CHAPTER XXIV
THE WITNESS
The afternoon sunlight poured into the room golden and clear. Outside theopen windows the garden was noisy with birds and the river babbledbetween its banks. Henry Thresk shut his ears against the music. For allhis appearance of ease he dreaded the encounter which was now begun.Pettifer he knew to be a shrewd man. He watched him methodicallyarranging his press-cuttings in front of him. Pettifer might well findsome weak point in his story which he himself had not discovered; andwhatever course he was minded afterwards to take, here and now he wasdetermined once more to fight Stella's battle.
"I need not go back on the facts of the trial," said Pettifer. "They arefresh enough in your memory, no doubt. Your theory as I understand it ranas follows: While you were mounting your camel on the edge of the camp toreturn to the station and Ballantyne was at your side, the thief whosearm you had both seen under the tent wall, not knowing that now you hadthe photograph of Bahadur Salak which he wished to steal, slipped intothe tent unperceived, took up the rook-rifle--"
"Which was standing by Mrs. Ballantyne's writing-table," Threskinterposed.
"Loaded it,--"
"The cartridges were lying open in a drawer."
"And shot Ballantyne on his return."
"Yes," Thresk agreed. "In addition you must remember that when CaptainBallantyne was found an hour or so later Mrs. Ballantyne was in bedand asleep."
"Quite so," said Pettifer. "In brief, Mr. Thresk, you supplied areasonable motive for the crime and some evidence of a criminal. And Iadmit that on your testimony the jury returned the only verdict which itwas possible to give."
"What troubles you then?" Henry Thresk asked, and Pettifer replied drily:
"Various points. Here's one--a minor one. If Captain Ballantyne was shotby a thief detected in the act of thieving why should that thief riskcapture and death by dragging Captain Ballantyne's body out into theopen? It seems to me the last thing which he would naturally do."
Thresk shrugged his shoulders.
"I can't explain that. It is perhaps possible that not finding thephotograph he fell into a blind rage and satisfied it by violence towardsthe dead man."
"Dead or dying," Mr. Pettifer corrected. "There seems to have been somelittle doubt upon that point. But your theory's a little weak, isn't it?To get away unseen would be that thief's first preoccupation, surely?"
"Reasoning as you and I are doing here quietly, at our ease, in thisroom, no doubt you are right, Mr. Pettifer. But criminals are caughtbecause they don't reason quietly when they have just committed a crime.The behaviour of a man whose mind is influenced by that condition cannotbe explained always by any laws of psychology. He may be in a wild panic.He may act as madmen act, or like a child in a rage. And if myexplanation is weak it's no weaker than the only other hypothesis: thatMrs. Ballantyne herself dragged him into the open."
Mr. Pettifer shook his head.
"I am not so sure. I can conceive a condition of horror in the wife,horror at what she had done, which would make that act not merelypossible but almost inevitable. I make no claims to being an imaginativeman, Mr. Thresk, but I try to put myself into the position of the wife";and he described with a vividness for which Thresk was not prepared thescene as he saw it.
"She goes to bed, she undresses and goes to bed--she must do that ifshe is to escape--she puts out her light, she lies in the dark awake,and under the same roof, close to her, in the dark too, is lying the manshe has killed. Just a short passage separates her from him. There areno doors--mind that, Mr. Thresk--no doors to lock and bolt, merely agrass screen which you could lift with your forefinger. Wouldn't any andevery one of the little cracks and sounds and breathings, of which thequietest and stillest night is full, sound to her like the approach ofthe dead man? The faintest breath of air would seem a draught made bythe swinging of the grass-curtain as it was stealthily lifted--lifted bythe dead man. No, Mr. Thresk. The wife is just the one person I couldimagine who would do that needless barbarous violence of dragging thebody into the open--and she would do it, not out of cruelty, but becauseshe must or go mad."
Thresk listened without a movement until Robert Pettifer had finished.Then he said:
"You know Mrs. Ballantyne. Has she the strength which she must have hadto drag a heavy man across the carpet of a tent and fling him outside?"
"Not now, not before. But just at the moment? You argued, Mr. Thresk,that it is impossible to foresee what people will do under the immediateknowledge that they have committed a capital crime. I agree. But I go alittle further. I say that they will also exhibit a physical strengthwith which it would be otherwise impossible to credit them. Fear lendsit to them."
"Yes," Thresk interrupted quickly, "but don't you see, Mr. Pettifer, thatyou are implying the existence of an emotion in Mrs. Ballantyne which thefacts prove her to have been without--fear, panic? She was found quietlyasleep in her bed by the ayah when she came to call her in the morning.There's no doubt of that. The ayah was never for a moment shaken uponthat point. The pyschology of crime is a curious and surprising study,Mr. Pettifer, but I know of no case where terror has acted as asleeping-draught."
Mr. Pettifer smiled and turned altogether away from the question.
"It is, as I said, a minor point, and perhaps one from which anysort of inference would be unsafe. It interested me. I lay no greatstress upon it."
He dismissed the point carelessly, to the momentary amusement of HenryThresk. The art of slipping away from defeat had been practised withgreater skill. Thresk lost some part of his apprehension but none of hiswatchfulness.
"Now, however, we come to something very different," said Pettifer,hitching himself a little closer to his table and fixing his eyes uponThresk. "The case for the prosecution ran like this: Stephen Ballantynewas, though a man of great ability, a secret drunkard who humiliated hiswife in public and beat her in private. She went in terror of him. Shebore on more than one occasion the marks of his violence; and upon thatnight in Chitipur, perhaps in a panic and very likely under extremeprovocation, she snatched up her rook-rifle and put an end to the wholebad business."
"Yes," Thresk agreed, "that was the case for the Crown."
"Yes, and throughout the sitting at the Stipendiary's inquiry before youcame upon the scene that theory was clearly developed."
"Yes."
Thresk's confidence vanished as quickly as it had come. He realisedwhither Pettifer's questions were leading. There was a definitely weaklink in his story and Pettifer had noticed it and was testing it.
"Now," the solicitor continued--"and this is the important point--whatwas the answer to that charge foreshadowed by the defence during thosedays before you appeared?"
Thresk answered the question quickly, if answer it could be called.
"The defence had not formulated any answer. I came forward before thecase for the Crown finished."
"Quite so. But Mrs. Ballantyne's counsel did cross-examine the witnessesfor the prosecution--we must not forget that, Mr. Thresk--and from thecross-examination it is quite clear what answer he was going to make. Hewas going--not to deny that Mrs. Ballantyne shot her husband--but toplead that she shot him in self-defence."
"Oh?" said Thresk, "and where do you find that?"
He had no doubt himself in what portion of the report of the trial aproof of Pettifer's statement was to be discovered, but he made acreditable show of surprise that any one should hold that opinion at all.
Pettifer selected a column of newspaper from his cuttings.
"Listen," he said. "Mr. Repton, a friend of Mrs. Ballantyne, was calledupon a subpoena by the Crown and he testified that while he was aCollector at Agra he went up with his wife from the plains to thehill-station of Moussourie during a hot weather. The Ballantynes went upat the same time and occupied a bungalow next to Repton's. One nightRepton's house was broken into. He went across to Ballantyne the nextmorning and advised him in the presence of his wife to sleep with arevolver under his pillow."
br /> "Yes, I remember that," said Thresk. He had indeed cause to remember itvery well, for it was just this evidence given by Repton with its clearimplication of the line which the defence meant to take that had sent himin a hurry to Mrs. Ballantyne's solicitor. Pettifer continued by readingRepton's words slowly and with emphasis.
"'Mrs. Ballantyne then turned very pale, and running after me down thegarden like a distracted woman cried: "Why did you tell him to do that?It will some night mean my death."' This statement, Mr. Thresk, waselicited in cross-examination by Mrs. Ballantyne's counsel, and it couldonly mean that he intended to set up a plea of self-defence. I find it alittle difficult to reconcile that intention with the story yousubsequently told."
Henry Thresk for his part knew that it was not merely difficult, it was,in fact, impossible. Mr. Pettifer had read the evidence with an accuratediscrimination. The plea of self-defence was here foreshadowed and it wasjust the certainty that the defence was going to rely upon it for averdict which had brought Henry Thresk himself into the witness-box atBombay. Given all that was known of Stephen Ballantyne and of the life hehad led his unhappy wife, the defence would have been a good one, but fora single fact--the discovery of Ballantyne's body outside the tent. Noplea of self-defence could safely be left to cover that. Thresk himselfwondered at it. It struck at public sympathy, it seemed the act of aperson insensate and vindictive. Therefore he had come forward with hisstory. But Mr. Pettifer was not to know it.
"There are three things for you to remember," said Thresk. "In the firstplace it is too early to assume that self-defence was going to be theplea. Assumptions in a case of this kind are very dangerous, Mr.Pettifer. They may lead to an irreparable injustice. We must keep to thefact that no plea of self-defence was ever formulated. In the secondplace Mrs. Ballantyne was brought down to Bombay in a state of completecollapse. Her married life had been a torture to her. She broke down atthe end of it. She was indifferent to anything that might happen."
Pettifer nodded. "Yes, I can understand that."
"It followed that her advisers had to act upon their own initiative."
"And the third point?" Pettifer asked.
"Well, it's not so much a point as an opinion of mine. But I hold itstrongly. Her counsel mishandled the case."
Pettifer pursed up his lips and grunted. He tapped a finger once or twiceon the table in front of him. He looked towards Thresk as if all was notquite said. Harold Hazlewood, to whom the position of a neglectedlistener was rare and unpalatable, saw an opportunity for intervention.
"The three points are perhaps not very conclusive," he said.
Thresk turned towards him coldly:
"I promised to answer such questions as Mr. Pettifer put to me. I amdoing that. I did not undertake to discuss the value of my answersafterwards."
"No, no, quite so," murmured Mr. Hazlewood. "We are very grateful, I amsure," and he left once more the argument to Pettifer.
"Then I come to the next question, Mr. Thresk. At some moment in thisinquiry you of your own account put yourself into communication with Mrs.Ballantyne's advisers and volunteered your evidence?"
"Yes."
"Isn't it strange that the defence did not at the very outset get intocommunication with you?"
"No," replied Thresk. Here he was at his ease. He had laid his plans wellin Bombay. Mr. Pettifer might go on asking questions until midnight uponthis point. Thresk could meet him. "It was not at all strange. It was notknown that I could throw any light upon the affair at all. All thatpassed between Ballantyne and myself passed when we were alone; andBallantyne was now dead."
"Yes, but you had dined with the Ballantynes on that night. Surely it'sstrange that since you were in Bombay Mrs. Ballantyne's advisers did notseek you out."
"Yes, yes," added Mr. Hazlewood, "very strange indeed, Mr.Thresk--since you were in Bombay"; and he looked up at the ceiling andjoined the tips of his fingers, his whole attitude a confidentquestion: "Answer that if you can."
Thresk turned patiently round.
"Hasn't it occurred to you, Mr. Hazlewood, that it is still more strangethat the prosecution did not at once approach me?"
"Yes," said Pettifer suddenly. "That question too has troubled me"; andThresk turned back again.
"You see," he explained, "I was not known to be in Bombay at all. On thecontrary I was supposed to be somewhere in the Red Sea or theMediterranean on my way back to England."
Mr. Pettifer looked up in surprise. The statement was news to him and iftrue provided a natural explanation of some of his chief perplexities."Let me understand that!" and there was a change in his voice whichThresk was quick to detect. There was less hostility.
"Certainly," Thresk answered. "I left the tent just before eleven tocatch the Bombay mail. I was returning direct to England. The reasonwhy Ballantyne asked me to take the photograph of Bahadur Salak wasthat since I was going on board straight from the train it could be nodanger to me."
"Then why didn't you go straight on board?" asked Pettifer.
"I'll tell you," Thresk replied. "I thought the matter over on thejourney down to Bombay, and I came to the conclusion that since thephotograph might be wanted at Salak's trial I had better take it to theGovernor's house at Bombay. But Government House is out at Malabar Point,four miles from the quays. I took the photograph out myself and so Imissed the boat. But there was an announcement in the papers that I hadsailed, and in fact the consul at Marseilles came on board at that portto inquire for me on instructions from the Indian Government."
Mr. Pettifer leaned back.
"Yes, I see," he said thoughtfully. "That makes a difference--a bigdifference." Then he sat upright again and said sharply:
"You were in Bombay then when Mrs. Ballantyne was brought down fromChitipur?"
"Yes."
"And when the case for the Crown was started?"
"Yes."
"And when the Crown's witnesses were cross-examined?"
"Yes."
"Why did you wait then all that time before you came forward?" Pettiferput the question with an air of triumph. "Why, Mr. Thresk, did you waittill the very moment when Mrs. Ballantyne was going to be definitelycommitted to a particular line of defence before you announced that youcould clear up the mystery? Doesn't it rather look as if you had remainedhidden on the chance of the prosecution breaking down, and had only comeforward when you realised that to-morrow self-defence would be pleaded,the firing of that rook-rifle admitted and a terrible risk of a verdictof guilty run?"
Thresk agreed without a moment's hesitation.
"But that's the truth, Mr. Pettifer," he said, and Mr. Pettifersprang up.
"What?"
"Consider my position"--Thresk drew up his chair close to the table--"abarrister who was beginning to have one of the large practices, theCourts opening in London, briefs awaiting me, cases on which I hadalready advised coming on. I had already lost a fortnight. That was badenough, but if I came forward with my story I must wait in Bombay notmerely for a fortnight but until the whole trial was completed, as in theend I had to do. Of course I hoped that the prosecution would break down.Of course I didn't intervene until it was absolutely necessary in theinterests of justice that I should."
He spoke so calmly, there was so much reason in what he said, thatPettifer could not but be convinced.
"I see," he said. "I see. Yes. That's not to be disputed." He remainedsilent for a few moments. Then he shuffled his papers together andreplaced them in the envelope. It seemed that his examination was over.Thresk rose from his chair.
"You have no more questions to ask me?" he inquired.
"One more."
Pettifer came round the table and stood in front of Henry Thresk.
"Did you know Mrs. Ballantyne before you went to Chitipur?"
"Yes," Thresk replied.
"Had you seen her lately?"
"No."
"When had you last seen her?"
"Eight years before, in this neighbourhood. I spent a holid
ay closeby. Her father and mother were then alive. I had not seen her since. Idid not even know that she was in India and married until I was told soin Bombay."
Thresk was prepared for that question. He had the truth ready and hespoke it frankly. Mr. Pettifer turned away to Hazlewood, who was watchinghim expectantly.
"We have nothing more to do, Hazlewood, but to thank Mr. Thresk foranswering our questions and to apologise to him for having put them."
Mr. Hazlewood was utterly disconcerted. After all, then, the marriagemust take place; the plot had ignominiously failed, the great questionswhich were to banish Stella Ballantyne from Little Beeding had been putand answered. He sat like a man stricken by calamity. He stammered outreluctantly a few words to which Thresk paid little heed.
"You are satisfied then?" he asked of Pettifer; and Pettifer showed himunexpectedly a cordial and good-humoured face.
"Yes. Let me say to you, Mr. Thresk, that ever since I began to studythis case I have wished less and less to bear hardly upon Mrs.Ballantyne. As I read those columns of evidence the heavy figure ofStephen Ballantyne took life again, but a very sinister life; and when Ilook at Stella and think of what she went through during the years ofher married life while we were comfortably here at home I cannot but feela shiver of discomfort. Yes, I am satisfied and I am glad that I amsatisfied"; and with a smile which suddenly illumined his dry parchedface he held out his hand to Henry Thresk.
It was perhaps as well that the questions were over, for even whilePettifer was speaking Stella's voice was heard in the hall. Pettifer hadjust time to thrust away the envelope with the cuttings into a drawerbefore she came into the room with Dick. She had been forced to leave thethree men together, but she had dreaded it. During that one hour ofabsence she had lived through a lifetime of terror and anxiety. Whatwould Thresk tell them? What was he now telling them? She was like onewaiting downstairs while a surgical operation is being performed in thetheatre above. She had hurried Dick back to Little Deeding, and when shecame into the room her eyes roamed round in suspense from Thresk toHazlewood, from Hazlewood to Pettifer. She saw the tray of miniaturesupon the table.
"You admire the collection?" she said to Thresk.
"Very much," he answered, and Pettifer took her by the arm and in a voiceof kindness which she had never heard him use before he said:
"Now tell me about your house. That's much more interesting."