you first entered her service were her -parents alive?" - -Witness. "Both of them." - -The Attorney-general. "Do they still live?" - -Witness. "No. Mrs. Beach died on my mistress's wedding-day; Mr. Beach -died in February of this year." - -The Attorney-general. "Was your late mistress very much affected at her -mother's death?" - -Witness. "She almost lost her reason. She fell into a fever, and was -scarcely expected to live. It was weeks before she recovered." - -The Attorney-general. "Have you any knowledge of the circumstances of -your mistress's engagement with the prisoner?" - -Witness. "She was very much in love with him." - -The Attorney-general. "And he with her?" - -Witness. "I don't think so." - -The Attorney-general. "And according to your observation, not being in -love with her, he engaged himself to her?" - -Witness. "Yes." - -The Attorney-general. "Was she a good-looking woman?" - -Witness. "She would not generally be considered so." - -The Attorney-general. "Is this a fairly good likeness of her?" - -(Photograph of the deceased produced, which, after the witness had -examined it, was handed to the jury. It represented a woman, very -plain, with a face which seemed to lack intelligence.) - -Witness. "It is very like her." - -The Attorney-general. "Was she strong-minded?" - -Witness. "No, she was not but she was very obstinate when she took it -into her head." - -The Attorney-general. "How old was she at the time of her engagement -with the prisoner?" - -Witness. "Twenty-eight." - -The Attorney-general. "Do you know the prisoner's age at the time?" - -Witness. "My mistress told me he was twenty-four." - -The Attorney-general. "Was she well-formed?" - -Witness. "No." - -The Attorney-general. "Had she a good figure?" - -Witness. "No." - -The Attorney-general. "Many plain women have some peculiar attraction, -either in manners or features. Had she anything of this kind to -distinguish her?" - -Witness. "I cannot say she had." - -The Attorney-general. "But there might have been other attractions. Was -she brilliant in conversation?" - -Witness. "On the contrary. She had very little to say for herself upon -general subjects." - -The Attorney-general. "But she was passionately in love with the -prisoner?" - -Witness. "Passionately." - -The Attorney-general. "Did she limp?" - -Witness. "Yes. One leg was shorter than the other." - -The Attorney-general. "Had she known the prisoner for any length of -time before the engagement?" - -Witness. "For a few weeks only, I believe." - -The Attorney-general. "In what way did he make her acquaintance?" - -Witness. "He came to the house." - -The Attorney-general. "In a friendly way?" - -Witness. "He came first upon business." - -The Attorney-general. "To see whom?" - -Witness. "My mistress's father, Mr. Beach." - -The Attorney-general. "Upon what business?" - -Witness. "Upon betting business, my mistress said." - -The Attorney-general. "What was Mr. Beach's occupation?" - -Witness. "He was a book-maker." - -The Attorney-general. "A betting man?" - -Witness. "Yes. He used to make large books." - -The Attorney-general. "On racing?" - -Witness. "Yes." - -The Attorney-general. "Was he an educated man?" - -Witness. "No." - -The Attorney-general. "Would you call him a vulgar man?" - -Witness. "Yes." - -The Attorney-general. "Did he move in good society?" - -Witness. "He did not." - -The Attorney-general. "But he was rich?" - -Witness. "Very rich. He drank a great deal of champagne." - -The Attorney-general. "You say the prisoner first came to the house -upon business. Do you know upon what particular business?" - -Witness. "It was something about horses, and bets he had made upon -them." - -The Attorney-general. "Bets which he had lost?" - -Witness. "Yes." - -The Attorney-general. "How was it that your mistress became acquainted -with him on that occasion, when the fact was that he came upon -business?" - -Witness. "He was asked by Mr. Beach to stay to dinner, and he stayed." - -The Attorney-general. "Mr. Beach, you say, was not in good society. Had -he any desire to get into it?" - -Witness: "He was crazy about it." - -The Attorney-general. "Upon the first occasion of the prisoner dining -at Mr. Beach's house, did your mistress make any remark with reference -to the prisoner?" - -Witness. "She never ceased speaking about him. She said she had seen -the handsomest man in the world." - -The Attorney-general. "Narrate as briefly as you can what occurred -between your mistress and the prisoner up to the time they were -engaged." - -Witness. "He came five or six times to the house, and every time he -came my mistress was more and more in love with him. I understood from -what she told me that he was in difficulties, and that he had lost a -great deal of money at horse-racing." - -The Attorney-general. "Did he keep racing horses?" - -Witness. "I did not understand that, but that he had been betting -upon horses. There was money owing not only to Mr. Beach, but to -other book-makers as well, and the prisoner wished Mr. Beach to -arrange the whole matter. 'Those things are easily arranged,' I said -to my mistress; 'all you have to do is to pay.' 'But supposing you -haven't the money to pay?' asked my mistress. 'I thought Mr. Layton -was a gentleman,' I said. 'There are poor gentlemen as well as rich -gentlemen,' my mistress said, 'and my papa gets a lot of money out of -all sorts of people.' That was true enough; I have heard him and his -friends chuckling over it many times, and Mr. Beach used to call them -a lot of something fools. I heard a great deal about 'swells,' as Mr. -Beach called them, being ruined by backing horses, and I knew that that -was the way he had grown rich. He used to say that he had got a lot of -stuck-up swells under his thumb. '_I_ can arrange Mr. Layton's business -with papa,' my mistress said; and when I found her practising songs at -the piano, out of time and out of tune--for she had no ear for music--I -knew that she was making up to him. It came about as she wished, and -one night she told me she was the happiest woman in the world--that Mr. -Layton had proposed and she had accepted him." - -The Attorney-general. "Were there rejoicings in the house?" - -Witness. "A good many big dinners were given, but I can't say much for -the company. My mistress was sometimes very happy, and sometimes very -miserable. To-day she complained that he was cold to her, to-morrow she -would go on in the most ridiculous way because he gave her a flower, as -though it was better than a big diamond." - -The Attorney-general. "Did he seem to be wanting in attention to her -during the courtship?" - -Witness. "He wasn't a very warm lover, as far as I could see. But my -mistress was so much in love that she put up with anything. He had only -to give her a smile or a pleasant word, and you would think she was in -heaven." - -The Attorney-general. "How did the prisoner get along with Mr. Beach?" - -Witness. "I know they had words on two or three occasions." - -The Attorney-general. "About what?" - -Witness. "About the settlements. My mistress told me, and she said her -father was a screw." - -The Attorney-general. "A screw! What was meant by the word?" - -Witness. "That he was mean and sharp, that was what she meant." - -The Attorney-general. "Go on. That her father was a screw--" - -Witness. "And wanted to bind Mr. Layton down too tight. He had -conversations with her about it." - -The Attorney-general. "He! Who?" - -Witness. "Mr. Layton." - -The Attorney-general. "Did he seek these conversations?" - -Witness. "Oh no; they were of her seeking. She was afraid that -something might occur to break off the engagement. She said to me more -than once, 'If anything goes wrong, I sha'n't care to live.' I never in -all my life saw a woman so madly in love as she was." - -The Attorney-general. "Do you know the result of those conversations -about the settlements between the prisoner and your mistress?" - -Witness. "Both Mr. Beach and Mr. Layton stood out, and I don't believe -either of them would have given way if my mistress had not taken it up. -She and her father had some warm scenes." - -The Attorney-general. "By 'warm' do you mean 'angry?'" - -Witness. "Yes." - -The Attorney-general. "Whose money was it that was in dispute?" - -Witness. "Mr. Beach's. He was rich; Mr. Layton had no money to settle. -My mistress used to say, 'I know that I am not very handsome, but I can -make Mr. Layton comfortable all his life, and I am sure we shall get -along very well together. Papa shall do whatever I want.'" - -The Attorney-general. "Then is it your impression that the prisoner -paid court to her for her money?" - -Witness. "I don't think he would have looked at her else." - -The Attorney-general. "And that your mistress was aware of it?" - -Witness. "She must have had some notion of it, but it couldn't have -been a pleasant thing for her to talk much about, and it seemed to me -that she was glad to avoid it. She didn't think she was as plain as she -was. No woman does." - -The Attorney-general. "How was the matter finally arranged?" - -Witness. "The money was settled upon my mistress, and after her death -it was to go to Mr. Layton." - -The Attorney-general. "Do you know what the amount was?" - -Witness. "My mistress told me it was £20,000." - -The Attorney-general. "Which would come absolutely into the prisoner's -possession when his wife died?" - -Witness. "I understood so. My mistress did say something else about the -settlement. 'There's one thing I would like put in about the money,' -she said, 'and that is, that it shouldn't be his if he married again; -but I would not dare to mention it.'" - -The Attorney-general. "Did she give you a reason for not daring to -mention it?" - -Witness. "Yes; that he would break the engagement." - -The Attorney-general. "Now, about the wedding. Was it a private or -public wedding?" - -Witness. "Not private--oh no, not at all! there were at least a hundred -at the wedding breakfast, and any amount of champagne was opened." - -The Attorney-general. "What kind of company?" - -Witness. "Mixed--very much mixed." - -The Attorney-general. "Be more explicit. Were there many of Mr. Beach's -set there?" - -Witness. "They were all of his set." - -The Attorney-general. "But some of the prisoner's friends were there as -well?" - -Witness. "Not one. There were words about it." - -The Attorney-general. "On the wedding-day?" - -Witness. "Yes." - -The Attorney-general. "Words between whom?" - -Witness. "Between Mr. Beach and Mr. Layton. I heard Mr. Beach say, I -gave you thirty invitations to fill up and Mr. Layton answered, didn't -fill up one of them. I didn't intend that a friend of mine should meet -such a crew as I knew you would get together.' 'Not good enough for -you, I suppose?' said Mr. Beach. 'No,' said Mr. Layton, 'decidedly not -good enough,' and then he walked away." - -The Attorney-general. "Did your mistress make any remark on the -subject?" - -Witness. "No she was too happy to find fault with anything. She was -delighted, too, with the wedding presents. There was nearly a room full -of them." - -The Attorney-general. "Many of them from the prisoner's friends?" - -Witness. "Not one." - -The Attorney-general. "Do you mean to inform the court that not a -single friend or relative of the prisoner's was present, and that among -the wedding presents there was not a single token from his connections?" - -Witness. "Not a single one." - -The Attorney-general. "Well, they were married, and they went away?" - -Witness. "Yes; they took the night train to Paris." - -The Attorney-general. "Did you accompany them?" - -Witness. "No." - -The Attorney-general. "Did your mistress's mother die before they left?" - -Witness. "No; some hours afterwards, and a telegram was sent on to them -in Paris, at the Hotel Bristol." - -The Attorney-general. "What is the next thing you remember?" - -Witness. "A telegram arrived from Mr. Layton, requesting me to come to -Paris immediately. We received the telegram at about two o'clock on the -day after the wedding, and I went by the night train." - -The Attorney-general. "Did any person meet you?" - -Witness. "Yes; Mr. Layton. He said my mistress was very ill, and he -took me to the hotel. She was in bed, and she remained there for -several weeks. I attended her the whole of the time." - -The Attorney-general. "Did she have good doctors?" - -Witness. "The best that could be got." - -The Attorney-general. "Was the prisoner attentive to her?" - -Witness. "Pretty well; _I_ shouldn't have liked it." - -The Attorney-general. "What do you mean by that?" - -Witness. "Well, he never sat by her bedside for any length of time; he -never held her hand; he never kissed her. Oh, it is easy to tell when a -man loves a woman!" - -The Attorney-general. "How long was it before she was able to get -about?" - -Witness. "Quite three months." - -The Attorney-general. "Did she then return to England with her husband?" - -Witness. "Not for another month. They went to Italy, and I went with -them." - -The Attorney-general. "Did the prisoner's attentions to his wife -undergo any marked change after her convalescence? Was he more -affectionate--more lovingly attentive?" - -Witness. "Not that I saw. All he seemed to crave for was excitement. -It was nothing but rushing here and rushing there. Every night some -theatre or entertainment to go to; every day riding about, and dining -out at different places." - -The Attorney-general. "So that there was not much of home life?" - -Witness. "None at all." - -The Attorney-general. "Was this state of things agreeable to your -mistress?" - -Witness. "I am not sure. Sometimes she suggested to her husband that -they should spend a quiet evening at home, but he always replied that -he had tickets, or had taken seats, for some place of entertainment. -When she spoke to me of the life they were leading, she used to say -how attentive her husband was to her, and how he was always looking -out for something to amuse her. But I did not regard it in that light; -I thought it was more for himself than for her that he kept up such a -round of excitement. It helped him to forget." - -The Attorney-general. "To forget what?" - -Witness. "That he was a married man." - -The Attorney-general. "During those early days were there any quarrels -between them?" - -Witness. "No, not what you can call quarrels. Sometimes she complained, -or found fault, but he seldom at that time answered her in any way to -cause a quarrel--that is, so far as he was concerned. It was different -afterwards. There were occasions during their honey-moon--if you can -call it a honey-moon--and at first when they were settled at home, when -his silence provoked my mistress, and made her madder than an open -row would have done. But the more she stormed the quieter he was, and -these scenes always ended in one way: Mr. Layton would leave the house, -and remain absent for a good many hours. Then my poor mistress would -torment herself dreadfully, and would cry her eyes out, and rave and -stamp about like a distracted creature. 'He will never come back!' she -would say. 'I have driven him from me! He will make away with himself! -What a wretch I am!' A ring at the bell or a knock at the door would -send her flying down-stairs to see if it was her husband. I was really -afraid sometimes that she would go quite out of her mind. Then, when he -came back, she would rush up to him and throw her arms round his neck, -and sob, and fall upon her knees to ask forgiveness. It was a dreadful -life to lead." - -The Attorney-general. "In what way would the prisoner receive these -tokens of penitence on the part of your mistress?" - -Witness. "In just the same way as he received her scoldings. The -one remark I heard him make to her in those days--not always in the -same words, but always to the same effect--was, 'You should have -more control over yourself.' I used to wonder that a man could be so -provoked and keep so cool. But a person may be cold outside and hot -inside." - -The Attorney-general. "Do you think that was the case with the -prisoner?" - -Witness. "Yes, I do think so." - -The Attorney-general. "Well, they came home and settled down?" - -Witness. "Yes." - -The Attorney-general. "Now about the home they occupied? Did they rent -it, or was it their own property?" - -Witness. "It was their own property. My mistress said it was purchased -partly with her own money, and that it was included in the settlements." - -The Attorney-general. "What do you mean by 'partly with her own money?' -money she had saved or inherited?" - -Witness. "No money she won upon races." - -The Attorney-general. "Was she, then, in the habit of betting?" - -Witness. "She used often to put money on a horse. She would say, 'Papa -has given me a good tip, and I am going to put twenty or thirty pounds -on. If you like, Ida, you can have half a sovereign with me.'" - -The Attorney-general. "And did you?" - -Witness. "Yes, because she wished me, and because I knew I was safe. -Mr. Beach was a very knowing man. My mistress would back a tip he -gave her at twenty-five to one. I have known her back it at fifty to -one. She would do this sometimes before the weights appeared. Then -her father would say, 'Aggie' (that is what he called her)--'Aggie, -your horse is at ten or twelve to one. I am going to hedge part of -your money for you.' As my half-sovereign was in my mistress's bet, of -course I went with her and I more often won than lost." - -The Attorney-general. "Without going minutely into the technicalities -of horse racing and betting, may we take it that the principle of the -hedging you have spoken of is wise, from a gambling point of view?" - -Witness. "Oh yes. By backing a likely horse at a long price, as my -mistress had the opportunity of doing through her father, and by laying -against it if it comes to a short price, you reduce the chances of -losing. That is good hedging." - -The Attorney-general. "Can anybody do that?" - -Witness. "Well, not exactly. Those who are behind the scenes have the -best advantage. As a rule the people who back horses are gulls. That -is why the book-makers make fortunes. They are playing at a game they -know nine out of ten who bet with them are playing at a game they don't -know. That is how it is. I have heard Mr. Beach say, 'The devil is on -our side.'" - -The Attorney-general. "Meaning on the side of the book-makers?" - -Witness. "Yes." - -The Attorney-general. "Were you fond of betting yourself?" - -Witness. "I hated it. I only did what my mistress advised me to do, to -please her." - -The Attorney-general. "To return to the house which was partly paid for -with the money your mistress won. Did the prisoner take an active part -in the selection of the furniture?" - -Witness. "He did nothing whatever. Everything was done by my mistress, -and she was disappointed because he would not go with her to the -different establishments she visited. But in the end she argued as she -always did when he was in question. He was quite right, she said; she -could not expect him to trouble himself about such things; it was a -woman's business, and, by leaving everything to her, it showed that he -believed she had good taste." - -The Attorney-general. "When they were settled in London what kind of -society did they keep?" - -Witness. "At first the same as used to come to Mr. Beach's house. Mr. -Beach brought them, but Mr. Layton was rude and uncivil to them, and -after a time they stopped away. I must say, if he was rude and uncivil -to them, they were quite as rude and uncivil to him, and if he had met -them with the temper they displayed, nothing could have prevented the -occurrence of disgraceful scenes. He behaved to them in exactly the -same way he behaved to my mistress when they disagreed. He left the -house, and did not return till they were all gone." - -The Attorney-general. "Were they in the habit of coming to the house -without receiving an invitation from its master?" - -Witness. "I believe so. My mistress would say, 'Papa is going to bring -three or four friends to dinner.' He would look at her and say nothing; -and when the dinner was served Mr. Layton would be absent. Mr. Beach -would then take the head of the table, and I have heard him, when he -was filled with champagne--he scarcely ever drank anything else but -champagne and whiskey--speak very angrily about 'the stuck-up pride of -his fine gentleman son-in-law.' The other guests were not behindhand in -abusing him." - -The Attorney-general. "Although they were eating at his table and -drinking his wine?" - -Witness. "Yes. At other times in the evening, when Mr. Layton was at -home with my mistress, Mr. Beach would make his appearance unexpectedly -with his friends but Mr. Layton would never remain in their company. -It seemed to me that Mr. Beach did these things to vex Mr. Layton, and -that it was a kind of battle between them as to who should be master." - -The Attorney-general. "A battle, however, in which the prisoner did not -take any violent part?" - -Witness. "But it ended in his being left the master of the field." - -The Attorney-general. "Explain." - -Witness. "After twelve months or so Mr. Beach's friends ceased entirely -to come to the house. Then, when Mr. Beach came, he came alone." - -The Attorney-general. "On those occasions did the prisoner remain at -home?" - -Witness. "Yes, whenever Mr. Beach was alone Mr. Layton remained in." - -The Attorney-general. "How did they pass the time?" - -Witness. "Playing billiards generally." - -The Attorney-general. "Now, in all the questions I have asked and -you have answered, there are two subjects upon which no definite -information has been forth-coming. Give your best attention to them. -Are you aware that before or at the time of the prisoner's engagement -with your mistress he had been or was engaged to another lady? Take -time. You have said that you were in the confidence of your mistress, -and that she used to speak freely to you. At any period during these -communications did she refer to another engagement?" - -Witness. "It was in this way, and I can't answer the question in any -other." - -The Attorney-general. "Answer it as best you can." - -Witness. "At one time my mistress said, 'I wonder if Mr. Layton, before -he saw me, was ever in love?' That was the way it was first introduced. -I did not know how to answer her without running the risk of hurting -her feelings, but she pressed me, and I was forced to say I thought -it very unlikely that a gentleman as good-looking as he was should -not have had his fancies. She pressed me further until I said there -were very few men of his age who had not been in love. She appeared -distressed at this, but soon brightened up, and said, 'What is that -to me so long as he is mine?' But it weighed upon her mind, as was -proved by her telling me at another time that she had asked Mr. Layton -whether he had ever been in love, and that he would not give her any -satisfaction--which, to my mind, was quite as good as his confessing -that he had been. These conversations between my mistress and me took -place in the early days, and for some time after her marriage she did -not say anything more about it. But when she was laid on a sick-bed--I -mean within a few months of her being murdered--" - -The Attorney-general. "Do not say that. It is for the jury to decide. -Say within a few months of her death." - -Witness. "Well, within a few months of her death she told me at least -half a dozen times that she had discovered he had been in love with -another lady, and that she believed he was so when he married her. She -said it was wicked and abominable, and that if she saw 'the creature' -she would kill her." - -The Attorney-general. "Supposing this to be true, your mistress never -discovered who this other lady was?" - -Witness. "Never to my knowledge." - -The Attorney-general. "As to your mistress's attachment to her husband, -did it ever, in your knowledge, grow weaker?" - -Witness. "I don't exactly know how to describe it. She loved and hated -him all at once. She was torn to pieces with love and jealousy." - -The Attorney-general. "Is that all you can tell us upon this subject?" - -Witness. "That is all." - -The Attorney-general. "I come now to the second subject. It is -concerning the prisoner's family. You have informed us that not one -was present at the wedding, and that not one recognized the union by -sending a wedding present. Now, are you aware whether he had parents, -or brothers or sisters?" - -Witness. "All that I heard was that he had a father living. But I did -not hear that till more than a year after the marriage." - -The Attorney-general. "Who told you then?" - -Witness. "My mistress. Although she confided nearly everything to me, -she kept this to herself for a long time." - -The Attorney-general. "Did not her father, Mr. Beach, speak about it?" - -Witness. "I never heard him; I had very little to do with him. I had -understood, at the time of the marriage, that Mr. Layton's father -was abroad, but I had reason to believe afterwards that this was not -so--that he was in England." - -The Attorney-general. "Did the prisoner ever speak of it?" - -Witness. "I never heard him." - -The Attorney-general. "Did the prisoner's father never come to the -house?" - -Witness. "Never." - -The Attorney-general. "Do you know whether he is alive at the present -time?" - -Witness. "I heard that he was dead. My mistress said so." - -The Attorney-general. "Did the prisoner go into mourning?" - -Witness. "He wore crape upon his hat for several weeks." - -The Attorney-general. "Now, concentrate your attention upon the day and -the night of the 25th of March. I wish you to narrate, concisely, all -that passed, within your own knowledge, concerning the prisoner and his -wife from the morning of the 25th of March until the morning of the -26th." - -Witness. "At ten o'clock in the morning of the 25th my mistress's bell -rang, and I went to her room. My instructions were, never to enter her -room in the morning until she rang for me. There were two bell-ropes, -one on each side of the bed, so that on whichever side she was lying -one of them was within reach of her hand." - -The Attorney-general. "Stop a moment. Did the prisoner and his wife -occupy one room?" - -Witness. "No." - -The Attorney-general. "For how long had this been the case?" - -Witness. "For a good many months. Ever since things began to get worse -between them." - -The Attorney-general. "Proceed. You heard your mistress's bell ring, -and you entered her room at ten o'clock." - -Witness. "She said that she had passed a very bad night, that she had -had dreadful dreams, and that she was afraid something terrible was -going to happen to her. She asked me if her husband was up, and I -told her that he had just entered the breakfast-room, that I had met -him on the stairs, and that he inquired whether she were awake, as he -wished to speak to her before he went out. My mistress said that she -also wished to speak to him, and she asked me if I knew where he was -going. Of course I did not know, and I told her so. She often asked me -questions which she must have known very well were not possible for me -to answer. I washed her, and tidied up the room, and then she desired -me to go and tell my master to come to her. I knocked at the door of -the breakfast-room three or four times, and receiving no answer, I -opened it. My master was sitting at the table, and he started up when -I entered, just as if I had aroused him from a dream. His face was -very pale, and he held a letter in his hand. I noticed that he had not -touched the breakfast. I gave him my mistress's message. He nodded, -and went to her room at once. The moment he entered my poor mistress -began to talk, but he stopped her and ordered me out. 'Keep in the next -room,' my mistress said to me--'I may want you.' I went into the next -room, and remained there quite half an hour, until my mistress's bell -rang again. My master rushed past me as I opened the door, and I saw -that my mistress was dreadfully agitated. She was sitting up in bed, -and--" - -The Attorney-general. "Stop! While you were in the adjoining room did -you hear anything?" - -Witness. "Not distinctly." - -The Attorney-general. "Do you mean by that that you could not -distinguish the words that were spoken by your master and mistress?" - -Witness. "I could not distinguish the words. I could only hear their -voices when they spoke loudly." - -The Attorney-general. "Did they speak loudly on this occasion?" - -Witness. "Very loudly." - -The Attorney-general. "In merriment?" - -Witness. "Quite the contrary. They were quarrelling." - -The Attorney-general. "That is your understanding of their voices?" - -Witness. "I could not be mistaken. Nearly the whole of the time their -voices were raised to a high pitch." - -The Attorney-general. "Which of the two voices made the stronger -impression upon you?" - -Witness. "My master's. I am certain he was threatening her, as he had -done many times during the last few months." - -The Attorney-general. "That is an improper remark for you to make. -Confine yourself strictly to the matter in hand, and to the time you -are giving evidence upon. When you entered your mistress's room she was -sitting up in bed, dreadfully agitated, and your master rushed past -you?" - -Witness. "Yes, and she called out after him, 'Never, while I am alive! -You wish I were dead, don't you, so that you may be free to marry -again? But I sha'n't die yet, unless you kill me!" - -The Attorney-general. "You are positive she made use of these words?" - -Witness. "Quite positive." - -The Attorney-general. "Did the prisoner make any reply?" - -Witness. "None; and his silence appeared to infuriate my mistress. She -cried out after him, 'You are a villain! you are a villain!'" - -The Attorney-general. "Did you see the prisoner again during the -morning?" - -Witness. "No. In a few minutes I heard the street door open and close, -and my mistress told me to run and see whether it was her husband going -out. I went to the front-room window, and saw him enter the carriage -and drive away. I returned to my mistress and informed her of it. She -was in a furious state, and if she had had the strength she would have -dressed herself and followed him; but she was too weak, unassisted, to -get out of bed." - -The Attorney-general. "Upon that point you are also positive?" - -Witness. "Quite positive." - -The Attorney-general. "Did your mistress make you acquainted with the -cause of the quarrel between her and the prisoner?" - -Witness. "She told me a good deal. She said that when she married him -it was the worst day's work she had ever done, and that he had deceived -her from first to last. All he wanted was for her to die but although -he had treated her so vilely, she had him in her power." - -The Attorney-general. "What did she mean by that? Did she explain?" - -Witness. "Not clearly. She spoke vaguely about papers and acceptances -for money which she had, and which he wanted to get hold of. 'He should -have them, every one,' she said, 'and do whatever he liked, if he would -be true to me. But he is false, he is false, and I will be revenged -upon him!'" - -The Attorney-general. "Did you acquire this knowledge all at one time?" - -Witness. "No. My mistress spoke at odd times during the day, when I -went in and out of her room." - -The Attorney-general. "Nothing else said?" - -Witness. "Nothing that I can remember." - -The Attorney-general. "Did the prisoner return to the house during the -day?" - -Witness. "No." - -The Attorney-general. "Did you leave the house during the day?" - -Witness. "No." - -The Attorney-general. "Or night?" - -Witness. "No." - -The Attorney-general. "You remained in attendance upon your mistress?" - -Witness. "Yes." - -The Attorney-general. "Did she make any inquiries about her husband?" - -Witness. "Oh yes. In the afternoon and evening she asked me a dozen -times at least whether he had come home." - -The Attorney-general. "At what time on the night of this day did you -cease attendance upon your mistress?" - -Witness. "At nine o'clock. She told me I need not come into the room -again unless she rang." - -The Attorney-general. "What then did you do?" - -Witness. "I went to my own room to do some sewing." - -The Attorney-general. "When you left your mistress's room was there a -table by her side?" - -Witness. "Yes; it was always there." - -The Attorney-general. "There were certain things upon it?" - -Witness. "Yes." - -The Attorney-general. "What things?" - -Witness. "A decanter of water, a tumbler, and a bottle of lozenges." - -The Attorney-general. "Was there a label on this bottle?" - -Witness. "Yes; it was labelled 'poison.'" - -The Attorney-general. "Were those the sleeping-lozenges your mistress -was in the habit of taking?" - -Witness. "Yes." - -The Attorney-general. "What was their color?" - -Witness. "White." - -The Attorney-general. "How many of the lozenges were in the bottle?" - -Witness. "I am not sure. Ten or a dozen, I should say." - -The Attorney-general. "Being labelled poison, it could not be mistaken -that they were dangerous to life?" - -Witness. "There could be no mistake. My mistress had told me that if -a person took three or four of them at once he would go to sleep and -never wake again." - -The Attorney-general. "Was it considered safe to leave such dangerous -narcotics within her reach?" - -Witness. "She was a very prudent woman. She was fond of life; she -dreaded the idea of death." - -The Attorney-general. "Were there any other articles on the table?" - -Witness. "Pen, ink, and paper, and a book." - -The Attorney-general. "At what time did you go to bed?" - -Witness. "I can't be quite exact as to the time, but it was about -twelve o'clock." - -The Attorney-general. "Where was your bedroom situated?" - -Witness. "On the second floor." - -The Attorney-general. "And your mistress's?" - -Witness. "On the first floor." - -The Attorney-general. "By going out of your bedroom door into the -passage and leaning over the balustrade, could you see down to the -ground-floor?" - -Witness. "Yes, pretty clearly. It was a straight view." - -The Attorney-general. "You went to bed, you say, at about twelve -o'clock. Before you retired had your master returned home?" - -Witness. "Yes. I was undressing when I heard the street door open and -close. Then I heard a carriage drive away. I stepped out of my room -softly and looked over the balustrade to make sure that it was my -master. At the moment I looked down I saw him turning off the gas in -the hall." - -The Attorney-general. "And you saw nothing more?" - -Witness. "No." - -The Attorney-general. "And heard nothing more?" - -Witness. "Yes, I heard something. I remained in the passage on the -second floor, bending over the balustrade, and it seemed to me to be a -very long time before my master made any movement. I should say five -or six minutes passed before I heard him, very, very softly, ascend -the stairs to the first floor. Perhaps I was fanciful, through being -alone so long in my own room; but the silence in the house, and then -the sound of my master coming up the stairs much more quietly than was -usual with him, made me nervous, I don't know why. I fancied all sorts -of things." - -The Attorney-general. "Never mind your fancies. Did you hear any other -footsteps besides those of your master?" - -Witness. "I am not sure. I can't say. It never entered my mind that -anybody could be with him, and yet I could not help fancying things. To -speak the truth, I was so upset that I went into my own room and locked -the door. I listened with my ear at the bedroom door, and I heard the -handle of my mistress's room being turned." - -The Attorney-general. "And then?" - -Witness. "I was already partially undressed, and I went to bed." - -The Attorney-general. "Did you sleep soundly?" - -Witness. "No. I woke up suddenly with the idea that the street door had -been opened and closed again. I lay in bed, frightened, but hearing -nothing more, presently fell asleep again." - -The Attorney-general. "There were no cries, no voices loudly raised?" - -Witness. "I heard none." - -The Attorney-general. "Did you sleep soundly after that?" - -Witness. "No. I was dozing off and waking up the whole of the night--a -hundred times, it seemed to me. How I have reproached myself since that -when I saw my master put out the gas in the hall I did not have the -courage to go down to him!" - -The Attorney-general. "At what time in the morning did you usually -rise?" - -Witness. "At half-past seven, unless my mistress required me earlier." - -The Attorney-general. "Was that the hour at which you rose on the -morning of the 26th of March?" - -Witness. "No; I rose much earlier--at six or a quarter past six I can't -say exactly to a minute, because I did not look at my watch." - -The Attorney-general. "Then, after dressing, did you go down-stairs?" - -Witness. "Yes, with a candle in my hand It was dark." - -The Attorney-general. "Any sound in the house?" - -Witness. "None." - -The Attorney-general. "Did you listen at your mistress's bedroom door?" - -Witness. "I stood there for a moment, but I heard nothing." - -The Attorney-general. "After that, what did you do?" - -Witness. "I went down to the hall." - -The Attorney-general. "To the street door?" - -Witness. "Yes." - -The Attorney-general. "On which side of the hall was the coat-rack?" - -Witness. "On the left from the house, on the right from the street." - -The Attorney-general. "Did you look at it?" - -Witness. "Yes." - -The Attorney-general. "What did you observe?" - -Witness. "That my master's ulster was hanging up in its usual place." - -The Attorney-general. "You are positive that it was in its usual place?" - -Witness. "Yes." - -The Attorney-general. "Would you recognize the ulster again?" - -Witness. "Most certainly it is a coat of a very peculiar pattern." - -The Attorney-general. "Is this it?" (Ulster produced.) - -Witness. "Yes." - -The Attorney-general. "Was the prisoner's hat hanging in its usual -place?" - -Witness. "No, it was not there." - -The Attorney-general. "Did you look at the street door?" - -Witness. "Yes." - -The Attorney-general. "Did you observe anything?" - -Witness. "Yes, something surprising." - -The Attorney-general. "What?" - -Witness. "That the chain was not up, and that it was not locked, as was -always done by my master himself when he returned home late. On other -occasions it was done by a servant. Then, I thought, it could have been -no fancy of mine that I heard the street door open and shut in the -middle of the night." - -The Attorney-general. "Proceed with an account of your movements after -the discovery." - -Witness. "I was alarmed, and I considered for a little while what I -ought to do. Then it suddenly occurred to me that the door of the -bedroom my master occupied was not quite closed when I had passed it -on my way down-stairs. I went up quietly to convince myself, and I saw -it was not shut. I touched it with my hand very gently and timidly, -and it swung open. Thinking it my duty to acquaint my master with the -circumstance of the street door chain not being up, I ventured to step -into the bedroom and to call, 'Sir!' I held the candle above my head, -and to my astonishment saw that there was no one in the room, and that -the bed had not been occupied during the night. I went boldly into the -room and convinced myself. No one was there, no one had been there. -The bed was just as it had been made on the previous day. Now really -alarmed, I hurried to my mistress's bedroom, and knocked at her door. -There was no answer. I knocked again and again, and still there was -no answer. I opened the door and entered. My mistress was lying quite -still in bed. I stepped quietly to her side and bent over. My heart -almost stopped beating as I looked at her face, there was something -so awful in it. 'Madam! madam!' I cried, softly, and I ventured to -push her by the shoulder. She made no movement; she did not speak. I -cried to her again, and pushed her again, and then a suspicion of the -horrible truth flashed upon me. I raised her in my arms, and she fell -back upon the bed. I scarcely know what happened after that. I began to -scream, and I think I became hysterical. The next thing I remember was -the servants rushing into the room and me pointing to the dead body of -my mistress." - -The Attorney-general. "Do you remember saying anything to the effect -that your master had murdered her?" - -Witness. "I should not like to swear to it; but it may have been in my -mind because of the cruel life they had led together, and because of -what had passed between them on the previous morning." - -The Attorney-general. "After a time you became calmer and more -collected?" - -Witness. "Yes." - -The Attorney-general. "Had one of the servants gone for a policeman?" - -Witness. "Yes." - -The Attorney-general. "Shortly afterwards a detective officer, Lumley -Rich, entered the room?" - -Witness. "Yes." - -The Attorney-general. "What was his first question when he had -convinced himself that your mistress was dead?" - -Witness. "He asked if anything in the room had been touched or -disturbed, and I said, 'No, nothing had been touched or disturbed.'" - -The Attorney-general. "In consequence of the officer's question upon -this point, was your attention directed to the table by the bedside?" - -Witness. "Yes." - -The Attorney-general. "Was everything upon the table as you had left it -at nine o'clock on the night before, when you ceased attendance upon -your mistress?" - -Witness. "The pen, ink, and paper were there. The decanter was there, -with very little water in it, and I was horror-struck to see that the -bottle of sleeping-lozenges was quite empty. I made a remark to that -effect to the detective. Turning to the mantle-shelf, I saw upon it the -tumbler which, when I left my mistress's room the night before, had -been on the table by her side." - -The Attorney-general. "You say that during the day of the 25th of March -your mistress spoke vaguely about papers and acceptances for money -which she held, and of which the prisoner desired to obtain possession. -Do you know anything further concerning those papers and acceptances?" - -Witness. "Nothing." - -The Attorney-general. "Do you know if any were found after your -mistress's death?" - -Witness. "I do not know." - -The Attorney-general. "You saw your master when he entered the house at -seven o'clock in the morning?" - -Witness. "Yes." - -The Attorney-general. "Was he wearing an overcoat on that occasion?" - -Witness. "No." - -The Attorney-general. "What was his appearance?" - -Witness. "Very haggard; as though he had had no sleep--as though he had -passed a dreadful night." - -The Attorney-general. "That will do." - -(In accordance with the plan of defence which the prisoner seemed to -have laid down for himself, his cross-examination of this witness was -very brief.) - -Prisoner. "You say that when you were in the room adjoining my wife's -bedroom, during my interview with her on the Morning of the 25th of -March, you heard our voices raised to a high pitch, and that of the two -voices mine made the stronger impression upon you?" - -Witness. "Yes, I did say so." - -Prisoner. "You mean, of course, by that, that I was speaking loudly and -violently?" - -Witness. "Yes, I do mean it." - -Prisoner. "Do you adhere to that statement?" - -Witness. "Yes, I adhere to it." - -Prisoner. "And to your conviction that I was threatening my wife?" - -Witness. "Yes." - -Prisoner. "As I had threatened her many times before?" - -Witness. "Yes." - -Prisoner. "You have heard me threaten her many times during the last -few months?" - -Witness. "Yes." - -Prisoner. "In as loud and violent a tone as you say I used on this -occasion?" - -Witness. "No, not so loudly and violently as on this occasion; but that -did not make it less dreadful." - -Mr. Justice Fenmore. "We do not want your opinions. Confine yourself to -the statement of facts." - -Prisoner. "Are you aware that my life is at stake?" - -Witness. "Yes." - -Prisoner. "And that the evidence you have given is almost, if not -quite, fatal against me?" - -Witness. "I do not know anything about that. I have said only what is -true." - -Prisoner. "Is it not possible that, having a prejudice against me, you -may have allowed your imagination to warp your reason?" - -Witness. "If by that you mean that I am inventing things against you, -it is not true. I have only told what I heard." - -Prisoner. "And you heard my wife, when I left the room, call after me -the words you have already given in evidence, to the effect that she -believed I wished her dead, but that she would not die yet, unless I -killed her?" - -Witness. "I heard her say so." - -Prisoner. "And that she called after me that I was a villain?" - -Witness. "I heard her say so." - -Prisoner. "In the description you have given of your movements on the -night of this fatal day, you say that, upon hearing the street door -open and close, you came out of your bedroom, and leaning over the -balustrade, looked down into the hall?" - -Witness. "Yes, that is true." - -Prisoner. "And that you saw me putting out the gas in the hall?" - -Witness. "Yes." - -Prisoner. "You are certain it was I?" - -Witness. "Yes. You had your ulster on, and as you had to stand on -tiptoe to put out the gas, your face was raised to the light, and I saw -it plainly." - -Prisoner. "You saw my face plainly?" - -Witness. "As plainly as I see it now." - -Prisoner (with a movement of impatience). "I have no further questions -to ask you." - -The Court then adjourned. - - - - -VI. - -DESCRIPTION OF THE LAST DAY'S PROCEEDINGS--EXTRACTED FROM A DAILY PAPER. - - -"The trial of Edward Layton for the murder of his wife came to a -singular and unsatisfactory termination late last night. That the -public interest in the case had reached an almost unprecedented height -was proved by the large number of persons who were unable to obtain -admission to the court. - -"On the previous evening the evidence for the prosecution had closed, -and there was a painful and eager expectancy in the minds of all -present as to the line of defence which the prisoner intended to adopt. -This line of defence--if, indeed, it can be called a defence--was as -surprising as it was brief. - -"The prisoner, addressing the judge and the jury, intimated that it -was not his intention to call witnesses on his behalf. Most of the -witnesses for the prosecution, he said, had given their evidence -fairly, and if they had committed themselves to misstatements and -discrepancies, it was more because they were either misled or -mistaken--in the case of one witness, Ida White, because she was -strangely prejudiced against him--than that they had a desire to make -the case against him even blacker than it was. It had happened before, -and would doubtless happen again, that a man found himself thrust -into such an unhappy position as he himself stood through no fault -of his own, and that he was unable to say or do anything to prove -his innocence. Sometimes it was with such a man a matter of honor, -sometimes a matter of conscience. In his own case it sprung from both -his honor and his conscience that his lips were sealed, and the utmost -he could say for himself was that he was an innocent man, with so dark -an array of evidence against him as to almost incontestably prove him -to be guilty. All that he could do was to declare most solemnly that -the accusation upon which he was being tried was false, and that he -stood before them as unstained by crime as they were themselves. What -could be said truly in his favor was that his character, and to some -extent his blameless life, were a refutation of the charge. Evidence of -character was generally called in mitigation of impending punishment. -He did not intend to call such evidence, because, by so doing, it would -be a half-admission that he stood there a guilty instead of an innocent -man. He knew perfectly well how lame and impotent these weak words must -sound in the ears of those who were sitting in judgment upon him; but -this he could not help. It was but part of the fatal web in which he was -entangled. That he and his wife had lived unhappily together was not to -be disputed; but even in this most serious crisis of his life he denied -the right arrogated by the legal profession to rip open a man's private -affairs and expose to the vulgar gaze what he desired should be hidden -from it. The last thing he would do, even if he were in ten times the -peril in which he then stood, was to drag other persons into the case, -and to allow them to be blackened and vilified as he had been. 'I can -scarcely doubt,' said the prisoner, 'what your verdict will be. Were I -in your place, I should most likely decide as you will decide; but none -the less will it be a solemn fact that though you are legally right, -you are morally wrong. I must be content to let the case rest as it has -been presented to you, and to abide the issue, though it may cost me my -life.' - -"Never in a criminal court, in the case of a man arraigned upon so -grave a charge, has there been heard a defence so weak and strange; -but it is nevertheless a fact that the prisoner's earnest and, to all -appearance, ingenuous manner produced a deep impression upon all who -heard him; and when he ceased speaking there was, in the murmurs of -astonishment that followed, an unmistakable note of sympathy. - -"After a slight pause the Attorney-general rose to sum up the case -against the prisoner, and his incisive judicial utterances soon -dispelled the impression which the prisoner's earnestness had produced. -He said that in the circumstances of the case his speech would be -briefer than it otherwise would have been. He had a duty to perform, -and he would perform it, without, he hoped, any undue severity or -harshness. Unhappily the evidence was only too clear against the -prisoner, and unhappily the prisoner had strengthened the case against -himself. This was not a matter of sentiment it was a matter of justice, -and justice must be done. With slight limitations, around which the -prisoner threw a veil of silence, contenting himself to cast suspicion -upon them by some kind of mysterious implication which no person could -understand, and not venturing to give them a distinct and indignant -denial--with slight limitations, then, the prisoner had admitted the -truthfulness of the evidence brought against him. As the prisoner had -not directly referred to these doubtful points in the evidence, he -would himself do so, and endeavor to clear away any latent doubt--if -such existed--in the minds of the jury. First, with respect to the -ulster. The prisoner did not deny that he wore this ulster on the -whole of the day his coachman, James Moorhouse, was driving him to -various places, and it was only upon his arrival home at midnight that -he endeavored to shake the coachman's evidence as to whether, when he -entered the carriage, upon leaving Prevost's Restaurant, and upon his -issuing from the carriage when the coachman drew up at his house, he -still had this ulster on. What his motive was in endeavoring to shake -the coachman's testimony upon this point it was impossible to say. He -(the learned counsel) had most carefully considered the matter, and the -only conclusion he could arrive at was that the prisoner was anxious to -instil a doubt into the minds of the jury, that it was not he who left -the restaurant at ten minutes to twelve and entered his carriage, and -that it was not he who alighted from the carriage and opened his street -door. But supposing, for instance, that this argument had a foundation -in fact, was it not easy for the prisoner to prove what he had done -with himself between ten minutes to twelve on the night of the 25th of -March and seven o'clock on the morning of the 26th? Surely some person -or persons must have seen him, and had he produced those persons there -would have been a reasonable _alibi_ set up, which it would be the duty -of every one engaged in this case seriously to consider. Indeed, he -would go so far as to say that, admitting such evidence to be brought -forward and established, there could not be found a jury who would -convict the prisoner of the charge brought against him. It would then -have been proved that the prisoner had not seen his wife from eleven -o'clock on the morning of the 25th of March until seven o'clock on -the morning of the 26th, and as it was during the night of those days -that the unhappy lady met her death, it would have been impossible to -bring the prisoner in guilty. But, easy as this evidence must have -been to produce, there is not only no attempt to produce it, but in -his lamentably impotent speech the prisoner does not even refer to -it. In his mind, then, and in the minds of all reasonable men, there -could not be a doubt that this was the case of one who, in despair, -was catching at a straw to save himself. The learned counsel touched -briefly but incisively upon every point in the evidence concerning -which the prisoner had maintained silence, and had made no endeavor to -confute. For instance, there was the lady whom he had met in Bloomsbury -Square, whom he took to Prevost's Restaurant, whom he regaled with a -supper which neither he nor she touched--a distinct proof that they -were otherwise momentously occupied. The evidence with respect to -this lady is irrefragable. She was no shadow, no myth, no creation -of the imagination; she was a veritable being of flesh and blood. -All the efforts of the prosecution had failed to trace her, and the -just deduction was that she was somewhere in biding, afraid to come -forward lest she should be incriminated and placed side by side with -the prisoner in the dock. The prisoner did not deny her existence, nor -that she and he were for several hours in company with each other. -Were he innocent, what possible doubt could exist that he would bring -her forward to establish his innocence? Were both innocent, would not -she of her own accord step forward to prove it? The prisoner, in his -address, made certain allusions to honor and conscience, by which he -would make it appear that he was guided by his honor and his conscience -in the singular method of his defence; and it may be that there existed -in him some mistaken sense of chivalry which induced him to do all -in his power to screen the partner in his crime. It would have been -better for him had he brought his honor and his conscience to bear -in the unhappy engagement into which he entered with the unfortunate -lady who afterwards became his wife; but it had been amply proved that -the marriage was not, on his side at least, a marriage of affection. -Distinctly he married her for her money, and distinctly he would be -a great gainer by her death. Thus, then, there existed a motive, and -not a novel one--for the tragedy has been played many times in the -history of crime--for his getting rid of her. He (the counsel for the -prosecution) did not wish to press hardly upon the prisoner, who was -a man of culture and education, and must feel keenly the position in -which he stood, whatever might be his outward demeanor. But it devolved -upon him to impress upon the jury not to allow any false sentiment to -cause them to swerve from the straight path of duty. They must decide -by the evidence which had been presented to them, and it was with a -feeling the reverse of satisfactory that he pointed out to them that -this evidence could lead to but one result. - -"The summing up of the learned judge (which, with the -Attorney-general's speech, will be found fully reported in other -columns) was a masterly analysis of the evidence which had been -adduced. He impressed upon the jury the necessity of calm deliberation, -and of absolute conviction before they pronounced their verdict. -Circumstantial evidence was, of all evidence, the most perplexing and -dangerous. It had, in some rare instances, erred but these exceptions -were, happily, few and far between. It had, on the other hand, led to -the detection of great criminals, and without its aid many heinous -aggressors against the law would slip through the hands of justice. -He dismissed the jury to their duty, and he prayed that wisdom might -attend their deliberations. - -"At half-past three o'clock the jury retired, and it was the general -impression that the case would be ended within the hour. The prisoner -sat in the dock, shading his eyes with his hand. Not once did he look -up to the court. He seemed to be preparing himself for his impending -fate. But four o'clock, five o'clock, six o'clock passed, and the -suspense grew painful. It was clear that there was not that agreement -between the jury which all in court, including even the prisoner, had -expected. At twenty minutes past six the foreman of the jury entered -the court, and informed the judge that there was no chance of the jury -agreeing upon a verdict. - -"The Judge. 'Is there any point of law upon which you desire -information?' - -"The Foreman of the Jury. 'None, my lord.' - -"The Judge. 'Is there any discrepancy in the evidence which the jury -wish cleared?' - -"The Foreman of the Jury. 'No, my lord. It is simply that we cannot -agree.' - -"The learned judge then intimated that, after so long and patient a -trial, he could not lightly dismiss the jury from their duties, and he -bade the foreman again retire to a further consideration of the case. -The court, he said, would sit late to receive the verdict. - -"Seven o'clock, eight o'clock, nine o'clock passed, and then the -learned judge sent for the foreman of the jury, and inquired whether -any progress had been made towards an agreement. - -"The Foreman of the Jury. 'None, my lord. There is no possible chance -of the jury agreeing upon a verdict.' - -"It was remarked that no person in court appeared to be more surprised -than the prisoner, and when the jury were called in and dismissed by -the judge from their duties, Edward Layton, before he was removed -from the dock by the jailers, leaned eagerly forward to scan their -countenances. - -"Nothing further transpired, and this unexpected chapter in the Layton -mystery was closed." - - - - - -PART THE SECOND. - - - - -THE CABLE MESSAGE FROM AMERICA. - - -At ten o'clock on the night following this exciting day, Mr. -Bainbridge, Q.C., and his friend, Dr. Daincourt, were chatting together -in the dining-room of the lawyer's house. They had met by appointment, -and were now conversing over the strange incidents of the Layton trial. - -"Its termination," said Dr. Daincourt, "is in harmony with the whole of -the proceedings. I am afraid, when Layton is put again upon his trial, -that there will be no further disagreement on the part of the jury, and -that his conviction is certain." - -"With the evidence as it stands at present," said Mr. Bainbridge, -thoughtfully, "you are right in your conclusion. But there is here -a mystery to be brought to light which, discovered, may lead to a -different result. Almost unfathomable as this mystery now appears -to be, its unravelment may, after all, depend upon a very slender -thread. Fortunately, Layton's second trial cannot take place for a -month. Before that month expires I hope to be able to lay my hand upon -evidence which will prove him innocent of the charge." - -"To judge from his attitude," said Dr. Daincourt, "he is indifferent as -to the result." - -"You are mistaken," said the lawyer; "it is only that he will not owe -his release to certain means which I believe it to be in his power -to disclose. Has it not occurred to you that he has been anxious all -through to keep something in the background?" - -"Yes," replied Dr. Daincourt, "that has been my impression; but it -might be something which would more firmly fix his guilt. Is it your -intention to follow up the case?" - -"To the last link in the chain." - -"The chain, if there be one, is safely hidden, and I cannot for the -life of me see a single link." - -Mr. Bainbridge, leaning back in his chair, did not reply for a few -moments, and then he said, - -"I have two links to commence with. One of these is shadowy; the -other is certain and tangible." And then, with the air of a man whose -thoughts were engaged upon an important subject, he exclaimed, "If I -could only discover its meaning!" - -"The meaning of what?" - -The lawyer took a pack of cards from a drawer and selected a card, -which he handed to Dr. Daincourt. - -"The Nine of Hearts," said the doctor. - -"The card," said the lawyer, "that was found in the pocket of Layton's -ulster." - -"Is this your tangible link?" asked Dr. Daincourt, turning the card -over in his hand. - -"It is my tangible link," replied the lawyer. - -Dr. Daincourt shrugged his shoulders. "You are adding mystery to -mystery." - -"I think not," said the lawyer. "You were not in the court when the -Nine of Hearts was produced." - -"No." - -"That and the latch-key of Layton's street door were the only articles -found in the pockets of the ulster. When the evidence relating to these -articles was being given, I closely observed Layton's face. I knew, but -he did not, that these two articles were all that were discovered in -the pockets of the incriminating coat. When the latch-key was held up -he smiled faintly; he was not surprised. But when the Nine of Hearts -was produced there flashed into his eyes a startled look--a look of -bewilderment and astonishment; indeed, there was something of horror in -his face. I needed no further sign to make me positive that he had no -previous knowledge of the card, and that it was the first time he had -seen it." - -"Something of horror, you say." - -"It was my impression, and I cannot account for it. Not so with his -bewilderment and astonishment. To my mind they are easily explained." - -"He asked no questions concerning the card?" remarked Dr. Daincourt. - -"He asked no questions," said the lawyer, somewhat irritably, -"concerning a hundred matters upon which the witnesses should have been -hardly pressed. Can you not see that this accentuates my conviction -that the Nine of Hearts is a link in the chain?" - -"Yes, supposing you had not already arrived at a false conclusion with -respect to poor Layton's knowledge of the possession of the card." - -"I will stake my life and reputation," said the lawyer, earnestly, -"upon the correctness of my conclusion. I will stake my life and -reputation that, until that moment, Edward Layton did not know that the -card was in his pocket." - -"Then somebody must have placed it there." - -"As you say, somebody must have placed it there." - -"But in the name of all that is reasonable," exclaimed Dr. Daincourt, -"what possible connection can you trace between a playing-card, -whether it be the ace of clubs, or the king of spades, or the nine of -hearts--it matters not which--what possible connection can you find -between _any_ playing-card and the awful charge brought against Layton?" - -"That," said the lawyer, drumming upon the table with his fingers, "is -what I have to discover. You do not know, doctor, upon what slight -threads the most important issues hang." - -"I think I do," said Dr. Daincourt, with a smile. - -"I do not refer to the general issues of human life," said the lawyer, -in explanation; "I refer to legal matters, especially to criminal cases -the solution of which rests upon circumstantial evidence. Circumstances -the most remote, and apparently absolutely worthless and trivial, have -been woven by a legal mind into a strand strong and firm enough to drag -a prisoner out of the very jaws of death." - -"And this Nine of Hearts is one of those slender threads?" said Dr. -Daincourt, in a tone of incredulous inquiry. - -"Very likely. You may depend I shall not lose sight of it." - -"You spoke of two links," said Dr. Daincourt, "and you have shown me -that which you believe to be a tangible one. What is the link which you -say is shadowy and less dependable?" - -"I will explain. The jury were discharged, being unable to agree upon -their verdict. It may leak out through the press by-and-by--pretty -much everything _does_ leak out through the press nowadays--but it -is not known at present to the public how many of the jury were for -pronouncing the prisoner guilty, and how many for pronouncing him -innocent." - -"I have heard rumors," said Dr. Daincourt. - -"I," said the lawyer, "have positive information. Eleven of them -declared him guilty, one only held out that he was innocent. Arguments, -persuasions, logical inferences and deductions, the recapitulation of -the evidence against him--all were of no avail in this one juryman's -eyes. He would _not_ be convinced; he would _not_ yield. He had made up -his mind that the prisoner was innocent, and that he, at least, would -not be instrumental in sending him from the dock a felon." - -"I can see nothing in that," said Dr. Daincourt. - -"There are," continued the lawyer, "in civil and criminal records, -instances of a like nature, some of which have been privately sifted, -with strange results, after the cases have been finally settled. I -recollect one case which may bear upon this of Layton's. I do not say -it does, but it may. It occurred many years ago, and the jury were -locked up a barbarous length of time without being able to come to -an agreement. There was no possible doubt, circumstantially, of the -prisoner's guilt; the evidence was conclusive enough to convict twenty -men. One person, however, would not give in, and that person was on -the jury. The prisoner was tried again, and unhesitatingly acquitted. -During the time that had elapsed between the first and second trials -additional evidence was found which proved the prisoner to be innocent. -The juryman who held out on the first trial happened to have been some -years before a friend of the prisoner, a fact, of course, which was not -known when the jury were empanelled. After the result of the second -trial he publicly declared that he had been guided by his feelings and -not by the evidence." - -"And you think that something of the sort may have happened in this -case?" - -"Had you been on the jury, what would have been your verdict?" - -"Guilty." - -"Had _I_ been on the jury, what would have been _my_ verdict? Despite -my firm conviction that Layton is an innocent man, I should have -brought him in guilty. It was not my opinion I had to be guided by, it -was the evidence and the evidence in Layton's case, as it was presented -to the court and appears in the papers, indisputably proclaims him to -be a guilty man. Again, when the verdict was pronounced I watched his -face; again I saw there a startled look of wonder and astonishment; to -his own mind the evidence against him was conclusive. Then it was that -I observed him for the first time gaze upon the jury with some kind -of interest and attention. Not once during the trial had he looked at -them in any but a casual way, and I should not be surprised to learn -that he was ignorant of their names. This is most unusual. Ordinarily -a prisoner pays great attention to the jury upon whose verdict his -fate hangs. He gazes upon them with deepest anxiety, he notes every -change in their countenances, is despondent when he believes it to be -against him, is hopeful when he 'believes it to be in his favor. Not -so with Layton. When the jury were empanelled, and their names called -over, he paid not the slightest attention to them he did not turn his -eyes towards them; he might have been both deaf and blind for all the -interest he evinced." - -"Perhaps you are not aware," said the doctor, "that he is very -short-sighted, and that without his glasses it would have been -impossible for him to distinguish their features." - -"I am quite aware of it," said the lawyer "but he had his glasses -hanging round his neck, and it is remarkable that not once during the -trial did he put them to his eyes. I have here," and the lawyer tapped -his pocket-book, "a list of the names, social standing, and businesses -or professions of the jurymen engaged on this Layton mystery. As -regards only one of them is my information incomplete. I know their -ages, whether they are married or single, whether they have families, -etc. I know something more--I know the name of the one man who would -not subscribe to the verdict of guilty which the other eleven, almost -without leaving the box, were ready to pronounce. Curiously enough, -this dissentient is the person respecting whom I have not yet complete -particulars. I am acquainted with his name, but have not been supplied -with his address. I shall, however, obtain it easily, if I require it." - -"What is his name?" asked Dr. Daincourt. - -"James Rutland," replied the lawyer. - -At this moment there was a knock at the door, and a man-servant made -his appearance. - -"A telegraph lad, sir," said the servant, "has brought this message, -and is waiting to know whether it is correct, and whether there is -any answer. He says he has been to your rooms in the Temple, and was -directed on here to your private address, the instructions being -that the message was to be delivered immediately, either at your -professional or private residence." - -Mr. Bainbridge opened the telegram and read it. It was unusually -lengthy, and from the expression of his face appeared to cause him -great surprise. - -"Let the lad wait in the hall," he said to his servant, "and you come -up the moment I ring." - -"Very well, sir," said the servant, and he left the room, closing the -door softly behind him. - -"I have been taking a leaf out of your book," said Dr. Daincourt. -"You seem to learn so much from observing the faces of people, that I -have been rude enough to watch your face while you were perusing the -telegram." - -"What have you learned?" asked the lawyer. - -"Nothing," replied Dr. Daincourt, smiling, "except that it appears -almost as long as a letter, and that it has caused you surprise." - -"It has caused me something more than that--it has absolutely startled -me." - -"You must forgive my rudeness. I spoke lightly, not seriously. If you -have anything particular to attend to, don't mind me I will go." - -"No," said the lawyer, "I want you, and I think you will be as startled -as I am myself. This is a cable message from Pittsburg, America, and, -as you judged, it is more like a letter than a telegram. See, it covers -three sides of paper I will read it to you: - -"'_From Archibald Laing, Box_ 1236, _P. 0., Pittsburg, U. S., to Mr. -Bainbridge, Q. C., London_. - -"'Reports of the result of Edward Layton's trial for the murder of his -wife have been cabled here and published in the papers. There will, of -course, be a new trial. If at or before that new trial you establish -Layton's innocence, I hold myself accountable to you for a fee of -twenty-five thousand dollars. If you will employ yourself to that end, -I have cabled to Messrs. Morgan & Co., bankers, Threadneedle Street, -to pay upon your demand the sum of ten thousand dollars, five thousand -dollars of which are your retaining fee, the other five thousand being -an instalment towards any preliminary expenses you may incur. This sum -of ten thousand dollars is independent of the twenty-five thousand -mentioned above, and of course your own professional bill of costs will -be paid in addition. Messrs. Morgan & Co. are empowered to advance -you any further sums that may be necessary for your investigations. -Set every engine afoot to obtain the acquittal of Edward Layton spare -no expense. If a million dollars is necessary, it is at your command. -Send to me by every mail full and detailed accounts of your movements -and proceedings; omit nothing, and make your own charge for this and -for everything else you perform in the task I ask you as a favor to -undertake. Your reply immediately by cable will oblige, and, up to one -hundred words, is prepaid. I do not wish Edward Layton to know that I -have requested your mediation on his behalf. It is a matter entirely -and confidentially between you and me. I write to you by the outgoing -mail. Perhaps you may obtain some useful information from a Mr. James -Rutland I cannot furnish you with the gentleman's address, but Edward -Layton and he were once friends.'" - - -Dr. Daincourt drew a deep breath. - -"Startling indeed," he said. "This Archibald Laing must be the man of -whom we have heard as making an immense fortune by speculating at the -right moment in the silver-mines. If so, he is good for millions. Do -you know anything of him?" - -"Not personally," replied the lawyer; "only from report and hearsay. -He is an Englishman, and must be an amazingly shrewd fellow; and that -he is in earnest is partly proved by this cable, in which no words are -spared to make his meaning clear." - -While he was speaking to his friend, the lawyer was busily engaged -writing upon a blank telegraph form, which was enclosed in the envelope -delivered by the messenger. - -"What will you do in the matter?" asked Dr. Daincourt. - -"Here is my reply," said the lawyer, and he read it aloud: - - -"_From Mr. Bainbridge, Q.C., Harley Street, London, to Archibald Laing, -Box_ 1236, _P. 0., Pittsburg, U. S_. - -"'Your cable received. I undertake the commission, and will use every -effort to establish Layton's innocence, in which I firmly believe. -There is a mystery in the matter, and I will do my best to get at the -heart of it. I will write to you as you desire.'" - - -He touched the bell and the servant appeared. - -"Give this to the telegraph boy," he said, "and pay his cab fare to the -telegraph office, in order that there shall be no delay." - -When the servant had departed, the lawyer rose from his chair and paced -the room slowly in deep thought, and it was during the intervals in his -reflections that the conversation between him and Dr. Daincourt was -carried on. - -"Is it not very strange," said the lawyer, "that I am advised in this -cable message to seek information from the one juryman who pronounced -Layton innocent, and whose address I have not obtained?" - -"Yes, it is, indeed," replied Dr. Daincourt, "very strange." - -"Of course I shall find him; there will not be the least difficulty -in that respect. Tell me, doctor. It was proved at the trial that -Mrs. Layton's death was caused by an overdose of morphia, taken in -the form of effervescing lozenges. It was established that she was -occasionally in the habit of taking one of these lozenges at night to -produce sleep, and her maid swore that her mistress never took more -than one, being aware of the danger of an overdose. The usual mode of -administering these noxious opiates is by placing one in the mouth -and allowing it to dissolve; but they will dissolve in water, and the -medical evidence proved that at least eight or ten of the poisonous -lozenges must have been administered in this way, in one dose, to the -unfortunate lady. The glass from which the liquid was drunk was round, -not by her bedside, but on the mantle-shelf, which is at some distance -from the bed. It is a natural inference, if the unfortunate woman had -administered the dose to herself, that the glass would have been found -on the table by her bedside. It was not so found, and the maid declares -that her mistress was too weak to get out of bed and return to it -unaided. These facts, if they be facts, circumstantially prove that the -cause of death lay outside the actions of the invalid herself. The maid -states that when she left her mistress the bottle containing about a -dozen lozenges was on the table by her mistress's bedside, and also a -glass, and a decanter of water; and that when she visited her mistress -at between six and seven o'clock in the morning there were no lozenges -left in the bottle, and the glass from which they were supposed to be -taken, dissolved in water, was on the mantle-shelf. Now, in my view, -this circumstance is in favor of the prisoner." - -"I cannot see that," observed Dr. Daincourt. - -"Yet it is very simple," said the lawyer. "Let us suppose, in -illustration, that I am this lady's husband. For reasons into which it -is not necessary here to enter, I resolve to make away with my wife -by administering to her an overdose of these poisonous narcotics, -and naturally I resolve that her death shall be accomplished in such -a manner as to avert, to some reasonable extent, suspicion from -myself. I go into her bedroom at midnight. Our relations, as has been -proved, are not of the most amiable kind. We are not in love with each -other--quite the reverse--and have been living, from the first day of -our marriage, an unhappy life. Indeed, my unhappy life, in relation -to the lady, commenced when I was engaged to her. Well, I go into her -room at midnight, resolved to bring about her death. She complains -that she cannot sleep, and she asks me to give her a morphia lozenge -from the bottle. I suggest that it may more readily produce sleep -if, instead of allowing it to dissolve slowly in her mouth, she will -drink it off at once, dissolved in water. She consents. I take from -the table the bottle, the decanter of water, and the glass I empty -secretly into the glass the eight or ten or dozen lozenges which the -bottle contains; I pour the water from the decanter into the glass, -and I tell my wife to drink it off immediately. She does so, and sinks -into slumber, overpowered by a sleep from which she will never awake. -Perhaps she struggles against the effects of the terrible dose I have -administered to her, but her struggles are vain. She lies before me -in sure approaching death, and both she and I have escaped from the -life which has been a continual source of misery to us. The deed being -accomplished, what do I, the murderer, do? There are no evidences of -a struggle; there have been no cries to alarm the house; what has -been accomplished has been well and skilfully accomplished, and I am -the only actual living witness against myself. What then, I repeat, -is my course of action? Before I killed her I removed the bottle, the -glass, and the decanter from the table by the bedside. I wish it to -be understood that she herself, in a fit of delirium, caused her own -death. This theory would be utterly destroyed if I allowed the glass -from which the poison was taken to be found at some distance from the -unfortunate lady's bedside. Very carefully, therefore, I place not only -that, but the decanter which contained the water, and the bottle which -contained the lozenges, within reach of her living hand. To omit that -precaution would be suicidal, and, to my mind, absolutely untenable -in rational action under such circumstances. Do you see, now, why the -circumstance of the glass being found on the mantle-shelf is a proof of -my innocence?" - -"Yes," replied Dr. Daincourt, "I recognize the strength of your -theory--unless, indeed, you had in your mind the idea that it would be -better to throw suspicion upon a third person; say, for the sake of -argument, upon the maid." - -"That view," said the lawyer, "demolishes itself, for what _I_ would -naturally do to divert suspicion from myself, a third person would -naturally do to avert suspicion from him or herself." - -"True," said Dr. Daincourt; "you seize vital points more readily than -I. Have you any theory about the strange lady who accompanied Layton -home from Prevost's Restaurant?" - -"I have a theory upon the point," replied the lawyer, "which, however, -at present is so vague and unsatisfactory that it would be folly to -disclose it." - -"And the Nine of Hearts," said Dr. Daincourt, "you have not mentioned -that lately--have you forgotten it?" - -"No," said the lawyer, "it is my firm opinion that round that Nine of -Hearts the whole of the mystery revolves." - - - - -PART THE THIRD. - -THE MYSTERY OF THE NINE OF HEARTS. - - -"_From Mr. Bainbridge, Q. C., to Archibald Laing, Esq_. - -"Dear Sir,--Last night I received your cable from Pittsburg, and sent -you a message in reply, accepting the commission with which you have -been pleased to intrust me. This morning I called upon Messrs. Morgan -& Co., Bankers, Threadneedle Street, and learned from them that they -were prepared to advance me the ten thousand dollars of which you -advised me. I drew upon them for that amount, and received from them -a notification that they would honor my further drafts upon them the -moment they were drawn. I asked them whether, in the event of my -desiring to draw say five thousand pounds, I was at liberty to do so. -They said yes, for even a larger amount if I required it. I did not -explain to them the reason of my asking the question, but I will do so -to you. It has happened, in difficult cases, that information has had -to be purchased, and that a bribe more or less tempting has had to be -held out to some person or persons to unlock their tongues. I have no -reason to suppose that anything of the sort will be necessary in this -case, but I wish to feel myself perfectly free in the matter. I am -satisfied with your bankers' replies, and I shall spare neither money -nor exertion in the endeavor to unravel the mystery which surrounds the -death of Mrs. Edward Layton. - -"It is scarcely possible you can be aware of it, but it is nevertheless -a fact that, apart from my professional position in this matter, I take -in it an interest which is purely personal, and that my sympathies are -in unison with your own. Were it not that I have had some knowledge -of Mr. Layton, and that I esteem him, and were it not that I firmly -believe in his innocence, I should, perhaps, have hesitated to engage -myself in his case, and you will excuse my saying that your liberal -views upon the subject of funds might have failed to impress me. It -is, therefore, a matter of congratulation that I enlist myself on Mr. -Layton's side as much upon personal as upon professional grounds. The -time has been too short for anything yet to be done, but it will be a -satisfaction to you to learn that I have a slight clew to work upon. -It is very slight, very frail, but it may lead to something important. -Your desire for a full and complete recital of my movements shall be -complied with, and I propose, to this end, and for the purpose of -coherence and explicitness, to forward the particulars to you from -time to time, not in the form of letters, but in narrative shape. -This mode of giving you information will keep me more strictly to the -subject-matter, and will be the means of avoiding digression. After -the receipt, therefore, of this letter, what I have to say will go -forth under numbered headings, not in my own writing, but in that of a -short-hand reporter, whom I shall specially employ. I could not myself -undertake such a detailed and circumstantial account as I understand -it is your desire to obtain. Besides, it will save time, which may be -of great value in the elucidation of this mystery. - - "I am, dear sir, faithfully yours, - - "HORACE BAINBRIDGE." - - - -I. - -What struck me particularly in your cable message was that portion of -it in which you made reference to a Mr. James Rutland. It happens, -singularly enough, that this Mr. James Rutland was on the jury, and -that he was the one juryman who held out in Mr. Layton's favor, and -through whose unconquerable determination not to bring him in guilty -has arisen the necessity for a new trial. Eleven of the jury were for a -conviction, one only for an acquittal--this one, Mr. Rutland. - -The first thing to ascertain was his address, which you could not give -me. However, we have engines at our hand whereby such small matters are -easily arrived at, and on the evening of the day after the arrival of -your cable message I was put in possession of the fact that Mr. Rutland -lives in Wimpole Street. I drove there immediately, and sent up my card. - -"I have called upon you, Mr. Rutland," I said, "with respect to Mr. -Edward Layton's case, in the hope that you may be able to give me some -information by which he may be benefited." - -Mr. Rutland is a gentleman of about sixty years of age. He has a -benevolent face, and I judged him, and I think judged him correctly, to -be a man of a kindly nature. Looking upon him, there was no indication -in his appearance of a dogged disposition, and I lost sight for a -moment of the invincible tenacity with which he had adhered to his -opinion when he was engaged upon the trial with his fellow-jurymen. -However, his conduct during this interview brought it to my mind. - -"It is a thousand pities," he said, in response to my opening words, -"that Mr. Layton refused to accept professional assistance and advice. -I was not the only one upon the jury who failed to understand his -reason for so doing." - -"It is indeed," I observed, "inexplicable, and I am in hopes that -you may be able to throw some light upon it. I have come to you for -assistance." - -"I can give you no information," was his reply; "I cannot assist you." - -"May I speak to you in confidence?" I asked. - -"Yes," he said, "although I have nothing to tell. To any but a -gentleman of position I should refuse to enter into conversation upon -this lamentable affair; and, indeed, it will be useless for us to -converse upon it. As I have already said, I have nothing to tell you." - -This iteration of having nothing to say and nothing to tell was to me -suspicions, not so much from the words in which the determination was -conveyed as from the tone in which they were spoken. It was flurried, -anxious, uneasy; a plain indication that Mr. James Rutland could say -something if he chose. - -"Speaking in confidence," I said, taking no outward notice of his -evident reluctance to assist me, "I think I am right in my conjecture -that you believe in Mr. Layton's innocence." - -"I decline to say anything upon the matter," was his rejoinder to this -remark. - -"We live in an age of publicity," I observed, without irritation; "it -is difficult to keep even one's private affairs to one's self. What -used to be hidden from public gaze and knowledge is now exposed and -freely discussed by strangers. You are doubtless aware that it is known -that there were eleven of the jury who pronounced Mr. Layton guilty, -and only one who pronounced him innocent." - -"I was not," he said, "and am not aware that it is known." - -"It is nevertheless a fact," I said, "and it is also known that you, -Mr. Rutland, are the juryman who held out in Mr. Layton's favor." - -"These matters should not be revealed," he muttered. - -"Perhaps not," I said, "but we must go with the age in which we live. -Mr. Layton's case has excited the greatest interest. The singular -methods he adopted during so momentous a crisis in his life, and the -unusual termination of the judicial inquiry, have intensified that -interest, and I have not the slightest doubt that there will be a great -deal said and written upon the subject." - -"Which should not be said and written," muttered Mr. Rutland. - -"Neither have I the slightest doubt," I continued, "that your name will -be freely used, and your motives for not waiving your opinion when -eleven men were against you freely discussed. We are speaking here, if -you will allow me to say so, as friends of the unfortunate man, and I -have no hesitation in declaring to you that I myself believe in his -innocence." - -He interrupted me. - -"Then, if you had been on the jury, you would not have yielded to the -opinions of eleven, or of eleven hundred men?" - -He spoke eagerly, and I saw that it would be a satisfaction to him to -obtain support in his view of the case. - -"I am not so sure," I said "our private opinion of a man when he is -placed before his country charged with a crime has nothing whatever to -do with the evidence brought against him. Let us suppose, for instance, -that you have been at some time or other, under more fortunate -circumstances, acquainted with Mr. Layton." - -"Who asserts that?" he cried, much disturbed. - -"No person that I am aware of," I replied. "I am merely putting a -case, and I will prove to you presently that I have a reason for doing -so. Say, I repeat, that under more fortunate circumstances you were -acquainted with Mr. Layton, and that you had grown to esteem him. What -has that purely personal view to do with your functions as a juryman?" - -"Mr. Bainbridge," he said, "I do not wish to be discourteous, but I -cannot continue this conversation." - -"Nay," I urged, "a gentleman's life and honor are at stake, and I am -endeavoring to befriend him. I am not the only one who is interested in -him. There are others, thousands of miles away across the seas, who are -desirous and anxious to make a sacrifice, if by that sacrifice they can -clear the honor of a friend. See, Mr. Rutland, I will place implicit -confidence in you. Last night I received a cable from America, from Mr. -Archibald Laing." - -"Mr. Archibald Laing!" he cried, taken by surprise. "Why, he and Mr. -Layton were--" - -But he suddenly stopped, as though fearful of committing himself. - -"Were once friends," I said, finishing the sentence for him, and, I was -certain, finishing it aright. "Yes, I should certainly say so. Read the -cable I received." And I handed it to him. - -At first he seemed as if he were disinclined, but he could not master -his curiosity, and after a slight hesitation he read the message but he -handed it back to me without remark. - -"Mr. Archibald Laing," I said, "as I dare say you have heard or read, -is one of fortune's favorites. He left this country three or four years -ago, and settled in America--where, I believe, he has taken out letters -of naturalization--and plunged into speculation which has made him a -millionaire. No further evidence than his cable message is needed to -prove that he is a man of vast means. Why does he ask me to apply to -you for information concerning Mr. Layton which I may probably turn to -that unhappy gentleman's advantage?" - -"I was but slightly acquainted with Mr. Laing," said Mr. Rutland. "He -and I were never friends. I repeat once more that I have nothing to -tell you." - -I recognized then that I was in the presence of a man who, whether -rightly or wrongly, was not to be moved from any decision at which he -had arrived, and I understood thoroughly the impossible task set before -eleven jurymen to win him over to their convictions. - -"Can I urge nothing," I said, "to induce you to speak freely to me - -"Nothing," he replied. - -I spent quite another quarter of an hour endeavoring to prevail upon -him, but in the result I left his house no wiser than I had entered it, -except that I was convinced he knew something which he was doggedly -concealing from me. I did not think it was anything of very great -importance, but it might at least be a clew that I could work upon, and -I was both discouraged and annoyed by his determined attitude. - -On the following morning, having paved the way to further access to -Mr. Edward Layton, I visited the unhappy man in his prison. He was -unaffectedly glad to see me, and he took the opportunity of expressing -his cordial thanks for the friendliness I had evinced towards him. -I felt it necessary to be on my guard with him, and I did not, thus -early, make any endeavor to prevail upon him to accept me as his -counsel in the new trial which awaited him. There were one or two -points upon which I wished to assure myself, and I approached them -gradually and cautiously. - -"Are you aware," I said, "of the extent of the disagreement among the -jury?" - -"Well," he replied, "we hear something even within these stone walls. I -am told that eleven were against me and one for me." - -"Yes," I said, "that is so." - -"A bad lookout for me when I am tried again. Mr. Bainbridge," he said, -"it is very kind of you to visit me here, and I think you do so with -friendly intent." - -"Indeed," I said, "it _is_ with friendly intent." - -"Is it of any use," he then said, "for me to declare to you that I am -innocent of the horrible charge brought against me?" - -"I don't know," I said, "whether it is of any use or not, because of -the stand you have taken, and seem determined to take." - -"Yes," he said, "upon my next trial I shall defend myself, as I did on -my last. I will accept no legal assistance whatever. Still, as a matter -of interest and curiosity--looking upon myself as if I were somebody -else--tell me frankly your own opinion." - -"Frankly and honestly," I replied, "I believe you to be an innocent -man." - -"Thank you," he said, and I saw the tears rising in his eyes. - -"Do you happen," I said, presently, "to know the name of the juryman -who was in your favor?" - -"No," he replied, "I am quite ignorant of the names of the jurymen." - -"But they were called over before the trial commenced." - -"Yes, that is the usual course, I believe, but I did not hear their -names. Indeed, I paid no heed to them. Of what interest would they -have been to me? Twelve strangers were twelve strangers; one was no -different from the other." - -"They were all strangers to you?" I asked, assuming a purposed -carelessness of tone. - -"Yes, every one of them." - -"And you to them?" - -"I suppose so. How could it have been otherwise?" - -"But when they finally came back into court, and the foreman of the -jury stated that they could not agree, you seemed surprised." - -"Were you watching me?" he asked, suspiciously. - -"Do you not think it natural," I said, in reply, "that every person's -eyes at that moment should be turned upon you?" - -"Of course," he said, recovering himself--"quite natural. I should have -done the same myself had I been in a better place than the dock. Well, -I _was_ surprised; I fully anticipated a verdict of guilty." - -"And," I continued, "although you may not remember it, you leaned -forward and gazed at the jury with an appearance of eagerness." - -"I remember that I did so," he said; "it was an impulsive movement on -my part." - -"Did you recognize any among them whose face was familiar to you?" - -"No; to tell you the truth, I could not distinguish their faces, I am -so short-sighted." - -"But you had your glasses hanging round your neck. Why did you not use -them?" - -It amazed me to hear him laugh at this question. It was a gentle, -kindly laugh, but none the less was I astonished at it. - -"You lawyers are so sharp," he said, "that there is scarcely hiding -anything from you. Be careful what questions you ask me, or I shall be -compelled"--and here his voice grew sad--"to beg of you not to come -again." - -I held myself well within control, although his admonition startled me, -for I had it in my mind to ask him something concerning the surprise -he had evinced when the Nine of Hearts was produced from the pocket -of his ulster; and I had it also in my mind to ask him whether he was -acquainted, either directly or indirectly, with Mr. James Rutland. His -caution made me cautious; his wariness made me wary; I seemed to be -pitted against him in a friendly contest in which I was engaged in his -interests and he was engaged against them. - -"I will be careful," I said; "you must not close your door against -me, although it is, unhappily, a prison door. I am here truly as a -sympathizing friend. Look upon me in that light, and not in the light -of a professional man." - -"You comfort me," he said. "Although I may appear to you careless and -indifferent, you know well enough it is impossible that I can be so; -you know that I must be tearing my heart out in the terrible position -in which I have been forced by ruthless circumstance. Make no mistake I -am myself greatly to blame for what has occurred. It has been folioed -upon me by my sense of honor and right and truth. Why, life once spread -itself before me with a prospect so glad, so beautiful, that it almost -awed me! But, after all, if a man bears within him the assurance that -he is doing what he is in honor bound to do, surely that should be -something! There--you see what you have forced from me. Yes, I _did_ -look eagerly forward when I heard that the jury could not agree. At -least there was one man there who believed me to be innocent, and -without the slightest knowledge of him I blessed him for the belief." - -He gazed round with the air of a man who was fearful that every -movement he made was watched and observed by enemies, and then he said, -in a low tone, - -"I need a friend." - -I replied, instantly, following the tone that he had used, "I am here; -I will be your friend." - -"It is a simple service I require," he said; "I have a letter about -me which I wish to be posted. What it contains concerns no one whom -you know. It is my affair and mine only, and rather than make it -another man's I would be burned at the stake, though we don't live in -such barbarous times;" and then he added, with a sigh, "But they are -barbarous enough." - -"I will post the letter for you," I said. He looked me in the face, -a long, searching, wistful look, and as he gazed, I saw in his eyes -a nobility of spirit which drew me as close to him in sympathy and -admiration as I had sever been drawn in my life to any man. - -"Dare I trust you?" he said, still preserving his low tone. "But if not -you, whom can I trust?" - -"You may trust me," I said; "I will post the letter for you faithfully." - -"Not close to the prison," he said. "Not in this district. Put it into -a pillar-box at some distance from this spot." - -"I will do as you desire." - -"Honestly and honorably?" he said. - -"Honestly," I responded, "and honorably, as between man and man." - -"You are a good fellow," he said, "I will trust you. I can never hope -to repay yon, but one day, perhaps, you may live to be glad that you -did me even this slight service." And he slipped the letter into my -hand, which I as secretly slipped into my pocket. Then I said, - -"May I come to see you again?" - -"Do. You have lightened the day for me--and many a day in addition to -this!" - -Soon afterwards I left him. I was honorably careful in the carrying out -of his directions. I did not take the letter from my pocket until I was -quite three miles from the prison, and then I put it into a pillar-box -but before I deposited it there, I looked at the address. Layton had -not extracted a promise from me that I should not do so, and I will -not say, therefore, whether, if he had, I should have violated it. I -was engaged, against his will and wish, in his vital interests, and I -might have broken such a promise however that may be, my surprise was -overwhelming when I saw that his letter was addressed to "Miss Mabel -Rutland, 32 Lavender Terrace, South Kensington." - -Rutland! Why, that was the name of the one juryman who had held -out upon Layton's trial, and from whom I had vainly endeavored to -obtain some useful information! Of all the cases I have been engaged -in, this promised to be not only the most momentous, but the most -pregnant and interesting. Rutland! Rutland! Had it been a common name, -such as Smith or Jones, I might not have been so stirred. It was no -chance coincidence. I was on the track, and with all the powers of my -intellect I determined to carry it to a successful issue. - - ------------- - - -_Cable message from Mr. Bainbridge, London, to Mr. Archibald Laing, U. -S_. - -"Who is Miss Mabel Rutland, and is there any relationship between her -and Mr. James Rutland? Also, in what relation does she stand to Edward -Layton? Can you give me any information respecting the Nine of Hearts?" - - -_Cable message from Mr. Archibald Laing, U S., to Mr. Bainbridge, -London_. - -"Miss Mabel Rutland is the niece of Mr. James Rutland. She and Mr. -Edward Layton were once engaged to be married. The breaking off of the -engagement caused great surprise, as they were deeply in love with each -other. I do not understand your reference to the Nine of Hearts." - - -_Cable message from Mr. Bainbridge to Mr. Archibald Laing_. - -"The Nine of Hearts I refer to is a playing-card. I have reasons for -asking." - - -_Cable message from Mr. Archibald Laing to Mr. Bainbridge_. - -"I know nothing whatever concerning the Nine of Hearts." - - - -II. - - -The information you give me in your cable that Miss Mabel Rutland and -Edward Layton were once engaged to be married is of the utmost interest -to me. You will doubtless in your letters explain more fully what you -know, but I do not wait for letters from you. Time is too precious for -me to lose an hour, a moment. I feel confident, before you enlighten me -upon this point, that I shall ferret out something of importance which -may lead to the end we both desire. I may confess to you at once that -the case has taken complete hold of me, and that, without any prospect -of monetary compensation, I should devote myself to it. That Edward -Layton is bent upon sacrificing himself in some person's interests -seems to me to be certain. It would take something in the shape of a -miracle to convince me that he is guilty of the crime of which he is -charged. I have elected myself his champion, and if it be in the power -of man to bring him out of his desperate strait with honor, I resolve, -with all the earnestness of my heart and with all the strength of my -intellect, to accomplish it. The intelligence that Mr. James Rutland is -uncle to the young lady to whom Edward Layton was engaged may be of use -to me. I do not yet despair of obtaining useful information from him. - -My inquiry respecting the Nine of Hearts was not idly made. This -particular playing-card, which was found in the pocket of Layton's -ulster, and of which he had no knowledge, is, I am convinced, an -important feature in the case. - -I have already enlisted the services of three or four agents, and as -I intend to spare no expense, it may be that I shall call upon your -bankers for a further sum of money, which I feel assured you will not -begrudge. - -Certain events are working in my favor. Of those that do not -immediately bear upon the matter I shall make no mention, but those -that do shall find a record here. - -For some portion of the day after my interview with Edward Layton -in prison, I was, apart from my practical work, engaged upon the -consideration of the question whether I should call upon Miss Mabel -Rutland, at 32 Lavender Terrace, South Kensington. I went there in -a cab, and reconnoitred the house outside, but I did not venture to -enter it. It is one of a terrace of fourteen mansions, built in the -Elizabethan style. No person could afford to reside there who was -not in a position to spend a couple of thousand a year. The natural -conclusion, therefore, is that Miss Rutland's people are wealthy. - -That in the absence of some distinct guide or clew or information I -should have been compelled to present myself at the address, for the -purpose of seeking an interview with the young lady to whom Edward -Layton's letter was addressed, was certain; but chance or destiny came -here to my assistance. - -Dr. Daincourt called upon me at between ten and eleven o'clock in the -night. - -"I make no apology for this late visit," he said; "I have something of -importance to communicate. - -"When you spoke to me last night about the jury, you gave me the list of -names to look over. I glanced at them casually, and gathered nothing -from them, until Mr. Laing's cable message arrived from America. -That incident, of course, impressed upon my mind the name of Mr. -James Rutland. It was strange to me; I was not acquainted with any -person hearing it. But it is most singular that this afternoon I was -unexpectedly called into consultation upon a serious case--a young -lady, Miss Mabel Rutland, who has been for some time in a bad state. -The diagnosis presents features sufficiently familiar to a specialist, -and also sufficiently perplexing. Her nerves are shattered; she is -suffering mentally, and there is decided danger." - -"Miss Mabel Rutland," I said, mechanically, "living at 32 Lavender -Terrace, South Kensington." - -"You know her?" exclaimed Dr. Daincourt, in astonishment. - -"I have never seen her," I said, "but I know where she lives." - -"Is she related," inquired Dr. Daincourt, "to the one juryman who held -out upon Edward Layton's trial?" - -"There is no need for secrets between us," I replied; "but it will be -as well to keep certain matters to ourselves." - -"Certainly. I will not speak of them to any one. It is agreed that what -passes between us is in confidence." - -"Miss Mabel Rutland is niece to the Mr. James Rutland who was on the -jury." - -"That is strange," exclaimed Dr. Daincourt. - -"Very strange," I said; "but I shall be surprised if, before we come to -the end of this affair, we do not meet with even stranger circumstances -than that. Proceed, I beg, with what you have to tell me concerning -Miss Rutland." - -"Well," said Dr. Daincourt, "her parents are in great distress about -her. I saw and examined her, and I am much puzzled. There is nothing -radically wrong with her. There is no confirmed disease; her lungs -are sufficiently strong; she is not in a consumption, and yet it may -be that she will die. It is not her body that is suffering, it is her -mind. Of course I was very particular in making the fullest inquiries, -and indeed she interested me. Although her features are wasted, she -is very beautiful, and there _rests_ upon her face an expression of -suffering exaltation and self-sacrifice which deeply impressed me. In -saying that this expression rests upon her face, I am speaking with -exactness. It is not transient; it does not come and go. It is always -there, and to my experienced eyes it appears to denote some strong -trouble which has oppressed her for a considerable time, and under -the pressure of which she has at length broken down. I could readily -believe what her parents told me, that there were times when she was -delirious for many hours." - -"Has she been long ill?" I inquired. - -"She has been confined to her bed," replied Dr. Daincourt, "since the -26th of March." - -"The 26th of March," I repeated; "the day on which Mrs. Edward Layton -was found dead." - -Dr. Daincourt started. "I did not give that a thought," he said. - -"Why should you?" I remarked. "I may confess to you, doctor, that I -apply almost everything I hear to the case upon which I am engaged. I -shall surprise you even more when I ask you whether, during the time -you were in 32 Lavender Terrace, you heard the name of Edward Layton -mentioned?" - -"No," replied Dr. Daincourt; "his name was not mentioned. Bainbridge, I -know that you are not given to idle talk; there is always some meaning -in what you say." - -"Assuredly," I said, "I am not in the mood for idle talk just now. -Events are marching on, doctor, and I am inclined to think that we are -on the brink of a discovery. You have not yet told me all I wish to -know concerning Miss Mabel Rutland. What members of the family did you -see?" - -"Her mother, her father, and herself," replied Dr. Daincourt. - -"Do those comprise the whole of the family?" - -"I do not know; I did not inquire." - -"Give me some description of her parents." - -"Her father," said Dr. Daincourt, "is a gentleman of about sixty years -of age." - -"Is there any doubt in your mind that he is a gentleman?" - -"Not the slightest." - -"Attached to his daughter--entertaining an affection for her?" - -"I should certainly say so, but at the same time not given to -sentimental demonstration." - -"As to character, now?" I asked. "What impression did he leave upon -you?" - -"That he was stern, self-willed, unbending. Hard to turn, I suspect, -when once he is resolved." - -"Like his brother," I observed, "Mr. James Rutland, who was on Layton's -trial. Those traits evidently run in the family. Now, as to his wife?" - -"A gentle and amiable lady," said Dr. Daincourt, "some eight or ten -years younger than her husband; but her hair is already grayer than -his; it is almost white." - -"She and her daughter resemble each other," I remarked. - -"Yes; and there is also on the mother's face an expression of devotion -and self-sacrifice. Her eyes continually overflowed when we were -speaking of her daughter." - -"Not so the father's eyes?" - -"No; but he showed no want of feeling." - -"Still, doctor," I said, "you gather from your one visit to the house -that he is the master of it--in every sense, I mean." - -"Most certainly the master." - -"Ruling," I remarked, "with a rod of iron." - -"You put ideas into my head," said Dr. Daincourt, in a somewhat -helpless tone. - -"If they clash with your own, say so." - -"They do not clash with my own, but I am not prone so suddenly to take -such decided views. I should say you are right, Bainbridge, and that in -his house Mr. Rutland's will is law." - -"Would that be likely," I asked, "to account in any way for the -expression of self-sacrifice you observed on the faces of mother and -daughter?" - -"It might be so," said Dr. Daincourt, thoughtfully. - -"Proceed, now," I said, "and tell me all that passed." - -"But little remains to tell," said Dr. Daincourt. "I informed the -parents that their daughter was suffering more from mental than from -physical causes; that it was clear to me that there was a heavy trouble -upon her mind, and that, until her trouble was removed, there was but -faint hope of her getting well and strong. 'I am speaking in the dark,' -I said to the parents, 'and while I remain in ignorance of the cause, -it is almost impossible for me to prescribe salutary remedies.' 'Can -you do nothing for her?' asked the father. 'Can you not give her some -medicine?' 'Yes, I can give her medicine,' I replied, 'but nothing that -would be likely to be of benefit to her. Indeed, the medicine already -in her room is such as would be ordinarily prescribed by a medical man -who had not reached the core of the patient's disease.' 'If she goes -on as she is going on now,' said the father, what will be the result?' -'Her strength is failing fast,' I replied; 'what little reserve she has -to draw upon will soon be exhausted. If she goes on as she is going -on now, I am afraid there will be but one result.' The mother burst -into tears; the father fixed his steady gaze upon me, but I saw his -lips quiver. 'We have called you in, Dr. Daincourt,' he said, 'because -we have heard of wonderful cures you have effected in patients who -have suffered from weak nerves.' 'I have been happily successful,' -I said, in effecting cures, but I have never yet succeeded where a -secret has been hidden from me.' At these words the mother raised -her hands imploringly to her husband. 'Do you think that a secret is -being hidden from you in this case?' asked the father. 'It is not for -me to say,' I replied; 'it is simply my duty to acquaint you with the -fact that your daughter's disease is mental, and that her condition -is critical. Until I learn the cause of her grief, I am powerless to -aid her.' 'Will you oblige me by calling to-morrow?' asked the father, -after a slight pause. 'Yes,' I said, preparing to depart, 'I will call -in the afternoon, and, if you wish, will see your daughter again.' He -expressed his thanks in courteous terms, and I took my leave. I should -have come here earlier, Bainbridge, to relate this to you, but I have -had other serious cases to attend to. A doctor's time is not his own, -you know." - -"I have something to tell you, doctor," I said, "with reference to your -new patient, which will interest you. Mabel Rutland was once engaged -to be married to Edward Layton, and I believe there was a deep and -profound attachment between them." - -"You startle me," he said, "and have given me food for thought." - -When he bade me good-night, it was with the determination to extract, -if possible, from Mabel Rutland's parents some information respecting -her mental condition which might be used to her benefit. For my part, -I must confess to the hope, unreasonable as it may appear, that he may -also be successful in obtaining some information which will assist me -in the elucidation of the mystery upon which I am employed. - - -_Cable message from Mr. Bainbridge, London, to Archibald Laing, U. S_. - -"Give me what particulars you can of Miss Mabel Rutland and her -parents, and of her brothers and sisters, if she has any." - - -_Cable message from Air. Archibald Laing, U. S to Mr. Bainbridge, -London_. - -"Miss Mabel Rutland has no sisters. She has only a twin-brother, -Eustace, to whom she was passionately attached and devoted. This -brother and sister and their parents comprise the family. Mr. -Rutland is of an implacable and relentless disposition, impatient -of contradiction, and obstinate to a degree. These qualities were -exercised in my favor some years ago, when I paid court to Miss -Rutland, in the hope of making her my wife. Her father would have -forced her into a marriage with me, but when I could no longer doubt -that she loved Edward Layton, I preferred to retire rather than render -her unhappy. By so doing, I think I won her esteem, and it is for her -sake I wish Layton to be cleared of the charge brought against him. -It is my belief that she still loves him, and she must be suffering -terribly. If Layton is convicted, it will break her heart. I know -very little of her brother Eustace. He was at Oxford when I was in -London, and I met him only once or twice. Mrs. Rutland is a sweet lady, -gentle-mannered, kindly-hearted, and I fear domineered over by her -husband." - - - -III. - -I thank you for the information contained in your last cable. It gives -me an insight into the generous motives which have prompted you to -step forward on Edward Layton's behalf, and I am gratified in being -associated with you in the cause. When a counsel finds himself _en -rapport_ with his client, it is generally of assistance to him he works -with a better spirit. - -Three days have passed since I wrote and despatched to you the second -portion of the narrative of my proceedings and progress. I was waiting -anxiously for something to occur--I could not exactly say what--which -would serve as an absolute stepping-stone. Something _has_ occurred -which, although I have not yet discovered the key to it, will, I -believe, prove to be of the utmost importance. You will understand -later on what I mean by my use of the word "key;" and when I tell you -that this which I call the stepping-stone is nothing more or less than -the Nine of Hearts, you will give me credit for my prescience on the -first production of that card in the Criminal Court. I felt convinced -that it would be no insignificant factor in the elucidation of the -Layton mystery. - -I may say here that the progress we have made is entirely due to Dr. -Daincourt. What I should have done had he not been unexpectedly called -in to our assistance, it is difficult to say. I should not have been -idle, but it is scarcely likely that, within so short a time, my -actions would have led to the point we have now reached. Dr. Daincourt -has allowed himself to be prompted by me to a certain extent, and -his interest in his beautiful patient has been intensified by the -friendship existing between us, and by the esteem we both entertain for -Edward Layton. - -In accordance with the promise Dr. Daincourt gave to Mr. Rutland, -he called upon, that gentleman on the day following his first visit -to the house. During the interval Miss Rutland's condition had not -improved; it had, indeed, grown worse. There was an aggravation of the -feverish symptoms, and her speech was wild and incoherent. Perhaps it -would be more correct to say that it was wild and incoherent to those -who were assembled at her bedside. I hold to the theory that there -is a method in dreams, and I also hold to the theory that there is a -method in the wildest utterances produced by the wildest delirium. I -speak, of course, as a lawyer. Dr. Daincourt's position with respect to -Miss Rutland was that of a physician. Had _I_ heard the words uttered -by Miss Rutland in her fevered state, I do not doubt that my legal -training would have enabled me to detect what was hidden from Dr. -Daincourt and the young lady's parents. - -During this second visit to Miss Rutland, her father requested Dr. -Daincourt to give him a private interview, in the course of which -he elicited from the doctor an accentuation of the views which Dr. -Daincourt had expressed on the previous day. Mr. Rutland made a vain -attempt to combat these views. He would have been glad to be assured -that his daughter was suffering from a physical, and not from a mental -malady; but Dr. Daincourt was positive, and was not to be moved from -his conviction. He emphasized his inability to treat the case with -any hope of success, and he repeated his belief, if Miss Rutland were -allowed to continue in her present condition without any effort being -made to arrive at the cause of her mental suffering, that there could -be but one result--death before the end of the year. - -At the commencement of this interview between Mr. Rutland and Dr. -Daincourt, Mrs. Rutland was not present; but after it had lasted some -twenty minutes or so, her anxiety became so overpowering that she -knocked at the door of the room in which the conversation was taking -place, and begged to be admitted. The issue at stake was so grave that -Mr. Rutland could not refuse, and thus it was that she was present when -Dr. Daincourt spoke in plain terms of the serious condition of his -beautiful patient. The mother's distress was pitiable, but it appeared -to produce no impression upon her husband. - -"And yet," said Dr. Daincourt, in narrating the affair to me, "I am -sure that Mr. Rutland was inwardly suffering, and I am also sure that -he has a sincere affection for his daughter." - -The interview terminated by Mr. Rutland requesting Dr. Daincourt to -call again the next day, to which request the doctor gave a reluctant -assent. - -He called on the following day, with the same result. Again he saw the -patient; again he had an interview with Mr. Rutland, at which Mrs. -Rutland was present; again he emphasized his view of the young lady's -condition; and again Mr. Rutland requested him to pay another visit -upon his daughter. Dr. Daincourt objected. He told Mr. Rutland that, -as matters stood, his visits were useless, and that in the absence of -necessary information it was his distinct wish to be relieved from them. - -"And I feel it my duty," he said to the father, "to inform you that if -you intend to do nothing further than it seems to me is your present -intention, you are playing with your daughter's life." - -These were grave words to use, but Dr. Daincourt is no ordinary -man. His knowledge and experience lead him intuitively to correct -conclusions, and in his professional capacity be will not be trifled -with. - -"In these circumstances," he said to Mr. Rutland, "I must beg of you to -summon some other physician in whom you have greater confidence." - -"I have the fullest confidence in you," said Mr. Rutland. - -"You have not shown it," was Dr. Daincourt's rejoinder. "It is -as though you have determined that you, and not I, shall be your -daughter's physician." - -However, he allowed himself to be prevailed upon to pay Miss Rutland -yet another visit. But he gave his consent only upon the express -stipulation that it should be his last, unless Mr. Rutland placed him -in possession of information which would enable him to fully understand -the case. - -I come now to this fourth interview, which was pregnant with results. - -Upon presenting himself at the house he was received by Mrs. Rutland, -who said to him, - -"My husband has consented that I should tell you all you desire to know -with respect to our dear child." - -"You have prevailed upon him to consent," said Dr. Daincourt. - -"Yes," replied Mrs. Rutland, "I have, thank God! prevailed upon him to -consent. Dear doctor, you will save my child, will you not?" - -"I will do all that lies in my power," said Dr. Daincourt. - -"What is it you wish to know?" asked Mrs. Rutland. - -"Everything that concerns your daughter," said Dr. Daincourt, "with -respect to her disposition, habits, likings, and affections. She has -a terrible weight upon her mind, and you must certainly have some -suspicion of the cause. You may have more than a suspicion, you may -have a positive knowledge. You must hide nothing from me. Unless you -are prepared to be absolutely and entirely frank in your disclosures, -I cannot undertake to continue my visits. You are her mother--you love -her tenderly?" - -"I love her with all my heart and soul," said Mrs. Rutland, weeping. -"If my daughter is taken from me, I shall not care to live!" - -"In deep sincerity, then," said Dr. Daincourt, "I declare to you that -you may be acting as your daughter's enemy instead of her friend if you -do not open your heart and mind to me freely and without restraint. -Relate as briefly as you can, without omitting important points, the -story of her life." - -It was a simple, touching story which Mrs. Rutland disclosed, fragrant -with all that is sweetest in woman. The Rutlands have but two children, -Mabel and Eustace, who came into the world within a few minutes of -each other. Between these children existed a most profound and devoted -love, and to tear Eustace away from Mabel was like tearing the girl's -heartstrings. The lad's love was the weaker of the two, as is usually -the case, but he nevertheless adored his sister, who repaid him tenfold -for all the affection he lavished upon her. They grew up together, -shared each other's pleasures, had secret and innocent methods of -communicating with each other which afforded them intense delight, and -were inseparable until they reached the age of eighteen, when Eustace -went to college. Hitherto his studies had been conducted at home, a -home of peace and harmony and love; for, stern and implacable as Mr. -Rutland was, he loved his children and his wife; but he loved something -else equally well--his honor and his good name. While Eustace was -absent at college, he and Mabel corresponded regularly. - -"But," said the mother, "neither my husband nor myself was ever able -to understand Eustace's letters to his sister. They were always -written in the form of mystery-letters. It had been their favorite -amusement when they were children to discover and invent new methods of -corresponding with each other, of which only they possessed the secret. -'There, mamma,' Mabel would say, with a laugh, giving me one of my dear -Eustace's letters from college, 'read that!' But it might as well have -been written in Greek for anything that I could make of it. Words and -figures were jumbled together, without any meaning in them that I could -discover, and the entire page was a perfect puzzle. Then Mabel would -take the letter from me, and read it off as easily as possible; and I -remember her saying once, 'If Eustace and I ever have any real secrets, -mamma, we shall be able to tell them to each other through the post, -without any person in the world being one bit the wiser.' Little did -I think that the time would arrive when her words would bear a fatal -meaning." - -Eustace, then, being at college, and Mabel at home, it unfortunately -happened that the lad fell into evil ways. He got mixed up with bad -companions. The hours that should have been employed in study were -wasted in gambling and dissipation, and his career at college was by no -means creditable. His father had set his heart upon Eustace obtaining -honors at Oxford, and he was sorely and bitterly disappointed when -the reports of his son's proceedings reached him. Unfortunately these -reports did not come to his ears until much mischief had been done, and -it was at about this time that Eustace returned home, declaring that he -would never go back to college. - -At about this time, also, momentous events were occurring in Mabel's -life. A beautiful girl, with an amiable and sweet disposition, with -most winning ways, and with a wealthy father moving in a good social -position, it was not to be wondered at that she had suitors for her -hand; but there were only two whose affection for her was regarded -seriously by the family. One of these was Mr. Edward Layton, the other -Mr. Archibald Laing. - -Mabel's father favored the suit of Archibald Laing; Mabel's uncle, -the gentleman who was upon the jury in the trial, favored the suit of -Edward Layton. He was never weary of sounding the young man's praises, -and it may be that this rather strengthened Mabel's father against -Edward Layton. However, the young lady had decided for herself. She -had given her heart to Edward Layton, and there grew between them an -absorbing and devoted attachment. - -While these matters were in progress, both Archibald Laing and Edward -Layton were admitted freely to the house, and thus they had equal -chances. But when the lady whom two men are in love with makes up her -mind, the chances are no longer equal. It was not without a struggle -that Archibald Laing abandoned his pretensions. From what afterwards -transpired, he could not have loved Mabel with less strength than -Edward Layton did. It was no small sacrifice on his part to relinquish -his hopes of winning Mabel for his wife, more especially when her -father was on his side. There were interviews of an affecting nature -between him and Mabel. There were interviews, also, between him and -Edward Layton. The two men had been friends long before they came into -association with Mabel Rutland, and it speaks well for the generosity -and nobility of their natures that this affair of the heart--the like -of which has been the cause of bitter feuds from time immemorial--did -not turn their friendship into enmity. In the estimate of their -characters at this period Archibald Laing showed the higher nobility, -for the reason that it devolved upon him to make a voluntary and -heart-rending sacrifice. He informed the young lady's parents that he -gave up all hope of obtaining their daughter's hand, and at the same -time he declared that if it ever lay in his power to render Mabel or -Edward Layton a service, he would not hesitate to render it, whatever -might be the cost. Nobly has he redeemed this pledge. - -He suffered much--to such an extent, indeed, that he determined to -leave the country, and find a home in another land. He bade the -Rutlands farewell by letter, and sailed for America, where he settled, -and realized an amazing fortune. - -The field was thus left free for Mabel and Edward. Mr. Rutland was -seriously displeased. He had been thwarted in a wish that was very -dear to him, and he was not the kind of man to forget the defeat. -Although Edward Layton was allowed to come to the house, Mr. Rutland -received him without favor, and it was only upon the imploring and -repeated solicitations of his wife and daughter that he consented to -an engagement between the young people. It was a half-hearted consent, -and caused them some unhappiness. More than once he declared in their -presence, and in the presence of his wife, that if anything ever -occurred which would cast the slightest shadow of doubt or dishonor -upon Edward Layton, no power on earth should induce him to allow the -marriage to take place. It was not necessary for him to impress upon -them that, above everything else in the world, he was jealous of his -good name. They knew this well enough, and were in a certain sense -proud in the knowledge, because the stainless reputation he bore -reflected honor upon themselves. But they did not see the cloud that -was hanging above them. It gathered surely and steadily, and brought -with it terrible events, in the whirlpool of which the happiness of -Mabel and Edward was fated to be ingulfed. - -The cause lay not in themselves. It lay in Eustace Rutland. It was he -who was responsible for all. - -He was in London, in partial disgrace with his father. He was without -a career; he had already contracted vicious and idle habits; he was -frequently from home; and although his father questioned him severely, -he would give no truthful account of his movements and proceedings. -Some accounts he did give, but his father knew instinctively that they -were false or evasive. As he could obtain no satisfaction from his son, -Mr. Rutland, aware of the perfect confidence which existed between -Eustace and Mabel, applied to her for information; but she would not -utter one word to her brother's hurt. Her father could extract nothing -from her, and there gradually grew within him an idea that there was a -conspiracy against him in his own home, a conspiracy in which Edward -Layton was the principal agent. It was natural, perhaps, that he should -think more hardly of this stranger than of his own children. - -Had he set a watch upon his son, he might have made discoveries which -would have been of service to all, and which might have averted -terrible consequences. But proud and self-willed as he was, it did not -occur to him to do anything which in his view savored of meanness. His -son Eustace went his way, therefore, to sure and certain ruin. When he -was absent from home he corresponded regularly with his sister, and Mr. -Rutland sometimes demanded to see this correspondence. - -"You can make nothing of it, papa," said Mabel. "Eustace and I do not -correspond like other people." - -He insisted, nevertheless, upon seeing these letters, and Mabel showed -them to him. As he could not understand them, he demanded that she -should read them intelligibly to him; but it being a fact that there -was always something in Eustace's correspondence which would deepen his -father's anger against him, the young girl refused to read them. This, -as may be supposed, did not tend to pacify Mr. Rutland. It intensified -the bitterness of his heart towards those whom he believed were -conspiring against him. He applied to Edward Layton. - -"You are in my daughter's confidence," he said to the young man, "and -as you have wrung from me a reluctant consent to an engagement with -her, I must ask you to give me the information which she withholds from -me." - -He met with another rebuff. Edward Layton declared that he would it -violate the confidence which Mabel had reposed in him. At one time Mr. -Rutland said to Edward Layton, - -"My son has been absent from home for several days. Have you seen him?" - -"Yes, sir," replied Edward, "I have seen him." - -But he would say nothing further. - -He was in a most painful position. Mabel had extracted from him a -solemn promise that he would reveal nothing without her consent, and he -was steadfastly loyal to her. He had another reason for his silence, -and, in the light of that reason, and of the feelings which Mr. Rutland -harbored towards him, he felt that the happiness he hoped would be his -was slipping from him. - -The explanation of this other reason, which unhappily was a personal -one, brings upon the scene a person who played a brief but pregnant -part in this drama of real life, and who is now in his grave. This -person was Edward Layton's father. - -"What was the nature of the relations," said Mrs. Rutland, "between -this gentleman and my dear son Eustace I do not know. All that I do -know is that they were in association with each other, and, I am -afraid, not to a good end. It came, also, by some strange means, to the -knowledge of my husband, and a frightful scene occurred between him and -Edward Layton, in which Mabel's lover was dismissed from the house. -My husband withdrew the consent he had given to the engagement, and -used words which, often since when I have thought of them, have made -me shudder, they were so unnecessarily cruel and severe. 'If from this -day,' my husband said to the young gentleman, 'you pursue my daughter -with your attentions, you will be playing a base and dishonorable -part. If you wish me to turn my daughter from my house, you can by -your actions bring about this result. But bear in mind, should it come -to pass, that she will go from my presence with my curse upon her--a -beggar! I am not ignorant my duties with respect to my children. I have -not been sparing of love towards them. Hard I may be when my feelings -are strongly roused, but I am ever just. In the secrets that are being -hidden from me there is, I am convinced, some degrading and shameful -element otherwise, it is not possible that you should conspire to keep -them from me. If the matter upon which you are engaged were honorable, -there would be no occasion to keep it from my knowledge. Do not -forget that you have it in your power to wreck not only my daughter's -happiness, but her mother's and mine, if that consideration will have -any weight with you.' There was much more than this, to which Mr. -Edward Layton listened with a sad patience, which deepened my pity for -him. He bore, without remonstrance, all the obloquies that were heaped -upon him by my unhappy husband, who soon afterwards left the room with -the injunction that Mr. Layton was on no account to be allowed an -interview with my daughter. Then Mr. Layton said to me, 'I must bear -it. If the happiness of my life is lost it will be through the deep, -the sacred love I bear for your child. I devote not only the dearest -hopes of my life, but my life itself, to her cause. Fate is against us. -A man can do no more than his duty.'" - -From that day to this Mabel's mother has never seen Edward Layton. -When she heard of his marriage into a family whose position in society -was to say the least equivocal, she was in great distress, fearing -the effect the news would have upon her dear daughter. Mabel Rutland -suffered deeply, but during that time of anguish she appeared to summon -to her aid a certain fortitude and resignation which served her in good -stead. It astonished her mother, one day, to hear her say, - -"Do not blame Edward, mamma he is all that is good and noble. Although -he is another lady's husband, and although our lives can never be -united, as we had once hoped, I shall ever love and honor him." - -"Time will bring comfort to you, my darling," said the mother, "and it -may be that there is still a happy fate in store for you. You may meet -with another man, around whom no mystery hangs, to whom your heart will -be drawn." - -"Never, mamma," replied Mabel. "I shall never marry now." - -What most grievously disturbed Mrs. Rutland was the circumstance that, -even within a few weeks of Edward Layton's marriage, he corresponded -with her daughter. Her father was not aware of this. He usually rose -late in the morning, and it devolved upon Mrs. Rutland to receive the -correspondence which came by the first post. The letters that Edward -Layton wrote to Mabel were invariably posted at night, from which it -would appear that the young man was aware that they would fall into -the hands of Mabel's mother, and that Mr. Rutland, unless he were made -acquainted with the fact, was not likely otherwise to discover it. When -Mrs. Rutland gave her daughter the first letter from Mr. Layton, Mabel -said to her, - -"Do not be alarmed, mamma. This letter is in reply to one I wrote to -Mr. Layton. I may have other letters from him which I beg you to give -me without papa's knowing. It may appear wrong to you, but it is really -not so. Everything is being done for the best, as perhaps you will one -day learn." - -Sad at heart as Mrs. Rutland was, she had too firm a trust in her -daughter's innate purity and sense of self-respect not to believe what -she said, both in its letter and in its spirit, and thus it was that -the secret of this correspondence was also kept from Mr. Rutland. By -pursuing the course she did, Mrs. Rutland preserved, to some extent, -peace in the household. - -Thus matters went on for two years, until Eustace Rutland's wild -conduct produced a terrible disturbance. His absences from home had -grown more frequent and prolonged; he became dreadfully involved, and -Mr. Rutland received letters and visits from money-lenders (a class -of men that he abhorred) in connection with his son's proceedings. -Incensed beyond endurance, he banished Eustace from the house, and -forbade him ever again to enter his doors. - -"It seemed to be fated," said Mrs. Rutland, "that there should be -always something in our family that it was necessary to conceal from my -husband's knowledge. He banished Eustace from home, but that did not -weaken my love for our dear lad. Three times during the past year I -have seen Eustace, and I have not made my husband acquainted with the -fact. What could I do? Had I asked his permission he would have sternly -refused it, and had I told him that I could not resist the impulse -of my heart to fold my dear boy in my arms, it would only have made -matters worse for all of us." - -She related to Dr. Daincourt a circumstance which had deeply angered -her husband. Among the presents the father had given to his daughter -was a very costly one, a diamond bracelet of great value, for which -Mr. Rutland had paid no less than five hundred guineas. One evening -a dinner-party was given at the house, and Mr. Rutland particularly -desired that Mabel should look her best on the occasion. He said -as much to his daughter, and expressed a desire that she should -wear certain articles of jewellery, and most especially her diamond -bracelet. He noticed at the dinner-table that this bracelet was not -upon Mabel's arm; he made no remark before his guests, but when they -had departed he asked Mabel why she had not worn it. - -"I have so many other things, papa," she replied, "that you have given -me. It was not necessary." - -"But," said her father, "I desired you particularly to wear the -bracelet. Is it broken? If so, it can be easily repaired. Let me see -it." - -Then the mother saw trouble in her daughter's face. Mabel endeavored, -to evade her father's request, and strove to turn the conversation -into another channel. But he insisted so determinedly upon seeing the -bracelet that she was at length compelled to confess that it was not -in her possession. Upon this Mr. Rutland questioned her more closely, -but he could obtain from her no satisfactory information as to what had -become of it. Suddenly he inquired if her purse was in her room. She -answered yes, and he desired her to bring it down to him. She obeyed; -and when he opened the purse he found only three or four shillings in -it. - -"Is this all you have?" he inquired. - -"Yes, papa," she said, "this is all." - -"But it was only yesterday," said Mr. Rutland, "that you asked me for -twenty pounds, and I gave it to you. What have you done with the money?" - -Upon this point, also, he could obtain no satisfactory information. He -was greatly angered. - -"I thought," he said "when Mr. Layton married into the family of a -professional sharp--a fit connection for him--that the conspiracy in my -house against my peace of mind, and, it seems to me, against my honor, -would come to an end. It was not so. I perceive that I am regarded -here as an enemy by my own family, not as a man who has endeavored all -through life to perform his duties in an honorable and straightforward -way. Go to your room, and let me see the diamond bracelet before this -month is ended, or let me know what you have done with it. If you have -lost it," he added, gazing sternly upon his daughter, "find it." - -Before the month was ended Mabel showed him the diamond bracelet; but -her mother was aware that there were other articles missing from among -her daughter's jewellery. - -Mrs. Rutland having come to the end of her narrative, Dr. Daincourt -began to question her. - -"Your daughter," he said, "was taken ill on the 26th of March, and I -understand that she has been confined to her bed since that day. Were -there any premonitory symptoms of a serious illness, or was the seizure -a sudden one?" - -"It was quite sudden," replied Mrs. Rutland. "I went into her room -early in the morning, and found her in a high state of fever." - -"Has she been sensible at all since that time?" - -"No." - -"Not sufficiently sensible to recognize any one who attended her?" - -"No; she does not even know me, her own mother." - -"What did the physician whom you first called in say about the case?" - -"He said that she had brain-fever, and that it had been accelerated by -her having caught a violent cold through wearing damp clothing." - -"Do you think she wore that clothing in the house?" - -"No." - -(Dr. Daincourt has certain ways and methods of his own. He is in the -habit of keeping in his pocket-book a tablet of the weather from day to -day.) - -"If your daughter did not wear damp clothes in the house," he said, "she -must have worn them out of the house." - -He took his pocket-book from his pocket and consulted his -weather-tablet. "I see," he said to Mrs. Rutland, "that from the 12th -till the 25th of March there was no rain. The weather was mild and -unusually warm during those days, but on the evening of the 25th of -March it began to rain, and rained during the night. Your daughter must -have been out during those hours in the bad weather. What were her -movements on that evening? Remember, you must keep nothing from me if -you wish me to do my best to restore your child to health." - -Still, it was with some difficulty that he extracted from Mrs. Rutland -the information he desired to obtain. Obtain it, however, he did. Mrs. -Rutland informed him that Mabel had gone out on the evening of the -25th of March, and did not return home until nearly one o'clock in the -morning. Mr. Rutland was not aware of this. Mrs. Rutland had stopped up -for her daughter, and had let her in quietly and secretly. The young -girl was pale and greatly agitated, but she said nothing to her mother. -She kissed her hurriedly, went to her bedroom, and was found the next -morning in the condition Mrs. Rutland had described. - -"Being in a fever from that day," said Dr. Daincourt to the mother, -"your daughter has seen no newspapers?" - -"No." - -"And she is ignorant of the peril through which her former lover, -Edward Layton, has passed, and in which he still stands?" - -"She is ignorant of it," said Mrs. Rutland. - -"Have any letters arrived for her during her illness?" - -"Yes, two. One in the handwriting of Mr. Layton, the other from my dear -boy Eustace." - -"Have you those letters?" - -"Yes." - -"Have you opened them?" - -"No. My daughter made me give her a solemn promise that I would never -open one of her letters, and I have not done so." - -"But," said Dr. Daincourt, "this is a matter of life and death. I must -ask you to give me those letters, and I will take upon myself the -responsibility of opening them. I must ask you for something more. Your -daughter has a desk?" - -"Yes." - -"The key of which is in her room?" - -"Yes." - -"Bring down the desk and the key. Ask me no questions concerning my -motives. I am in hopes that I shall be able to discover the true cause -of your daughter's illness, and that will enable me to adopt towards -her the only treatment by which it is possible she can recover." - -Mrs. Rutland brought down the desk and the key. In the mother's -presence Dr. Daincourt opened the desk. There were in it no letters -from Edward Layton, but it contained two of what Mrs. Rutland called -the mystery-letters which Eustace was in the habit of writing to his -sister. These letters were in their envelopes, the post-marks upon -which indicated their order of delivery. - -Dr. Daincourt could make nothing of them, and Mrs. Rutland could not -assist him. They were written upon small single sheets of note-paper, -and appeared to be a perfect jumble of incomprehensible words; around -the margin of these words were a number of figures and alphabetical -letters as incomprehensible as themselves. Searching further in the -desk, he made a startling discovery--three playing-cards, each of them -being the Nine of Hearts. He asked Mrs. Rutland--who appeared to be -almost as startled as he was himself by the discovery--whether she -could give him any explanation of the cards, and she said that she -could not. Then Dr. Daincourt said that he would take the playing-cards -and the letters away with him. - -"At the same time," he observed to Mrs. Rutland, "if it is any -consolation to you, I undertake your daughter's case, and will do the -best for her that lies within my skill and power." - -He then went to see Miss Rutland in her bed, wrote out a prescription, -gave certain instructions, and left the house. - -"I have come to you," said Dr. Daincourt to me, "with these letters -and the playing-cards; I will leave them with you. You said that the -Nine of Hearts was a tangible link in the chain of Edward Layton's -innocence. Is it not most mysterious and strange that three of these -identical cards should be found in Miss Rutland's desk, and that one -should be found in the pocket of Edward Layton's ulster which he wore -on the 25th of March? Does not this circumstance, in conjunction with -what you now know of Mabel Rutland's movements on that night, go far -to prove that the lady whom Edward Layton met in Bloomsbury Square was -none other than his old sweetheart? Heaven knows what conclusions are -to be drawn from the coincidence. I will make no comments indeed, I -almost tremble to think of the matter. Your legal mind will, perhaps, -enable you to deduce something from Eustace's letter to his sister -which may be of service to you and Edward Layton. To me they are simply -incomprehensible. Before I visit Miss Rutland to-morrow I will call on -you. You may have something to say to me. I sincerely trust I shall not -be the means of bringing fresh trouble upon her and hers." - -With that he wished me good-night, and I was left alone. I set myself -sedulously to the task of discovering the key to these mysterious -letters. Dr. Daincourt had not opened the two sealed letters which had -arrived during Miss Rutland's illness, and I did not immediately do -so. I felt a delicacy with respect to Edward Layton's letter to the -young lady which he had given me in prison to post for him. I put them -aside, and selecting the first of the two letters from Eustace Rutland -which had been found in Mabel's desk (judging from the post-marks on -their envelopes which of the two she had first received, for they bore -no date), I devoted myself to a study of it. This is an exact copy of -the singular communication, the size of the paper and the arrangement -of the words, and of the figures and alphabetical letters, being -faithfully followed: - - -T 20 X 2 C 14 H 7 E 3 - -17 D B face birds the stares 9 - -6 in runs back got I F M 10 in your hundred send 11 J trees the money -won are A 1 8 death river diamond gayly me K T 19 on bracelet four -singing 18 R instantly cherry the the W 12 - -13 B 5 N 16 P 15 V 4 U - - -It appeared to me that the first thing I had to consider was the -relation, if any, that the alphabetical letters and figures bore to -the words to which they formed a frame. I did not lose sight of the -suggestion which immediately arose that this framework of figures and -alphabetical letters might be placed there as a blind, although the -evident care and pains which had been bestowed upon them was opposed -to the suggestion. But then, again, the care thus exercised might be -intended to more deeply mystify any strange person into whose hands the -missive might fall. In order not to deface or mutilate the original, -I made two exact copies of it for my own purposes, using as a kind of -ruler one of the playing-cards which Dr. Daincourt had also found in -Mabel Rutland's desk. - -There were two words in the missive which soon attracted me. These were -the third word, "diamond," in the fifth line, and the second word, -"bracelet," in the sixth line. "Diamond bracelet." I did not doubt that -this was the diamond bracelet which Mr. Rutland had presented to his -daughter, and which she could not wear at the dinner-party because it -was not at that time in her possession. Here, then, was a clew, but -here I stopped. No ingenuity that I could bring to bear enabled me to -connect other words with "diamond bracelet." I cudgelled my brains -for at least half an hour. Then all at once it occurred to me (what -in the excitement of my pursuit I may very well be excused for not -having thought of before) that the playing-card, the Nine of Hearts, -must bear some relation to the missive. I placed it upon the paper. -Every word was hidden by the surface of the card; only the figures and -the alphabetical letters were visible. "Doubtless," thought I, "if I -cut out the pips of a Nine of Hearts, and place it upon the paper, I -shall see certain words which will form the subject-matter upon which -Eustace Rutland wrote to his sister." In that case the mystery was -confined to nine words which, whatever their arrangement, would not -be too difficult to intelligibly arrange. I would not mutilate Miss -Rutland's playing-cards. I had packs of my own in the house, and from -these I selected the Nine of Hearts and cut out the pips. It was not -an easy matter, and in my eagerness I pretty effectually destroyed the -surface of my table; but that did not trouble me. My interest was now -thoroughly aroused, and grew keener when, placing the Nine of Hearts -upon Eustace Rutland's mystery-letter, I found these words disclosed: - -Face--stares--in--send--money--death me--instantly--the. - -Here, then, in these nine words, was the communication which Eustace -Rutland intended his sister to understand. I copied them on a separate -sheet of paper, and arranged them in different ways until I arrived at -their correct solution: - -"Death stares me in the face send money instantly." - -Congratulating myself upon my cleverness, I came to the conclusion that -Eustace Rutland, being banished from his father's house, and not being -able to obtain from his father the funds necessary for his disreputable -career, was taking advantage of his sister's devoted affection for -him, and was in the habit of calling upon her to supply him with -money--which, no doubt, the young lady did to the best of her ability. -Curiosity led me to the task of endeavoring to discover whether the -alphabetical letters and the figures in the framework bore any relation -to this communication. With only the nine words exposed through the -pips of the Nine of Hearts which I had cut away, I saw that the first -word, "death," was the sixth, and the second word, "stares," was the -second, and the third word, "me," was the seventh. The sequence of the -figures, therefore, was 6, 2, 7. Now, how were these three figures -arranged in the framework? The figure 6 came after the letter M, the -figure 2 came after the letter X, the figure 7 came after the letter -H. Satisfied that I had found the key, I began to study how these -figures from 1 to 9, representing the nine words in the communication -and the Nine of Hearts in the playing-card, were arranged in the -framework in such a manner as to lead an informed person at once to the -solution. There must be a starting-point with which both Eustace and -his sister Mabel were acquainted. What was this starting-point? One of -the letters of The Alphabet. What letter? A. Starting, then, from A in -the framework, I found that the figures from 1 to 9 ran thus: 6, 2, -7, 3, 9, 1, 4, 5, 8. Upon following, in this order, the course of The -words which were exposed by the playing-card with the nine pips cut -out, I came to the conclusion that I had correctly interpreted this -first mystery-letter. I was very pleased, believing that the key I had -discovered would lead me to a correct reading of Eustace's second and -third letter to his sister. - -So absorbed had I been in the unravelling of this mystery-letter, -which occupied me a good hour and a half, that I had lost sight during -the whole of that time of the two words which had at first enchained -my attention--"diamond bracelet." "Death stares me in the face send -money instantly" had appeared to me so reasonable a construction to be -placed upon the communication of a man who must often have been in a -desperate strait for want of funds, that the thought did not obtrude -itself that these words might be merely a blind, and that, in the words -that remained after the obliteration of this sentence, the correct -solution was to be found. The longer I considered, the stronger became -my doubts: with "diamond bracelet" staring me in the face, I felt that -I had been following a Will-o'-the-wisp. - -I had asked Dr. Daincourt the date of the dinner-party at which Mr. -Rutland had detected the absence of the diamond bracelet on his -daughter's arm. That date was the 8th of September. I examined the -post-mark on the envelope of Eustace Rutland's first communication; it -was the 26th of September. Mr. Rutland had laid upon his daughter the -injunction that the diamond bracelet was to be shown to him before the -end of the month. What month? September. She had produced it in time, -and her brother's missive must have conveyed to her some information -respecting the missing article of jewellery. The elation of spirits in -which I had indulged took flight; I had _not_ discovered the clew. - -I set myself again to work. I felt now as a man feels who is hunting -out a great mystery or a great criminal, and upon the success of whose -endeavor his own safety depends. It seemed to me as if it were not so -much Edward Layton's case as my own in which I was engaged. Never in -the course of my career have I been so interested. I determined to set -aside the words, "Death stares me in the face, send money instantly," -and to search, in the words that remained, for the true meaning of -Eustace Rutland's first communication. I copied them in the order in -which they were arranged, and they ran as follows: - - - T 20 X 2 C 14 H 7 E 3 - - 17 D - - B birds the 9 - - 6 in runs back got I F - - M 10 - - your hundred - - 11 J - - trees the won are - A 1 - - 8 river diamond gayly K - - T 19 - on bracelet four singing - - 18 R - - cherry the - - W 12 - - 13 B 5 N 16 P 15 V 4 U - - -I counted the number of words; there were twenty-two. Now, was the true -reading of the communication contained in the whole of these twenty-two -words, or in only a portion of them, and if in only a portion, in -what portion? In how many words? There lay the difficulty. The words -"diamond bracelet" gave me a distinct satisfaction, but there were -other words which I could not by any exercise of ingenuity connect them -with, such as "birds"--"trees"--"river"--"gayly"--"cherry"--"singing." -Undoubtedly the communication was a serious one, and these words seemed -to be inimical to all ideas of seriousness. How to select? What to -select? How to arrange the mystery? What was the notation? Ah, the -notation! I had discovered the notation of the sentence I had set aside -for the time. What if the same notation would lead me to the clew -I was in search of? The arrangement of the figures from 1 to 9 was -arbitrated by the first letter in the alphabet, A. I would try whether -that arrangement would afford any satisfaction in the twenty-two words -that remained. It would be an affectation of vanity on my part if I -say that this idea occurred to me instantly. It did not do so. It was -only after long and concentrated attention and consideration that it -came to me, and then I set it immediately into practical operation. -The first figure in the sentence I had discovered was 6. I counted six -in the present arrangement of the words. It ended with the word "Got." -Crossing out the word "Got," and placing it upon a separate sheet of -paper, I proceeded. The second figure in the sentence I had discarded -was 2. I counted two on from the word "Got," and arrived at "Your." I -crossed out this word "Your" and proceeded. The third figure in the -sentence I had discarded was 7. I counted seven words on from "Your," -and came to "Diamond." I treated this word in a similar way to the last -two, and continued the process. "Got your diamond." Now for "Bracelet." -The next figure was 3. I counted on three words from "Diamond" and came -to "Bracelet." - -I was more excited than I can describe. There is scarcely anything in -the world that fills a man with such exultation as success, and I was -on the track of success: "Got your diamond bracelet." The following -figure was 9. I counted on nine and came to the word "Back." "Got your -diamond bracelet back." I continued. The next figure was 1. This was -represented by the word "I." The next figure was 4, represented by the -word "Won." The next figure was 5, represented by the word "Four." The -next figure was 8, represented by the word "Hundred." I continued the -same process and came back to the figure 6, represented by the word -"On." The next figure was 2, represented by the word "Cherry." - -I stopped here, for a reason, and I read the words I had crossed out -and written on a separate sheet of paper. They ran thus: - -"Got your diamond bracelet back I won four hundred on Cherry." - -It was not without a distinct reason that I paused here. Mixing with -the world, and moving in all shades and classes of society, I must -confess--as I have no doubt other men would confess if they were -thoroughly ingenuous--to certain weaknesses, one of which is to put -a sovereign or two (seldom more) upon every classic horse-race, -and upon every important handicap during the year. I nearly always -lose--and serve me right. But it happened, strangely enough, that -in this very month of September, during which Eustace Rutland sent -his mysterious communications to his sister Mabel, one of the most -celebrated handicaps of the year was won by a horse named Cherry, and -that I had two sovereigns on that very horse. It started at long odds. -I remembered that the bet I made was two sovereigns to a hundred, and -that I had won what is often called a century upon the race. I was -convinced that I had come to the legitimate end of Eustace Rutland's -letter: "Got your diamond bracelet back. I won four hundred on Cherry." - -This young reprobate, then, was indulging in horse-racing. His sister -Mabel had written to him an account of the scene between herself and -her father at the dinner-party. She had given him her diamond bracelet -to extricate him from some scrape, and he had been luckily enabled, by -his investment on the horse Cherry, to redeem it most likely from the -pawnbroker--in time for his sister to exhibit it to her father. So as -to be certain that I had got the proper clew, and had arrived at the -gist of Eustace's communication, I wrote down the words that remained, -which were, - -"Birds--the--the--in--are the trees--runs--rivers--gayly--singing." - -It was an easy task now for me to apply the same test to these -remaining words, and I found that they formulated themselves in this -fashion: - -"The river runs gayly. The birds are singing in the trees." - -I was curious to ascertain whether there were any special sign in -the framework of Eustace Rutland's communication by which the person -engaged with him in the mystery-letter could be guided. I counted the -words in each sentence. The words in the first sentence were nine--the -Nine of Hearts. The number of words in the second sentence was eleven. -The number of words in the third sentence was eleven. After the -alphabetical letter A in the framework I saw the figure 11, and I was -satisfied, the last eleven words being meaningless, that it was the -second sentence of eleven words, referring to the diamond bracelet -and to his winning on Cherry, that Eustace wished his sister Mabel -to understand. At the same time I was satisfied in my own mind that, -without the Nine of Hearts to guide him, a man might spend days over -the cryptograph without arriving at the correct solution. - -I had taken no count of the passing time. Engrossed and absorbed in my -occupation, I was surprised, when it had reached what I believed to be -a successful termination, to find that it was nearly six o'clock in the -morning. - - - -IV. - - -Dr. Daincourt called while I was dressing, after a few hours' sleep. -I am not usually a dreamer, but I had a dream so strange that I awoke -with the memory of it in my mind. It was of hands--ladies' hands--every -finger of which was covered with rings. Holding the theory, as I have -already explained, that the imagination during sleep is not creative, -but invariably works upon a foundation of fact, I was endeavoring to -trace the connection between my singular dream and some occurrence or -circumstance within my knowledge, when Dr. Daincourt entered. - -"Well," were his first words, "have you made anything of the letters -which I left with you last night?" - -"I was employed only upon one," I said, "which kept me up until six -o'clock this morning. I don't begrudge the time or the labor, because I -have discovered the clew to Master Eustace Rutland's communications to -his sister." - -"That means," said Dr. Daincourt, excitedly, "that you have discovered -the mystery of the Nine of Hearts." - -"In so far," I replied, "as respects the playing-cards found in Miss -Rutland's desk--yes, I have discovered that part of the mystery; but I -have not yet discovered the mystery of the particular Nine of Hearts -which was found in the pocket of Edward Layton's ulster." - -I showed Dr. Daincourt the result of my labors on the previous night, -and he was delighted and very much interested, but presently his face -became clouded. - -"I am still disturbed," he said, "by the dread that the task you are -engaged upon may bring Miss Rutland into serious trouble." - -"I hope not," was my rejoinder to the remark, "but I shall not allow -considerations of any kind to stop me. Edward Layton is an innocent -man, and I intend to prove him so." - -"If he is innocent," said Dr. Daincourt, "then Miss Rutland must also -be innocent." - -"Undoubtedly," I said, with a cheerful smile, which did much to -reassure the worthy doctor. - -"Have you opened the two sealed letters," asked Dr. Daincourt, "which I -brought from Mrs. Rutland's house?" - -"No," I replied. "I have devoted myself only to the first of the opened -letters found in Miss Rutland's desk. I shall proceed immediately with -the second, and then I shall feel myself warranted in opening and -reading the letters which arrived for Miss Rutland during her illness. -By-the-way, doctor, I have had a singular dream, and upon your entrance -I was endeavoring to track it. It was a dream of ladies' hands, covered -with rings." - -"Any bodies attached to the hands?" inquired Dr. Daincourt, jocosely. - -"No; simply hands. They seemed to pass before my vision, and to rise -up in unexpected places pretty, shapely hands. But it was not so much -the hands that struck me as being singular as the fact that they were -covered with rings of one particular kind." - -"What kind?" - -"I must have seen thousands of rings upon the shapely fingers, and -there was not one that was not set with diamonds and turquoises." - -A light came into Dr. Daincourt's face. - -"And you mean to tell me that you can't discover the connection?" - -"No I can't for the life of me discover it." - -"That proves," said Dr. Daincourt, "how easy it is for a man engaged -upon a serious task to overlook important facts which are as plain as -the noonday sun." - -"What facts have I overlooked, doctor?" - -"Have you the newspapers in the room containing the reports of the -trial?" - -"Give me the one containing the report of the third day's proceedings?" - -I handed it to him, and he ran his eyes down the column in which the -evidence of the waiter in Prevost's Restaurant was reported. - -"The waiter was asked," said Dr. Daincourt, "whether the lady who -accompanied Edward Layton were married, and whether there were rings -upon the lingers of her ungloved hand?" - -"Yes, yes," I cried, "I remember! And the waiter answered that she wore -a ring of turquoises and diamonds. Of course--of course. That explains -my dream." - -"Yes," said Dr. Daincourt, "that explains it." - -"I need no further assurance," I said, "to prove that it was Miss -Rutland who was in Edward Layton's company on the night of the 25th -of March, but I wish you to ask her mother whether the young lady -possesses such a ring, and is in the habit of wearing it. Your face -is clouded again, doctor. You fear that I am really about to bring -trouble upon Miss Rutland. You are mistaken I am working in the cause -of justice. If I prove Edward Layton to be innocent, no shadow of -suspicion can rest upon Miss Rutland. You must trust entirely to me. -Can you not now understand why Edward Layton refused to be defended by -a shrewd legal mind? He would not permit a cross-examination of any of -the witnesses which would bring the name of Mabel Rutland before the -public. To save her honor, to protect her from scandal and calumny, he -is ready to sacrifice himself. He shall not do so. I will prevent it. -Your patient is in a state of delirium, you tell me. She knows nothing -of what passes around her, she recognizes no one, she has not heard of -the peril in which Edward Layton stands. Say that she remains in this -state of ignorance until Edward Layton is sentenced and hanged for a -crime which he did not commit--say, then, that she recovers and hears -of it--reads of it--why, she will go mad! It would be impossible for -her to preserve her reason in circumstances so terrible. There is a -clear duty before us, Dr. Daincourt, and we must not shrink from it. -I need not urge upon you to use your utmost skill to restore Mabel -Rutland to health, and to the consciousness of what is passing around -her. If before Edward Layton is put again upon his trial I do not clear -him, I shall not hesitate to make some kind of appeal to Miss Rutland -which, even should she remain delirious, shall result in favor of the -man who is so nobly and rashly protecting her good name." - -"Remember," said Dr. Daincourt, gravely, "that she is in great danger." - -"You man that she may die soon?" - -"Yes." - -"But not suddenly?" I asked, in alarm. - -"I think not suddenly." - -"Still," I said, "there is a chance of her being restored to health?" - -"Yes, there is a chance of it." - -"If the worst happens," I said, "is it likely that she would recover -consciousness before her death?" - -"It is almost certain that she would." - -"Then it would be necessary," I said, "to take her dying deposition. -Doctor, it is my firm conviction that the man and the woman who entered -Edward Layton's house after midnight on the 25th of March were not -Edward Layton and Mabel Rutland." - -"But the coachman drove them home!" exclaimed Dr. Daincourt. - -"So he said." - -"And took them from Prevost's Restaurant." - -"So he said. Recall that part of the coachman's evidence bearing upon -it. He says that Edward Layton, accompanied by a lady, issued from the -restaurant at five minutes to twelve; that Layton appeared excited; -which he, the coachman, attributed to the fact of his having taken -too much wine. To rebut this we have the evidence of the waiter, who -declared that Layton simply tasted the wine that was ordered. He could -not have drunk half a glass. The man and the woman who came from the -restaurant jumped quickly into the carriage, and but one word, 'Home!' -was uttered in a thick voice. Now, Layton, in his ridiculously weak -cross-examination, put two questions to the witness. 'Did it occur to -you,' he asked, 'or does it occur to you now, that the voice which -uttered that word was not my voice?' The witness replied that it had -not occurred to him. Then Layton said, 'You are certain it was my -voice?' And the witness replied, 'Yes, sir.' To me, these two questions -put by Layton are convincing proof that it was not he who entered the -carriage from Prevost's Restaurant." - -"But he wore his ulster," said Dr. Daincourt. - -"Here, again," I said, "we have evidence which, to my mind, is -favorable. The waiter testifies that when Layton entered the room -in which the supper was ordered he took off his ulster and hung it -on a peg in the wall, at some distance from the table at which he -sat. Moreover, he sat with his back to the coat. Layton, in his -cross-examination, asked the waiter, 'Did I put the overcoat on before -I left the room?' The waiter replied, 'Yes.' The judge intervened with -the rebuke, 'You have said in examination that you did not see the -prisoner and his companion leave the room.' And the witness replied, -'But when I returned, after being away for three or four minutes, -monsieur was gone, and the coat was also gone.' The prisoner put his -last question to the waiter, 'You did not see me put on the overcoat?' -And the witness answered, 'No.' Doctor, I see light. Bring me news of -the ring set with turquoises and diamonds. I shall be at home the whole -of the evening." - -After Dr. Daincourt's departure I made a hurried breakfast, went -through my correspondence, and resumed my task of examining Eustace -Rutland's letters to his sister. The second opened communication was -exactly of the same shape and form as the first which I had deciphered. -I give here an exact copy of it: - - - K 10 N 17 D 6 L 13 C 1 - - 3 R - - A of to distraction start 19 - - 12 awfully yours an till I E - - X at love hard night 5 - - 7 W - - F up angel chester power my 11 - - 14 corner her ida all o'clock G - - 2 - S is death in will T - - 20 - - nine I do Tuesday 15 - - M H - - 8 J 16 V 4 B 18 P 9 - - -The notation of the nine figures, representing the nine pips in the -playing-card, in Eustace's first communication, was 6, 2, 7, 3, 9, 1, -4, 5, 8. Taking as my guide the alphabetical letter A, I found that the -notation in Eustace Rutland's second communication was 3, 6, 1, 5, 2, -9, 4, 8, 7. I placed the playing-card, with its pips cut out, over the -paper, and the following was revealed: - -"Of--street--at--night--chester corner o'clock--nine--Tuesday." - -Arranging these words according to the new notation of figures, they -formed this sentence: - -"At corner of Chester Street Tuesday night nine o'clock." - -"Now," thought I, "this may have been an appointment." - -If so--and nothing was more likely--I could derive no assistance from -it. It conveyed no information, and contained nothing which would -assist me in my inquiries. It was very likely that I should light upon -something further, and I proceeded with my task. The figure immediately -following the alphabetical letter A was 12, which meant, if I were on -the right track, that the second sentence in this communication was -composed of twelve words. I followed the same process I had previously -employed, and the twelve words formed themselves thus: - -"Awfully hard up ida is an angel I love her to distraction." - -So as to finish this communication, I unravelled the last ten words, -and found them to be, - -"I will do all in my power yours till death." - -This I set aside as being intended to convey no meaning. The first -sentence, making an appointment at the corner of Chester Street, -was, whether correct or not, of little importance. I concentrated my -attention upon the second sentence of twelve words: "Awfully hard up -ida is an angel I love her to distraction." - -So the young scamp was hard up again, and knew that his sister would -respond to his appeal. And he was in love, too, and ida was an angel. -Ida, of course, with a capital I. - -I jumped to my feet as if I had been shot. Ida! What was the name of -Mrs. Layton's maid who had given such damning evidence against the man -I meant to set free? Ida White! - -Not a common name. An unusual one. I walked about the room in a state -of great excitement. Ida White, the angel, and Eustace Rutland, -the scamp. But the woman must be at least eight or ten years older -than Eustace. What mattered that? All the more likely her hold upon -him. Young fools frequently fall in love with women much older than -themselves, and when the women get the chance they don't let the -youngsters escape easily. Yes, opposite to each other stood two -men--one a worthless ne'er-do-well, the other a martyr! Opposite to -each other stood two women--one a scheming woman of the world, the -other a suffering, heart-broken girl! I would save the noble ones. Yes, -I would save them! The chain was forming link by link. - - -* * * * * * - - -I broke off here to despatch telegrams to two of my confidential -agents. My instructions to them were to employ themselves immediately -in discovering where Ida White, the maid who had given evidence against -her master at the trial, was living, and having found it, not to lose -sight of her for a single moment, but to set a strict watch upon her, -and to take note of her proceedings and movements, however trivial they -might be. These telegrams being despatched, I returned to my task. - -The two sealed letters which Dr. Daincourt had received from Mrs. -Rutland lay before me. I took up the first, which I knew to be in -Eustace's handwriting. I opened it. It was of a similar nature to the -two I had already examined and interpreted. There is no need here to -repeat the details of the process by means of which I read this third -communication, a copy of which I also append: - - - C 11 S 2 J 11 A 7 N 13 - - 8 G - - H know am I me address 1 - - 16 I I be an D - - M me awful me the 19 - - 4 L - - X innocent laid to that guilty 15 - - 20 find do against you R - - K not charge am not desert 9 - - 14 old swear may where B - - V 10 - - 3 F 17 P 6 W 12 E 5 T - - -I will simply say that the notation was 7,1, 9, 5, 6, 3, 4, 8, 2, and -that the words resolved themselves into the following: - -"Yon know where to find me. The old address." - -"An awful charge may be laid against me. I am not guilty." - -"Do not desert me. I swear that I am innocent." - -I decided that the whole of this was intended to be conveyed to -Mabel Rutland's understanding, and that in the last of Eustace's -communications to his sister there was not one idle word. - -"An awful charge may be laid against me." That charge, undoubtedly, -was the murder of Mrs. Layton. "I am not guilty. I swear that I -am innocent." But all guilty men are ready to swear that they are -innocent. Not a moment was to be lost in setting my agents to work to -discover Eustace Rutland's address as well as the address of Ida White. -I quickly opened the letter which Edward Layton had written in prison -to Mabel Rutland, and which I had posted. It was very short, to the -following effect: - - -"Dear Miss Rutland,--All is well. Have no fear. Do not write to me -until you hear from me again. Believe me, faithfully yours, - - "Edward Layton." - - -Thus it was that he endeavored to keep from the woman he loved the true -knowledge of the peril in which he stood. To save her good name, he was -ready to go cheerfully to his death. - - - -V. - - -I rose early this morning in the expectation of a busy day. Dr. -Daincourt called on Saturday evening, as I had expected, and narrated -to me the result of his inquiries respecting Mabel Rutland's jewellery. -Among it there was a ring set with turquoises and diamonds which had -been given to her by her mother, and which she wore constantly. Dr. -Daincourt had received from Mrs. Rutland further instances of the -profound attachment which Mabel bore for her twin-brother. - -"Deep as was her love," Mrs. Rutland had said, "for Mr. Layton, there -is in her love for her brother an element so absorbing that she would -not hesitate to make the most terrible sacrifices for his sake. My -poor Eustace! It is weeks since I saw him, and I have no idea where he -is. He is not altogether to blame, doctor he has been led away by bad -companions. Ah, when I think of him and Mabel as little children, and -see them, as I often do, playing their innocent games together--when -I think of the exquisite joy we drew from them, and of the heavenly -happiness they were to us, it seems to me that I must be under the -influence of some horrible dream, that things have changed so!" - -At half-past nine o'clock one of my confidential agents, Fowler by -name, made his appearance. - -"Found, sir," was the first thing he said to me. - -"Who?" I quickly asked. - -"Ida White. Living at Brixton. The drawing-rooms. Quite a swell in her -way, sir." - -"Is she living alone?" - -"So far as we can make out. There are two men now on the watch, one to -relieve the other." - -"And Mr. Eustace Rutland?" I asked. - -"Haven't got track of him yet, sir. The week is rather against us." - -"What do you mean by that?" - -"Why, sir, you don't forget that it is Derby week, do you? I suppose -you backed one, but I can give you the straight tip if you want it." - -"I backed Paradox for a couple of sovereigns," I said. (Where is the -man who does not take an interest in the Derby?) - -"Not in it, sir. There is only one horse will win, and that is Melton." - -"But," I said, coming back to the all-engrossing subject I was engaged -upon, "what difference will the Derby week make to you?" - -"Well, you see, sir, London is so full. There is too much rushing about -for calm, steady work. In such a task as ours a man wants a double set -of eyes this week. Suppose my lady takes it into her head to go to the -Derby? It will be all a job not to lose sight of her." - -"What lady do you refer to?" - -"Ida White, to be sure. She's a bit of a blood, sir, and the result of -the Derby may mean a lot to her." - -"Does she bet, then?" - -"There is not much doubt of that, sir." - -"How did you discover it?" - -"Oh, easily enough. We have ways of our own. Why, sir, when I found -out last night where she lives, what did I do an hour afterwards but -present myself to the landlady of the house and ask her whether she -could let me have a room for a week or two? I didn't tell you that -there was a bill in her window, 'A Bedroom to Let to a Single Young -Man.' Well, if I ain't a single young man, what is that to do with -anybody--except my wife? I'm a soft-spoken chap when I like, and -before the landlady and me are together five minutes I'm hand-and-glove -with, her, and already a bit of a favorite. So I take her room and -sleep there last night, and the first thing this morning down-stairs I -am at the street door when the postman comes with the letters. Well, -sir, would you believe it, he delivers five letters, and every one of -them for Miss Ida White? I, opening the door for the postman, take the -letters from him, and hand them one by one to the landlady, who comes -puffing and panting up from the basement she weighs fourteen stone if -she weighs an ounce. 'Miss Ida White,' says I, giving her the first -letter. 'Miss Ida White,' says I, giving her the second letter. 'Miss -Ida White,' says I, giving her the other three, one by one. 'Why, it is -quite a correspondence!' All these letters are from Boulogne, sir, from -betting firms. I know them by their outsides; I believe I should know -them by the smell. Then, sir, there's something else. My lady is fond -of newspapers. What kind of newspapers? Why, the sporting ones, to be -sure. The _Sportsman_, _Sporting Life_, _Sporting Times_, _Referee_, -and the like. Put this and that together, and what do you make of it, -sir?" - -"You are progressing, Fowler," I said. - -"Yes, sir, we're moving. The landlady, bless her heart, she doesn't -suspect what the letters from Boulogne are, but in less than a brace of -shakes I worm out of her that Miss Ida White has received any number of -them since she came to live in the house." - -"Have you an idea what horse she has backed?" - -"I have an idea that she has backed half a dozen, and that neither of -the favorites is among them. When a woman bets, she wants fifty to one -as a rule, and as a rule she gets it, and has to part." - -I debated a moment or two, and then I showed Fowler one of the -envelopes addressed by Eustace Rutland to his sister. - -"Are you certain that none of the envelopes you saw this morning were -addressed in this handwriting?" - -"Quite certain, sir." - -"I should like to see the house that Miss Ida White lives in, Fowler." - -"Nothing easier but I shouldn't go as I am, if I were you." - -"Why not?" - -"Well, you see, she had a pretty long examination in court at the -Layton trial, and you were there all the time. She has sharp eyes in -her head, has Miss Ida White, and she might recognize you, and smell a -rat." - -"You are right. I had better not go." - -"I don't see why you shouldn't, if you let me fix you up." - -"Fix me up?" - -"Yes, sir." - -He took from his pocket a small box of paints, and two or three sets of -wigs and whiskers and mustaches. - -"I always travel with them, sir. I can make myself into another man -in five minutes or so, and as for a change of clothes, any handy -cheap-clothes shop will serve my turn. Put on these sandy whiskers and -mustaches--always hide your mouth, sir--and this sandy wig, and let me -touch you up a bit, and your own mother wouldn't know you." - -I doubted whether she would when I looked at myself in the glass after -carrying out Fowler's instructions, and in less than a quarter of an -hour we were riding in a four-wheeled cab to Brixton. We alighted -within a couple of hundred yards of Miss Ida White's lodgings, and -Fowler took me boldly into the house, requesting me on the way thither -to try and discover the men working under him who were keeping watch -upon the lady's-maid's movements. To his gratification, I failed to -discover them. - -"Then you didn't see me give the office to them?" he asked. - -"No," I replied. - -"I did, though, under your very nose. That is a guarantee to you, sir, -that the thing is being neatly done. Miss White is in the house. If she -were not, my men wouldn't be in the street. Did you hear the snapping -of a lock down-stairs?" - -"No." - -We were sitting at the window of Fowler's room, which was situated on -the second floor. It was the front room, and we could therefore see -into the street. - -"It was the key turning in my lady's room. She is going out. There's -the street door slamming. You heard that, of course?" - -"Yes, I heard that." - -"And there is Miss Ida White crossing the road to the opposite side of -the way, and there, sir, are my men following her, without her having -the slightest suspicion that she is being tracked." - -My sight is strong, and I had a clear view of Ida White. She was -stylishly dressed, and was certainly good-looking. - -"It is my opinion," said Fowler, "that she feathered her nest when she -was in Mrs. Layton's service but I don't care how much money she may -have saved or filched, if she goes on betting on horses the book-makers -will have every penny of it." - -There was nothing more to be done, and feeling somewhat ill at ease in -my disguise, I prepared to leave. - -"I will see you out of the street, sir," said Fowler. "It happens often -enough that watchers are watched, without their being aware of it." - -Before I bade Fowler good-day I impressed upon him that no money was to -be spared in the business had intrusted to him, and that he had better -engage two or three more men, to be ready for any emergency that might -occur. He promised to do so, and I made my way home. - - - -VI. - -THE DAY AFTER THE DERBY. - - -Before commencing an account of what has been done, and what -discovered, I cannot refrain from writing one sentence. Success has -crowned our efforts. - -There is no need here to minutely describe our proceedings on Monday -and Tuesday. Sufficient to say that I was in constant communication -with Fowler--who As a most trustworthy fellow, and shrewd to the tips -of his nails--and that I had occasion on Tuesday to again assume my -disguise. On Tuesday night I saw Dr. Daincourt, and was glad to learn -from him that there was an improvement in Miss Rutland's condition. - -"Due," he observed, "in a great measure to certain assurances I -imparted to her in a voice so distinct and cheerful as to impress -itself upon her fevered imagination." - -"That is good news," I said. "You are administering what she -requires--medicine for the mind." - -I come now at once to the account of one of the most exciting days--the -Derby Day of 1885--I have ever passed through. Fowler was in my house -at seven o'clock in the morning, and brought with him a suit of clothes -which he wished me to wear. He had forewarned me that he intended to -make a change in his own appearance, and I was therefore not surprised -when he presented himself in the guise of a well-to-do farmer who had -come to London to see the Derby. - -"Miss White is going, sir," he said, "and we are going, too. I -have been living in the house with her these last two days, and it -is important that she should not recognize me. I have a piece of -satisfactory information for you. It is an even bet that before this -day is out I bring you face to face with Mr. Eustace Rutland." - -"If you do," said I, "you will lose nothing by it. Bring me into the -same room as that young man, and I will wring from him what I desire to -know." - -"Don't get excited, sir," said Fowler. "Keep cool. You have had a good -night's rest, I hope?" - -"Yes, I slept well." - -"That's right. Make a hearty breakfast, as I am going to do. We shall -need all our strength. It is going to be a heavy day for us." - -"Where does Ida White start from?" I asked. - -"I can't tell you, sir. I pumped the landlady of the house, but she -knew nothing except that a new bonnet had arrived for our lady-bird. -Miss White is as close as wax, but that new bonnet means the Derby, if -it means anything. She can't very well start before nine o'clock, and -we shall be on the watch for her not later than half-past eight. I have -six men engaged in the affair, sir. It will cost something." - -"Never mind the cost," I said "it is the last thing to be considered." - -"That is the way to work to success. Many a ship is spoiled for a -ha'porth of tar. We shall come out of this triumphant, or my name is -not Fowler." - -His confident, hopeful manner inspired me with confidence, and after -partaking of a substantial breakfast we both set out for Brixton. -Fowler had hired a cab by the hour, with a promise of double fare to -the driver, to whom he gave explicit instructions. We did not enter -the house; we lingered at the corner of a street at some distance from -it, and at twenty minutes to ten Miss Ida White closed the street door -behind her. Secret signals passed between Fowler and his men, and we -followed the lady's-maid, the cab which Fowler had engaged crawling in -our rear without attracting attention. Miss White sauntered on until -she came to a cab-stand, and entering a cab, was driven away. We were -after her like a shot. Two other cabs started at the same time, and I -learned from Fowler that they were hired by his men. - -"Don't think I have drawn off all my forces, sir," he said. "Although -Miss White has left the house, there are two men on watch, who will -remain there the whole of the day. She has started early. It will make -it all the easier for us." - -Miss White's cab stopped at Victoria Station, and we stopped also. - -"She's a smart-looking woman, sir," whispered Fowler to me. - -"She has a splendid complexion," I remarked. - -"Put on, sir," said Fowler, smiling.--"put on. Leave a lady's-maid -alone to learn the tricks of the face." - -Ida White purchased a first-class ticket for Epsom Downs, and we did -the same. Had I followed my own judgment I should have avoided the -carriage in which Miss White travelled, but Fowler pushed me in before -him, and got in afterwards, and being under his command, I did not -hesitate. He had purchased a number of newspapers, and shortly after we -started he surprised me by opening a conversation with a stranger. He -spoke with a Lancashire accent, and I should have been deceived by his -voice had he not been sitting by my side. The subject, of course, was -the Derby, and he appeared to be eager to obtain information as to the -merits and chances of the various runners. - -Meanwhile, Miss White, who had also purchased every sporting paper -she saw, had taken from her pocket a Racing Guide, in which the -performances of the horses were recorded. She studied this Guide with -great seriousness, and was continually consulting the newspapers to -ascertain how far the opinions of the sporting prophets agreed with -the information of the authority with which she had provided herself. -"So," thought I, "this young woman, whose whole soul seems wrapped up -in racing matters, is the same young woman who in court declared that -she hated races and betting men." Before we were half an hour on our -journey I felt perfectly at ease in her presence. It was clear that she -considered herself safe, and among strangers. The conversation between -Fowler and the gentleman became more animated; others joined in, and I -observed that Miss White's attention was attracted to their utterances, -Every now and then she made a memorandum in a small metallic book, -and before we arrived at Epsom Downs she allowed herself to be drawn -into conversation, and freely expressed her opinions upon the horses -that were to run for the blue ribbon of the turf. I did not venture to -address her, but Fowler had no fear, and extracted from her the names -of the horses she believed to have the best chances. He slapped his -thigh, and declared that he should back them. - -We alighted at Epsom Downs, and rode to the race-course. The great -rush of the day had not yet set in, but although the Grand Stand was -scarcely a third part filled, there were already many there who had -taken up a favorable position from which to see the principal race of -the day. Fowler improved upon his acquaintance with Miss White, and I -obeyed the instructions he managed to convey to me not to stick too -close to him. I did not lose sight of him, however, and presently he -came and said to me, in an undertone, - -"It's all right, sir; I'm making headway. I've told her where I come -from in Lancashire, and that I am a single man with a goodish bit of -property which has just fallen to me through the death of my father. -I've given her my card--I had some printed yesterday in case they might -be wanted. We are going up-stairs to have a bit of luncheon before the -races commence." - -Up-stairs we went to the luncheon-room, where Fowler called for a -bottle of dry champagne, in which we drank good-luck to each other. It -was only by great exertions that we managed, after lunch, to squeeze -ourselves into the Grand Stand. The crush was terrific up the narrow -stairs, and Miss Ida White would have fared badly had it not been for -Fowler's gallant attentions. - -I have no intention to describe the race. It presented all the usual -features of a Derby, to which I paid but little heed, my attention -being concentrated upon Miss Ida White. She was greatly excited. There -were some book-makers on the Grand Stand shouting out the odds, and she -must have invested at least a dozen sovereigns on different horses, the -odds against which ranged from 40 to 60 to 1. - -The race was over. Melton was hailed the winner. I knew that Miss White -had not backed Melton for a shilling, and I watched the effect the -result of the race had upon her. Her lips quivered, her eyes glared -furiously about. "Ida is an angel, is she?" thought I. "Ah! not much of -the angel there." - -A stampede commenced to the lower ground. The Grand Stand was half -empty. Then it was that I saw a man who had just come up give a secret -look of intelligence to Fowler, after which he strolled a few paces -away, and stood with his back towards Miss White. Fowler joined him -with a negligent air, and very soon returned. - -"I am very sorry you lost," he said to Miss White, "and quite as sorry -that I must wish you good-by." - -He took her aside, and had a brief conversation with her, in the course -of which he slipped something into her palm, upon which her fingers -instantly closed. Shaking hands with her, he beckoned to me, and we -left the Grand Stand. - -"What did you give her?" I asked. - -"Only a card," he said, "with an address in London, to which she -could write to me if she felt inclined. I told her that I had never -seen a lady I admired so much, and that I hoped she would give me the -opportunity of becoming friends with her. In an honorable way--oh, -quite in an honorable way!" he added, with a laugh. - -"And what are you leaving her for now?" I inquired. - -"Because I know where Mr. Eustace Rutland is to be found," he replied. -"It will take two or three hours to get to the place, and I suppose it -is best to lose no time." - -"Decidedly the best," I said "but how about Ida White?" - -"She is safe enough. My men are all around her. She won't be left -for an instant, wherever she may go. The gentleman I entered into -conversation with in the train was one of my fellows. You are a great -lawyer, sir, but I think I could teach you something." - -"I have no doubt you could. Where does Eustace Rutland live?" - -"In Croydon, at some distance from the station." - -We did not reach Croydon until past six o'clock, and it was nearly -another hour before we arrived at the address which Fowler had received. - -"That is the house, sir," he said, pointing to it. "It doesn't look -very flourishing." - -It was one of a terrace of eight sad-looking tenements, two stories in -height, and evidently occupied by people in a humble station of life. - -"Before we go in, sir," said Fowler, "I must put you in possession -of the information I have gained. Mr. Eustace Rutland does not live -there"--I started--"but Mr. Fenwick does. The young gentleman has -thought fit to change his name that is suspicious. He has lived there -the last two weeks, having come probably from some better-known -locality, the whereabouts of which I shall learn by-and-by. When I say -he _came_ from some better-known locality I am not quite exact it will -be more correct to say that he was _brought_ from some better-known -locality. He was very ill, scarcely able to walk, and is still very -weak, I am given to understand. Now, sir, what do you propose to do? -Do you wish me to go in with you, or will you see this young gentleman -alone, without witnesses?" - -"You are the soul of discretion, Fowler," I said, "and of shrewdness. -I must see the young gentleman alone, and without witnesses. Meanwhile -you can remain in the house, ready at my call, if I should require you. -Keep all strangers from the room while I am closeted with him." - -I knocked at the door, and inquired of the woman who opened it for Mr. -Fenwick. She asked me what I wanted, and who Mr. Fenwick was. - -"Mr. Fenwick lodges here," I said. "I am a friend of his, and I wish to -see him." - -"How do you know he lodges here?" asked the woman. - -"Simply," replied Fowler, "because we happen to have received a letter -from him with this address on it. What's your little game, eh, that you -want to deny him to us?" - -As he spoke he pushed his way into the passage, and I followed. The -woman looked helplessly at us, and when Fowler said, with forefinger -uplifted warningly, "Take care what you are about," she replied, "I -don't know what to do; I am only following out my instructions." - -"Your instructions," said Fowler, "were not to prevent Mr. Fenwick's -friends from seeing him." - -"I was told to admit no one," the woman said. - -"And pray who told you?" demanded Fowler. "The lady?" - -"Yes, sir," said the woman. "Miss Porter." - -"Oh, Miss Porter," exclaimed Fowler. "A friend of ours also. -Dark-skinned. Black hair. Black eyes. Red lips. White hands. Rather -slim. About five foot four." - -"Yes, sir," said the woman. - -Fowler had given a pretty faithful description of Miss Ida White. - -"Well, then," said Fowler, whose ready wit compelled my admiration, -"there is no occasion to announce us to Mr. Fenwick. Show this -gentleman the room, and while they're chatting together I will have a -little chat with you." - -"It is on the first floor," said the woman. - -"Of course it is," said Fowler; "the first floor front, the room with -the blind pulled down. Do you think I don't know it? How is the young -gentleman?" - -"Not at all well, sir." - -I heard this reply as I ascended the stairs, in compliance with a -motion of Fowler's head. When I arrived at the door of the room -occupied by Fenwick, otherwise Eustace Rutland, I did not knock, but I -turned the handle and entered. A young gentleman who had been lying on -the sofa jumped up upon my entrance, and cried, - -"Who are you? What do you want?" - -I closed the door, and turned the key in the lock. - -"What do you do that for?" he exclaimed. - -"You will very soon know," I replied. "I am here for the purpose of -having a few minutes' conversation with Mr.--shall I say Fenwick?" - -"It is my name." - -"If I did not come as a friend I should dispute it, and even as a -friend I shall venture to dispute it. Your proper name is Eustace -Rutland." - -He fell back upon the sofa, white and trembling. - -"What do you mean? Why are you here?" he gasped. - -"I will tell you," I said. "The time for evasion and concealment is -past. Your sister--" - -"My sister!" interrupted Eustace. "I do not understand you." - -"You do understand me. You have a sister--a twin-sister--whose name is -Mabel. She lies at the point of death, and you have brought her to it." - -He covered his face with his hands, and I judged intuitively that there -sat before me a young man who, weak-minded and easily led for evil as -he might be, was not devoid of the true instincts of affection. - -"Did you know of her condition?" I asked. - -"No," he replied, in a trembling voice. "Is it true? Is it true?" - -"It is unhappily true, and it may be that it lies in your power to -rescue from the grave the innocent young girl who has devoted her life -and happiness to you." - -"My God! my God!" - -"I will not deceive you. Such happiness cannot come to pass if you are -guilty." - -"I am not guilty!" he cried, starting to his feet. "God knows I am not -guilty!" - -"Swear it," I exclaimed, sternly. - -"By all my hopes of happiness," he exclaimed, falling upon his -knees--"by my dear Mabel's life, by my dear mother's life--I swear that -I am innocent!" - -He was grovelling on the floor, and 1 assisted him to rise. - -"And being not guilty," I said, solemnly, "you were content to remain -in hiding while another man was accused of the crime which neither he -nor you committed! And being not guilty, you would have waited until he -was done to death before you emerged once more into the light of day! -I believe you when you say you did not know of your sister's peril, -but you knew of the peril in which Edward Layton stood. Don't deny it. -Remember, the time of evasion has passed." - -"Yes," he murmured, "I knew it." - -"Why did you not come forward," I said, indignantly, rushing as if by -an inspiration of reasoning to the truth, "to affirm that you and Ida -White were in Prevost's Restaurant, in the very room in which Edward -Layton and your sister entered, on the night of the 25th of March? -Why did you not come forward to affirm that it was you who--by a -devilish prompting--took Edward Layton's ulster, unknown to him, from -the peg upon which it was hanging, and went out with your paramour to -the carriage in which he and your sister had arrived? Answer me. Why -did you not do this, to prevent a noble and innocent man from being -condemned for a murder which he did not commit?" - -"It was no murder!" cried Eustace. "It was no murder! She died by her -own hand!" - -"She died by her own hand!" I echoed, bewildered by this sudden turn in -the complexion of the case. - -"Yes," said Eustace, "by her own hand. Upon the table by her bedside -there was written evidence of it." - -"Which you removed!" I cried. - -"No, not I, not. I! Of which _she_ took possession!" - -"Speak plainly. Whom do you mean by she--Ida White?" - -"Yes." - -I paused. Truth to tell, I was overwhelmed by these disclosures. - -"Bear this steadfastly in mind," I said, presently, in a calm, judicial -tone. "You are in the presence of a man who has sworn to rescue the -innocent. You are in the presence of a man who has sworn to bring the -guilty to justice. Upon me depends your fate. I can save or destroy -you. If by a hair's-breadth of duplicity and evasion you attempt to -deceive me, your destruction is certain. This is the turning-point of -your life. Upon your truthfulness rests your fate. Open your heart to -me, not as to your enemy, but as to your friend, and relate to me, -without equivocation, the true story of your life, from the time you -commenced to plunge into dissipation and disgrace." - -Awed and conscience-stricken, he told me the story. In the course of -his narration I was compelled frequently to prompt and encourage him, -but that, in the result, it was truthfully told I have not a shadow of -doubt. - -His career at college ended, he came to London. There he made the -acquaintance of Edward Layton's father, a man who, although well on in -years, was as weak-minded as he was himself. They entered into a kind -of partnership, in which, no doubt, the elder man, now in his grave, -was the leader and prompter. From Eustace's description of Edward -Layton's father I recognized a man weak-minded as Eustace himself was, -and whose inherent honor and honesty were warped by his fatal passion -for gambling. Old Mr. Layton, for a long time, kept his infatuation -from the knowledge of his son, and it was not until he was actually -involved in crime and disgrace that Edward became aware of it. Long -before this Edward had, through his engagement with Mabel Rutland, -been employed in the helpless task of endeavoring to save her beloved -brother, but when the knowledge of his own father's disgrace was forced -upon him, he knew that all hope of Mabel's father consenting to his -marriage was irretrievably gone. It was not only that the young and the -old man had lost money in betting--it was that they had actually been -guilty of forging bills, which Mr. Beach, the father of the woman whom -Edward Layton afterwards married, held in his possession. It was this -that first took Edward Layton to Mr. Beach's house. Mabel had implored -him to save her darling brother, against whom Mr. Beach had threatened -to take criminal proceedings. I do not at this moment know whether -Edward Layton had revealed to Mabel the disgrace which hung also above -his father but that is immaterial. Agnes Beach, Mr. Beach's only child, -saw and fell in love with Edward Layton, and her father, disreputable -as he was, being devoted to his daughter, was guided by her in all that -subsequently transpired. The bills he held he determinedly refused to -part with, unless Edward Layton married his child. - -In the terrible position in which he was placed, knowing that Mabel -Rutland was lost to him forever--knowing how deeply and devotedly she -loved her brother Eustace--knowing the disgrace which hung over his -own name, he saw no other way to prevent utter ruin than to enter into -this fatal engagement, and to marry a woman whom he did not love. But, -with a full consciousness of the disreputable connection he was about -to form, he laid no pressing injunction upon his father to recognize -the unhappy union; and, indeed, old Mr. Layton, aware that he was in -Mr. Beach's power, was by no means desirous to meet him. Love lost, -honor lost, the sword hanging over his head, Edward Layton submitted -to the sacrifice. There was no duplicity on his part. Agnes Beach knew -full well that he did not love her. He received, as he believed, the -whole of the forged bills which Mr. Beach held, and it was not until -some time after his marriage that he discovered that three of these -fatal acceptances had been withheld from him. At the time he made this -discovery he was leading a most unhappy life with his wife, and on more -than one occasion she taunted him with the power she held over him. - -It was shortly after the marriage that weak-minded Eustace made the -acquaintance of Ida White. She was an attractive woman, well versed in -the wiles of her sex, and she played upon him and entangled him to such -an extent that there was no escape for him. It is unnecessary here to -enter into the details of this connection. It is sufficient to say that -Ida White held Eustace Rutland completely in her power, with a firm -conviction that if she could induce him to marry her, she could, after -the marriage, obtain the forgiveness of Eustace's father--which would -insure her a life of ease and luxury. But there was still a certain -firmness in the young man. - -"Marry me," she said. - -"I will marry you," Eustace replied, "when I get back the forged -acceptances." - -Where were they? In Mrs. Layton's possession. - -Close as was the intimacy which existed between the unhappy lady -and her maid, Mrs. Layton retained so jealous a possession of these -incriminating documents that Ida White was not able to lay her hands -upon them. In the company of Eustace Rutland she was supping in -Prevost's Restaurant on the night of the 25th of March. She had slipped -away from Mrs. Layton's house, as she had often done before, to meet -her young and foolish lover. She saw her master and Mabel enter the -room, and observed Layton taking off his ulster. Then the idea suddenly -entered her head that Eustace and she should personate her master -and the young lady--with a full knowledge how deeply those two were -compromised by their being together and arrive home before them, by -which time, doubtless, Mrs. Layton would be asleep. She knew that under -her pillow Mrs. Layton kept the documents which Eustace frantically -desired to obtain, and the possession of which would make her, Ida -White, his wife. If Mrs. Layton awoke and resisted while the forged -bills were being abstracted, Eustace would be at hand to use force, if -necessary; and it was principally from the wish to compromise her lover -so deeply that he would not dare to break his promise to marry her that -she determined to put her idea into execution. She knew that ordinarily -Edward Layton kept the latch-key of the street door in the pocket of -his ulster. She disclosed the scheme to Eustace, and threatened him -with exposure if he did not do as she desired. It was she who took the -ulster from the wall of the restaurant, and it was she who, secretly -and expeditiously, assisted Eustace to put it on; then they stole out -together and entered the carriage. Before acquainting Eustace with her -design she had ascertained that Edward Layton's carriage was waiting -for him and for Mabel. She trusted to her own resources to keep her -master out of his house after she and Eustace had entered it. - -Here a word is necessary as to the true meaning of Edward Layton's -proceedings during the day and night of the 25th of March. Abandoned -as were the hopes in which he and Mabel had once fondly indulged, she -still relied upon his efforts to save her brother from harm. Eustace -had lost heavily upon certain races. He had made a despairing appeal -to her, and she called upon Layton to assist the erring lad. It was in -the endeavor to discover Eustace that Edward Layton had driven from -place to place to obtain from him the information necessary to rescue -him from his peril. Mabel had, by letter, engaged to meet Edward Layton -in Bloomsbury Square at ten o'clock on the night of that day, in order -that he might relieve her anxiety with respect to her brother. How they -met, and what transpired after they met, have been already sufficiently -detailed. - -Ida White's man[oe]uvres were successful up to a certain point. She -and Eustace entered the carriage, were driven home, and, unsuspected, -obtained entrance into the house. The correspondence between Eustace -and Mabel had been for some time conducted through the medium of the -system of the Nine of Hearts, and it was either by an oversight or by -accident that Eustace, during the drive from Prevost's Restaurant to -Edward Layton's house, took from his own pocket one of these cards and -let it drop into the pocket of the ulster. But when they were safely in -Layton's house, and crept stealthily and noiselessly into Mrs. Layton's -bedroom, they made the horrible discovery that Mrs. Layton, in a moment -of frenzy, had emptied the bottle of poisonous narcotics, and had by -her own will destroyed herself. The proof was at her bedside: When she -had swallowed the fatal pills, the horror of the deed overwhelmed her. -She summoned up sufficient strength to rise in her bed, to take paper -and the pen from the inkstand, and before the death-agony commenced in -her sleep, to write upon that paper the confession which fixed upon her -the crime of suicide. - -Having reached this point of the strange story, I demanded to know from -Eustace Rutland what had become of that confession. - -"Ida took possession of it," he said, "and I have not seen it from that -moment to this." - -"Why did you not come forward and make this public?" I cried. - -"Because," was his reply, "Ida told me that, if what we had done became -known, nothing could save us from the hangman." - -"Did she obtain possession of the forged acceptances?" - -"Yes." - -"How was it that the tumbler from which the fatal draught was taken was -on the mantle-shelf?" - -"Ida placed it there." - -It was enough. The entire facts of this mysterious case were clear to -me. I required nothing more to prove Edward Layton's innocence than the -possession of the document written almost in her death-throes by his -unhappy wife. - -I unlocked the door and called up Fowler. Briefly and swiftly I told -him what was necessary, and said it was not at all improbable that this -document was in Ida White's lodgings at Brixton; and I had scarcely -uttered the words before a rat-tat-tat came at the street door. - -"It is she!" cried Eustace. - -"Who?" I asked, in great excitement. - -"Ida," he replied. - -"It serves our turn exactly, sir," muttered Fowler to me, and then -addressing Eustace, he said, "Is that your bedroom?" pointing to a -communicating door. - -"We will go in there. Let the lady come up." - -We disappeared, leaving the communicating door partially open, and the -next minute I heard Ida White's voice. - -"Cursed luck!" she cried. "I've lost eighty-five pounds to-day. I tell -you what it is, Eustace--if we can't wheedle your old governor into -forgiving us after we are married, we shall have to turn book-makers -ourselves. You shall take the bets, and I will do the clerking. It will -be a novelty, and we shall make pots of money." - -Eustace did not reply. - -"Why don't you speak?" she continued. "Are you struck dumb?" - -Then came Eustace's voice, like the cry of a despairing soul: - -"You are a devil! Why have you driven me to this? I hate you, hate you, -hate you! You fiend, you have killed my sister!" - -Fowler did not wait for me to act. He seized me by the arm, and pulled -me after him into the room. - -"What!" screamed Ida "you two!" - -"Yes," said Fowler--and in the midst of my own excitement I could not -avoid observing the expression of calm satisfaction on his face--"we -two." - -"What are you here for?" - -"For reasons, Ida White," replied Fowler, "which may or may not be -fatal to yourself. Follow what I am about to say. We have here a -confession from this young gentleman which, if true--that is, if it can -be proved by documentary evidence--will bring undoubted disgrace upon -you, but neither death by the hangman's hands nor penal servitude for -life." - -She recoiled, and echoed, - -"Death! Penal servitude for life!" - -"It is exactly as I have said. Death by the hangman's hands or penal -servitude for life. All is known. Your theft of the ulster at Prevost's -Restaurant, and everything else. Your liberty at this moment rests upon -a written document. If it never existed, or if you have destroyed it, -you are doomed. If it exists, you are saved." - -"You are a madman!" she cried, but her face was blanched, and her -figure expressed the most abject terror. - -"I am an officer of the law," said Fowler. "Now do you understand? If -the confession written by Mrs. Edward Layton, and which, after her -death, you took from the table by her bedside, is in existence, you -have nothing to fear. If it is not, you are a lost woman. No words, no -parleying! It is life or death for you! The moment has come. Decide. -Which way?" - -Utterly overpowered, Ida White replied, with hands tremblingly raised, -as if for mercy, - -"I have the paper." - -"Where?" - -Her hands wandered to her pocket, and she took a purse from it. - -"Here!" - -"There is something else, lady-bird." - -"What?" - -"The papers you stole from underneath your mistress's pillow. Ah! -you have those also! Hand them over. Thank you, lady-bird. Very -satisfactory --very satisfactory indeed. A happy termination to a most -remarkable case!" - - - -VII. - -"August 27, 1885. - -"Dear Mr. Laing, My intermediate letters will have placed you in -possession of all that has occurred. Edward Layton is released with -honor, and it has been the subject of hundreds of leading articles -that the obstinacy of one juryman, who refused to be guided by -circumstantial evidence, saved a noble young fellow from an unjust -death. A great blow has been struck against the jury system. Eleven men -wrong, and one man right!--people could hardly believe it. But it was -so in this instance, and I have no doubt it has been so in others. You -being now a married man, domestically happy and contented, the news I -have to impart will give you pleasure. Edward Layton is in Switzerland. -He has gone upon a long summer and autumn tour. Alone? No. Mabel -Rutland, restored to health, is with him. Well, but that is not enough? -I take a satisfaction in prolonging the interest. I could almost fancy -myself a novelist. Mr. and Mrs. Rutland are also of the company, and it -is Mr. Rutland himself who invited Edward Layton to travel with them. -In less than a year from this date the lovers will be united, and faith -and self-sacrifice will be rewarded. Mr. James Rutland, Mabel's uncle, -to whose obstinacy Edward Layton undoubtedly owes his life, and before -whose obstinacy Justice should bow, is also travelling with them. No -one else? Yes. Mabel's brother, Eustace, repentant, humbled, reformed. - -"I have had painted for me a very simple picture on a large canvas. It -is the Nine of Hearts, which I intend shall always occupy the place -of honor in my house. It cannot fail to attract attention, and when -inquiries are made about it I shall have a story to tell. - -"With a full appreciation of your rare generosity, I remain, dear sir, - -"Yours faithfully, - -"Horace Bainbridge." - - - -THE END. - - - - - - - - - -End of the Project Gutenberg EBook of The Nine of Hearts, by B. L. 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Thus, we do not -necessarily keep eBooks in compliance with any particular paper -edition. - -Most people start at our Web site which has the main PG search -facility: www.gutenberg.org - -This Web site includes information about Project Gutenberg-tm, -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. - diff --git a/old/53085-8.zip b/old/53085-8.zip Binary files differdeleted file mode 100644 index 881e3bb..0000000 --- a/old/53085-8.zip +++ /dev/null diff --git a/old/53085-h.zip b/old/53085-h.zip Binary files differdeleted file mode 100644 index 54e6aa1..0000000 --- a/old/53085-h.zip +++ /dev/null diff --git a/old/53085-h/53085-h.htm b/old/53085-h/53085-h.htm deleted file mode 100644 index 8ce5328..0000000 --- a/old/53085-h/53085-h.htm +++ /dev/null @@ -1,6693 +0,0 @@ -<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> -<html> -<head> -<title>The Nine of Hearts. A Novel.</title> -<meta name="Author" content="B. L. Farjeon"> -<meta name="Publication" content="Harper's Handy Series No. 107"> - -<meta name="Publisher" content="Harper and Brothers"> -<meta name="Date" content="1886"> -<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"> -<style type="text/css"> -body {margin-left:10%; - margin-right:10%; background-color:#FFFFFF;} - - -p.normal {text-indent:.25in; text-align: justify;} - -p.right {text-align:right; margin-right:20%;} - -p.continue {text-indent: 0in; margin-top:9pt;} - -h1,h2,h3,h4,h5 {text-align: center;} - -span.sc {font-variant: small-caps; font-size:110%;} -span.sc2 {font-variant: small-caps; font-size:90%;} - -hr.W10 {width:10%; color:black; margin-top:0pt; margin-bottom:0pt} - -hr.W20 {width:20%; color:black; margin-top:12pt; margin-bottom:12pt} - -hr.W50 {width:50%; color:black;} -hr.W90 {width:90%; color:black;} - -p.hang1 {margin-left:3em; text-indent:-3em;} -p.hang2 {margin-left:3em; text-indent:0em;} - -</style> - -</head> - -<body> - - -<pre> - -The Project Gutenberg EBook of The Nine of Hearts, by B. L. Farjeon - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Nine of Hearts - A Novel - -Author: B. L. Farjeon - -Release Date: September 18, 2016 [EBook #53085] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE NINE OF HEARTS *** - - - - -Produced by Charles Bowen from page scans provided by the -Web Archive (The Library of Congress) - - - - - - -</pre> - - -<br> -<br> -<br> -<br> -<br> -<br> -<p class="hang1">Transcriber's Notes:<br> -1. Page Scan Source:<br> -https://archive.org/details/nineofheartsnove00farj<br> -(The Library of Congress)</p> - -<br> -<br> -<br> -<br> -<br> -<br> -<p class="center"><img src="images/cover_page.png" alt="cover"></p> -<br> -<br> -<br> -<br> -<br> -<br> -<table cellpadding="10" style="width:90%; margin-left:5%; font-weight:bold"> -<colgroup><col style="width:25%; vertical-align:top; text-align:right"><col style="width:75%; vertical-align:top; text-align:left"></colgroup> -<tr> -<td colspan="2"><h4>CONTENTS</h4></td> -</tr><tr> -<td colspan="2"> -<h3><a name="div1Ref_01.0" href="#div1_01.0">Part the First</a></h3> -<h4>The Trial of Edward Layton.</h4></td> -</tr><tr> -<td><a name="div1Ref_01.1" href="#div1_01.1">I.</a></td> -<td>A Strange Decision.</td> -</tr><tr> -<td><a name="div1Ref_01.2" href="#div1_01.2">II.</a></td> -<td>The Evidence of James Moorhouse, Coachman.</td> -</tr><tr> -<td><a name="div1Ref_01.3" href="#div1_01.3">III.</a></td> -<td>The Evidence of Adolf Wolfstein, Waiter.</td> -</tr><tr> -<td><a name="div1Ref_01.4" href="#div1_01.4">IV.</a></td> -<td>The Evidence of Lumley Rich, Detective Officer--The Nine of Hearts.</td> -</tr><tr> -<td><a name="div1Ref_01.5" href="#div1_01.5">V.</a></td> -<td>The Evidence of Ida White, Lady's Maid.</td> -</tr><tr> -<td><a name="div1Ref_01.6" href="#div1_01.6">VI.</a></td> -<td>Description of the Last Day's Proceedings--Extracted from a Daily Paper.</td> -</tr><tr> -<td></td> -<td></td> -</tr><tr> -<td colspan="2"> -<h3><a name="div1Ref_02.0" href="#div1_02.0">Part the Second</a></h3> -<h4>The Cable Message from America.</h4></td> -</tr><tr> -<td></td> -<td></td> -</tr><tr> -<td colspan="2"><h3><a name="div1Ref_03.0" href="#div1_03.0">Part the Third</a></h3> -<h4>The Mystery of the Nine of Hearts.</h4></td> -</tr><tr> -<td><a name="div1Ref_03.1" href="#div1_03.1">I.</a></td> -<td></td> -</tr><tr> -<td><a name="div1Ref_03.2" href="#div1_03.2">II.</a></td> -<td></td> -</tr><tr> -<td><a name="div1Ref_03.3" href="#div1_03.3">III.</a></td> -<td></td> -</tr><tr> -<td><a name="div1Ref_03.4" href="#div1_03.4">IV.</a></td> -<td></td> -</tr><tr> -<td><a name="div1Ref_03.5" href="#div1_03.5">V.</a></td> -<td></td> -</tr><tr> -<td><a name="div1Ref_03.6" href="#div1_03.6">VI.</a></td> -<td>The Day after the Derby.</td> -</tr><tr> -<td><a name="div1Ref_03.7" href="#div1_03.7">VII.</a></td> -<td></td> -</tr></table> -<br> -<br> -<br> -<br> -<br> -<br> -<h3>THE NINE OF HEARTS.</h3> -<br> -<br> -<br> -<br> -<br> -<h3><a name="div1_01.0" href="#div1Ref_01.0">PART THE FIRST.</a></h3> - -<h4>THE TRIAL OF EDWARD LAYTON.</h4> -<br> -<br> -<br> -<br> -<h4><a name="div1_01.1" href="#div1Ref_01.1">I.</a></h4> - -<h5>A STRANGE DECISION.</h5> -<br> - -<p class="normal">This morning, at the Central Criminal Court, Mr. Justice -Fenmore resumed the trial of Edward Layton for the wilful murder of his wife, -Agnes Layton, on the morning of the 26th of March, by the administration of -poisonous narcotics in such quantities as to produce death. Extraordinary as was -the excitement caused by yesterday's proceedings, the public interest in this -mysterious murder was intensified by the strange decision arrived at by the -prisoner on this the third day of his trial.</p> - -<p class="normal">The Attorney-general, Mr. J. Protheroe, Q.C., and Mr. Standing -conducted the case on behalf of the Crown.</p> - -<p class="normal">The widely spread rumor that an episode of a startling -character was impending, received confirmation immediately upon the entrance of -the prisoner in the dock. He presented a care-worn appearance, and while the -usual formalities were in progress, it was observed that he and his counsel (Mr. -Bainbridge, Q.C.) were in earnest consultation, and it appeared as if the -learned gentleman were endeavoring to overcome some resolution which the -prisoner had formed. At the termination of this conversation Mr. Bainbridge, -turning to the Bench, said,</p> - -<p class="normal">"I have to claim your lordship's indulgence for a statement -which I find it necessary to make. It is in the remembrance of your lordship -that on the first day of this trial the prisoner was undefended, being, as it -appeared, resolutely determined to defend himself. Yesterday morning--that is, -upon the second day of the trial--I informed your lordship that the prisoner had -been prevailed upon by his friends to intrust his defence to me. Being satisfied -in my own mind that nothing would occur to disturb this arrangement--which I -venture to say was an advisable one--I did not feel called upon to mention that -the prisoner's consent to accept legal aid was very reluctantly given. That this -was so, however, is proved by what has since transpired. Both in writing and by -word of mouth the prisoner now insists upon conducting his own case, and has -distinctly informed me that he will not permit me to act for him. I am empowered -to say that his decision is not in any sense personal to myself. It is simply, -and regrettably, that he has resolved not to be defended or represented by -counsel. In these circumstances I have no option but to place myself in your -lordship's hands."</p> - -<p class="normal">Prisoner. "My lord--"</p> - -<p class="normal">Mr. Justice Fenmore. "Silence. Your counsel will speak for -you."</p> - -<p class="normal">Prisoner. "My lord, I have no counsel. I am defending myself, -and no person shall speak for me."</p> - -<p class="normal">Mr. Justice Fenmore. "Prisoner at the bar, it is my duty to -tell you that the decision at which you have arrived is grave and unwise."</p> - -<p class="normal">Prisoner. "Of that, my lord, I am the best judge."</p> - -<p class="normal">Mr. Justice Fenmore. "You may not be. It is scarcely necessary -for me to point out to you, a man of intelligence and good education, that there -are points in every case, and especially in a case so momentous as this, which -an unjudicial, or, to speak more correctly, a mind not legally trained, is -almost certain to overlook."</p> - -<p class="normal">Prisoner. "I understand your lordship, and I thank you but if -my acquittal of the terrible crime for which I am now being tried is to be -brought about by legal technicalities, I shall prefer not to owe my release to -those means. I, better than any man here--unless, indeed, the actual murderer be -present--know whether I am innocent or guilty, and in the course I have -determined to pursue I am acting in what I believe to be my best interests. Your -lordship has referred to me as a man of intelligence and good education. These -qualifications will sufficiently serve me, but I do not rely upon them alone. I -have really had some sort of legal training, and as I assuredly know that I -shall conduct my own defence in a manner which will recommend itself to my heart -and my conscience, so do I believe that, if I choose to exercise it--and I -suppose most men in my position would so choose--I have legal knowledge -sufficient for my needs. The learned counsel who has addressed your lordship has -put the matter most fairly. My consent that he should defend me was reluctantly -given, and I reserved to myself the right to withdraw it. He has mentioned that -this withdrawal is not personal to himself. It is true. To him, above all -others, would I intrust my defence, were it not that I have cogent and -imperative reasons for trusting no man. I shall not displease one so earnest and -high-minded as he when I state that he once gave me his friendship, and that I -felt honored by it. Your lordship will pardon me for this statement, the -admission of which I feel to be unusual in such a case. I have made it only for -the purpose of emphasizing his correct view. My lord, I stand upon my rights. I -will conduct my own defence."</p> - -<p class="normal">The trial was then proceeded with.<br> -<br> -<br> -<br> -<h4><a name="div1_01.2" href="#div1Ref_01.2">II.</a></h4> - -<h5>THE EVIDENCE OF JAMES MOORHOUSE, COACHMAN.</h5> -<br> - -<p class="normal">The first witness called was James Moorhouse, whose -examination was looked forward to with great interest, as likely to tell heavily -either for or against the prisoner. He is a sturdy man, of middle age, with an -expression of intense earnestness in his face, and although he gave his evidence -in a perfectly straightforward manner, it was apparent that his sympathies were -with the prisoner.</p> - -<p class="normal">The Attorney general. "Your name is James Moorhouse?"</p> - -<p class="normal">Witness. "It is, sir."</p> - -<p class="normal">The Attorney-general. "Were you in the prisoner's employment?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "In what capacity?"</p> - -<p class="normal">Witness. "As his coachman."</p> - -<p class="normal">The Attorney-general. "For how long were you so employed?"</p> - -<p class="normal">Witness. "For a matter of three years."</p> - -<p class="normal">The Attorney-general. "Are you a teetotaler?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "During the three years you worked for -the prisoner were you in the habit of driving him out regularly?"</p> - -<p class="normal">Witness. "Yes, sir pretty nearly every day."</p> - -<p class="normal">The Attorney-general. "Were you the only coachman on the -establishment?"</p> - -<p class="normal">Witness. "I was, sir."</p> - -<p class="normal">The Attorney-general. "Being in his employment so long, you -are, I suppose, perfectly familiar with his figure?"</p> - -<p class="normal">Witness. "I am, sir without hearing his voice, I should know -him in the dark."</p> - -<p class="normal">The Attorney-general. "You are sure of that?"</p> - -<p class="normal">Witness. "Quite sure, sir."</p> - -<p class="normal">The Attorney-general. "Is your eyesight good?"</p> - -<p class="normal">Witness. "It is very strong. I can see a longish way."</p> - -<p class="normal">The Attorney-general. "You have been in the habit of driving -the prisoner often at night?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "And your eyes, therefore, have got -trained to his figure, as it were?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "You have had to look out for him on -dark nights from a distance?"</p> - -<p class="normal">Witness. "I have had to do that, sir."</p> - -<p class="normal">The Attorney-general. "When the people were coming out of a -theatre, for instance?"</p> - -<p class="normal">Witness. "Yes, sir; and at other places as well."</p> - -<p class="normal">The Attorney-general. "Therefore, it is not likely you could -be mistaken in him?"</p> - -<p class="normal">Witness. "It is hardly possible, sir."</p> - -<p class="normal">The Attorney-general. "You remember the night of the 25th of -March?"</p> - -<p class="normal">Witness. "Yes, sir, and the day too."</p> - -<p class="normal">The Attorney-general. "Why do you include the day in your -answer?"</p> - -<p class="normal">Witness. "Because it was the hardest day's work I have done -for many a year."</p> - -<p class="normal">The Attorney-general. "The hardest day's driving, do you -mean?"</p> - -<p class="normal">Witness. "Yes, sir. I was on the box from eleven o'clock in -the morning till an hour past midnight."</p> - -<p class="normal">The Attorney-general. "Driving your master, the prisoner?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "And no other person?"</p> - -<p class="normal">Witness. "Not till evening, sir. It was about--"</p> - -<p class="normal">The Attorney-general. "We will come to the particulars -presently. You were not driving all the time?"</p> - -<p class="normal">Witness. "No, sir; the horses couldn't have stood it."</p> - -<p class="normal">The Attorney-general. "Do you mean that there were stoppages?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "Did the prisoner usually work his -horses so hard?"</p> - -<p class="normal">Witness. "Not at all, sir. He was a good master to man and -beast."</p> - -<p class="normal">The Attorney-general. "Why do you look so frequently at the -prisoner?"</p> - -<p class="normal">Witness. "I can't tell you, sir, except that I shouldn't like -to say anything to hurt him."</p> - -<p class="normal">The Attorney-general. "But you are here to speak the truth."</p> - -<p class="normal">Witness. "I intend to speak it, sir."</p> - -<p class="normal">The Attorney-general. "For reasons which you have given, your -remembrance of what occurred on the 25th of March is likely to be exceptionally -faithful?"</p> - -<p class="normal">Witness. "For those and other reasons, sir."</p> - -<p class="normal">The Attorney-general. "Now, commence on the morning of that -day. What were your first instructions?"</p> - -<p class="normal">Witness. "To be ready with the carriage at eleven o'clock."</p> - -<p class="normal">The Attorney-general. "You were ready?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "In what way did you fix the time? By -guessing?"</p> - -<p class="normal">Witness. "By my watch, sir--the best time-keeper in London."</p> - -<p class="normal">The Attorney-general. "At eleven o'clock, then, you were on -the box, waiting for your master?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "He came out to you?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "Did he tell you immediately where to -drive to?"</p> - -<p class="normal">Witness. "Not immediately, sir. He stood with his hand on the -carriage door, and seemed to be considering."</p> - -<p class="normal">The Attorney-general. "Did he remain long considering?"</p> - -<p class="normal">Witness. "For three or four minutes, sir--which seemed a -longish time."</p> - -<p class="normal">The Attorney-general. "And then?"</p> - -<p class="normal">Witness. "Then he told me to drive to Finchley."</p> - -<p class="normal">The Attorney-general. "What address did he give you?"</p> - -<p class="normal">Witness. "None in particular, sir. He said, 'Drive to -Finchley, on the road to High Barnet. I will tell you when to stop."</p> - -<p class="normal">The Attorney-general. "Well?"</p> - -<p class="normal">Witness. "I drove as directed, and when we were about midway -between Finchley and High Barnet he called to me to stop."</p> - -<p class="normal">The Attorney-general. "Were you then at the gate, or in the -front of any house?"</p> - -<p class="normal">Witness. "No, sir. We were on the high-road, and there was no -house within twenty yards of us."</p> - -<p class="normal">The Attorney-general. "Are you familiar with the locality?"</p> - -<p class="normal">Witness. "No, sir, I am not."</p> - -<p class="normal">The Attorney-general. "You had never driven your master there -before?"</p> - -<p class="normal">Witness. "Never, sir."</p> - -<p class="normal">The Attorney-general. "Would you be able to mark the point of -stoppage on a map of the road between Finchley and High Barnet?"</p> - -<p class="normal">Witness. "I will try, sir, but I shouldn't like to be -positive."</p> - -<p class="normal">(A map was here handed to the witness, who, after a careful -study of it, made a mark upon it with a pencil.)</p> - -<p class="normal">The Attorney-general. "You will not swear that this is the -exact spot?"</p> - -<p class="normal">Witness. "No, sir."</p> - -<p class="normal">The Attorney-general. "But to the best of your knowledge it -is?"</p> - -<p class="normal">Witness. "Yes, sir, to the best of my knowledge."</p> - -<p class="normal">The Attorney-general. "The prisoner called to you to stop. -What then?"</p> - -<p class="normal">Witness. "I drew up immediately, and he got out."</p> - -<p class="normal">The Attorney-general. "What were his next instructions?"</p> - -<p class="normal">Witness. "He told me to wait for him, and to turn the horses' -heads."</p> - -<p class="normal">The Attorney-general. "Towards London?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "Did he say how long he would be away?"</p> - -<p class="normal">Witness. "About five or ten minutes, he said."</p> - -<p class="normal">The Attorney-general. "In point of fact, how long was it -before he returned?"</p> - -<p class="normal">Witness. "Thirty-two minutes by my watch."</p> - -<p class="normal">The Attorney-general. "You always time yourself?"</p> - -<p class="normal">Witness. "Yes, sir, always it's a habit."</p> - -<p class="normal">The Attorney-general. "Did he make any remark upon his return, -about his being away longer than he expected?"</p> - -<p class="normal">Witness. "No, sir. He seemed to be occupied with something."</p> - -<p class="normal">The Attorney-general. "Occupied in thinking of something?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "When he left you, in which direction -did he go?"</p> - -<p class="normal">Witness. "He walked on towards High Barnet till he came to a -bend in the road. He went round that and I lost sight of him."</p> - -<p class="normal">The Attorney-general. "Did he return the same way?"</p> - -<p class="normal">Witness. "No, sir he startled me a bit."</p> - -<p class="normal">The Attorney-general. "How?"</p> - -<p class="normal">Witness. "I was looking out for him in the direction he had -taken, when I suddenly heard him speak at my elbow."</p> - -<p class="normal">The Attorney-general. "How do you account for it?"</p> - -<p class="normal">Witness. "He must have taken a short cut back across some -fields. If I had been on my box I might have seen him, but I was standing in the -road, and there was a hedge, more than man high, on the side he came back to -me."</p> - -<p class="normal">The Attorney-general. "What did you do when he reappeared?"</p> - -<p class="normal">Witness. "I prepared to start."</p> - -<p class="normal">The Attorney-general. "Did he tell you immediately where to -drive to?"</p> - -<p class="normal">Witness. "No, sir. He stood considering, just as he did when -we first set out."</p> - -<p class="normal">The Attorney-general. "And then?"</p> - -<p class="normal">Witness. "He told me to drive back the way we had come, but -not to drive too quickly."</p> - -<p class="normal">The Attorney-general. "You did so?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "Where did you next stop?"</p> - -<p class="normal">Witness. "Midway between Finchley and Crouch End."</p> - -<p class="normal">The Attorney-general. "At a house?"</p> - -<p class="normal">Witness. "No, sir; at a part of the road where there were no -houses."</p> - -<p class="normal">The Attorney-general. "He called to you, as before, to stop?"</p> - -<p class="normal">Witness. "Yes, sir. He got out, and said, 'Moorhouse, meet me -here in about an hour or an hour and a quarter.' I said, 'Yes, sir,' and I asked -him whether I should bait the horses at an inn we had passed half a mile down -the road. He did not answer me, but walked quickly away."</p> - -<p class="normal">The Attorney-general. "Can you say why he did not answer you?"</p> - -<p class="normal">Witness. "No, sir, except that he did not hear me."</p> - -<p class="normal">The Attorney-general. "You spoke distinctly?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "Have you observed, at any time during -your employment, that he was at all deaf?"</p> - -<p class="normal">Witness. "No, sir; but he seemed, the whole of that day, to -have something on his mind which kept him from thinking of anything else, or -attending to it."</p> - -<p class="normal">The Attorney-general. "After he walked quickly away, what did -you do?"</p> - -<p class="normal">Witness. "As I had more than an hour to spare I drove back to -the inn I spoke of, and baited my horses, and had a bite of bread-and-cheese -myself."</p> - -<p class="normal">The Attorney-general. "Anything to drink?"</p> - -<p class="normal">Witness. "A bottle of ginger-beer."</p> - -<p class="normal">The Attorney-general. "Timing yourself as usual, were you back -on the spot you left the prisoner at the end of the hour and a quarter?"</p> - -<p class="normal">Witness. "To the minute."</p> - -<p class="normal">The Attorney-general. "Was he waiting for you?"</p> - -<p class="normal">Witness. "No, sir. I saw nothing of him for another two -hours."</p> - -<p class="normal">The Attorney-general. "Did he return by the road he quitted -you?"</p> - -<p class="normal">Witness. "No, sir. He came back another way."</p> - -<p class="normal">The Attorney-general. "As before?"</p> - -<p class="normal">Witness. "Yes, sir, as before."</p> - -<p class="normal">The Attorney-general. "What time was it then?"</p> - -<p class="normal">Witness. "Seven o'clock."</p> - -<p class="normal">The Attorney-general. "Was it getting dark?"</p> - -<p class="normal">Witness. "It was already dark, sir, and beginning to drizzle."</p> - -<p class="normal">The Attorney-general. "What were the next instructions?"</p> - -<p class="normal">Witness. "To drive to the Metropolitan Music Hall, Edgeware -Road."</p> - -<p class="normal">The Attorney-general. "You drove there?"</p> - -<p class="normal">Witness. "Yes, sir, and my master got out."</p> - -<p class="normal">The Attorney-general "Saying what?"</p> - -<p class="normal">Witness. "Moorhouse,' he said, 'I don't know how long I shall -remain here. It may be an hour or only a few minutes. Keep near.'"</p> - -<p class="normal">The Attorney-general. "You obeyed his instructions?"</p> - -<p class="normal">Witness. "Yes, sir. I kept within hail, and my master came out -at half-past nine."</p> - -<p class="normal">The Attorney-general. "Alone?"</p> - -<p class="normal">Witness. "No, sir. He was accompanied by a man."</p> - -<p class="normal">The Attorney-general. "A young or an old man?"</p> - -<p class="normal">Witness. "I can't say."</p> - -<p class="normal">The Attorney-general. "But you saw him?"</p> - -<p class="normal">Witness. "Only his back. They walked away from the carriage."</p> - -<p class="normal">The Attorney-general. "There is generally something in the -gait of a man which, within limits, denotes his age--that is to say, as whether -he is young or old? Cannot you be guided by that fact?"</p> - -<p class="normal">Witness. "No, sir. I paid no particular attention to him. It -was my master I was chiefly observing."</p> - -<p class="normal">The Attorney-general. "You have not the slightest idea as to -the age of the man who came out of the Metropolitan Music Hall with the -prisoner?"</p> - -<p class="normal">Witness. "Not the slightest, sir."</p> - -<p class="normal">The Attorney-general. "Did you observe nothing particular as -to his dress? Was there any peculiarity about it?"</p> - -<p class="normal">Witness. "I observed nothing particular about him. Whatever I -might say of the man, paying such little attention to him, wouldn't be worth -much."</p> - -<p class="normal">The Attorney-general. "I recognize that you are giving your -evidence in a very fair manner, and if I press you upon any point it is for the -purpose of assisting your memory. You recollect that the prisoner on that night -wore a coat of a distinct pattern?"</p> - -<p class="normal">Witness. "Yes, sir. He had on an ulster with a Scotch check, -which couldn't be mistaken."</p> - -<p class="normal">The Attorney-general. "What was it lined with?"</p> - -<p class="normal">Witness. "With blue cloth."</p> - -<p class="normal">The Attorney-general. "He wore this ulster when he entered the -music hall?"</p> - -<p class="normal">Witness. "Yes, sir, and when he came out of the music hall."</p> - -<p class="normal">The Attorney-general. "It is this which makes me think it -likely you might have observed some distinguishing mark in the dress of the man -who came out with him?"</p> - -<p class="normal">Witness. "I have nothing in my mind, sir, respecting his -dress."</p> - -<p class="normal">The Attorney-general. "Very well, I will no longer press it. -As to his height?"</p> - -<p class="normal">Witness. "As well as I can remember, he was about the same -height as my master."</p> - -<p class="normal">The Attorney-general. "Did you notice the color of his hair, -or whether it was long or short?"</p> - -<p class="normal">Witness. "No, sir."</p> - -<p class="normal">The Attorney-general. "If it had been long white hair, you -would most likely have noticed it?"</p> - -<p class="normal">Witness. "In that case, yes, sir."</p> - -<p class="normal">The Attorney-general. "We may assume, then, that he had not -long white hair?"</p> - -<p class="normal">Witness. "I think I am safe in saying that much."</p> - -<p class="normal">The Attorney-general. "Or white hair at all?"</p> - -<p class="normal">Witness. "I shouldn't like to commit myself there, sir. If his -hair had been white and short, I don't think it would have struck me."</p> - -<p class="normal">The Attorney-general. "Did he and the prisoner walk out of -sight?"</p> - -<p class="normal">Witness. "No, sir. They walked to the corner of a street, and -stood there talking for a little while--I should say for fifteen or twenty -minutes. Then the man went away, down the street, which hid him from me, and my -master returned to the carriage."</p> - -<p class="normal">The Attorney-general. "While they were talking, their backs -were still turned to you?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "Was there anything observable in their -manner of conversing? Were they calm? Did they remain perfectly still?"</p> - -<p class="normal">Witness. "No, sir. My master was calm enough, but his -companion appeared to be very excited. My master seemed to be trying to persuade -him to do something."</p> - -<p class="normal">The Attorney-general. "From their attitude, should you have -assumed that his arguments prevailed?"</p> - -<p class="normal">Witness. "I can't possibly say, sir."</p> - -<p class="normal">The Attorney-general. "Well, then, the man went away and the -prisoner returned to you. What were his next directions?"</p> - -<p class="normal">Witness. "To drive to Bloomsbury Square, and stop where he -directed me."</p> - -<p class="normal">The Attorney-general. "You did so?"</p> - -<p class="normal">Witness. "Yes, sir. When we reached the square in Queen Street -he pulled the check-string, and I stopped there. He got out of the carriage and -looked about him."</p> - -<p class="normal">The Attorney-general. "As if in search of some person?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "Did he make any remark to you?"</p> - -<p class="normal">Witness. "He said, 'If you see a young lady in a gray cloak -pass by, you can tell her I am in the square.'"</p> - -<p class="normal">The Attorney-general. "Did he remain with you after that?"</p> - -<p class="normal">Witness. "No, sir; he walked right round the square. When he -came up to me he asked if I had seen a young lady dressed as he had described. -I. told him no, I hadn't, and he bade me keep a sharp lookout, and left me -again."</p> - -<p class="normal">The Attorney-general. "To walk round the square again?"</p> - -<p class="normal">Witness. "Yes, sir. He walked round three or four times, I -should say, and every time he came up to me he asked me if I was sure I had not -seen the young lady; if I was sure she had not passed me. I gave him the same -answer as I did before, and he left me again. He could not have been more than -half-way round when I saw a lady in a gray cloak coming my way. She was walking -hurriedly, and looking about her. I advanced to speak to her, but she started -back the moment I made a step towards her, and ran to the other side of the -road, and crossed into the square at a distance from me. I should have gone up -to her had I not been afraid to leave my horses; but seeing that she began to -walk round the square in the opposite direction my master had taken, I was -satisfied that they must meet."</p> - -<p class="normal">The Attorney-general. "In point of fact, did they meet? Relate -what you saw that bears upon it."</p> - -<p class="normal">Witness. "A little while afterwards I saw them together, -talking to each other. They did not walk on the pavement close to the houses, -but on the other side, close to the railings. I don't know how many times they -made the circle of the square, but they must have been away about twenty minutes -or so. Then they came up to me together, and my master opened the door of the -carriage, and the lady got in. When she was inside, he said to me that there was -no occasion for me to mention what I had seen or that he had spoken to me about -the lady."</p> - -<p class="normal">The Attorney-general. "All this time was it raining?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "Did they have umbrellas?"</p> - -<p class="normal">Witness. "Neither of them, sir."</p> - -<p class="normal">The Attorney-general. "They must have got wet?"</p> - -<p class="normal">Witness. "They couldn't help getting wet."</p> - -<p class="normal">The Attorney-general. "Did they seem to mind it?"</p> - -<p class="normal">Witness. "They didn't say anything about it."</p> - -<p class="normal">The Attorney-general. "While they were walking round the -square, did they meet any persons?"</p> - -<p class="normal">Witness. "A few passed them, and they got out of their way, it -seemed to me."</p> - -<p class="normal">The Attorney-general. "As if they desired to avoid -observation?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "That would be a reasonable construction -to put upon the circumstance of their walking, during their conversation, on the -least-frequented side of the square, near the railings?"</p> - -<p class="normal">Witness. "Yes, I think so."</p> - -<p class="normal">The Attorney-general. "Although the neighborhood is a fairly -busy one during the day, are there many people passing through Bloomsbury Square -at night?"</p> - -<p class="normal">Witness. "Not many, I should say."</p> - -<p class="normal">The Attorney-general. "The square is not very well lighted -up?"</p> - -<p class="normal">Witness. "Not very."</p> - -<p class="normal">The Attorney-general. "Did you see a policeman while you were -waiting?"</p> - -<p class="normal">Witness. "One, and only once."</p> - -<p class="normal">The Attorney-general. "Did he speak to you?"</p> - -<p class="normal">Witness. "No, sir."</p> - -<p class="normal">The Attorney-general. "He passed on through the square?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "Reference has been made to an ulster of -a peculiar pattern which the prisoner was in the habit of wearing. You said it -was an ulster which could not be mistaken. Are you certain of that?"</p> - -<p class="normal">Witness. "Quite certain."</p> - -<p class="normal">The Attorney-general. "Is it within your recollection how long -the prisoner has worn this ulster?"</p> - -<p class="normal">Witness. "He had it made last year."</p> - -<p class="normal">The Attorney-general. "Would you recognize it if you saw it?"</p> - -<p class="normal">Witness. "Oh yes."</p> - -<p class="normal">The Attorney-general. "Is this it?" (Ulster produced.)</p> - -<p class="normal">Witness. "Yes, that is it."</p> - -<p class="normal">The Attorney-general. "You swear to it?"</p> - -<p class="normal">Witness. "I do."</p> - -<p class="normal">The Attorney-general. "You have said that the prisoner came -out of his house wearing this ulster. Now, on the occasions you have described, -when the prisoner left his carriage and returned to it, was this ulster ever off -his back?"</p> - -<p class="normal">Witness. "He wore it all the time."</p> - -<p class="normal">The Attorney-general. "You are positive he did not at any time -leave you with this ulster on, and return wearing another?"</p> - -<p class="normal">Witness. "I am positive of it."</p> - -<p class="normal">The Attorney-general. "After the lady got into the carriage, -and the prisoner told you there was no occasion for you to mention what you had -seen, or that he had spoken to you about the lady, what did he do?"</p> - -<p class="normal">Witness. "He told me to drive to Prevost's Restaurant, in -Church Street, Soho, and then he got into the carriage."</p> - -<p class="normal">The Attorney-general. "At any time during the night did you -see the lady's face?"</p> - -<p class="normal">Witness. "Not at any time."</p> - -<p class="normal">The Attorney-general. "Were you familiar with Prevost's -Restaurant?"</p> - -<p class="normal">Witness. "No, I had never been there, and I was in doubt where -Church Street was. I had to inquire my way."</p> - -<p class="normal">The Attorney-general. "Could not the prisoner tell you?"</p> - -<p class="normal">Witness. "I asked him, and he said he could not direct me."</p> - -<p class="normal">The Attorney-general. "However, you found the restaurant?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "And then?"</p> - -<p class="normal">Witness. "My master and the lady entered the restaurant."</p> - -<p class="normal">The Attorney-general. "What did your master say to you?"</p> - -<p class="normal">Witness. "He told me to wait near the door."</p> - -<p class="normal">The Attorney-general. "Did you know what time it was when you -drew up at the restaurant?"</p> - -<p class="normal">Witness. "It was ten minutes to eleven."</p> - -<p class="normal">The Attorney-general. "How long were you kept waiting?"</p> - -<p class="normal">Witness. "Exactly an hour and five minutes."</p> - -<p class="normal">The Attorney-general. "That will bring it to five minutes to -twelve?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "Did the prisoner then come from the -restaurant?"</p> - -<p class="normal">Witness. "Yes, accompanied by the lady."</p> - -<p class="normal">The Attorney-general. "It was still raining?"</p> - -<p class="normal">Witness. "Raining hard now."</p> - -<p class="normal">The Attorney-general. "Did he appear flurried? Was he -excited?"</p> - -<p class="normal">Witness. "His movements were very hurried, which I thought was -due to the rain, and perhaps to his having had a little too much wine. He opened -the door of the carriage quickly, and the lady jumped in, to avoid the rain, I -suppose. My master got in quickly after her."</p> - -<p class="normal">The Attorney-general. "But he gave you instructions?"</p> - -<p class="normal">Witness. "All he said was, 'Home!'"</p> - -<p class="normal">The Attorney-general. "Calmly?"</p> - -<p class="normal">Witness. "No, sir. Although he only said one word, I noticed -that his voice was thick. It was because of that I suspected he had taken a -little too much wine."</p> - -<p class="normal">The Attorney-general. "Did you observe that he had his ulster -on?"</p> - -<p class="normal">Witness. "Yes, he had it on."</p> - -<p class="normal">The Attorney-general. "You drove home--and then?"</p> - -<p class="normal">Witness. "My master got out, helped the lady out--no, I am -making a mistake."</p> - -<p class="normal">The Attorney-general. "Commence again."</p> - -<p class="normal">Witness. "My master got out, opened the street door with his -latch-key, then returned to the carriage and helped the lady out, and they both -passed into the house."</p> - -<p class="normal">The Attorney-general. "Were his actions steady?"</p> - -<p class="normal">Witness. "They were not, sir. He seemed to be in a strange -hurry."</p> - -<p class="normal">The Attorney-general. "Did he say nothing to you?"</p> - -<p class="normal">Witness. "Nothing. And thinking my day's work was over, I took -the horses to the stable. I was glad enough."</p> - -<p class="normal">The Attorney-general. "The prisoner was in the habit of -carrying a latch-key?"</p> - -<p class="normal">Witness. "Yes, and always let himself into the house."</p> - -<p class="normal">The Attorney-general. "Did you observe whether the gas in the -hall was lighted?"</p> - -<p class="normal">Witness. "It was. It was always kept on when my master was -out. His habit was to turn it off himself, the servants sometimes being abed."</p> - -<p class="normal">The Attorney-general. "Now, during the time you were in the -prisoner's employment, had you ever passed such a day as this you have -described?"</p> - -<p class="normal">Witness. "Never."</p> - -<p class="normal">The Attorney-general. "Did you ever know him to come home with -a lady, alone, at that hour of the night?"</p> - -<p class="normal">Witness. "Never."</p> - -<p class="normal">The Attorney-general. "All the incidents of the day were -unusual?"</p> - -<p class="normal">Witness. "Very unusual. I thought them very strange."</p> - -<p class="normal">The Attorney-general. "The question I am about to put is, in -another form, partly a repetition of one you have already answered. Did you ever -know the prisoner to come home in the carriage late at night with a strange -lady--that is, with any other lady than his wife?"</p> - -<p class="normal">Witness. "Never. With a gentleman sometimes, and sometimes -with more than one gentleman; but never with a strange lady."</p> - -<p class="normal">The Attorney-general. "He occasionally came home late with -friends?"</p> - -<p class="normal">Witness. "Oh yes; but then his wife was always with him."</p> - -<p class="normal">The Attorney-general. "During the last few months was this -usual?"</p> - -<p class="normal">Witness. "No. Mrs. Layton was an invalid, and seldom drove -out--not once during the last three or four months at night."</p> - -<p class="normal">The Attorney-general. "On the day we have gone through--the -25th of March did you see anything of Mrs. Layton?"</p> - -<p class="normal">Witness. "No, sir, she was seriously ill."</p> - -<p class="normal">The Attorney-general. "That, however, is not within your -personal observation?"</p> - -<p class="normal">Witness. "No, sir. My duties were outside the house."</p> - -<p class="normal">The Attorney-general. "The lady whom he brought home on the -night of the 25th of March was not his wife?"</p> - -<p class="normal">Witness. "No, sir. Mrs. Layton had been confined to her room -for several weeks."</p> - -<p class="normal">The Attorney-general. "You are quite positive on this point?"</p> - -<p class="normal">Witness. "Quite positive, sir."</p> - -<p class="normal">The Attorney-general. "That will do."</p> - -<p class="normal">(To the surprise of every person in court, who expected that -the witness would be subjected to a long cross-examination, the prisoner asked -but few questions.)</p> - -<p class="normal">Prisoner. "You say that at five minutes to twelve I came out -of Prevost's Restaurant?"</p> - -<p class="normal">Witness. "You and the lady, sir."</p> - -<p class="normal">Prisoner. "It was a dark night?"</p> - -<p class="normal">Witness. "It was, sir."</p> - -<p class="normal">Prisoner. "Did I call for you?"</p> - -<p class="normal">Witness. "No, sir. I saw you come out of the restaurant with -the lady, and I drew up at once. I was within half a dozen yards of the door."</p> - -<p class="normal">Prisoner. "When the lady and I got into the carriage, as you -say, and I called out, Home!' you observed that my voice was thick and my manner -flurried?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">Prisoner. "Did it occur to you then, or does it occur to you -now, that the voice which uttered that word was not my voice?"</p> - -<p class="normal">Witness. "No, sir."</p> - -<p class="normal">Prisoner. "You are certain it was my voice?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">Prisoner. "I wore my ulster?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">Prisoner. "You drove home, and you saw me open the street door -with a latch-key and pass into the house with the lady?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">Prisoner. "Still with my ulster on?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">Prisoner. "Did I turn my face towards you?"</p> - -<p class="normal">Witness. "No, sir."</p> - -<p class="normal">Prisoner. "If I had done so, could you have recognized my -features in the darkness?"</p> - -<p class="normal">Witness. "Scarcely, sir."</p> - -<p class="normal">Prisoner. "You know nothing more?"</p> - -<p class="normal">Witness. "Nothing more, sir."</p> - -<p class="normal">Prisoner. "I do not put the question offensively--you have -been a good servant, and I have never had occasion to find fault with you--but -you are positive that the version you have given of my later movements is -correct?"</p> - -<p class="normal">Witness (who appeared much distressed). "I am positive, sir."</p> - -<p class="normal">Prisoner. "I have nothing more to ask, Moorhouse."</p> - -<p class="normal">Witness. "Thank you, sir."</p> - -<p class="normal">Re-examined. "You are a strict teetotaler?"</p> - -<p class="normal">Witness. "Yes, sir."</p> - -<p class="normal">The Attorney-general. "Did you take any ale or spirits during -the day?"</p> - -<p class="normal">Witness. "No, sir. I have touched neither for years."</p> - -<p class="normal">The Attorney-general. "The prisoner's figure being familiar to -you, and your eyesight being so strong that you could distinguish him in the -darkness, is it likely that you could be mistaken in him on this night?"</p> - -<p class="normal">Witness (reluctantly). "It is not likely, sir."</p> - -<p class="normal">The Attorney-general. "Scarcely possible?"</p> - -<p class="normal">Witness. "Scarcely possible, sir."<br> -<br> -<br> -<br> -<h4><a name="div1_01.3" href="#div1Ref_01.3">III.</a></h4> - -<h5>THE EVIDENCE OF ADOLF WOLFSTEIN, WAITER.</h5> -<br> - -<p class="normal">The next witness called was Adolf Wolfstein, a waiter in -Prevost's Restaurant.</p> - -<p class="normal">The Attorney-general. "Your name is Adolf Wolfstein?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "What is your trade?"</p> - -<p class="normal">Witness. "I am a waiter."</p> - -<p class="normal">The Attorney-general. "Where are you employed?"</p> - -<p class="normal">Witness. "At Prevost's, in Church Street, Soho."</p> - -<p class="normal">The Attorney-general. "How long have you been in employment -there?"</p> - -<p class="normal">Witness. "A little more than seven weeks."</p> - -<p class="normal">The Attorney-general. "Do you remember the date on which you -entered your present service?"</p> - -<p class="normal">Witness. "Yes, it was the 25th of March."</p> - -<p class="normal">The Attorney-general. "So that the 25th of March is impressed -upon your memory?"</p> - -<p class="normal">Witness. "It is for another reason impressed upon my memory."</p> - -<p class="normal">The Attorney-general. "Simply answer the questions I put to -you. You are a German?"</p> - -<p class="normal">Witness. "No, I am French."</p> - -<p class="normal">The Attorney-general. "But your name is German, is it not?"</p> - -<p class="normal">Witness. "Wolfstein is. It was my father's name, who settled -in France when he was a young man."</p> - -<p class="normal">The Attorney-general. "You understand English perfectly?"</p> - -<p class="normal">Witness. "Oh yes; perfectly. I spoke it when I was a boy."</p> - -<p class="normal">The Attorney-general. "Look at the prisoner. Do you recognize -him?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Did you see him on the 25th of March?"</p> - -<p class="normal">Witness. "Yes. Monsieur came to the restaurant on that day."</p> - -<p class="normal">The-Attorney-general. "At what hour?"</p> - -<p class="normal">Witness. "At eleven o'clock at night."</p> - -<p class="normal">The Attorney-general. "Was he alone?"</p> - -<p class="normal">Witness. "No; monsieur had a lady with him."</p> - -<p class="normal">The Attorney-general. "Did he occupy a private room? If you -wish to explain yourself on this matter you can do so."</p> - -<p class="normal">Witness. "I was coming down-stairs when I saw monsieur enter -from the street with a lady. He looked about him, and seeing me, asked if he -could have supper in a private room. I showed monsieur and madame up-stairs to a -room in which I served."</p> - -<p class="normal">The Attorney-general. "What occurred then?"</p> - -<p class="normal">Witness. "I handed monsieur the <i>menu</i>."</p> - -<p class="normal">The Attorney-general. "In English, the bill of fare?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "What did he order?"</p> - -<p class="normal">Witness. "Tortue claire."</p> - -<p class="normal">The Attorney-general. "In English, clear turtle soup?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Did he consult the lady?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "Was he long in selecting the kind of -soup he ordered?"</p> - -<p class="normal">Witness. "No. It was on the instant."</p> - -<p class="normal">The Attorney-general. "He merely glanced at the bill of fare?"</p> - -<p class="normal">Witness. "That is so."</p> - -<p class="normal">The Attorney-general. "Did you get the soup and place it -before him?"</p> - -<p class="normal">Witness. "I first asked monsieur, For two?' He said, quickly, -'Yes, for two.' Then I served it."</p> - -<p class="normal">The Attorney-general. "In a tureen?"</p> - -<p class="normal">Witness. "Yes, in a tureen."</p> - -<p class="normal">The Attorney-general. "When you placed the soup before him, -did he order any wine?"</p> - -<p class="normal">Witness. "I handed monsieur the wine-list, and he said, -'Champagne.' I asked him of what kind. He said, 'The best.'"</p> - -<p class="normal">The Attorney-general. "You brought the best?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "That is, the most expensive?"</p> - -<p class="normal">Witness. "Of necessity."</p> - -<p class="normal">The Attorney-general. "When you placed the wine before him, -did you observe anything that struck you as unusual?"</p> - -<p class="normal">Witness. "Yes; it was that, like other people, they should -have been drinking their soup, or have finished it; but they had not drunk it."</p> - -<p class="normal">The Attorney-general. "Had it been served from the tureen into -their plates?"</p> - -<p class="normal">Witness. "No, not a spoonful. It was as I brought it--not -touched."</p> - -<p class="normal">The Attorney-general. "As they were not eating, what were they -doing?"</p> - -<p class="normal">Witness. "They were engaged in conversation."</p> - -<p class="normal">The Attorney-general. "Very earnestly?"</p> - -<p class="normal">Witness. "Very earnestly."</p> - -<p class="normal">The Attorney-general. "And speaking very low?"</p> - -<p class="normal">Witness. "Very low."</p> - -<p class="normal">The Attorney-general. "Did you hear anything they said?"</p> - -<p class="normal">Witness. "Not a word."</p> - -<p class="normal">The Attorney-general. "Upon observing that they had not -commenced their soup, did you make any remark?"</p> - -<p class="normal">Witness. "Yes. I said, 'Does not monsieur like the soup?'"</p> - -<p class="normal">The Attorney-general. "What was his answer?"</p> - -<p class="normal">Witness. "He answered, 'Oh yes, it is very good,' and slightly -pushed the tureen away with his hand."</p> - -<p class="normal">The Attorney-general. "Indicating that he had done with it?"</p> - -<p class="normal">Witness. "I regarded it so, and I removed it."</p> - -<p class="normal">The Attorney-general. "Did he object to its being removed?"</p> - -<p class="normal">Witness. "No, not at all."</p> - -<p class="normal">The Attorney-general. "Did the lady object--did she seem -surprised?"</p> - -<p class="normal">Witness. "No; she said not a word, nor did she look -surprised."</p> - -<p class="normal">The Attorney-general. "Your answer to the last question causes -me to ask whether the lady was old or young?"</p> - -<p class="normal">Witness. "But I do not know."</p> - -<p class="normal">The Attorney-general. "You said she did not look surprised?"</p> - -<p class="normal">Witness. "It is that she did not appear surprised. She did not -look up. In truth, she had her veil down."</p> - -<p class="normal">The Attorney general. "Had she removed her cloak?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "Did she keep it on all the time she was -in the room?"</p> - -<p class="normal">Witness. "Yes; all the time."</p> - -<p class="normal">The Attorney-general. "Now, when you asked the prisoner if he -liked the soup, and he answered, 'Oh yes, it is very good,' you were surprised -to find that they had not drunk a spoonful?"</p> - -<p class="normal">Witness. "Why, yes, it was surprising."</p> - -<p class="normal">The Attorney-general. "Did the prisoner pour out the -champagne?"</p> - -<p class="normal">Witness. "I filled a glass for madame and one for monsieur."</p> - -<p class="normal">The Attorney-general. "Did the prisoner order another dish?"</p> - -<p class="normal">Witness. "I asked monsieur, 'What will you have to follow?' -and handed him the <i>menu</i>--the bill of fare. He said, 'Salmon cutlets.' -'For two, monsieur?' I asked. 'For two,' he said. I served them."</p> - -<p class="normal">The Attorney-general. "Did he at any time summon you by -ringing the bell?"</p> - -<p class="normal">Witness. "No. It appeared to me that monsieur did not wish to -be disturbed therefore I did not disturb him, but I noticed--"</p> - -<p class="normal">The Attorney-general. "You noticed what?"</p> - -<p class="normal">Witness. "That, as with the soup, monsieur ate nothing, and -helped madame to nothing. I waited till I thought it was time, and then I went -to the table and asked whether he did not like the salmon cutlets. Monsieur -answered, 'Oh yes, they are very good,' and pushed them away as before. I -removed them, as with the soup. What will monsieur have to follow?' I asked. -'Ices,' he said. 'Vanille?' I asked. 'Yes,' he said, 'Vanille.' I brought them. -They were not eaten."</p> - -<p class="normal">The Attorney-general. "Did they drink the wine?"</p> - -<p class="normal">Witness. "Monsieur once raised his glass to his lips, but -tasted it only, and as if he had no heart in it."</p> - -<p class="normal">The Attorney-general. "Did he order anything else?"</p> - -<p class="normal">Witness. "No. When I asked him, he said, 'The bill.' I brought -it."</p> - -<p class="normal">The Attorney-general. "What did it amount to?"</p> - -<p class="normal">Witness. "One pound four shillings."</p> - -<p class="normal">The Attorney-general. "How much of the champagne was drunk?"</p> - -<p class="normal">Witness. "Half a glass--not more."</p> - -<p class="normal">The Attorney-general. "Did not the lady drink any of hers?"</p> - -<p class="normal">Witness. "Not any."</p> - -<p class="normal">The Attorney-general. "Did the prisoner make any remark as to -the amount of the bill?"</p> - -<p class="normal">Witness. "Oh no; he gave me a sovereign and a half-sovereign, -and said, 'That will do.'"</p> - -<p class="normal">The Attorney-general. "Meaning that you could keep the -change?"</p> - -<p class="normal">Witness. "I took it so, and he said nothing."</p> - -<p class="normal">The Attorney-general. "A good customer?"</p> - -<p class="normal">Witness. "A very good customer. Not many such."</p> - -<p class="normal">The Attorney-general. "Without a murmur or a remark, the -prisoner paid you thirty shillings for half a glass of champagne?"</p> - -<p class="normal">Witness. "That is so. It was, as I say, surprising. I did not -forget it."</p> - -<p class="normal">The Attorney-general. "It was not a circumstance to forget. -You say that the lady who accompanied the prisoner did not remove her cloak or -veil. Was that the case the whole of the time she was in the room?"</p> - -<p class="normal">Witness. "The whole of the time."</p> - -<p class="normal">The Attorney-general. "Her gloves--did she wear those the -whole of the time?"</p> - -<p class="normal">Witness. "But, no. I remember once seeing her hand ungloved."</p> - -<p class="normal">The Attorney-general. "Her right or left hand? Be particular -in your answer, and think before you speak, if it is necessary. My object is to -ascertain whether the lady was married, and wore a wedding-ring."</p> - -<p class="normal">Witness (smiling). "But a wedding-ring matters not. Those wear -them who are not married."</p> - -<p class="normal">The Attorney-general. "Reply to my question. Was it her right -or her left hand which you saw ungloved?"</p> - -<p class="normal">Witness. "I cannot remember."</p> - -<p class="normal">The Attorney-general. "Try."</p> - -<p class="normal">Witness. "It is of no use. I cannot remember."</p> - -<p class="normal">The Attorney-general. "Can you remember whether it was a small -or a large hand?"</p> - -<p class="normal">Witness. "It was a small white hand."</p> - -<p class="normal">The Attorney-general. "The hand, presumably, of a lady?"</p> - -<p class="normal">Witness. "Or of a member of the theatre. Who can tell? We have -many such."</p> - -<p class="normal">The Attorney-general. "Were there rings upon her fingers?"</p> - -<p class="normal">Witness. "I observed one of turquoises and diamonds."</p> - -<p class="normal">The Attorney-general. "Was it a ring with any particular -setting by which it could be identified?"</p> - -<p class="normal">Witness. "A ring set with diamonds and turquoises. That is all -I know."</p> - -<p class="normal">The Attorney-general. "Would you recognize it again if you saw -it?"</p> - -<p class="normal">Witness. "I cannot say. I think not. I did not particularly -remark it."</p> - -<p class="normal">The Attorney-general. "Did you remark the color of her -gloves?"</p> - -<p class="normal">Witness. "They were black gloves."</p> - -<p class="normal">The Attorney-general. "Of kid?"</p> - -<p class="normal">Witness. "Yes, of kid."</p> - -<p class="normal">The Attorney-general. "At what time did the prisoner and his -companion leave the restaurant?"</p> - -<p class="normal">Witness. "It must have been about twelve."</p> - -<p class="normal">The Attorney-general. "Why do you say 'It must have been about -twelve?'"</p> - -<p class="normal">Witness. "Because I did not see them leave the room."</p> - -<p class="normal">The Attorney-general. "You can, however, fix the time within a -few minutes?"</p> - -<p class="normal">Witness. "Oh yes. At a quarter to twelve, as near as I can -remember, I had occasion to go down-stairs. When I returned, after three or four -minutes, monsieur and madame were gone."</p> - -<p class="normal">The Attorney-general. "Were you aware that they had a carriage -waiting for them?"</p> - -<p class="normal">Witness. "Only that I heard so. I did not see it."</p> - -<p class="normal">(The witness was then briefly cross-examined by the prisoner.)</p> - -<p class="normal">Prisoner. "You say that you saw me enter the restaurant from -the street, and that I asked you if I could have supper in a private room?"</p> - -<p class="normal">Witness. "That is so."</p> - -<p class="normal">Prisoner. "Did you show me into a private room?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">Prisoner. "Where other persons could not enter?"</p> - -<p class="normal">Witness. "Oh no; it was a room for six or eight persons."</p> - -<p class="normal">Prisoner. "During the time I was there, did you attend to -other persons besides me?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">Prisoner. "The room was not strictly private?"</p> - -<p class="normal">Witness. "As private as I have said."</p> - -<p class="normal">Prisoner. "What was the first thing I did when I went to the -table you pointed out to me?"</p> - -<p class="normal">Witness. "You removed your overcoat. It was wet with rain; and -it surprised me that madame did not remove hers, which was also wet with rain."</p> - -<p class="normal">Mr. Justice Fenmore. "Do not make remarks. Simply answer the -questions put to you."</p> - -<p class="normal">Witness. "Yes, my lord."</p> - -<p class="normal">Prisoner. "What did I do with the overcoat when I had taken it -off?"</p> - -<p class="normal">Witness. "You hung it up behind you."</p> - -<p class="normal">Prisoner. "On a peg in the wall?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">Prisoner. "Was this peg quite close to the table at which I -sat?"</p> - -<p class="normal">Witness. "No, it was at a little distance."</p> - -<p class="normal">Prisoner. "At the back of me?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">Prisoner. "Did I put the overcoat on before I left the room?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">Mr. Justice Fenmore. "You have said in examination that you -did not see the prisoner and his companion leave the room."</p> - -<p class="normal">Witness. "But when I returned, after being away for three or -four minutes, monsieur was gone, and the coat was also gone."</p> - -<p class="normal">Prisoner. "Then you did not see me put on the overcoat?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">Prisoner. "I have nothing more to ask you."</p> - -<p class="normal">Re-examined. "Would you be able to recognize the overcoat -which the prisoner wore?"</p> - -<p class="normal">Witness. "Oh yes; it was remarkable."</p> - -<p class="normal">The Attorney-general. "Is this it?" (Ulster produced.)</p> - -<p class="normal">Witness. "Yes; it is the same."</p> - -<p class="normal">At this stage the court adjourned for luncheon.<br> -<br> -<br> -<br> -<h4><a name="div1_01.4" href="#div1Ref_01.4">IV.</a></h4> - -<h5>THE EVIDENCE OF LUMLEY RICH, DETECTIVE OFFICER.--THE NINE OF HEARTS.</h5> -<br> - -<p class="normal">Upon the reassembling of the court, the first witness called -was Lumley Rich.</p> - -<p class="normal">The Attorney-general. "You belong to the detective force?"</p> - -<p class="normal">Witness. "I do."</p> - -<p class="normal">The Attorney-general. "On the 26th of March were you called to -the prisoner's house?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "At what hour of the morning?"</p> - -<p class="normal">Witness. "At seven o'clock."</p> - -<p class="normal">The Attorney-general. "Was the prisoner in the house at the -time?"</p> - -<p class="normal">Witness. "He was not."</p> - -<p class="normal">The Attorney-general. "Whom did you see for the purpose of -information?"</p> - -<p class="normal">Witness. "The prisoner's coachman, James Moorhouse, and Ida -White, lady's-maid, and other servants."</p> - -<p class="normal">The Attorney-general. "What passed between you and the -coachman?"</p> - -<p class="normal">Witness. "I asked him at what time on the previous night the -prisoner returned home. He said at about twenty minutes past twelve, and that -the prisoner entered his house accompanied by a lady, opening the street door -with his latch-key. I asked him if he had seen the prisoner since, and he -replied that he had not. I asked him from what part of his dress the prisoner -took the latch-key, and he replied, from the pocket of the ulster he wore."</p> - -<p class="normal">The Attorney-general. "Although the prisoner was not at home, -was this ulster in his house?"</p> - -<p class="normal">Witness. "Yes, it was hanging on the coat-rack in the hall."</p> - -<p class="normal">The Attorney-general. "Did you take possession of it?"</p> - -<p class="normal">Witness. "I did."</p> - -<p class="normal">The Attorney-general. "Did you search the pockets?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "What did you find in them?"</p> - -<p class="normal">Witness. "The latch-key of the street door and a -playing-card."</p> - -<p class="normal">The Attorney-general. "Nothing else?"</p> - -<p class="normal">Witness. "Nothing else."</p> - -<p class="normal">The Attorney-general. "Is this the latch-key?" (Latch-key -produced.)</p> - -<p class="normal">Witness. "It is."</p> - -<p class="normal">The Attorney-general. "Is this the playing-card?" -(Playing-card, the Nine of Hearts, produced.)</p> - -<p class="normal">Witness. "It is."</p> - -<p class="normal">The Attorney-general. "How do you recognize it?"</p> - -<p class="normal">Witness. "By a private mark I put in the corner."</p> - -<p class="normal">The Attorney-general. "There was absolutely nothing else in -the pockets of the ulster?"</p> - -<p class="normal">Witness. "Nothing else."</p> - -<p class="normal">The Attorney-general. "Did you see the prisoner before you -left the house?"</p> - -<p class="normal">Witness. "I did."</p> - -<p class="normal">The Attorney-general. "Describe what passed."</p> - -<p class="normal">Witness. "The prisoner suddenly made his appearance while I -was questioning the servants, and inquired my business there. I told him I was -an officer, and that I was there because of his wife being found dead in her -bed. 'Dead!' he cried; 'my wife!' and he rushed to her room. I followed him. He -looked at her and sunk into a chair. He seemed stupefied. I had his ulster coat -hanging on my arm, and I told him I had taken possession of it. He nodded -vacantly. A moment or two afterwards he laid his hand upon the ulster, and -demanded to know where I had obtained it. I informed him from the coat-rack in -the hall. He cried, 'Impossible!' and as it seemed to me he was about to speak -again, I informed him that anything he said might be used in evidence against -him. 'In evidence!' he cried, 'against me!' 'Yes,' I replied; there has been -murder done here.' 'Murder!' he cried; 'and I am suspected!' To that remark I -did not reply, but repeated my caution. He said, 'Thank you,' and did not utter -another word."</p> - -<p class="normal">The prisoner did not cross-examine the witness; and this was -the more surprising as it was remarked by all in court that upon the production -of the playing-card, the Nine of Hearts, he was greatly agitated.<br> -<br> -<br> -<br> -<h4><a name="div1_01.5" href="#div1Ref_01.5">V.</a></h4> - -<h5>THE EVIDENCE OF IDA WHITE, LADY'S-MAID.</h5> -<br> - -<p class="normal">The next witness called was Ida White, an attractive-looking -woman about thirty years of age.</p> - -<p class="normal">The Attorney-general. "What is your name?"</p> - -<p class="normal">Witness. "Ida White."</p> - -<p class="normal">The Attorney-general. "Do you know the prisoner?"</p> - -<p class="normal">Witness. "Yes; he was my master."</p> - -<p class="normal">The Attorney-general. "In what capacity were you employed?"</p> - -<p class="normal">Witness. "I was lady's-maid to his wife, my poor dead -mistress."</p> - -<p class="normal">The Attorney-general. "Were you in her service before she was -married?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "What was her maiden name?"</p> - -<p class="normal">Witness. "Agnes Beach."</p> - -<p class="normal">The Attorney-general. "When you first entered her service were -her parents alive?"</p> - -<p class="normal">Witness. "Both of them."</p> - -<p class="normal">The Attorney-general. "Do they still live?"</p> - -<p class="normal">Witness. "No. Mrs. Beach died on my mistress's wedding-day; -Mr. Beach died in February of this year."</p> - -<p class="normal">The Attorney-general. "Was your late mistress very much -affected at her mother's death?"</p> - -<p class="normal">Witness. "She almost lost her reason. She fell into a fever, -and was scarcely expected to live. It was weeks before she recovered."</p> - -<p class="normal">The Attorney-general. "Have you any knowledge of the -circumstances of your mistress's engagement with the prisoner?"</p> - -<p class="normal">Witness. "She was very much in love with him."</p> - -<p class="normal">The Attorney-general. "And he with her?"</p> - -<p class="normal">Witness. "I don't think so."</p> - -<p class="normal">The Attorney-general. "And according to your observation, not -being in love with her, he engaged himself to her?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Was she a good-looking woman?"</p> - -<p class="normal">Witness. "She would not generally be considered so."</p> - -<p class="normal">The Attorney-general. "Is this a fairly good likeness of her?"</p> - -<p class="normal">(Photograph of the deceased produced, which, after the witness -had examined it, was handed to the jury. It represented a woman, very plain, -with a face which seemed to lack intelligence.)</p> - -<p class="normal">Witness. "It is very like her."</p> - -<p class="normal">The Attorney-general. "Was she strong-minded?"</p> - -<p class="normal">Witness. "No, she was not but she was very obstinate when she -took it into her head."</p> - -<p class="normal">The Attorney-general. "How old was she at the time of her -engagement with the prisoner?"</p> - -<p class="normal">Witness. "Twenty-eight."</p> - -<p class="normal">The Attorney-general. "Do you know the prisoner's age at the -time?"</p> - -<p class="normal">Witness. "My mistress told me he was twenty-four."</p> - -<p class="normal">The Attorney-general. "Was she well-formed?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "Had she a good figure?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "Many plain women have some peculiar -attraction, either in manners or features. Had she anything of this kind to -distinguish her?"</p> - -<p class="normal">Witness. "I cannot say she had."</p> - -<p class="normal">The Attorney-general. "But there might have been other -attractions. Was she brilliant in conversation?"</p> - -<p class="normal">Witness. "On the contrary. She had very little to say for -herself upon general subjects."</p> - -<p class="normal">The Attorney-general. "But she was passionately in love with -the prisoner?"</p> - -<p class="normal">Witness. "Passionately."</p> - -<p class="normal">The Attorney-general. "Did she limp?"</p> - -<p class="normal">Witness. "Yes. One leg was shorter than the other."</p> - -<p class="normal">The Attorney-general. "Had she known the prisoner for any -length of time before the engagement?"</p> - -<p class="normal">Witness. "For a few weeks only, I believe."</p> - -<p class="normal">The Attorney-general. "In what way did he make her -acquaintance?"</p> - -<p class="normal">Witness. "He came to the house."</p> - -<p class="normal">The Attorney-general. "In a friendly way?"</p> - -<p class="normal">Witness. "He came first upon business."</p> - -<p class="normal">The Attorney-general. "To see whom?"</p> - -<p class="normal">Witness. "My mistress's father, Mr. Beach."</p> - -<p class="normal">The Attorney-general. "Upon what business?"</p> - -<p class="normal">Witness. "Upon betting business, my mistress said."</p> - -<p class="normal">The Attorney-general. "What was Mr. Beach's occupation?"</p> - -<p class="normal">Witness. "He was a book-maker."</p> - -<p class="normal">The Attorney-general. "A betting man?"</p> - -<p class="normal">Witness. "Yes. He used to make large books."</p> - -<p class="normal">The Attorney-general. "On racing?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Was he an educated man?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "Would you call him a vulgar man?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Did he move in good society?"</p> - -<p class="normal">Witness. "He did not."</p> - -<p class="normal">The Attorney-general. "But he was rich?"</p> - -<p class="normal">Witness. "Very rich. He drank a great deal of champagne."</p> - -<p class="normal">The Attorney-general. "You say the prisoner first came to the -house upon business. Do you know upon what particular business?"</p> - -<p class="normal">Witness. "It was something about horses, and bets he had made -upon them."</p> - -<p class="normal">The Attorney-general. "Bets which he had lost?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "How was it that your mistress became -acquainted with him on that occasion, when the fact was that he came upon -business?"</p> - -<p class="normal">Witness. "He was asked by Mr. Beach to stay to dinner, and he -stayed."</p> - -<p class="normal">The Attorney-general. "Mr. Beach, you say, was not in good -society. Had he any desire to get into it?"</p> - -<p class="normal">Witness: "He was crazy about it."</p> - -<p class="normal">The Attorney-general. "Upon the first occasion of the prisoner -dining at Mr. Beach's house, did your mistress make any remark with reference to -the prisoner?"</p> - -<p class="normal">Witness. "She never ceased speaking about him. She said she -had seen the handsomest man in the world."</p> - -<p class="normal">The Attorney-general. "Narrate as briefly as you can what -occurred between your mistress and the prisoner up to the time they were -engaged."</p> - -<p class="normal">Witness. "He came five or six times to the house, and every -time he came my mistress was more and more in love with him. I understood from -what she told me that he was in difficulties, and that he had lost a great deal -of money at horse-racing."</p> - -<p class="normal">The Attorney-general. "Did he keep racing horses?"</p> - -<p class="normal">Witness. "I did not understand that, but that he had been -betting upon horses. There was money owing not only to Mr. Beach, but to other -book-makers as well, and the prisoner wished Mr. Beach to arrange the whole -matter. 'Those things are easily arranged,' I said to my mistress; 'all you have -to do is to pay.' 'But supposing you haven't the money to pay?' asked my -mistress. 'I thought Mr. Layton was a gentleman,' I said. 'There are poor -gentlemen as well as rich gentlemen,' my mistress said, 'and my papa gets a lot -of money out of all sorts of people.' That was true enough; I have heard him and -his friends chuckling over it many times, and Mr. Beach used to call them a lot -of something fools. I heard a great deal about 'swells,' as Mr. Beach called -them, being ruined by backing horses, and I knew that that was the way he had -grown rich. He used to say that he had got a lot of stuck-up swells under his -thumb. '<i>I</i> can arrange Mr. Layton's business with papa,' my mistress said; -and when I found her practising songs at the piano, out of time and out of -tune--for she had no ear for music--I knew that she was making up to him. It -came about as she wished, and one night she told me she was the happiest woman -in the world--that Mr. Layton had proposed and she had accepted him."</p> - -<p class="normal">The Attorney-general. "Were there rejoicings in the house?"</p> - -<p class="normal">Witness. "A good many big dinners were given, but I can't say -much for the company. My mistress was sometimes very happy, and sometimes very -miserable. To-day she complained that he was cold to her, to-morrow she would go -on in the most ridiculous way because he gave her a flower, as though it was -better than a big diamond."</p> - -<p class="normal">The Attorney-general. "Did he seem to be wanting in attention -to her during the courtship?"</p> - -<p class="normal">Witness. "He wasn't a very warm lover, as far as I could see. -But my mistress was so much in love that she put up with anything. He had only -to give her a smile or a pleasant word, and you would think she was in heaven."</p> - -<p class="normal">The Attorney-general. "How did the prisoner get along with Mr. -Beach?"</p> - -<p class="normal">Witness. "I know they had words on two or three occasions."</p> - -<p class="normal">The Attorney-general. "About what?"</p> - -<p class="normal">Witness. "About the settlements. My mistress told me, and she -said her father was a screw."</p> - -<p class="normal">The Attorney-general. "A screw! What was meant by the word?"</p> - -<p class="normal">Witness. "That he was mean and sharp, that was what she -meant."</p> - -<p class="normal">The Attorney-general. "Go on. That her father was a screw--"</p> - -<p class="normal">Witness. "And wanted to bind Mr. Layton down too tight. He had -conversations with her about it."</p> - -<p class="normal">The Attorney-general. "He! Who?"</p> - -<p class="normal">Witness. "Mr. Layton."</p> - -<p class="normal">The Attorney-general. "Did he seek these conversations?"</p> - -<p class="normal">Witness. "Oh no; they were of her seeking. She was afraid that -something might occur to break off the engagement. She said to me more than -once, 'If anything goes wrong, I sha'n't care to live.' I never in all my life -saw a woman so madly in love as she was."</p> - -<p class="normal">The Attorney-general. "Do you know the result of those -conversations about the settlements between the prisoner and your mistress?"</p> - -<p class="normal">Witness. "Both Mr. Beach and Mr. Layton stood out, and I don't -believe either of them would have given way if my mistress had not taken it up. -She and her father had some warm scenes."</p> - -<p class="normal">The Attorney-general. "By 'warm' do you mean 'angry?'"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Whose money was it that was in -dispute?"</p> - -<p class="normal">Witness. "Mr. Beach's. He was rich; Mr. Layton had no money to -settle. My mistress used to say, 'I know that I am not very handsome, but I can -make Mr. Layton comfortable all his life, and I am sure we shall get along very -well together. Papa shall do whatever I want.'"</p> - -<p class="normal">The Attorney-general. "Then is it your impression that the -prisoner paid court to her for her money?"</p> - -<p class="normal">Witness. "I don't think he would have looked at her else."</p> - -<p class="normal">The Attorney-general. "And that your mistress was aware of -it?"</p> - -<p class="normal">Witness. "She must have had some notion of it, but it couldn't -have been a pleasant thing for her to talk much about, and it seemed to me that -she was glad to avoid it. She didn't think she was as plain as she was. No woman -does."</p> - -<p class="normal">The Attorney-general. "How was the matter finally arranged?"</p> - -<p class="normal">Witness. "The money was settled upon my mistress, and after -her death it was to go to Mr. Layton."</p> - -<p class="normal">The Attorney-general. "Do you know what the amount was?"</p> - -<p class="normal">Witness. "My mistress told me it was £20,000."</p> - -<p class="normal">The Attorney-general. "Which would come absolutely into the -prisoner's possession when his wife died?"</p> - -<p class="normal">Witness. "I understood so. My mistress did say something else -about the settlement. 'There's one thing I would like put in about the money,' -she said, 'and that is, that it shouldn't be his if he married again; but I -would not dare to mention it.'"</p> - -<p class="normal">The Attorney-general. "Did she give you a reason for not -daring to mention it?"</p> - -<p class="normal">Witness. "Yes; that he would break the engagement."</p> - -<p class="normal">The Attorney-general. "Now, about the wedding. Was it a -private or public wedding?"</p> - -<p class="normal">Witness. "Not private--oh no, not at all! there were at least -a hundred at the wedding breakfast, and any amount of champagne was opened."</p> - -<p class="normal">The Attorney-general. "What kind of company?"</p> - -<p class="normal">Witness. "Mixed--very much mixed."</p> - -<p class="normal">The Attorney-general. "Be more explicit. Were there many of -Mr. Beach's set there?"</p> - -<p class="normal">Witness. "They were all of his set."</p> - -<p class="normal">The Attorney-general. "But some of the prisoner's friends were -there as well?"</p> - -<p class="normal">Witness. "Not one. There were words about it."</p> - -<p class="normal">The Attorney-general. "On the wedding-day?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Words between whom?"</p> - -<p class="normal">Witness. "Between Mr. Beach and Mr. Layton. I heard Mr. Beach -say, I gave you thirty invitations to fill up and Mr. Layton answered, didn't -fill up one of them. I didn't intend that a friend of mine should meet such a -crew as I knew you would get together.' 'Not good enough for you, I suppose?' -said Mr. Beach. 'No,' said Mr. Layton, 'decidedly not good enough,' and then he -walked away."</p> - -<p class="normal">The Attorney-general. "Did your mistress make any remark on -the subject?"</p> - -<p class="normal">Witness. "No she was too happy to find fault with anything. -She was delighted, too, with the wedding presents. There was nearly a room full -of them."</p> - -<p class="normal">The Attorney-general. "Many of them from the prisoner's -friends?"</p> - -<p class="normal">Witness. "Not one."</p> - -<p class="normal">The Attorney-general. "Do you mean to inform the court that -not a single friend or relative of the prisoner's was present, and that among -the wedding presents there was not a single token from his connections?"</p> - -<p class="normal">Witness. "Not a single one."</p> - -<p class="normal">The Attorney-general. "Well, they were married, and they went -away?"</p> - -<p class="normal">Witness. "Yes; they took the night train to Paris."</p> - -<p class="normal">The Attorney-general. "Did you accompany them?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "Did your mistress's mother die before -they left?"</p> - -<p class="normal">Witness. "No; some hours afterwards, and a telegram was sent -on to them in Paris, at the Hotel Bristol."</p> - -<p class="normal">The Attorney-general. "What is the next thing you remember?"</p> - -<p class="normal">Witness. "A telegram arrived from Mr. Layton, requesting me to -come to Paris immediately. We received the telegram at about two o'clock on the -day after the wedding, and I went by the night train."</p> - -<p class="normal">The Attorney-general. "Did any person meet you?"</p> - -<p class="normal">Witness. "Yes; Mr. Layton. He said my mistress was very ill, -and he took me to the hotel. She was in bed, and she remained there for several -weeks. I attended her the whole of the time."</p> - -<p class="normal">The Attorney-general. "Did she have good doctors?"</p> - -<p class="normal">Witness. "The best that could be got."</p> - -<p class="normal">The Attorney-general. "Was the prisoner attentive to her?"</p> - -<p class="normal">Witness. "Pretty well; <i>I</i> shouldn't have liked it."</p> - -<p class="normal">The Attorney-general. "What do you mean by that?"</p> - -<p class="normal">Witness. "Well, he never sat by her bedside for any length of -time; he never held her hand; he never kissed her. Oh, it is easy to tell when a -man loves a woman!"</p> - -<p class="normal">The Attorney-general. "How long was it before she was able to -get about?"</p> - -<p class="normal">Witness. "Quite three months."</p> - -<p class="normal">The Attorney-general. "Did she then return to England with her -husband?"</p> - -<p class="normal">Witness. "Not for another month. They went to Italy, and I -went with them."</p> - -<p class="normal">The Attorney-general. "Did the prisoner's attentions to his -wife undergo any marked change after her convalescence? Was he more -affectionate--more lovingly attentive?"</p> - -<p class="normal">Witness. "Not that I saw. All he seemed to crave for was -excitement. It was nothing but rushing here and rushing there. Every night some -theatre or entertainment to go to; every day riding about, and dining out at -different places."</p> - -<p class="normal">The Attorney-general. "So that there was not much of home -life?"</p> - -<p class="normal">Witness. "None at all."</p> - -<p class="normal">The Attorney-general. "Was this state of things agreeable to -your mistress?"</p> - -<p class="normal">Witness. "I am not sure. Sometimes she suggested to her -husband that they should spend a quiet evening at home, but he always replied -that he had tickets, or had taken seats, for some place of entertainment. When -she spoke to me of the life they were leading, she used to say how attentive her -husband was to her, and how he was always looking out for something to amuse -her. But I did not regard it in that light; I thought it was more for himself -than for her that he kept up such a round of excitement. It helped him to -forget."</p> - -<p class="normal">The Attorney-general. "To forget what?"</p> - -<p class="normal">Witness. "That he was a married man."</p> - -<p class="normal">The Attorney-general. "During those early days were there any -quarrels between them?"</p> - -<p class="normal">Witness. "No, not what you can call quarrels. Sometimes she -complained, or found fault, but he seldom at that time answered her in any way -to cause a quarrel--that is, so far as he was concerned. It was different -afterwards. There were occasions during their honey-moon--if you can call it a -honey-moon--and at first when they were settled at home, when his silence -provoked my mistress, and made her madder than an open row would have done. But -the more she stormed the quieter he was, and these scenes always ended in one -way: Mr. Layton would leave the house, and remain absent for a good many hours. -Then my poor mistress would torment herself dreadfully, and would cry her eyes -out, and rave and stamp about like a distracted creature. 'He will never come -back!' she would say. 'I have driven him from me! He will make away with -himself! What a wretch I am!' A ring at the bell or a knock at the door would -send her flying down-stairs to see if it was her husband. I was really afraid -sometimes that she would go quite out of her mind. Then, when he came back, she -would rush up to him and throw her arms round his neck, and sob, and fall upon -her knees to ask forgiveness. It was a dreadful life to lead."</p> - -<p class="normal">The Attorney-general. "In what way would the prisoner receive -these tokens of penitence on the part of your mistress?"</p> - -<p class="normal">Witness. "In just the same way as he received her scoldings. -The one remark I heard him make to her in those days--not always in the same -words, but always to the same effect--was, 'You should have more control over -yourself.' I used to wonder that a man could be so provoked and keep so cool. -But a person may be cold outside and hot inside."</p> - -<p class="normal">The Attorney-general. "Do you think that was the case with the -prisoner?"</p> - -<p class="normal">Witness. "Yes, I do think so."</p> - -<p class="normal">The Attorney-general. "Well, they came home and settled down?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Now about the home they occupied? Did -they rent it, or was it their own property?"</p> - -<p class="normal">Witness. "It was their own property. My mistress said it was -purchased partly with her own money, and that it was included in the -settlements."</p> - -<p class="normal">The Attorney-general. "What do you mean by 'partly with her -own money?' money she had saved or inherited?"</p> - -<p class="normal">Witness. "No money she won upon races."</p> - -<p class="normal">The Attorney-general. "Was she, then, in the habit of -betting?"</p> - -<p class="normal">Witness. "She used often to put money on a horse. She would -say, 'Papa has given me a good tip, and I am going to put twenty or thirty -pounds on. If you like, Ida, you can have half a sovereign with me.'"</p> - -<p class="normal">The Attorney-general. "And did you?"</p> - -<p class="normal">Witness. "Yes, because she wished me, and because I knew I was -safe. Mr. Beach was a very knowing man. My mistress would back a tip he gave her -at twenty-five to one. I have known her back it at fifty to one. She would do -this sometimes before the weights appeared. Then her father would say, 'Aggie' -(that is what he called her)--'Aggie, your horse is at ten or twelve to one. I -am going to hedge part of your money for you.' As my half-sovereign was in my -mistress's bet, of course I went with her and I more often won than lost."</p> - -<p class="normal">The Attorney-general. "Without going minutely into the -technicalities of horse racing and betting, may we take it that the principle of -the hedging you have spoken of is wise, from a gambling point of view?"</p> - -<p class="normal">Witness. "Oh yes. By backing a likely horse at a long price, -as my mistress had the opportunity of doing through her father, and by laying -against it if it comes to a short price, you reduce the chances of losing. That -is good hedging."</p> - -<p class="normal">The Attorney-general. "Can anybody do that?"</p> - -<p class="normal">Witness. "Well, not exactly. Those who are behind the scenes -have the best advantage. As a rule the people who back horses are gulls. That is -why the book-makers make fortunes. They are playing at a game they know nine out -of ten who bet with them are playing at a game they don't know. That is how it -is. I have heard Mr. Beach say, 'The devil is on our side.'"</p> - -<p class="normal">The Attorney-general. "Meaning on the side of the -book-makers?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Were you fond of betting yourself?"</p> - -<p class="normal">Witness. "I hated it. I only did what my mistress advised me -to do, to please her."</p> - -<p class="normal">The Attorney-general. "To return to the house which was partly -paid for with the money your mistress won. Did the prisoner take an active part -in the selection of the furniture?"</p> - -<p class="normal">Witness. "He did nothing whatever. Everything was done by my -mistress, and she was disappointed because he would not go with her to the -different establishments she visited. But in the end she argued as she always -did when he was in question. He was quite right, she said; she could not expect -him to trouble himself about such things; it was a woman's business, and, by -leaving everything to her, it showed that he believed she had good taste."</p> - -<p class="normal">The Attorney-general. "When they were settled in London what -kind of society did they keep?"</p> - -<p class="normal">Witness. "At first the same as used to come to Mr. Beach's -house. Mr. Beach brought them, but Mr. Layton was rude and uncivil to them, and -after a time they stopped away. I must say, if he was rude and uncivil to them, -they were quite as rude and uncivil to him, and if he had met them with the -temper they displayed, nothing could have prevented the occurrence of -disgraceful scenes. He behaved to them in exactly the same way he behaved to my -mistress when they disagreed. He left the house, and did not return till they -were all gone."</p> - -<p class="normal">The Attorney-general. "Were they in the habit of coming to the -house without receiving an invitation from its master?"</p> - -<p class="normal">Witness. "I believe so. My mistress would say, 'Papa is going -to bring three or four friends to dinner.' He would look at her and say nothing; -and when the dinner was served Mr. Layton would be absent. Mr. Beach would then -take the head of the table, and I have heard him, when he was filled with -champagne--he scarcely ever drank anything else but champagne and whiskey--speak -very angrily about 'the stuck-up pride of his fine gentleman son-in-law.' The -other guests were not behindhand in abusing him."</p> - -<p class="normal">The Attorney-general. "Although they were eating at his table -and drinking his wine?"</p> - -<p class="normal">Witness. "Yes. At other times in the evening, when Mr. Layton -was at home with my mistress, Mr. Beach would make his appearance unexpectedly -with his friends but Mr. Layton would never remain in their company. It seemed -to me that Mr. Beach did these things to vex Mr. Layton, and that it was a kind -of battle between them as to who should be master."</p> - -<p class="normal">The Attorney-general. "A battle, however, in which the -prisoner did not take any violent part?"</p> - -<p class="normal">Witness. "But it ended in his being left the master of the -field."</p> - -<p class="normal">The Attorney-general. "Explain."</p> - -<p class="normal">Witness. "After twelve months or so Mr. Beach's friends ceased -entirely to come to the house. Then, when Mr. Beach came, he came alone."</p> - -<p class="normal">The Attorney-general. "On those occasions did the prisoner -remain at home?"</p> - -<p class="normal">Witness. "Yes, whenever Mr. Beach was alone Mr. Layton -remained in."</p> - -<p class="normal">The Attorney-general. "How did they pass the time?"</p> - -<p class="normal">Witness. "Playing billiards generally."</p> - -<p class="normal">The Attorney-general. "Now, in all the questions I have asked -and you have answered, there are two subjects upon which no definite -information has been forth-coming. Give your best attention to them. Are you -aware that before or at the time of the prisoner's engagement with your mistress -he had been or was engaged to another lady? Take time. You have said that you -were in the confidence of your mistress, and that she used to speak freely to -you. At any period during these communications did she refer to another -engagement?"</p> - -<p class="normal">Witness. "It was in this way, and I can't answer the question -in any other."</p> - -<p class="normal">The Attorney-general. "Answer it as best you can."</p> - -<p class="normal">Witness. "At one time my mistress said, 'I wonder if Mr. -Layton, before he saw me, was ever in love?' That was the way it was first -introduced. I did not know how to answer her without running the risk of hurting -her feelings, but she pressed me, and I was forced to say I thought it very -unlikely that a gentleman as good-looking as he was should not have had his -fancies. She pressed me further until I said there were very few men of his age -who had not been in love. She appeared distressed at this, but soon brightened -up, and said, 'What is that to me so long as he is mine?' But it weighed upon -her mind, as was proved by her telling me at another time that she had asked Mr. -Layton whether he had ever been in love, and that he would not give her any -satisfaction--which, to my mind, was quite as good as his confessing that he had -been. These conversations between my mistress and me took place in the early -days, and for some time after her marriage she did not say anything more about -it. But when she was laid on a sick-bed--I mean within a few months of her being -murdered--"</p> - -<p class="normal">The Attorney-general. "Do not say that. It is for the jury to -decide. Say within a few months of her death."</p> - -<p class="normal">Witness. "Well, within a few months of her death she told me -at least half a dozen times that she had discovered he had been in love with -another lady, and that she believed he was so when he married her. She said it -was wicked and abominable, and that if she saw 'the creature' she would kill -her."</p> - -<p class="normal">The Attorney-general. "Supposing this to be true, your -mistress never discovered who this other lady was?"</p> - -<p class="normal">Witness. "Never to my knowledge."</p> - -<p class="normal">The Attorney-general. "As to your mistress's attachment to her -husband, did it ever, in your knowledge, grow weaker?"</p> - -<p class="normal">Witness. "I don't exactly know how to describe it. She loved -and hated him all at once. She was torn to pieces with love and jealousy."</p> - -<p class="normal">The Attorney-general. "Is that all you can tell us upon this -subject?"</p> - -<p class="normal">Witness. "That is all."</p> - -<p class="normal">The Attorney-general. "I come now to the second subject. It is -concerning the prisoner's family. You have informed us that not one was present -at the wedding, and that not one recognized the union by sending a wedding -present. Now, are you aware whether he had parents, or brothers or sisters?"</p> - -<p class="normal">Witness. "All that I heard was that he had a father living. -But I did not hear that till more than a year after the marriage."</p> - -<p class="normal">The Attorney-general. "Who told you then?"</p> - -<p class="normal">Witness. "My mistress. Although she confided nearly everything -to me, she kept this to herself for a long time."</p> - -<p class="normal">The Attorney-general. "Did not her father, Mr. Beach, speak -about it?"</p> - -<p class="normal">Witness. "I never heard him; I had very little to do with him. -I had understood, at the time of the marriage, that Mr. Layton's father was -abroad, but I had reason to believe afterwards that this was not so--that he was -in England."</p> - -<p class="normal">The Attorney-general. "Did the prisoner ever speak of it?"</p> - -<p class="normal">Witness. "I never heard him."</p> - -<p class="normal">The Attorney-general. "Did the prisoner's father never come to -the house?"</p> - -<p class="normal">Witness. "Never."</p> - -<p class="normal">The Attorney-general. "Do you know whether he is alive at the -present time?"</p> - -<p class="normal">Witness. "I heard that he was dead. My mistress said so."</p> - -<p class="normal">The Attorney-general. "Did the prisoner go into mourning?"</p> - -<p class="normal">Witness. "He wore crape upon his hat for several weeks."</p> - -<p class="normal">The Attorney-general. "Now, concentrate your attention upon -the day and the night of the 25th of March. I wish you to narrate, concisely, -all that passed, within your own knowledge, concerning the prisoner and his wife -from the morning of the 25th of March until the morning of the 26th."</p> - -<p class="normal">Witness. "At ten o'clock in the morning of the 25th my -mistress's bell rang, and I went to her room. My instructions were, never to -enter her room in the morning until she rang for me. There were two bell-ropes, -one on each side of the bed, so that on whichever side she was lying one of them -was within reach of her hand."</p> - -<p class="normal">The Attorney-general. "Stop a moment. Did the prisoner and his -wife occupy one room?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "For how long had this been the case?"</p> - -<p class="normal">Witness. "For a good many months. Ever since things began to -get worse between them."</p> - -<p class="normal">The Attorney-general. "Proceed. You heard your mistress's bell -ring, and you entered her room at ten o'clock."</p> - -<p class="normal">Witness. "She said that she had passed a very bad night, that -she had had dreadful dreams, and that she was afraid something terrible was -going to happen to her. She asked me if her husband was up, and I told her that -he had just entered the breakfast-room, that I had met him on the stairs, and -that he inquired whether she were awake, as he wished to speak to her before he -went out. My mistress said that she also wished to speak to him, and she asked -me if I knew where he was going. Of course I did not know, and I told her so. -She often asked me questions which she must have known very well were not -possible for me to answer. I washed her, and tidied up the room, and then she -desired me to go and tell my master to come to her. I knocked at the door of the -breakfast-room three or four times, and receiving no answer, I opened it. My -master was sitting at the table, and he started up when I entered, just as if I -had aroused him from a dream. His face was very pale, and he held a letter in -his hand. I noticed that he had not touched the breakfast. I gave him my -mistress's message. He nodded, and went to her room at once. The moment he -entered my poor mistress began to talk, but he stopped her and ordered me out. -'Keep in the next room,' my mistress said to me--'I may want you.' I went into -the next room, and remained there quite half an hour, until my mistress's bell -rang again. My master rushed past me as I opened the door, and I saw that my -mistress was dreadfully agitated. She was sitting up in bed, and--"</p> - -<p class="normal">The Attorney-general. "Stop! While you were in the adjoining -room did you hear anything?"</p> - -<p class="normal">Witness. "Not distinctly."</p> - -<p class="normal">The Attorney-general. "Do you mean by that that you could not -distinguish the words that were spoken by your master and mistress?"</p> - -<p class="normal">Witness. "I could not distinguish the words. I could only hear -their voices when they spoke loudly."</p> - -<p class="normal">The Attorney-general. "Did they speak loudly on this -occasion?"</p> - -<p class="normal">Witness. "Very loudly."</p> - -<p class="normal">The Attorney-general. "In merriment?"</p> - -<p class="normal">Witness. "Quite the contrary. They were quarrelling."</p> - -<p class="normal">The Attorney-general. "That is your understanding of their -voices?"</p> - -<p class="normal">Witness. "I could not be mistaken. Nearly the whole of the -time their voices were raised to a high pitch."</p> - -<p class="normal">The Attorney-general. "Which of the two voices made the -stronger impression upon you?"</p> - -<p class="normal">Witness. "My master's. I am certain he was threatening her, as -he had done many times during the last few months."</p> - -<p class="normal">The Attorney-general. "That is an improper remark for you to -make. Confine yourself strictly to the matter in hand, and to the time you are -giving evidence upon. When you entered your mistress's room she was sitting up -in bed, dreadfully agitated, and your master rushed past you?"</p> - -<p class="normal">Witness. "Yes, and she called out after him, 'Never, while I -am alive! You wish I were dead, don't you, so that you may be free to marry -again? But I sha'n't die yet, unless you kill me!"</p> - -<p class="normal">The Attorney-general. "You are positive she made use of these -words?"</p> - -<p class="normal">Witness. "Quite positive."</p> - -<p class="normal">The Attorney-general. "Did the prisoner make any reply?"</p> - -<p class="normal">Witness. "None; and his silence appeared to infuriate my -mistress. She cried out after him, 'You are a villain! you are a villain!'"</p> - -<p class="normal">The Attorney-general. "Did you see the prisoner again during -the morning?"</p> - -<p class="normal">Witness. "No. In a few minutes I heard the street door open -and close, and my mistress told me to run and see whether it was her husband -going out. I went to the front-room window, and saw him enter the carriage and -drive away. I returned to my mistress and informed her of it. She was in a -furious state, and if she had had the strength she would have dressed herself -and followed him; but she was too weak, unassisted, to get out of bed."</p> - -<p class="normal">The Attorney-general. "Upon that point you are also positive?"</p> - -<p class="normal">Witness. "Quite positive."</p> - -<p class="normal">The Attorney-general. "Did your mistress make you acquainted -with the cause of the quarrel between her and the prisoner?"</p> - -<p class="normal">Witness. "She told me a good deal. She said that when she -married him it was the worst day's work she had ever done, and that he had -deceived her from first to last. All he wanted was for her to die but although -he had treated her so vilely, she had him in her power."</p> - -<p class="normal">The Attorney-general. "What did she mean by that? Did she -explain?"</p> - -<p class="normal">Witness. "Not clearly. She spoke vaguely about papers and -acceptances for money which she had, and which he wanted to get hold of. 'He -should have them, every one,' she said, 'and do whatever he liked, if he would -be true to me. But he is false, he is false, and I will be revenged upon him!'"</p> - -<p class="normal">The Attorney-general. "Did you acquire this knowledge all at -one time?"</p> - -<p class="normal">Witness. "No. My mistress spoke at odd times during the day, -when I went in and out of her room."</p> - -<p class="normal">The Attorney-general. "Nothing else said?"</p> - -<p class="normal">Witness. "Nothing that I can remember."</p> - -<p class="normal">The Attorney-general. "Did the prisoner return to the house -during the day?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "Did you leave the house during the -day?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "Or night?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "You remained in attendance upon your -mistress?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Did she make any inquiries about her -husband?"</p> - -<p class="normal">Witness. "Oh yes. In the afternoon and evening she asked me a -dozen times at least whether he had come home."</p> - -<p class="normal">The Attorney-general. "At what time on the night of this day -did you cease attendance upon your mistress?"</p> - -<p class="normal">Witness. "At nine o'clock. She told me I need not come into -the room again unless she rang."</p> - -<p class="normal">The Attorney-general. "What then did you do?"</p> - -<p class="normal">Witness. "I went to my own room to do some sewing."</p> - -<p class="normal">The Attorney-general. "When you left your mistress's room was -there a table by her side?"</p> - -<p class="normal">Witness. "Yes; it was always there."</p> - -<p class="normal">The Attorney-general. "There were certain things upon it?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "What things?"</p> - -<p class="normal">Witness. "A decanter of water, a tumbler, and a bottle of -lozenges."</p> - -<p class="normal">The Attorney-general. "Was there a label on this bottle?"</p> - -<p class="normal">Witness. "Yes; it was labelled 'poison.'"</p> - -<p class="normal">The Attorney-general. "Were those the sleeping-lozenges your -mistress was in the habit of taking?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "What was their color?"</p> - -<p class="normal">Witness. "White."</p> - -<p class="normal">The Attorney-general. "How many of the lozenges were in the -bottle?"</p> - -<p class="normal">Witness. "I am not sure. Ten or a dozen, I should say."</p> - -<p class="normal">The Attorney-general. "Being labelled poison, it could not be -mistaken that they were dangerous to life?"</p> - -<p class="normal">Witness. "There could be no mistake. My mistress had told me -that if a person took three or four of them at once he would go to sleep and -never wake again."</p> - -<p class="normal">The Attorney-general. "Was it considered safe to leave such -dangerous narcotics within her reach?"</p> - -<p class="normal">Witness. "She was a very prudent woman. She was fond of life; -she dreaded the idea of death."</p> - -<p class="normal">The Attorney-general. "Were there any other articles on the -table?"</p> - -<p class="normal">Witness. "Pen, ink, and paper, and a book."</p> - -<p class="normal">The Attorney-general. "At what time did you go to bed?"</p> - -<p class="normal">Witness. "I can't be quite exact as to the time, but it was -about twelve o'clock."</p> - -<p class="normal">The Attorney-general. "Where was your bedroom situated?"</p> - -<p class="normal">Witness. "On the second floor."</p> - -<p class="normal">The Attorney-general. "And your mistress's?"</p> - -<p class="normal">Witness. "On the first floor."</p> - -<p class="normal">The Attorney-general. "By going out of your bedroom door into -the passage and leaning over the balustrade, could you see down to the -ground-floor?"</p> - -<p class="normal">Witness. "Yes, pretty clearly. It was a straight view."</p> - -<p class="normal">The Attorney-general. "You went to bed, you say, at about -twelve o'clock. Before you retired had your master returned home?"</p> - -<p class="normal">Witness. "Yes. I was undressing when I heard the street door -open and close. Then I heard a carriage drive away. I stepped out of my room -softly and looked over the balustrade to make sure that it was my master. At the -moment I looked down I saw him turning off the gas in the hall."</p> - -<p class="normal">The Attorney-general. "And you saw nothing more?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "And heard nothing more?"</p> - -<p class="normal">Witness. "Yes, I heard something. I remained in the passage on -the second floor, bending over the balustrade, and it seemed to me to be a very -long time before my master made any movement. I should say five or six minutes -passed before I heard him, very, very softly, ascend the stairs to the first -floor. Perhaps I was fanciful, through being alone so long in my own room; but -the silence in the house, and then the sound of my master coming up the stairs -much more quietly than was usual with him, made me nervous, I don't know why. I -fancied all sorts of things."</p> - -<p class="normal">The Attorney-general. "Never mind your fancies. Did you hear -any other footsteps besides those of your master?"</p> - -<p class="normal">Witness. "I am not sure. I can't say. It never entered my mind -that anybody could be with him, and yet I could not help fancying things. To -speak the truth, I was so upset that I went into my own room and locked the -door. I listened with my ear at the bedroom door, and I heard the handle of my -mistress's room being turned."</p> - -<p class="normal">The Attorney-general. "And then?"</p> - -<p class="normal">Witness. "I was already partially undressed, and I went to -bed."</p> - -<p class="normal">The Attorney-general. "Did you sleep soundly?"</p> - -<p class="normal">Witness. "No. I woke up suddenly with the idea that the street -door had been opened and closed again. I lay in bed, frightened, but hearing -nothing more, presently fell asleep again."</p> - -<p class="normal">The Attorney-general. "There were no cries, no voices loudly -raised?"</p> - -<p class="normal">Witness. "I heard none."</p> - -<p class="normal">The Attorney-general. "Did you sleep soundly after that?"</p> - -<p class="normal">Witness. "No. I was dozing off and waking up the whole of the -night--a hundred times, it seemed to me. How I have reproached myself since that -when I saw my master put out the gas in the hall I did not have the courage to -go down to him!"</p> - -<p class="normal">The Attorney-general. "At what time in the morning did you -usually rise?"</p> - -<p class="normal">Witness. "At half-past seven, unless my mistress required me -earlier."</p> - -<p class="normal">The Attorney-general. "Was that the hour at which you rose on -the morning of the 26th of March?"</p> - -<p class="normal">Witness. "No; I rose much earlier--at six or a quarter past -six I can't say exactly to a minute, because I did not look at my watch."</p> - -<p class="normal">The Attorney-general. "Then, after dressing, did you go -down-stairs?"</p> - -<p class="normal">Witness. "Yes, with a candle in my hand It was dark."</p> - -<p class="normal">The Attorney-general. "Any sound in the house?"</p> - -<p class="normal">Witness. "None."</p> - -<p class="normal">The Attorney-general. "Did you listen at your mistress's -bedroom door?"</p> - -<p class="normal">Witness. "I stood there for a moment, but I heard nothing."</p> - -<p class="normal">The Attorney-general. "After that, what did you do?"</p> - -<p class="normal">Witness. "I went down to the hall."</p> - -<p class="normal">The Attorney-general. "To the street door?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "On which side of the hall was the -coat-rack?"</p> - -<p class="normal">Witness. "On the left from the house, on the right from the -street."</p> - -<p class="normal">The Attorney-general. "Did you look at it?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "What did you observe?"</p> - -<p class="normal">Witness. "That my master's ulster was hanging up in its usual -place."</p> - -<p class="normal">The Attorney-general. "You are positive that it was in its -usual place?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Would you recognize the ulster again?"</p> - -<p class="normal">Witness. "Most certainly it is a coat of a very peculiar -pattern."</p> - -<p class="normal">The Attorney-general. "Is this it?" (Ulster produced.)</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Was the prisoner's hat hanging in its -usual place?"</p> - -<p class="normal">Witness. "No, it was not there."</p> - -<p class="normal">The Attorney-general. "Did you look at the street door?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Did you observe anything?"</p> - -<p class="normal">Witness. "Yes, something surprising."</p> - -<p class="normal">The Attorney-general. "What?"</p> - -<p class="normal">Witness. "That the chain was not up, and that it was not -locked, as was always done by my master himself when he returned home late. On -other occasions it was done by a servant. Then, I thought, it could have been no -fancy of mine that I heard the street door open and shut in the middle of the -night."</p> - -<p class="normal">The Attorney-general. "Proceed with an account of your -movements after the discovery."</p> - -<p class="normal">Witness. "I was alarmed, and I considered for a little while -what I ought to do. Then it suddenly occurred to me that the door of the bedroom -my master occupied was not quite closed when I had passed it on my way -down-stairs. I went up quietly to convince myself, and I saw it was not shut. I -touched it with my hand very gently and timidly, and it swung open. Thinking it -my duty to acquaint my master with the circumstance of the street door chain not -being up, I ventured to step into the bedroom and to call, 'Sir!' I held the -candle above my head, and to my astonishment saw that there was no one in the -room, and that the bed had not been occupied during the night. I went boldly -into the room and convinced myself. No one was there, no one had been there. The -bed was just as it had been made on the previous day. Now really alarmed, I -hurried to my mistress's bedroom, and knocked at her door. There was no answer. -I knocked again and again, and still there was no answer. I opened the door and -entered. My mistress was lying quite still in bed. I stepped quietly to her side -and bent over. My heart almost stopped beating as I looked at her face, there -was something so awful in it. 'Madam! madam!' I cried, softly, and I ventured to -push her by the shoulder. She made no movement; she did not speak. I cried to -her again, and pushed her again, and then a suspicion of the horrible truth -flashed upon me. I raised her in my arms, and she fell back upon the bed. I -scarcely know what happened after that. I began to scream, and I think I became -hysterical. The next thing I remember was the servants rushing into the room and -me pointing to the dead body of my mistress."</p> - -<p class="normal">The Attorney-general. "Do you remember saying anything to the -effect that your master had murdered her?"</p> - -<p class="normal">Witness. "I should not like to swear to it; but it may have -been in my mind because of the cruel life they had led together, and because of -what had passed between them on the previous morning."</p> - -<p class="normal">The Attorney-general. "After a time you became calmer and more -collected?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Had one of the servants gone for a -policeman?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Shortly afterwards a detective officer, -Lumley Rich, entered the room?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "What was his first question when he had -convinced himself that your mistress was dead?"</p> - -<p class="normal">Witness. "He asked if anything in the room had been touched or -disturbed, and I said, 'No, nothing had been touched or disturbed.'"</p> - -<p class="normal">The Attorney-general. "In consequence of the officer's -question upon this point, was your attention directed to the table by the -bedside?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Was everything upon the table as you -had left it at nine o'clock on the night before, when you ceased attendance upon -your mistress?"</p> - -<p class="normal">Witness. "The pen, ink, and paper were there. The decanter was -there, with very little water in it, and I was horror-struck to see that the -bottle of sleeping-lozenges was quite empty. I made a remark to that effect to -the detective. Turning to the mantle-shelf, I saw upon it the tumbler which, -when I left my mistress's room the night before, had been on the table by her -side."</p> - -<p class="normal">The Attorney-general. "You say that during the day of the 25th -of March your mistress spoke vaguely about papers and acceptances for money -which she held, and of which the prisoner desired to obtain possession. Do you -know anything further concerning those papers and acceptances?"</p> - -<p class="normal">Witness. "Nothing."</p> - -<p class="normal">The Attorney-general. "Do you know if any were found after -your mistress's death?"</p> - -<p class="normal">Witness. "I do not know."</p> - -<p class="normal">The Attorney-general. "You saw your master when he entered the -house at seven o'clock in the morning?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">The Attorney-general. "Was he wearing an overcoat on that -occasion?"</p> - -<p class="normal">Witness. "No."</p> - -<p class="normal">The Attorney-general. "What was his appearance?"</p> - -<p class="normal">Witness. "Very haggard; as though he had had no sleep--as -though he had passed a dreadful night."</p> - -<p class="normal">The Attorney-general. "That will do."</p> - -<p class="normal">(In accordance with the plan of defence which the prisoner -seemed to have laid down for himself, his cross-examination of this witness was -very brief.)</p> - -<p class="normal">Prisoner. "You say that when you were in the room adjoining my -wife's bedroom, during my interview with her on the Morning of the 25th of -March, you heard our voices raised to a high pitch, and that of the two voices -mine made the stronger impression upon you?"</p> - -<p class="normal">Witness. "Yes, I did say so."</p> - -<p class="normal">Prisoner. "You mean, of course, by that, that I was speaking -loudly and violently?"</p> - -<p class="normal">Witness. "Yes, I do mean it."</p> - -<p class="normal">Prisoner. "Do you adhere to that statement?"</p> - -<p class="normal">Witness. "Yes, I adhere to it."</p> - -<p class="normal">Prisoner. "And to your conviction that I was threatening my -wife?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">Prisoner. "As I had threatened her many times before?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">Prisoner. "You have heard me threaten her many times during -the last few months?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">Prisoner. "In as loud and violent a tone as you say I used on -this occasion?"</p> - -<p class="normal">Witness. "No, not so loudly and violently as on this occasion; -but that did not make it less dreadful."</p> - -<p class="normal">Mr. Justice Fenmore. "We do not want your opinions. Confine -yourself to the statement of facts."</p> - -<p class="normal">Prisoner. "Are you aware that my life is at stake?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">Prisoner. "And that the evidence you have given is almost, if -not quite, fatal against me?"</p> - -<p class="normal">Witness. "I do not know anything about that. I have said only -what is true."</p> - -<p class="normal">Prisoner. "Is it not possible that, having a prejudice against -me, you may have allowed your imagination to warp your reason?"</p> - -<p class="normal">Witness. "If by that you mean that I am inventing things -against you, it is not true. I have only told what I heard."</p> - -<p class="normal">Prisoner. "And you heard my wife, when I left the room, call -after me the words you have already given in evidence, to the effect that she -believed I wished her dead, but that she would not die yet, unless I killed -her?"</p> - -<p class="normal">Witness. "I heard her say so."</p> - -<p class="normal">Prisoner. "And that she called after me that I was a villain?"</p> - -<p class="normal">Witness. "I heard her say so."</p> - -<p class="normal">Prisoner. "In the description you have given of your movements -on the night of this fatal day, you say that, upon hearing the street door open -and close, you came out of your bedroom, and leaning over the balustrade, looked -down into the hall?"</p> - -<p class="normal">Witness. "Yes, that is true."</p> - -<p class="normal">Prisoner. "And that you saw me putting out the gas in the -hall?"</p> - -<p class="normal">Witness. "Yes."</p> - -<p class="normal">Prisoner. "You are certain it was I?"</p> - -<p class="normal">Witness. "Yes. You had your ulster on, and as you had to stand -on tiptoe to put out the gas, your face was raised to the light, and I saw it -plainly."</p> - -<p class="normal">Prisoner. "You saw my face plainly?"</p> - -<p class="normal">Witness. "As plainly as I see it now."</p> - -<p class="normal">Prisoner (with a movement of impatience). "I have no further -questions to ask you."</p> - -<p class="normal">The Court then adjourned.</p> -<br> -<br> -<br> -<br> -<h4><a name="div1_01.6" href="#div1Ref_01.6">VI.</a></h4> - -<h5>DESCRIPTION OF THE LAST DAY'S PROCEEDINGS--EXTRACTED FROM A DAILY PAPER.</h5> -<br> - -<p class="normal">"The trial of Edward Layton for the murder of his wife came to -a singular and unsatisfactory termination late last night. That the public -interest in the case had reached an almost unprecedented height was proved by -the large number of persons who were unable to obtain admission to the court.</p> - -<p class="normal">"On the previous evening the evidence for the prosecution had -closed, and there was a painful and eager expectancy in the minds of all present -as to the line of defence which the prisoner intended to adopt. This line of -defence--if, indeed, it can be called a defence--was as surprising as it was -brief.</p> - -<p class="normal">"The prisoner, addressing the judge and the jury, intimated -that it was not his intention to call witnesses on his behalf. Most of the -witnesses for the prosecution, he said, had given their evidence fairly, and if -they had committed themselves to misstatements and discrepancies, it was more -because they were either misled or mistaken--in the case of one witness, Ida -White, because she was strangely prejudiced against him--than that they had a -desire to make the case against him even blacker than it was. It had happened -before, and would doubtless happen again, that a man found himself thrust into -such an unhappy position as he himself stood through no fault of his own, and -that he was unable to say or do anything to prove his innocence. Sometimes it -was with such a man a matter of honor, sometimes a matter of conscience. In his -own case it sprung from both his honor and his conscience that his lips were -sealed, and the utmost he could say for himself was that he was an innocent man, -with so dark an array of evidence against him as to almost incontestably prove -him to be guilty. All that he could do was to declare most solemnly that the -accusation upon which he was being tried was false, and that he stood before -them as unstained by crime as they were themselves. What could be said truly in -his favor was that his character, and to some extent his blameless life, were a -refutation of the charge. Evidence of character was generally called in -mitigation of impending punishment. He did not intend to call such evidence, -because, by so doing, it would be a half-admission that he stood there a guilty -instead of an innocent man. He knew perfectly well how lame and impotent these -weak words must sound in the ears of those who were sitting in judgment upon -him; but this he could not help. It was but part of the fatal web in which he -was entangled. That he and his wife had lived unhappily together was not to be -disputed; but even in this most serious crisis of his life he denied the right -arrogated by the legal profession to rip open a man's private affairs and expose -to the vulgar gaze what he desired should be hidden from it. The last thing he -would do, even if he were in ten times the peril in which he then stood, was to -drag other persons into the case, and to allow them to be blackened and vilified -as he had been. 'I can scarcely doubt,' said the prisoner, 'what your verdict -will be. Were I in your place, I should most likely decide as you will decide; -but none the less will it be a solemn fact that though you are legally right, -you are morally wrong. I must be content to let the case rest as it has been -presented to you, and to abide the issue, though it may cost me my life.'</p> - -<p class="normal">"Never in a criminal court, in the case of a man arraigned -upon so grave a charge, has there been heard a defence so weak and strange; but -it is nevertheless a fact that the prisoner's earnest and, to all appearance, -ingenuous manner produced a deep impression upon all who heard him; and when he -ceased speaking there was, in the murmurs of astonishment that followed, an -unmistakable note of sympathy.</p> - -<p class="normal">"After a slight pause the Attorney-general rose to sum up the -case against the prisoner, and his incisive judicial utterances soon dispelled -the impression which the prisoner's earnestness had produced. He said that in -the circumstances of the case his speech would be briefer than it otherwise -would have been. He had a duty to perform, and he would perform it, without, he -hoped, any undue severity or harshness. Unhappily the evidence was only too -clear against the prisoner, and unhappily the prisoner had strengthened the case -against himself. This was not a matter of sentiment it was a matter of justice, -and justice must be done. With slight limitations, around which the prisoner -threw a veil of silence, contenting himself to cast suspicion upon them by some -kind of mysterious implication which no person could understand, and not -venturing to give them a distinct and indignant denial--with slight limitations, -then, the prisoner had admitted the truthfulness of the evidence brought against -him. As the prisoner had not directly referred to these doubtful points in the -evidence, he would himself do so, and endeavor to clear away any latent -doubt--if such existed--in the minds of the jury. First, with respect to the -ulster. The prisoner did not deny that he wore this ulster on the whole of the -day his coachman, James Moorhouse, was driving him to various places, and it was -only upon his arrival home at midnight that he endeavored to shake the -coachman's evidence as to whether, when he entered the carriage, upon leaving -Prevost's Restaurant, and upon his issuing from the carriage when the coachman -drew up at his house, he still had this ulster on. What his motive was in -endeavoring to shake the coachman's testimony upon this point it was impossible -to say. He (the learned counsel) had most carefully considered the matter, and -the only conclusion he could arrive at was that the prisoner was anxious to -instil a doubt into the minds of the jury, that it was not he who left the -restaurant at ten minutes to twelve and entered his carriage, and that it was -not he who alighted from the carriage and opened his street door. But supposing, -for instance, that this argument had a foundation in fact, was it not easy for -the prisoner to prove what he had done with himself between ten minutes to -twelve on the night of the 25th of March and seven o'clock on the morning of the -26th? Surely some person or persons must have seen him, and had he produced -those persons there would have been a reasonable <i>alibi</i> set up, which it -would be the duty of every one engaged in this case seriously to consider. -Indeed, he would go so far as to say that, admitting such evidence to be brought -forward and established, there could not be found a jury who would convict the -prisoner of the charge brought against him. It would then have been proved that -the prisoner had not seen his wife from eleven o'clock on the morning of the -25th of March until seven o'clock on the morning of the 26th, and as it was -during the night of those days that the unhappy lady met her death, it would -have been impossible to bring the prisoner in guilty. But, easy as this evidence -must have been to produce, there is not only no attempt to produce it, but in -his lamentably impotent speech the prisoner does not even refer to it. In his -mind, then, and in the minds of all reasonable men, there could not be a doubt -that this was the case of one who, in despair, was catching at a straw to save -himself. The learned counsel touched briefly but incisively upon every point in -the evidence concerning which the prisoner had maintained silence, and had made -no endeavor to confute. For instance, there was the lady whom he had met in -Bloomsbury Square, whom he took to Prevost's Restaurant, whom he regaled with a -supper which neither he nor she touched--a distinct proof that they were -otherwise momentously occupied. The evidence with respect to this lady is -irrefragable. She was no shadow, no myth, no creation of the imagination; she -was a veritable being of flesh and blood. All the efforts of the prosecution had -failed to trace her, and the just deduction was that she was somewhere in -biding, afraid to come forward lest she should be incriminated and placed side -by side with the prisoner in the dock. The prisoner did not deny her existence, -nor that she and he were for several hours in company with each other. Were he -innocent, what possible doubt could exist that he would bring her forward to -establish his innocence? Were both innocent, would not she of her own accord -step forward to prove it? The prisoner, in his address, made certain allusions -to honor and conscience, by which he would make it appear that he was guided by -his honor and his conscience in the singular method of his defence; and it may -be that there existed in him some mistaken sense of chivalry which induced him -to do all in his power to screen the partner in his crime. It would have been -better for him had he brought his honor and his conscience to bear in the -unhappy engagement into which he entered with the unfortunate lady who -afterwards became his wife; but it had been amply proved that the marriage was -not, on his side at least, a marriage of affection. Distinctly he married her -for her money, and distinctly he would be a great gainer by her death. Thus, -then, there existed a motive, and not a novel one--for the tragedy has been -played many times in the history of crime--for his getting rid of her. He (the -counsel for the prosecution) did not wish to press hardly upon the prisoner, who -was a man of culture and education, and must feel keenly the position in which -he stood, whatever might be his outward demeanor. But it devolved upon him to -impress upon the jury not to allow any false sentiment to cause them to swerve -from the straight path of duty. They must decide by the evidence which had been -presented to them, and it was with a feeling the reverse of satisfactory that he -pointed out to them that this evidence could lead to but one result.</p> - -<p class="normal">"The summing up of the learned judge (which, with the -Attorney-general's speech, will be found fully reported in other columns) was a -masterly analysis of the evidence which had been adduced. He impressed upon the -jury the necessity of calm deliberation, and of absolute conviction before they -pronounced their verdict. Circumstantial evidence was, of all evidence, the most -perplexing and dangerous. It had, in some rare instances, erred but these -exceptions were, happily, few and far between. It had, on the other hand, led to -the detection of great criminals, and without its aid many heinous aggressors -against the law would slip through the hands of justice. He dismissed the jury -to their duty, and he prayed that wisdom might attend their deliberations.</p> - -<p class="normal">"At half-past three o'clock the jury retired, and it was the -general impression that the case would be ended within the hour. The prisoner -sat in the dock, shading his eyes with his hand. Not once did he look up to the -court. He seemed to be preparing himself for his impending fate. But four -o'clock, five o'clock, six o'clock passed, and the suspense grew painful. It was -clear that there was not that agreement between the jury which all in court, -including even the prisoner, had expected. At twenty minutes past six the -foreman of the jury entered the court, and informed the judge that there was no -chance of the jury agreeing upon a verdict.</p> - -<p class="normal">"The Judge. 'Is there any point of law upon which you desire -information?'</p> - -<p class="normal">"The Foreman of the Jury. 'None, my lord.'</p> - -<p class="normal">"The Judge. 'Is there any discrepancy in the evidence which -the jury wish cleared?'</p> - -<p class="normal">"The Foreman of the Jury. 'No, my lord. It is simply that we -cannot agree.'</p> - -<p class="normal">"The learned judge then intimated that, after so long and -patient a trial, he could not lightly dismiss the jury from their duties, and he -bade the foreman again retire to a further consideration of the case. The court, -he said, would sit late to receive the verdict.</p> - -<p class="normal">"Seven o'clock, eight o'clock, nine o'clock passed, and then -the learned judge sent for the foreman of the jury, and inquired whether any -progress had been made towards an agreement.</p> - -<p class="normal">"The Foreman of the Jury. 'None, my lord. There is no possible -chance of the jury agreeing upon a verdict.'</p> - -<p class="normal">"It was remarked that no person in court appeared to be more -surprised than the prisoner, and when the jury were called in and dismissed by -the judge from their duties, Edward Layton, before he was removed from the dock -by the jailers, leaned eagerly forward to scan their countenances.</p> - -<p class="normal">"Nothing further transpired, and this unexpected chapter in -the Layton mystery was closed."</p> -<br> -<br> -<br> -<br> -<br> -<h3><a name="div1_02.0" href="#div1Ref_02.0">PART THE SECOND.</a></h3> -<br> -<br> -<br> -<br> -<h4>THE CABLE MESSAGE FROM AMERICA.</h4> -<br> -<br> -<p class="normal">At ten o'clock on the night following this exciting day, Mr. -Bainbridge, Q.C., and his friend, Dr. Daincourt, were chatting together in the -dining-room of the lawyer's house. They had met by appointment, and were now -conversing over the strange incidents of the Layton trial.</p> - -<p class="normal">"Its termination," said Dr. Daincourt, "is in harmony with the -whole of the proceedings. I am afraid, when Layton is put again upon his trial, -that there will be no further disagreement on the part of the jury, and that his -conviction is certain."</p> - -<p class="normal">"With the evidence as it stands at present," said Mr. -Bainbridge, thoughtfully, "you are right in your conclusion. But there is here a -mystery to be brought to light which, discovered, may lead to a different -result. Almost unfathomable as this mystery now appears to be, its unravelment -may, after all, depend upon a very slender thread. Fortunately, Layton's second -trial cannot take place for a month. Before that month expires I hope to be able -to lay my hand upon evidence which will prove him innocent of the charge."</p> - -<p class="normal">"To judge from his attitude," said Dr. Daincourt, "he is -indifferent as to the result."</p> - -<p class="normal">"You are mistaken," said the lawyer; "it is only that he will -not owe his release to certain means which I believe it to be in his power to -disclose. Has it not occurred to you that he has been anxious all through to -keep something in the background?"</p> - -<p class="normal">"Yes," replied Dr. Daincourt, "that has been my impression; -but it might be something which would more firmly fix his guilt. Is it your -intention to follow up the case?"</p> - -<p class="normal">"To the last link in the chain."</p> - -<p class="normal">"The chain, if there be one, is safely hidden, and I cannot -for the life of me see a single link."</p> - -<p class="normal">Mr. Bainbridge, leaning back in his chair, did not reply for a -few moments, and then he said,</p> - -<p class="normal">"I have two links to commence with. One of these is shadowy; -the other is certain and tangible." And then, with the air of a man whose -thoughts were engaged upon an important subject, he exclaimed, "If I could only -discover its meaning!"</p> - -<p class="normal">"The meaning of what?"</p> - -<p class="normal">The lawyer took a pack of cards from a drawer and selected a -card, which he handed to Dr. Daincourt.</p> - -<p class="normal">"The Nine of Hearts," said the doctor.</p> - -<p class="normal">"The card," said the lawyer, "that was found in the pocket of -Layton's ulster."</p> - -<p class="normal">"Is this your tangible link?" asked Dr. Daincourt, turning the -card over in his hand.</p> - -<p class="normal">"It is my tangible link," replied the lawyer.</p> - -<p class="normal">Dr. Daincourt shrugged his shoulders. "You are adding mystery -to mystery."</p> - -<p class="normal">"I think not," said the lawyer. "You were not in the court -when the Nine of Hearts was produced."</p> - -<p class="normal">"No."</p> - -<p class="normal">"That and the latch-key of Layton's street door were the only -articles found in the pockets of the ulster. When the evidence relating to these -articles was being given, I closely observed Layton's face. I knew, but he did -not, that these two articles were all that were discovered in the pockets of the -incriminating coat. When the latch-key was held up he smiled faintly; he was not -surprised. But when the Nine of Hearts was produced there flashed into his eyes -a startled look--a look of bewilderment and astonishment; indeed, there was -something of horror in his face. I needed no further sign to make me positive -that he had no previous knowledge of the card, and that it was the first time he -had seen it."</p> - -<p class="normal">"Something of horror, you say."</p> - -<p class="normal">"It was my impression, and I cannot account for it. Not so -with his bewilderment and astonishment. To my mind they are easily explained."</p> - -<p class="normal">"He asked no questions concerning the card?" remarked Dr. -Daincourt.</p> - -<p class="normal">"He asked no questions," said the lawyer, somewhat irritably, -"concerning a hundred matters upon which the witnesses should have been hardly -pressed. Can you not see that this accentuates my conviction that the Nine of -Hearts is a link in the chain?"</p> - -<p class="normal">"Yes, supposing you had not already arrived at a false -conclusion with respect to poor Layton's knowledge of the possession of the -card."</p> - -<p class="normal">"I will stake my life and reputation," said the lawyer, -earnestly, "upon the correctness of my conclusion. I will stake my life and -reputation that, until that moment, Edward Layton did not know that the card was -in his pocket."</p> - -<p class="normal">"Then somebody must have placed it there."</p> - -<p class="normal">"As you say, somebody must have placed it there."</p> - -<p class="normal">"But in the name of all that is reasonable," exclaimed Dr. -Daincourt, "what possible connection can you trace between a playing-card, -whether it be the ace of clubs, or the king of spades, or the nine of hearts--it -matters not which--what possible connection can you find between <i>any</i> -playing-card and the awful charge brought against Layton?"</p> - -<p class="normal">"That," said the lawyer, drumming upon the table with his -fingers, "is what I have to discover. You do not know, doctor, upon what slight -threads the most important issues hang."</p> - -<p class="normal">"I think I do," said Dr. Daincourt, with a smile.</p> - -<p class="normal">"I do not refer to the general issues of human life," said the -lawyer, in explanation; "I refer to legal matters, especially to criminal cases -the solution of which rests upon circumstantial evidence. Circumstances the most -remote, and apparently absolutely worthless and trivial, have been woven by a -legal mind into a strand strong and firm enough to drag a prisoner out of the -very jaws of death."</p> - -<p class="normal">"And this Nine of Hearts is one of those slender threads?" -said Dr. Daincourt, in a tone of incredulous inquiry.</p> - -<p class="normal">"Very likely. You may depend I shall not lose sight of it."</p> - -<p class="normal">"You spoke of two links," said Dr. Daincourt, "and you have -shown me that which you believe to be a tangible one. What is the link which you -say is shadowy and less dependable?"</p> - -<p class="normal">"I will explain. The jury were discharged, being unable to -agree upon their verdict. It may leak out through the press by-and-by--pretty -much everything <i>does</i> leak out through the press nowadays--but it is not -known at present to the public how many of the jury were for pronouncing the -prisoner guilty, and how many for pronouncing him innocent."</p> - -<p class="normal">"I have heard rumors," said Dr. Daincourt.</p> - -<p class="normal">"I," said the lawyer, "have positive information. Eleven of -them declared him guilty, one only held out that he was innocent. Arguments, -persuasions, logical inferences and deductions, the recapitulation of the -evidence against him--all were of no avail in this one juryman's eyes. He would <i> -not</i> be convinced; he would <i>not</i> yield. He had made up his mind that -the prisoner was innocent, and that he, at least, would not be instrumental in -sending him from the dock a felon."</p> - -<p class="normal">"I can see nothing in that," said Dr. Daincourt.</p> - -<p class="normal">"There are," continued the lawyer, "in civil and criminal -records, instances of a like nature, some of which have been privately sifted, -with strange results, after the cases have been finally settled. I recollect one -case which may bear upon this of Layton's. I do not say it does, but it may. It -occurred many years ago, and the jury were locked up a barbarous length of time -without being able to come to an agreement. There was no possible doubt, -circumstantially, of the prisoner's guilt; the evidence was conclusive enough to -convict twenty men. One person, however, would not give in, and that person was -on the jury. The prisoner was tried again, and unhesitatingly acquitted. During -the time that had elapsed between the first and second trials additional -evidence was found which proved the prisoner to be innocent. The juryman who -held out on the first trial happened to have been some years before a friend of -the prisoner, a fact, of course, which was not known when the jury were -empanelled. After the result of the second trial he publicly declared that he -had been guided by his feelings and not by the evidence."</p> - -<p class="normal">"And you think that something of the sort may have happened in -this case?"</p> - -<p class="normal">"Had you been on the jury, what would have been your verdict?"</p> - -<p class="normal">"Guilty."</p> - -<p class="normal">"Had <i>I</i> been on the jury, what would have been <i>my</i> -verdict? Despite my firm conviction that Layton is an innocent man, I should -have brought him in guilty. It was not my opinion I had to be guided by, it was -the evidence and the evidence in Layton's case, as it was presented to the court -and appears in the papers, indisputably proclaims him to be a guilty man. Again, -when the verdict was pronounced I watched his face; again I saw there a startled -look of wonder and astonishment; to his own mind the evidence against him was -conclusive. Then it was that I observed him for the first time gaze upon the -jury with some kind of interest and attention. Not once during the trial had he -looked at them in any but a casual way, and I should not be surprised to learn -that he was ignorant of their names. This is most unusual. Ordinarily a prisoner -pays great attention to the jury upon whose verdict his fate hangs. He gazes -upon them with deepest anxiety, he notes every change in their countenances, is -despondent when he believes it to be against him, is hopeful when he 'believes -it to be in his favor. Not so with Layton. When the jury were empanelled, and -their names called over, he paid not the slightest attention to them he did not -turn his eyes towards them; he might have been both deaf and blind for all the -interest he evinced."</p> - -<p class="normal">"Perhaps you are not aware," said the doctor, "that he is very -short-sighted, and that without his glasses it would have been impossible for -him to distinguish their features."</p> - -<p class="normal">"I am quite aware of it," said the lawyer "but he had his -glasses hanging round his neck, and it is remarkable that not once during the -trial did he put them to his eyes. I have here," and the lawyer tapped his -pocket-book, "a list of the names, social standing, and businesses or -professions of the jurymen engaged on this Layton mystery. As regards only one -of them is my information incomplete. I know their ages, whether they are -married or single, whether they have families, etc. I know something more--I -know the name of the one man who would not subscribe to the verdict of guilty -which the other eleven, almost without leaving the box, were ready to pronounce. -Curiously enough, this dissentient is the person respecting whom I have not yet -complete particulars. I am acquainted with his name, but have not been supplied -with his address. I shall, however, obtain it easily, if I require it."</p> - -<p class="normal">"What is his name?" asked Dr. Daincourt.</p> - -<p class="normal">"James Rutland," replied the lawyer.</p> - -<p class="normal">At this moment there was a knock at the door, and a -man-servant made his appearance.</p> - -<p class="normal">"A telegraph lad, sir," said the servant, "has brought this -message, and is waiting to know whether it is correct, and whether there is any -answer. He says he has been to your rooms in the Temple, and was directed on -here to your private address, the instructions being that the message was to be -delivered immediately, either at your professional or private residence."</p> - -<p class="normal">Mr. Bainbridge opened the telegram and read it. It was -unusually lengthy, and from the expression of his face appeared to cause him -great surprise.</p> - -<p class="normal">"Let the lad wait in the hall," he said to his servant, "and -you come up the moment I ring."</p> - -<p class="normal">"Very well, sir," said the servant, and he left the room, -closing the door softly behind him.</p> - -<p class="normal">"I have been taking a leaf out of your book," said Dr. -Daincourt. "You seem to learn so much from observing the faces of people, that I -have been rude enough to watch your face while you were perusing the telegram."</p> - -<p class="normal">"What have you learned?" asked the lawyer.</p> - -<p class="normal">"Nothing," replied Dr. Daincourt, smiling, "except that it -appears almost as long as a letter, and that it has caused you surprise."</p> - -<p class="normal">"It has caused me something more than that--it has absolutely -startled me."</p> - -<p class="normal">"You must forgive my rudeness. I spoke lightly, not seriously. -If you have anything particular to attend to, don't mind me I will go."</p> - -<p class="normal">"No," said the lawyer, "I want you, and I think you will be as -startled as I am myself. This is a cable message from Pittsburg, America, and, -as you judged, it is more like a letter than a telegram. See, it covers three -sides of paper I will read it to you:</p> - -<p class="normal">"'<i>From Archibald Laing, Box</i> 1236, <i>P. 0., Pittsburg, -U. S., to Mr. Bainbridge, Q. C., London</i>.</p> - -<p class="normal">"'Reports of the result of Edward Layton's trial for the -murder of his wife have been cabled here and published in the papers. There -will, of course, be a new trial. If at or before that new trial you establish -Layton's innocence, I hold myself accountable to you for a fee of twenty-five -thousand dollars. If you will employ yourself to that end, I have cabled to -Messrs. Morgan & Co., bankers, Threadneedle Street, to pay upon your demand the -sum of ten thousand dollars, five thousand dollars of which are your retaining -fee, the other five thousand being an instalment towards any preliminary -expenses you may incur. This sum of ten thousand dollars is independent of the -twenty-five thousand mentioned above, and of course your own professional bill -of costs will be paid in addition. Messrs. Morgan & Co. are empowered to advance -you any further sums that may be necessary for your investigations. Set every -engine afoot to obtain the acquittal of Edward Layton spare no expense. If a -million dollars is necessary, it is at your command. Send to me by every mail -full and detailed accounts of your movements and proceedings; omit nothing, and -make your own charge for this and for everything else you perform in the task I -ask you as a favor to undertake. Your reply immediately by cable will oblige, -and, up to one hundred words, is prepaid. I do not wish Edward Layton to know -that I have requested your mediation on his behalf. It is a matter entirely and -confidentially between you and me. I write to you by the outgoing mail. Perhaps -you may obtain some useful information from a Mr. James Rutland I cannot furnish -you with the gentleman's address, but Edward Layton and he were once friends.'"</p> -<br> - -<p class="normal">Dr. Daincourt drew a deep breath.</p> - -<p class="normal">"Startling indeed," he said. "This Archibald Laing must be the -man of whom we have heard as making an immense fortune by speculating at the -right moment in the silver-mines. If so, he is good for millions. Do you know -anything of him?"</p> - -<p class="normal">"Not personally," replied the lawyer; "only from report and -hearsay. He is an Englishman, and must be an amazingly shrewd fellow; and that -he is in earnest is partly proved by this cable, in which no words are spared to -make his meaning clear."</p> - -<p class="normal">While he was speaking to his friend, the lawyer was busily -engaged writing upon a blank telegraph form, which was enclosed in the envelope -delivered by the messenger.</p> - -<p class="normal">"What will you do in the matter?" asked Dr. Daincourt.</p> - -<p class="normal">"Here is my reply," said the lawyer, and he read it aloud:</p> -<br> -<p style="margin-left:5%; text-indent:-5%"> -"<i>,From Mr. Bainbridge, Q.C. Harley Street, London, to Archibald Laing,<br> -Box</i> 1236, <i>P. 0., Pittsburg, U. S</i>.</p> - -<p class="normal">"'Your cable received. I undertake the commission, and will -use every effort to establish Layton's innocence, in which I firmly believe. -There is a mystery in the matter, and I will do my best to get at the heart of -it. I will write to you as you desire.'"</p> -<br> - -<p class="normal">He touched the bell and the servant appeared.</p> - -<p class="normal">"Give this to the telegraph boy," he said, "and pay his cab -fare to the telegraph office, in order that there shall be no delay."</p> - -<p class="normal">When the servant had departed, the lawyer rose from his chair -and paced the room slowly in deep thought, and it was during the intervals in -his reflections that the conversation between him and Dr. Daincourt was carried -on.</p> - -<p class="normal">"Is it not very strange," said the lawyer, "that I am advised -in this cable message to seek information from the one juryman who pronounced -Layton innocent, and whose address I have not obtained?"</p> - -<p class="normal">"Yes, it is, indeed," replied Dr. Daincourt, "very strange."</p> - -<p class="normal">"Of course I shall find him; there will not be the least -difficulty in that respect. Tell me, doctor. It was proved at the trial that -Mrs. Layton's death was caused by an overdose of morphia, taken in the form of -effervescing lozenges. It was established that she was occasionally in the habit -of taking one of these lozenges at night to produce sleep, and her maid swore -that her mistress never took more than one, being aware of the danger of an -overdose. The usual mode of administering these noxious opiates is by placing -one in the mouth and allowing it to dissolve; but they will dissolve in water, -and the medical evidence proved that at least eight or ten of the poisonous -lozenges must have been administered in this way, in one dose, to the -unfortunate lady. The glass from which the liquid was drunk was round, not by -her bedside, but on the mantle-shelf, which is at some distance from the bed. It -is a natural inference, if the unfortunate woman had administered the dose to -herself, that the glass would have been found on the table by her bedside. It -was not so found, and the maid declares that her mistress was too weak to get -out of bed and return to it unaided. These facts, if they be facts, -circumstantially prove that the cause of death lay outside the actions of the -invalid herself. The maid states that when she left her mistress the bottle -containing about a dozen lozenges was on the table by her mistress's bedside, -and also a glass, and a decanter of water; and that when she visited her -mistress at between six and seven o'clock in the morning there were no lozenges -left in the bottle, and the glass from which they were supposed to be taken, -dissolved in water, was on the mantle-shelf. Now, in my view, this circumstance -is in favor of the prisoner."</p> - -<p class="normal">"I cannot see that," observed Dr. Daincourt.</p> - -<p class="normal">"Yet it is very simple," said the lawyer. "Let us suppose, in -illustration, that I am this lady's husband. For reasons into which it is not -necessary here to enter, I resolve to make away with my wife by administering to -her an overdose of these poisonous narcotics, and naturally I resolve that her -death shall be accomplished in such a manner as to avert, to some reasonable -extent, suspicion from myself. I go into her bedroom at midnight. Our relations, -as has been proved, are not of the most amiable kind. We are not in love with -each other--quite the reverse--and have been living, from the first day of our -marriage, an unhappy life. Indeed, my unhappy life, in relation to the lady, -commenced when I was engaged to her. Well, I go into her room at midnight, -resolved to bring about her death. She complains that she cannot sleep, and she -asks me to give her a morphia lozenge from the bottle. I suggest that it may -more readily produce sleep if, instead of allowing it to dissolve slowly in her -mouth, she will drink it off at once, dissolved in water. She consents. I take -from the table the bottle, the decanter of water, and the glass I empty secretly -into the glass the eight or ten or dozen lozenges which the bottle contains; I -pour the water from the decanter into the glass, and I tell my wife to drink it -off immediately. She does so, and sinks into slumber, overpowered by a sleep -from which she will never awake. Perhaps she struggles against the effects of -the terrible dose I have administered to her, but her struggles are vain. She -lies before me in sure approaching death, and both she and I have escaped from -the life which has been a continual source of misery to us. The deed being -accomplished, what do I, the murderer, do? There are no evidences of a struggle; -there have been no cries to alarm the house; what has been accomplished has been -well and skilfully accomplished, and I am the only actual living witness against -myself. What then, I repeat, is my course of action? Before I killed her I -removed the bottle, the glass, and the decanter from the table by the bedside. I -wish it to be understood that she herself, in a fit of delirium, caused her own -death. This theory would be utterly destroyed if I allowed the glass from which -the poison was taken to be found at some distance from the unfortunate lady's -bedside. Very carefully, therefore, I place not only that, but the decanter -which contained the water, and the bottle which contained the lozenges, within -reach of her living hand. To omit that precaution would be suicidal, and, to my -mind, absolutely untenable in rational action under such circumstances. Do you -see, now, why the circumstance of the glass being found on the mantle-shelf is a -proof of my innocence?"</p> - -<p class="normal">"Yes," replied Dr. Daincourt, "I recognize the strength of -your theory--unless, indeed, you had in your mind the idea that it would be -better to throw suspicion upon a third person; say, for the sake of argument, -upon the maid."</p> - -<p class="normal">"That view," said the lawyer, "demolishes itself, for what <i> -I</i> would naturally do to divert suspicion from myself, a third person would -naturally do to avert suspicion from him or herself."</p> - -<p class="normal">"True," said Dr. Daincourt; "you seize vital points more -readily than I. Have you any theory about the strange lady who accompanied -Layton home from Prevost's Restaurant?"</p> - -<p class="normal">"I have a theory upon the point," replied the lawyer, "which, -however, at present is so vague and unsatisfactory that it would be folly to -disclose it."</p> - -<p class="normal">"And the Nine of Hearts," said Dr. Daincourt, "you have not -mentioned that lately--have you forgotten it?"</p> - -<p class="normal">"No," said the lawyer, "it is my firm opinion that round that -Nine of Hearts the whole of the mystery revolves."</p> -<br> -<br> -<br> -<br> -<br> -<h3><a name="div1_03.0" href="#div1Ref_03.0">PART THE THIRD.</a></h3> - -<h4>THE MYSTERY OF THE NINE OF HEARTS.</h4> - - -<p class="normal">"<i>From Mr. Bainbridge, Q. C., to Archibald Laing, Esq</i>.</p> - -<p class="normal">"Dear Sir,--Last night I received your cable from Pittsburg, -and sent you a message in reply, accepting the commission with which you have -been pleased to intrust me. This morning I called upon Messrs. Morgan & Co., -Bankers, Threadneedle Street, and learned from them that they were prepared to -advance me the ten thousand dollars of which you advised me. I drew upon them -for that amount, and received from them a notification that they would honor my -further drafts upon them the moment they were drawn. I asked them whether, in -the event of my desiring to draw say five thousand pounds, I was at liberty to -do so. They said yes, for even a larger amount if I required it. I did not -explain to them the reason of my asking the question, but I will do so to you. -It has happened, in difficult cases, that information has had to be purchased, -and that a bribe more or less tempting has had to be held out to some person or -persons to unlock their tongues. I have no reason to suppose that anything of -the sort will be necessary in this case, but I wish to feel myself perfectly -free in the matter. I am satisfied with your bankers' replies, and I shall spare -neither money nor exertion in the endeavor to unravel the mystery which -surrounds the death of Mrs. Edward Layton.</p> - -<p class="normal">"It is scarcely possible you can be aware of it, but it is -nevertheless a fact that, apart from my professional position in this matter, I -take in it an interest which is purely personal, and that my sympathies are in -unison with your own. Were it not that I have had some knowledge of Mr. Layton, -and that I esteem him, and were it not that I firmly believe in his innocence, I -should, perhaps, have hesitated to engage myself in his case, and you will -excuse my saying that your liberal views upon the subject of funds might have -failed to impress me. It is, therefore, a matter of congratulation that I enlist -myself on Mr. Layton's side as much upon personal as upon professional grounds. -The time has been too short for anything yet to be done, but it will be a -satisfaction to you to learn that I have a slight clew to work upon. It is very -slight, very frail, but it may lead to something important. Your desire for a -full and complete recital of my movements shall be complied with, and I propose, -to this end, and for the purpose of coherence and explicitness, to forward the -particulars to you from time to time, not in the form of letters, but in -narrative shape. This mode of giving you information will keep me more strictly -to the subject-matter, and will be the means of avoiding digression. After the -receipt, therefore, of this letter, what I have to say will go forth under -numbered headings, not in my own writing, but in that of a short-hand reporter, -whom I shall specially employ. I could not myself undertake such a detailed and -circumstantial account as I understand it is your desire to obtain. Besides, it -will save time, which may be of great value in the elucidation of this mystery.</p> - -<p class="normal">"I am, dear sir, faithfully yours,</p> - -<p class="normal">"HORACE BAINBRIDGE."</p> -<br> -<br> -<br> -<br> -<h4><a name="div1_03.1" href="#div1Ref_03.1">I.</a></h4> - -<p class="normal">What struck me particularly in your cable message was that -portion of it in which you made reference to a Mr. James Rutland. It happens, -singularly enough, that this Mr. James Rutland was on the jury, and that he was -the one juryman who held out in Mr. Layton's favor, and through whose -unconquerable determination not to bring him in guilty has arisen the necessity -for a new trial. Eleven of the jury were for a conviction, one only for an -acquittal--this one, Mr. Rutland.</p> - -<p class="normal">The first thing to ascertain was his address, which you could -not give me. However, we have engines at our hand whereby such small matters are -easily arrived at, and on the evening of the day after the arrival of your cable -message I was put in possession of the fact that Mr. Rutland lives in Wimpole -Street. I drove there immediately, and sent up my card.</p> - -<p class="normal">"I have called upon you, Mr. Rutland," I said, "with respect -to Mr. Edward Layton's case, in the hope that you may be able to give me some -information by which he may be benefited."</p> - -<p class="normal">Mr. Rutland is a gentleman of about sixty years of age. He has -a benevolent face, and I judged him, and I think judged him correctly, to be a -man of a kindly nature. Looking upon him, there was no indication in his -appearance of a dogged disposition, and I lost sight for a moment of the -invincible tenacity with which he had adhered to his opinion when he was engaged -upon the trial with his fellow-jurymen. However, his conduct during this -interview brought it to my mind.</p> - -<p class="normal">"It is a thousand pities," he said, in response to my opening -words, "that Mr. Layton refused to accept professional assistance and advice. I -was not the only one upon the jury who failed to understand his reason for so -doing."</p> - -<p class="normal">"It is indeed," I observed, "inexplicable, and I am in hopes -that you may be able to throw some light upon it. I have come to you for -assistance."</p> - -<p class="normal">"I can give you no information," was his reply; "I cannot -assist you."</p> - -<p class="normal">"May I speak to you in confidence?" I asked.</p> - -<p class="normal">"Yes," he said, "although I have nothing to tell. To any but a -gentleman of position I should refuse to enter into conversation upon this -lamentable affair; and, indeed, it will be useless for us to converse upon it. -As I have already said, I have nothing to tell you."</p> - -<p class="normal">This iteration of having nothing to say and nothing to tell -was to me suspicions, not so much from the words in which the determination was -conveyed as from the tone in which they were spoken. It was flurried, anxious, -uneasy; a plain indication that Mr. James Rutland could say something if he -chose.</p> - -<p class="normal">"Speaking in confidence," I said, taking no outward notice of -his evident reluctance to assist me, "I think I am right in my conjecture that -you believe in Mr. Layton's innocence."</p> - -<p class="normal">"I decline to say anything upon the matter," was his rejoinder -to this remark.</p> - -<p class="normal">"We live in an age of publicity," I observed, without -irritation; "it is difficult to keep even one's private affairs to one's self. -What used to be hidden from public gaze and knowledge is now exposed and freely -discussed by strangers. You are doubtless aware that it is known that there were -eleven of the jury who pronounced Mr. Layton guilty, and only one who pronounced -him innocent."</p> - -<p class="normal">"I was not," he said, "and am not aware that it is known."</p> - -<p class="normal">"It is nevertheless a fact," I said, "and it is also known -that you, Mr. Rutland, are the juryman who held out in Mr. Layton's favor."</p> - -<p class="normal">"These matters should not be revealed," he muttered.</p> - -<p class="normal">"Perhaps not," I said, "but we must go with the age in which -we live. Mr. Layton's case has excited the greatest interest. The singular -methods he adopted during so momentous a crisis in his life, and the unusual -termination of the judicial inquiry, have intensified that interest, and I have -not the slightest doubt that there will be a great deal said and written upon -the subject."</p> - -<p class="normal">"Which should not be said and written," muttered Mr. Rutland.</p> - -<p class="normal">"Neither have I the slightest doubt," I continued, "that your -name will be freely used, and your motives for not waiving your opinion when -eleven men were against you freely discussed. We are speaking here, if you will -allow me to say so, as friends of the unfortunate man, and I have no hesitation -in declaring to you that I myself believe in his innocence."</p> - -<p class="normal">He interrupted me.</p> - -<p class="normal">"Then, if you had been on the jury, you would not have yielded -to the opinions of eleven, or of eleven hundred men?"</p> - -<p class="normal">He spoke eagerly, and I saw that it would be a satisfaction to -him to obtain support in his view of the case.</p> - -<p class="normal">"I am not so sure," I said "our private opinion of a man when -he is placed before his country charged with a crime has nothing whatever to do -with the evidence brought against him. Let us suppose, for instance, that you -have been at some time or other, under more fortunate circumstances, acquainted -with Mr. Layton."</p> - -<p class="normal">"Who asserts that?" he cried, much disturbed.</p> - -<p class="normal">"No person that I am aware of," I replied. "I am merely -putting a case, and I will prove to you presently that I have a reason for doing -so. Say, I repeat, that under more fortunate circumstances you were acquainted -with Mr. Layton, and that you had grown to esteem him. What has that purely -personal view to do with your functions as a juryman?"</p> - -<p class="normal">"Mr. Bainbridge," he said, "I do not wish to be discourteous, -but I cannot continue this conversation."</p> - -<p class="normal">"Nay," I urged, "a gentleman's life and honor are at stake, -and I am endeavoring to befriend him. I am not the only one who is interested in -him. There are others, thousands of miles away across the seas, who are desirous -and anxious to make a sacrifice, if by that sacrifice they can clear the honor -of a friend. See, Mr. Rutland, I will place implicit confidence in you. Last -night I received a cable from America, from Mr. Archibald Laing."</p> - -<p class="normal">"Mr. Archibald Laing!" he cried, taken by surprise. "Why, he -and Mr. Layton were--"</p> - -<p class="normal">But he suddenly stopped, as though fearful of committing -himself.</p> - -<p class="normal">"Were once friends," I said, finishing the sentence for him, -and, I was certain, finishing it aright. "Yes, I should certainly say so. Read -the cable I received." And I handed it to him.</p> - -<p class="normal">At first he seemed as if he were disinclined, but he could not -master his curiosity, and after a slight hesitation he read the message but he -handed it back to me without remark.</p> - -<p class="normal">"Mr. Archibald Laing," I said, "as I dare say you have heard -or read, is one of fortune's favorites. He left this country three or four years -ago, and settled in America--where, I believe, he has taken out letters of -naturalization--and plunged into speculation which has made him a millionaire. -No further evidence than his cable message is needed to prove that he is a man -of vast means. Why does he ask me to apply to you for information concerning Mr. -Layton which I may probably turn to that unhappy gentleman's advantage?"</p> - -<p class="normal">"I was but slightly acquainted with Mr. Laing," said Mr. -Rutland. "He and I were never friends. I repeat once more that I have nothing to -tell you."</p> - -<p class="normal">I recognized then that I was in the presence of a man who, -whether rightly or wrongly, was not to be moved from any decision at which he -had arrived, and I understood thoroughly the impossible task set before eleven -jurymen to win him over to their convictions.</p> - -<p class="normal">"Can I urge nothing," I said, "to induce you to speak freely -to me</p> - -<p class="normal">"Nothing," he replied.</p> - -<p class="normal">I spent quite another quarter of an hour endeavoring to -prevail upon him, but in the result I left his house no wiser than I had entered -it, except that I was convinced he knew something which he was doggedly -concealing from me. I did not think it was anything of very great importance, -but it might at least be a clew that I could work upon, and I was both -discouraged and annoyed by his determined attitude.</p> - -<p class="normal">On the following morning, having paved the way to further -access to Mr. Edward Layton, I visited the unhappy man in his prison. He was -unaffectedly glad to see me, and he took the opportunity of expressing his -cordial thanks for the friendliness I had evinced towards him. I felt it -necessary to be on my guard with him, and I did not, thus early, make any -endeavor to prevail upon him to accept me as his counsel in the new trial which -awaited him. There were one or two points upon which I wished to assure myself, -and I approached them gradually and cautiously.</p> - -<p class="normal">"Are you aware," I said, "of the extent of the disagreement -among the jury?"</p> - -<p class="normal">"Well," he replied, "we hear something even within these stone -walls. I am told that eleven were against me and one for me."</p> - -<p class="normal">"Yes," I said, "that is so."</p> - -<p class="normal">"A bad lookout for me when I am tried again. Mr. Bainbridge," -he said, "it is very kind of you to visit me here, and I think you do so with -friendly intent."</p> - -<p class="normal">"Indeed," I said, "it <i>is</i> with friendly intent."</p> - -<p class="normal">"Is it of any use," he then said, "for me to declare to you -that I am innocent of the horrible charge brought against me?"</p> - -<p class="normal">"I don't know," I said, "whether it is of any use or not, -because of the stand you have taken, and seem determined to take."</p> - -<p class="normal">"Yes," he said, "upon my next trial I shall defend myself, as -I did on my last. I will accept no legal assistance whatever. Still, as a matter -of interest and curiosity--looking upon myself as if I were somebody else--tell -me frankly your own opinion."</p> - -<p class="normal">"Frankly and honestly," I replied, "I believe you to be an -innocent man."</p> - -<p class="normal">"Thank you," he said, and I saw the tears rising in his eyes.</p> - -<p class="normal">"Do you happen," I said, presently, "to know the name of the -juryman who was in your favor?"</p> - -<p class="normal">"No," he replied, "I am quite ignorant of the names of the -jurymen."</p> - -<p class="normal">"But they were called over before the trial commenced."</p> - -<p class="normal">"Yes, that is the usual course, I believe, but I did not hear -their names. Indeed, I paid no heed to them. Of what interest would they have -been to me? Twelve strangers were twelve strangers; one was no different from -the other."</p> - -<p class="normal">"They were all strangers to you?" I asked, assuming a purposed -carelessness of tone.</p> - -<p class="normal">"Yes, every one of them."</p> - -<p class="normal">"And you to them?"</p> - -<p class="normal">"I suppose so. How could it have been otherwise?"</p> - -<p class="normal">"But when they finally came back into court, and the foreman -of the jury stated that they could not agree, you seemed surprised."</p> - -<p class="normal">"Were you watching me?" he asked, suspiciously.</p> - -<p class="normal">"Do you not think it natural," I said, in reply, "that every -person's eyes at that moment should be turned upon you?"</p> - -<p class="normal">"Of course," he said, recovering himself--"quite natural. I -should have done the same myself had I been in a better place than the dock. -Well, I <i>was</i> surprised; I fully anticipated a verdict of guilty."</p> - -<p class="normal">"And," I continued, "although you may not remember it, you -leaned forward and gazed at the jury with an appearance of eagerness."</p> - -<p class="normal">"I remember that I did so," he said; "it was an impulsive -movement on my part."</p> - -<p class="normal">"Did you recognize any among them whose face was familiar to -you?"</p> - -<p class="normal">"No; to tell you the truth, I could not distinguish their -faces, I am so short-sighted."</p> - -<p class="normal">"But you had your glasses hanging round your neck. Why did you -not use them?"</p> - -<p class="normal">It amazed me to hear him laugh at this question. It was a -gentle, kindly laugh, but none the less was I astonished at it.</p> - -<p class="normal">"You lawyers are so sharp," he said, "that there is scarcely -hiding anything from you. Be careful what questions you ask me, or I shall be -compelled"--and here his voice grew sad--"to beg of you not to come again."</p> - -<p class="normal">I held myself well within control, although his admonition -startled me, for I had it in my mind to ask him something concerning the -surprise he had evinced when the Nine of Hearts was produced from the pocket -of his ulster; and I had it also in my mind to ask him whether he was -acquainted, either directly or indirectly, with Mr. James Rutland. His caution -made me cautious; his wariness made me wary; I seemed to be pitted against him -in a friendly contest in which I was engaged in his interests and he was engaged -against them.</p> - -<p class="normal">"I will be careful," I said; "you must not close your door -against me, although it is, unhappily, a prison door. I am here truly as a -sympathizing friend. Look upon me in that light, and not in the light of a -professional man."</p> - -<p class="normal">"You comfort me," he said. "Although I may appear to you -careless and indifferent, you know well enough it is impossible that I can be -so; you know that I must be tearing my heart out in the terrible position in -which I have been forced by ruthless circumstance. Make no mistake I am myself -greatly to blame for what has occurred. It has been folioed upon me by my sense -of honor and right and truth. Why, life once spread itself before me with a -prospect so glad, so beautiful, that it almost awed me! But, after all, if a man -bears within him the assurance that he is doing what he is in honor bound to do, -surely that should be something! There--you see what you have forced from me. -Yes, I <i>did</i> -look eagerly forward when I heard that the jury could not agree. At least there -was one man there who believed me to be innocent, and without the slightest -knowledge of him I blessed him for the belief."</p> - -<p class="normal">He gazed round with the air of a man who was fearful that -every movement he made was watched and observed by enemies, and then he said, in -a low tone,</p> - -<p class="normal">"I need a friend."</p> - -<p class="normal">I replied, instantly, following the tone that he had used, "I -am here; I will be your friend."</p> - -<p class="normal">"It is a simple service I require," he said; "I have a letter -about me which I wish to be posted. What it contains concerns no one whom you -know. It is my affair and mine only, and rather than make it another man's I -would be burned at the stake, though we don't live in such barbarous times;" and -then he added, with a sigh, "But they are barbarous enough."</p> - -<p class="normal">"I will post the letter for you," I said. He looked me in the -face, a long, searching, wistful look, and as he gazed, I saw in his eyes a -nobility of spirit which drew me as close to him in sympathy and admiration as I -had sever been drawn in my life to any man.</p> - -<p class="normal">"Dare I trust you?" he said, still preserving his low tone. -"But if not you, whom can I trust?"</p> - -<p class="normal">"You may trust me," I said; "I will post the letter for you -faithfully."</p> - -<p class="normal">"Not close to the prison," he said. "Not in this district. Put -it into a pillar-box at some distance from this spot."</p> - -<p class="normal">"I will do as you desire."</p> - -<p class="normal">"Honestly and honorably?" he said.</p> - -<p class="normal">"Honestly," I responded, "and honorably, as between man and -man."</p> - -<p class="normal">"You are a good fellow," he said, "I will trust you. I can -never hope to repay yon, but one day, perhaps, you may live to be glad that you -did me even this slight service." And he slipped the letter into my hand, which -I as secretly slipped into my pocket. Then I said,</p> - -<p class="normal">"May I come to see you again?"</p> - -<p class="normal">"Do. You have lightened the day for me--and many a day in -addition to this!"</p> - -<p class="normal">Soon afterwards I left him. I was honorably careful in the -carrying out of his directions. I did not take the letter from my pocket until I -was quite three miles from the prison, and then I put it into a pillar-box but -before I deposited it there, I looked at the address. Layton had not extracted a -promise from me that I should not do so, and I will not say, therefore, whether, -if he had, I should have violated it. I was engaged, against his will and wish, -in his vital interests, and I might have broken such a promise however that may -be, my surprise was overwhelming when I saw that his letter was addressed to -"Miss Mabel Rutland, 32 Lavender Terrace, South Kensington."</p> - -<p class="normal">Rutland! Why, that was the name of the one juryman who had -held out upon Layton's trial, and from whom I had vainly endeavored to obtain -some useful information! Of all the cases I have been engaged in, this promised -to be not only the most momentous, but the most pregnant and interesting. -Rutland! Rutland! Had it been a common name, such as Smith or Jones, I might not -have been so stirred. It was no chance coincidence. I was on the track, and with -all the powers of my intellect I determined to carry it to a successful issue.</p> -<br> - -<hr class="W50"> - -<br> -<p class="center"><i>Cable message from Mr. Bainbridge, London, to Mr. Archibald -Laing, U. S</i>.</p> -<br> -<p class="normal">"Who is Miss Mabel Rutland, and is there any relationship -between her and Mr. James Rutland? Also, in what relation does she stand to -Edward Layton? Can you give me any information respecting the Nine of Hearts?"</p> -<br> - -<p class="center"><i>Cable message from Mr. Archibald Laing, U S., to Mr. -Bainbridge, London</i>.</p> -<br> - -<p class="normal">"Miss Mabel Rutland is the niece of Mr. James Rutland. She and -Mr. Edward Layton were once engaged to be married. The breaking off of the -engagement caused great surprise, as they were deeply in love with each other. I -do not understand your reference to the Nine of Hearts." -<br> - -<p class="center"><i>Cable message from Mr. Bainbridge to Mr. Archibald Laing</i>.</p> -<br> -<p class="normal">"The Nine of Hearts I refer to is a playing-card. I have -reasons for asking."</p> -<br> - -<p class="center"><i>Cable message from Mr. Archibald Laing to Mr. Bainbridge</i>.</p> -<br> -<p class="normal">"I know nothing whatever concerning the Nine of Hearts."</p> -<br> -<br> -<br> -<br> -<h4><a name="div1_03.2" href="#div1Ref_03.2">II.</a></h4> -<br> - -<p class="normal">The information you give me in your cable that Miss Mabel -Rutland and Edward Layton were once engaged to be married is of the utmost -interest to me. You will doubtless in your letters explain more fully what you -know, but I do not wait for letters from you. Time is too precious for me to -lose an hour, a moment. I feel confident, before you enlighten me upon this -point, that I shall ferret out something of importance which may lead to the end -we both desire. I may confess to you at once that the case has taken complete -hold of me, and that, without any prospect of monetary compensation, I should -devote myself to it. That Edward Layton is bent upon sacrificing himself in some -person's interests seems to me to be certain. It would take something in the -shape of a miracle to convince me that he is guilty of the crime of which he is -charged. I have elected myself his champion, and if it be in the power of man to -bring him out of his desperate strait with honor, I resolve, with all the -earnestness of my heart and with all the strength of my intellect, to accomplish -it. The intelligence that Mr. James Rutland is uncle to the young lady to whom -Edward Layton was engaged may be of use to me. I do not yet despair of obtaining -useful information from him.</p> - -<p class="normal">My inquiry respecting the Nine of Hearts was not idly made. -This particular playing-card, which was found in the pocket of Layton's ulster, -and of which he had no knowledge, is, I am convinced, an important feature in -the case.</p> - -<p class="normal">I have already enlisted the services of three or four agents, -and as I intend to spare no expense, it may be that I shall call upon your -bankers for a further sum of money, which I feel assured you will not begrudge.</p> - -<p class="normal">Certain events are working in my favor. Of those that do not -immediately bear upon the matter I shall make no mention, but those that do -shall find a record here.</p> - -<p class="normal">For some portion of the day after my interview with Edward -Layton in prison, I was, apart from my practical work, engaged upon the -consideration of the question whether I should call upon Miss Mabel Rutland, at -32 Lavender Terrace, South Kensington. I went there in a cab, and reconnoitred -the house outside, but I did not venture to enter it. It is one of a terrace of -fourteen mansions, built in the Elizabethan style. No person could afford to -reside there who was not in a position to spend a couple of thousand a year. The -natural conclusion, therefore, is that Miss Rutland's people are wealthy.</p> - -<p class="normal">That in the absence of some distinct guide or clew or -information I should have been compelled to present myself at the address, for -the purpose of seeking an interview with the young lady to whom Edward Layton's -letter was addressed, was certain; but chance or destiny came here to my -assistance.</p> - -<p class="normal">Dr. Daincourt called upon me at between ten and eleven o'clock -in the night.</p> - -<p class="normal">"I make no apology for this late visit," he said; "I have -something of importance to communicate.</p> - -<p class="normal">"When you spoke to me last night about the jury, you gave me -the list of names to look over. I glanced at them casually, and gathered nothing -from them, until Mr. Laing's cable message arrived from America. That incident, -of course, impressed upon my mind the name of Mr. James Rutland. It was strange -to me; I was not acquainted with any person hearing it. But it is most singular -that this afternoon I was unexpectedly called into consultation upon a serious -case--a young lady, Miss Mabel Rutland, who has been for some time in a bad -state. The diagnosis presents features sufficiently familiar to a specialist, -and also sufficiently perplexing. Her nerves are shattered; she is suffering -mentally, and there is decided danger."</p> - -<p class="normal">"Miss Mabel Rutland," I said, mechanically, "living at 32 -Lavender Terrace, South Kensington."</p> - -<p class="normal">"You know her?" exclaimed Dr. Daincourt, in astonishment.</p> - -<p class="normal">"I have never seen her," I said, "but I know where she lives."</p> - -<p class="normal">"Is she related," inquired Dr. Daincourt, "to the one juryman -who held out upon Edward Layton's trial?"</p> - -<p class="normal">"There is no need for secrets between us," I replied; "but it -will be as well to keep certain matters to ourselves."</p> - -<p class="normal">"Certainly. I will not speak of them to any one. It is agreed -that what passes between us is in confidence."</p> - -<p class="normal">"Miss Mabel Rutland is niece to the Mr. James Rutland who was -on the jury."</p> - -<p class="normal">"That is strange," exclaimed Dr. Daincourt.</p> - -<p class="normal">"Very strange," I said; "but I shall be surprised if, before -we come to the end of this affair, we do not meet with even stranger -circumstances than that. Proceed, I beg, with what you have to tell me -concerning Miss Rutland."</p> - -<p class="normal">"Well," said Dr. Daincourt, "her parents are in great distress -about her. I saw and examined her, and I am much puzzled. There is nothing -radically wrong with her. There is no confirmed disease; her lungs are -sufficiently strong; she is not in a consumption, and yet it may be that she -will die. It is not her body that is suffering, it is her mind. Of course I was -very particular in making the fullest inquiries, and indeed she interested me. -Although her features are wasted, she is very beautiful, and there <i>rests</i> -upon her face an expression of suffering exaltation and self-sacrifice which -deeply impressed me. In saying that this expression rests upon her face, I am -speaking with exactness. It is not transient; it does not come and go. It is -always there, and to my experienced eyes it appears to denote some strong -trouble which has oppressed her for a considerable time, and under the pressure -of which she has at length broken down. I could readily believe what her parents -told me, that there were times when she was delirious for many hours."</p> - -<p class="normal">"Has she been long ill?" I inquired.</p> - -<p class="normal">"She has been confined to her bed," replied Dr. Daincourt, -"since the 26th of March."</p> - -<p class="normal">"The 26th of March," I repeated; "the day on which Mrs. Edward -Layton was found dead."</p> - -<p class="normal">Dr. Daincourt started. "I did not give that a thought," he -said.</p> - -<p class="normal">"Why should you?" I remarked. "I may confess to you, doctor, -that I apply almost everything I hear to the case upon which I am engaged. I -shall surprise you even more when I ask you whether, during the time you were in -32 Lavender Terrace, you heard the name of Edward Layton mentioned?"</p> - -<p class="normal">"No," replied Dr. Daincourt; "his name was not mentioned. -Bainbridge, I know that you are not given to idle talk; there is always some -meaning in what you say."</p> - -<p class="normal">"Assuredly," I said, "I am not in the mood for idle talk just -now. Events are marching on, doctor, and I am inclined to think that we are on -the brink of a discovery. You have not yet told me all I wish to know concerning -Miss Mabel Rutland. What members of the family did you see?"</p> - -<p class="normal">"Her mother, her father, and herself," replied Dr. Daincourt.</p> - -<p class="normal">"Do those comprise the whole of the family?"</p> - -<p class="normal">"I do not know; I did not inquire."</p> - -<p class="normal">"Give me some description of her parents."</p> - -<p class="normal">"Her father," said Dr. Daincourt, "is a gentleman of about -sixty years of age."</p> - -<p class="normal">"Is there any doubt in your mind that he is a gentleman?"</p> - -<p class="normal">"Not the slightest."</p> - -<p class="normal">"Attached to his daughter--entertaining an affection for her?"</p> - -<p class="normal">"I should certainly say so, but at the same time not given to -sentimental demonstration."</p> - -<p class="normal">"As to character, now?" I asked. "What impression did he leave -upon you?"</p> - -<p class="normal">"That he was stern, self-willed, unbending. Hard to turn, I -suspect, when once he is resolved."</p> - -<p class="normal">"Like his brother," I observed, "Mr. James Rutland, who was on -Layton's trial. Those traits evidently run in the family. Now, as to his wife?"</p> - -<p class="normal">"A gentle and amiable lady," said Dr. Daincourt, "some eight -or ten years younger than her husband; but her hair is already grayer than his; -it is almost white."</p> - -<p class="normal">"She and her daughter resemble each other," I remarked.</p> - -<p class="normal">"Yes; and there is also on the mother's face an expression of -devotion and self-sacrifice. Her eyes continually overflowed when we were -speaking of her daughter."</p> - -<p class="normal">"Not so the father's eyes?"</p> - -<p class="normal">"No; but he showed no want of feeling."</p> - -<p class="normal">"Still, doctor," I said, "you gather from your one visit to -the house that he is the master of it--in every sense, I mean."</p> - -<p class="normal">"Most certainly the master."</p> - -<p class="normal">"Ruling," I remarked, "with a rod of iron."</p> - -<p class="normal">"You put ideas into my head," said Dr. Daincourt, in a -somewhat helpless tone.</p> - -<p class="normal">"If they clash with your own, say so."</p> - -<p class="normal">"They do not clash with my own, but I am not prone so suddenly -to take such decided views. I should say you are right, Bainbridge, and that in -his house Mr. Rutland's will is law."</p> - -<p class="normal">"Would that be likely," I asked, "to account in any way for -the expression of self-sacrifice you observed on the faces of mother and -daughter?"</p> - -<p class="normal">"It might be so," said Dr. Daincourt, thoughtfully.</p> - -<p class="normal">"Proceed, now," I said, "and tell me all that passed."</p> - -<p class="normal">"But little remains to tell," said Dr. Daincourt. "I informed -the parents that their daughter was suffering more from mental than from -physical causes; that it was clear to me that there was a heavy trouble upon her -mind, and that, until her trouble was removed, there was but faint hope of her -getting well and strong. 'I am speaking in the dark,' I said to the parents, -'and while I remain in ignorance of the cause, it is almost impossible for me to -prescribe salutary remedies.' 'Can you do nothing for her?' asked the father. -'Can you not give her some medicine?' 'Yes, I can give her medicine,' I replied, -'but nothing that would be likely to be of benefit to her. Indeed, the medicine -already in her room is such as would be ordinarily prescribed by a medical man -who had not reached the core of the patient's disease.' 'If she goes on as she -is going on now,' said the father, what will be the result?' 'Her strength is -failing fast,' I replied; 'what little reserve she has to draw upon will soon be -exhausted. If she goes on as she is going on now, I am afraid there will be but -one result.' The mother burst into tears; the father fixed his steady gaze upon -me, but I saw his lips quiver. 'We have called you in, Dr. Daincourt,' he said, -'because we have heard of wonderful cures you have effected in patients who have -suffered from weak nerves.' 'I have been happily successful,' I said, in -effecting cures, but I have never yet succeeded where a secret has been hidden -from me.' At these words the mother raised her hands imploringly to her husband. -'Do you think that a secret is being hidden from you in this case?' asked the -father. 'It is not for me to say,' I replied; 'it is simply my duty to acquaint -you with the fact that your daughter's disease is mental, and that her condition -is critical. Until I learn the cause of her grief, I am powerless to aid her.' -'Will you oblige me by calling to-morrow?' asked the father, after a slight -pause. 'Yes,' I said, preparing to depart, 'I will call in the afternoon, and, -if you wish, will see your daughter again.' He expressed his thanks in courteous -terms, and I took my leave. I should have come here earlier, Bainbridge, to -relate this to you, but I have had other serious cases to attend to. A doctor's -time is not his own, you know."</p> - -<p class="normal">"I have something to tell you, doctor," I said, "with -reference to your new patient, which will interest you. Mabel Rutland was once -engaged to be married to Edward Layton, and I believe there was a deep and -profound attachment between them."</p> - -<p class="normal">"You startle me," he said, "and have given me food for -thought."</p> - -<p class="normal">When he bade me good-night, it was with the determination to -extract, if possible, from Mabel Rutland's parents some information respecting -her mental condition which might be used to her benefit. For my part, I must -confess to the hope, unreasonable as it may appear, that he may also be -successful in obtaining some information which will assist me in the elucidation -of the mystery upon which I am employed.</p> -<br> - -<p class="center"><i>Cable message from Mr. Bainbridge, London, to Archibald -Laing, U. S</i>.</p> - -<br> -<p class="normal">"Give me what particulars you can of Miss Mabel Rutland and -her parents, and of her brothers and sisters, if she has any."</p> -<br> - -<p class="center"><i>Cable message from Air. Archibald Laing, U. S to Mr. -Bainbridge, London</i>.</p> - -<br> -<p class="normal">"Miss Mabel Rutland has no sisters. She has only a -twin-brother, Eustace, to whom she was passionately attached and devoted. This -brother and sister and their parents comprise the family. Mr. Rutland is of an -implacable and relentless disposition, impatient of contradiction, and obstinate -to a degree. These qualities were exercised in my favor some years ago, when I -paid court to Miss Rutland, in the hope of making her my wife. Her father would -have forced her into a marriage with me, but when I could no longer doubt that -she loved Edward Layton, I preferred to retire rather than render her unhappy. -By so doing, I think I won her esteem, and it is for her sake I wish Layton to -be cleared of the charge brought against him. It is my belief that she still -loves him, and she must be suffering terribly. If Layton is convicted, it will -break her heart. I know very little of her brother Eustace. He was at Oxford -when I was in London, and I met him only once or twice. Mrs. Rutland is a sweet -lady, gentle-mannered, kindly-hearted, and I fear domineered over by her -husband."</p> -<br> -<br> -<br> -<br> -<h4><a name="div1_03.3" href="#div1Ref_03.3">III.</a></h4> -<br> - -<p class="normal">I thank you for the information contained in your last cable. -It gives me an insight into the generous motives which have prompted you to step -forward on Edward Layton's behalf, and I am gratified in being associated with -you in the cause. When a counsel finds himself <i>en rapport</i> with his -client, it is generally of assistance to him he works with a better spirit.</p> - -<p class="normal">Three days have passed since I wrote and despatched to you the -second portion of the narrative of my proceedings and progress. I was waiting -anxiously for something to occur--I could not exactly say what--which would -serve as an absolute stepping-stone. Something <i>has</i> occurred which, -although I have not yet discovered the key to it, will, I believe, prove to be -of the utmost importance. You will understand later on what I mean by my use of -the word "key;" and when I tell you that this which I call the stepping-stone is -nothing more or less than the Nine of Hearts, you will give me credit for my -prescience on the first production of that card in the Criminal Court. I felt -convinced that it would be no insignificant factor in the elucidation of the -Layton mystery.</p> - -<p class="normal">I may say here that the progress we have made is entirely due -to Dr. Daincourt. What I should have done had he not been unexpectedly called in -to our assistance, it is difficult to say. I should not have been idle, but it -is scarcely likely that, within so short a time, my actions would have led to -the point we have now reached. Dr. Daincourt has allowed himself to be prompted -by me to a certain extent, and his interest in his beautiful patient has been -intensified by the friendship existing between us, and by the esteem we both -entertain for Edward Layton.</p> - -<p class="normal">In accordance with the promise Dr. Daincourt gave to Mr. -Rutland, he called upon, that gentleman on the day following his first visit to -the house. During the interval Miss Rutland's condition had not improved; it -had, indeed, grown worse. There was an aggravation of the feverish symptoms, and -her speech was wild and incoherent. Perhaps it would be more correct to say that -it was wild and incoherent to those who were assembled at her bedside. I hold to -the theory that there is a method in dreams, and I also hold to the theory that -there is a method in the wildest utterances produced by the wildest delirium. I -speak, of course, as a lawyer. Dr. Daincourt's position with respect to Miss -Rutland was that of a physician. Had <i>I</i> heard the words uttered by Miss -Rutland in her fevered state, I do not doubt that my legal training would have -enabled me to detect what was hidden from Dr. Daincourt and the young lady's -parents.</p> - -<p class="normal">During this second visit to Miss Rutland, her father requested -Dr. Daincourt to give him a private interview, in the course of which he -elicited from the doctor an accentuation of the views which Dr. Daincourt had -expressed on the previous day. Mr. Rutland made a vain attempt to combat these -views. He would have been glad to be assured that his daughter was suffering -from a physical, and not from a mental malady; but Dr. Daincourt was positive, -and was not to be moved from his conviction. He emphasized his inability to -treat the case with any hope of success, and he repeated his belief, if Miss -Rutland were allowed to continue in her present condition without any effort -being made to arrive at the cause of her mental suffering, that there could be -but one result--death before the end of the year.</p> - -<p class="normal">At the commencement of this interview between Mr. Rutland and -Dr. Daincourt, Mrs. Rutland was not present; but after it had lasted some twenty -minutes or so, her anxiety became so overpowering that she knocked at the door -of the room in which the conversation was taking place, and begged to be -admitted. The issue at stake was so grave that Mr. Rutland could not refuse, and -thus it was that she was present when Dr. Daincourt spoke in plain terms of the -serious condition of his beautiful patient. The mother's distress was pitiable, -but it appeared to produce no impression upon her husband.</p> - -<p class="normal">"And yet," said Dr. Daincourt, in narrating the affair to me, -"I am sure that Mr. Rutland was inwardly suffering, and I am also sure that he -has a sincere affection for his daughter."</p> - -<p class="normal">The interview terminated by Mr. Rutland requesting Dr. -Daincourt to call again the next day, to which request the doctor gave a -reluctant assent.</p> - -<p class="normal">He called on the following day, with the same result. Again he -saw the patient; again he had an interview with Mr. Rutland, at which Mrs. -Rutland was present; again he emphasized his view of the young lady's condition; -and again Mr. Rutland requested him to pay another visit upon his daughter. Dr. -Daincourt objected. He told Mr. Rutland that, as matters stood, his visits were -useless, and that in the absence of necessary information it was his distinct -wish to be relieved from them.</p> - -<p class="normal">"And I feel it my duty," he said to the father, "to inform you -that if you intend to do nothing further than it seems to me is your present -intention, you are playing with your daughter's life."</p> - -<p class="normal">These were grave words to use, but Dr. Daincourt is no -ordinary man. His knowledge and experience lead him intuitively to correct -conclusions, and in his professional capacity be will not be trifled with.</p> - -<p class="normal">"In these circumstances," he said to Mr. Rutland, "I must beg -of you to summon some other physician in whom you have greater confidence."</p> - -<p class="normal">"I have the fullest confidence in you," said Mr. Rutland.</p> - -<p class="normal">"You have not shown it," was Dr. Daincourt's rejoinder. "It is -as though you have determined that you, and not I, shall be your daughter's -physician."</p> - -<p class="normal">However, he allowed himself to be prevailed upon to pay Miss -Rutland yet another visit. But he gave his consent only upon the express -stipulation that it should be his last, unless Mr. Rutland placed him in -possession of information which would enable him to fully understand the case.</p> - -<p class="normal">I come now to this fourth interview, which was pregnant with -results.</p> - -<p class="normal">Upon presenting himself at the house he was received by Mrs. -Rutland, who said to him,</p> - -<p class="normal">"My husband has consented that I should tell you all you -desire to know with respect to our dear child."</p> - -<p class="normal">"You have prevailed upon him to consent," said Dr. Daincourt.</p> - -<p class="normal">"Yes," replied Mrs. Rutland, "I have, thank God! prevailed -upon him to consent. Dear doctor, you will save my child, will you not?"</p> - -<p class="normal">"I will do all that lies in my power," said Dr. Daincourt.</p> - -<p class="normal">"What is it you wish to know?" asked Mrs. Rutland.</p> - -<p class="normal">"Everything that concerns your daughter," said Dr. Daincourt, -"with respect to her disposition, habits, likings, and affections. She has a -terrible weight upon her mind, and you must certainly have some suspicion of the -cause. You may have more than a suspicion, you may have a positive knowledge. -You must hide nothing from me. Unless you are prepared to be absolutely and -entirely frank in your disclosures, I cannot undertake to continue my visits. -You are her mother--you love her tenderly?"</p> - -<p class="normal">"I love her with all my heart and soul," said Mrs. Rutland, -weeping. "If my daughter is taken from me, I shall not care to live!"</p> - -<p class="normal">"In deep sincerity, then," said Dr. Daincourt, "I declare to -you that you may be acting as your daughter's enemy instead of her friend if you -do not open your heart and mind to me freely and without restraint. Relate as -briefly as you can, without omitting important points, the story of her life."</p> - -<p class="normal">It was a simple, touching story which Mrs. Rutland disclosed, -fragrant with all that is sweetest in woman. The Rutlands have but two children, -Mabel and Eustace, who came into the world within a few minutes of each other. -Between these children existed a most profound and devoted love, and to tear -Eustace away from Mabel was like tearing the girl's heartstrings. The lad's love -was the weaker of the two, as is usually the case, but he nevertheless adored -his sister, who repaid him tenfold for all the affection he lavished upon her. -They grew up together, shared each other's pleasures, had secret and innocent -methods of communicating with each other which afforded them intense delight, -and were inseparable until they reached the age of eighteen, when Eustace went -to college. Hitherto his studies had been conducted at home, a home of peace and -harmony and love; for, stern and implacable as Mr. Rutland was, he loved his -children and his wife; but he loved something else equally well--his honor and -his good name. While Eustace was absent at college, he and Mabel corresponded -regularly.</p> - -<p class="normal">"But," said the mother, "neither my husband nor myself was -ever able to understand Eustace's letters to his sister. They were always -written in the form of mystery-letters. It had been their favorite amusement -when they were children to discover and invent new methods of corresponding with -each other, of which only they possessed the secret. 'There, mamma,' Mabel would -say, with a laugh, giving me one of my dear Eustace's letters from college, -'read that!' But it might as well have been written in Greek for anything that I -could make of it. Words and figures were jumbled together, without any meaning -in them that I could discover, and the entire page was a perfect puzzle. Then -Mabel would take the letter from me, and read it off as easily as possible; and -I remember her saying once, 'If Eustace and I ever have any real secrets, mamma, -we shall be able to tell them to each other through the post, without any person -in the world being one bit the wiser.' Little did I think that the time would -arrive when her words would bear a fatal meaning."</p> - -<p class="normal">Eustace, then, being at college, and Mabel at home, it -unfortunately happened that the lad fell into evil ways. He got mixed up with -bad companions. The hours that should have been employed in study were wasted in -gambling and dissipation, and his career at college was by no means creditable. -His father had set his heart upon Eustace obtaining honors at Oxford, and he was -sorely and bitterly disappointed when the reports of his son's proceedings -reached him. Unfortunately these reports did not come to his ears until much -mischief had been done, and it was at about this time that Eustace returned -home, declaring that he would never go back to college.</p> - -<p class="normal">At about this time, also, momentous events were occurring in -Mabel's life. A beautiful girl, with an amiable and sweet disposition, with most -winning ways, and with a wealthy father moving in a good social position, it was -not to be wondered at that she had suitors for her hand; but there were only two -whose affection for her was regarded seriously by the family. One of these was -Mr. Edward Layton, the other Mr. Archibald Laing.</p> - -<p class="normal">Mabel's father favored the suit of Archibald Laing; Mabel's -uncle, the gentleman who was upon the jury in the trial, favored the suit of -Edward Layton. He was never weary of sounding the young man's praises, and it -may be that this rather strengthened Mabel's father against Edward Layton. -However, the young lady had decided for herself. She had given her heart to -Edward Layton, and there grew between them an absorbing and devoted attachment.</p> - -<p class="normal">While these matters were in progress, both Archibald Laing and -Edward Layton were admitted freely to the house, and thus they had equal -chances. But when the lady whom two men are in love with makes up her mind, the -chances are no longer equal. It was not without a struggle that Archibald Laing -abandoned his pretensions. From what afterwards transpired, he could not have -loved Mabel with less strength than Edward Layton did. It was no small sacrifice -on his part to relinquish his hopes of winning Mabel for his wife, more -especially when her father was on his side. There were interviews of an -affecting nature between him and Mabel. There were interviews, also, between him -and Edward Layton. The two men had been friends long before they came into -association with Mabel Rutland, and it speaks well for the generosity and -nobility of their natures that this affair of the heart--the like of which has -been the cause of bitter feuds from time immemorial--did not turn their -friendship into enmity. In the estimate of their characters at this period -Archibald Laing showed the higher nobility, for the reason that it devolved upon -him to make a voluntary and heart-rending sacrifice. He informed the young -lady's parents that he gave up all hope of obtaining their daughter's hand, and -at the same time he declared that if it ever lay in his power to render Mabel or -Edward Layton a service, he would not hesitate to render it, whatever might be -the cost. Nobly has he redeemed this pledge.</p> - -<p class="normal">He suffered much--to such an extent, indeed, that he -determined to leave the country, and find a home in another land. He bade the -Rutlands farewell by letter, and sailed for America, where he settled, and -realized an amazing fortune.</p> - -<p class="normal">The field was thus left free for Mabel and Edward. Mr. Rutland -was seriously displeased. He had been thwarted in a wish that was very dear to -him, and he was not the kind of man to forget the defeat. Although Edward Layton -was allowed to come to the house, Mr. Rutland received him without favor, and it -was only upon the imploring and repeated solicitations of his wife and daughter -that he consented to an engagement between the young people. It was a -half-hearted consent, and caused them some unhappiness. More than once he -declared in their presence, and in the presence of his wife, that if anything -ever occurred which would cast the slightest shadow of doubt or dishonor upon -Edward Layton, no power on earth should induce him to allow the marriage to take -place. It was not necessary for him to impress upon them that, above everything -else in the world, he was jealous of his good name. They knew this well enough, -and were in a certain sense proud in the knowledge, because the stainless -reputation he bore reflected honor upon themselves. But they did not see the -cloud that was hanging above them. It gathered surely and steadily, and brought -with it terrible events, in the whirlpool of which the happiness of Mabel and -Edward was fated to be ingulfed.</p> - -<p class="normal">The cause lay not in themselves. It lay in Eustace Rutland. It -was he who was responsible for all.</p> - -<p class="normal">He was in London, in partial disgrace with his father. He was -without a career; he had already contracted vicious and idle habits; he was -frequently from home; and although his father questioned him severely, he would -give no truthful account of his movements and proceedings. Some accounts he did -give, but his father knew instinctively that they were false or evasive. As he -could obtain no satisfaction from his son, Mr. Rutland, aware of the perfect -confidence which existed between Eustace and Mabel, applied to her for -information; but she would not utter one word to her brother's hurt. Her father -could extract nothing from her, and there gradually grew within him an idea that -there was a conspiracy against him in his own home, a conspiracy in which Edward -Layton was the principal agent. It was natural, perhaps, that he should think -more hardly of this stranger than of his own children.</p> - -<p class="normal">Had he set a watch upon his son, he might have made -discoveries which would have been of service to all, and which might have -averted terrible consequences. But proud and self-willed as he was, it did not -occur to him to do anything which in his view savored of meanness. His son -Eustace went his way, therefore, to sure and certain ruin. When he was absent -from home he corresponded regularly with his sister, and Mr. Rutland sometimes -demanded to see this correspondence.</p> - -<p class="normal">"You can make nothing of it, papa," said Mabel. "Eustace and I -do not correspond like other people."</p> - -<p class="normal">He insisted, nevertheless, upon seeing these letters, and -Mabel showed them to him. As he could not understand them, he demanded that she -should read them intelligibly to him; but it being a fact that there was always -something in Eustace's correspondence which would deepen his father's anger -against him, the young girl refused to read them. This, as may be supposed, did -not tend to pacify Mr. Rutland. It intensified the bitterness of his heart -towards those whom he believed were conspiring against him. He applied to Edward -Layton.</p> - -<p class="normal">"You are in my daughter's confidence," he said to the young -man, "and as you have wrung from me a reluctant consent to an engagement with -her, I must ask you to give me the information which she withholds from me."</p> - -<p class="normal">He met with another rebuff. Edward Layton declared that he -would it violate the confidence which Mabel had reposed in him. At one time Mr. -Rutland said to Edward Layton,</p> - -<p class="normal">"My son has been absent from home for several days. Have you -seen him?"</p> - -<p class="normal">"Yes, sir," replied Edward, "I have seen him."</p> - -<p class="normal">But he would say nothing further.</p> - -<p class="normal">He was in a most painful position. Mabel had extracted from -him a solemn promise that he would reveal nothing without her consent, and he -was steadfastly loyal to her. He had another reason for his silence, and, in the -light of that reason, and of the feelings which Mr. Rutland harbored towards -him, he felt that the happiness he hoped would be his was slipping from him.</p> - -<p class="normal">The explanation of this other reason, which unhappily was a -personal one, brings upon the scene a person who played a brief but pregnant -part in this drama of real life, and who is now in his grave. This person was -Edward Layton's father.</p> - -<p class="normal">"What was the nature of the relations," said Mrs. Rutland, -"between this gentleman and my dear son Eustace I do not know. All that I do -know is that they were in association with each other, and, I am afraid, not to -a good end. It came, also, by some strange means, to the knowledge of my -husband, and a frightful scene occurred between him and Edward Layton, in which -Mabel's lover was dismissed from the house. My husband withdrew the consent he -had given to the engagement, and used words which, often since when I have -thought of them, have made me shudder, they were so unnecessarily cruel and -severe. 'If from this day,' my husband said to the young gentleman, 'you pursue -my daughter with your attentions, you will be playing a base and dishonorable -part. If you wish me to turn my daughter from my house, you can by your actions -bring about this result. But bear in mind, should it come to pass, that she will -go from my presence with my curse upon her--a beggar! I am not ignorant my -duties with respect to my children. I have not been sparing of love towards -them. Hard I may be when my feelings are strongly roused, but I am ever just. In -the secrets that are being hidden from me there is, I am convinced, some -degrading and shameful element otherwise, it is not possible that you should -conspire to keep them from me. If the matter upon which you are engaged were -honorable, there would be no occasion to keep it from my knowledge. Do not -forget that you have it in your power to wreck not only my daughter's happiness, -but her mother's and mine, if that consideration will have any weight with you.' -There was much more than this, to which Mr. Edward Layton listened with a sad -patience, which deepened my pity for him. He bore, without remonstrance, all the -obloquies that were heaped upon him by my unhappy husband, who soon afterwards -left the room with the injunction that Mr. Layton was on no account to be -allowed an interview with my daughter. Then Mr. Layton said to me, 'I must bear -it. If the happiness of my life is lost it will be through the deep, the sacred -love I bear for your child. I devote not only the dearest hopes of my life, but -my life itself, to her cause. Fate is against us. A man can do no more than his -duty.'"</p> - -<p class="normal">From that day to this Mabel's mother has never seen Edward -Layton. When she heard of his marriage into a family whose position in society -was to say the least equivocal, she was in great distress, fearing the effect -the news would have upon her dear daughter. Mabel Rutland suffered deeply, but -during that time of anguish she appeared to summon to her aid a certain -fortitude and resignation which served her in good stead. It astonished her -mother, one day, to hear her say,</p> - -<p class="normal">"Do not blame Edward, mamma he is all that is good and noble. -Although he is another lady's husband, and although our lives can never be -united, as we had once hoped, I shall ever love and honor him."</p> - -<p class="normal">"Time will bring comfort to you, my darling," said the mother, -"and it may be that there is still a happy fate in store for you. You may meet -with another man, around whom no mystery hangs, to whom your heart will be -drawn."</p> - -<p class="normal">"Never, mamma," replied Mabel. "I shall never marry now."</p> - -<p class="normal">What most grievously disturbed Mrs. Rutland was the -circumstance that, even within a few weeks of Edward Layton's marriage, he -corresponded with her daughter. Her father was not aware of this. He usually -rose late in the morning, and it devolved upon Mrs. Rutland to receive the -correspondence which came by the first post. The letters that Edward Layton -wrote to Mabel were invariably posted at night, from which it would appear that -the young man was aware that they would fall into the hands of Mabel's mother, -and that Mr. Rutland, unless he were made acquainted with the fact, was not -likely otherwise to discover it. When Mrs. Rutland gave her daughter the first -letter from Mr. Layton, Mabel said to her,</p> - -<p class="normal">"Do not be alarmed, mamma. This letter is in reply to one I -wrote to Mr. Layton. I may have other letters from him which I beg you to give -me without papa's knowing. It may appear wrong to you, but it is really not so. -Everything is being done for the best, as perhaps you will one day learn."</p> - -<p class="normal">Sad at heart as Mrs. Rutland was, she had too firm a trust in -her daughter's innate purity and sense of self-respect not to believe what she -said, both in its letter and in its spirit, and thus it was that the secret of -this correspondence was also kept from Mr. Rutland. By pursuing the course she -did, Mrs. Rutland preserved, to some extent, peace in the household.</p> - -<p class="normal">Thus matters went on for two years, until Eustace Rutland's -wild conduct produced a terrible disturbance. His absences from home had grown -more frequent and prolonged; he became dreadfully involved, and Mr. Rutland -received letters and visits from money-lenders (a class of men that he abhorred) -in connection with his son's proceedings. Incensed beyond endurance, he banished -Eustace from the house, and forbade him ever again to enter his doors.</p> - -<p class="normal">"It seemed to be fated," said Mrs. Rutland, "that there should -be always something in our family that it was necessary to conceal from my -husband's knowledge. He banished Eustace from home, but that did not weaken my -love for our dear lad. Three times during the past year I have seen Eustace, and -I have not made my husband acquainted with the fact. What could I do? Had I -asked his permission he would have sternly refused it, and had I told him that I -could not resist the impulse of my heart to fold my dear boy in my arms, it -would only have made matters worse for all of us."</p> - -<p class="normal">She related to Dr. Daincourt a circumstance which had deeply -angered her husband. Among the presents the father had given to his daughter was -a very costly one, a diamond bracelet of great value, for which Mr. Rutland had -paid no less than five hundred guineas. One evening a dinner-party was given at -the house, and Mr. Rutland particularly desired that Mabel should look her best -on the occasion. He said as much to his daughter, and expressed a desire that -she should wear certain articles of jewellery, and most especially her diamond -bracelet. He noticed at the dinner-table that this bracelet was not upon Mabel's -arm; he made no remark before his guests, but when they had departed he asked -Mabel why she had not worn it.</p> - -<p class="normal">"I have so many other things, papa," she replied, "that you -have given me. It was not necessary."</p> - -<p class="normal">"But," said her father, "I desired you particularly to wear -the bracelet. Is it broken? If so, it can be easily repaired. Let me see it."</p> - -<p class="normal">Then the mother saw trouble in her daughter's face. Mabel -endeavored, to evade her father's request, and strove to turn the conversation -into another channel. But he insisted so determinedly upon seeing the bracelet -that she was at length compelled to confess that it was not in her possession. -Upon this Mr. Rutland questioned her more closely, but he could obtain from her -no satisfactory information as to what had become of it. Suddenly he inquired if -her purse was in her room. She answered yes, and he desired her to bring it down -to him. She obeyed; and when he opened the purse he found only three or four -shillings in it.</p> - -<p class="normal">"Is this all you have?" he inquired.</p> - -<p class="normal">"Yes, papa," she said, "this is all."</p> - -<p class="normal">"But it was only yesterday," said Mr. Rutland, "that you asked -me for twenty pounds, and I gave it to you. What have you done with the money?"</p> - -<p class="normal">Upon this point, also, he could obtain no satisfactory -information. He was greatly angered.</p> - -<p class="normal">"I thought," he said "when Mr. Layton married into the family -of a professional sharp--a fit connection for him--that the conspiracy in my -house against my peace of mind, and, it seems to me, against my honor, would -come to an end. It was not so. I perceive that I am regarded here as an enemy by -my own family, not as a man who has endeavored all through life to perform his -duties in an honorable and straightforward way. Go to your room, and let me see -the diamond bracelet before this month is ended, or let me know what you have -done with it. If you have lost it," he added, gazing sternly upon his daughter, -"find it."</p> - -<p class="normal">Before the month was ended Mabel showed him the diamond -bracelet; but her mother was aware that there were other articles missing from -among her daughter's jewellery.</p> - -<p class="normal">Mrs. Rutland having come to the end of her narrative, Dr. -Daincourt began to question her.</p> - -<p class="normal">"Your daughter," he said, "was taken ill on the 26th of March, -and I understand that she has been confined to her bed since that day. Were -there any premonitory symptoms of a serious illness, or was the seizure a sudden -one?"</p> - -<p class="normal">"It was quite sudden," replied Mrs. Rutland. "I went into her -room early in the morning, and found her in a high state of fever."</p> - -<p class="normal">"Has she been sensible at all since that time?"</p> - -<p class="normal">"No."</p> - -<p class="normal">"Not sufficiently sensible to recognize any one who attended -her?"</p> - -<p class="normal">"No; she does not even know me, her own mother."</p> - -<p class="normal">"What did the physician whom you first called in say about the -case?"</p> - -<p class="normal">"He said that she had brain-fever, and that it had been -accelerated by her having caught a violent cold through wearing damp clothing."</p> - -<p class="normal">"Do you think she wore that clothing in the house?"</p> - -<p class="normal">"No."</p> - -<p class="normal">(Dr. Daincourt has certain ways and methods of his own. He is -in the habit of keeping in his pocket-book a tablet of the weather from day to -day.)</p> - -<p class="normal">"If your daughter did not wear damp clothes in the house," he -said, "she must have worn them out of the house."</p> - -<p class="normal">He took his pocket-book from his pocket and consulted his -weather-tablet. "I see," he said to Mrs. Rutland, "that from the 12th till the -25th of March there was no rain. The weather was mild and unusually warm during -those days, but on the evening of the 25th of March it began to rain, and rained -during the night. Your daughter must have been out during those hours in the bad -weather. What were her movements on that evening? Remember, you must keep -nothing from me if you wish me to do my best to restore your child to health."</p> - -<p class="normal">Still, it was with some difficulty that he extracted from Mrs. -Rutland the information he desired to obtain. Obtain it, however, he did. Mrs. -Rutland informed him that Mabel had gone out on the evening of the 25th of -March, and did not return home until nearly one o'clock in the morning. Mr. -Rutland was not aware of this. Mrs. Rutland had stopped up for her daughter, and -had let her in quietly and secretly. The young girl was pale and greatly -agitated, but she said nothing to her mother. She kissed her hurriedly, went to -her bedroom, and was found the next morning in the condition Mrs. Rutland had -described.</p> - -<p class="normal">"Being in a fever from that day," said Dr. Daincourt to the -mother, "your daughter has seen no newspapers?"</p> - -<p class="normal">"No."</p> - -<p class="normal">"And she is ignorant of the peril through which her former -lover, Edward Layton, has passed, and in which he still stands?"</p> - -<p class="normal">"She is ignorant of it," said Mrs. Rutland.</p> - -<p class="normal">"Have any letters arrived for her during her illness?"</p> - -<p class="normal">"Yes, two. One in the handwriting of Mr. Layton, the other -from my dear boy Eustace."</p> - -<p class="normal">"Have you those letters?"</p> - -<p class="normal">"Yes."</p> - -<p class="normal">"Have you opened them?"</p> - -<p class="normal">"No. My daughter made me give her a solemn promise that I -would never open one of her letters, and I have not done so."</p> - -<p class="normal">"But," said Dr. Daincourt, "this is a matter of life and -death. I must ask you to give me those letters, and I will take upon myself the -responsibility of opening them. I must ask you for something more. Your daughter -has a desk?"</p> - -<p class="normal">"Yes."</p> - -<p class="normal">"The key of which is in her room?"</p> - -<p class="normal">"Yes."</p> - -<p class="normal">"Bring down the desk and the key. Ask me no questions -concerning my motives. I am in hopes that I shall be able to discover the true -cause of your daughter's illness, and that will enable me to adopt towards her -the only treatment by which it is possible she can recover."</p> - -<p class="normal">Mrs. Rutland brought down the desk and the key. In the -mother's presence Dr. Daincourt opened the desk. There were in it no letters -from Edward Layton, but it contained two of what Mrs. Rutland called the -mystery-letters which Eustace was in the habit of writing to his sister. These -letters were in their envelopes, the post-marks upon which indicated their order -of delivery.</p> - -<p class="normal">Dr. Daincourt could make nothing of them, and Mrs. Rutland -could not assist him. They were written upon small single sheets of note-paper, -and appeared to be a perfect jumble of incomprehensible words; around the margin -of these words were a number of figures and alphabetical letters as -incomprehensible as themselves. Searching further in the desk, he made a -startling discovery--three playing-cards, each of them being the Nine of Hearts. -He asked Mrs. Rutland--who appeared to be almost as startled as he was himself -by the discovery--whether she could give him any explanation of the cards, and -she said that she could not. Then Dr. Daincourt said that he would take the -playing-cards and the letters away with him.</p> - -<p class="normal">"At the same time," he observed to Mrs. Rutland, "if it is any -consolation to you, I undertake your daughter's case, and will do the best for -her that lies within my skill and power."</p> - -<p class="normal">He then went to see Miss Rutland in her bed, wrote out a -prescription, gave certain instructions, and left the house.</p> - -<p class="normal">"I have come to you," said Dr. Daincourt to me, "with these -letters and the playing-cards; I will leave them with you. You said that the -Nine of Hearts was a tangible link in the chain of Edward Layton's innocence. Is -it not most mysterious and strange that three of these identical cards should be -found in Miss Rutland's desk, and that one should be found in the pocket of -Edward Layton's ulster which he wore on the 25th of March? Does not this -circumstance, in conjunction with what you now know of Mabel Rutland's movements -on that night, go far to prove that the lady whom Edward Layton met in -Bloomsbury Square was none other than his old sweetheart? Heaven knows what -conclusions are to be drawn from the coincidence. I will make no comments -indeed, I almost tremble to think of the matter. Your legal mind will, perhaps, -enable you to deduce something from Eustace's letter to his sister which may be -of service to you and Edward Layton. To me they are simply incomprehensible. -Before I visit Miss Rutland to-morrow I will call on you. You may have something -to say to me. I sincerely trust I shall not be the means of bringing fresh -trouble upon her and hers."</p> - -<p class="normal">With that he wished me good-night, and I was left alone. I set -myself sedulously to the task of discovering the key to these mysterious -letters. Dr. Daincourt had not opened the two sealed letters which had arrived -during Miss Rutland's illness, and I did not immediately do so. I felt a -delicacy with respect to Edward Layton's letter to the young lady which he had -given me in prison to post for him. I put them aside, and selecting the first of -the two letters from Eustace Rutland which had been found in Mabel's desk -(judging from the post-marks on their envelopes which of the two she had first -received, for they bore no date), I devoted myself to a study of it. This is an -exact copy of the singular communication, the size of the paper and the -arrangement of the words, and of the figures and alphabetical letters, being -faithfully followed: -<br> -<p class="center"><img src="images/p161.png" alt="p161"></p> - -<br> -<p class="normal">It appeared to me that the first thing I had to consider was -the relation, if any, that the alphabetical letters and figures bore to the -words to which they formed a frame. I did not lose sight of the suggestion which -immediately arose that this framework of figures and alphabetical letters might -be placed there as a blind, although the evident care and pains which had been -bestowed upon them was opposed to the suggestion. But then, again, the care thus -exercised might be intended to more deeply mystify any strange person into whose -hands the missive might fall. In order not to deface or mutilate the original, I -made two exact copies of it for my own purposes, using as a kind of ruler one of -the playing-cards which Dr. Daincourt had also found in Mabel Rutland's desk.</p> - -<p class="normal">There were two words in the missive which soon attracted me. -These were the third word, "diamond," in the fifth line, and the second word, -"bracelet," in the sixth line. "Diamond bracelet." I did not doubt that this was -the diamond bracelet which Mr. Rutland had presented to his daughter, and which -she could not wear at the dinner-party because it was not at that time in her -possession. Here, then, was a clew, but here I stopped. No ingenuity that I -could bring to bear enabled me to connect other words with "diamond bracelet." I -cudgelled my brains for at least half an hour. Then all at once it occurred to -me (what in the excitement of my pursuit I may very well be excused for not -having thought of before) that the playing-card, the Nine of Hearts, must bear -some relation to the missive. I placed it upon the paper. Every word was hidden -by the surface of the card; only the figures and the alphabetical letters were -visible. "Doubtless," thought I, "if I cut out the pips of a Nine of Hearts, and -place it upon the paper, I shall see certain words which will form the -subject-matter upon which Eustace Rutland wrote to his sister." In that case the -mystery was confined to nine words which, whatever their arrangement, would not -be too difficult to intelligibly arrange. I would not mutilate Miss Rutland's -playing-cards. I had packs of my own in the house, and from these I selected the -Nine of Hearts and cut out the pips. It was not an easy matter, and in my -eagerness I pretty effectually destroyed the surface of my table; but that did -not trouble me. My interest was now thoroughly aroused, and grew keener when, -placing the Nine of Hearts upon Eustace Rutland's mystery-letter, I found these -words disclosed:</p> - -<p class="normal">Face--stares--in--send--money--death me--instantly--the.</p> - -<p class="normal">Here, then, in these nine words, was the communication which -Eustace Rutland intended his sister to understand. I copied them on a separate -sheet of paper, and arranged them in different ways until I arrived at their -correct solution:</p> - -<p class="normal">"Death stares me in the face send money instantly."</p> - -<p class="normal">Congratulating myself upon my cleverness, I came to the -conclusion that Eustace Rutland, being banished from his father's house, and not -being able to obtain from his father the funds necessary for his disreputable -career, was taking advantage of his sister's devoted affection for him, and was -in the habit of calling upon her to supply him with money--which, no doubt, the -young lady did to the best of her ability. Curiosity led me to the task of -endeavoring to discover whether the alphabetical letters and the figures in the -framework bore any relation to this communication. With only the nine words -exposed through the pips of the Nine of Hearts which I had cut away, I saw that -the first word, "death," was the sixth, and the second word, "stares," was the -second, and the third word, "me," was the seventh. The sequence of the figures, -therefore, was 6, 2, 7. Now, how were these three figures arranged in the -framework? The figure 6 came after the letter M, the figure 2 came after the -letter X, the figure 7 came after the letter H. Satisfied that I had found the -key, I began to study how these figures from 1 to 9, representing the nine words -in the communication and the Nine of Hearts in the playing-card, were arranged -in the framework in such a manner as to lead an informed person at once to the -solution. There must be a starting-point with which both Eustace and his sister -Mabel were acquainted. What was this starting-point? One of the letters of The -Alphabet. What letter? A. Starting, then, from A in the framework, I found that -the figures from 1 to 9 ran thus: 6, 2, 7, 3, 9, 1, 4, 5, 8. Upon following, in -this order, the course of The words which were exposed by the playing-card with -the nine pips cut out, I came to the conclusion that I had correctly interpreted -this first mystery-letter. I was very pleased, believing that the key I had -discovered would lead me to a correct reading of Eustace's second and third -letter to his sister.</p> - -<p class="normal">So absorbed had I been in the unravelling of this -mystery-letter, which occupied me a good hour and a half, that I had lost sight -during the whole of that time of the two words which had at first enchained my -attention--"diamond bracelet." "Death stares me in the face send money -instantly" had appeared to me so reasonable a construction to be placed upon the -communication of a man who must often have been in a desperate strait for want -of funds, that the thought did not obtrude itself that these words might be -merely a blind, and that, in the words that remained after the obliteration of -this sentence, the correct solution was to be found. The longer I considered, -the stronger became my doubts: with "diamond bracelet" staring me in the face, I -felt that I had been following a Will-o'-the-wisp.</p> - -<p class="normal">I had asked Dr. Daincourt the date of the dinner-party at -which Mr. Rutland had detected the absence of the diamond bracelet on his -daughter's arm. That date was the 8th of September. I examined the post-mark on -the envelope of Eustace Rutland's first communication; it was the 26th of -September. Mr. Rutland had laid upon his daughter the injunction that the -diamond bracelet was to be shown to him before the end of the month. What month? -September. She had produced it in time, and her brother's missive must have -conveyed to her some information respecting the missing article of jewellery. -The elation of spirits in which I had indulged took flight; I had <i>not</i> -discovered the clew.</p> - -<p class="normal">I set myself again to work. I felt now as a man feels who is -hunting out a great mystery or a great criminal, and upon the success of whose -endeavor his own safety depends. It seemed to me as if it were not so much -Edward Layton's case as my own in which I was engaged. Never in the course of my -career have I been so interested. I determined to set aside the words, "Death -stares me in the face, send money instantly," and to search, in the words that -remained, for the true meaning of Eustace Rutland's first communication. I -copied them in the order in which they were arranged, and they ran as follows:</p> -<br> -<p class="center"><img src="images/p167.png" alt="p167"></p> -<br> - -<p class="normal">I counted the number of words; there were twenty-two. Now, was -the true reading of the communication contained in the whole of these twenty-two -words, or in only a portion of them, and if in only a portion, in what portion? -In how many words? There lay the difficulty. The words "diamond bracelet" gave -me a distinct satisfaction, but there were other words which I could not by any -exercise of ingenuity connect them with, such as -"birds"--"trees"--"river"--"gayly"--"cherry"--"singing." Undoubtedly the -communication was a serious one, and these words seemed to be inimical to all -ideas of seriousness. How to select? What to select? How to arrange the mystery? -What was the notation? Ah, the notation! I had discovered the notation of the -sentence I had set aside for the time. What if the same notation would lead me -to the clew I was in search of? The arrangement of the figures from 1 to 9 was -arbitrated by the first letter in the alphabet, A. I would try whether that -arrangement would afford any satisfaction in the twenty-two words that remained. -It would be an affectation of vanity on my part if I say that this idea occurred -to me instantly. It did not do so. It was only after long and concentrated -attention and consideration that it came to me, and then I set it immediately -into practical operation. The first figure in the sentence I had discovered was -6. I counted six in the present arrangement of the words. It ended with the word -"Got." Crossing out the word "Got," and placing it upon a separate sheet of -paper, I proceeded. The second figure in the sentence I had discarded was 2. I -counted two on from the word "Got," and arrived at "Your." I crossed out this -word "Your" and proceeded. The third figure in the sentence I had discarded was -7. I counted seven words on from "Your," and came to "Diamond." I treated this -word in a similar way to the last two, and continued the process. "Got your -diamond." Now for "Bracelet." The next figure was 3. I counted on three words -from "Diamond" and came to "Bracelet."</p> - -<p class="normal">I was more excited than I can describe. There is scarcely -anything in the world that fills a man with such exultation as success, and I -was on the track of success: "Got your diamond bracelet." The following figure -was 9. I counted on nine and came to the word "Back." "Got your diamond bracelet -back." I continued. The next figure was 1. This was represented by the word "I." -The next figure was 4, represented by the word "Won." The next figure was 5, -represented by the word "Four." The next figure was 8, represented by the word -"Hundred." I continued the same process and came back to the figure 6, -represented by the word "On." The next figure was 2, represented by the word -"Cherry."</p> - -<p class="normal">I stopped here, for a reason, and I read the words I had -crossed out and written on a separate sheet of paper. They ran thus:</p> - -<p class="normal">"Got your diamond bracelet back I won four hundred on Cherry."</p> - -<p class="normal">It was not without a distinct reason that I paused here. -Mixing with the world, and moving in all shades and classes of society, I must -confess--as I have no doubt other men would confess if they were thoroughly -ingenuous--to certain weaknesses, one of which is to put a sovereign or two -(seldom more) upon every classic horse-race, and upon every important handicap -during the year. I nearly always lose--and serve me right. But it happened, -strangely enough, that in this very month of September, during which Eustace -Rutland sent his mysterious communications to his sister Mabel, one of the most -celebrated handicaps of the year was won by a horse named Cherry, and that I had -two sovereigns on that very horse. It started at long odds. I remembered that -the bet I made was two sovereigns to a hundred, and that I had won what is often -called a century upon the race. I was convinced that I had come to the -legitimate end of Eustace Rutland's letter: "Got your diamond bracelet back. I -won four hundred on Cherry."</p> - -<p class="normal">This young reprobate, then, was indulging in horse-racing. His -sister Mabel had written to him an account of the scene between herself and her -father at the dinner-party. She had given him her diamond bracelet to extricate -him from some scrape, and he had been luckily enabled, by his investment on the -horse Cherry, to redeem it most likely from the pawnbroker--in time for his -sister to exhibit it to her father. So as to be certain that I had got the -proper clew, and had arrived at the gist of Eustace's communication, I wrote -down the words that remained, which were,</p> - -<p class="normal">"Birds--the--the--in--are the -trees--runs--rivers--gayly--singing."</p> - -<p class="normal">It was an easy task now for me to apply the same test to these -remaining words, and I found that they formulated themselves in this fashion:</p> - -<p class="normal">"The river runs gayly. The birds are singing in the trees."</p> - -<p class="normal">I was curious to ascertain whether there were any special sign -in the framework of Eustace Rutland's communication by which the person engaged -with him in the mystery-letter could be guided. I counted the words in each -sentence. The words in the first sentence were nine--the Nine of Hearts. The -number of words in the second sentence was eleven. The number of words in the -third sentence was eleven. After the alphabetical letter A in the framework I -saw the figure 11, and I was satisfied, the last eleven words being meaningless, -that it was the second sentence of eleven words, referring to the diamond -bracelet and to his winning on Cherry, that Eustace wished his sister Mabel to -understand. At the same time I was satisfied in my own mind that, without the -Nine of Hearts to guide him, a man might spend days over the cryptograph without -arriving at the correct solution.</p> - -<p class="normal">I had taken no count of the passing time. Engrossed and -absorbed in my occupation, I was surprised, when it had reached what I believed -to be a successful termination, to find that it was nearly six o'clock in the -morning.</p> -<br> -<br> -<br> -<br> -<h4><a name="div1_03.4" href="#div1Ref_03.4">IV.</a></h4> -<br> - -<p class="normal">Dr. Daincourt called while I was dressing, after a few hours' -sleep. I am not usually a dreamer, but I had a dream so strange that I awoke -with the memory of it in my mind. It was of hands--ladies' hands--every finger -of which was covered with rings. Holding the theory, as I have already -explained, that the imagination during sleep is not creative, but invariably -works upon a foundation of fact, I was endeavoring to trace the connection -between my singular dream and some occurrence or circumstance within my -knowledge, when Dr. Daincourt entered.</p> - -<p class="normal">"Well," were his first words, "have you made anything of the -letters which I left with you last night?"</p> - -<p class="normal">"I was employed only upon one," I said, "which kept me up -until six o'clock this morning. I don't begrudge the time or the labor, because -I have discovered the clew to Master Eustace Rutland's communications to his -sister."</p> - -<p class="normal">"That means," said Dr. Daincourt, excitedly, "that you have -discovered the mystery of the Nine of Hearts."</p> - -<p class="normal">"In so far," I replied, "as respects the playing-cards found -in Miss Rutland's desk--yes, I have discovered that part of the mystery; but I -have not yet discovered the mystery of the particular Nine of Hearts which was -found in the pocket of Edward Layton's ulster."</p> - -<p class="normal">I showed Dr. Daincourt the result of my labors on the previous -night, and he was delighted and very much interested, but presently his face -became clouded.</p> - -<p class="normal">"I am still disturbed," he said, "by the dread that the task -you are engaged upon may bring Miss Rutland into serious trouble."</p> - -<p class="normal">"I hope not," was my rejoinder to the remark, "but I shall not -allow considerations of any kind to stop me. Edward Layton is an innocent man, -and I intend to prove him so."</p> - -<p class="normal">"If he is innocent," said Dr. Daincourt, "then Miss Rutland -must also be innocent."</p> - -<p class="normal">"Undoubtedly," I said, with a cheerful smile, which did much -to reassure the worthy doctor.</p> - -<p class="normal">"Have you opened the two sealed letters," asked Dr. Daincourt, -"which I brought from Mrs. Rutland's house?"</p> - -<p class="normal">"No," I replied. "I have devoted myself only to the first of -the opened letters found in Miss Rutland's desk. I shall proceed immediately -with the second, and then I shall feel myself warranted in opening and reading -the letters which arrived for Miss Rutland during her illness. By-the-way, -doctor, I have had a singular dream, and upon your entrance I was endeavoring to -track it. It was a dream of ladies' hands, covered with rings."</p> - -<p class="normal">"Any bodies attached to the hands?" inquired Dr. Daincourt, -jocosely.</p> - -<p class="normal">"No; simply hands. They seemed to pass before my vision, and -to rise up in unexpected places pretty, shapely hands. But it was not so much -the hands that struck me as being singular as the fact that they were covered -with rings of one particular kind."</p> - -<p class="normal">"What kind?"</p> - -<p class="normal">"I must have seen thousands of rings upon the shapely fingers, -and there was not one that was not set with diamonds and turquoises."</p> - -<p class="normal">A light came into Dr. Daincourt's face.</p> - -<p class="normal">"And you mean to tell me that you can't discover the -connection?"</p> - -<p class="normal">"No I can't for the life of me discover it."</p> - -<p class="normal">"That proves," said Dr. Daincourt, "how easy it is for a man -engaged upon a serious task to overlook important facts which are as plain as -the noonday sun."</p> - -<p class="normal">"What facts have I overlooked, doctor?"</p> - -<p class="normal">"Have you the newspapers in the room containing the reports of -the trial?"</p> - -<p class="normal">"Give me the one containing the report of the third day's -proceedings?"</p> - -<p class="normal">I handed it to him, and he ran his eyes down the column in -which the evidence of the waiter in Prevost's Restaurant was reported.</p> - -<p class="normal">"The waiter was asked," said Dr. Daincourt, "whether the lady -who accompanied Edward Layton were married, and whether there were rings upon -the lingers of her ungloved hand?"</p> - -<p class="normal">"Yes, yes," I cried, "I remember! And the waiter answered that -she wore a ring of turquoises and diamonds. Of course--of course. That explains -my dream."</p> - -<p class="normal">"Yes," said Dr. Daincourt, "that explains it."</p> - -<p class="normal">"I need no further assurance," I said, "to prove that it was -Miss Rutland who was in Edward Layton's company on the night of the 25th of -March, but I wish you to ask her mother whether the young lady possesses such a -ring, and is in the habit of wearing it. Your face is clouded again, doctor. You -fear that I am really about to bring trouble upon Miss Rutland. You are mistaken -I am working in the cause of justice. If I prove Edward Layton to be innocent, -no shadow of suspicion can rest upon Miss Rutland. You must trust entirely to -me. Can you not now understand why Edward Layton refused to be defended by a -shrewd legal mind? He would not permit a cross-examination of any of the -witnesses which would bring the name of Mabel Rutland before the public. To save -her honor, to protect her from scandal and calumny, he is ready to sacrifice -himself. He shall not do so. I will prevent it. Your patient is in a state of -delirium, you tell me. She knows nothing of what passes around her, she -recognizes no one, she has not heard of the peril in which Edward Layton stands. -Say that she remains in this state of ignorance until Edward Layton is sentenced -and hanged for a crime which he did not commit--say, then, that she recovers and -hears of it--reads of it--why, she will go mad! It would be impossible for her -to preserve her reason in circumstances so terrible. There is a clear duty -before us, Dr. Daincourt, and we must not shrink from it. I need not urge upon -you to use your utmost skill to restore Mabel Rutland to health, and to the -consciousness of what is passing around her. If before Edward Layton is put -again upon his trial I do not clear him, I shall not hesitate to make some kind -of appeal to Miss Rutland which, even should she remain delirious, shall result -in favor of the man who is so nobly and rashly protecting her good name."</p> - -<p class="normal">"Remember," said Dr. Daincourt, gravely, "that she is in great -danger."</p> - -<p class="normal">"You man that she may die soon?"</p> - -<p class="normal">"Yes."</p> - -<p class="normal">"But not suddenly?" I asked, in alarm.</p> - -<p class="normal">"I think not suddenly."</p> - -<p class="normal">"Still," I said, "there is a chance of her being restored to -health?"</p> - -<p class="normal">"Yes, there is a chance of it."</p> - -<p class="normal">"If the worst happens," I said, "is it likely that she would -recover consciousness before her death?"</p> - -<p class="normal">"It is almost certain that she would."</p> - -<p class="normal">"Then it would be necessary," I said, "to take her dying -deposition. Doctor, it is my firm conviction that the man and the woman who -entered Edward Layton's house after midnight on the 25th of March were not -Edward Layton and Mabel Rutland."</p> - -<p class="normal">"But the coachman drove them home!" exclaimed Dr. Daincourt.</p> - -<p class="normal">"So he said."</p> - -<p class="normal">"And took them from Prevost's Restaurant."</p> - -<p class="normal">"So he said. Recall that part of the coachman's evidence -bearing upon it. He says that Edward Layton, accompanied by a lady, issued from -the restaurant at five minutes to twelve; that Layton appeared excited; which -he, the coachman, attributed to the fact of his having taken too much wine. To -rebut this we have the evidence of the waiter, who declared that Layton simply -tasted the wine that was ordered. He could not have drunk half a glass. The man -and the woman who came from the restaurant jumped quickly into the carriage, and -but one word, 'Home!' was uttered in a thick voice. Now, Layton, in his -ridiculously weak cross-examination, put two questions to the witness. 'Did it -occur to you,' he asked, 'or does it occur to you now, that the voice which -uttered that word was not my voice?' The witness replied that it had not -occurred to him. Then Layton said, 'You are certain it was my voice?' And the -witness replied, 'Yes, sir.' To me, these two questions put by Layton are -convincing proof that it was not he who entered the carriage from Prevost's -Restaurant."</p> - -<p class="normal">"But he wore his ulster," said Dr. Daincourt.</p> - -<p class="normal">"Here, again," I said, "we have evidence which, to my mind, is -favorable. The waiter testifies that when Layton entered the room in which the -supper was ordered he took off his ulster and hung it on a peg in the wall, at -some distance from the table at which he sat. Moreover, he sat with his back to -the coat. Layton, in his cross-examination, asked the waiter, 'Did I put the -overcoat on before I left the room?' The waiter replied, 'Yes.' The judge -intervened with the rebuke, 'You have said in examination that you did not see -the prisoner and his companion leave the room.' And the witness replied, 'But -when I returned, after being away for three or four minutes, monsieur was gone, -and the coat was also gone.' The prisoner put his last question to the waiter, -'You did not see me put on the overcoat?' And the witness answered, 'No.' -Doctor, I see light. Bring me news of the ring set with turquoises and diamonds. -I shall be at home the whole of the evening."</p> - -<p class="normal">After Dr. Daincourt's departure I made a hurried breakfast, -went through my correspondence, and resumed my task of examining Eustace -Rutland's letters to his sister. The second opened communication was exactly of -the same shape and form as the first which I had deciphered. I give here an -exact copy of it:</p> -<br> -<p class="center"><img src="images/p179.png" alt="p179"></p> -<br> - -<p class="normal">The notation of the nine figures, representing the nine pips -in the playing-card, in Eustace's first communication, was 6, 2, 7, 3, 9, 1, 4, -5, 8. Taking as my guide the alphabetical letter A, I found that the notation in -Eustace Rutland's second communication was 3, 6, 1, 5, 2, 9, 4, 8, 7. I placed -the playing-card, with its pips cut out, over the paper, and the following was -revealed:</p> - -<p class="normal">"Of--street--at--night--chester corner -o'clock--nine--Tuesday."</p> - -<p class="normal">Arranging these words according to the new notation of -figures, they formed this sentence:</p> - -<p class="normal">"At corner of Chester Street Tuesday night nine o'clock."</p> - -<p class="normal">"Now," thought I, "this may have been an appointment."</p> - -<p class="normal">If so--and nothing was more likely--I could derive no -assistance from it. It conveyed no information, and contained nothing which -would assist me in my inquiries. It was very likely that I should light upon -something further, and I proceeded with my task. The figure immediately -following the alphabetical letter A was 12, which meant, if I were on the right -track, that the second sentence in this communication was composed of twelve -words. I followed the same process I had previously employed, and the twelve -words formed themselves thus:</p> - -<p class="normal">"Awfully hard up ida is an angel I love her to distraction."</p> - -<p class="normal">So as to finish this communication, I unravelled the last ten -words, and found them to be,</p> - -<p class="normal">"I will do all in my power yours till death."</p> - -<p class="normal">This I set aside as being intended to convey no meaning. The -first sentence, making an appointment at the corner of Chester Street, was, -whether correct or not, of little importance. I concentrated my attention upon -the second sentence of twelve words: "Awfully hard up ida is an angel I love her -to distraction."</p> - -<p class="normal">So the young scamp was hard up again, and knew that his sister -would respond to his appeal. And he was in love, too, and ida was an angel. Ida, -of course, with a capital I.</p> - -<p class="normal">I jumped to my feet as if I had been shot. Ida! What was the -name of Mrs. Layton's maid who had given such damning evidence against the man I -meant to set free? Ida White!</p> - -<p class="normal">Not a common name. An unusual one. I walked about the room in -a state of great excitement. Ida White, the angel, and Eustace Rutland, the -scamp. But the woman must be at least eight or ten years older than Eustace. -What mattered that? All the more likely her hold upon him. Young fools -frequently fall in love with women much older than themselves, and when the -women get the chance they don't let the youngsters escape easily. Yes, opposite -to each other stood two men--one a worthless ne'er-do-well, the other a martyr! -Opposite to each other stood two women--one a scheming woman of the world, the -other a suffering, heart-broken girl! I would save the noble ones. Yes, I would -save them! The chain was forming link by link.</p> - -<br> -<p class="center" style="letter-spacing:25px">* * * * * *</p> -<br> - -<p class="normal">I broke off here to despatch telegrams to two of my -confidential agents. My instructions to them were to employ themselves -immediately in discovering where Ida White, the maid who had given evidence -against her master at the trial, was living, and having found it, not to lose -sight of her for a single moment, but to set a strict watch upon her, and to -take note of her proceedings and movements, however trivial they might be. These -telegrams being despatched, I returned to my task.</p> - -<p class="normal">The two sealed letters which Dr. Daincourt had received from -Mrs. Rutland lay before me. I took up the first, which I knew to be in Eustace's -handwriting. I opened it. It was of a similar nature to the two I had already -examined and interpreted. There is no need here to repeat the details of the -process by means of which I read this third communication, a copy of which I -also append:</p> -<br> -<p class="center"><img src="images/p183.png" alt="p183"></p> -<br> - -<p class="normal">I will simply say that the notation was 7,1, 9, 5, 6, 3, 4, 8, -2, and that the words resolved themselves into the following:</p> - -<p class="normal">"Yon know where to find me. The old address."</p> - -<p class="normal">"An awful charge may be laid against me. I am not guilty."</p> - -<p class="normal">"Do not desert me. I swear that I am innocent."</p> - -<p class="normal">I decided that the whole of this was intended to be conveyed -to Mabel Rutland's understanding, and that in the last of Eustace's -communications to his sister there was not one idle word.</p> - -<p class="normal">"An awful charge may be laid against me." That charge, -undoubtedly, was the murder of Mrs. Layton. "I am not guilty. I swear that I am -innocent." But all guilty men are ready to swear that they are innocent. Not a -moment was to be lost in setting my agents to work to discover Eustace Rutland's -address as well as the address of Ida White. I quickly opened the letter which -Edward Layton had written in prison to Mabel Rutland, and which I had posted. It -was very short, to the following effect:</p> -<br> - -<p class="normal">"<span class="sc">Dear Miss Rutland</span>,--All is well. Have -no fear. Do not write to me until you hear from me again. Believe me, faithfully -yours,</p> - -<p class="normal">"<span class="sc">Edward Layton</span>."</p> - -<br> -<p class="normal">Thus it was that he endeavored to keep from the woman he loved -the true knowledge of the peril in which he stood. To save her good name, he was -ready to go cheerfully to his death.</p> -<br> -<br> -<br> -<br> -<h4><a name="div1_03.5" href="#div1Ref_03.5">V.</a></h4> -<br> - -<p class="normal">I rose early this morning in the expectation of a busy day. -Dr. Daincourt called on Saturday evening, as I had expected, and narrated to me -the result of his inquiries respecting Mabel Rutland's jewellery. Among it there -was a ring set with turquoises and diamonds which had been given to her by her -mother, and which she wore constantly. Dr. Daincourt had received from Mrs. -Rutland further instances of the profound attachment which Mabel bore for her -twin-brother.</p> - -<p class="normal">"Deep as was her love," Mrs. Rutland had said, "for Mr. -Layton, there is in her love for her brother an element so absorbing that she -would not hesitate to make the most terrible sacrifices for his sake. My poor -Eustace! It is weeks since I saw him, and I have no idea where he is. He is not -altogether to blame, doctor he has been led away by bad companions. Ah, when I -think of him and Mabel as little children, and see them, as I often do, playing -their innocent games together--when I think of the exquisite joy we drew from -them, and of the heavenly happiness they were to us, it seems to me that I must -be under the influence of some horrible dream, that things have changed so!"</p> - -<p class="normal">At half-past nine o'clock one of my confidential agents, -Fowler by name, made his appearance.</p> - -<p class="normal">"Found, sir," was the first thing he said to me.</p> - -<p class="normal">"Who?" I quickly asked.</p> - -<p class="normal">"Ida White. Living at Brixton. The drawing-rooms. Quite a -swell in her way, sir."</p> - -<p class="normal">"Is she living alone?"</p> - -<p class="normal">"So far as we can make out. There are two men now on the -watch, one to relieve the other."</p> - -<p class="normal">"And Mr. Eustace Rutland?" I asked.</p> - -<p class="normal">"Haven't got track of him yet, sir. The week is rather against -us."</p> - -<p class="normal">"What do you mean by that?"</p> - -<p class="normal">"Why, sir, you don't forget that it is Derby week, do you? I -suppose you backed one, but I can give you the straight tip if you want it."</p> - -<p class="normal">"I backed Paradox for a couple of sovereigns," I said. (Where -is the man who does not take an interest in the Derby?)</p> - -<p class="normal">"Not in it, sir. There is only one horse will win, and that is -Melton."</p> - -<p class="normal">"But," I said, coming back to the all-engrossing subject I was -engaged upon, "what difference will the Derby week make to you?"</p> - -<p class="normal">"Well, you see, sir, London is so full. There is too much -rushing about for calm, steady work. In such a task as ours a man wants a double -set of eyes this week. Suppose my lady takes it into her head to go to the -Derby? It will be all a job not to lose sight of her."</p> - -<p class="normal">"What lady do you refer to?"</p> - -<p class="normal">"Ida White, to be sure. She's a bit of a blood, sir, and the -result of the Derby may mean a lot to her."</p> - -<p class="normal">"Does she bet, then?"</p> - -<p class="normal">"There is not much doubt of that, sir."</p> - -<p class="normal">"How did you discover it?"</p> - -<p class="normal">"Oh, easily enough. We have ways of our own. Why, sir, when I -found out last night where she lives, what did I do an hour afterwards but -present myself to the landlady of the house and ask her whether she could let me -have a room for a week or two? I didn't tell you that there was a bill in her -window, 'A Bedroom to Let to a Single Young Man.' Well, if I ain't a single -young man, what is that to do with anybody--except my wife? I'm a soft-spoken -chap when I like, and before the landlady and me are together five minutes I'm -hand-and-glove with, her, and already a bit of a favorite. So I take her room -and sleep there last night, and the first thing this morning down-stairs I am at -the street door when the postman comes with the letters. Well, sir, would you -believe it, he delivers five letters, and every one of them for Miss Ida White? -I, opening the door for the postman, take the letters from him, and hand them -one by one to the landlady, who comes puffing and panting up from the basement -she weighs fourteen stone if she weighs an ounce. 'Miss Ida White,' says I, -giving her the first letter. 'Miss Ida White,' says I, giving her the second -letter. 'Miss Ida White,' says I, giving her the other three, one by one. 'Why, -it is quite a correspondence!' All these letters are from Boulogne, sir, from -betting firms. I know them by their outsides; I believe I should know them by -the smell. Then, sir, there's something else. My lady is fond of newspapers. -What kind of newspapers? Why, the sporting ones, to be sure. The <i>Sportsman</i>, <i> -Sporting Life</i>, <i>Sporting Times</i>, <i>Referee</i>, and the like. Put this -and that together, and what do you make of it, sir?"</p> - -<p class="normal">"You are progressing, Fowler," I said.</p> - -<p class="normal">"Yes, sir, we're moving. The landlady, bless her heart, she -doesn't suspect what the letters from Boulogne are, but in less than a brace of -shakes I worm out of her that Miss Ida White has received any number of them -since she came to live in the house."</p> - -<p class="normal">"Have you an idea what horse she has backed?"</p> - -<p class="normal">"I have an idea that she has backed half a dozen, and that -neither of the favorites is among them. When a woman bets, she wants fifty to -one as a rule, and as a rule she gets it, and has to part."</p> - -<p class="normal">I debated a moment or two, and then I showed Fowler one of the -envelopes addressed by Eustace Rutland to his sister.</p> - -<p class="normal">"Are you certain that none of the envelopes you saw this -morning were addressed in this handwriting?"</p> - -<p class="normal">"Quite certain, sir."</p> - -<p class="normal">"I should like to see the house that Miss Ida White lives in, -Fowler."</p> - -<p class="normal">"Nothing easier but I shouldn't go as I am, if I were you."</p> - -<p class="normal">"Why not?"</p> - -<p class="normal">"Well, you see, she had a pretty long examination in court at -the Layton trial, and you were there all the time. She has sharp eyes in her -head, has Miss Ida White, and she might recognize you, and smell a rat."</p> - -<p class="normal">"You are right. I had better not go."</p> - -<p class="normal">"I don't see why you shouldn't, if you let me fix you up."</p> - -<p class="normal">"Fix me up?"</p> - -<p class="normal">"Yes, sir."</p> - -<p class="normal">He took from his pocket a small box of paints, and two or -three sets of wigs and whiskers and mustaches.</p> - -<p class="normal">"I always travel with them, sir. I can make myself into -another man in five minutes or so, and as for a change of clothes, any handy -cheap-clothes shop will serve my turn. Put on these sandy whiskers and -mustaches--always hide your mouth, sir--and this sandy wig, and let me touch you -up a bit, and your own mother wouldn't know you."</p> - -<p class="normal">I doubted whether she would when I looked at myself in the -glass after carrying out Fowler's instructions, and in less than a quarter of an -hour we were riding in a four-wheeled cab to Brixton. We alighted within a -couple of hundred yards of Miss Ida White's lodgings, and Fowler took me boldly -into the house, requesting me on the way thither to try and discover the men -working under him who were keeping watch upon the lady's-maid's movements. To -his gratification, I failed to discover them.</p> - -<p class="normal">"Then you didn't see me give the office to them?" he asked.</p> - -<p class="normal">"No," I replied.</p> - -<p class="normal">"I did, though, under your very nose. That is a guarantee to -you, sir, that the thing is being neatly done. Miss White is in the house. If -she were not, my men wouldn't be in the street. Did you hear the snapping of a -lock down-stairs?"</p> - -<p class="normal">"No."</p> - -<p class="normal">We were sitting at the window of Fowler's room, which was -situated on the second floor. It was the front room, and we could therefore see -into the street.</p> - -<p class="normal">"It was the key turning in my lady's room. She is going out. -There's the street door slamming. You heard that, of course?"</p> - -<p class="normal">"Yes, I heard that."</p> - -<p class="normal">"And there is Miss Ida White crossing the road to the opposite -side of the way, and there, sir, are my men following her, without her having -the slightest suspicion that she is being tracked."</p> - -<p class="normal">My sight is strong, and I had a clear view of Ida White. She -was stylishly dressed, and was certainly good-looking.</p> - -<p class="normal">"It is my opinion," said Fowler, "that she feathered her nest -when she was in Mrs. Layton's service but I don't care how much money she may -have saved or filched, if she goes on betting on horses the book-makers will -have every penny of it."</p> - -<p class="normal">There was nothing more to be done, and feeling somewhat ill at -ease in my disguise, I prepared to leave.</p> - -<p class="normal">"I will see you out of the street, sir," said Fowler. "It -happens often enough that watchers are watched, without their being aware of -it."</p> - -<p class="normal">Before I bade Fowler good-day I impressed upon him that no -money was to be spared in the business had intrusted to him, and that he had -better engage two or three more men, to be ready for any emergency that might -occur. He promised to do so, and I made my way home.</p> -<br> -<br> -<br> -<br> -<h4><a name="div1_03.6" href="#div1Ref_03.6">VI.</a></h4> -<h5>THE DAY AFTER THE DERBY.</h5> -<br> - -<p class="normal">Before commencing an account of what has been done, and what -discovered, I cannot refrain from writing one sentence. Success has crowned our -efforts.</p> - -<p class="normal">There is no need here to minutely describe our proceedings on -Monday and Tuesday. Sufficient to say that I was in constant communication with -Fowler--who As a most trustworthy fellow, and shrewd to the tips of his -nails--and that I had occasion on Tuesday to again assume my disguise. On -Tuesday night I saw Dr. Daincourt, and was glad to learn from him that there was -an improvement in Miss Rutland's condition.</p> - -<p class="normal">"Due," he observed, "in a great measure to certain assurances -I imparted to her in a voice so distinct and cheerful as to impress itself upon -her fevered imagination."</p> - -<p class="normal">"That is good news," I said. "You are administering what she -requires--medicine for the mind."</p> - -<p class="normal">I come now at once to the account of one of the most exciting -days--the Derby Day of 1885--I have ever passed through. Fowler was in my house -at seven o'clock in the morning, and brought with him a suit of clothes which he -wished me to wear. He had forewarned me that he intended to make a change in his -own appearance, and I was therefore not surprised when he presented himself in -the guise of a well-to-do farmer who had come to London to see the Derby.</p> - -<p class="normal">"Miss White is going, sir," he said, "and we are going, too. I -have been living in the house with her these last two days, and it is important -that she should not recognize me. I have a piece of satisfactory information for -you. It is an even bet that before this day is out I bring you face to face with -Mr. Eustace Rutland."</p> - -<p class="normal">"If you do," said I, "you will lose nothing by it. Bring me -into the same room as that young man, and I will wring from him what I desire to -know."</p> - -<p class="normal">"Don't get excited, sir," said Fowler. "Keep cool. You have -had a good night's rest, I hope?"</p> - -<p class="normal">"Yes, I slept well."</p> - -<p class="normal">"That's right. Make a hearty breakfast, as I am going to do. -We shall need all our strength. It is going to be a heavy day for us."</p> - -<p class="normal">"Where does Ida White start from?" I asked.</p> - -<p class="normal">"I can't tell you, sir. I pumped the landlady of the house, -but she knew nothing except that a new bonnet had arrived for our lady-bird. -Miss White is as close as wax, but that new bonnet means the Derby, if it means -anything. She can't very well start before nine o'clock, and we shall be on the -watch for her not later than half-past eight. I have six men engaged in the -affair, sir. It will cost something."</p> - -<p class="normal">"Never mind the cost," I said "it is the last thing to be -considered."</p> - -<p class="normal">"That is the way to work to success. Many a ship is spoiled -for a ha'porth of tar. We shall come out of this triumphant, or my name is not -Fowler."</p> - -<p class="normal">His confident, hopeful manner inspired me with confidence, and -after partaking of a substantial breakfast we both set out for Brixton. Fowler -had hired a cab by the hour, with a promise of double fare to the driver, to -whom he gave explicit instructions. We did not enter the house; we lingered at -the corner of a street at some distance from it, and at twenty minutes to ten -Miss Ida White closed the street door behind her. Secret signals passed between -Fowler and his men, and we followed the lady's-maid, the cab which Fowler had -engaged crawling in our rear without attracting attention. Miss White sauntered -on until she came to a cab-stand, and entering a cab, was driven away. We were -after her like a shot. Two other cabs started at the same time, and I learned -from Fowler that they were hired by his men.</p> - -<p class="normal">"Don't think I have drawn off all my forces, sir," he said. -"Although Miss White has left the house, there are two men on watch, who will -remain there the whole of the day. She has started early. It will make it all -the easier for us."</p> - -<p class="normal">Miss White's cab stopped at Victoria Station, and we stopped -also.</p> - -<p class="normal">"She's a smart-looking woman, sir," whispered Fowler to me.</p> - -<p class="normal">"She has a splendid complexion," I remarked.</p> - -<p class="normal">"Put on, sir," said Fowler, smiling.--"put on. Leave a -lady's-maid alone to learn the tricks of the face."</p> - -<p class="normal">Ida White purchased a first-class ticket for Epsom Downs, and -we did the same. Had I followed my own judgment I should have avoided the -carriage in which Miss White travelled, but Fowler pushed me in before him, and -got in afterwards, and being under his command, I did not hesitate. He had -purchased a number of newspapers, and shortly after we started he surprised me -by opening a conversation with a stranger. He spoke with a Lancashire accent, -and I should have been deceived by his voice had he not been sitting by my side. -The subject, of course, was the Derby, and he appeared to be eager to obtain -information as to the merits and chances of the various runners.</p> - -<p class="normal">Meanwhile, Miss White, who had also purchased every sporting -paper she saw, had taken from her pocket a Racing Guide, in which the -performances of the horses were recorded. She studied this Guide with great -seriousness, and was continually consulting the newspapers to ascertain how far -the opinions of the sporting prophets agreed with the information of the -authority with which she had provided herself. "So," thought I, "this young -woman, whose whole soul seems wrapped up in racing matters, is the same young -woman who in court declared that she hated races and betting men." Before we -were half an hour on our journey I felt perfectly at ease in her presence. It -was clear that she considered herself safe, and among strangers. The -conversation between Fowler and the gentleman became more animated; others -joined in, and I observed that Miss White's attention was attracted to their -utterances, Every now and then she made a memorandum in a small metallic book, -and before we arrived at Epsom Downs she allowed herself to be drawn into -conversation, and freely expressed her opinions upon the horses that were to run -for the blue ribbon of the turf. I did not venture to address her, but Fowler -had no fear, and extracted from her the names of the horses she believed to have -the best chances. He slapped his thigh, and declared that he should back them.</p> - -<p class="normal">We alighted at Epsom Downs, and rode to the race-course. The -great rush of the day had not yet set in, but although the Grand Stand was -scarcely a third part filled, there were already many there who had taken up a -favorable position from which to see the principal race of the day. Fowler -improved upon his acquaintance with Miss White, and I obeyed the instructions he -managed to convey to me not to stick too close to him. I did not lose sight of -him, however, and presently he came and said to me, in an undertone,</p> - -<p class="normal">"It's all right, sir; I'm making headway. I've told her where -I come from in Lancashire, and that I am a single man with a goodish bit of -property which has just fallen to me through the death of my father. I've given -her my card--I had some printed yesterday in case they might be wanted. We are -going up-stairs to have a bit of luncheon before the races commence."</p> - -<p class="normal">Up-stairs we went to the luncheon-room, where Fowler called -for a bottle of dry champagne, in which we drank good-luck to each other. It was -only by great exertions that we managed, after lunch, to squeeze ourselves into -the Grand Stand. The crush was terrific up the narrow stairs, and Miss Ida White -would have fared badly had it not been for Fowler's gallant attentions.</p> - -<p class="normal">I have no intention to describe the race. It presented all the -usual features of a Derby, to which I paid but little heed, my attention being -concentrated upon Miss Ida White. She was greatly excited. There were some -book-makers on the Grand Stand shouting out the odds, and she must have invested -at least a dozen sovereigns on different horses, the odds against which ranged -from 40 to 60 to 1.</p> - -<p class="normal">The race was over. Melton was hailed the winner. I knew that -Miss White had not backed Melton for a shilling, and I watched the effect the -result of the race had upon her. Her lips quivered, her eyes glared furiously -about. "Ida is an angel, is she?" thought I. "Ah! not much of the angel there."</p> - -<p class="normal">A stampede commenced to the lower ground. The Grand Stand was -half empty. Then it was that I saw a man who had just come up give a secret look -of intelligence to Fowler, after which he strolled a few paces away, and stood -with his back towards Miss White. Fowler joined him with a negligent air, and -very soon returned.</p> - -<p class="normal">"I am very sorry you lost," he said to Miss White, "and quite -as sorry that I must wish you good-by."</p> - -<p class="normal">He took her aside, and had a brief conversation with her, in -the course of which he slipped something into her palm, upon which her fingers -instantly closed. Shaking hands with her, he beckoned to me, and we left the -Grand Stand.</p> - -<p class="normal">"What did you give her?" I asked.</p> - -<p class="normal">"Only a card," he said, "with an address in London, to which -she could write to me if she felt inclined. I told her that I had never seen a -lady I admired so much, and that I hoped she would give me the opportunity of -becoming friends with her. In an honorable way--oh, quite in an honorable way!" -he added, with a laugh.</p> - -<p class="normal">"And what are you leaving her for now?" I inquired.</p> - -<p class="normal">"Because I know where Mr. Eustace Rutland is to be found," he -replied. "It will take two or three hours to get to the place, and I suppose it -is best to lose no time."</p> - -<p class="normal">"Decidedly the best," I said "but how about Ida White?"</p> - -<p class="normal">"She is safe enough. My men are all around her. She won't be -left for an instant, wherever she may go. The gentleman I entered into -conversation with in the train was one of my fellows. You are a great lawyer, -sir, but I think I could teach you something."</p> - -<p class="normal">"I have no doubt you could. Where does Eustace Rutland live?"</p> - -<p class="normal">"In Croydon, at some distance from the station."</p> - -<p class="normal">We did not reach Croydon until past six o'clock, and it was -nearly another hour before we arrived at the address which Fowler had received.</p> - -<p class="normal">"That is the house, sir," he said, pointing to it. "It doesn't -look very flourishing."</p> - -<p class="normal">It was one of a terrace of eight sad-looking tenements, two -stories in height, and evidently occupied by people in a humble station of life.</p> - -<p class="normal">"Before we go in, sir," said Fowler, "I must put you in -possession of the information I have gained. Mr. Eustace Rutland does not live -there"--I started--"but Mr. Fenwick does. The young gentleman has thought fit to -change his name that is suspicious. He has lived there the last two weeks, -having come probably from some better-known locality, the whereabouts of which I -shall learn by-and-by. When I say he <i>came</i> from some better-known locality -I am not quite exact it will be more correct to say that he was <i>brought</i> -from some better-known locality. He was very ill, scarcely able to walk, and is -still very weak, I am given to understand. Now, sir, what do you propose to do? -Do you wish me to go in with you, or will you see this young gentleman alone, -without witnesses?"</p> - -<p class="normal">"You are the soul of discretion, Fowler," I said, "and of -shrewdness. I must see the young gentleman alone, and without witnesses. -Meanwhile you can remain in the house, ready at my call, if I should require -you. Keep all strangers from the room while I am closeted with him."</p> - -<p class="normal">I knocked at the door, and inquired of the woman who opened it -for Mr. Fenwick. She asked me what I wanted, and who Mr. Fenwick was.</p> - -<p class="normal">"Mr. Fenwick lodges here," I said. "I am a friend of his, and -I wish to see him."</p> - -<p class="normal">"How do you know he lodges here?" asked the woman.</p> - -<p class="normal">"Simply," replied Fowler, "because we happen to have received -a letter from him with this address on it. What's your little game, eh, that you -want to deny him to us?"</p> - -<p class="normal">As he spoke he pushed his way into the passage, and I -followed. The woman looked helplessly at us, and when Fowler said, with -forefinger uplifted warningly, "Take care what you are about," she replied, "I -don't know what to do; I am only following out my instructions."</p> - -<p class="normal">"Your instructions," said Fowler, "were not to prevent Mr. -Fenwick's friends from seeing him."</p> - -<p class="normal">"I was told to admit no one," the woman said.</p> - -<p class="normal">"And pray who told you?" demanded Fowler. "The lady?"</p> - -<p class="normal">"Yes, sir," said the woman. "Miss Porter."</p> - -<p class="normal">"Oh, Miss Porter," exclaimed Fowler. "A friend of ours also. -Dark-skinned. Black hair. Black eyes. Red lips. White hands. Rather slim. About -five foot four."</p> - -<p class="normal">"Yes, sir," said the woman.</p> - -<p class="normal">Fowler had given a pretty faithful description of Miss Ida -White.</p> - -<p class="normal">"Well, then," said Fowler, whose ready wit compelled my -admiration, "there is no occasion to announce us to Mr. Fenwick. Show this -gentleman the room, and while they're chatting together I will have a little -chat with you."</p> - -<p class="normal">"It is on the first floor," said the woman.</p> - -<p class="normal">"Of course it is," said Fowler; "the first floor front, the -room with the blind pulled down. Do you think I don't know it? How is the young -gentleman?"</p> - -<p class="normal">"Not at all well, sir."</p> - -<p class="normal">I heard this reply as I ascended the stairs, in compliance -with a motion of Fowler's head. When I arrived at the door of the room occupied -by Fenwick, otherwise Eustace Rutland, I did not knock, but I turned the handle -and entered. A young gentleman who had been lying on the sofa jumped up upon my -entrance, and cried,</p> - -<p class="normal">"Who are you? What do you want?"</p> - -<p class="normal">I closed the door, and turned the key in the lock.</p> - -<p class="normal">"What do you do that for?" he exclaimed.</p> - -<p class="normal">"You will very soon know," I replied. "I am here for the -purpose of having a few minutes' conversation with Mr.--shall I say Fenwick?"</p> - -<p class="normal">"It is my name."</p> - -<p class="normal">"If I did not come as a friend I should dispute it, and even -as a friend I shall venture to dispute it. Your proper name is Eustace Rutland."</p> - -<p class="normal">He fell back upon the sofa, white and trembling.</p> - -<p class="normal">"What do you mean? Why are you here?" he gasped.</p> - -<p class="normal">"I will tell you," I said. "The time for evasion and -concealment is past. Your sister--"</p> - -<p class="normal">"My sister!" interrupted Eustace. "I do not understand you."</p> - -<p class="normal">"You do understand me. You have a sister--a twin-sister--whose -name is Mabel. She lies at the point of death, and you have brought her to it."</p> - -<p class="normal">He covered his face with his hands, and I judged intuitively -that there sat before me a young man who, weak-minded and easily led for evil as -he might be, was not devoid of the true instincts of affection.</p> - -<p class="normal">"Did you know of her condition?" I asked.</p> - -<p class="normal">"No," he replied, in a trembling voice. "Is it true? Is it -true?"</p> - -<p class="normal">"It is unhappily true, and it may be that it lies in your -power to rescue from the grave the innocent young girl who has devoted her life -and happiness to you."</p> - -<p class="normal">"My God! my God!"</p> - -<p class="normal">"I will not deceive you. Such happiness cannot come to pass if -you are guilty."</p> - -<p class="normal">"I am not guilty!" he cried, starting to his feet. "God knows -I am not guilty!"</p> - -<p class="normal">"Swear it," I exclaimed, sternly.</p> - -<p class="normal">"By all my hopes of happiness," he exclaimed, falling upon his -knees--"by my dear Mabel's life, by my dear mother's life--I swear that I am -innocent!"</p> - -<p class="normal">He was grovelling on the floor, and 1 assisted him to rise.</p> - -<p class="normal">"And being not guilty," I said, solemnly, "you were content to -remain in hiding while another man was accused of the crime which neither he nor -you committed! And being not guilty, you would have waited until he was done to -death before you emerged once more into the light of day! I believe you when you -say you did not know of your sister's peril, but you knew of the peril in which -Edward Layton stood. Don't deny it. Remember, the time of evasion has passed."</p> - -<p class="normal">"Yes," he murmured, "I knew it."</p> - -<p class="normal">"Why did you not come forward," I said, indignantly, rushing -as if by an inspiration of reasoning to the truth, "to affirm that you and Ida -White were in Prevost's Restaurant, in the very room in which Edward Layton and -your sister entered, on the night of the 25th of March? Why did you not come -forward to affirm that it was you who--by a devilish prompting--took Edward -Layton's ulster, unknown to him, from the peg upon which it was hanging, and -went out with your paramour to the carriage in which he and your sister had -arrived? Answer me. Why did you not do this, to prevent a noble and innocent man -from being condemned for a murder which he did not commit?"</p> - -<p class="normal">"It was no murder!" cried Eustace. "It was no murder! She died -by her own hand!"</p> - -<p class="normal">"She died by her own hand!" I echoed, bewildered by this -sudden turn in the complexion of the case.</p> - -<p class="normal">"Yes," said Eustace, "by her own hand. Upon the table by her -bedside there was written evidence of it."</p> - -<p class="normal">"Which you removed!" I cried.</p> - -<p class="normal">"No, not I, not. I! Of which <i>she</i> took possession!"</p> - -<p class="normal">"Speak plainly. Whom do you mean by she--Ida White?"</p> - -<p class="normal">"Yes."</p> - -<p class="normal">I paused. Truth to tell, I was overwhelmed by these -disclosures.</p> - -<p class="normal">"Bear this steadfastly in mind," I said, presently, in a calm, -judicial tone. "You are in the presence of a man who has sworn to rescue the -innocent. You are in the presence of a man who has sworn to bring the guilty to -justice. Upon me depends your fate. I can save or destroy you. If by a -hair's-breadth of duplicity and evasion you attempt to deceive me, your -destruction is certain. This is the turning-point of your life. Upon your -truthfulness rests your fate. Open your heart to me, not as to your enemy, but -as to your friend, and relate to me, without equivocation, the true story of -your life, from the time you commenced to plunge into dissipation and disgrace."</p> - -<p class="normal">Awed and conscience-stricken, he told me the story. In the -course of his narration I was compelled frequently to prompt and encourage him, -but that, in the result, it was truthfully told I have not a shadow of doubt.</p> - -<p class="normal">His career at college ended, he came to London. There he made -the acquaintance of Edward Layton's father, a man who, although well on in -years, was as weak-minded as he was himself. They entered into a kind of -partnership, in which, no doubt, the elder man, now in his grave, was the leader -and prompter. From Eustace's description of Edward Layton's father I recognized -a man weak-minded as Eustace himself was, and whose inherent honor and honesty -were warped by his fatal passion for gambling. Old Mr. Layton, for a long time, -kept his infatuation from the knowledge of his son, and it was not until he was -actually involved in crime and disgrace that Edward became aware of it. Long -before this Edward had, through his engagement with Mabel Rutland, been employed -in the helpless task of endeavoring to save her beloved brother, but when the -knowledge of his own father's disgrace was forced upon him, he knew that all -hope of Mabel's father consenting to his marriage was irretrievably gone. It was -not only that the young and the old man had lost money in betting--it was that -they had actually been guilty of forging bills, which Mr. Beach, the father of -the woman whom Edward Layton afterwards married, held in his possession. It was -this that first took Edward Layton to Mr. Beach's house. Mabel had implored him -to save her darling brother, against whom Mr. Beach had threatened to take -criminal proceedings. I do not at this moment know whether Edward Layton had -revealed to Mabel the disgrace which hung also above his father but that is -immaterial. Agnes Beach, Mr. Beach's only child, saw and fell in love with -Edward Layton, and her father, disreputable as he was, being devoted to his -daughter, was guided by her in all that subsequently transpired. The bills he -held he determinedly refused to part with, unless Edward Layton married his -child.</p> - -<p class="normal">In the terrible position in which he was placed, knowing that -Mabel Rutland was lost to him forever--knowing how deeply and devotedly she -loved her brother Eustace--knowing the disgrace which hung over his own name, he -saw no other way to prevent utter ruin than to enter into this fatal engagement, -and to marry a woman whom he did not love. But, with a full consciousness of the -disreputable connection he was about to form, he laid no pressing injunction -upon his father to recognize the unhappy union; and, indeed, old Mr. Layton, -aware that he was in Mr. Beach's power, was by no means desirous to meet him. -Love lost, honor lost, the sword hanging over his head, Edward Layton submitted -to the sacrifice. There was no duplicity on his part. Agnes Beach knew full well -that he did not love her. He received, as he believed, the whole of the forged -bills which Mr. Beach held, and it was not until some time after his marriage -that he discovered that three of these fatal acceptances had been withheld from -him. At the time he made this discovery he was leading a most unhappy life with -his wife, and on more than one occasion she taunted him with the power she held -over him.</p> - -<p class="normal">It was shortly after the marriage that weak-minded Eustace -made the acquaintance of Ida White. She was an attractive woman, well versed in -the wiles of her sex, and she played upon him and entangled him to such an -extent that there was no escape for him. It is unnecessary here to enter into -the details of this connection. It is sufficient to say that Ida White held -Eustace Rutland completely in her power, with a firm conviction that if she -could induce him to marry her, she could, after the marriage, obtain the -forgiveness of Eustace's father--which would insure her a life of ease and -luxury. But there was still a certain firmness in the young man.</p> - -<p class="normal">"Marry me," she said.</p> - -<p class="normal">"I will marry you," Eustace replied, "when I get back the -forged acceptances."</p> - -<p class="normal">Where were they? In Mrs. Layton's possession.</p> - -<p class="normal">Close as was the intimacy which existed between the unhappy -lady and her maid, Mrs. Layton retained so jealous a possession of these -incriminating documents that Ida White was not able to lay her hands upon them. -In the company of Eustace Rutland she was supping in Prevost's Restaurant on the -night of the 25th of March. She had slipped away from Mrs. Layton's house, as -she had often done before, to meet her young and foolish lover. She saw her -master and Mabel enter the room, and observed Layton taking off his ulster. Then -the idea suddenly entered her head that Eustace and she should personate her -master and the young lady--with a full knowledge how deeply those two were -compromised by their being together and arrive home before them, by which time, -doubtless, Mrs. Layton would be asleep. She knew that under her pillow Mrs. -Layton kept the documents which Eustace frantically desired to obtain, and the -possession of which would make her, Ida White, his wife. If Mrs. Layton awoke -and resisted while the forged bills were being abstracted, Eustace would be at -hand to use force, if necessary; and it was principally from the wish to -compromise her lover so deeply that he would not dare to break his promise to -marry her that she determined to put her idea into execution. She knew that -ordinarily Edward Layton kept the latch-key of the street door in the pocket of -his ulster. She disclosed the scheme to Eustace, and threatened him with -exposure if he did not do as she desired. It was she who took the ulster from -the wall of the restaurant, and it was she who, secretly and expeditiously, -assisted Eustace to put it on; then they stole out together and entered the -carriage. Before acquainting Eustace with her design she had ascertained that -Edward Layton's carriage was waiting for him and for Mabel. She trusted to her -own resources to keep her master out of his house after she and Eustace had -entered it.</p> - -<p class="normal">Here a word is necessary as to the true meaning of Edward -Layton's proceedings during the day and night of the 25th of March. Abandoned as -were the hopes in which he and Mabel had once fondly indulged, she still relied -upon his efforts to save her brother from harm. Eustace had lost heavily upon -certain races. He had made a despairing appeal to her, and she called upon -Layton to assist the erring lad. It was in the endeavor to discover Eustace that -Edward Layton had driven from place to place to obtain from him the information -necessary to rescue him from his peril. Mabel had, by letter, engaged to meet -Edward Layton in Bloomsbury Square at ten o'clock on the night of that day, in -order that he might relieve her anxiety with respect to her brother. How they -met, and what transpired after they met, have been already sufficiently -detailed.</p> - -<p class="normal">Ida White's manœuvres were successful up to a certain point. -She and Eustace entered the carriage, were driven home, and, unsuspected, -obtained entrance into the house. The correspondence between Eustace and Mabel -had been for some time conducted through the medium of the system of the Nine of -Hearts, and it was either by an oversight or by accident that Eustace, during -the drive from Prevost's Restaurant to Edward Layton's house, took from his own -pocket one of these cards and let it drop into the pocket of the ulster. But -when they were safely in Layton's house, and crept stealthily and noiselessly -into Mrs. Layton's bedroom, they made the horrible discovery that Mrs. Layton, -in a moment of frenzy, had emptied the bottle of poisonous narcotics, and had by -her own will destroyed herself. The proof was at her bedside: When she had -swallowed the fatal pills, the horror of the deed overwhelmed her. She summoned -up sufficient strength to rise in her bed, to take paper and the pen from the -inkstand, and before the death-agony commenced in her sleep, to write upon that -paper the confession which fixed upon her the crime of suicide.</p> - -<p class="normal">Having reached this point of the strange story, I demanded to -know from Eustace Rutland what had become of that confession.</p> - -<p class="normal">"Ida took possession of it," he said, "and I have not seen it -from that moment to this."</p> - -<p class="normal">"Why did you not come forward and make this public?" I cried.</p> - -<p class="normal">"Because," was his reply, "Ida told me that, if what we had -done became known, nothing could save us from the hangman."</p> - -<p class="normal">"Did she obtain possession of the forged acceptances?"</p> - -<p class="normal">"Yes."</p> - -<p class="normal">"How was it that the tumbler from which the fatal draught was -taken was on the mantle-shelf?"</p> - -<p class="normal">"Ida placed it there."</p> - -<p class="normal">It was enough. The entire facts of this mysterious case were -clear to me. I required nothing more to prove Edward Layton's innocence than the -possession of the document written almost in her death-throes by his unhappy -wife.</p> - -<p class="normal">I unlocked the door and called up Fowler. Briefly and swiftly -I told him what was necessary, and said it was not at all improbable that this -document was in Ida White's lodgings at Brixton; and I had scarcely uttered the -words before a rat-tat-tat came at the street door.</p> - -<p class="normal">"It is she!" cried Eustace.</p> - -<p class="normal">"Who?" I asked, in great excitement.</p> - -<p class="normal">"Ida," he replied.</p> - -<p class="normal">"It serves our turn exactly, sir," muttered Fowler to me, and -then addressing Eustace, he said, "Is that your bedroom?" pointing to a -communicating door.</p> - -<p class="normal">"We will go in there. Let the lady come up."</p> - -<p class="normal">We disappeared, leaving the communicating door partially open, -and the next minute I heard Ida White's voice.</p> - -<p class="normal">"Cursed luck!" she cried. "I've lost eighty-five pounds -to-day. I tell you what it is, Eustace--if we can't wheedle your old governor -into forgiving us after we are married, we shall have to turn book-makers -ourselves. You shall take the bets, and I will do the clerking. It will be a -novelty, and we shall make pots of money."</p> - -<p class="normal">Eustace did not reply.</p> - -<p class="normal">"Why don't you speak?" she continued. "Are you struck dumb?"</p> - -<p class="normal">Then came Eustace's voice, like the cry of a despairing soul:</p> - -<p class="normal">"You are a devil! Why have you driven me to this? I hate you, -hate you, hate you! You fiend, you have killed my sister!"</p> - -<p class="normal">Fowler did not wait for me to act. He seized me by the arm, -and pulled me after him into the room.</p> - -<p class="normal">"What!" screamed Ida "you two!"</p> - -<p class="normal">"Yes," said Fowler--and in the midst of my own excitement I -could not avoid observing the expression of calm satisfaction on his face--"we -two."</p> - -<p class="normal">"What are you here for?"</p> - -<p class="normal">"For reasons, Ida White," replied Fowler, "which may or may -not be fatal to yourself. Follow what I am about to say. We have here a -confession from this young gentleman which, if true--that is, if it can be -proved by documentary evidence--will bring undoubted disgrace upon you, but -neither death by the hangman's hands nor penal servitude for life."</p> - -<p class="normal">She recoiled, and echoed,</p> - -<p class="normal">"Death! Penal servitude for life!"</p> - -<p class="normal">"It is exactly as I have said. Death by the hangman's hands or -penal servitude for life. All is known. Your theft of the ulster at Prevost's -Restaurant, and everything else. Your liberty at this moment rests upon a -written document. If it never existed, or if you have destroyed it, you are -doomed. If it exists, you are saved."</p> - -<p class="normal">"You are a madman!" she cried, but her face was blanched, and -her figure expressed the most abject terror.</p> - -<p class="normal">"I am an officer of the law," said Fowler. "Now do you -understand? If the confession written by Mrs. Edward Layton, and which, after -her death, you took from the table by her bedside, is in existence, you have -nothing to fear. If it is not, you are a lost woman. No words, no parleying! It -is life or death for you! The moment has come. Decide. Which way?"</p> - -<p class="normal">Utterly overpowered, Ida White replied, with hands tremblingly -raised, as if for mercy,</p> - -<p class="normal">"I have the paper."</p> - -<p class="normal">"Where?"</p> - -<p class="normal">Her hands wandered to her pocket, and she took a purse from -it.</p> - -<p class="normal">"Here!"</p> - -<p class="normal">"There is something else, lady-bird."</p> - -<p class="normal">"What?"</p> - -<p class="normal">"The papers you stole from underneath your mistress's pillow. -Ah! you have those also! Hand them over. Thank you, lady-bird. Very satisfactory ---very satisfactory indeed. A happy termination to a most remarkable case!"</p> -<br> -<br> -<br> -<br> -<h4><a name="div1_03.7" href="#div1Ref_03.7">VII.</a></h4> -<br> - -<p style="text-indent:70%">"August 27, 1885.</p> - -<p class="normal">"<span class="sc">Dear Mr. Laing</span>, My intermediate -letters will have placed you in possession of all that has occurred. Edward -Layton is released with honor, and it has been the subject of hundreds of -leading articles that the obstinacy of one juryman, who refused to be guided by -circumstantial evidence, saved a noble young fellow from an unjust death. A -great blow has been struck against the jury system. Eleven men wrong, and one -man right!--people could hardly believe it. But it was so in this instance, and -I have no doubt it has been so in others. You being now a married man, -domestically happy and contented, the news I have to impart will give you -pleasure. Edward Layton is in Switzerland. He has gone upon a long summer and -autumn tour. Alone? No. Mabel Rutland, restored to health, is with him. Well, -but that is not enough? I take a satisfaction in prolonging the interest. I -could almost fancy myself a novelist. Mr. and Mrs. Rutland are also of the -company, and it is Mr. Rutland himself who invited Edward Layton to travel with -them. In less than a year from this date the lovers will be united, and faith -and self-sacrifice will be rewarded. Mr. James Rutland, Mabel's uncle, to whose -obstinacy Edward Layton undoubtedly owes his life, and before whose obstinacy -Justice should bow, is also travelling with them. No one else? Yes. Mabel's -brother, Eustace, repentant, humbled, reformed.</p> - -<p class="normal">"I have had painted for me a very simple picture on a large -canvas. It is the Nine of Hearts, which I intend shall always occupy the place -of honor in my house. It cannot fail to attract attention, and when inquiries -are made about it I shall have a story to tell.</p> - -<p class="normal">"With a full appreciation of your rare generosity, I remain, -dear sir,</p> - -<p style="text-indent:45%">"Yours faithfully,</p> - -<p style="text-indent:50%">"<span class="sc">Horace Bainbridge</span>."</p> -<br> -<br> -<br> -<h4>THE END.</h4> -<br> -<br> -<br> -<br> - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of The Nine of Hearts, by B. L. 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