The awful formalities at the opening of the case were gone through. The judge took his seat, and laid on the bench in front of him a small parcel wrapped up in tissue paper; the jury was sworn in, and the prisoner asked if he objected to the inclusion of any of those among the men who were going to decide whether he was worthy of life or guilty of death, and the packed court, composed about equally of men and women, most of whom would have shuddered to see a dog beaten, or a tired hare made to go an extra mile, settled themselves in their places with a rustle of satisfaction at the thought of seeing a man brought before them in the shame of suspected murder, and promised themselves an interesting and thrilling couple of days in observing the gallows march nearer him, and in watching his mental agony. They who would, and perhaps did, subscribe to benevolent institutions for the relief of suffering among the lower animals, would willingly have paid a far higher rate to observe the suffering of a man. He was so interesting; he was so young and good-looking; what a depraved monster he must be. And that little package in tissue paper which the judge brought in and laid on the bench! The black cap, was it not? That showed what the judge thought about it all. How thrilling!
Counsel for the Crown, opened the case, and in a speech grimly devoid of all emotional appeal, laid before the court the facts he was prepared to prove, on which they would base their verdict.
The prisoner, a young man of birth and breeding, had strong grounds for revenge on the murdered man. The prosecution, however, was not concerned in defending what the murdered man had done, but in establishing the guilt of the man who had murdered him. Godfrey Mills, had, as could be proved by witnesses, slandered the prisoner in an abominable manner, and the prosecution were not intending for a moment to attempt to establish the truth of his slander. But this slander they put forward as a motive that gave rise to a murderous impulse on the part of the prisoner. The jury would hear from one of the witnesses, an old friend of the prisoner's, and a man who had been a sort of father to him, that a few hours only before the murder was committed the prisoner had uttered certain words which admitted only of one interpretation, namely that murder was in his mind. That the provocation was great was not denied; it was certain however, that the provocation was sufficient.
Counsel then sketched the actual circumstances of the crime, as far as they could be constructed from what evidence there was. This evidence was purely circumstantial, but of a sort which left no reasonable doubt that the murder had been committed by the prisoner in the manner suggested. Mr. Godfrey Mills had gone to London on the Tuesday of the fatal week, intending to return on the Thursday. On the Wednesday the prisoner became cognisant of the fact that Mr. Godfrey Mills had—he would not argue over it—wantonly slandered him to Sir Richard Templeton, a marriage with the daughter of whom was projected in the prisoner's mind, which there was reason to suppose, might have taken place. Should the jury not be satisfied on that point, witnesses would be called, including the young lady herself, but unless the counsel for the defence challenged their statement, namely that this slander had been spoken which contributed, so it was argued, a motive for the crime it would be unnecessary to intrude on the poignant and private grief of persons so situated, and to insist on a scene which must prove to be so heart-rendingly painful.
(There was a slight movement of demur in the humane and crowded court at this; it was just these heart-rendingly painful things which were so thrilling.)
It was most important, continued counsel for the prosecution that the jury should fix these dates accurately in their minds. Tuesday was June 21st; it was on that day the murdered man had gone to London, designing to return on June 23d, Thursday. The prisoner had learned on Wednesday (June 22d) that aspersions had been made, false aspersions, on his character, and it was on Thursday that he learned for certain from the lips of the man to whom they had been made, who was the author of them. The author was Mr. Godfrey Mills. He had thereupon motored back from Falmer Park, and informed Mr. Taynton of this, and had left again for Falmer an hour later to make an appointment for Mr. Taynton to see Sir Richard. He knew, too, this would be proved, that Mr. Godfrey Mills proposed to return from London that afternoon, to get out at Falmer station and walk back to Brighton. It was certain from the finding of the body that Mr. Mills had travelled from London, as he intended, and that he had got out at this station. It was certain also that at that hour the prisoner, burning for vengeance, and knowing the movements of Mr. Mills, was in the vicinity of Falmer.
To proceed, it was certain also that the prisoner in a very strange wild state had arrived at Mr. Taynton's house about nine that evening, knowing that Mr. Mills was expected there at about 9.30. Granted that he had committed the murder, this proceeding was dictated by the most elementary instinct of self-preservation. It was also in accordance with that that he had gone round in the pelting rain late that night to see if the missing man had returned to his flat, and that he had gone to London next morning to seek him there. He had not, of course, found him, and he returned to Brighton that afternoon. In connection with this return, another painful passage lay before them, for it would be shown by one of the witnesses that again on the Friday afternoon the prisoner had visited the scene of the crime. Mr. Taynton, in fact, still unsuspicious of anything being wrong had walked over the Downs that afternoon from Brighton to Falmer, and had sat down in view of the station where he proposed to catch a train back to Brighton, and had seen the prisoner stop his motor-car close to the corner where the body had been found, and behave in a manner inexplicable except on the theory that he knew where the body lay. Subsequently to the finding of the body, which had occurred on Saturday evening, there had been discovered in a coppice adjoining a heavy bludgeon-like stick broken in two. The top of it, which would be produced, bore the inscription M. ASSHE...
Mr. Taynton was present in court, and was sitting on the bench to the right of the judge who had long been a personal friend of his. Hitherto his face had been hidden in his hands, as this terribly logical tale went on. But here he raised it, and smiled, a wan smile enough, at Morris. The latter did not seem to notice the action. Counsel for the prosecution continued.
All this, he said, had been brought forward at the trial before the police-court magistrates, and he thought the jury would agree that it was more than sufficient to commit the prisoner to trial. At that trial, too, they had heard, the whole world had heard, of the mystery of the missing watch, and the missing money. No money, at least, had been found on the body; it was reasonable to refer to it as "missing." But here again, the motive of self-preservation came in; the whole thing had been carefully planned; the prisoner, counsel suggested, had, just as he had gone up to town to find Mr. Mills the day after the murder was committed, striven to put justice off the scent in making it appear that the motive for the crime, had been robbery. With well-calculated cunning he had taken the watch and what coins there were, from the pockets of his victim. That at any rate was the theory suggested by the prosecution.
The speech was admirably delivered, and its virtue was its extreme impassiveness; it seemed quite impersonal, the mere automatic action of justice, not revengeful, not seeking for death, but merely stating the case as it might be stated by some planet or remote fixed star. Then there was a short pause, while the prosecutor for the Crown laid down his notes. And the same slow, clear, impassive voice went on.
"But since the committal of the prisoner to stand his trial at these assizes," he said, "more evidence of an utterly unexpected, but to us convincing kind has been discovered. Here it is." And he held up a sheet of blotting paper, and a crumpled envelope.
"A letter has been blotted on this sheet," he said, "and by holding it up to the light and looking through it, one can, of course, read what was written. But before I read it, I will tell you from where this sheet was taken. It was taken from a blotting book in the drawing-room of Mrs. Assheton's house in Sussex Square. An expert in handwriting will soon tell the gentlemen of the jury in whose hand he without doubt consi
ders it to be written. After the committal of the prisoner to trial, search was of course made in this house, for further evidence. This evidence was almost immediately discovered. After that no further search was made."
The judge looked up from his notes.
"By whom was this discovery made?" he asked.
"By Superintendent Figgis and Sergeant Wilkinson, my lord. They will give their evidence."
He waited till the judge had entered this.
"I will read the letter," he said, "from the negative, so to speak, of the blotting paper."
"June 21st.
"TO GODFREY MILLS, ESQ.
"You damned brute, I will settle you. I hear you are coming back to Brighton to-morrow, and are getting out at Falmer. All right; I shall be there, and we shall have a talk.
"MORRIS ASSHETON."
A sort of purr went round the court; the kind humane ladies and gentlemen who had fought for seats found this to their taste. The noose tightened.
"I have here also an envelope," said the prosecutor, "which was found by Mr. Figgis and Mr. Wilkinson in the waste-paper basket in the sitting-room of the deceased. According to the expert in handwriting, whose evidence you will hear, it is undoubtedly addressed by the same hand that wrote the letter I have just read you. And, in his opinion, the handwriting is that of the prisoner. No letter was found in the deceased man's room corresponding to this envelope, but the jury will observe that what I have called the negative of the letter on the blotting-paper was dated June 21st, the day that the prisoner suspected the slander that had been levelled at him. The suggestion is that the deceased opened this before leaving for London, and took the letter with him. And the hand, that for the purposes of misleading justice, robbed him of his watch and his money, also destroyed the letter which was then on his person, and which was an incriminating document. But this sheet of blotting paper is as valuable as the letter itself. It proves the letter to have been written."
*
Morris had been given a seat in the dock, and on each side of him there stood a prison-warder. But in the awed hush that followed, for the vultures and carrion crows who crowded the court were finding themselves quite beautifully thrilled, he wrote a few words on a slip of paper and handed it to a warder to give to his counsel. And his counsel nodded to him.
The opening speech for the Crown had lasted something over two hours, and a couple of witnesses only were called before the interval for lunch. But most of the human ghouls had brought sandwiches with them, and the court was packed with the same people when Morris was brought up again after the interval, and the judge, breathing sherry, took his seat. The court had become terribly hot, but the public were too humane to mind that. A criminal was being chased toward the gallows, and they followed his progress there with breathless interest. Step by step all that was laid down in the opening speech for the prosecution was inexorably proved, all, that is to say, except the affair of the stick. But from what a certain witness (Mr. Taynton) swore to, it was clear that this piece of circumstantial evidence, which indeed was of the greatest importance since the Crown's case was that the murder had been committed with that bludgeon of a stick, completely broke down. Whoever had done the murder, he had not done it with that stick, since Mr. Taynton deposed to having been at Mrs. Assheton's house on the Friday, the day after the murder had been committed, and to having taken the stick away by mistake, believing it to be his. And the counsel for the defence only asked one question on this point, which question closed the proceedings for the day. It was:
"You have a similar stick then?"
And Mr. Taynton replied in the affirmative.
The court then rose.
*
On the whole the day had been most satisfactory to the ghouls and vultures and it seemed probable that they would have equally exciting and plentiful fare next day. But in the opinion of many Morris's counsel was disappointing. He did not cross-examine witnesses at all sensationally, and drag out dreadful secrets (which had nothing to do with the case) about their private lives, in order to show that they seldom if ever spoke the truth. Indeed, witness after witness was allowed to escape without any cross-examination at all; there was no attempt made to prove that the carpenter who had found the body had been himself tried for murder, or that his children were illegitimate. Yet gradually, as the afternoon went on, a sort of impression began to make its way, that there was something coming which no one suspected.
The next morning those impressions were realised when the adjourned cross-examination of Mr. Taynton was resumed. The counsel for the defence made an immediate attack on the theories of the prosecution, and it told. For the prosecution had suggested that Morris's presence at the scene of the murder the day after was suspicious, as if he had come back uneasily and of an unquiet conscience. If that was so, Mr. Taynton's presence there, who had been the witness who proved the presence of the other, was suspicious also. What had he come there for? In order to throw the broken pieces of Morris's stick into the bushes? These inferences were of course but suggested in the questions counsel asked Mr. Taynton in the further cross-examination of this morning, and perhaps no one in court saw what the suggestion was for a moment or two, so subtly and covertly was it conveyed. Then it appeared to strike all minds together, and a subdued rustle went round the court, followed the moment after by an even intenser silence.
Then followed a series of interrogations, which at first seemed wholly irrelevant, for they appeared to bear only on the business relations between the prisoner and the witness. Then suddenly like the dim light at the end of a tunnel, where shines the pervading illuminating sunlight, a little ray dawned.
"You have had control of the prisoner's private fortune since 1886?"
"Yes."
"In the year 1896 he had £8,000 or thereabouts in London and North-Western Debentures, £6,000 in Consols, £7,000 in Government bonds of South Australia?"
"I have no doubt those figures are correct."
"A fortnight ago you bought £8,000 of London and North-Western Debentures, £6,000 in Consols, £7,000 in Government bonds of South Australia?"
Mr. Taynton opened his lips to speak, but no sound came from them.
"Please answer the question."
If there had been a dead hush before, succeeding the rustle that had followed the suggestions about the stick, a silence far more palpable now descended. There was no doubt as to what the suggestion was now.
The counsel for the prosecution broke in.
"I submit that these questions are irrelevant, my lord," he said.
"I shall subsequently show, my lord, that they are not."
"The witness must answer the question," said the judge. "I see that there is a possible relevancy."
The question was answered.
"Thank you, that is all," said the counsel for the defence, and Mr. Taynton left the witness box.
It was then, for the first time since the trial began, that Morris looked at this witness. All through he had been perfectly calm and collected, a circumstance which the spectators put down to the callousness with which they kindly credited him, and now for the first time, as Mr. Taynton's eyes and his met, an emotion crossed the prisoner's face. He looked sorry.
Chapter XI
*
For the rest of the morning the examination of witnesses for the prosecution went on, for there were a very large number of them, but when the court rose for lunch, the counsel for the prosecution intimated that this was his last. But again, hardly any but those engaged officially, the judge, the counsel, the prisoner, the warder, left the court. Mr. Taynton, however, went home, for he had his seat on the bench, and he could escape for an hour from this very hot and oppressive atmosphere. But he did not go to his Lewes office, or to any hotel to get his lunch. He went to the station, where after waiting some quarter of an hour, he took the train to Brighton. The train ran through Falmer and from his window he could see where the Park palings made an angle close to the road; it was from ther
e that the path over the Downs, where he had so often walked, passed to Brighton.