The Middle of Things by J. S. Fletcher (e reader TXT) 📗

bending over his papers, suddenly looked up with another question, and Hyde again turned his attention to him.

"All that you really know of this matter," asked Mr. Millington-Bywater, "is that you chanced to turn up Lonsdale Passage, saw a man lying on the pavement and a ring close by, and that, being literally starving and desperate, you snatched up that ring and ran away as fast as you could?"

"Yes—that is all," asserted Hyde. "Except that I had met a man, as I have already told you, at the end of the passage by which I entered."

"You did not even know whether this man lying on the pavement was alive or dead?"

"I thought he might be drunk," replied Hyde. "But after I had snatched up the ring I never thought at all until I had run some distance. I was afraid of being followed."

"Now why were you afraid of being followed?"

"I was famishing!" answered Hyde. "I knew I could get something, some money, on that ring, in the morning, and I wanted to stick to it. I was afraid that the man whom I met as I ran out of the passage, whom I now know to have been Mr. Viner, might follow me and make me give up the ring. And the ring meant food."

Mr. Millington-Bywater let this answer sink into the prevalent atmosphere and suddenly turned to another matter. The knife which had been found in Hyde's possession was lying with certain other exhibits on the solicitor's table, and Mr. Millington-Bywater pointed to it.

"Now about that knife," he said. "It is yours? Very well—how long have you had it?"

"Three or four years," replied Hyde, promptly. "I bought it when I was touring in the United States, at a town called Guthrie, in Oklahoma. And," he added suddenly and with a triumphant smile as of a man who is unexpectedly able to clinch an argument, "there is a gentleman there who was with me when I bought it—Mr. Nugent Starr!"

From the magistrate on his bench to the policeman at the door every person in court turned to look at the man to whom the prisoner pointed an out-stretched finger. And Mr. Pawle let out an irrepressible exclamation.

"Good God!" he said. "The claimant fellow!"

But Viner said nothing. He was staring, as everybody else was, at the man who sat by Methley. He, suddenly aware that Hyde had pointed to him, was obviously greatly taken aback and embarrassed—he looked sharply at the prisoner, knitted his brows, shook his head, and turning to Methley muttered something which no one else caught. Mr. Millington-Bywater looked at him and turned to his client.

"You say there is a gentleman here—that gentleman!—who was with you when you bought that knife?" he asked. "A friend of yours, then?"

"Well—we were playing in the same company," asserted Hyde. "Mr. Moreby-Bannister's company. He was heavy lead—I was juvenile. He knows me well enough. He was with me when I bought that knife in a hardware store in Guthrie."

The magistrate's eye was on the man who sat by Methley, and there was a certain amount of irritation in it. And suddenly Methley whispered something to his companion and the man shyly but with a noticeable composure stood up.

"I beg Your Worship's pardon," he said, quietly, with a polite bow to the bench, "but really, the witness is under a mistaken impression! I don't know him, and I have never been in the town he mentions—in fact, I have never been in the United States. I am very sorry, but, really, there is some strange mistake—I—the witness is an absolute stranger to me!"

The attention of all present was transferred to Hyde. And Hyde flushed, leaned forward over the ledge of the witness-box and gave the claimant a long, steady stare.

"No mistake at all!" he suddenly exclaimed in a firm voice. "That's Mr.
Nugent Starr! I played with him for over twelve months."

While this had been going on, Felpham on one side, and Carless on the other, had been whispering to Mr. Millington-Bywater, who listened to both with growing interest, and began to nod to each with increasing intelligence—and then, suddenly, the prosecuting counsel played unexpectedly and directly into his hand.

"If Your Worship pleases," said the prosecuting counsel, "I should like to have the prisoner's assertion categorically denied—it may be of importance. Perhaps this gentleman will go into the box and deny it on oath."

Mr. Millington-Bywater sat down as quickly as if a heavy hand had forced him into his seat, and Viner saw a swift look of gratification cross his features. Close by, Mr. Pawle chuckled with joy.

"By the Lord Harry!" he whispered, "the very thing we wanted! No need to wait for the adjourned coroner's inquest, Viner—the thing'll come out now!"

Viner did not understand. He saw Hyde turned out of the box; he saw the claimant, after an exchange of remarks with Methley, step into it; he heard him repeat on oath the denial he had just uttered, after stating that his name was Cave, and that he lived at the Belmead Hotel, Lancaster Gate; and he saw Mr. Millington-Bywater, after exchanging a few questions and answers in whispers with Hyde over the ledge of the dock, turn to the witness as he was about to step down.

"A moment, sir," he said. "I want to ask you a few questions, with the permission of His Worship, who will soon see that they are very pertinent. So," he went on, "you reside at the Belmead Hotel, in Lancaster Gate, and your name is Edward Cave?"

"At present," answered the witness, stiffly.

"Do you mean that your name is Edward Cave—at present?"

"My name is Edward Cave, and at present I live—as I have stated," replied the witness with dignity.

"You have just stated, on oath, that you are not Nugent Starr, have never been so called, don't know the prisoner, never met him in America, have never set foot in America! Now, then—mind, you're on your oath!—is Edward Cave your real or full name?"

"Well, strictly speaking," answered the witness, after some hesitation, "no, it is not. My full name is Cave-Gray—my family name; but for the present—"

"For the present you wish to be called Mr. Cave. Now, sir, are you not the person who claims to be the rightful Earl of Ellingham?"

A murmur of excited interest ran round the court, and everybody recognized that a new stage of the case had been entered upon. Every eye, especially the observant eyes on the bench, were fixed on the witness, who now looked considerably ruffled. He glanced at Methley—but Methley sat with averted look and made no sign; he looked at the magistrate; the magistrate, it was plain, expected the question to be answered. And the answer came, almost sullenly.

"Yes, I am!"

"That is to say, you are really—or you claim to be really—the Lord Marketstoke who disappeared from England some thirty-five years ago, and you have now returned, though you are legally presumed to be dead, to assert your rights to titles and estates? You absolutely claim to be the ninth Earl of Ellingham?"

"Yes!"

"Where have you been during the last thirty-five years?"

"In Australia."

"What part?"

"Chiefly in Melbourne. But I was for four or five years up-country."

"What name did you go under there?"

Mr. Pawle, Mr. Carless and the rest of the spectators who were in these secrets regarded the witness with keen attention when this question was put to him. But his answer came promptly.

"At first, under the name of Wickham. Later under the one I now use—Cave."

"Did you marry out there?"

"Never!"

"And so, of course, you never had a daughter?"

"I have never been married and have never had daughter or son!"

Mr. Millington-Bywater turned to Mr. Carless, at his left elbow, and exchanged two or three whispered remarks with him. At last he looked round again at the witness.

"Yesterday," he said, "in your character of claimant to the Ellingham title and estates you showed to Messrs. Carless & Driver, of Lincoln's Inn Fields, and to the present holder of the title, certain documents, letters, papers, which would go some way toward establishing your claim to be what you profess to be. Now, I will say at once that we believe these papers to have been stolen from the body of John Ashton when he was murdered. And I will ask you a direct question, on your oath! Have those papers always been in your possession since you left England thirty-five years ago?"

The witness drew himself up and looked steadily at his questioner.

"No!" he answered firmly. "They were stolen from me almost as soon as I arrived in Australia. I have only just regained possession of them."

CHAPTER XXIII IS THIS MAN RIGHT?

A murmur of astonishment ran through the court as the witness made his last reply, and those most closely interested in him turned and looked at each other with obvious amazement. And for a moment Mr. Millington-Bywater seemed to be at a loss; in the next he bent forward toward the witness-box and fixed the man standing there with a piercing look.

"Do you seriously tell us, on your oath, that these papers—your papers, if you are what you claim to be—were stolen from you many years ago, and have only just been restored to you?" he asked. "On your oath, mind!"

"I do tell you so," answered the witness quietly. "I am on oath."

The magistrate glanced at Mr. Millington-Bywater.

"What is the relevancy of this—in relation to the prisoner and the charge against him?" he inquired. "You have some point, of course?"

"The relevancy is this, Your Worship," replied Mr. Millington-Bywater: "Our contention is that the papers referred to were until recently in the custody of John Ashton, the murdered man—I can put a witness in the box who can give absolute proof of that, a highly reputable witness, who is present,—and that John Ashton was certainly murdered by some person or persons who, for purposes of their own, wished to gain possession of them. Now, we know that they are in possession of the present witness, or rather, of his solicitors, to whom he has handed them. I mean to prove that Ashton was murdered in the way, and for the reason I suggest, and that accordingly the prisoner is absolutely innocent of the charge brought against him. I should therefore like to ask this witness to tell us how he regained possession of these papers, for I am convinced that in what he can tell us lies the secret of Ashton's murder. Now," he continued, turning again to the witness as the magistrate nodded assent, "we will assume for the time being that you are what you represent yourself to be—the Lord Marketstoke who disappeared from England thirty-five years ago. You have just heard what I said to His Worship—about these papers, and what I put forward as regards their connection with the murder of John Ashton? Will you tell us how you lost those papers, and more particularly, how you recently regained possession of them? You see the immense, the vital importance of this to the unfortunate young fellow in the dock?"

"Who," answered the witness with a calm smile, "is quite and utterly mistaken in thinking that he knew me in America, for I have certainly never set foot in America, neither North nor South, in my life! I am very much surprised indeed to be forced into publicity as I have been this morning—I came here as a merely curious spectator and had no idea whatever that I should be called into this box. But if any evidence of mine can establish, or help to establish, the prisoner's innocence, I will give it only too gladly."

"Much obliged to you, sir," said Mr. Millington-Bywater, who, in Viner's opinion, was evidently impressed by the witness's straightforward tone and candid demeanour.

"Well, if you will tell us—in your own way—about these papers, now—always remembering that we have absolute proof that until recently they were in the possession of John Ashton? Let me preface whatever you choose to tell us with a question: Do you know that they were in possession of John Ashton?"

"I have no more idea or knowledge of whose hands they were in, and had been in, for many years, until they were restored to me, than the man in the moon has!" affirmed the witness. "I'll tell you the whole story—willingly: I could have told it yesterday to certain gentlemen, whom I see present, if they had not treated me as an impostor as soon as they