CHAPTER XXXII
The public interest in the Holymead trial on the second day was evengreater than on the first. It was realised that Kemp's evidence hadgiven an unexpected turn to the proceedings, and that if it could besubstantiated the jury's verdict would be "not guilty." There wereconfident persons who insisted that Kemp's evidence was sufficient toacquit the prisoner. But every one grasped the fact that the Counselfor the prosecution, by his action in applying for an adjournment ofthe cross-examination of Kemp, clearly realised that his case was indanger if the evidence of the first witness for the defence could notbe broken down.
The public appetite for sensation having been whetted by sensationalnewspaper reports of the latest phase of the Riversbrook mystery, therewas a great rush of people to the Old Bailey early on the morning of thesecond day to witness the final stages of the trial. The queue in NewgateStreet commenced to assemble at daybreak, and grew longer and longer asthe day wore on, but it was composed of persons who did not know thatthere was not the slightest possibility of their gaining admittance toNumber One Court. The policeman who was invested with the duty of keepingthe queue close to the wall of the building forbore to break this sadnews to them. Being faithful to the limitations of the official mind, hebelieved that the right thing to do was to let the people in the queuereceive this important information from the sergeant inside. How was heto know without authority from his superior officer that any of thesepeople wanted to be admitted to Number One Court? So the policeman paredhis nails, gallantly "minding" the places of pretty girls in the queuewho, worn out by hours of waiting in the cold, desired to slip away to aneighbouring tea-shop to get a cup of tea before the court opened, andsternly rebuking enterprising youths who endeavoured to wedge themselvesin ahead of their proper place.
The body of the court was packed before the proceedings commenced. Thenumber of ladies present was even greater than on the first day, and theresources of the ushers were severely taxed to find accommodation forthem all. In the back row Crewe noticed Mrs. Holymead, accompanied byMademoiselle Chiron. They had not been in court on the previous day. Mrs.Holymead seemed anxious to escape notice, but Crewe could see thatalthough she looked anxious and distressed, she was buoyed up by a newhope, which doubtless had come to her since Kemp had given his evidence.
There was an expectant silence in the court when Mr. Justice Hodson tookhis seat and the names of the jurymen were called over. Kemp entered thewitness-box with a more confident air than he had worn the previous day.Mr. Walters rose to begin his cross-examination, and the witness facedthe barrister with the air of an old hand who knew the game, and was notto be caught by any legal tricks or traps.
"You said yesterday, witness," commenced Mr. Walters, adjusting hisglasses and glancing from his brief to the witness and from the witnessback to the brief again, "that you saw the prisoner enter the gate atRiversbrook about 9.30 on the night of the 18th of August?"
"Yes." The monosyllable was flung out as insolently as possible. Thespeaker watched his interrogator with the lowering eyes of a man atwar with society, and who realised that he was facing one of hisnatural enemies.
"Did he see you?"
"No."
"You are quite sure of that?"
"Haven't I just said so?"
"Do not be insolent, witness"--it was the judge's warning voice thatbroke into the cross-examination--"answer the questions."
"How long was it after the prisoner entered the carriage drive that youwent to the edge of the plantation and heard voices upstairs?" continuedMr. Walters.
"I went as soon as Mr. Holymead passed me."
"How far were you from the house?"
"About sixty yards."
"And from that distance you could hear the voices?"
"Yes."
"Plainly?"
"Not very. I could hear the voices, but I couldn't hear what theywere saying."
"Were they angry voices?"
"They seemed to me to be talking loudly."
"Yet you couldn't hear what they were saying?"
"No; I was sixty yards away."
"You said in your evidence in chief that the talking continued half anhour. Did you time it?"
"No."
"Then what made you swear that?"
"I said about half an hour. I smoked out a pipeful of tobacco while I wasstanding there, and that would be about half an hour." Kemp disclosed hisbroken teeth in a faint grin.
"What happened next?"
"I heard the front door slam, and I saw somebody walking across thegarden, and go into the carriage drive towards the gate."
"Did you recognise who it was?"
"Yes; Mr. Holymead." Kemp looked at the prisoner as he gave the answer.
"You swear it was the prisoner?"
"I do."
"Let me recall your evidence in chief, witness. You swore that youidentified Mr. Holymead as he went in because he struck a match to lookat the time as he passed you, and you saw his face. Did he strikematches as he went out?"
"No."
"Then how are you able to swear so positively as to his identity inthe dark?"
Kemp considered a moment before replying.
"Because I know him well and I was close to him," he said at length. "Iwas close enough to him almost to touch him. I knew him by his walk, andby the look of him. It was him right enough, I'll swear to that."
"I put it to you, witness," persisted Counsel, "that you could notpositively identify a man in a plantation at that time of night. Do youstill swear it was Mr. Holymead?"
"I do," replied Kemp doggedly.
"What did you do then?"
"I stayed where I was."
"What for?"
"I don't know. I didn't have any particular reason. I just stayed therewatching."
"Did you think the prisoner might return?"
"No," replied the witness quickly. "Why should I think that?"
"How long did you stay watching the house?"
"It might be a matter of ten minutes more."
"And the prisoner didn't return during that time?"
"No," replied the witness emphatically.
"What did you do after that?"
"I went to the Tube station."
"Prisoner might have returned after you left?"
"I suppose he might," replied the witness reluctantly.
"Well, now, witness, you say you stayed ten minutes after Holymead left,and during that time Sir Horace opened the window and leaned out of it?"
"Yes."
"You saw him distinctly?"
"Yes."
"You are sure it was Sir Horace Fewbanks?"
"Yes."
"Now, witness," said Mr. Walters, suddenly changing his tone to one ofmore severity than he had previously used, "you have told us that youheard Sir Horace Fewbanks and the prisoner in the library while you stoodin the wood by the garage, and that subsequently you saw Sir Horaceleaning out of the window after the prisoner had gone. You are quite sureyou were able to see and hear all this from where you stood?"
"Yes."
"Are you aware, witness, that there is a large chestnut-tree at the sideof the library, in front of the window?"
Kemp considered for a moment.
"Yes," he said.
"And did not that tree obstruct your view of the library window?"
"No."
"Witness," said Mr. Walters solemnly, "listen to me. This tree did notobstruct your view when you went to Riversbrook a week or so ago todecide on the nature of the evidence you would give in this court. It isbare of leaves now, and you could see the library window and even seeinto the library from where you stood. But I put it to you that on the18th of August, when this tree was covered with its summer foliage, youcould no more have seen the library window behind its branches than youcould have seen the inhabitants of Mars. What answer have you got tothat, witness?"
There was a slight stir in court--an expression of the feeling of tensionamong the spectators. Kemp drew t
he back of his hand across his lips,then moistened his lips with his tongue.
"Come, witness, give me an answer," thundered prosecuting Counsel.
"I tell you I saw him after Mr. Holymead had left," declared Kempdefiantly. His voice had suddenly become hoarse.
To the surprise of the members of the legal profession who were incourt, Mr. Walters, instead of pressing home his advantage, switched offto something else.
"I believe you have a feeling of gratitude towards the prisoner?" heasked, in a milder tone.
"I have," said Kemp. His defiant, insolent attitude had suddenlyvanished, and he gave the impression of a man who feared that everyquestion contained a trap.
"He did something for a relative of yours which at that time greatlyrelieved your mind?"
"He did, and I'll never forget it."
"Well, we won't go further into that at present. But it is a fact thatyou would like to do him a good turn?"
"Yes."
"You came here with the intention of doing him a good turn?"
Kemp considered for a moment before answering:
"Yes."
"You came here with the intention of giving evidence that wouldget him off?"
"Yes."
"You came here with the intention of committing perjury in order to gethim off?" Mr. Walters waited, but there was no reply to the question, andhe added, "You see what your perjured evidence has done for him?"
"What has it done?" asked Kemp sullenly.
"It has established the prisoner's guilt beyond all reasonable doubt inthe minds of men of common sense. You did not see Sir Horace Fewbanksthat night after the prisoner left him. You could not have seen him evenif he had leaned out of the window. But your whole story is a lie,because Sir Horace was dead when the prisoner left him."
"He was not," shouted Kemp. "I saw him alive. I saw him as plain as Isee you now."
The man in court who was most fascinated by the witness was Crewe. Hehad watched every movement of Kemp's face, every change in the tone ofhis voice.
"I wonder what the fool will say next," whispered InspectorChippenfield to Crewe.
"He will tell us how Sir Horace Fewbanks was shot," was Crewe's reply.
Mr. Walters approached a step nearer to the witness-box. "You saw him asplainly as you see me now?" he repeated.
"Yes," declared Kemp, who, it was evident, was labouring under greatexcitement. "You say I came here to commit perjury if it would get himoff." He pointed with a dramatic finger to the man in the dock. "I did.And I came here to get him off by telling the truth if perjury didn't doit. You say I've helped to put the rope round his neck. But I'm manenough to tell the truth. I'll get him off even if I have to swing forit myself."
This outburst from the witness-box created a sensation in court. Many ofthe spectators stood up in order to get a better view of the witness, andsome of the ladies even jumped on their seats. Mr. Justice Hodson wasmomentarily taken aback. His first instinct was to check the witness andto ask him to be calm, but the witness took no notice of him. Hedisplayed his judicial authority by an impressive descent of an upliftedhand which compelled the unruly spectators to resume their seats.
It was on Mr. Walters that Kemp concentrated his attention. It was Mr.Walters whom he set himself to convince as if he were the man who couldset the prisoner free. Of the rest of the people in court Kemp in hisexcitement had become oblivious.
"Listen to me," said Kemp, "and I'll tell you who shot this scoundrel. Hewas a scoundrel, I say, and he ought to have been in gaol himself insteadof sending other people there. I went up to the house that night to seeif everything was clear, or whether that cur Hill had laid a trap--thatpart of my evidence is true. And from behind a tree in the plantation Isaw Mr. Holymead pass me--he struck a match to look at the time, and Isaw his face distinctly. A few minutes afterwards I heard loud, angryvoices coming from somewhere upstairs in the house. I thought the bestthing I could do was to find out what it was about. I said to myself thatMr. Holymead might want help. I walked across the garden and found thatthe hall door was wide open. I went inside and crept upstairs to thelibrary. The light in the hall was turned on, as well as a little lamp onthe turn of the staircase behind a marble figure holding some curtains,which led the way to the library. The library door was open an inch ortwo, and I listened.
"I could hear them quite plainly. Mr. Holymead was telling him what hethought of him. And no wonder. It made my blood boil to think of such ascoundrel sitting on the bench and sentencing better men than himself. Ithought of the way in which he had killed my girl by giving her fiveyears. It was the shock that killed her. Five years for stealingnothing, for she didn't handle the jewels. And here he had been stealinga man's wife and nothing said except what Mr. Holymead called him. Istood there listening in case they started to fight, and I might bewanted. But they didn't.
"I heard Mr. Holymead step towards the door, and I slipped away fromwhere I had been standing. I saw the door of another room near me, and Iopened it and went in quickly. I closed the door behind me, but I did notshut it. I looked through the crack and saw Mr. Holymead making his waydownstairs. He walked as if he didn't see anything, and I watched himtill he went through the curtains on the stairs at the bend of thestaircase and I could see him no more.
"Then I heard a step, and looking through the crack I saw the judgecoming out of the library. He walked to the head of the stairs and beganto walk slowly down them. But when he reached the bend where the curtainsand the marble figure were, he turned round and walked up the stairsagain. He walked along as though he was thinking, with his hands behindhis back, and nodding his head a little, and a little cruel, crafty smileon his face. He passed so close to me that I could have touched him byputting out my hand, and he went into the library again, leaving the dooropen behind him.
"Then suddenly, as I stood there, the thought came over me to go in tohim and tell him what I thought about him. I opened the door softly so asnot to frighten him, and walked out into the passage and into thelibrary, and as I did so I took my revolver out of my pocket and carriedit in my hand. I wasn't going to shoot him, but I meant to hold him upwhile I told him the truth.
"He was standing at the opposite side of the room with his back towardsme and a book in his hand, but a board creaked as I stepped on it, and heswung round quickly. He was surprised to see me, and no mistake. 'What doyou want here?' he said, in a sharp voice, and I could see by the way heeyed the revolver that he was frightened. Then I opened out on him andtold him off for the damned scoundrel he was. And he didn't like thateither. He edged away to a corner, but I kept following him round theroom telling him what I thought of him. And seeing him so frightened, Iput the revolver back in my pocket and walked close to him while I toldhim all the things I could think of.
"As I thought of my poor girl that he'd killed I grew savage, and I toldhim that I had a good mind to break every bone in his body. He threatenedto have me arrested for breaking into the place, but I only laughed andhit him across the face. He backed away from me with a wicked look in hiseyes, and I followed him. He backed quickly towards the door, and beforeI knew what game he was up to he made a dart out of the room. But I wastoo quick for him. I got him at the head of the stairs and dragged himback into the room and shut the door and stood with my back against it.I told him I hadn't finished with him. I had mastered him so quickly, andwas able to handle him so easily, that I didn't watch him as closely as Iought to have done. He had backed away to his desk with his hand behindhim, and suddenly he brought it up with a revolver in his hand.
"'Now it's my turn,' he said to me with his cunning smile. Throw upyour hands.'
"I saw then it was man for man. If I let him take me I was in for agood seven years. I'd sooner be dead than do seven years for him.'Shoot and be damned,' I said. I ducked as I spoke, and as I ducked Imade a dive with my hand for my hip pocket where I had put my revolver.He fired and missed. He fired again, but his toy revolver missed fire,for I heard the hammer click. But that
was his last chance. I fired athis heart and he dropped beside the desk, I didn't wait for anythingmore--I bolted. I got tangled in the staircase curtains and fell downthe stairs. As I was falling I thought what a nice trap I would be inif I broke my leg and had to lie there until the police came. But Iwasn't much hurt and I got up and dashed out of the house and over thefence into the wood, the way I came."
He stopped, and his gaze wandered round the hushed court till it restedon the prisoner, who with his hands grasping the rail of the dock hadleaned forward in order to catch every word. Kemp turned his gaze fromthe man in the dock to the man in the scarlet robe on the bench, and itwas to the judge that he addressed his concluding words.
"You can call it murder, you can call it manslaughter, you can call itjustifiable homicide, you can call it what you like, but what I say isthat the man you have in the dock had nothing to do with it. It was methat killed him. Let him go, and put me in his place."
He held his hands outstretched with the wrists together as though waitingfor the handcuffs to be placed on them.