The Shrieking Pit by Arthur J. Rees (new ebook reader TXT) 📗

way of accounting for the whole unhappy business is on Sir Henry's hypothesis that Penreath is mad. In acute epileptic mania there are cases in which there is a seeming calmness of conduct, and these are the most dangerous of all. The patient walks about like a man in a dream, impelled by a force which he cannot resist, and does all sorts of things without conscious purpose. He will take long walks to places he has never been, will steal money or valuables, and commit murder or suicide with apparent coolness and cunning. Sir Henry describes this as automatic action, and he says[Pg 168] that it is a notable characteristic of the form of epileptic mania from which Penreath is suffering. You will observe that these symptoms fit in with all the facts of the case against Penreath. The facts, unfortunately, are so clear that there is no gainsaying them."

"It seems so now," said Colwyn thoughtfully. "Yet, when I was investigating the facts at the time, I came across several points which seemed to suggest the possibility of an alternative theory to the police theory."

"I should like to know what those points are."

"I will tell you."

The detective proceeded to set forth the result of his visit to the inn, and the solicitor listened to him with close attention. When he had finished Mr. Oakham remarked:

"I am afraid there is not much in these points, Mr. Colwyn. Your suggestion that there were two persons in the murdered man's room is interesting, but you have no evidence to support it. The girl's explanation of her visit to the room is probably the true one. Far be it from me, as Penreath's legal adviser, to throw away the slightest straw of hope, but your conjectures—for, to my mind, they are nothing more—are nothing against the array of facts and suspicious circumstances which have been collected by the police. And even if the police case were less strong, there is another grave fact which we cannot overlook."

"You mean that Penreath refuses to say anything?" said Colwyn.

"He appears to be somewhat indifferent to the outcome," returned the lawyer guardedly.

"It is his silence which baffles me," said Colwyn. "I saw him alone after his arrest, and told him I was willing to help him if he could tell me anything which would[Pg 169] assist me to establish his innocence—if he were innocent. He replied that he had nothing to say."

"What you tell me deepens my conviction that Penreath does not realise the position in which he is placed, and cannot be held accountable for his actions."

"Is it your intention to plead mental incapacity at the trial?"

"Sir Henry Durwood has offered to give evidence that, in his opinion, Penreath is not responsible for his actions. The Penreath family is under a debt of gratitude to Sir Henry. I consider it little short of providential that Sir Henry was staying here at the time." Like most lawyers, Mr. Oakham had a firm belief in the interposition of Providence—particularly in the affairs of the families of the great. "And that is the reason for my coming over here to see you this morning, Mr. Colwyn. You were present at the breakfast table scene—you witnessed this young man's eccentricity and violence. The Penreath family is already under a debt of gratitude to you—will you increase the obligation? In other words, will you give evidence in support of the defence at the trial?"

"You want me to assist you in convincing the jury that Penreath is a criminal lunatic," said Colwyn. "That is what your defence amounts to. It is a grave responsibility. Doctors and specialists are sometimes mistaken, you know."

"I am afraid there is very little doubt in this case. Here is a young man of birth and breeding, who hides from his friends under an assumed name, behaves in public in an eccentric manner, is turned out of his hotel, goes to a remote inn, and disappears before anybody is up. The body of a gentleman who occupied the room next to him is subsequently discovered in a pit close by, and the footprints leading to the pit are those of our[Pg 170] young friend. The young man is subsequently arrested close to the place where the body was thrown, and not then, or since, has he offered his friends any explanation of his actions. In the circumstances, therefore, I shall avail myself of Sir Henry's evidence. In my own mind—from my own observation and conversation with Penreath—I am convinced that he cannot be held responsible for his actions. In view of the tremendously strong case against him, in view of his peculiar attitude to you—and others—in the face of accusation, and in view of his previous eccentric behaviour, I shall take the only possible course to save the son of Penreath of Twelvetrees from the gallows. I had hoped, Mr. Colwyn, that you, who witnessed the scene at this hotel, and subsequently helped Sir Henry Durwood convey this unhappy young man upstairs, would see your way clear to support Sir Henry's expert opinion that this young man is insane. Your reputation and renown would carry weight with the jury."

[Pg 172]

"I am sorry, but I am afraid you must do without me," replied Colwyn. "In view of Penreath's silence I can come to no other conclusion, though against my better judgment, than that he is guilty, but I cannot take upon myself the responsibility of declaring that he is insane. In spite of Sir Henry Durwood's opinion, I cannot believe that he is, or was. It will be a difficult defence to establish in the case of Penreath. If you wish the jury to say that Penreath is the victim of what French writers call epilepsie larvée, in which an outbreak of brutal or homicidal violence takes the place of an epileptic fit, with a similar break in the continuity of consciousness, you will first have to convince the judge that Penreath's preceding fits were so slight as to permit the possibility of their being overlooked, and you will also[Pg 171] have to establish beyond doubt that the break in his consciousness existed from the time of the scene in the hotel breakfast-room until the time the murder was committed. The test of that state is the unintelligent character of some of the acts of the sufferer. In my opinion, a defence of insanity is not likely to be successful. Personally, I shall go no further in the case, but I cannot give up my original opinion that the whole of the facts in this case have not been brought to light. Probably they never will be—now."

CHAPTER XV

Although no hint of the defence was supposed to transpire, the magic words "No precedent" were whispered about in legal circles as the day for Penreath's trial approached, and invested the case with more than ordinary interest in professional eyes. Editors of London legal journals endeavoured to extract something definite from Mr. Oakham when he returned to London to brief counsel and prepare the defence, but the lunches they lavished on him in pursuit of information might have been spent with equal profit on the Sphinx.

The editors had to content themselves with sending shorthand writers to Norwich to report the case fully for the benefit of their circle of readers, whose appetite for a legal quibble was never satiated by repetition.

On the other hand, the case aroused but languid interest in the breasts of the ordinary public. The newspapers had not given the story of the murder much prominence in their columns, because murders were only good copy in war-time in the slack season between military offensives, and, moreover, this particular case lacked the essentials of what modern editors call, in American journalese jargon, "a good feature story." In other words, it was not sufficiently sensational or immoral to appeal to the palates of newspaper readers. It lacked the spectacular elements of a filmed drama; there was no woman in the case or unwritten law.

It was true that the revelation of the identity of the accused man had aroused a passing interest in the case,[Pg 173] bringing it up from paragraph value on the back page to a "two-heading item" on the "splash" page, but that interest soon died away, for, after all, the son of a Berkshire baronet was small beer in war's levelling days, when peers worked in overalls in munition factories, and personages of even more exalted rank sold pennyworths of ham in East-end communal kitchens.

Nevertheless, because of the perennial interest which attaches to all murder trials, the Norwich Assizes Court was filled with spectators on the dull drizzling November day when the case was heard, and the fact that the accused was young and good-looking and of gentle birth probably accounted for the sprinkling of well-dressed women amongst the audience. The younger ones eyed him with sympathy as he was brought into the dock: his good looks, his blue eyes, his air of breeding, his well-cut clothes, appealed to their sensibilities, and if they had been given the opportunity they would have acquitted him without the formality of a trial as far "too nice a boy" to have committed murder.

To the array of legal talent assembled together by the golden wand of Costs the figure of the accused man had no personal significance but the actual facts at issue entered as little into their minds as