Thorndyke’s hint as to the possible
danger foreshadowed by my growing intimacy with Juliet
Gibson had come upon me as a complete surprise, and
had, indeed, been resented by me as somewhat of an
impertinence. Nevertheless, it gave me considerable
food for meditation, and I presently began to suspect
that the watchful eyes of my observant friend might
have detected something in my manner towards Miss Gibson
suggestive of sentiments that had been unsuspected
by myself.
Of course it would be absurd to suppose
that any real feeling could have been engendered by
so ridiculously brief an acquaintance. I had only
met the girl three times, and even now, excepting
for business relations, was hardly entitled to more
than a bow of recognition. But yet, when I considered
the matter impartially and examined my own consciousness,
I could not but recognise that she had aroused in
me an interest which bore no relation to the part
that she had played in the drama that was so slowly
unfolding. She was undeniably a very handsome
girl, and her beauty was of a type that specially
appealed to me full of dignity and character
that gave promise of a splendid middle age. And
her personality was in other ways not less attractive,
for she was frank and open, sprightly and intelligent,
and though evidently quite self-reliant, was in nowise
lacking in that womanly softness that so strongly
engages a man’s sympathy.
In short, I realised that, had there
been no such person as Reuben Hornby, I should have
viewed Miss Gibson with uncommon interest.
But, unfortunately, Reuben Hornby
was a most palpable reality, and, moreover, the extraordinary
difficulties of his position entitled him to very
special consideration by any man of honour. It
was true that Miss Gibson had repudiated any feelings
towards Reuben other than those of old-time friendship;
but young ladies are not always impartial judges of
their own feelings, and, as a man of the world, I could
not but have my own opinion on the matter which
opinion I believed to be shared by Thorndyke.
The conclusions to which my cogitations at length
brought me were: first, that I was an egotistical
donkey, and, second, that my relations with Miss Gibson
were of an exclusively business character and must
in future be conducted on that basis, with the added
consideration that I was the confidential agent, for
the time being, of Reuben Hornby, and in honour bound
to regard his interests as paramount.
“I am hoping,” said Thorndyke,
as he held out his hand for my teacup, “that
these profound reflections of yours are connected with
the Hornby affair; in which case I should expect to
hear that the riddle is solved and the mystery made
plain.”
“Why should you expect that?”
I demanded, reddening somewhat, I suspect, as I met
his twinkling eye. There was something rather
disturbing in the dry, quizzical smile that I encountered
and the reflection that I had been under observation,
and I felt as much embarrassed as I should suppose
a self-conscious water-flea might feel on finding itself
on the illuminated stage of a binocular microscope.
“My dear fellow,” said
Thorndyke, “you have not spoken a word for the
last quarter of an hour; you have devoured your food
with the relentless regularity of a sausage-machine,
and you have, from time to time, made the most damnable
faces at the coffee-pot though there I’ll
wager the coffee-pot was even with you, if I may judge
by the presentment that it offers of my own countenance.”
I roused myself from my reverie with
a laugh at Thorndyke’s quaint conceit and a
glance at the grotesquely distorted reflection of my
face in the polished silver.
“I am afraid I have been
a rather dull companion this morning,” I admitted
apologetically.
“By no means,” replied
Thorndyke, with a grin. “On the contrary,
I have found you both amusing and instructive, and
I only spoke when I had exhausted your potentialities
as a silent entertainer.”
“You are pleased to be facetious at my expense,”
said I.
“Well, the expense was not a
very heavy one,” he retorted. “I have
been merely consuming a by-product of your mental
activity Hallo! that’s Anstey already.”
A peculiar knock, apparently delivered
with the handle of a walking-stick on the outer door,
was the occasion of this exclamation, and as Thorndyke
sprang up and flung the door open, a clear, musical
voice was borne in, the measured cadences of which
proclaimed at once the trained orator.
“Hail, learned brother!”
it exclaimed. “Do I disturb you untimely
at your studies?” Here our visitor entered the
room and looked round critically. “’Tis
even so,” he declared. “Physiological
chemistry and its practical applications appears to
be the subject. A physico-chemical inquiry into
the properties of streaky bacon and fried eggs.
Do I see another learned brother?”
He peered keenly at me through his
pince-nez, and I gazed at him in some embarrassment.
“This is my friend Jervis, of
whom you have heard me speak,” said Thorndyke.
“He is with us in this case, you know.”
“The echoes of your fame have
reached me, sir,” said Anstey, holding out his
hand. “I am proud to know you. I should
have recognised you instantly from the portrait of
your lamented uncle in Greenwich Hospital.”
“Anstey is a wag, you understand,”
explained Thorndyke, “but he has lucid intervals.
He’ll have one presently if we are patient.”
“Patient!” snorted our
eccentric visitor, “it is I who need to be patient
when I am dragged into police courts and other sinks
of iniquity to plead for common thieves and robbers
like a Kennington Lane advocate.”
“You’ve been talking to Lawley, I see,”
said Thorndyke.
“Yes, and he tells me that we haven’t
a leg to stand upon.”
“No, we’ve got to stand
on our heads, as men of intellect should. But
Lawley knows nothing about the case.”
“He thinks he knows it all,” said Anstey.
“Most fools do,” retorted
Thorndyke. “They arrive at their knowledge
by intuition a deuced easy road and cheap
travelling too. We reserve our defence I
suppose you agree to that?”
“I suppose so. The magistrate
is sure to commit unless you have an unquestionable
alibi.”
“We shall put in an alibi,
but we are not depending on it.”
“Then we had better reserve
our defence,” said Anstey; “and it is time
that we wended on our pilgrimage, for we are due at
Lawley’s at half-past ten. Is Jervis coming
with us?”
“Yes, you’d better come,”
said Thorndyke. “It’s the adjourned
hearing of poor Hornby’s case, you know.
There won’t be anything done on our side, but
we may be able to glean some hint from the prosecution.”
“I should like to hear what
takes place, at any rate,” I said, and we accordingly
sallied forth together in the direction of Lincoln’s
Inn, on the north side of which Mr. Lawley’s
office was situated.
“Ah!” said the solicitor,
as we entered, “I am glad you’ve come;
I was getting anxious it doesn’t
do to be late on these occasions, you know. Let
me see, do you know Mr. Walter Hornby? I don’t
think you do.” He presented Thorndyke and
me to our client’s cousin, and as we shook hands,
we viewed one another with a good deal of mutual interest.
“I have heard about you from
my aunt,” said he, addressing himself more particularly
to me. “She appears to regard you as a kind
of legal Maskelyne and Cooke. I hope, for my
cousin’s sake, that you will be able to work
the wonders that she anticipates. Poor old fellow!
He looks pretty bad, doesn’t he?”
I glanced at Reuben, who was at the
moment talking to Thorndyke, and as he caught my eye
he held out his hand with a warmth that I found very
pathetic. He seemed to have aged since I had last
seen him, and was pale and rather thinner, but he
was composed in his manner and seemed to me to be
taking his trouble very well on the whole.
“Cab’s at the door, sir,” a clerk
announced.
“Cab,” repeated Mr. Lawley,
looking dubiously at me; “we want an omnibus.”
“Dr. Jervis and I can walk,”
Walter Hornby suggested. “We shall probably
get there as soon as you, and it doesn’t matter
if we don’t.”
“Yes, that will do,” said
Mr. Lawley; “you two walk down together.
Now let us go.”
We trooped out on to the pavement,
beside which a four-wheeler was drawn up, and as the
others were entering the cab, Thorndyke stood close
beside me for a moment.
“Don’t let him pump you,”
he said in a low voice, without looking at me; then
he sprang into the cab and slammed the door.
“What an extraordinary affair
this is,” Walter Hornby remarked, after we had
been walking in silence for a minute or two; “a
most ghastly business. I must confess that I
can make neither head nor tail of it.”
“How is that?” I asked.
“Why, do you see, there are
apparently only two possible theories of the crime,
and each of them seems to be unthinkable. On the
one hand there is Reuben, a man of the most scrupulous
honour, as far as my experience of him goes, committing
a mean and sordid theft for which no motive can be
discovered for he is not poor, nor pecuniarily
embarrassed nor in the smallest degree avaricious.
On the other hand, there is this thumb-print, which,
in the opinion of the experts, is tantamount to the
evidence of an eye-witness that he did commit the theft.
It is positively bewildering. Don’t you
think so?”
“As you put it,” I answered,
“the case is extraordinarily puzzling.”
“But how else would you put
it?” he demanded, with ill-concealed eagerness.
“I mean that, if Reuben is the
man you believe him to be, the thing is incomprehensible.”
“Quite so,” he agreed,
though he was evidently disappointed at my colourless
answer.
He walked on silently for a few minutes
and then said: “I suppose it would not
be fair to ask if you see any way out of the difficulty?
We are all, naturaly anxious about the upshot of the
affair, seeing what poor old Reuben’s position
is.”
“Naturally. But the fact
is that I know no more than you do, and as to Thorndyke,
you might as well cross-examine a Whitstable native
as put questions to him.”
“Yes, so I gathered from Juliet.
But I thought you might have gleaned some notion of
the line of defence from your work in the laboratory the
microscopical and photographic work I mean.”
“I was never in the laboratory
until last night, when Thorndyke took me there with
your aunt and Miss Gibson; the work there is done by
the laboratory assistant, and his knowledge of the
case, I should say, is about as great as a type-founder’s
knowledge of the books that he is helping to produce.
No; Thorndyke is a man who plays a single-handed game
and no one knows what cards he holds until he lays
them on the table.”
My companion considered this statement
in silence while I congratulated myself on having
parried, with great adroitness, a rather inconvenient
question. But the time was not far distant when
I should have occasion to reproach myself bitterly
for having been so explicit and emphatic.
“My uncle’s condition,”
Walter resumed after a pause, “is a pretty miserable
one at present, with this horrible affair added to
his own personal worries.”
“Has he any special trouble besides this, then?”
I asked.
“Why, haven’t you heard?
I thought you knew about it, or I shouldn’t
have spoken not that it is in any way a
secret, seeing that it is public property in the city.
The fact is that his financial affairs are a little
entangled just now.”
“Indeed!” I exclaimed,
considerably startled by this new development.
“Yes, things have taken a rather
awkward turn, though I think he will pull through
all right. It is the usual thing, you know investments,
or perhaps one should say speculations. He appears
to have sunk a lot of capital in mines thought
he was ‘in the know,’ not unnaturally;
but it seems he wasn’t after all, and the things
have gone wrong, leaving him with a deal more money
than he can afford locked up and the possibility of
a dead loss if they don’t revive. Then there
are these infernal diamonds. He is not morally
responsible, we know; but it is a question if he is
not legally responsible, though the lawyers think he
is not. Anyhow, there is going to be a meeting
of the creditors to-morrow.”
“And what do you think they will do?”
“Oh, they will, most probably,
let him go on for the present; but, of course, if
he is made accountable for the diamonds there will
be nothing for it but to ‘go through the hoop,’
as the sporting financier expresses it.”
“The diamonds were of considerable value, then?”
“From twenty-five to thirty
thousand pounds’ worth vanished with that parcel.”
I whistled. This was a much bigger
affair than I had imagined, and I was wondering if
Thorndyke had realised the magnitude of the robbery,
when we arrived at the police court.
“I suppose our friends have
gone inside,” said Walter. “They must
have got here before us.”
This supposition was confirmed by
a constable of whom we made inquiry, and who directed
us to the entrance to the court. Passing down
a passage and elbowing our way through the throng
of idlers, we made for the solicitor’s box,
where we had barely taken our seats when the case was
called.
Unspeakably dreary and depressing
were the brief proceedings that followed, and dreadfully
suggestive of the helplessness of even an innocent
man on whom the law has laid its hand and in whose
behalf its inexorable machinery has been set in motion.
The presiding magistrate, emotionless
and dry, dipped his pen while Reuben, who had surrendered
to his bail, was placed in the dock and the charge
read over to him. The counsel representing the
police gave an abstract of the case with the matter-of-fact
air of a house-agent describing an eligible property.
Then, when the plea of “not guilty” had
been entered, the witnesses were called. There
were only two, and when the name of the first, John
Hornby, was called, I glanced towards the witness-box
with no little curiosity.
I had not hitherto met Mr. Hornby,
and as he now entered the box, I saw an elderly man,
tall, florid, and well-preserved, but strained and
wild in expression and displaying his uncontrollable
agitation by continual nervous movements which contrasted
curiously with the composed demeanour of the accused
man. Nevertheless, he gave his evidence in a perfectly
connected manner, recounting the events connected with
the discovery of the crime in much the same words
as I had heard Mr. Lawley use, though, indeed, he
was a good deal more emphatic than that gentleman had
been in regard to the excellent character borne by
the prisoner.
After him came Mr. Singleton, of the
finger-print department at Scotland Yard, to whose
evidence I listened with close attention. He produced
the paper which bore the thumb-print in blood (which
had previously been identified by Mr. Hornby) and
a paper bearing the print, taken by himself, of the
prisoner’s left thumb. These two thumb-prints,
he stated, were identical in every respect.
“And you are of opinion that
the mark on the paper that was found in Mr. Hornby’s
safe, was made by the prisoner’s left thumb?”
the magistrate asked in dry and business-like tones.
“I am certain of it.”
“You are of opinion that no mistake is possible?”
“No mistake is possible, your worship.
It is a certainty.”
The magistrate looked at Anstey inquiringly,
whereupon the barrister rose. “We reserve
our defence, your worship.”
The magistrate then, in the same placid,
business-like manner, committed the prisoner for trial
at the Central Criminal Court, refusing to accept
bail for his appearance, and, as Reuben was led forth
from the dock, the next case was called.
By special favour of the authorities,
Reuben was to be allowed to make his journey to Holloway
in a cab, thus escaping the horrors of the filthy
and verminous prison van, and while this was being
procured, his friends were permitted to wish him farewell.
“This is a hard experience,
Hornby,” said Thorndyke, when we three were,
for a few moments, left apart from the others; and
as he spoke the warmth of a really sympathetic nature
broke through his habitual impassivity. “But
be of good cheer; I have convinced myself of your
innocence and have good hopes of convincing the world though
this is for your private ear, you understand, to be
mentioned to no one.”
Reuben wrung the hand of this “friend
in need,” but was unable, for the moment, to
speak; and, as his self-control was evidently strained
to the breaking point, Thorndyke, with a man’s
natural instinct, wished him a hasty good-bye, and
passing his hand through my arm, turned away.
“I wish it had been possible
to save the poor fellow from this delay, and especially
from the degradation of being locked up in a jail,”
he exclaimed regretfully as we walked down the street.
“There is surely no degradation
in being merely accused of a crime,” I answered,
without much conviction, however. “It may
happen to the best of us; and he is still an innocent
man in the eyes of the law.”
“That, my dear Jervis, you know,
as well as I do, to be mere casuistry,” he rejoined.
“The law professes to regard the unconvicted
man as innocent; but how does it treat him? You
heard how the magistrate addressed our friend; outside
the court he would have called him Mr.
Hornby. You know what will happen to Reuben at
Holloway. He will be ordered about by warders,
will have a number label fastened on to his coat,
he will be locked in a cell with a spy-hole in the
door, through which any passing stranger may watch
him; his food will be handed to him in a tin pan with
a tin knife and spoon; and he will be periodically
called out of his cell and driven round the exercise
yard with a mob composed, for the most part, of the
sweepings of the London slums. If he is acquitted,
he will be turned loose without a suggestion of compensation
or apology for these indignities or the losses he may
have sustained through his detention.”
“Still I suppose these evils are unavoidable,”
I said.
“That may or may not be,”
he retorted. “My point is that the presumption
of innocence is a pure fiction; that the treatment
of an accused man, from the moment of his arrest,
is that of a criminal. However,” he concluded,
hailing a passing hansom, “this discussion must
be adjourned or I shall be late at the hospital.
What are you going to do?”
“I shall get some lunch and
then call on Miss Gibson to let her know the real
position.”
“Yes, that will be kind, I think;
baldly stated, the news may seem rather alarming.
I was tempted to thrash the case out in the police
court, but it would not have been safe. He would
almost certainly have been committed for trial after
all, and then we should have shown our hand to the
prosecution.”
He sprang into the hansom and was
speedily swallowed up in the traffic, while I turned
back towards the police court to make certain inquiries
concerning the regulations as to visitors at Holloway
prison. At the door I met the friendly inspector
from Scotland Yard, who gave me the necessary information,
whereupon with a certain homely little French restaurant
in my mind I bent my steps in the direction of Soho.