"Not guilty," replied Reuben.
The Clerk of Arraigns, having noted the prisoner's reply, then proceeded—
"The gentlemen whose names are about to be called will form the jury who are to try you. If you wish to object to any of them, you must do so as each comes to the book to be sworn, and before he is sworn. You will then be heard."
In acknowledgment of this address, which was delivered in clear, ringing tones, and with remarkable distinctness, Reuben bowed to the clerk, and the process of swearing-in the jury was commenced, while the counsel opened their briefs and the judge conversed facetiously with an official in a fur robe and a massive neck chain.
Very strange, to unaccustomed eyes and ears, was the effect of this function—half solemn and half grotesque, with an effect intermediate between that of a religious rite and that of a comic opera. Above the half-suppressed hum of conversation the clerk's voice arose at regular intervals, calling out the name of one of the jurymen, and, as its owner stood up, the court usher, black-gowned and sacerdotal of aspect, advanced and proffered the book. Then, as the juryman took the volume in his hand, the voice of the usher resounded through the court like that of a priest intoning some refrain or antiphon—an effect that was increased by the rhythmical and archaic character of the formula—
"Samuel Seppings!"
A stolid-looking working-man rose and, taking the Testament in his hand, stood regarding the usher while that official sang out in a solemn monotone—
"You shall well and truly try and true deliverance make between our Sovereign Lord the King and the prisoner at the bar, whom you shall have in charge, and a true verdict give according to the evidence. So help you God!"
"James Piper!" Another juryman rose and was given the Book to hold; and again the monotonous sing-song arose—
"You shall well and truly try and true deliverance make, etc."
"I shall scream aloud if that horrible chant goes on much longer," Juliet whispered. "Why don't they all swear at once and have done with it?"
"That would not meet the requirements," I answered. "However, there are only two more, so you must have patience."
"And you will have patience with me, too, won't you? I am horribly frightened. It is all so solemn and dreadful."
"You must try to keep up your courage until Dr. Thorndyke has given his evidence," I said. "Remember that, until he has spoken, everything is against Reuben; so be prepared."
"I will try," she answered meekly; "but I can't help being terrified."
The last of the jurymen was at length sworn, and when the clerk had once more called out the names one by one, the usher counting loudly as each man answered to his name, the latter officer turned to the Court and spectators, and proclaimed in solemn tones—
"If anyone can inform my Lords the King's justices, the King's attorney-general, or the King's serjeant, ere this inquest be now taken between our Sovereign Lord the King and the prisoner at the bar, of any treason, murder, felony or misdemeanour, committed or done by him, let him come forth and he shall be heard; for the prisoner stands at the bar upon his deliverance."
This proclamation was followed by a profound silence, and after a brief interval the Clerk of Arraigns turned towards the jury and addressed them collectively—
"Gentlemen of the jury, the prisoner at the bar stands indicted by the name of Reuben Hornby, for that he, on the ninth or tenth of March, feloniously did steal, take and carry away a parcel of diamonds of the goods of John Hornby. To this indictment he has pleaded that he is not guilty, and your charge is to inquire whether he be guilty or not and to hearken to the evidence."
When he had finished his address the clerk sat down, and the judge, a thin-faced, hollow-eyed elderly man, with bushy grey eyebrows and a very large nose, looked attentively at Reuben for some moments over the tops of his gold-rimmed pince-nez. Then he turned towards the counsel nearest the bench and bowed slightly.
The barrister bowed in return and rose, and for the first time I obtained a complete view of Sir Hector Trumpler, K.C., the counsel for the prosecution. His appearance was not prepossessing nor—though he was a large man and somewhat florid as to his countenance—particularly striking, except for a general air of untidiness. His gown was slipping off one shoulder, his wig was perceptibly awry, and his pince-nez threatened every moment to drop from his nose.
"The case that I have to present to you, my lord and gentlemen of the jury," he began in a clear, though unmusical voice, "is one the like of which is but too often met with in this court. It is one in which we shall see unbounded trust met by treacherous deceit, in which we shall see countless benefactions rewarded by the basest ingratitude, and in which we shall witness the deliberate renunciation of a life of honourable effort in favour of the tortuous and precarious ways of the criminal. The facts of the case are briefly as follows: The prosecutor in this case—most unwilling prosecutor, gentlemen—is Mr. John Hornby, who is a metallurgist and dealer in precious metals. Mr. Hornby has two nephews, the orphan sons of his two elder brothers, and I may tell you that since the decease of their parents he has acted the part of a father to both of them. One of these nephews is Mr. Walter Hornby, and the other is Reuben Hornby, the prisoner at the bar. Both of these nephews were received by Mr. Hornby into his business with a view to their succeeding him when he should retire, and both, I need not say, occupied positions of trust and responsibility.
"Now, on the evening of the ninth of March there was delivered to Mr. Hornby a parcel of rough diamonds of which one of his clients asked him to take charge pending their transfer to the brokers. I need not burden you with irrelevant details concerning this transaction. It will suffice to say that the diamonds, which were of the aggregate value of about thirty thousand pounds, were delivered to him, and the unopened package deposited by him in his safe, together with a slip of paper on which he had written in pencil a memorandum of the circumstances. This was on the evening of the ninth of March, as I have said. Having deposited the parcel, Mr. Hornby locked the safe, and shortly afterwards left the premises and went home, taking the keys with him.
"On the following morning, when he unlocked the safe, he perceived with astonishment and dismay that the parcel of diamonds had vanished. The slip of paper, however, lay at the bottom of the safe, and on picking it up Mr. Hornby perceived that it bore a smear of blood, and in addition, the distinct impression of a human thumb. On this he closed and locked the safe and sent a note to the police station, in response to which a very intelligent officer—Inspector Sanderson—came and made a preliminary examination. I need not follow the case further, since the details will appear in the evidence, but I may tell you that, in effect, it has been made clear, beyond all doubt, that the thumb-print on that paper was the thumb-print of the prisoner, Reuben Hornby."
He paused to adjust his glasses, which were in the very act of falling from his nose, and hitch up his gown, while he took a leisurely survey of the jury, as though he were estimating their impressionability. At this moment I observed Walter Hornby enter the court and take up a position at the end of our bench nearest the door; and, immediately after, Superintendent Miller came in and seated himself on one of the benches opposite.
"The first witness whom I shall call," said Sir Hector Trumpler, "is John Hornby."
Mr. Hornby, looking wild and agitated, stepped into the witness-box, and the usher, having handed him the Testament, sang out—
"The evidence you shall give to the court and jury sworn, between our Sovereign Lord the King and the prisoner at the bar shall be the truth, the whole truth, and nothing but the truth; so help you God!"
Mr. Hornby kissed the Book, and, casting a glance of unutterable misery at his nephew, turned towards the counsel.
"Your name is John Hornby, is it not?" asked Sir Hector.
"It is."
"And you occupy premises in St. Mary Axe?"
"Yes. I am a dealer in precious metals, but my business consists principally in the assaying of sam
ples of ore and quartz and bars of silver and gold."
"Do you remember what happened on the ninth of March last?"
"Perfectly. My nephew Reuben—the prisoner—delivered to me a parcel of diamonds which he had received from the purser of the Elmina Castle, to whom I had sent him as my confidential agent. I had intended to deposit the diamonds with my banker, but when the prisoner arrived at my office, the banks were already closed, so I had to put the parcel, for the night, in my own safe. I may say that the prisoner was not in any way responsible for the delay."
"You are not here to defend the prisoner," said Sir Hector. "Answer my questions and make no comments, if you please. Was anyone present when you placed the diamonds in the safe?"
"No one was present but myself."
"I did not ask if you were present when you put them in," said Sir Hector (whereupon the spectators sniggered and the judge smiled indulgently). "What else did you do?"
"I wrote in pencil on a leaf of my pocket memorandum block, 'Handed in by Reuben at 7.3 p.m., 9.3.01,' and initialled it. Then I tore the leaf from the block and laid it on the parcel, after which I closed the safe and locked it."
"How soon did you leave the premises after this?"
"Almost immediately. The prisoner was waiting for me in the outer office—"
"Never mind where the prisoner was; confine your answers to what is asked. Did you take the keys with you?"
"Yes."
"When did you next open the safe?"
"On the following morning at ten o'clock."
"Was the safe locked or unlocked when you arrived?"
"It was locked. I unlocked it."
"Did you notice anything unusual about the safe?"
"No."
"Had the keys left your custody in the interval?"
"No. They were attached to a key-chain, which I always wear."
"Are there any duplicates of those keys?—the keys of the safe, I mean."
"No, there are no duplicates."
"Have the keys ever gone out of your possession?"
"Yes. If I have had to be absent from the office for a considerable time, it has been my custom to hand the keys to one of my nephews, whichever has happened to be in charge at the time."
"And never to any other person?"
"Never to any other person."
"What did you observe when you opened the safe?"
"I observed that the parcel of diamonds had disappeared."
"Did you notice anything else?"
"Yes. I found the leaf from my memorandum block lying at the bottom of the safe. I picked it up and turned it over, and then saw that there were smears of blood on it and what looked like the print of a thumb in blood. The thumb-mark was on the under-surface, as the paper lay at the bottom of the safe."
"What did you do next?"
"I closed and locked the safe, and sent a note to the police station saying that a robbery had been committed on my premises."
"You have known the prisoner several years, I believe?"
"Yes; I have known him all his life. He is my eldest brother's son."
"Then you can tell us, no doubt, whether he is left-handed or right-handed?"
"I should say he was ambidextrous, but he uses his left hand by preference."
"A fine distinction, Mr. Hornby; a very fine distinction. Now tell me, did you ascertain beyond all doubt that the diamonds were really gone?"
"Yes; I examined the safe thoroughly, first by myself and afterwards with the police. There was no doubt that the diamonds had really gone."
"When the detective suggested that you should have the thumb-prints of your two nephews taken, did you refuse?"
"I refused."
"Why did you refuse?"
"Because I did not choose to subject my nephews to the indignity. Besides, I had no power to make them submit to the proceeding."
"Had you any suspicions of either of them?"
"I had no suspicions of anyone."
"Kindly examine this piece of paper, Mr. Hornby," said Sir Hector, passing across a small oblong slip, "and tell us if you recognise it."
Mr. Hornby glanced at the paper for a moment, and then said—
"This is the memorandum slip that I found lying at the bottom of the safe."
"How do you identify it?"
"By the writing on it, which is in my own hand, and bears my initials."
"Is it the memorandum that you placed on the parcel of diamonds?"
"Yes."
"Was there any thumb-mark or blood-smear on it when you placed it in the safe?"
"No."
"Was it possible that there could have been any such marks?"
"Quite impossible. I tore it from my memorandum block at the time I wrote upon it."
"Very well." Sir Hector Trumpler sat down, and Mr. Anstey stood up to cross-examine the witness.
"You have told us, Mr. Hornby," said he, "that you have known the prisoner all his life. Now what estimate have you formed of his character?"
"I have always regarded him as a young man of the highest character—honourable, truthful, and in every way trustworthy. I have never, in all my experience of him, known him to deviate a hair's-breadth from the strictest honour and honesty of conduct."
"You regarded him as a man of irreproachable character. Is that so?"
"That is so; and my opinion of him is unchanged."
"Has he, to your knowledge, any expensive or extravagant habits?"
"No. His habits are simple and rather thrifty."
"Have you ever known him to bet, gamble, or speculate?"
"Never."
"Has he ever seemed to be in want of money?"
"No. He has a small private income, apart from his salary, which I know he does not spend, since I have occasionally employed my broker to invest his savings."
"Apart from the thumb-print which was found in the safe, are you aware of any circumstances that would lead you to suspect the prisoner of having stolen the diamonds?"
"None whatever."
Mr. Anstey sat down, and as Mr. Hornby left the witness-box, mopping the perspiration from his forehead, the next witness was called.
"Inspector Sanderson!"
The dapper police officer stepped briskly into the box, and having been duly sworn, faced the prosecuting counsel with the air of a man who was prepared for any contingency.
"Do you remember," said Sir Hector, after the usual preliminaries had been gone through, "what occurred on the morning of the tenth of March?"
"Yes. A note was handed to me at the station at 10.23 a.m. It was from Mr. John Hornby, and stated that a robbery had occurred at his premises in St. Mary Axe. I went to the premises and arrived there at 10.31 a.m. There I saw the prosecutor, Mr. John Hornby, who told me that a parcel of diamonds had been stolen from the safe. At his request I examined the safe. There were no signs of its having been forced open; the locks seemed to be quite uninjured and in good order. Inside the safe, on the bottom, I found two good-sized drops of blood, and a slip of paper with pencil-writing on it. The paper bore two blood-smears and a print of a human thumb in blood."
"Is this the paper?" asked the counsel, passing a small slip across to the witness.
"Yes," replied the inspector, after a brief glance at the document.
"What did you do next?"
"I sent a message to Scotland Yard acquainting the Chief of the Criminal Investigation Department with the facts, and then went back to the station. I had no further connection with the case."
Sir Hector sat down, and the judge glanced at Anstey.
"You tell us," said the latter, rising, "that you observed two good-sized drops of blood on the bottom of the safe. Did you notice the condition of the blood, whether moist or dry?"
"The blood looked moist, but I did not touch it. I left it undisturbed for the detective officers to examine."
The next witness called was Sergeant Bates, of the Criminal Investigation Department. He stepped into the box wit
h the same ready, business-like air as the other officer, and, having been sworn, proceeded to give his evidence with a fluency that suggested careful preparation, holding an open notebook in his hand but making no references to it.
"On the tenth of March, at 12.8 p.m., I received instructions to proceed to St. Mary Axe to inquire into a robbery that had taken place there. Inspector Sanderson's report was handed to me, and I read it in the cab on my way to the premises. On arriving at the premises at 12.30 p.m., I examined the safe carefully. It was quite uninjured, and there were no marks of any kind upon it. I tested the locks and found them perfect; there were no marks or indications of any picklock having been used. On the bottom of the inside I observed two rather large drops of a dark fluid. I took up some of the fluid on a piece of paper and found it to be blood. I also found, in the bottom of the safe, the burnt head of a wax match, and, on searching the floor of the office, I found, close by the safe, a used wax match from which the head had fallen. I also found a slip of paper which appeared to have been torn from a perforated block. On it was written in pencil, 'Handed in by Reuben at 7.3 p.m. 9.3.01. J.H.' There were two smears of blood on the paper and the impression of a human thumb in blood. I took possession of the paper in order that it might be examined by the experts. I inspected the office doors and the outer door of the premises, but found no signs of forcible entrance on any of them. I questioned the housekeeper, but obtained no information from him. I then returned to headquarters, made my report and handed the paper with the marks on it to the Superintendent."
"Is this the paper that you found in the safe?" asked the counsel, once more handing the leaflet across.
"Yes; this is the paper."
"What happened next?"
"The following afternoon I was sent for by Mr. Singleton, of the Finger-print Department. He informed me that he had gone through the files and had not been able to find any thumb-print resembling the one on the paper, and recommended me to endeavour to obtain prints of the thumbs of any persons who might have been concerned in the robbery. He also gave me an enlarged photograph of the thumb-print for reference if necessary. I accordingly went to St. Mary Axe and had an interview with Mr. Hornby, when I requested him to allow me to take prints of the thumbs of all the persons employed on the premises, including his two nephews. This he refused, saying that he distrusted finger-prints and that there was no suspicion of anyone on the premises. I asked if he would allow his nephews to furnish their thumb-prints privately, to which he replied, 'Certainly not.'"
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