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

into the pitying hearts of the female spectators. The accused had no individual existence so far as they were concerned: he was merely a pawn in the great legal game, of which the lawyers were the players and the judge the referee, and the side which won the pawn won the game. As this particular game represented an attack on the sacred tradition of Precedent, both sides had secured the strongest professional intellects possible to contest the match, and the lesser legal fry of Norwich had gathered together to witness the struggle, and pick up what points they could.[Pg 174]

The leader for the prosecution was Sir Herbert Templewood, K.C., M.P., a political barrister, with a Society wife, a polished manner, and a deadly gift of cross-examination. With him was Mr. Grover Braecroft, a dour Scotch lawyer of fifty-five, who was currently believed to know the law from A to Z, and really had an intimate acquaintance with those five letters which made up the magic word Costs. Apart from this valuable knowledge, he was a cunning and crafty lawyer, picked in the present case to supply the brains to Sir Herbert Templewood's brilliance, and do the jackal work which the lion disdained. The pair were supported by a Crown Solicitor well versed in precedents—a little prim figure of a man who sat with so many volumes of judicial decisions and reports of test cases piled in front of him that only the upper portion of his grey head was visible above the books.

The defence relied mainly upon Mr. Reginald Middleheath, the eminent criminal counsel, who depended as much upon his portly imposing stage presence to bluff juries into an acquittal as upon his legal attainments, which were also considerable. Mr. Middleheath's cardinal article of legal faith was that all juries were fools, and should be treated as such, because if they once got the idea into their heads that they knew something about the case they were trying they were bound to convict in order to sustain their reputation for intelligence. One of Mr. Middleheath's favourite tricks for disabusing a jury of the belief that they possessed any common sense was, before addressing them, to stare each juryman in the face for half a minute or so in turn with his piercing penetrative eyes, accompanying the look with a pitying contemptuous smile, the gaze and the smile implying that counsel for the opposite side may have flattered them[Pg 175] into believing that their intelligences were fit to try such an intricate case, but they couldn't deceive him.

Having robbed the jury of their self-esteem by this means, Mr. Middleheath would proceed to put them on good terms with themselves again by insinuating in persuasive tones that the case was one calculated to perplex the most astute legal brain. He would frankly confess that it had perplexed him at first, but as he had mastered its intricacies the jury were welcome to his laboriously acquired knowledge in order to help them in arriving at a right decision. Mr. Middleheath's junior was Mr. Garden Greyson, a thin ascetic looking lawyer whose knowledge of medical jurisprudence had brought him his brief in the case. Mr. Oakham sat beside Mr. Greyson with various big books in front of him.

The judge was Mr. Justice Redington, whose presence on the bench was always considered a strengthening factor in the Crown case. Judges differ as much as ordinary human beings, and are as human in their peculiarities as the juries they direct and the prisoners they try. There are good-tempered and bad-tempered judges, harsh and tender judges, learned and foolish judges, there are even judges with an eye to self-advertisement, and a few wise ones. Mr. Justice Redington belonged to that class of judges who, while endeavouring to hold the balance fairly between the Crown and the defence, see to it that the accused does not get overweight from the scales of justice. Such judges take advantage of their judicial office by cross-examining witnesses for the defence after the Crown Prosecutor has finished with them, in the effort to bring to light some damaging fact or contradiction which the previous examination has failed to elicit. In other respects, Mr. Justice Redington was a very fair judge, and he worked as industriously as any[Pg 176] newspaper reporter, taking extensive notes of all his cases with a gold fountain pen, which he filled himself from one of the court inkstands whenever it ran dry. In appearance he was a florid and pleasant looking man, and his hobby off the bench was farming his own land and breeding prize cattle.

There were the usual preliminaries, equivalent to the clearing of the course or the placing of the pieces, which bored the regular habitués of the court but whetted the appetites of the more unsophisticated spectators. First there was the lengthy process of empanelling a jury, with the inevitable accompaniment of challenges and objections, until the most unintelligent looking dozen of the panel finally found themselves in the jury box. Then the Clerk of Arraigns gabbled over the charges: wilful murder of Roger Glenthorpe on 26th October, 1916, and feloniously stealing from the said Roger Glenthorpe the sum of £300 on the same date. To these charges the accused man pleaded "Not guilty" in a low voice. The jury were directed on the first indictment only, and Sir Herbert Templewood got up to address the jury.

Sir Herbert knew very little about the case, but his junior was well informed; and what Mr. Braecroft didn't know he got from the Crown Solicitor, who sat behind the barristers' table, ready to lean forward at the slightest indication and supply any points which were required. Under this system of spoon-feeding Sir Herbert ambled comfortably along, reserving his showy paces for the cross-examination of witnesses for the defence.

Sir Herbert commenced by describing the case as a straightforward one which would offer no difficulty to an intelligent jury. It was true that it rested on circumstantial evidence, but that evidence was of the strongest[Pg 177] nature, and pointed so clearly in the one direction, that the jury could come to no other conclusion than that the prisoner at the bar had committed the murder with which he stood charged.

With this preamble, the Crown Prosecutor proceeded to put together the chain of circumstantial evidence against the accused with the deliberate logic of the legal brain, piecing together incidents, interpreting clues, probing motives, and fashioning together the whole tremendous apparatus of circumstantial evidence with the intent air of a man building an unbreakable cage for a wild beast. As Colwyn had anticipated, the incident at the Durrington hotel had been dropped from the Crown case. That part of the presentment was confined to the statement that Penreath had registered at the hotel under a wrong name, and had left without paying his bill. The first fact suggested that the accused had something to hide, the second established a motive for the subsequent murder.

Sir Herbert Templewood concluded his address in less than an hour, and proceeded to call evidence for the prosecution. There were nine witnesses: that strangely assorted pair, the innkeeper and Charles, the deaf waiter, Ann, the servant, the two men who had recovered Mr. Glenthorpe's body from the pit, the Heathfield doctor, who testified as to the cause of death, Superintendent Galloway, who gave the court the result of the joint investigations of the chief constable and himself at the inn, Police-Constable Queensmead, who described the arrest and Inspector Fredericks, of Norwich, who was in charge of the Norwich station when the accused was taken there from Flegne. In order to save another witness being called, Counsel for the defence admitted that accused had registered at the Grand Hotel, Durrington,[Pg 178] under a wrong name, and left without paying his bill.

Mr. Middleheath cross-examined none of the witnesses for the prosecution except the last one, and his forensic restraint was placed on record by the depositions clerk in the exact words of the unvarying formula between bench and bar. "Do you ask anything, Mr. Middleheath?" Mr. Justice Redington would ask, with punctilious politeness, when the Crown Prosecutor sat down after examining a witness. To which Mr. Middleheath would reply, in tones of equal courtesy: "I ask nothing, my lord." Counsel's cross-examination of Inspector Fredericks consisted of two questions, intended to throw light on the accused's state of mind after his arrest. Inspector Fredericks declared that he was, in his opinion, quite calm and rational.

Mr. Middleheath's opening address to the jury for the defence was brief, and, to sharp legal ears, vague and unconvincing. Although he pointed out that the evidence was purely circumstantial, and that in the absence of direct testimony the accused was entitled to the benefit of any reasonable doubt, he did not attempt to controvert the statements of the Crown witnesses, or suggest that the Crown had not established its case. His address, combined with the fact that he had not cross-examined any of the Crown witnesses, suggested to the listening lawyers that he had either a very strong defence or none at all. The point was left in suspense for the time being by Mr. Justice Redington suggesting that, in view of the lateness of the hour, Counsel should defer calling evidence for the defence until the following day. As a judicial suggestion is a command, the court was adjourned accordingly, the judge first warning the jury not to try to come to any conclusion, or form an opinion as[Pg 179] to