The Hampstead Mystery Part 44

Crewe entered into the professional view sympathetically, but he was not to be turned from his purpose. He felt that too much was at stake, and he lifted the discussion out of the atmosphere of professional procedure into that of their common manhood.

"Walters, I know you are not a vain man," he said, earnestly. "A personal triumph in this case means even less to you than it does to me. I have built up what I regard as an overwhelming case against Holymead. But it is based on circ.u.mstantial evidence, and I would willingly see the whole thing toppled over if by that means we could get the final truth. This man Kemp knows the truth, and you are in a position in which you can get the truth from him. It may be the last chance anyone will have of getting it. Apart from all questions of professional procedure, isn't there an obligation upon you to get at the truth?"

"If you put it that way, I believe there is," replied Walters slowly and meditatively. There was a pause, and then he spoke with a sudden impulse.

"Yes, Crewe; you can depend on me. I'll do my best."

CHAPTER x.x.xII

The public interest in the Holymead trial on the second day was even greater than on the first. It was realised that Kemp's evidence had given an unexpected turn to the proceedings, and that if it could be substantiated the jury's verdict would be "not guilty." There were confident persons who insisted that Kemp's evidence was sufficient to acquit the prisoner. But every one grasped the fact that the Counsel for the prosecution, by his action in applying for an adjournment of the cross-examination of Kemp, clearly realised that his case was in danger if the evidence of the first witness for the defence could not be broken down.

The public appet.i.te for sensation having been whetted by sensational newspaper reports of the latest phase of the Riversbrook mystery, there was a great rush of people to the Old Bailey early on the morning of the second day to witness the final stages of the trial. The queue in Newgate Street commenced to a.s.semble at daybreak, and grew longer and longer as the day wore on, but it was composed of persons who did not know that there was not the slightest possibility of their gaining admittance to Number One Court. The policeman who was invested with the duty of keeping the queue close to the wall of the building forbore to break this sad news to them. Being faithful to the limitations of the official mind, he believed that the right thing to do was to let the people in the queue receive this important information from the sergeant inside. How was he to know without authority from his superior officer that any of these people wanted to be admitted to Number One Court? So the policeman pared his nails, gallantly "minding" the places of pretty girls in the queue who, worn out by hours of waiting in the cold, desired to slip away to a neighbouring tea-shop to get a cup of tea before the court opened, and sternly rebuking enterprising youths who endeavoured to wedge themselves in ahead of their proper place.

The body of the court was packed before the proceedings commenced. The number of ladies present was even greater than on the first day, and the resources of the ushers were severely taxed to find accommodation for them all. In the back row Crewe noticed Mrs. Holymead, accompanied by Mademoiselle Chiron. They had not been in court on the previous day. Mrs.

Holymead seemed anxious to escape notice, but Crewe could see that although she looked anxious and distressed, she was buoyed up by a new hope, which doubtless had come to her since Kemp had given his evidence.

There was an expectant silence in the court when Mr. Justice Hodson took his seat and the names of the jurymen were called over. Kemp entered the witness-box with a more confident air than he had worn the previous day.

Mr. Walters rose to begin his cross-examination, and the witness faced the barrister with the air of an old hand who knew the game, and was not to be caught by any legal tricks or traps.

"You said yesterday, witness," commenced Mr. Walters, adjusting his gla.s.ses and glancing from his brief to the witness and from the witness back to the brief again, "that you saw the prisoner enter the gate at Riversbrook about 9.30 on the night of the 18th of August?"

"Yes." The monosyllable was flung out as insolently as possible. The speaker watched his interrogator with the lowering eyes of a man at war with society, and who realised that he was facing one of his natural enemies.

"Did he see you?"

"No."

"You are quite sure of that?"

"Haven't I just said so?"

"Do not be insolent, witness"--it was the judge's warning voice that broke into the cross-examination--"answer the questions."

"How long was it after the prisoner entered the carriage drive that you went to the edge of the plantation and heard voices upstairs?" continued Mr. Walters.

"I went as soon as Mr. Holymead pa.s.sed me."

"How far were you from the house?"

"About sixty yards."

"And from that distance you could hear the voices?"

"Yes."

"Plainly?"

"Not very. I could hear the voices, but I couldn't hear what they were saying."

"Were they angry voices?"

"They seemed to me to be talking loudly."

"Yet you couldn't hear what they were saying?"

"No; I was sixty yards away."

"You said in your evidence in chief that the talking continued half an hour. Did you time it?"

"No."

"Then what made you swear that?"

"I said about half an hour. I smoked out a pipeful of tobacco while I was standing there, and that would be about half an hour." Kemp disclosed his broken teeth in a faint grin.

"What happened next?"

"I heard the front door slam, and I saw somebody walking across the garden, and go into the carriage drive towards the gate."

"Did you recognise who it was?"

"Yes; Mr. Holymead." Kemp looked at the prisoner as he gave the answer.

"You swear it was the prisoner?"

"I do."

"Let me recall your evidence in chief, witness. You swore that you identified Mr. Holymead as he went in because he struck a match to look at the time as he pa.s.sed you, and you saw his face. Did he strike matches as he went out?"

"No."

"Then how are you able to swear so positively as to his ident.i.ty in the dark?"

Kemp considered a moment before replying.

"Because I know him well and I was close to him," he said at length. "I was close enough to him almost to touch him. I knew him by his walk, and by the look of him. It was him right enough, I'll swear to that."

"I put it to you, witness," persisted Counsel, "that you could not positively identify a man in a plantation at that time of night. Do you still swear it was Mr. Holymead?"

"I do," replied Kemp doggedly.

"What did you do then?"

"I stayed where I was."