CHAPTER VIII
THE CAPITAL CHARGE
"The police, it appears, instinctively feeling that some mystery lurkedround the death of the bookmaker and his supposed murderer's quietprotestations of innocence, had taken a very considerable amount oftrouble in collecting all the evidence they could for the inquest whichmight throw some light upon Charles Lavender's life, previous to histragic end. Thus it was that a very large array of witnesses was broughtbefore the coroner, chief among whom was, of course, Lord ArthurSkelmerton.
"The first witnesses called were the two constables, who deposed that,just as the church clocks in the neighbourhood were striking eleven,they had heard the cries for help, had ridden to the spot whence thesounds proceeded, and had found the prisoner in the tight grasp of LordArthur Skelmerton, who at once accused the man of murder, and gave himin charge. Both constables gave the same version of the incident, andboth were positive as to the time when it occurred.
"Medical evidence went to prove that the deceased had been stabbed frombehind between the shoulder-blades whilst he was walking, that the woundwas inflicted by a large hunting knife, which was produced, and whichhad been left sticking in the wound.
"Lord Arthur Skelmerton was then called and substantially repeated whathe had already told the constables. He stated, namely, that on the nightin question he had some gentlemen friends to dinner, and afterwardsbridge was played. He himself was not playing much, and at a few minutesbefore eleven he strolled out with a cigar as far as the pavilion at theend of his garden; he then heard the voices, the cry and the groanpreviously described by him, and managed to hold the murderer down untilthe arrival of the constables.
"At this point the police proposed to call a witness, James Terry byname and a bookmaker by profession, who had been chiefly instrumental inidentifying the deceased, a 'pal' of his. It was his evidence whichfirst introduced that element of sensation into the case whichculminated in the wildly exciting arrest of a Duke's son upon a capitalcharge.
"It appears that on the evening after the Ebor, Terry and Lavender werein the bar of the Black Swan Hotel having drinks.
"'I had done pretty well over Peppercorn's fiasco,' he explained, 'butpoor old Lavender was very much down in the dumps; he had held only afew very small bets against the favourite, and the rest of the day hadbeen a poor one with him. I asked him if he had any bets with the ownerof Peppercorn, and he told me that he only held one for less than L500.
"'I laughed and said that if he held one for L5000 it would make nodifference, as from what I had heard from the other fellows, Lord ArthurSkelmerton must be about stumped. Lavender seemed terribly put out atthis, and swore he would get that L500 out of Lord Arthur, if no oneelse got another penny from him.
"'It's the only money I've made to-day,' he says to me. 'I mean to getit.'
"'You won't,' I says.
"'I will,' he says.
"'You will have to look pretty sharp about it then,' I says, 'for everyone will be wanting to get something, and first come first served.'
"'Oh! He'll serve me right enough, never you mind!' says Lavender to mewith a laugh. 'If he don't pay up willingly, I've got that in my pocketwhich will make him sit up and open my lady's eyes and Sir John Etty'stoo about their precious noble lord.'
"'Then he seemed to think he had gone too far, and wouldn't say anythingmore to me about that affair. I saw him on the course the next day. Iasked him if he had got his L500. He said: "No, but I shall get itto-day."'
"Lord Arthur Skelmerton, after having given his own evidence, had leftthe court; it was therefore impossible to know how he would take thisaccount, which threw so serious a light upon an association with thedead man, of which he himself had said nothing.
"Nothing could shake James Terry's account of the facts he had placedbefore the jury, and when the police informed the coroner that theyproposed to place George Higgins himself in the witness-box, as hisevidence would prove, as it were, a complement and corollary of that ofTerry, the jury very eagerly assented.
"If James Terry, the bookmaker, loud, florid, vulgar, was anunprepossessing individual, certainly George Higgins, who was stillunder the accusation of murder, was ten thousand times more so.
"None too clean, slouchy, obsequious yet insolent, he was the verypersonification of the cad who haunts the racecourse and who lives notso much by his own wits as by the lack of them in others. He describedhimself as a turf commission agent, whatever that may be.
"He stated that at about six o'clock on the Friday afternoon, when theracecourse was still full of people, all hurrying after the day'sexcitements, he himself happened to be standing close to the hedge whichmarks the boundary of Lord Arthur Skelmerton's grounds. There is apavilion there at the end of the garden, he explained, on slightlyelevated ground, and he could hear and see a group of ladies andgentlemen having tea. Some steps lead down a little to the left of thegarden on to the course, and presently he noticed at the bottom of thesesteps Lord Arthur Skelmerton and Charles Lavender standing talkingtogether. He knew both gentlemen by sight, but he could not see themvery well as they were both partly hidden by the hedge. He was quitesure that the gentlemen had not seen him, and he could not helpoverhearing some of their conversation.
"'That's my last word, Lavender,' Lord Arthur was saying very quietly.'I haven't got the money and I can't pay you now. You'll have to wait.'
"'Wait? I can't wait,' said old Lavender in reply. 'I've got myengagements to meet, same as you. I'm not going to risk being posted upas a defaulter while you hold L500 of my money. You'd better give it menow or--'
"But Lord Arthur interrupted him very quietly, and said:
"'Yes, my good man.... or?'
"'Or I'll let Sir John have a good look at that little bill I had ofyours a couple of years ago. If you'll remember, my lord, it has got atthe bottom of it Sir John's signature in _your_ handwriting. PerhapsSir John, or perhaps my lady, would pay me something for that littlebill. If not, the police can have a squint at it. I've held my tonguelong enough, and--'
"'Look here, Lavender,' said Lord Arthur, 'do you know what this littlegame of yours is called in law?'
"'Yes, and I don't care,' says Lavender. 'If I don't have that L500 I ama ruined man. If you ruin me I'll do for you, and we shall be quits.That's my last word.'
"He was talking very loudly, and I thought some of Lord Arthur's friendsup in the pavilion must have heard. He thought so, too, I think, for hesaid quickly:
"'If you don't hold your confounded tongue, I'll give you in charge forblackmail this instant.'
"'You wouldn't dare,' says Lavender, and he began to laugh. But justthen a lady from the top of the steps said: 'Your tea is getting cold,'and Lord Arthur turned to go; but just before he went Lavender says tohim: 'I'll come back to-night. You'll have the money then.'
"George Higgins, it appears, after he had heard this interestingconversation, pondered as to whether he could not turn what he knew intosome sort of profit. Being a gentleman who lives entirely by his wits,this type of knowledge forms his chief source of income. As apreliminary to future moves, he decided not to lose sight of Lavenderfor the rest of the day.
"'Lavender went and had dinner at The Black Swan,' explained Mr. GeorgeHiggins, 'and I, after I had had a bite myself, waited outside till Isaw him come out. At about ten o'clock I was rewarded for my trouble. Hetold the hall porter to get him a fly and he jumped into it. I could nothear what direction he gave the driver, but the fly certainly drove offtowards the racecourse.
"'Now, I was interested in this little affair,' continued the witness,'and I couldn't afford a fly. I started to run. Of course, I couldn'tkeep up with it, but I thought I knew which way my gentleman had gone. Imade straight for the racecourse, and for the hedge at the bottom ofLord Arthur Skelmerton's grounds.
"'It was rather a dark night and there was a slight drizzle. I couldn'tsee more than about a hundred yards before me. All at once it seemed tome as if I heard Lavender's voice talking loudly in the
distance. Ihurried forward, and suddenly saw a group of two figures--mere blurs inthe darkness--for one instant, at a distance of about fifty yards fromwhere I was.
"'The next moment one figure had fallen forward and the other haddisappeared. I ran to the spot, only to find the body of the murderedman lying on the ground. I stooped to see if I could be of any use tohim, and immediately I was collared from behind by Lord Arthurhimself.'
"You may imagine," said the man in the corner, "how keen was theexcitement of that moment in court. Coroner and jury alike literallyhung breathless on every word that shabby, vulgar individual uttered.You see, by itself his evidence would have been worth very little, butcoming on the top of that given by James Terry, its significance--more,its truth--had become glaringly apparent. Closely cross-examined, headhered strictly to his statement; and having finished his evidence,George Higgins remained in charge of the constables, and the nextwitness of importance was called up.
"This was Mr. Chipps, the senior footman in the employment of LordArthur Skelmerton. He deposed that at about 10.30 on the Friday eveninga 'party' drove up to 'The Elms' in a fly, and asked to see Lord Arthur.On being told that his lordship had company he seemed terribly put out.
"'I hasked the party to give me 'is card,' continued Mr. Chipps, 'as Ididn't know, perhaps, that 'is lordship might wish to see 'im, but Ikept 'im standing at the 'all door, as I didn't altogether like hislooks. I took the card in. His lordship and the gentlemen was playin'cards in the smoking-room, and as soon as I could do so withoutdisturbing 'is lordship, I give him the party's card.'
"'What name was there on the card?' here interrupted the coroner.
"'I couldn't say now, sir,' replied Mr. Chipps; 'I don't reallyremember. It was a name I had never seen before. But I see so manyvisiting cards one way and the other in 'is lordship's 'all that I can'tremember all the names.'
"'Then, after a few minutes' waiting, you gave his lordship the card?What happened then?'
"''Is lordship didn't seem at all pleased,' said Mr. Chipps with muchguarded dignity; 'but finally he said: "Show him into the library,Chipps, I'll see him," and he got up from the card table, saying to thegentlemen: "Go on without me; I'll be back in a minute or two."
"'I was about to open the door for 'is lordship when my lady came intothe room, and then his lordship suddenly changed his mind like, and saidto me: "Tell that man I'm busy and can't see him," and 'e sat down againat the card table. I went back to the 'all, and told the party 'islordship wouldn't see 'im. 'E said: "Oh! it doesn't matter," and wentaway quite quiet like.'
"'Do you recollect at all at what time that was?' asked one of the jury.
"'Yes, sir, while I was waiting to speak to 'is lordship I looked atthe clock, sir; it was twenty past ten, sir.'
"There was one more significant fact in connection with the case, whichtended still more to excite the curiosity of the public at the time, andstill further to bewilder the police later on, and that fact wasmentioned by Chipps in his evidence. The knife, namely, with whichCharles Lavender had been stabbed, and which, remember, had been left inthe wound, was now produced in court. After a little hesitation Chippsidentified it as the property of his master, Lord Arthur Skelmerton.
"Can you wonder, then, that the jury absolutely refused to bring in averdict against George Higgins? There was really, beyond Lord ArthurSkelmerton's testimony, not one particle of evidence against him,whilst, as the day wore on and witness after witness was called up,suspicion ripened in the minds of all those present that the murderercould be no other than Lord Arthur Skelmerton himself.
"The knife was, of course, the strongest piece of circumstantialevidence, and no doubt the police hoped to collect a great deal more nowthat they held a clue in their hands. Directly after the verdict,therefore, which was guardedly directed against some person unknown, thepolice obtained a warrant and later on arrested Lord Arthur in his ownhouse."
"The sensation, of course, was tremendous. Hours before he was broughtup before the magistrate the approach to the court was thronged. Hisfriends, mostly ladies, were all eager, you see, to watch the dashingsociety man in so terrible a position. There was universal sympathy forLady Arthur, who was in a very precarious state of health. Her worshipof her worthless husband was well known; small wonder that his final andawful misdeed had practically broken her heart. The latest bulletinissued just after his arrest stated that her ladyship was not expectedto live. She was then in a comatose condition, and all hope had perforceto be abandoned.
"At last the prisoner was brought in. He looked very pale, perhaps, butotherwise kept up the bearing of a high-bred gentleman. He wasaccompanied by his solicitor, Sir Marmaduke Ingersoll, who was evidentlytalking to him in quiet, reassuring tones.
"Mr. Buchanan prosecuted for the Treasury, and certainly his indictmentwas terrific. According to him but one decision could be arrived at,namely, that the accused in the dock had, in a moment of passion, andperhaps of fear, killed the blackmailer who threatened him withdisclosures which might for ever have ruined him socially, and, havingcommitted the deed and fearing its consequences, probably realizing thatthe patrolling constables might catch sight of his retreating figure,he had availed himself of George Higgins's presence on the spot toloudly accuse him of the murder.
"Having concluded his able speech, Mr. Buchanan called his witnesses,and the evidence, which on second hearing seemed more damning than ever,was all gone through again.
"Sir Marmaduke had no question to ask of the witnesses for theprosecution; he stared at them placidly through his gold-rimmedspectacles. Then he was ready to call his own for the defence. ColonelMcIntosh, R.A., was the first. He was present at the bachelors' partygiven by Lord Arthur the night of the murder. His evidence tended atfirst to corroborate that of Chipps the footman with regard to LordArthur's orders to show the visitor into the library, and hiscounter-order as soon as his wife came into the room.
"'Did you not think it strange, Colonel?' asked Mr. Buchanan, 'that LordArthur should so suddenly have changed his mind about seeing hisvisitor?'
"'Well, not exactly strange,' said the Colonel, a fine, manly, soldierlyfigure who looked curiously out of his element in the witness-box. 'Idon't think that it is a very rare occurrence for racing men to havecertain acquaintances whom they would not wish their wives to knowanything about.'
"'Then it did not strike you that Lord Arthur Skelmerton had somereason for not wishing his wife to know of that particular visitor'spresence in his house?'
"'I don't think that I gave the matter the slightest seriousconsideration,' was the Colonel's guarded reply.
"Mr. Buchanan did not press the point, and allowed the witness toconclude his statements.
"'I had finished my turn at bridge,' he said, 'and went out into thegarden to smoke a cigar. Lord Arthur Skelmerton joined me a few minuteslater, and we were sitting in the pavilion when I heard a loud and, as Ithought, threatening voice from the other side of the hedge.
"'I did not catch the words, but Lord Arthur said to me: "There seems tobe a row down there. I'll go and have a look and see what it is." Itried to dissuade him, and certainly made no attempt to follow him, butnot more than half a minute could have elapsed before I heard a cry anda groan, then Lord Arthur's footsteps hurrying down the wooden stairswhich lead on to the racecourse.'
"You may imagine," said the man in the corner, "what severecross-examination the gallant Colonel had to undergo in order that hisassertions might in some way be shaken by the prosecution, but withmilitary precision and frigid calm he repeated his important statementsamidst a general silence, through which you could have heard theproverbial pin.
"He had heard the threatening voice _while_ sitting with Lord ArthurSkelmerton; then came the cry and groan, and, _after that_, LordArthur's steps down the stairs. He himself thought of following to seewhat had happened, but it was a very dark night and he did not know thegrounds very well. While trying to find his way to the garden steps heheard Lord Arthur's cry for help, the
tramp of the patrollingconstables' horses, and subsequently the whole scene between LordArthur, the man Higgins, and the constables. When he finally found hisway to the stairs, Lord Arthur was returning in order to send a groomfor police assistance.
"The witness stuck to his points as he had to his guns at Beckfontein ayear ago; nothing could shake him, and Sir Marmaduke looked triumphantlyacross at his opposing colleague.
"With the gallant Colonel's statements the edifice of the prosecutioncertainly began to collapse. You see, there was not a particle ofevidence to show that the accused had met and spoken to the deceasedafter the latter's visit at the front door of 'The Elms.' He told Chippsthat he wouldn't see the visitor, and Chipps went into the hall directlyand showed Lavender out the way he came. No assignation could have beenmade, no hint could have been given by the murdered man to Lord Arthurthat he would go round to the back entrance and wished to see him there.
"Two other guests of Lord Arthur's swore positively that after Chippshad announced the visitor, their host stayed at the card-table until aquarter to eleven, when evidently he went out to join Colonel McIntoshin the garden. Sir Marmaduke's speech was clever in the extreme. Bit bybit he demolished that tower of strength, the case against the accused,basing his defence entirely upon the evidence of Lord ArthurSkelmerton's guests that night.
"Until 10.45 Lord Arthur was playing cards; a quarter of an hour laterthe police were on the scene, and the murder had been committed. In themeanwhile Colonel McIntosh's evidence proved conclusively that theaccused had been sitting with him, smoking a cigar. It was obvious,therefore, clear as daylight, concluded the great lawyer, that hisclient was entitled to a full discharge; nay, more, he thought that thepolice should have been more careful before they harrowed up publicfeeling by arresting a high-born gentleman on such insufficient evidenceas they had brought forward.
"The question of the knife remained certainly, but Sir Marmaduke passedover it with guarded eloquence, placing that strange question in thecategory of those inexplicable coincidences which tend to puzzle theablest detectives, and cause them to commit such unpardonable blundersas the present one had been. After all, the footman may have beenmistaken. The pattern of that knife was not an exclusive one, and he, onbehalf of his client, flatly denied that it had ever belonged to him.
"Well," continued the man in the corner, with the chuckle peculiar tohim in moments of excitement, "the noble prisoner was discharged.Perhaps it would be invidious to say that he left the court without astain on his character, for I daresay you know from experience that thecrime known as the York Mystery has never been satisfactorily clearedup.
"Many people shook their heads dubiously when they remembered that,after all, Charles Lavender was killed with a knife which one witnesshad sworn belonged to Lord Arthur; others, again, reverted to theoriginal theory that George Higgins was the murderer, that he and JamesTerry had concocted the story of Lavender's attempt at blackmail on LordArthur, and that the murder had been committed for the sole purpose ofrobbery.
"Be that as it may, the police have not so far been able to collectsufficient evidence against Higgins or Terry, and the crime has beenclassed by press and public alike in the category of so-calledimpenetrable mysteries."