The Eye of Osiris Part 17

"That is perfectly true," said I. And then realizing that I had been led away from the topic of John Bellingham, I ventured to return to it.

"That was a very mysterious affair--the disappearance of John Bellingham, I mean."

"Why mysterious?" asked Mr. Jellicoe. "Men disappear from time to time, and when they reappear, the explanations that they give (when they give any) seem more or less adequate."

"But the circ.u.mstances were surely rather mysterious."

"What circ.u.mstances?" asked Mr. Jellicoe.

"I mean the way in which he vanished from Mr. Hurst's house."

"In what way did he vanish from it?"

"Well, of course, I don't know."

"Precisely. Neither do I. Therefore I can't say whether that way was a mysterious one or not."

"It is not even certain that he did leave it," I remarked, rather recklessly.

"Exactly," said Mr. Jellicoe. "And if he did not, he is there still.

And if he is there still, he has not disappeared--in the sense understood. And if he has not disappeared, there is no mystery."

I laughed heartily, but Mr. Jellicoe preserved a wooden solemnity and continued to examine me through his spectacles (which I, in my turn, inspected and estimated at about minus five dioptres). There was something highly diverting about this grim lawyer, with his dry contentiousness and almost farcical caution. His ostentatious reserve encouraged me to ply him with fresh questions, the more indiscreet the better.

"I suppose," said I, "that, under these circ.u.mstances, you would hardly favor Mr. Hurst's proposal to apply for permission to presume death?"

"Under what circ.u.mstances?" he inquired.

"I was referring to the doubt you have expressed as to whether John Bellingham is, after all, really dead."

"My dear sir," said he, "I fail to see your point. If it were certain that the man was alive, it would be impossible to presume that he was dead; and if it were certain that he was dead, presumption of death would still be impossible. You do not presume a certainty. The uncertainty is of the essence of the transaction."

"But," I persisted, "if you really believe that he may be alive, I should hardly have thought that you would take the responsibility of presuming his death and dispersing his property."

"I don't," said Mr. Jellicoe. "I take no responsibility. I act in accordance with the decision of the Court and have no choice in the matter."

"But the Court may decide that he is dead and he may nevertheless be alive."

"Not at all. If the Court decides that he is presumably dead, then he is presumably dead. As a mere irrelevant, physical circ.u.mstance he may, it is true, be alive. But legally speaking, and for testamentary purposes, he is dead. You fail to perceive the distinction, no doubt?"

"I am afraid I do," I admitted.

"Yes; the members of your profession usually do. That is what makes them such bad witnesses in a court of law. The scientific outlook is radically different from the legal. The man of science relies on his own knowledge and observation and judgment, and disregards testimony.

A man comes to you and tells you he is blind in one eye. Do you accept his statement? Not in the least. You proceed to test his eyesight with some infernal apparatus of colored gla.s.ses, and you find that he can see perfectly well with both eyes. Then you decide that he is not blind in one eye; that is to say, you reject his testimony in favor of facts of your own ascertaining."

"But surely that is the rational method of coming to a conclusion?"

"In science, no doubt. Not in law. A court of law must decide according to the evidence which is before it; and that evidence is of the nature of sworn testimony. If a witness is prepared to swear that black is white and no evidence to the contrary is offered, the evidence before the Court is that black is white, and the Court must decide accordingly. The judge and the jury may think otherwise--they may even have private knowledge to the contrary--but they have to decide according to the evidence."

"Do you mean to say that a judge would be justified in giving a decision which he knew to be contrary to the facts? Or that he might sentence a man whom he knew to be innocent?"

"Certainly. It has been done. There is a case of a judge who sentenced a man to death and allowed the execution to take place, notwithstanding that he--the judge--had actually seen the murder committed by another man. But that was carrying correctness of procedure to the verge of pedantry."

"It was, with a vengeance," I agreed. "But to return to the case of John Bellingham. Supposing that after the Court has decided that he is dead he should return alive? What then?"

"Ah! It would then be his turn to make an application, and the Court, having fresh evidence laid before it, would probably decide that he was alive."

"And meantime his property would have been dispersed?"

"Probably. But you will observe that the presumption of death would have arisen out of his own proceedings. If a man acts in such a way as to create a belief that he is dead, he must put up with the consequences."

"Yes, that is reasonable enough," said I. And then, after a pause, I asked: "Is there any immediate likelihood of proceedings of the kind being commenced?"

"I understood from what you said just now that Mr. Hurst was contemplating some action of the kind. No doubt you had your information from a reliable quarter." This answer Mr. Jellicoe delivered without moving a muscle, regarding me with the fixity of a spectacled figurehead.

I smiled feebly. The operation of pumping Mr. Jellicoe was rather like the sport of boxing with a porcupine, being chiefly remarkable as a demonstration of the power of pa.s.sive resistance. I determined, however, to make one more effort, rather, I think, for the pleasure of witnessing his defensive maneuvers than with the expectation of getting anything out of him. I accordingly "opened out" on the subject of the "remains."

"Have you been following these remarkable discoveries of human bones that have been appearing in the papers?" I asked.

He looked at me stonily for some moments, and then replied:

"Human bones are rather more within your province than mine, but, now that you mention it, I think I recall having read of some such discoveries. They were disconnected bones, I believe."

"Yes; evidently parts of a dismembered body."

"So I should suppose. No, I have not followed the accounts. As we get on in life our interests tend to settle into grooves, and my groove is chiefly connected with conveyancing. These discoveries would be of more interest to a criminal lawyer."

"I thought you might, perhaps, have connected them with the disappearance of your client?"

"Why should I? What could be the nature of the connection?"

"Well," I said, "these are the bones of a man----"

"Yes; and my client was a man with bones. That is a connection, certainly, though not a very specific or distinctive one. But perhaps you had something more particular in your mind?"

"I had," I replied. "The fact that some of the bones were actually found on land belonging to your client seemed to me rather significant."

"Did it, indeed?" said Mr. Jellicoe. He reflected for a few moments, gazing steadily at me the while, and then continued: "In that I am unable to follow you. It would have seemed to me that the finding of human remains upon a certain piece of land might conceivably throw a _prima facie_ suspicion upon the owner or occupant of the land as being the person who deposited them. But the case that you suggest is the one case in which this would be impossible. A man cannot deposit his own dismembered remains."

"No, of course not. I was not suggesting that he deposited them himself, but merely that the fact of their being deposited on his land, in a way, connected these remains with him."

"Again," said Mr. Jellicoe, "I fail to follow you, unless you are suggesting that it is customary for murderers who mutilate bodies to be punctilious in depositing the dismembered remains upon land belonging to their victims. In which case I am skeptical as to your facts. I am not aware of the existence of any such custom. Moreover, it appears that only a portion of the body was deposited on Mr. Bellingham's land, the remaining portions having been scattered broadcast over a wide area. How does that agree with your suggestion?"

"It doesn't, of course," I admitted. "But there is another fact that I think you will admit to be more significant. The first remains that were discovered were found at Sidcup. Now, Sidcup is close to Eltham; and Eltham is the place where Mr. Bellingham was last seen alive."

"And what is the significance of this? Why do you connect the remains with one locality rather than the various other localities in which other portions of the body were found?"

"Well," I replied, rather graveled by this very pertinent question, "the appearances seem to suggest that the person who deposited these remains started from the neighborhood of Eltham, where the missing man was last seen."