“I had better,” said he,
“give you a general outline of the case as it
presents itself to the legal mind, and then my client,
Mr. Reuben Hornby, can fill in the details if necessary,
and answer any questions that you may wish to put
to him.
“Mr. Reuben occupies a position
of trust in the business of his uncle, John Hornby,
who is a gold and silver refiner and dealer in precious
metals generally. There is a certain amount of
outside assay work carried on in the establishment,
but the main business consists in the testing and
refining of samples of gold sent from certain mines
in South Africa.
“About five years ago Mr. Reuben
and his cousin Walter another nephew of
John Hornby left school, and both were articled
to their uncle, with the view to their ultimately
becoming partners in the house; and they have remained
with him ever since, occupying, as I have said, positions
of considerable responsibility.
“And now for a few words as
to how business is conducted in Mr. Hornby’s
establishment. The samples of gold are handed
over at the docks to some accredited representative
of the firm generally either Mr. Reuben
or Mr. Walter who has been despatched to
meet the ship, and conveyed either to the bank or
to the works according to circumstances. Of course
every effort is made to have as little gold as possible
on the premises, and the bars are always removed to
the bank at the earliest opportunity; but it happens
unavoidably that samples of considerable value have
often to remain on the premises all night, and so
the works are furnished with a large and powerful
safe or strong room for their reception. This
safe is situated in the private office under the eye
of the principal, and, as an additional precaution,
the caretaker, who acts as night-watchman, occupies
a room directly over the office, and patrols the building
periodically through the night.
“Now a very strange thing has
occurred with regard to this safe. It happens
that one of Mr. Hornby’s customers in South Africa
is interested in a diamond mine, and, although transactions
in precious stones form no part of the business of
the house, he has, from time to time, sent parcels
of rough diamonds addressed to Mr. Hornby, to be either
deposited in the bank or handed on to the diamond brokers.
“A fortnight ago Mr. Hornby
was advised that a parcel of stones had been despatched
by the Elmina Castle, and it appeared that the
parcel was an unusually large one and contained stones
of exceptional size and value. Under these circumstances
Mr. Reuben was sent down to the docks at an early
hour in the hope the ship might arrive in time for
the stones to be lodged in the bank at once.
Unfortunately, however, this was not the case, and
the diamonds had to be taken to the works and locked
up in the safe.”
“Who placed them in the safe?” asked Thorndyke.
“Mr. Hornby himself, to whom
Mr. Reuben delivered up the package on his return
from the docks.” “Yes,” said
Thorndyke, “and what happened next?”
“Well, on the following morning,
when the safe was opened, the diamonds had disappeared.”
“Had the place been broken into?” asked
Thorndyke.
“No. The place was all
locked up as usual, and the caretaker, who had made
his accustomed rounds, had heard nothing, and the safe
was, outwardly, quite undisturbed. It had evidently
been opened with keys and locked again after the stones
were removed.”
“And in whose custody were the
keys of the safe?” inquired Thorndyke.
“Mr. Hornby usually kept the
keys himself, but, on occasions, when he was absent
from the office, he handed them over to one of his
nephews whichever happened to be in charge
at the time. But on this occasion the keys did
not go out of his custody from the time when he locked
up the safe, after depositing the diamonds in it, to
the time when it was opened by him on the following
morning.”
“And was there anything that
tended to throw suspicion upon anyone?” asked
Thorndyke.
“Why, yes,” said Mr. Lawley,
with an uncomfortable glance at his client, “unfortunately
there was. It seemed that the person who abstracted
the diamonds must have cut or scratched his thumb
or finger in some way, for there were two drops of
blood on the bottom of the safe and one or two bloody
smears on a piece of paper, and, in addition, a remarkably
clear imprint of a thumb.” “Also
in blood?” asked Thorndyke.
“Yes. The thumb had apparently
been put down on one of the drops and then, while
still wet with blood, had been pressed on the paper
in taking hold of it or otherwise.”
“Well, and what next?”
“Well,” said the lawyer,
fidgeting in his chair, “to make a long story
short, the thumb-print has been identified as that
of Mr. Reuben Hornby.”
“Ha!” exclaimed Thorndyke.
“The plot thickens with a vengeance. I had
better jot down a few notes before you proceed any
further.”
He took from a drawer a small paper-covered
notebook, on the cover of which he wrote “Reuben
Hornby,” and then, laying the book open on a
blotting-pad, which he rested on his knee, he made
a few brief notes.
“Now,” he said, when he
had finished, “with reference to this thumb-print.
There is no doubt, I suppose, as to the identification?”
“None whatever,” replied
Mr. Lawley. “The Scotland Yard people, of
course, took possession of the paper, which was handed
to the director of the finger-print department for
examination and comparison with those in their collection.
The report of the experts is that the thumb-print
does not agree with any of the thumb-prints of criminals
in their possession; that it is a very peculiar one,
inasmuch as the ridge-pattern on the bulb of the thumb which
is a remarkably distinct and characteristic one is
crossed by the scar of a deep cut, rendering identification
easy and infallible; that it agrees in every respect
with the thumb-print of Mr. Reuben Hornby, and is,
in fact, his thumb-print beyond any possible doubt.”
“Is there any possibility,”
asked Thorndyke, “that the paper bearing the
thumb-print could have been introduced by any person?”
“No,” answered the lawyer.
“It is quite impossible. The paper on which
the mark was found was a leaf from Mr. Hornby’s
memorandum block. He had pencilled on it some
particulars relating to the diamonds, and laid it
on the parcel before he closed up the safe.”
“Was anyone present when Mr.
Hornby opened the safe in the morning?” asked
Thorndyke.
“No, he was alone,” answered
the lawyer. “He saw at a glance that the
diamonds were missing, and then he observed the paper
with the thumb-mark on it, on which he closed and
locked the safe and sent for the police.”
“Is it not rather odd that the
thief did not notice the thumb-mark, since it was
so distinct and conspicuous?”
“No, I think not,” answered
Mr. Lawley. “The paper was lying face downwards
on the bottom of the safe, and it was only when he
picked it up and turned it over that Mr. Hornby discovered
the thumb-print. Apparently the thief had taken
hold of the parcel, with the paper on it, and the
paper had afterwards dropped off and fallen with the
marked surface downwards probably when
the parcel was transferred to the other hand.”
“You mentioned,” said
Thorndyke, “that the experts at Scotland Yard
have identified this thumb-mark as that of Mr. Reuben
Hornby. May I ask how they came to have the opportunity
of making the comparison?”
“Ah!” said Mr. Lawley.
“Thereby hangs a very curious tale of coincidences.
The police, of course, when they found that there was
so simple a means of identification as a thumb-mark,
wished to take thumb-prints of all the employees in
the works; but this Mr. Hornby refused to sanction rather
quixotically, as it seems to me saying that
he would not allow his nephews to be subjected to such
an indignity. Now it was, naturally, these nephews
in whom the police were chiefly interested, seeing
that they alone had had the handling of the keys, and
considerable pressure was brought to bear upon Mr.
Hornby to have the thumb-prints taken.
“However, he was obdurate, scouting
the idea of any suspicion attaching to either of the
gentlemen in whom he had reposed such complete confidence
and whom he had known all their lives, and so the matter
would probably have remained a mystery but for a very
odd circumstance.
“You may have seen on the bookstalls
and in shop windows an appliance called a ‘Thumbograph,’
or some such name, consisting of a small book of blank
paper for collecting the thumb-prints of one’s
friends, together with an inking pad.”
“I have seen those devices of
the Evil One,” said Thorndyke, “in fact,
I have one, which I bought at Charing Cross Station.”
“Well, it seems that some months
ago Mrs. Hornby, the wife of John Hornby, purchased
one of these toys ” “As a matter
of fact,” interrupted Reuben, “it was
my cousin Walter who bought the thing and gave it
to her.”
“Well, that is not material,”
said Mr. Lawley (though I observed that Thorndyke
made a note of the fact in his book); “at any
rate, Mrs. Hornby became possessed of one of these
appliances and proceeded to fill it with the thumb-prints
of her friends, including her two nephews. Now
it happened that the detective in charge of this case
called yesterday at Mr. Hornby’s house when
the latter was absent from home, and took the opportunity
of urging her to induce her husband to consent to have
the thumb-prints of her nephews taken for the inspection
of the experts at Scotland Yard. He pointed out
that the procedure was really necessary, not only
in the interests of justice but in the interests of
the young men themselves, who were regarded with considerable
suspicion by the police, which suspicion would be
completely removed if it could be shown by actual
comparison that the thumb-print could not have been
made by either of them. Moreover, it seemed that
both the young men had expressed their willingness
to have the test applied, but had been forbidden by
their uncle. Then Mrs. Hornby had a brilliant
idea. She suddenly remembered the ‘Thumbograph,’
and thinking to set the question at rest once for
all, fetched the little book and showed it to the
detective. It contained the prints of both thumbs
of Mr. Reuben (among others), and, as the detective
had with him a photograph of the incriminating mark,
the comparison was made then and there; and you may
imagine Mrs. Hornby’s horror and amazement when
it was made clear that the print of her nephew Reuben’s
left thumb corresponded in every particular with the
thumb-print that was found in the safe.
“At this juncture Mr. Hornby
arrived on the scene and was, of course, overwhelmed
with consternation at the turn events had taken.
He would have liked to let the matter drop and make
good the loss of the diamonds out of his own funds,
but, as that would have amounted practically to compounding
a felony, he had no choice but to prosecute. As
a result, a warrant was issued for the arrest of Mr.
Reuben, and was executed this morning, and my client
was taken forthwith to Bow Street and charged with
the robbery.”
“Was any evidence taken?” asked Thorndyke.
“No. Only evidence of arrest.
The prisoner is remanded for a week, bail having been
accepted in two sureties of five hundred pounds each.”
Thorndyke was silent for a space after
the conclusion of the narrative. Like me, he
was evidently not agreeably impressed by the lawyer’s
manner, which seemed to take his client’s guilt
for granted, a position indeed not entirely without
excuse having regard to the circumstances of the case.
“What have you advised your
client to do?” Thorndyke asked presently.
“I have recommended him to plead
guilty and throw himself on the clemency of the court
as a first offender. You must see for yourself
that there is no defence possible.”
The young man flushed crimson, but made no remark.
“But let us be clear how we
stand,” said Thorndyke. “Are we defending
an innocent man or are we endeavouring to obtain a
light sentence for a man who admits that he is guilty?”
Mr. Lawley shrugged his shoulders.
“That question can be best answered by our client
himself,” said he.
Thorndyke directed an inquiring glance at Reuben Hornby,
remarking
“You are not called upon to
incriminate yourself in any way, Mr. Hornby, but I
must know what position you intend to adopt.”
Here I again proposed to withdraw, but Reuben interrupted
me.
“There is no need for you to
go away, Dr. Jervis,” he said. “My
position is that I did not commit this robbery and
that I know nothing whatever about it or about the
thumb-print that was found in the safe. I do not,
of course, expect you to believe me in the face of
the overwhelming evidence against me, but I do, nevertheless,
declare in the most solemn manner before God, that
I am absolutely innocent of this crime and have no
knowledge of it whatever.”
“Then I take it that you did
not plead ’guilty’?” said Thorndyke.
“Certainly not; and I never will,” replied
Reuben hotly.
“You would not be the first
innocent man, by very many, who has entered that plea,”
remarked Mr. Lawley. “It is often the best
policy, when the defence is hopelessly weak.”
“It is a policy that will not
be adopted by me,” rejoined Reuben. “I
may be, and probably shall be, convicted and sentenced,
but I shall continue to maintain my innocence, whatever
happens. Do you think,” he added, turning
to Thorndyke, “that you can undertake my defence
on that assumption?”
“It is the only assumption on
which I should agree to undertake the case,”
replied Thorndyke.
“And if I may ask
the question ” pursued Reuben anxiously,
“do you find it possible to conceive that I
may really be innocent?”
“Certainly I do,” Thorndyke
replied, on which I observed Mr. Lawley’s eyebrows
rise perceptibly. “I am a man of facts,
not an advocate, and if I found it impossible to entertain
the hypothesis of your innocence, I should not be
willing to expend time and energy in searching for
evidence to prove it. Nevertheless,” he
continued, seeing the light of hope break out on the
face of the unfortunate young man, “I must impress
upon you that the case presents enormous difficulties
and that we must be prepared to find them insuperable
in spite of all our efforts.”
“I expect nothing but a conviction,”
replied Reuben in a calm and resolute voice, “and
can face it like a man if only you do not take my
guilt for granted, but give me a chance, no matter
how small, of making a defence.”
“Everything shall be done that
I am capable of doing,” said Thorndyke; “that
I can promise you. The long odds against us are
themselves a spur to endeavour, as far as I am concerned.
And now, let me ask you, have you any cuts or scratches
on your fingers?”
Reuben Hornby held out both his hands
for my colleague’s inspection, and I noticed
that they were powerful and shapely, like the hands
of a skilled craftsman, though faultlessly kept.
Thorndyke set on the table a large condenser such
as is used for microscopic work, and taking his client’s
hand, brought the bright spot of light to bear on each
finger in succession, examining their tips and the
parts around the nails with the aid of a pocket lens.
“A fine, capable hand, this,”
said he, regarding the member approvingly, as he finished
his examination, “but I don’t perceive
any trace of a scar on either the right or left.
Will you go over them, Jervis? The robbery took
place a fortnight ago, so there has been time for a
small cut or scratch to heal and disappear entirely.
Still, the matter is worth noting.”
He handed me the lens and I scrutinised
every part of each hand without being able to detect
the faintest trace of any recent wound.
“There is one other matter that
must be attended to before you go,” said Thorndyke,
pressing the electric bell-push by his chair.
“I will take one or two prints of the left thumb
for my own information.”
In response to the summons, Polton
made his appearance from some lair unknown to me,
but presumably the laboratory, and, having received
his instructions, retired, and presently returned
carrying a box, which he laid on the table. From
this receptacle Thorndyke drew forth a bright copper
plate mounted on a slab of hard wood, a small printer’s
roller, a tube of finger-print ink, and a number of
cards with very white and rather glazed surfaces.
“Now, Mr. Hornby,” said
he, “your hands, I see, are beyond criticism
as to cleanliness, but we will, nevertheless, give
the thumb a final polish.”
Accordingly he proceeded to brush
the bulb of the thumb with a well-soaked badger-hair
nail-brush, and, having rinsed it in water, dried
it with a silk handkerchief, and gave it a final rub
on a piece of chamois leather. The thumb having
been thus prepared, he squeezed out a drop of the
thick ink on to the copper plate and spread it out
with the roller, testing the condition of the film
from time to time by touching the plate with the tip
of his finger and taking an impression on one of the
cards.
When the ink had been rolled out to
the requisite thinness, he took Reuben’s hand
and pressed the thumb lightly but firmly on to the
inked plate; then, transferring the thumb to one of
the cards, which he directed me to hold steady on
the table, he repeated the pressure, when there was
left on the card a beautifully sharp and clear impression
of the bulb of the thumb, the tiny papillary ridges
being shown with microscopic distinctness, and even
the mouths of the sweat glands, which appeared as
rows of little white dots on the black lines of the
ridges. This manoeuvre was repeated a dozen times
on two of the cards, each of which thus received six
impressions. Thorndyke then took one or two rolled
prints, i.e. prints produced by rolling the
thumb first on the inked slab and then on the card,
by which means a much larger portion of the surface
of the thumb was displayed in a single print.
“And now,” said Thorndyke,
“that we may be furnished with all the necessary
means of comparison, we will take an impression in
blood.”
The thumb was accordingly cleansed
and dried afresh, when Thorndyke, having pricked his
own thumb with a needle, squeezed out a good-sized
drop of blood on to a card.
“There,” said he, with
a smile, as he spread the drop out with the needle
into a little shallow pool, “it is not every
lawyer who is willing to shed his blood in the interests
of his client.”
He proceeded to make a dozen prints
as before on two cards, writing a number with his
pencil opposite each print as he made it.
“We are now,” said he,
as he finally cleansed his client’s thumb, “furnished
with the material for a preliminary investigation,
and if you will now give me your address, Mr. Hornby,
we may consider our business concluded for the present.
I must apologise to you, Mr. Lawley, for having detained
you so long with these experiments.”
The lawyer had, in fact, been viewing
the proceedings with hardly concealed impatience,
and he now rose with evident relief that they were
at an end.
“I have been highly interested,”
he said mendaciously, “though I confess I do
not quite fathom your intentions. And, by the
way, I should like to have a few words with you on
another matter, if Mr. Reuben would not mind waiting
for me in the square just a few minutes.”
“Not at all,” said Reuben,
who was, I perceived, in no way deceived by the lawyer’s
pretence. “Don’t hurry on my account;
my time is my own at present.”
He held out his hand to Thorndyke, who grasped it cordially.
“Good-bye, Mr. Hornby,”
said the latter. “Do not be unreasonably
sanguine, but at the same time, do not lose heart.
Keep your wits about you and let me know at once if
anything occurs to you that may have a bearing on
the case.”
The young man then took his leave,
and, as the door closed after him, Mr. Lawley turned
towards Thorndyke.
“I thought I had better have
a word with you alone,” he said, “just
to hear what line you propose to take up, for I confess
that your attitude has puzzled me completely.”
“What line would you propose?” asked Thorndyke.
“Well,” said the lawyer,
with a shrug of his shoulders, “the position
seems to be this: our young friend has stolen
a parcel of diamonds and has been found out; at least,
that is how the matter presents itself to me.”
“That is not how it presents
itself to me,” said Thorndyke drily. “He
may have taken the diamonds or he may not. I have
no means of judging until I have sifted the evidence
and acquired a few more facts. This I hope to
do in the course of the next day or two, and I suggest
that we postpone the consideration of our plan of
campaign until I have seen what line of defence it
is possible to adopt.” “As you will,”
replied the lawyer, taking up his hat, “but
I am afraid you are encouraging the young rogue to
entertain hopes that will only make his fall the harder to
say nothing of our own position. We don’t
want to make ourselves ridiculous in court, you know.”
“I don’t, certainly,”
agreed Thorndyke. “However, I will look
into the matter and communicate with you in the course
of a day or two.”
He stood holding the door open as
the lawyer descended the stairs, and when the footsteps
at length died away, he closed it sharply and turned
to me with an air of annoyance.
“The ‘young rogue,’”
he remarked, “does not appear to me to have been
very happy in his choice of a solicitor. By the
way, Jervis, I understand you are out of employment
just now?”
“That is so,” I answered.
“Would you care to help me as
a matter of business, of course to work
up this case? I have a lot of other work on hand
and your assistance would be of great value to me.”
I said, with great truth, that I should be delighted.
“Then,” said Thorndyke,
“come round to breakfast to-morrow and we will
settle the terms, and you can commence your duties
at once. And now let us light our pipes and finish
our yarns as though agitated clients and thick-headed
solicitors had no existence.”