There was no finding the weapon; and its disappearance puzzled the police and later puzzled the public.
Then the doctors who made the autopsy came to the conclusion that the wound had been inflicted by a circular, pointed weapon nearly three-quarters of an inch in diameter. It had penetrated rather more than three inches and supposing that its handle was only four inches long it must have been a sizeable weapon, quite impossible to overlook. The doctors also discovered a further proof of the theory that Kelstern had been drinking his tea when he was stabbed. Half-way down the wound they found two halves of a tea-leaf which had evidently fallen on to Kelstern’s body, been driven into the wound and cut in half by the weapon. Also they discovered that Kelstern was suffering from cancer. This fact was not published in the papers; I heard it at the Devonshire.
Willoughton was brought before the magistrates and to most people’s surprise did not reserve his defence. He went into the witness box and swore that he had never touched Kelstern, that he had never had anything to touch him with, that he had never taken any weapon into the Turkish bath and so had had no weapon to hide, that he had never even seen any such weapon as the doctors described. He was committed for trial.
The papers were full of the crime; every one was discussing it; and the question which occupied every one’s mind was: where had Willoughton hidden the weapon? People wrote to the papers to suggest that he had ingeniously put it in some place under everybody’s eyes and that it had been overlooked because it was so obvious. Others suggested that, circular and pointed, it must be very like a thick lead pencil, that it was a thick lead pencil; and that was why the police had overlooked it in their search. The police had not overlooked any thick lead pencil; there had been no thick lead pencil to overlook. They hunted England through – Willoughton did a lot of motoring – to discover the man who had sold him this curious and uncommon weapon. They did not find the man who had sold it to him; they did not find a man who sold such weapons at all. They came to the conclusion that Kelstern had been murdered with a piece of a steel, or iron, rod filed to a point like a pencil.
In spite of the fact that only Willoughton could have murdered Kelstern, I could not believe that he had done it. The fact that Kelstern was doing his best to injure him professionally and socially was by no means a strong enough motive. Willoughton was far too intelligent a man not to be very well aware that people do not take much notice of statements to the discredit of a man whom they need to do a job for them; and for the social injury he would care very little. Besides, he might very well injure, or even kill, a man in one of his tantrums; but his was not the kind of bad temper that plans a cold-blooded murder; and if ever a murder had been deliberately planned, Kelstern’s had.
I was as close a friend as Willoughton had, and I went to visit him in prison. He seemed rather touched by my doing so, and grateful. I learnt that I was the only person who had done so. He was subdued and seemed much gentler. It might last. He discussed the murder readily enough and naturally with an harassed air. He said quite frankly that he did not expect me, in the circumstances, to believe that he had not committed it; but he had not, and he could not for the life of him conceive who had. I did believe that he had not committed it; there was something in his way of discussing it that wholly convinced me. I told him that I was quite sure that he had not killed Kelstern; and he looked at me as if he did not believe the assurance. But again he looked grateful.
Ruth was grieving for her father; but Willoughton’s very dangerous plight to some degree distracted her mind from her loss. A woman can quarrel with a man bitterly without desiring to see him hanged; and Willoughton’s chance of escaping hanging was not at all a good one. But she would not believe for a moment that he had murdered her father.
“No; there’s nothing in it – nothing whatever,” she said firmly. “If Dad had murdered Hugh I could have understood it. He had reasons – or at any rate he had persuaded himself that he had. But whatever reason had Hugh for murdering Dad? It’s all nonsense to suppose that he’d mind Dad’s trying all he knew to injure him, as much as that. All kinds of people are going about trying to injure other people in that way, but they don’t really injure them very much; and Hugh knows that quite well.”
“Of course they don’t; and Hugh wouldn’t really believe that your father was injuring him much,” I said. “But you’re forgetting his infernal temper.”
“No: I’m not,” she protested. “He might kill a man in one of his rages on the spur of the moment. But this wasn’t the spur of the moment. Whoever did it had worked the whole thing out and came along with the weapon ready.”
I had to admit that that was reasonable enough. But who had done it? I pointed out to her that the police had made careful enquiries about every one in the bath at the time, the shampooers and the people taking their baths, but they had found no evidence whatever that any one of them had at any time had any relations, except that of shampooer, with her father.
“Either it was one of them, or somebody else who just did it and got right away, or there’s a catch somewhere,” she said frowning thoughtfully.
“I can’t see how there can possibly have been any one in the bath, except the people who are known to have been there,” said I. “In fact, there can’t have been.”
Then the Crown subpoenaed her as a witness for the prosecution. It seemed rather unnecessary and even a bit queer, for it could have found plenty of evidence of bad blood between the two men without dragging her into it. Plainly it was bent on doing all it knew to prove motive enough. Ruth seemed more upset by the prospect of going into the witness-box than I should have expected her to be. But then she had been having a very trying time.
On the morning of the trial I called for her after breakfast to drive her down to the New Bailey. She was pale and looked as if she had had a poor night’s rest, and, naturally enough, she seemed to be suffering from an excitement she had to control. It was not like her to show any excitement she might be feeling.
We had of course been in close touch with Willoughton’s solicitor, Hamley; and he had kept seats for us just behind him. He wished to have Ruth at hand to consult should some point turn up on which she could throw light, since she knew more than any one about the relations between Willoughton and her father. I had timed our arrival very well; the jury had just been sworn in. Of course the Court was full of women, the wives of Peers and bookmakers and politicians, most of them overdressed and overscented.
Then the judge came in; and with his coming the atmosphere of the Court became charged with that sense of anxious strain peculiar to trials for murder. It was rather like the atmosphere of a sick room in a case of fatal illness, but worse.
It was unfortunate for Willoughton that the judge was Garbould. A hard-faced, common-looking fellow, and coarse in the grain, he has a well-founded reputation as a hanging judge and the habit of acting as an extra counsel for the prosecution.
Willoughton came into the box, looking under the weather and very much subdued. But he certainly looked dignified and he said that he was not guilty in a steady enough voice.
Greatorex, the leading Counsel for the Crown, opened the case for the prosecution. There was no suggestion in his speech that the Police had discovered any new fact.