1
walking back alone to the "ridiculous flat," ronald cavendish was oppressed with a sense of his own inefficiency. even though his intuitive suspicions about maggie peterson's honesty had been to a very large extent confirmed by that piece of paper, the author of that piece of paper could not be found. bunce, bullied to remember who had given him the document, thought it was "a common-looking kind of fellow." cartwright, told, had said skeptically, "those sort of things always happen in murder-trials. i'd forget it if i were you." but ronnie could not forget.
halting under the light of a street-lamp, he drew the paper from his pocketbook and reread it for the twentieth time. if only he could succeed in discrediting the peterson woman. yet, even if he did succeed in discrediting maggie peterson, in nullifying her evidence as to motive, brunton--according to his opening--had other witnesses.
walking on, he bought an evening paper. the paper reported brunton's speech verbatim. curse brunton! what an orator the man was. listening to him, one could hardly imagine lucy towers anything but the murderous adulteress.
2
caroline staley had prepared the usual faultless dinner; but her master ate hardly anything. in his mind, he went over maggie peterson's evidence, weighing it word by word. obviously the woman hated lucy towers; obviously, almost obviously, she had had some sort of relations, probably immoral relations, with the dead man. but how the devil could one prove that? even proved, how did it advance matters? if only bunce hadn't been such an infernal fool. if only brunton weren't such an infernally fine orator. curse brunton!
half a bottle of claret and a cigar only added to ronnie's depression. alone in the drawing-room where he and aliette had so often sat together, he felt as though, failing lucy towers, he would fail his own woman; as though the fate of lucy and the fate of aliette were one fate; as though, by not saving the one from brunton's hideous cleverness, he would never rescue the other from brunton's hideous obduracy.
brunton! the man's face traced itself, bewigged, implacable, relentless, in every up-curling puff of ronnie's cigar-smoke. behind that face hovered the faces of the jury. and the jury stood for public opinion; public opinion solid on brunton's side. in his fight against lucy towers, as in his fight against his wife, brunton had the world's judgment in his favor: yet both women--"both," repeated conviction--were innocent, at least in intent, of anti-social crime.
a hell of a lot "intent" mattered to hector brunton!
if only hector brunton were dead! if only for aliette's sake, for lucy's sake, he, ronald cavendish, could kill brunton as william towers had been killed! surely that killing would be not murder, but justice. for more than a year brunton, moved only by blind vanity, had been striving to compass the ruin of a woman against whom his only grudge was that she had denied herself to him. now, moved by the same blind motive, he was striving to compass the ruin and the death of lucy towers. between those two women and the tyrant who oppressed them stood but one man. himself--ronald cavendish. surely the killing of brunton would be no murder!
the little mood of madness passed. resolutely ronnie put the personal issue out of mind. resolutely he fetched his papers from his dressing-room and set himself to study the reports of the trial before the magistrate. if only he could discredit brunton's evidence on the question of adultery, surely there was a chance, just the shadow of a chance, to secure the coveted verdict, justifiable homicide.
"but i'd need to be an orator for that," he thought; and all night, tossing sleepless, visions flickered across the taut screen-board of his brain. alternately he saw aliette, lucy, his mother--sad faces, each oppressed, each pleading for deliverance.
yet next morning, as he emerged from temple station and made his way along the embankment to his chambers, ronald cavendish's self-confidence returned. and the self-confidence increased fourfold when bunce, rather shamefaced, handed him yet another scrap of paper.
"found this in our letter-box, sir," said bunce.
deciphered, the sprawly disguised handwriting read: "i seed her in the red lion, hill street, with bill t. time 10:15 pip emma. she's a bitch. i ought to know. i married her."
this time even john cartwright thought the information of value. "though i don't see how you can use it," he said dubiously. "unless standon's people can find this fellow peterson for us."
"i sha'n't need peterson," decided ronnie, as their car swung them down holborn. "he probably has his own reasons for keeping out of the way. a witness from the public-house will be enough. will you send some one down at once? the fourth of july, luckily, is american independence day. some one's sure to remember if towers was there on that particular night, and who was with him."
the solicitor, dropping his passenger at the old bailey, drove off hurriedly.
public interest in the case had not diminished overnight. already the early street crowd numbered hundreds. on the great staircase, on the wide landing, folks seethed and jostled. the packed court-room itself--as the dignified figures of mr. justice heber and his accompanying big-wigs took their seats---was a lake of straining faces.
immediately brunton rose to examine his next witness; a tall black-mustached, black-haired type with flashy rings and a flashy tie-pin, who answered to the name of john hodges.
he was a book-maker, john hodges told the court. he had known bill towers for many years--long before he married. he had often heard the dead man speak of his wife. the dead man had been very fond of his wife; but the affection, according to hodges, had not been reciprocated.
question and answer flowed on. but to ronnie, waiting anxiously for cartwright's return, it seemed as though brunton must be ill. twice the harsh voice missed the sequence of its questions. twice henry smith-assher had need to prompt his leader. and twice, as the examination neared its ending, the gray eyes under the "hanging prosecutor's" gray horsehair deserted their witness to stare, fascinated, at the woman in the dock. lucy towers, it seemed to brunton, stared back at him with his wife's own brown unfathomable pupils.
"you've known the accused ever since she married the deceased?" he asked his witness. "has she ever spoken to you about her husband?"
"only once."
"can you remember what she said?"
"yes. she said that she wished she'd never married him."
"when was that?"
"some time in june."
"can't you fix the exact date?"
"no, not the exact date. it was somewhere about the end of june, i think."
"thank you." heavily hector brunton sat down. all night the face of the woman in the dock had haunted him. and now, now the still, small voice of conscience was whispering again. "cruel," whispered the voice; "cruel." but the sight of cavendish, rising to cross-examine, silenced the voice of conscience, brought back the suspicion that cavendish held some card, some trump-card, up his sleeve. and "even if he gets the charge reduced to manslaughter," thought brunton, "she'll do time. she won't be able to trouble me for years. say seven years."
"mr. hodges"--ronnie's voice recalled his enemy to the actualities,--"when the accused made this statement to you, were there any other people present?"
"yes."
"will you please tell his lordship and the jury who else was present."
"bill towers, of course."
"why 'of course'?"
"well, naturally he wouldn't leave another man alone with his wife."
"he was jealous of her, eh?"
"jealous!" the rings flashed. "i should just about say he was jealous."
"ah!"--ronnie's coins jingled--"and did this jealous husband make any comment on his wife's remark?"
"no."
"wasn't that rather curious? now tell me, did you gather, from the way you allege the accused spoke, that she meant her statement seriously?"
"i thought she was serious."
"oh, you did, did you? please tell me something else. are you prepared to inform his lordship and the jury that your impression at the time was that it was the accused's intention to kill her husband if ever she got the chance?"
"well, i shouldn't like to go so far as, to say that."
"naturally not. now listen." ronnie leaned forward; and his gaze traveled towards the jury. "i put it to you that the remark was meant as a joke."
"well, not exactly a joke."
"come, come, mr. hodges," said ronnie, and his tone was a shade less suave than his words, "you're a man of the world. you must have realized at the time whether the accused was speaking seriously or not.'
"i thought she was serious." the book-maker, though obviously flustered, stuck to his guns.
"very well. we'll leave it at that. the accused told you, in her husband's presence, that she wished she'd never married him. her husband, apparently, didn't take any notice of the remark. but you thought it was serious. not very convincing--but still----"
ronnie's question trailed off into a sarcastic silence. looking sideways at brunton, he could see that brunton was troubled; brunton kept talking to smith-assher, kept fidgeting with his gown and tapes, with the pencils and paper in front of him. the sight gave ronnie confidence. he continued his cross-examination.
"you told my learned friend that, although william towers was very fond of his wife, his affection was not reciprocated. how did you know that? did she tell you?"
"no."
"did william towers tell you?"
"no."
"then who did tell you?"
"well, it was common gossip."
"gossip!" ronnie jumped on the word. "where?"
"oh, all over the place."
"ah!" counsel for the defense jingled two thoughtful coins. "i'm afraid i don't know brixton very well, mr. hodges. tell me, please, when you say all over the place, do you include," more jingling in the trouser-pocket, "a certain public-house called--'the red lion'?"
"well----" the witness hesitated.
"let me put my point clearly. do you know, in brixton, a public-house called 'the red lion'?"
"yes."
"how far is that public-house from 25 laburnum grove?"
"about half a mile."
"shall we say about ten minutes' walk?"
"yes. that's about it."
obviously the judge was puzzled. "mr. cavendish," he intervened, "i'm afraid i don't quite follow."
"m' lord," every syllable of ronnie's fell with its distinct emphasis, "the point is of vital importance in connection with the evidence of a previous witness." and he went on swiftly to ask the book-maker, "do you know a woman called maggie peterson?"
"oh, yes." the white teeth under the black mustache parted in a grin. "oh, yes, i know her quite well."
"mrs. peterson told us in her evidence that she was a friend of the deceased. is that true?"
"oh, yes, they were quite friendly."
"very friendly?"
"yes."
"ah!" ronnie, glancing covertly at the jury, saw a little ripple of excitement pass over the stolid faces of the men. behind him, among the barristers, he could hear excited breathing. "now, just one more question, mr. hodges, and then i have finished with you. have you ever seen mrs. peterson in company with william towers at 'the red lion'?"
"m' lord"--brunton, scruples and caution thrown to the winds, leaped upright,--"i protest at this attempt to cast aspersions----" but mr. justice heber, who had now taken ronnie's point, allowed the question; and john hodges, reluctantly, answered it with a "yes."
the k.c.'s attempt, in re?xamination, to prove the disinterestedness of the book-maker, added to ronnie's elation. if only cartwright succeeded in securing that evidence----
but brunton's examination of the next witness pricked the bubble of his opponent's momentary elation. the "hanging prosecutor" was fighting again, fighting as he had never battled in his life, for a conviction. the gray eyes no longer dared look at the dock; the woman in the dock, thought brunton, was the woman who had wronged him, the creature he must destroy.
"i swear to speak the truth, the whole truth, and nothing but the truth," said james travers, a big blond seafaring man whose square-shouldered bulk almost filled the witness-box. and he spoke the truth according to his lights. a story deadly enough, even without brunton's prompting. he and bob fielding had been shipmates during the war. bob fielding had often spoken to him about his cousin lucy. bob fielding made no secret of the fact that he was in love with his cousin; "that he'd have cut off his right hand rather than that she should marry bill towers." further, james travers had visited bob fielding about three days before the commission of the crime.
"did he, on that visit, speak to you about the deceased?" asked brunton.
"yes."
"what did he say?"
"he said that bill towers ought to be shot."
"did he say anything about mrs. towers?"
"yes, he said that she ought to have some one to look after her."
"did he say she ought to have something to look after herself with?"
despite ronnie's protest at the leading question, his lordship allowed it; and james travers answered, "yes."
"and what happened then?"
"he showed me a pistol."
"a pistol!" brunton signaled to the clerk of the court, and the clerk handed up a revolver to the witness. "is that the pistol?"
"yes."
"was this weapon loaded when you last saw it?"
"it was."
"did fielding make any remark about it?"
"yes. he said: 'that'll cook bill's goose for him.'"
once more the atmosphere of the court grew hostile. watching the jury, bonnie could see that his enemy had almost turned them. impassivity settled like a mask on the faces of the nine men. the two spinsters gazed awe-struck at the big weapon in the seafarer's big hand. even the red-hatted matron, whom he had decided a moment since definitely favorable, shook her head twice as though in new doubt. then, turning from the jury-box to the dock, ronnie was aware of his client's eyes. the eyes--aliette's very own---looked pitiful. imagination told him that they were afraid, that at last the woman realized her danger. he tried to signal to her; but she took no notice of his signal.
"that will be enough, i think," gloated brunton; and, nervously, ronnie started his task of cross-examination.
"you've known robert fielding for some time?"
"about seven years."
"is he, in your opinion, a violent man? the kind of man who would commit a murder?"
"no."
"or," ronnie's nervous voice dropped two full tones, "the sort of man who would incite some one else to commit murder?"
"no."
"when robert fielding told you that he was in love with his cousin--that was a good many years ago, wasn't it?--did you understand that there was anything guilty in that love? that his cousin was his mistress?"
"no. i did not." the sailor's eyes--blue as the barrister's own--kindled.
"as far as you know, had misconduct taken place between robert fielding and his cousin?"
"i don't know anything about that."
"was lucy towers in the room during any part of your conversation with robert fielding?"
"no."
"has robert fielding ever suggested to you, since his cousin's marriage, that he would like to get her away from her husband?"
"no." the witness hesitated. "not exactly."
"what do you mean by 'not exactly'?"
"well, it didn't seem to me that bob'd be exactly sorry if anything happened to towers."
brunton chuckled audibly. the chuckle enraged ronnie. for a question or two he fenced aimlessly with his witness's honesty. then suddenly he decided to try and turn that very honesty against his opponent.
"tell me," he said suavely, "did you gather from the way in which robert fielding habitually spoke of him that the dead man, william towers, was of a very violent disposition?"
"well, more or less i suppose i did."
"and would it be too much if i suggested to you that it was solely because of her husband's violent disposition that robert fielding thought his cousin should have either some one to protect her, or some means of protecting herself? that he had that particular thought in his mind, and that thought only, when he showed you this revolver?"
the sailor seemed to find some difficulty in understanding the suggestions; and even after ronnie had repeated them piecemeal, he refused, sailor-like, to commit himself.
nervously, the cross-examination went on. "now about this revolver: did you gather that robert fielding had only just bought it, or that he had had it in his possession for some considerable time? it's an old-fashioned navy revolver, isn't it?"
"yes."
"he must have had it some time--ever since he left the service, probably?"
"probably."
"he didn't, at any rate, tell you he'd just bought the weapon?"
"no."
"coming back to the question of towers, did fielding tell you anything about his habits?"
"not that i remember."
"he didn't by any chance mention," ronnie referred to a note at the back of his brief, "that william towers was addicted to drink?"
"no. he only said he ought to be shot."
seating himself, ronnie was conscious of partial failure. the sailor-man's innate distrust of lawyers had taken the edge off his questions. brunton, infinitely experienced, limited his re?xamination to the main points: robert fielding had admitted himself in love with his cousin; robert fielding had said that william towers ought to be shot.
ronnie's hands, as he made his notes, trembled on the smooth foolscap. the mute figure in the dock was a reproach. cartwright had failed him. brunton's "that, members of the jury, is the case for the crown," seemed to carry the unworded sting, "and let my learned enemy refute it if he can."
and then, just as lucy towers was being marched down to the cells, came cartwright, his eyes twinkling behind his rimless eye-glasses. "i've got him outside," whispered cartwright, "and i daren't leave him alone. it's too damned important. here's your proof." he disappeared through the swing-doors with the crowd; and ronnie, looking at the scribbled document, read:
"bert bishop will state: i am the licensee of the red lion tavern, hill street, brixton. i remember the fourth of july last year, because it was american independence day, and i have some american customers. on the fourth of july i had difficulty in turning them out at closing-time. i have known maggie peterson for two years. i knew the dead man, william towers. maggie peterson and william towers were at the red lion that night. they came in about eight o'clock, and did not leave till a quarter past ten."
