“Now, how did that stick get into that cupboard, and when was it put there? You have heard Mr. Isaacs swear that it was not there when he made out the inventory, and you will probably agree that he could hardly be mistaken. A stick is a fairly large and conspicuous object, whereas he was searching for a small and inconspicuous one. Clearly the stick was put into the cupboard after his search was made. But when he had finished, the chambers were locked up, and the keys remained in his possession until he delivered them up to Helen Otway. Bearing these facts in mind, you have to consider whether you can accept Mrs. Otway’s statement, or whether it is more probable that she took the stick to the chambers, and put it into the cupboard herself.
“We now come to the incidents of that terrible night. What really happened in those chambers on that occasion will probably never be known. But the accounts that we have are full of sinister suggestions. We cannot, for instance, but note the fact that after this, the first and only visit from his wife, Lewis Otway made away with himself. Why he did the dreadful deed on this particular: occasion, and at this particular time, is not clear. According to his wife’s account he was much calmer, and more cheerful after their talk, and she left him peacefully asleep. That is what she has told us. But what are the facts? Within an hour or two hours after she had left, his dead body was hanging from that peg. Nay! There is even a more dreadful possibility. The medical witness has told us that death took place about eleven, ‘But it might have been an hour later or earlier.’ So that it is physically possible—since Mrs. Otway left the chambers about ten—that the suicide may have actually taken place before she left. It is a horrible suggestion, and I should not have made it but for the fact that there are certain appearances which seem to support it.
“You must have been struck by the singular circumstance that when Mrs. Otway took her departure she left the gas full on, and the bedroom door open. You have heard her explanation, but we are not concerned with that for the moment. The remarkable thing is that in the morning, the gas was still full on, and the bedroom door still open. Now how could that have been? If deceased was asleep when his wife left, then he must have arisen, made his preparations, and finally hanged himself, not only with the gas full on—which might easily have been the case—but with the door open, which is improbable in the extreme. Men do not usually commit suicide coram publico. Commonly suicides lock themselves in their rooms or otherwise seek security from interruption. Yet this man, whose bedroom opened directly into the living-room and whose housekeeper might still have been about, cuts down the bell-rope, arranges the chair and hangs himself, all in a brightly-lighted room with the door open. It is certainly against common probabilities.
“But there are other suggestions of a similar tendency. If the fully-lighted gas and the open door suggest a hurried and agitated departure, so does the forgotten hand-bag containing the purse. And you will have noted that Mrs. Otway remembered that she had left her purse behind when she hailed a cab at the corner of Holywell Street. Now why did she not go back for it? She was quite near Lyon’s Inn. She could have left the cab waiting, or brought it to the gate. She says she did not like to disturb Mrs. Gregg. But she has also said that she thought that Mrs. Gregg was still up and about. The explanation is not convincing, but on the other hand there is a strong suggestion of dislike to the idea of going back—a dislike which we can understand well enough if we believe that the tragedy had already been enacted, and that the body was even then hanging on the wall.
“Then, too, the disappearance of the precious stones points in the same direction. They might have been taken when the deceased was asleep; but the theft would have been far easier if he was dead. But, of course, we cannot say with certainty that Helen Otway took the stones. We can only consider the evidence. That evidence, however, is almost overwhelmingly strong. It goes to show that the stones were in the deed-box within half-an-hour of Helen Otway’s arrival. There is no reason to suppose they were then removed. It is practically certain that they were there when she arrived, and they were never seen there or anywhere else after she left. And there is a further corroborative circumstance. To ordinary persons unmounted precious stones illicitly obtained are difficult to dispose of. But this woman is not an ordinary person; she is a working goldsmith and jeweller who buys her own materials and sells the finished works to individual buyers. She could easily dispose of stolen gems in a manner that would render them untraceable.
“The theft of these stones is not directly our business. It is that of the police. But indirectly it is of great importance. For it furnishes strong support to the suggestion that deceased was already dead when Helen Otway took her hurried departure. But what is the importance of that suggestion? The answer to that question will be found in the consideration of certain further facts and certain points of criminal law.
“First, we must notice that if deceased committed suicide while Helen Otway was in the chambers, he must have done so with her consent and connivance. But was it only a matter of consent? Is there not a suggestion that some direct means may have been employed to induce or compel him to commit suicide? On this point we have very little information. But we have the evidence of Rachel Goldstein or Gregg that she overheard the conversation between Helen Otway and deceased on two separate occasions; and that on both occasions they seemed to be talking about suicide. There seems to be a strong suggestion that some active, direct, means were employed: persuasion, threats, or perhaps the mysterious agency of suggestion. We cannot say that it was so; but it would be in close agreement with the known circumstances and quite consistent with the course of action exhibited by the anonymous letters.
“Supposing such active, direct means to have been employed, what degree of criminal responsibility would their employment entail? With regard to the letters, though the moral responsibility for their effect is beyond question, I should hesitate to give an opinion as to the exact legal position. But in the case of direct means there is no doubt at all. The law on the subject is quite clear. Let us consider it for a moment.
“First as to the legal nature of suicide. In law, suicide is murder. It has been expressly laid down that a person cannot commit manslaughter on himself. But since suicide is necessarily murder, it follows that any person who is accessory to suicide is accessory to murder. If such person aids or abets any other person in so killing himself, that person is an accessory before the fact, or a principal in the second degree in the murder so committed; an accessory before the fact being defined as one who directly or indirectly counsels, procures, or commands any person to commit any felony or piracy which is committed in consequence of such counselling, procuring, or commandment.
“Here, then, is the importance of the matter. The criminal responsibility attaching to the anonymous letters may be involved in some obscurity; but if it can be proved that any person counselled, procured, or commanded the deceased to kill himself, that person can be dealt with as a principal in the second degree in the murder of deceased. It is for you to say whether, in your judgment, such action can be proved in the case of any person, and if so, who that person is.
“There is only one more item of evidence that I shall refer to, and that I shall touch upon only lightly. You have heard the witness Rachel Goldstein state that when she informed Helen Otway that deceased had hanged himself, Mrs. Otway fell down in a dead faint. You have heard the explanation that Mrs. Otway gave, and you must decide what weight you attach to it; whether you can regard this fainting as due to the shock of an unexpected tragedy, or as the culminating effect of prolonged and extreme nervous tension. In any case, its evidential value is but small.
“And now, as our expert witness has still not arrived, let us take a last look over the evidence to see what material we have for our verdict.” Here the coroner paused, a laying a number of sheets of paper in a row before him glanced rapidly through them.
I watched him with a dreadful fascination, even as a bird might watch the stealthy approach of a snake, terrified, b
ut despairing of any hope of escape. So I had listened to this terrible summing-up—all false and erroneous in detail, but so horribly true in regard to the central fact. Through that dense fog of error and false appearances the coroner had seen the essential truth; that Lewis Otway had gone to his death at my bidding. Like some great spider he had wound around me a network of horrid entanglements; and now he was about to wind up the final turns.
At length he looked up, and laid his hand on one of the papers. Then he turned once more towards the jury and began his summary of the evidence. And at that moment, unnoticed, apparently, by anyone save myself, Dr. Thorndyke entered silently by a side door, and seated himself on a vacant chair.
CHAPTER XXVIII
The Verdict
The arrival of Dr. Thorndyke seemed to me to close the last avenue of escape. The coroner had guessed at my guilty secret, but he only offered his guess as a speculative possibility on which no decisive opinion could be founded. But Dr. Thorndyke was not a guesser. If he had penetrated to that secret he would offer no speculative probabilities, but definite evidence, which would reduce the matter to certainty.
It was a terrible thought. Self-accusation—the denunciations of a guilty conscience—had been dreadful enough. But there is a world of difference between self-accusation in secret and a public criminal indictment; between calling oneself a murderess, and standing in the dock to answer the charge.
During the coroner’s address I furtively watched Dr. Thorndyke. But I could gather nothing from his face. As he sat motionless, with his eyes steadily bent on the coroner, his expression denoted nothing but a grave and concentrated attention. After the first quick glance round the court, he never looked at me. What was in his mind I could not guess, though I felt that he held my fate in the hollow of his hand.
“There is no need, gentlemen,” the coroner began, “for us to go through the mass of evidence again. We have looked over it as a whole, and we have seen that certain striking suggestions emerge from it. In our last glance we have to bring those suggestions to a definite focus. Our inquiry deals with a man who committed suicide, but the appearances suggest that that suicide was not a voluntary, spontaneous act, but was the effect of a compelling force exerted by some other person.
“Who was that other person? The compelling force seems to have been exerted by means of certain menacing letters. The person who procured the suicide of deceased was therefore the writer of those letters. Now who was the writer of those letters? The question is best answered by asking certain other questions.
“First: Had deceased any enemies? Well, we know of one, and one only. His wife, Helen Otway, has confessed to a deep repugnance to him. She had suffered grievous injuries at his hands, and she resented those injuries profoundly.
“Second: Who gained most by his death? Again, the answer is his wife, Helen Otway.
“Third: Did anyone stand to gain in any other way by his death? The answer again is yes; and the person who stood to gain—by liberation from an intolerable bondage—was Helen Otway.
“Fourth: Who could have written those letters? who possessed the secret knowledge that those letters exhibit? Only one such person is known to us besides deceased himself. That person is Helen Otway.
“Fifth: Who was the last person who was with him before his death? Again the answer is, Helen Otway.
“Sixth: Is there any evidence of the use of more direct means to procure or compel this act of suicide? And if so, by whom do those means appear to have been employed? The answer is that there is such evidence, and that the person who appears to have used those means is Helen Otway. There is evidence suggesting that she was actually present when the suicide took place; there is evidence of a hurried flight and unwillingness to return for the purse that she had left behind; there is the open door, the lighted gas, and the missing jewels, which were in the chambers when she arrived, and which were never seen after she left. And then there is the mysterious stick which had vanished, and which reappeared so strangely after her unexplained visit to the chambers.
“That, gentlemen, is in brief the whole of the evidence with the exception of that relating to John Vardon’s death. That evidence is important to this enquiry; for if it should be proved that John Vardon was killed by Lewis Otway, and that Helen Otway was privy to the homicide, that would furnish a further motive for procuring the suicide of deceased—the motive of the removal of the sole accomplice in a serious crime. But that evidence is not vitally important, and it is for you to decide whether you will still await the arrival of Dr. Thorndyke, or whether you will proceed to consider your verdict on the evidence that you have heard.”
As the coroner concluded, Dr. Thorndyke rose and advanced to the table, placing on an empty chair a small green-covered suitcase. The coroner looked up at him sharply and with somewhat definitely unfriendly recognition.
“How long have you been here, sir?” the former demanded.
“About seven minutes,” Dr Thorndyke replied glancing at his watch. “You were just beginning your summary when I entered.”
“You should have announced your arrival immediately,” said the coroner. “However, as you are here, you had better take the oath, and give your evidence without further delay.”
The coroner’s brusque, and even rude manner, did not appear to disturb Dr. Thorndyke in the smallest degree. With the same impassive expression and quiet, composed demeanour, he took the oath and disposed of the usual preliminaries.
“We understand,” said the coroner, “that you have made an examination of the body of the late John Vardon.”
“Yes, I proceeded to Maidstone on instructions from the Home Office and conducted an exhumation of the body of John Vardon, of which I then made an examination. The object of the proceeding was to ascertain whether the cause of death had been correctly stated at the inquest.”
“And what was the result of your examination—I don’t think we want minute details.”
“I found that the cause of death was, as stated at the inquest by the medical witnesses, failure of an extremely dilated heart. There was a small wound on the right side of the forehead adjoining the temple, which I examined very thoroughly. It was a glancing wound caused by a very oblique impact, and was such a wound as might have been produced in the manner described—by striking the corner of the mantelpiece in falling. There was no injury to the bone nor to the brain or its membranes. It was quite a trivial wound, and was not either wholly or partially the cause of death.”
“Could that wound have been caused by a blow with a loaded stick?”
“I should say not. It was an oblique tear in the scalp and was apparently produced by some object more angular than the knob of a stick.”
“Well,” said the coroner, “that seems to dispose of the question of Mr. Vardon’s death. It is a thousand pities that it was not cleared up more completely at the time. However, it is cleared up now; and that, really, is all, I think, that we want you to tell us, unless you have some other information. I understand that you had a sort of roving commission to investigate the matter of this enquiry?”
“I received instructions to make certain investigations with a view to my giving evidence at this inquest, and I have made such investigations as seemed to me to be necessary.”
“Yes, you have, in fact, held a sort of one-man inquest on your own account. Well, the question is, do you suppose that you are in a position to tell us anything that we do not know already?”
“I am quite sure that I am. If you will allow me to present a summary of the facts in my possession—”
“I shall allow nothing of the kind. You will be good enough to answer questions like any other witness.”
Dr. Thorndyke bowed with the same immovable serenity, and the coroner proceeded with his examination.
“Have you had much experience of cases of suicide?”
“I have.”
“Have you had personal experience of any cases in which the suicidal act was procured, or brough
t about, by acts of persons other than the suicide, performed by them with deliberate intent?”
“Yes, I have had experience of several such cases.”
“In those cases, what methods were used to procure the other person to commit suicide?”
“The majority were cases in which two persons agreed mutually to commit suicide together. In the less common cases in which the procurer did not propose to commit suicide, the method employed was usually some form of suggestion.”
“Can you give us an instance of the employment of suggestion?”
“A very typical case occurred in my practice some years ago. A young man, who had a strong inherited predisposition to suicide, was caused by certain persons, who stood to benefit very considerably by his death, to make away with himself. The method adopted was this: The victim was made to believe that a certain Chinese jewel in his possession carried a curse; that all previous owners of it had hanged themselves, and that the appointed time for the suicide was made known by the apparition of a dead mandarin. When by frequent repetitions of this story the suitable state of mind had been produced, one of theses persons dressed himself in a mandarin’s costume and presented himself to the victim, with the result that, within an hour or two, the latter hanged himself.”
“In that case,” observed the coroner, “the suggestion seems to have been in two stages. Is that usual?”
“One could hardly call it usual, as the cases are so rare. But it is the most obvious and effective method—to produce a suicidal state of mind by preparatory suggestion, and then, as it were, to explode the mine by a definite determining suggestion.”
The First R. Austin Freeman Megapack: 27 Mystery Tales of Dr. Thorndyke & Others Page 229
