CHAPTER II
THE SUSPECT
"I had better," said he, "give you a general outline of the case as itpresents itself to the legal mind, and then my client, Mr. ReubenHornby, can fill in the details if necessary, and answer any questionsthat you may wish to put to him.
"Mr. Reuben occupies a position of trust in the business of his uncle,John Hornby, who is a gold and silver refiner and dealer in preciousmetals generally. There is a certain amount of outside assay workcarried on in the establishment, but the main business consists in thetesting and refining of samples of gold sent from certain mines in SouthAfrica.
"About five years ago Mr. Reuben and his cousin Walter--another nephewof John Hornby--left school, and both were articled to their uncle, withthe view to their ultimately becoming partners in the house; and theyhave remained with him ever since, occupying, as I have said, positionsof considerable responsibility.
"And now for a few words as to how business is conducted in Mr. Hornby'sestablishment. The samples of gold are handed over at the docks to someaccredited representative of the firm--generally either Mr. Reuben orMr. Walter--who has been despatched to meet the ship, and conveyedeither to the bank or to the works according to circumstances. Of courseevery effort is made to have as little gold as possible on the premises,and the bars are always removed to the bank at the earliest opportunity;but it happens unavoidably that samples of considerable value have oftento remain on the premises all night, and so the works are furnished witha large and powerful safe or strong room for their reception. This safeis situated in the private office under the eye of the principal, and,as an additional precaution, the caretaker, who acts as night-watchman,occupies a room directly over the office, and patrols the buildingperiodically through the night.
"Now a very strange thing has occurred with regard to this safe. Ithappens that one of Mr. Hornby's customers in South Africa is interestedin a diamond mine, and, although transactions in precious stones form nopart of the business of the house, he has, from time to time, sentparcels of rough diamonds addressed to Mr. Hornby, to be eitherdeposited in the bank or handed on to the diamond brokers.
"A fortnight ago Mr. Hornby was advised that a parcel of stones had beendespatched by the _Elmina Castle_, and it appeared that the parcel wasan unusually large one and contained stones of exceptional size andvalue. Under these circumstances Mr. Reuben was sent down to the docksat an early hour in the hope the ship might arrive in time for thestones to be lodged in the bank at once. Unfortunately, however, thiswas not the case, and the diamonds had to be taken to the works andlocked up in the safe."
"Who placed them in the safe?" asked Thorndyke.
"Mr. Hornby himself, to whom Mr. Reuben delivered up the package on hisreturn from the docks."
"Yes," said Thorndyke, "and what happened next?"
"Well, on the following morning, when the safe was opened, the diamondshad disappeared."
"Had the place been broken into?" asked Thorndyke.
"No. The place was all locked up as usual, and the caretaker, who hadmade his accustomed rounds, had heard nothing, and the safe was,outwardly, quite undisturbed. It had evidently been opened with keys andlocked again after the stones were removed."
"And in whose custody were the keys of the safe?" inquired Thorndyke.
"Mr. Hornby usually kept the keys himself, but, on occasions, when hewas absent from the office, he handed them over to one of hisnephews--whichever happened to be in charge at the time. But on thisoccasion the keys did not go out of his custody from the time when helocked up the safe, after depositing the diamonds in it, to the timewhen it was opened by him on the following morning."
"And was there anything that tended to throw suspicion upon anyone?"asked Thorndyke.
"Why, yes," said Mr. Lawley, with an uncomfortable glance at his client,"unfortunately there was. It seemed that the person who abstracted thediamonds must have cut or scratched his thumb or finger in some way, forthere were two drops of blood on the bottom of the safe and one or twobloody smears on a piece of paper, and, in addition, a remarkably clearimprint of a thumb." "Also in blood?" asked Thorndyke.
"Yes. The thumb had apparently been put down on one of the drops andthen, while still wet with blood, had been pressed on the paper intaking hold of it or otherwise."
"Well, and what next?"
"Well," said the lawyer, fidgeting in his chair, "to make a long storyshort, the thumb-print has been identified as that of Mr. ReubenHornby."
"Ha!" exclaimed Thorndyke. "The plot thickens with a vengeance. I hadbetter jot down a few notes before you proceed any further."
He took from a drawer a small paper-covered notebook, on the cover ofwhich he wrote "Reuben Hornby," and then, laying the book open on ablotting-pad, which he rested on his knee, he made a few brief notes.
"Now," he said, when he had finished, "with reference to thisthumb-print. There is no doubt, I suppose, as to the identification?"
"None whatever," replied Mr. Lawley. "The Scotland Yard people, ofcourse, took possession of the paper, which was handed to the directorof the finger-print department for examination and comparison with thosein their collection. The report of the experts is that the thumb-printdoes not agree with any of the thumb-prints of criminals in theirpossession; that it is a very peculiar one, inasmuch as theridge-pattern on the bulb of the thumb--which is a remarkably distinctand characteristic one--is crossed by the scar of a deep cut, renderingidentification easy and infallible; that it agrees in every respect withthe thumb-print of Mr. Reuben Hornby, and is, in fact, his thumb-printbeyond any possible doubt."
"Is there any possibility," asked Thorndyke, "that the paper bearing thethumb-print could have been introduced by any person?"
"No," answered the lawyer. "It is quite impossible. The paper on whichthe mark was found was a leaf from Mr. Hornby's memorandum block. He hadpencilled on it some particulars relating to the diamonds, and laid iton the parcel before he closed up the safe."
"Was anyone present when Mr. Hornby opened the safe in the morning?"asked Thorndyke.
"No, he was alone," answered the lawyer. "He saw at a glance that thediamonds were missing, and then he observed the paper with thethumb-mark on it, on which he closed and locked the safe and sent forthe police."
"Is it not rather odd that the thief did not notice the thumb-mark,since it was so distinct and conspicuous?"
"No, I think not," answered Mr. Lawley. "The paper was lying facedownwards on the bottom of the safe, and it was only when he picked itup and turned it over that Mr. Hornby discovered the thumb-print.Apparently the thief had taken hold of the parcel, with the paper on it,and the paper had afterwards dropped off and fallen with the markedsurface downwards--probably when the parcel was transferred to the otherhand."
"You mentioned," said Thorndyke, "that the experts at Scotland Yard haveidentified this thumb-mark as that of Mr. Reuben Hornby. May I ask howthey came to have the opportunity of making the comparison?"
"Ah!" said Mr. Lawley. "Thereby hangs a very curious tale ofcoincidences. The police, of course, when they found that there was sosimple a means of identification as a thumb-mark, wished to takethumb-prints of all the employees in the works; but this Mr. Hornbyrefused to sanction--rather quixotically, as it seems to me--saying thathe would not allow his nephews to be subjected to such an indignity. Nowit was, naturally, these nephews in whom the police were chieflyinterested, seeing that they alone had had the handling of the keys, andconsiderable pressure was brought to bear upon Mr. Hornby to have thethumb-prints taken.
"However, he was obdurate, scouting the idea of any suspicion attachingto either of the gentlemen in whom he had reposed such completeconfidence and whom he had known all their lives, and so the matterwould probably have remained a mystery but for a very odd circumstance.
"You may have seen on the bookstalls and in shop windows an appliancecalled a 'Thumbograph,' or some such name, consisting of a small book ofblank paper for collecting the thumb-prints of o
ne's friends, togetherwith an inking pad."
"I have seen those devices of the Evil One," said Thorndyke, "in fact, Ihave one, which I bought at Charing Cross Station."
"Well, it seems that some months ago Mrs. Hornby, the wife of JohnHornby, purchased one of these toys--"
"As a matter of fact," interrupted Reuben, "it was my cousin Walter whobought the thing and gave it to her."
"Well, that is not material," said Mr. Lawley (though I observed thatThorndyke made a note of the fact in his book); "at any rate, Mrs.Hornby became possessed of one of these appliances and proceeded to fillit with the thumb-prints of her friends, including her two nephews. Nowit happened that the detective in charge of this case called yesterdayat Mr. Hornby's house when the latter was absent from home, and took theopportunity of urging her to induce her husband to consent to have thethumb-prints of her nephews taken for the inspection of the experts atScotland Yard. He pointed out that the procedure was really necessary,not only in the interests of justice but in the interests of the youngmen themselves, who were regarded with considerable suspicion by thepolice, which suspicion would be completely removed if it could be shownby actual comparison that the thumb-print could not have been made byeither of them. Moreover, it seemed that both the young men hadexpressed their willingness to have the test applied, but had beenforbidden by their uncle. Then Mrs. Hornby had a brilliant idea. Shesuddenly remembered the 'Thumbograph,' and thinking to set the questionat rest once for all, fetched the little book and showed it to thedetective. It contained the prints of both thumbs of Mr. Reuben (amongothers), and, as the detective had with him a photograph of theincriminating mark, the comparison was made then and there; and you mayimagine Mrs. Hornby's horror and amazement when it was made clear thatthe print of her nephew Reuben's left thumb corresponded in everyparticular with the thumb-print that was found in the safe.
"At this juncture Mr. Hornby arrived on the scene and was, of course,overwhelmed with consternation at the turn events had taken. He wouldhave liked to let the matter drop and make good the loss of the diamondsout of his own funds, but, as that would have amounted practically tocompounding a felony, he had no choice but to prosecute. As a result, awarrant was issued for the arrest of Mr. Reuben, and was executed thismorning, and my client was taken forthwith to Bow Street and chargedwith the robbery."
"Was any evidence taken?" asked Thorndyke.
"No. Only evidence of arrest. The prisoner is remanded for a week, bailhaving been accepted in two sureties of five hundred pounds each."
Thorndyke was silent for a space after the conclusion of the narrative.Like me, he was evidently not agreeably impressed by the lawyer'smanner, which seemed to take his client's guilt for granted, a positionindeed not entirely without excuse having regard to the circumstances ofthe case.
"What have you advised your client to do?" Thorndyke asked presently.
"I have recommended him to plead guilty and throw himself on theclemency of the court as a first offender. You must see for yourselfthat there is no defence possible."
The young man flushed crimson, but made no remark.
"But let us be clear how we stand," said Thorndyke. "Are we defending aninnocent man or are we endeavouring to obtain a light sentence for a manwho admits that he is guilty?"
Mr. Lawley shrugged his shoulders.
"That question can be best answered by our client himself," said he.
Thorndyke directed an inquiring glance at Reuben Hornby, remarking--
"You are not called upon to incriminate yourself in any way, Mr. Hornby,but I must know what position you intend to adopt." Here I againproposed to withdraw, but Reuben interrupted me.
"There is no need for you to go away, Dr. Jervis," he said. "My positionis that I did not commit this robbery and that I know nothing whateverabout it or about the thumb-print that was found in the safe. I do not,of course, expect you to believe me in the face of the overwhelmingevidence against me, but I do, nevertheless, declare in the most solemnmanner before God, that I am absolutely innocent of this crime and haveno knowledge of it whatever."
"Then I take it that you did not plead 'guilty'?" said Thorndyke.
"Certainly not; and I never will," replied Reuben hotly.
"You would not be the first innocent man, by very many, who has enteredthat plea," remarked Mr. Lawley. "It is often the best policy, when thedefence is hopelessly weak."
"It is a policy that will not be adopted by me," rejoined Reuben. "I maybe, and probably shall be, convicted and sentenced, but I shall continueto maintain my innocence, whatever happens. Do you think," he added,turning to Thorndyke, "that you can undertake my defence on thatassumption?"
"It is the only assumption on which I should agree to undertake thecase," replied Thorndyke.
"And--if I may ask the question--" pursued Reuben anxiously, "do youfind it possible to conceive that I may really be innocent?"
"Certainly I do," Thorndyke replied, on which I observed Mr. Lawley'seyebrows rise perceptibly. "I am a man of facts, not an advocate, andif I found it impossible to entertain the hypothesis of your innocence,I should not be willing to expend time and energy in searching forevidence to prove it. Nevertheless," he continued, seeing the light ofhope break out on the face of the unfortunate young man, "I must impressupon you that the case presents enormous difficulties and that we mustbe prepared to find them insuperable in spite of all our efforts."
"I expect nothing but a conviction," replied Reuben in a calm andresolute voice, "and can face it like a man if only you do not take myguilt for granted, but give me a chance, no matter how small, of makinga defence."
"Everything shall be done that I am capable of doing," said Thorndyke;"that I can promise you. The long odds against us are themselves a spurto endeavour, as far as I am concerned. And now, let me ask you, haveyou any cuts or scratches on your fingers?"
Reuben Hornby held out both his hands for my colleague's inspection, andI noticed that they were powerful and shapely, like the hands of askilled craftsman, though faultlessly kept. Thorndyke set on the table alarge condenser such as is used for microscopic work, and taking hisclient's hand, brought the bright spot of light to bear on each fingerin succession, examining their tips and the parts around the nails withthe aid of a pocket lens.
"A fine, capable hand, this," said he, regarding the member approvingly,as he finished his examination, "but I don't perceive any trace of ascar on either the right or left. Will you go over them, Jervis? Therobbery took place a fortnight ago, so there has been time for a smallcut or scratch to heal and disappear entirely. Still, the matter isworth noting."
He handed me the lens and I scrutinised every part of each hand withoutbeing able to detect the faintest trace of any recent wound.
"There is one other matter that must be attended to before you go," saidThorndyke, pressing the electric bell-push by his chair. "I will takeone or two prints of the left thumb for my own information."
In response to the summons, Polton made his appearance from some lairunknown to me, but presumably the laboratory, and, having received hisinstructions, retired, and presently returned carrying a box, which helaid on the table. From this receptacle Thorndyke drew forth a brightcopper plate mounted on a slab of hard wood, a small printer's roller, atube of finger-print ink, and a number of cards with very white andrather glazed surfaces.
"Now, Mr. Hornby," said he, "your hands, I see, are beyond criticism asto cleanliness, but we will, nevertheless, give the thumb a finalpolish."
Accordingly he proceeded to brush the bulb of the thumb with awell-soaked badger-hair nail-brush, and, having rinsed it in water,dried it with a silk handkerchief, and gave it a final rub on a piece ofchamois leather. The thumb having been thus prepared, he squeezed out adrop of the thick ink on to the copper plate and spread it out with theroller, testing the condition of the film from time to time by touchingthe plate with the tip of his finger and taking an impression on one ofthe cards.
When the ink had been rolle
d out to the requisite thinness, he tookReuben's hand and pressed the thumb lightly but firmly on to the inkedplate; then, transferring the thumb to one of the cards, which hedirected me to hold steady on the table, he repeated the pressure, whenthere was left on the card a beautifully sharp and clear impression ofthe bulb of the thumb, the tiny papillary ridges being shown withmicroscopic distinctness, and even the mouths of the sweat glands, whichappeared as rows of little white dots on the black lines of the ridges.This manoeuvre was repeated a dozen times on two of the cards, each ofwhich thus received six impressions. Thorndyke then took one or tworolled prints, _i.e._ prints produced by rolling the thumb first on theinked slab and then on the card, by which means a much larger portion ofthe surface of the thumb was displayed in a single print.
"And now," said Thorndyke, "that we may be furnished with all thenecessary means of comparison, we will take an impression in blood."
The thumb was accordingly cleansed and dried afresh, when Thorndyke,having pricked his own thumb with a needle, squeezed out a good-sizeddrop of blood on to a card.
"There," said he, with a smile, as he spread the drop out with theneedle into a little shallow pool, "it is not every lawyer who iswilling to shed his blood in the interests of his client."
He proceeded to make a dozen prints as before on two cards, writing anumber with his pencil opposite each print as he made it.
"We are now," said he, as he finally cleansed his client's thumb,"furnished with the material for a preliminary investigation, and if youwill now give me your address, Mr. Hornby, we may consider our businessconcluded for the present. I must apologise to you, Mr. Lawley, forhaving detained you so long with these experiments."
The lawyer had, in fact, been viewing the proceedings with hardlyconcealed impatience, and he now rose with evident relief that theywere at an end.
"I have been highly interested," he said mendaciously, "though I confessI do not quite fathom your intentions. And, by the way, I should like tohave a few words with you on another matter, if Mr. Reuben would notmind waiting for me in the square just a few minutes."
"Not at all," said Reuben, who was, I perceived, in no way deceived bythe lawyer's pretence. "Don't hurry on my account; my time is my own--atpresent." He held out his hand to Thorndyke, who grasped it cordially.
"Good-bye, Mr. Hornby," said the latter. "Do not be unreasonablysanguine, but at the same time, do not lose heart. Keep your wits aboutyou and let me know at once if anything occurs to you that may have abearing on the case."
The young man then took his leave, and, as the door closed after him,Mr. Lawley turned towards Thorndyke.
"I thought I had better have a word with you alone," he said, "just tohear what line you propose to take up, for I confess that your attitudehas puzzled me completely."
"What line would you propose?" asked Thorndyke.
"Well," said the lawyer, with a shrug of his shoulders, "the positionseems to be this: our young friend has stolen a parcel of diamonds andhas been found out; at least, that is how the matter presents itself tome."
"That is not how it presents itself to me," said Thorndyke drily. "Hemay have taken the diamonds or he may not. I have no means of judginguntil I have sifted the evidence and acquired a few more facts. This Ihope to do in the course of the next day or two, and I suggest that wepostpone the consideration of our plan of campaign until I have seenwhat line of defence it is possible to adopt."
"As you will," replied the lawyer, taking up his hat, "but I am afraidyou are encouraging the young rogue to entertain hopes that will onlymake his fall the harder--to say nothing of our own position. We don'twant to make ourselves ridiculous in court, you know."
"I don't, certainly," agreed Thorndyke. "However, I will look into thematter and communicate with you in the course of a day or two."
He stood holding the door open as the lawyer descended the stairs, andwhen the footsteps at length died away, he closed it sharply and turnedto me with an air of annoyance.
"The 'young rogue,'" he remarked, "does not appear to me to have beenvery happy in his choice of a solicitor. By the way, Jervis, Iunderstand you are out of employment just now?"
"That is so," I answered.
"Would you care to help me--as a matter of business, of course--to workup this case? I have a lot of other work on hand and your assistancewould be of great value to me."
I said, with great truth, that I should be delighted.
"Then," said Thorndyke, "come round to breakfast to-morrow and we willsettle the terms, and you can commence your duties at once. And now letus light our pipes and finish our yarns as though agitated clients andthick-headed solicitors had no existence."
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