CHAPTER IX

Previous

At the inquest on the body of Sir Horace Fewbanks, which was held at the Hampstead Police Court, there was an odd mixture of classes in the crowd that thronged that portion of the court in which the public were allowed to congregate. The accounts of the crime which had been published in the press, and the atmosphere of mystery which enshrouded the violent death of one of the most prominent of His Majesty's judges, had stirred the public curiosity, and therefore, in spite of the fact that every one was supposed to be out of town in August, the attendance at the court included a sprinkling of ladies of the fashionable world, and their escorts.

Both branches of the legal profession were numerously represented. All of the victim's judicial colleagues were out of town, and though some of them intended as a mark of respect for the dead man to come up for the funeral, which was to take place two days later, they were too familiar with legal procedure to feel curiosity as to the working of the machinery at a preliminary inquiry into the crime. They were emphatic among their friends on the degeneracy of these days which rendered possible such an outrageous crime as the murder of a High Court judge. The fact that it was without precedent in the history of British law added to its enormity in the eyes of gentlemen who had been trained to worship precedent as the only safe guide through the shifting quicksands of life. They were insistent on the urgency of the murderer being arrested and handed over to Justice in the person of the hangman, for—as each asked himself—where was this sort of crime to end? In spite of the degeneracy of the times they were reluctant to believe in such a far-fetched supposition as the existence of a band of criminals who, in revenge for the judicial sentences imposed on members of their class, had sworn to exterminate the whole of His Majesty's judges; but, until the murderer was apprehended and the reason for the crime was discovered, it was impossible to say that the English judicature would not soon be called upon to supply other victims to criminal violence. The murder of a judge seemed to them a particularly atrocious crime, in the punishment of which the law might honourably sacrifice temporarily its well-earned reputation for delay.

The bar was represented chiefly by junior members. The senior members were able to make full use of the long vacation, spending it at health resorts or in the country, but the incomes of the young shoots of the great parasitical profession did not permit them to enjoy more than a brief holiday out of town. Of course it would never have done for them to admit even to each other that they could not afford to go away for an extended holiday, and therefore they told one another in bored tones that they had not been able to make up their minds where to go. The junior bar included old men, who, through lack of influence, want of energy, want of advertisement, want of ability, or some other deficiency, had never earned more than a few guineas at their profession, though they had spent year after year in chambers. They lived on scanty private means. Broken in spirit they had even ceased to attend the courts in order to study the methods and learn the tricks of successful counsel. But the murder of a High Court judge was a thing which stirred even their sluggish blood, and in the hope of some sensational development they had put on faded silk hats and shabby black suits and gone out to Hampstead to attend the inquest.

The interest of the junior bar in the crime was as personal as that of the members of the Judicial Bench, though it manifested itself in an entirely different direction. They speculated among themselves as to who would be appointed to the vacancy on the High Court Bench. A leading K.C. with a political pull would of course be selected by the Attorney-General, but there were several K.C.'s who possessed these qualifications, and therefore there was room for differences of opinion among the junior bar as to who would get the offer. The point on which they were all united was that vacancies of the High Court Bench were a good thing for the bar as a whole, for they removed leading K.C.'s, and the dispersion of their practice was like rain on parched ground. Metaphorically speaking, every one—including even the junior bar—had the chance of getting a shove up when a leading K.C. accepted a judicial appointment. Some of the more irreverent spirits among the junior bar, in drawing attention to the fact that Sir Horace Fewbanks had been one of the youngest members of the High Court Bench, expressed the hope that the shock of his death would be felt by some of the extremely aged members of the bench who were too infirm in health to be able to stand many shocks.

The members of the junior bar chatted with the representatives of the lower branch of the profession who ranged from articled clerks whose young souls had not been entirely dried up by association with parchment, to hard old delvers in dusty documents who had lived so long in the legal atmosphere of quibbling, obstruction, and deceit, that they were as incapable of an honest impetuous act as of an illegal one. The gossip concerning the murdered judge in which the two branches of the profession joined had reference to his moral character in legal circles. There had always been gossip of the kind in his life-time. Sir Horace's judicial reputation was beyond reproach and he had known his law a great deal better than most of his judicial colleagues. Comparatively few of his decisions had been upset on appeal. But every one about the courts knew that he was susceptible to a pretty feminine face and a good figure.

Many were the conflicts that arose in court between bench and bar as the result of Mr. Justice Fewbanks's habit of protecting pretty witnesses from cross-examining questions which he regarded as outside the case. There was no suggestion that his judicial decisions were influenced by the good looks of ladies who were parties to the cases heard by him, but there were rumours that on occasions the relations between the judge and a pretty witness begun in court had ripened into something at which moral men might well shake their heads.

While the members of the legal profession struggled to obtain seats in the body of the court, an entirely different class of spectators struggled to get into the gallery. For the most part they were badly dressed men who needed a shave, but there were a few well-dressed men among them, and also a few ladies. Detective Rolfe took a professional interest in the occupants of the gallery. "What a collection of crooks," he whispered to Inspector Chippenfield. "A regular rogues' gallery. Look—there is 'Nosey George'; it is time he was in again. And behind him is that cunning old 'drop' Ikey Samuels—I wish we could get him. Look at the other end of the first row. Isn't that 'Sunny Jim'? I hardly knew him. He's grown a beard since he's been out. We'll soon have it off again for him. He's got the impudence to scowl at us. He'll lay for you one of these nights, Inspector."

The judicial duties of the murdered man had been concerned chiefly with civil cases at the Royal Courts of Justice, but when the criminal calendar had been heavy he had often presided at Number One Court at the Old Bailey. It was this fact which had given the criminal class a sort of personal interest in his murder and accounted for the presence of many well-known criminals who happened to be out of gaol at the time. The spectators in the gallery included men whom the murdered man had sentenced and men who had been fortunate enough to escape being sentenced by him owing to the vagaries of juries. There were pickpockets, sneak thieves, confidence men, burglars, and receivers among the occupants of the gallery, and many of them had brought with them the ladies who assisted them professionally or presided over their homes when they were not in gaol.

"I wouldn't be surprised if the man we want is among that bunch," said
Rolfe to Inspector Chippenfield.

"You've a lot to learn about them, my boy," said his superior.

"There is Crewe up among them," continued Rolfe. "I wonder what he thinks he's after."

Inspector Chippenfield gave a glance in the direction of Crewe, but did not deign to give any sign of recognition. The fact that Crewe by his presence in the gallery seemed to entertain the idea that the murderer might be found among the occupants of that part of the court could not be as lightly dismissed as Rolfe's vague suggestion. It annoyed Inspector Chippenfield to think that Crewe might be nearer at the moment to the murderer than he himself was, even though that proximity was merely physical and unsupported by evidence or even by any theory. It would have been a great relief to him if he had known that Crewe's object in going to the gallery was not to mix with the criminal classes, but in order to keep a careful survey of what took place in the body of the court without making himself too prominent.

Mr. Holymead, K.C., arrived, and members of the junior bar deferentially made room for him. He shook hands with some of these gentlemen and also with Inspector Chippenfield, much to the gratification of that officer. Miss Fewbanks arrived in a taxi-cab a few minutes before the appointed hour of eleven. She was accompanied by Mrs. Holymead, and they were shown into a private room by Police-Constable Flack, who had received instructions from Inspector Chippenfield to be on the lookout for the murdered man's daughter.

Miss Fewbanks and Mrs. Holymead had been almost inseparable since the tragedy had been discovered. Immediately on the arrival of Miss Fewbanks from Dellmere, Mrs. Holymead had gone out to Riversbrook to condole with her, and to support her in her great sorrow. But the murdered man's daughter, who, on account of having lived apart from her father, had developed a self-reliant spirit, seemed to be less overcome by the horror of the tragedy than Mrs. Holymead was. It was with a feeling that there was something lacking in her own nature, that the girl realised that Mrs. Holymead's grief for the violent death of a man who had been her husband's dearest friend was greater than her own grief at the loss of a father.

One of the directions in which Mrs. Holymead's grief found expression was in a feverish desire to know all that was being done to discover the murderer. She displayed continuous interest in the investigations of the detectives engaged on the case, and she had implored Miss Fewbanks to let her know when any important discovery was made. She applauded the action of her young friend in engaging such a famous detective as Crewe, and declared that if anyone could unravel the mystery, Crewe would do it. She had been particularly anxious to hear through Miss Fewbanks what Crewe's impressions were, with regard to the tragedy.

The court was opened punctually, the coroner being Mr. Bodyman, a stout, clean-shaven, white-haired gentleman who had spent thirty years of his life in the stuffy atmosphere of police courts hearing police-court cases. Police-Inspector Seldon nodded in reply to the inquiring glance of the coroner, and the inquest was opened.

The first witness was Miss Fewbanks. She was dressed in deep black and was obviously a little unnerved. In a low tone she said she had identified the body as that of her father. She was staying at her father's country house in Dellmere, Sussex, when the crime was committed. She had no knowledge of anyone who was evilly disposed towards her father. He had never spoken to her of anyone who cherished a grudge against him.

Evidence relating to the circumstances in which the body was found was given by Police-Constable Flack. He described the position of the room in which the body was found, and the attitude in which the body was stretched. He was on duty in the neighbourhood of Tanton Gardens on the night of the murder, but saw no suspicious characters and heard no sounds.

The evidence of Hill was chiefly a repetition of what he had told Inspector Chippenfield as to his movements on the day of the crime, and his methods of inspecting the premises three times a week in accordance with his master's orders. He knew nothing about Sir Horace's sudden return from Scotland. His first knowledge of this was the account of the murder, which he read in the papers.

Inspector Chippenfield gave evidence for the purpose of producing the letter received at Scotland Yard announcing that Sir Horace Fewbanks had been murdered. The letter was passed up to the coroner for his inspection, and when he had examined it he sent it to the foreman of the jury. Then followed medical evidence, which showed that death was due to a bullet wound and could not have been self-inflicted.

The coroner, in his summing-up, dwelt upon the loss sustained by the Judiciary by the violent death of one of its most distinguished members, and the jury, after a retirement of a few minutes, brought in a verdict of wilful murder by some person or persons unknown.

As the occupants of the court filed out into the street, Crewe, who was watching Holymead, noticed the K.C. give a slight start when he saw Miss Fewbanks and his wife. Mr. Holymead went up to the ladies and shook hands with Miss Fewbanks, and to Crewe it seemed as if he was on the point of shaking hands with his wife, but he stopped himself awkwardly. He saw the ladies into their cab, and, raising his hat, went off. As Mr. Holymead had seen Miss Fewbanks in court when she gave evidence, it was obvious to Crewe that he could not have been surprised at meeting her outside. It was therefore the presence of his wife which had surprised him. That fact—if it were a fact—opened a limitless field of speculation to Crewe, but in spite of the possibility of error—a possibility which he frankly recognised—he was pleased with himself for having noticed the incident. To him it seemed to provide another link in the chain he was constructing. It harmonised with Taylor's story of Mr. Holymead's decision to stay at Verney's instead of entering his own home the night Taylor drove him from Hyde Park Corner.

Rolfe also possessed the professional faculty of observation, but in a different degree. He had seen Mr. Holymead talking to his wife and Miss Fewbanks, but he had noticed nothing but gentlemanly ease in the barrister's manner. What did astonish him in connection with Mr. Holymead was that after he had left the ladies and was walking in the direction of the cab-rank he spoke to one of the former occupants of the gallery. This was a man known to the police and his associates as "Kincher." His name was Kemp, and how he had obtained his nick-name was not known. He was a criminal by profession and had undergone several heavy sentences for burglary. He was a thick-set man of medium height, about fifty years of age. Apart from a rather heavy lower jaw, he gave no external indication of his professional pursuits, but looked, with his brown and weather-beaten face and rough blue reefer suit, not unlike a seafaring man. The likeness was heightened by a tattooed device which covered the back of his right hand, and a slight roll in his gait when he walked. But appearances are deceptive, for Mr. Kemp, at liberty or in gaol, had never been out of London in his life. He was born and bred a London thief, and had served all his sentences at Wormwood Scrubbs. For over a minute he and Mr. Holymead remained in conversation. Rolfe would have described it officially as familiar conversation, but that description would have overlooked the deference, the sense of inferiority, in "Kincher's" manner. For a time Rolfe was puzzled by the incident, but he eventually lighted on an explanation which satisfied himself. It was that in the earlier days before Mr. Holymead had reached such a prominent position at the bar, he had been engaged in practice in the criminal courts, and "Kincher" had been one of his clients.

With a cheerful smile Holymead brought the conversation to an end and went on his way. Kemp walked on hurriedly in the opposite direction. He had his eyes on a young man whom he had seen in the gallery, and who had seemed to avoid his eye. It was obvious to him that this young man, for whom he had been on the watch when Mr. Holymead spoke to him, had seized the opportunity to slip past him while he was talking to the eminent K.C. The young man, even from the back view, seemed to be well-dressed.

"Hallo, Fred," exclaimed Mr. Kemp, as he reached within a yard or two of his quarry.

"Hallo, Kincher," replied the young man, turning round. "I didn't notice you. Were you up at the court?"

"Yes, I looked in," said Mr. Kemp. "There wasn't much doing, was there?"

"No," said Fred.

"He won't trouble us any more," pursued Mr. Kemp.

"No." The young man seemed to have a dread of helping along the conversation, and therefore sought refuge in monosyllables.

Mr. Kemp coughed before he formed his question.

"Did you go up there that night?"

"No." The reply came instantaneously, but the young man followed it up with a look of inquiry to ascertain if his denial was believed.

"A good thing as it happened," said Mr. Kemp.

"I had nothing to do with it," said Fred, earnestly.

"I never said you had," replied Mr. Kemp.

"Nothing whatever to do with it," continued the young man with emphasis.
"That's not my sort of game."

"I'm not saying anything, Fred," replied the elder man. "But whoever done it might have done it by accident-like."

"Accident or no accident, I had nothing to do with it, thank God."

"That is all right, Fred. I'm not saying you know anything about it. But even if you did you'd find I could be trusted. I don't go blabbing round to everybody."

"I know you don't. But as I said before I had nothing to do with it. I didn't go there that night—I changed my mind."

"A very lucky thing then, because if they do look you up you can prove an alibi."

"Yes," said Fred, "I can prove an alibi easy enough. But what makes you talk about them looking me up? Why should they get into me—why should they look me up? I've told you I didn't go there."

"That is all right, Fred," said the other, in a soothing tone. "If that pal of yours keeps his mouth shut there is nothing to put them on your tracks. But I don't like the looks of him. He seems to me a bit nervous, and if they put him through the third degree he'll squeak. That's my impression."

"If he squeaks he'll have to settle with me," said Fred. "And he'll find there is something to pay. If he tries to put me away I'll—I'll—I'll do him in."

"Kincher" instead of being horrified at this sentiment seemed to approve of it as the right thing to be done. "I'd let him know if I was you, Fred," he said. "I didn't like the look of him. The reason I came out here to-day was to have a look at him. And when I saw him in the box I said to myself, 'Well, I'm glad I've staked nothing on you, for it seems to me that you'll crack up if the police shake their thumb-screws in your face.' I felt glad I hadn't accepted your invitation to make it a two-handed job, Fred. It was the fact that some one else I'd never seen had put up the job that kept me out of it when you asked me to go with you. A man can't be too careful—especially after he's had a long spell in 'stir,' But of course you're all right if you changed your mind and didn't go up there. But if I was you I'd have my alibi ready. It is no good leaving things until the police are at the door and making one up on the spur of the moment."

"Yes, I'll see about it," said Fred. "It's a good idea."

"Come in and have a drink, Fred," said "Kincher." "It will do you good.
It was dry work listening to them talking up there about the murder."

Fred accompanied Mr. Kemp into the bar of the hotel they reached, and the elder man, after an inquiring glance at his companion, ordered two whiskies. "Kincher" added water to the contents of each glass, and, lifting his glass in his right hand, waited until Fred had done the same and then said:

"Well, here's luck and long life to the man that did it—whoever he is."

Fred offered no objection to this sentiment and they drained glasses.

                                                                                                                                                                                                                                                                                                           

Clyx.com


Top of Page
Top of Page