Burnaby was quite recovered, though rather torpid from the effects of the morphine. But my news roused him most effectually. In a moment he was out of bed, hurriedly preparing to dress; and though his pale, set face told how deeply the catastrophe had shocked him, he was quite collected and had all his wits about him.
"It's of no use letting our emotions loose, doctor," said he, in reply to my expressions of sympathy. "Margaret is in a very dangerous position. You have only to consider what she is—a young, beautiful woman—and what I am, to realise that. We must act promptly. I shall go and see her father; he is a very capable lawyer; and we must get a first-class counsel."
This seemed to be an opportunity for mentioning Thorndyke's peculiar qualifications in a case of this kind, and I did so. Burnaby listened attentively, apparently not unimpressed; but he replied cautiously: "We shall have to leave the choice of the counsel to Harratt; but if you care, meanwhile, to consult with Dr. Thorndyke, you have my authority. I will tell Harratt."
On this I took my departure, not a little relieved at the way he had taken the evil tidings; and as soon as I had disposed of the more urgent part of my work, I betook myself to Thorndyke's chambers, just in time to catch him on his return from the Courts.
"Well, Jardine," he said, when I had brought the history up to date, "what is it that you want me to do?"
"I want you to do what you can to establish Mrs. Burnaby's innocence," I replied.
He looked at me reflectively for a few moments; then he said, quietly but rather significantly: "It is not my practice to give ex parte evidence. An expert witness cannot act as an advocate. If I investigate the evidence in this case, it will have to be at your risk, as representing the accused, since any fact, no matter how damaging, which is in the possession of the witness must be disclosed in accordance with the terms of the oath, to say nothing of the obvious duty of every person to further the ends of justice. Speaking as a lawyer, and taking the known facts at their face value, I do not advise you to employ me to investigate the case at large. You might find that you had merely strengthened the hand of the prosecution.
"But I will make a suggestion. There seems to me to be in this case a very curious and interesting possibility. Let me investigate that independently. If my inquiries yield a positive result, I will let you know and you can call me as a witness. If they yield a negative result, you had better leave me out of the case."
To this suggestion I necessarily agreed; but when I took my leave of Thorndyke I went away with a sense of discouragement and failure. His reference to "the face value of the known facts" clearly implied that those facts were adverse to the accused; while the "curious possibility" suggested nothing but a forlorn hope from which he had no great expectations.
I need not follow the weary business in detail. At the first hearing before the magistrate the police merely stated the charge and gave evidence of arrest, both they and the defence asking for a remand and neither apparently desiring to show their hand. Accordingly the case was adjourned for seven days, and as bail was refused, the prisoner was detained in custody.
During those seven dreary days I spent as much time as I could with Burnaby, and though I was filled with admiration of his fortitude and self-control, his drawn and pallid face wrung my heart. In those few days he seemed to have changed into an old man. At his house I also met Mr. Harratt, Mrs. Burnaby's father, a fine, dignified man and a typical old lawyer; and it was unspeakably pathetic to see the father and the husband of the accused woman each trying to support the courage of the other while both were torn with anxiety and apprehension. On one occasion Mr. Parker was present and looked more haggard and depressed than either. But Mr. Harratt's manner towards him was so frigid and forbidding that he did not repeat his visit. At these meetings we discussed the case freely, which was a further affliction to me. For even I could not fail to see that any evidence that I could give directly supported the case for the prosecution.
So six of the seven days ran out, and all the time there was no word from Thorndyke. But on the evening of the sixth day I received a letter from him, curt and dry, but still giving out a ray of hope. This was the brief message:
"I have gone into the question of which I spoke to you and consider that the point is worth raising. I have accordingly written to Mr. Harratt advising him to that effect."
It was a somewhat colourless communication. But I knew Thorndyke well enough to realise that his promises usually understated his intentions. And when, on the following morning, I met Mr. Harratt and Burnaby at the court, something in their manner—a new vivacity and expectancy—suggested that Thorndyke had been more explicit in his communication to the lawyer. But, all the same, their anxiety, for all their outward courage, was enough to have touched a heart of stone.
The spectacle that that court presented when the case was called forms a tableau that is painted on my memory in indelible colours. The mingling of squalor and tragedy, of frivolity and dread solemnity—the grave magistrate on the bench, the stolid policemen, the busy, preoccupied lawyers, and the gibbering crowd of spectators, greedy for sensation, with eager eyes riveted on the figure in the dock—offered such a medley of contrasts as I hope never to look upon again.
As to the prisoner herself, her appearance brought my heart into my mouth. Rigid as a marble statue and nearly as void of colour, she stood in the dock, guarded by two constables, looking with stony bewilderment on the motley scene, outwardly calm, but with the calm of one who looks death in the face; and when the prosecuting counsel rose to open the case for the police, she looked at him as a victim on the scaffold might look upon the executioner.
As I listened to the brief opening address, my heart sank, though the counsel, Sir Harold Layton, K.C., presented his case with that scrupulous fairness to the accused that makes an English court of justice a thing without parallel in the world. But the mere facts, baldly stated without comment, were appalling. No persuasive rhetoric was needed to show that they led direct to the damning conclusion.
Frank Burnaby, an elderly man, married to a young and beautiful woman, had on three separate occasions had administered to him a certain deadly poison, to wit, atropine. It would be proved that he had suffered from the effects of that poison; that the symptoms followed the taking of certain articles of food of which he alone had partaken; that the said food did actually contain the said poison; and that the food which contained the poison was specially prepared for his sole consumption by his wife, the accused, with her own hands. No evidence was at present available as to how the accused obtained the poison or that she had any such poison in her possession, nor would any suggestion be offered as to the motive of the crime. But, on the evidence of the actual administration of the poison, he would ask that the prisoner be committed for trial. He then proceeded to call the witnesses, of whom I was naturally the first. When I had been sworn and given my description, the counsel asked a few questions which elicited the history of the case and which I need not repeat. He then continued:
"Have you any doubt as to the cause of Mr. Burnaby's symptoms?"
"No. They were certainly due to atropine poisoning."
"Has Mr. Burnaby any constitutional peculiarity in respect of atropine?"
"Yes. He is abnormally susceptible to the effects of atropine."
"Was this peculiar susceptibility known to the accused?"
"Yes. It was communicated to her by me."
"Was it known, so far as you are aware, to any other persons?"
"Mr. Parker was present when I told her, and Mr. Burnaby and his brother, Dr. Burnaby, were also informed."
"Is there any way, so far as you know, in which the accused could have obtained possession of atropine?"
"Only by having the oculist's prescription for the eye-drops made up."
"Do you know of any medium, other than the food, by which atropine might have been taken by Mr. Burnaby?"
"I do not," I replied; and this concluded my evidence. But as I stepped out of the
witness-box, I reflected gloomily that every word that I had spoken was a rivet in the fetters of the silent figure in the dock.
The next witness was the cook. She testified that she had killed and skinned the rabbit and had then handed it to the accused, who made it into a fricassee and prepared it for the table. Witness took no part in the preparation and she was absent from the kitchen on one occasion for several minutes, leaving the accused there alone.
When the cook had concluded her evidence, the name of James Burnaby was called, and the doctor entered the witness-box, looking distinctly uncomfortable, but grim and resolute. The first few questions elicited the circumstances of his visit to his brother's house and of the sudden attack of illness. That illness he had at once recognised as acute atropine poisoning, and had assumed that the poison was in the specially prepared food.
"Did you take any measures to verify this opinion?" counsel asked.
"Yes. As soon as I was alone, I took part of the remainder of the rabbit and put it in a glass jar which I found on the mantelpiece and which I first rinsed out with water. Later, I carried the sample of food to Professor Berry, who analysed it in my presence and found it to contain atropine. He obtained from it a thirtieth of a grain of atropine sulphate."
"Is that a poisonous dose?"
"Not to an ordinary person, though it is considerably beyond the medicinal dose. But it would have been a poisonous dose to Frank Burnaby. If he had swallowed this, in addition to what he had already taken, I feel no doubt that it would have killed him."
This concluded the case for the prosecution, and a black case it undoubtedly looked. There was no cross-examination; and as Thorndyke had arrived some time previously and conferred with Mr. Harratt and his counsel, I concluded that the defence would take the form of a counter-attack by the raising of a fresh issue. And so it turned out.
When Thorndyke entered the witness-box and had disposed of the preliminaries, the counsel for the defence "gave him his head."
"You have made certain investigations in regard to this case, I believe?"
Thorndyke assented, and the counsel continued: "I will not ask you specific questions, but will request you to describe your investigations and their result, and tell us what caused you to make them."
"This case," Thorndyke began, "was brought to my notice by Dr. Jardine, who gave me all the facts known to him. These facts were very remarkable, and, taken together, they suggested a possible explanation of the poisoning. There were four striking points in the case. First, there was the very unusual nature of the poison. Second, the abnormal susceptibility of Mr. Burnaby to this particular poison. Third, the fact that all the food in which the poison appeared to have been conveyed came from the same source: it was sent by Mr. Cyril Parker. Fourth, that food consisted of pigeon's eggs, pigeon's flesh, and rabbit's flesh."
"What is there remarkable about that?" the counsel asked.
"The remarkable point is that the pigeon and the rabbit have an extraordinary immunity to atropine. Most vegetable-feeding birds and animals are more or less immune to vegetable poisons. Many birds and animals are largely immune to atropine; but among birds the pigeon is exceptionally immune, while the rabbit is the most extreme instance among animals. A single rabbit can take without the slightest harm more than a hundred times the quantity of atropine that would kill a man; and rabbits habitually feed freely on the leaves and berries of the belladonna or deadly nightshade."
"Does the deadly nightshade contain atropine?" the counsel asked.
"Yes. Atropine is the active principle of the belladonna plant and gives to it its poisonous properties."
"And if an animal, such as a rabbit, were to feed on the nightshade plant, would its flesh be poisonous?"
"Yes. Cases of belladonna poisoning from eating rabbit have been recorded—by Firth and Bentley, for instance."
"And you suspected that the poison in this case had been contained in the pigeon and the rabbit themselves?"
"Yes. It was a striking coincidence that the poisoning should follow the consumption of these two specially immune animals. But there was a further reason for connecting them. The symptoms were strictly proportionate to the probable amount of poison in each case. Thus the symptoms were only slight after eating the pigeon's eggs. But the eggs of a poisoned pigeon could contain only a minute quantity of the poison. After eating the pigeon the symptoms were much more severe, and the body of a pigeon which had fed on belladonna would contain much more atropine than could be contained in an egg. Finally, after eating the rabbit, the symptoms were extremely violent; but a rabbit has the greatest immunity and is the most likely to have eaten large quantities of belladonna leaves."
"Did you take any measures to put your theory to the test? "
"Yes. Last Monday I went to Eltham, where I had ascertained that Mr. Cyril Parker lives, and inspected his premises from the outside. At the end of his garden is a small paddock enclosed by a wall. Approaching this across a meadow and looking over the wall, I saw that the enclosure was provided with small fowl-houses, pigeon-cotes, and rabbit hutches. All these were open and their inmates were roaming about the paddock. On one side of the enclosure, by the wall was a dense mass of deadly nightshade plants, extending the whole length of the wall and about a couple of yards in width. At one part of this was a ring fence of wire netting, and inside it were five half-grown rabbits, There was a basket containing a small quantity of cabbage leaves and other green stuff, but as I watched, I saw the young rabbits browsing freely on the nightshade plants in preference to the food provided for them.
"On the following day I went to Eltham again taking with me an assistant who carried a young rabbit in a small hamper. We watched the paddock until the coast was clear. Then my assistant got over the wall and abstracted a young rabbit from inside the ring fence and handed it to me.
He then took the rabbit from the hamper and dropped it inside the fence.
As soon as we were clear of the meadow, we killed the captured rabbit—to prevent any possible elimination of any poison that it might have swallowed. On arriving in London, I at once took the dead rabbit to St. Margaret's Hospital, where, in the chemical laboratory, and in the presence of Dr. Woodford, the Professor of Chemistry, I skinned it and prepared it as if for cooking by removing the viscera. I then separated the flesh from the bones and handed the former to Dr. Woodford, who, in my presence, carried out an exhaustive chemical test for atropine. The result was that atropine was found to be present in all the muscles; and, on making a quantitative test, the muscles alone yielded no less than .93 grain."
"Is that a poisonous dose?" the counsel asked.
"Yes; it is a poisonous dose for a normal man. In the case of an abnormally susceptible person like Mr. Burnaby it would certainly be a fatal dose."
This completed Thorndyke's evidence. There was no cross and the magistrate put no questions. When Dr. Woodford had been called and had given confirmatory evidence, Mrs. Burnaby's counsel proceeded to address the bench. But the magistrate cut him short.
"There is really no case to argue," said he. "The evidence of the expert witnesses makes it perfectly clear that the poison was already in the food when it came into the hands of the accused. Consequently the charge against her of introducing the poison falls to the ground and the case must be dismissed. I am sure everyone will sympathise with the unfortunate lady who has been the victim of these extraordinary circumstances, and will rejoice, as I do, at the clearing up of the mystery. The prisoner is discharged."
It was a dramatic moment when, amidst the applause of the spectators, Mrs. Burnaby stepped down from the dock and clasped her husband's outstretched hand But, overwhelmed as they both were by the sudden relief, I thought it best not to linger, but, after congratulations, to take myself off with Thorndyke, But one pleasant incident I witnessed before I went Dr. Burnaby had been standing apart, evidently some what embarrassed, when suddenly Mrs. Burnaby ran to him and held out her hand.
"I suppose, Margaret,"
he said gruffly, "you think I'm an old beast?"
"Indeed I don't," she replied. "You acted quite properly, and I respect you for having the moral courage to do it. And don't forget, Jim, that your action has saved Frank's life. But for you, there would have been no Dr. Thorndyke; and but for Dr. Thorndyke, there would have been another poisoned rabbit."
"What do you make of this case?" I asked, as Thorndyke and I walked away from the court. "Do you suppose the poisoning was accidental?
He shook his head. "No, Jardine," he replied. "There are too many coincidences. You notice that the poisoned animals did not appear until after Mr Parker had learned from you that Burnaby was abnormally sensitive to atropine and could consequently be poisoned by an ordinary medicinal dose. Then the sending of the animals alive looks like a precaution divert suspicion from himself and confuse the issue Again, that ring fence among the belladonna plans has a fishy look, and the plants themselves were not only abnormally numerous but many of them very young and looked as if they had been planted. Further, I happen to know that Parker's firm published, only last year, a book on toxicology in which the immunity of pigeons and rabbits was mentioned and which Parker probably read."
"Then do you believe that he intended to let Mrs. Burnaby—the woman with whom he was in love—bear the brunt of his crime? It seems incredibly villainous and cowardly."
"I do not," he replied. "I imagine that the rabbit that I captured, or one of the others, would have been sent to Burnaby in a few days' time. The cook would probably have prepared it for him and it would almost certainly have killed him; and his death would have been proof of Mrs. Burnaby's innocence. Suspicion would have been transferred to the cook. But I don't suppose any action will be taken against him, for it is practically certain that no jury would convict him on my evidence."
Thorndyke was right in his opinion. No proceedings were taken against Parker. But the house of the Burnabys knew him no more.
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