CHAPTER XI. THE CASE FOR THE PROSECUTION
The trial of John Cavendish for the murder of his stepmother took placetwo months later.
Of the intervening weeks I will say little, but my admiration andsympathy went out unfeignedly to Mary Cavendish. She ranged herselfpassionately on her husband's side, scorning the mere idea of his guilt,and fought for him tooth and nail.
I expressed my admiration to Poirot, and he nodded thoughtfully.
"Yes, she is of those women who show at their best in adversity. Itbrings out all that is sweetest and truest in them. Her pride and herjealousy have--"
"Jealousy?" I queried.
"Yes. Have you not realized that she is an unusually jealous woman? AsI was saying, her pride and jealousy have been laid aside. She thinksof nothing but her husband, and the terrible fate that is hanging overhim."
He spoke very feelingly, and I looked at him earnestly, remembering thatlast afternoon, when he had been deliberating whether or not to speak.With his tenderness for "a woman's happiness," I felt glad that thedecision had been taken out of his hands.
"Even now," I said, "I can hardly believe it. You see, up to the verylast minute, I thought it was Lawrence!"
Poirot grinned.
"I know you did."
"But John! My old friend John!"
"Every murderer is probably somebody's old friend," observed Poirotphilosophically. "You cannot mix up sentiment and reason."
"I must say I think you might have given me a hint."
"Perhaps, _mon ami_, I did not do so, just because he _was_ your oldfriend."
I was rather disconcerted by this, remembering how I had busily passedon to John what I believed to be Poirot's views concerning Bauerstein.He, by the way, had been acquitted of the charge brought against him.Nevertheless, although he had been too clever for them this time, andthe charge of espionage could not be brought home to him, his wings werepretty well clipped for the future.
I asked Poirot whether he thought John would be condemned. To my intensesurprise, he replied that, on the contrary, he was extremely likely tobe acquitted.
"But, Poirot--" I protested.
"Oh, my friend, have I not said to you all along that I have no proofs.It is one thing to know that a man is guilty, it is quite another matterto prove him so. And, in this case, there is terribly little evidence.That is the whole trouble. I, Hercule Poirot, know, but I lack the lastlink in my chain. And unless I can find that missing link--" He shookhis head gravely.
"When did you first suspect John Cavendish?" I asked, after a minute ortwo.
"Did you not suspect him at all?"
"No, indeed."
"Not after that fragment of conversation you overheard between Mrs.Cavendish and her mother-in-law, and her subsequent lack of frankness atthe inquest?"
"No."
"Did you not put two and two together, and reflect that if it was notAlfred Inglethorp who was quarrelling with his wife--and you remember,he strenuously denied it at the inquest--it must be either Lawrenceor John. Now, if it was Lawrence, Mary Cavendish's conduct was just asinexplicable. But if, on the other hand, it was John, the whole thingwas explained quite naturally."
"So," I cried, a light breaking in upon me, "it was John who quarrelledwith his mother that afternoon?"
"Exactly."
"And you have known this all along?"
"Certainly. Mrs. Cavendish's behaviour could only be explained thatway."
"And yet you say he may be acquitted?"
Poirot shrugged his shoulders.
"Certainly I do. At the police court proceedings, we shall hear the casefor the prosecution, but in all probability his solicitors will advisehim to reserve his defence. That will be sprung upon us at the trial.And--ah, by the way, I have a word of caution to give you, my friend. Imust not appear in the case."
"What?"
"No. Officially, I have nothing to do with it. Until I have found thatlast link in my chain, I must remain behind the scenes. Mrs. Cavendishmust think I am working for her husband, not against him."
"I say, that's playing it a bit low down," I protested.
"Not at all. We have to deal with a most clever and unscrupulous man,and we must use any means in our power--otherwise he will slipthrough our fingers. That is why I have been careful to remain in thebackground. All the discoveries have been made by Japp, and Japp willtake all the credit. If I am called upon to give evidence at all"--hesmiled broadly--"it will probably be as a witness for the defence."
I could hardly believe my ears.
"It is quite _en règle_," continued Poirot. "Strangely enough, I cangive evidence that will demolish one contention of the prosecution."
"Which one?"
"The one that relates to the destruction of the will. John Cavendish didnot destroy that will."
Poirot was a true prophet. I will not go into the details of the policecourt proceedings, as it involves many tiresome repetitions. I willmerely state baldly that John Cavendish reserved his defence, and wasduly committed for trial.
September found us all in London. Mary took a house in Kensington,Poirot being included in the family party.
I myself had been given a job at the War Office, so was able to see themcontinually.
As the weeks went by, the state of Poirot's nerves grew worse and worse.That "last link" he talked about was still lacking. Privately, I hopedit might remain so, for what happiness could there be for Mary, if Johnwere not acquitted?
On September 15th John Cavendish appeared in the dock at the Old Bailey,charged with "The Wilful Murder of Emily Agnes Inglethorp," and pleaded"Not Guilty."
Sir Ernest Heavywether, the famous K. C., had been engaged to defendhim.
Mr. Philips, K. C., opened the case for the Crown.
The murder, he said, was a most premeditated and cold-blooded one. Itwas neither more nor less than the deliberate poisoning of a fond andtrusting woman by the stepson to whom she had been more than a mother.Ever since his boyhood, she had supported him. He and his wife had livedat Styles Court in every luxury, surrounded by her care and attention.She had been their kind and generous benefactress.
He proposed to call witnesses to show how the prisoner, a profligate andspendthrift, had been at the end of his financial tether, and had alsobeen carrying on an intrigue with a certain Mrs. Raikes, a neighbouringfarmer's wife. This having come to his stepmother's ears, she taxed himwith it on the afternoon before her death, and a quarrel ensued, partof which was overheard. On the previous day, the prisoner had purchasedstrychnine at the village chemist's shop, wearing a disguise by means ofwhich he hoped to throw the onus of the crime upon another man--to wit,Mrs. Inglethorp's husband, of whom he had been bitterly jealous. Luckilyfor Mr. Inglethorp, he had been able to produce an unimpeachable alibi.
On the afternoon of July 17th, continued Counsel, immediately after thequarrel with her son, Mrs. Inglethorp made a new will. This will wasfound destroyed in the grate of her bedroom the following morning, butevidence had come to light which showed that it had been drawn up infavour of her husband. Deceased had already made a will in hisfavour before her marriage, but--and Mr. Philips wagged an expressiveforefinger--the prisoner was not aware of that. What had induced thedeceased to make a fresh will, with the old one still extant, he couldnot say. She was an old lady, and might possibly have forgotten theformer one; or--this seemed to him more likely--she may have had an ideathat it was revoked by her marriage, as there had been some conversationon the subject. Ladies were not always very well versed in legalknowledge. She had, about a year before, executed a will in favour ofthe prisoner. He would call evidence to show that it was the prisonerwho ultimately handed his stepmother her coffee on the fatal night.Later in the evening, he had sought admission to her room, on whichoccasion, no doubt, he found an opportunity of destroying the willwhich, as far as he knew, would render the one in his favour valid.
The prisoner had been arrested in consequence of the discovery, in hisroom, by Detect
ive Inspector Japp--a most brilliant officer--of theidentical phial of strychnine which had been sold at the villagechemist's to the supposed Mr. Inglethorp on the day before the murder.It would be for the jury to decide whether or not these damning factsconstituted an overwhelming proof of the prisoner's guilt.
And, subtly implying that a jury which did not so decide, was quiteunthinkable, Mr. Philips sat down and wiped his forehead.
The first witnesses for the prosecution were mostly those who had beencalled at the inquest, the medical evidence being again taken first.
Sir Ernest Heavywether, who was famous all over England for theunscrupulous manner in which he bullied witnesses, only asked twoquestions.
"I take it, Dr. Bauerstein, that strychnine, as a drug, acts quickly?"
"Yes."
"And that you are unable to account for the delay in this case?"
"Yes."
"Thank you."
Mr. Mace identified the phial handed him by Counsel as that sold byhim to "Mr. Inglethorp." Pressed, he admitted that he only knew Mr.Inglethorp by sight. He had never spoken to him. The witness was notcross-examined.
Alfred Inglethorp was called, and denied having purchased the poison. Healso denied having quarrelled with his wife. Various witnesses testifiedto the accuracy of these statements.
The gardeners' evidence, as to the witnessing of the will was taken, andthen Dorcas was called.
Dorcas, faithful to her "young gentlemen," denied strenuously that itcould have been John's voice she heard, and resolutely declared, inthe teeth of everything, that it was Mr. Inglethorp who had been in theboudoir with her mistress. A rather wistful smile passed across theface of the prisoner in the dock. He knew only too well how useless hergallant defiance was, since it was not the object of the defence to denythis point. Mrs. Cavendish, of course, could not be called upon to giveevidence against her husband.
After various questions on other matters, Mr. Philips asked:
"In the month of June last, do you remember a parcel arriving for Mr.Lawrence Cavendish from Parkson's?"
Dorcas shook her head.
"I don't remember, sir. It may have done, but Mr. Lawrence was away fromhome part of June."
"In the event of a parcel arriving for him whilst he was away, whatwould be done with it?"
"It would either be put in his room or sent on after him."
"By you?"
"No, sir, I should leave it on the hall table. It would be Miss Howardwho would attend to anything like that."
Evelyn Howard was called and, after being examined on other points, wasquestioned as to the parcel.
"Don't remember. Lots of parcels come. Can't remember one special one."
"You do not know if it was sent after Mr. Lawrence Cavendish to Wales,or whether it was put in his room?"
"Don't think it was sent after him. Should have remembered it if itwas."
"Supposing a parcel arrived addressed to Mr. Lawrence Cavendish, andafterwards it disappeared, should you remark its absence?"
"No, don't think so. I should think someone had taken charge of it."
"I believe, Miss Howard, that it was you who found this sheet of brownpaper?" He held up the same dusty piece which Poirot and I had examinedin the morning-room at Styles.
"Yes, I did."
"How did you come to look for it?"
"The Belgian detective who was employed on the case asked me to searchfor it."
"Where did you eventually discover it?"
"On the top of--of--a wardrobe."
"On top of the prisoner's wardrobe?"
"I--I believe so."
"Did you not find it yourself?"
"Yes."
"Then you must know where you found it?"
"Yes, it was on the prisoner's wardrobe."
"That is better."
An assistant from Parkson's, Theatrical Costumiers, testified thaton June 29th, they had supplied a black beard to Mr. L. Cavendish, asrequested. It was ordered by letter, and a postal order was enclosed.No, they had not kept the letter. All transactions were entered in theirbooks. They had sent the beard, as directed, to "L. Cavendish, Esq.,Styles Court."
Sir Ernest Heavywether rose ponderously.
"Where was the letter written from?"
"From Styles Court."
"The same address to which you sent the parcel?"
"Yes."
"And the letter came from there?"
"Yes."
Like a beast of prey, Heavywether fell upon him:
"How do you know?"
"I--I don't understand."
"How do you know that letter came from Styles? Did you notice thepostmark?"
"No--but--"
"Ah, you did _not_ notice the postmark! And yet you affirm soconfidently that it came from Styles. It might, in fact, have been anypostmark?"
"Y--es."
"In fact, the letter, though written on stamped notepaper, might havebeen posted from anywhere? From Wales, for instance?"
The witness admitted that such might be the case, and Sir Ernestsignified that he was satisfied.
Elizabeth Wells, second housemaid at Styles, stated that after she hadgone to bed she remembered that she had bolted the front door, insteadof leaving it on the latch as Mr. Inglethorp had requested. She hadaccordingly gone downstairs again to rectify her error. Hearing a slightnoise in the West wing, she had peeped along the passage, and had seenMr. John Cavendish knocking at Mrs. Inglethorp's door.
Sir Ernest Heavywether made short work of her, and under his unmercifulbullying she contradicted herself hopelessly, and Sir Ernest sat downagain with a satisfied smile on his face.
With the evidence of Annie, as to the candle grease on the floor, and asto seeing the prisoner take the coffee into the boudoir, the proceedingswere adjourned until the following day.
As we went home, Mary Cavendish spoke bitterly against the prosecutingcounsel.
"That hateful man! What a net he has drawn around my poor John! How hetwisted every little fact until he made it seem what it wasn't!"
"Well," I said consolingly, "it will be the other way about to-morrow."
"Yes," she said meditatively; then suddenly dropped her voice. "Mr.Hastings, you do not think--surely it could not have been Lawrence--Oh,no, that could not be!"
But I myself was puzzled, and as soon as I was alone with Poirot I askedhim what he thought Sir Ernest was driving at.
"Ah!" said Poirot appreciatively. "He is a clever man, that Sir Ernest."
"Do you think he believes Lawrence guilty?"
"I do not think he believes or cares anything! No, what he is tryingfor is to create such confusion in the minds of the jury that they aredivided in their opinion as to which brother did it. He is endeavouringto make out that there is quite as much evidence against Lawrence asagainst John--and I am not at all sure that he will not succeed."
Detective-inspector Japp was the first witness called when the trial wasreopened, and gave his evidence succinctly and briefly. After relatingthe earlier events, he proceeded:
"Acting on information received, Superintendent Summerhaye and myselfsearched the prisoner's room, during his temporary absence from thehouse. In his chest of drawers, hidden beneath some underclothing, wefound: first, a pair of gold-rimmed pince-nez similar to those worn byMr. Inglethorp"--these were exhibited--"secondly, this phial."
The phial was that already recognized by the chemist's assistant, a tinybottle of blue glass, containing a few grains of a white crystallinepowder, and labelled: "Strychnine Hydrochloride. POISON."
A fresh piece of evidence discovered by the detectives since the policecourt proceedings was a long, almost new piece of blotting-paper. It hadbeen found in Mrs. Inglethorp's cheque book, and on being reversed ata mirror, showed clearly the words: ". . . erything of which I diepossessed I leave to my beloved husband Alfred Ing..." This placedbeyond question the fact that the destroyed will had been in favour ofthe deceased lady's husband. Japp then produced the charred
fragmentof paper recovered from the grate, and this, with the discovery of thebeard in the attic, completed his evidence.
But Sir Ernest's cross-examination was yet to come.
"What day was it when you searched the prisoner's room?"
"Tuesday, the 24th of July."
"Exactly a week after the tragedy?"
"Yes."
"You found these two objects, you say, in the chest of drawers. Was thedrawer unlocked?"
"Yes."