When Godfrey woke on the morning of his trial he lay for some moments thinking over the strangeness of his position. He had been definitely assured by Codey that nothing could prevent his being proved innocent, yet how difficult it was to believe this when he was lying on a prison bed in a prison cell with all the grim appurtenances of a convict’s life before him. The very books upon the shelf, the spy-hole in the door, even his bed-clothes, reminded him that he was shut off from his fellow men. At the usual signal he rose and dressed, and, having done so, tidied his cell in the customary fashion. After this his breakfast was served to him, and then he was permitted a short period of exercise in the prison yard. He had not long returned to his cell before he was informed that it was time for him to set off to the Court.
Never, if he lives to be a hundred, will Godfrey Henderson forget the scene that met his eyes when he entered the Court — the judge and the sheriffs upon the Bench, the jurymen seated in their box, the rows of counsel, and the line upon line of eager-eyed spectators. When Godfrey made his appearance in the dock a sudden silence fell upon the Court. The Clerk of Arraigns rose and read over the charge preferred against him, namely, of murdering one Teresina Cardi, and this done he was called upon in the usual manner to plead. Advancing to the front of the dock Godfrey looked straight before him and said, in a calm, strong voice: “Not guilty, my lord.” The jury were then sworn, and as soon as this important business had been completed the counsel for the prosecution rose and told the story of the crime. He described the engagement of the dead woman by the prisoner, his employment of her for some considerable time, and then his hasty departure for the Continent. It would be shown that he had received a letter from her while in Egypt, and that almost immediately afterward he had returned to Naples. In the latter city he had invited her to dine with him, and had taken her to the Opera afterward. He commented upon the fact that the prisoner had voluntarily admitted to the police authorities that he had endeavoured to induce her to return to England. At that time, however, it must be borne in mind that he had not met the lady he now desired to make his wife. Whether he had seen anything of the deceased, prior to their meeting in the Strand, it was as yet impossible to say. The fact, however, remained that his engagement to the lady in the country was ultimately announced. Despite that fact, only ten days before the wedding was to take place, he was known to have met the deceased woman at midnight, and had taken her to her home in Burford Street, leading out of the Tottenham Court Road. By the medical evidence he would presently call, he would prove that less than half-an-hour afterward she was brutally murdered. Before half-past twelve, that is to say, within an hour of the cabman picking them up in the Strand, he would prove that the prisoner returned to his Hotel in Piccadilly, very white and agitated, and had called for brandy. Since his arrest, an exhaustive search had been made at his residence, with the result that a blood-stained knife, which had been identified as having been purchased by the prisoner in Cairo, had been discovered hidden behind a bookcase in his studio. As for the motive of the crime he would point out that the deceased woman wore a wedding ring, that she was known to entertain a great affection for the prisoner, and that the latter was about to be married to another lady. What was more probable than that he should wish to have the other woman out of the way before he could do so? That was certainly only a conjecture, but it was one that carried a large amount of probability with it. He would now proceed to call his witnesses.
The first witness called was the proprietor of the lodging-house, who had identified the body. He was followed by the German cabinet-maker, who had made the first and most important discovery. The police officer, who had been called in when the door had been opened, followed next, succeeded by the doctor who had made the post-mortem examination. The question of identity and discovery having been settled, what the counsel next proposed to do was to connect the prisoner with the crime. The cabman who had picked them up in the Strand and had driven them to Burford Street, was called, and the policeman who had seen them talking together on the pavement there. Victor Fensden next deposed as to the affection the deceased had entertained for the prisoner, and the efforts he had made to induce the latter to give her up. He described Godfrey’s receipt of the letter from Teresina when on the Nile, and stated that the prisoner had said nothing to him concerning his intention to visit the woman in Naples. His next meeting with the prisoner was at the Mahl Stick Club, where he had noticed a reluctance on his part to refer to his association with the woman in the past. This was accentuated on the following Saturday at the prisoner’s residence in Midlandshire. He recognised the knife produced, and recollected the circumstances under which it had been purchased by the prisoner. This concluded Fensden’s evidence, and he accordingly sat down. Various other unimportant witnesses followed, and then the case was adjourned for the day.
Wrapped in suspense, Godfrey was driven back to the jail to turn the evidence over and over in his mind all night long. Whatever trust he might place in Burrell and his discoveries, it was quite certain that another twenty-four hours would elapse before his deliverance could be expected. Once more he scarcely slept. The various events connected with the trial thronged his brain with merciless reiteration. With phonographic distinctness he could recall almost every word that was said. He could see the judge upon the Bench making his notes with pitiless exactness, the various counsel in the well of the Court whispering together, the importance of the jury, and the self-sufficiency of the Court servants. Yet he had Codey’s assurance that all was to be put right in the end, and with this knowledge he was perforce compelled to be content.
At the same hour as on the previous day he was ordered to prepare himself for his journey to the Court. The evidence already given against him was so incriminating that the officials of the jail felt sure that his condemnation was assured. They already looked upon him as a dead man, and marvelled among themselves that he could carry himself with so much assurance.
Once more the Court was crowded. Fashionable London felt that the end of one of the most interesting cases of late years was drawing near, and it was anxious not to lose an opportunity of witnessing the d??nouement of the tragedy.
“The Court is ready,” said the warder, and once more Godfrey ascended the stairs that had constituted the link between life and death for so many hundreds of miserable beings before him. He found the judge, stern and implacable as before, upon the Bench, the various counsel in their places, and everyone eagerly awaiting his appearance. He bowed to the judge and took up his position at the rails. He determined that, whatever else they might think, they should not imagine that he was afraid. Then, with the customary ceremonial, the case was commenced.
The counsel for the prosecution having finished his case, Mr. Rolland, having addressed the Court, prepared to call his witnesses. They were few in number. The landlord of Godfrey’s old studio in London deposed that his rent had always been paid to the moment, and that he had heard the deceased talk of the kindness she had received at the prisoner’s hands. “It was always in the language of a dependent,” he said, “and in no way that of a girl who believed her patron to be in love with her.”
When the prosecution had declined to cross-examine this witness, the counsel for the defence arranged his gown and assumed an even more important air. It was evident that something was about to happen. A moment later Victor Fensden was recalled.
“I am anxious, Mr. Fensden,” said the counsel, “to ask you a question regarding your return from the Continent. You have already told the jury that you returned on the morning of the murder. Am I to understand that that was really so?”
“I arrived on Thursday, the 15th,” said Victor, and a close observer would have noticed that he shifted uneasily on his feet as he gave the answer.
“I should be glad also to have your repeated assurance that, from the moment you saw the prisoner purchase that knife in Cairo, you did not behold it again until it was handed you at the Magistrate’s Court?”
“That also is quite true,” said Victor, who by this time was more at his ease.
“That is all I want to ask you. You may sit down,” said the counsel. “Call Simon Updale.”
In response to the summons, a short, stout man, who was the possessor of a fiery beard and the reddest hair ever seen on a human being, made his appearance and took up his position in the box. He deposed that his name was Simon Updale, and that he was an able seaman on a steamer plying between Dover and Calais. On a certain day, a month before the murder, he had been made the subject of a complaint to the captain by the previous witness, Mr. Fensden. He was quite certain of the date and of the passenger’s identity, for the reason that one of his mates had broken his arm before reaching Dover and he wanted to accompany him to the hospital. On account of the complaint, however, he was not permitted to go.
George Perran, steward on the same boat, was next called. He corroborated what the previous witness had said, and recognised the witness Fensden as being the gentleman who had made the complaint.
“That,” said Mr. Rolland, “proves conclusively that the witness in question has committed wilful and corrupt perjury, inasmuch as that he was in England a month before he stated in his evidence.”
Every eye in Court was riveted on Victor Fensden, whose face turned as pale as the paper upon which I am writing.
“I shall now call James Tidmarsh,” said Mr. Rolland, and in response to the summons a small boy climbed into the witness-box.
His name, he stated, was James Tidmarsh, and he called himself an errand boy, though as a rule he spent his time hanging about the vicinity of Euston Station. He remembered distinctly on the night of Friday, the 16th, meeting a gentleman about eight o’clock outside the station who carried a small wooden box in his hand. That gentleman stopped him and asked him if he would care to earn half a sovereign. Upon his eagerly answering in the affirmative, the stranger gave him the box in question with the sum of fifteen shillings. “Take it to the station,” he said, “and hand it in at the parcel-office to be despatched to the address written on the label. It won’t cost more than a couple of shillings or half-a-crown, and you can keep the change for yourself. I’ll wait here until you return to tell me it’s all right.”
The boy then declared that he started off, handed the box in at the parcel-office and paid the money. In taking the money the clerk had sauced him and he had retaliated to the best of his ability. The result was that the policeman on the platform gave him a good shaking and turned him out of the building. He informed the gentleman that he had sent the parcel off, and he had not seen him since that moment until he came into Court and had heard the witness Fensden give his evidence. He, the witness to whom he alluded, was, without a shadow of doubt, the gentleman who had handed him the box to send to Detwich Hall.
The excitement in Court by this time may be better imagined than described. The colour of Fensden’s face was a dirty gray, and he seemed to gasp for breath. The counsel for the prosecution seemed uneasy, and even the judge leaned farther forward than usual, as if he were afraid of losing a word of what was said.
The clerk in the parcel-office was next called, and stated that he remembered the incident in question. The box was a foreign one, and as he had placed it on the floor he had remarked, “Another made in Germany.”
The policeman who had turned the boy out of the station followed him. He had seen the boy deposit a small box upon the counter and heard him say something cheeky to the clerk. He thereupon bundled him out of the station.
When this witness had finished his tale Mr. Rolland said: “Call Jacob Burrell.”
On hearing this a stir ran through the Court. The famous detective was well known to all the officials within the building, and they, in the light of this new discovery and the knowledge that this individual had taken up the prisoner’s case, began to regard the matter in a somewhat d............