Then Helston gave evidence of finding the body of the dead man and he and the other three men who had been with him in the hot room gave evidence of the quarrel they had overheard between Willoughton and the dead man, and that Willoughton came out of the hottest room, scowling and obviously furious. One of them, a fussy old gentleman of the name of Underwood, declared that it was the bitterest quarrel he had ever heard. None of the four of them could throw any light on the matter of whether Willoughton was carrying the missing weapon in the folds of the towel in which he was draped; all of them were sure that he had nothing in his hands.
The medical evidence came next. In cross-examining the doctors who had made the autopsy, Hazeldean, Willoughton’s counsel, established the fact quite definitely that the missing weapon was of a fair size; that its rounded blade must have been over half an inch in diameter and between three and four inches long. They were of the opinion that to drive a blade of that thickness into the heart, a handle of at least four inches in length would be necessary to give a firm enough grip. It might have been a piece of a steel, or iron, rod sharpened like a pencil. At any rate it was certainly a sizeable weapon, not one to be hidden quickly, or to disappear wholly in a Turkish bath. Hazeldean could not shake their evidence about the tea-leaf; they were confident that it had been driven into the wound and cut in half by the blade of the missing weapon, and that that went to show that the wound had been inflicted while Kelstern was drinking his tea.
Detective-Inspector Brackett, who was in charge of the case, was cross-examined at great length about his search for the missing weapon. He made it quite clear that it was nowhere in that Turkish bath, neither in the hot rooms, nor the shampooing room, nor the dressing-rooms, nor the vestibule, nor the office. He had had the plunge bath emptied; he had searched the roofs, though it was practically certain that the skylight above the hot room, not the hottest, had been shut at the time of the crime. In re-examination he scouted the idea of Willoughton’s having had an accomplice who had carried away the weapon for him. He had gone into that matter most carefully.
The shampooer stated that Willoughton came to him scowling so savagely that he wondered what had put him into such a bad temper. In cross-examining him Arbuthnot, Hazeldean’s junior, made it clearer than ever that, unless Willoughton had already hidden the weapon in the bare hottest room, it was hidden in the towel. Then he drew from the shampooer the definite statement that Willoughton had set down the towel beside the couch on which he was shampooed, that he had hurried back to the hot rooms in front of the shampooer; that the shampooer had come back from the hot rooms, leaving Willoughton still in them discussing the crime, to find the towel lying just as Willoughton had set it down, with no weapon in it and no trace of blood on it.
Since the Inspector had disposed of the possibility that an accomplice had slipped in, taken the weapon from the towel, and slipped out of the bath with it, this evidence really made it clear that the weapon had never left hottest room.
Then the prosecution called evidence of the bad terms on which Kelstern and Willoughton had been. Three well-known and influential men told the jury about Kelstern’s efforts to prejudice Willoughton in their eyes and the damaging statements he had made about him. One of them had felt it to be his duty to tell Willoughton about this; and Willoughton had been very angry. Arbuthnot, in cross-examining, elicited the fact that any damaging statement that Kelstern made about any one was considerably discounted by the fact that every one knew him to be in the highest degree cantankerous.
I noticed that during the end of the cross-examination of the shampooer and during this evidence, Ruth had been fidgeting and turning to look impatiently at the entrance to the Court, as if she were expecting some one. Then, just as she was summoned to the witness box, there came in a tall, stooping, grey-headed, grey-bearded man of about sixty, carrying a brown-paper parcel. His face was familiar to me; but I could not place him. He caught her eye and nodded to her. She breathed a sharp sigh of relief and bent over and handed a letter she had in her hand to Willoughton’s solicitor and pointed out the grey-bearded man to him. Then she went quietly to the witness box.
Hamley read the letter and at once bent over and handed it to Hazeldean and spoke to him. I caught a note of excitement in his hushed voice. Hazeldean read the letter and appeared to grow excited too. Hamley slipped out of his seat and went to the grey-bearded man who was still standing just inside the door of the Court and began to talk to him earnestly.
Greatorex began to examine Ruth; and naturally I turned my attention to her. His examination was directed also to show on what bad terms Kelstern and Willoughton had been. Ruth was called on to tell the jury some of Kelstern’s actual threats. Then – it is astonishing how few things the police fail to ferret out in a really important case – the examination took a curious turn. Greatorex began to question Ruth about her own relations with Willoughton and the plain trend of his questions was to bring out the fact that they had not merely been engaged to be married but had also been lovers.
I saw at once what the prosecution was aiming at. It was trying to make use of the tendency of a British jury and a British judge, in a natural effort to champion morality, to hang a man or a woman, who is on trial for murder, for behaving immorally in relations with the other sex. There was no better way of prejudicing Willoughton than by proving that he had seduced Ruth under the promise of marriage.
Of course Hazeldean was on his feet at once protesting that this evidence was irrelevant and inadmissible; and of course Garbould was against him – he does not enjoy the nickname by which he is known to the junior bar for nothing. Hazeldean was magnificent. He had one of the worst rows with Garbould he had ever had; and he has had many. Garbould is a fool to let him have these rows. Hazeldean always gets the better of him, or seems to; and it does him good with the jury. But then Garbould was raised to the bench not for intelligence but for political merit. He ruled that the questions were admissible and put one or two to Ruth himself.
Then Willoughton lost his temper and protested that this had nothing to do with the case and that it was an outrage. Willoughton has a ringing voice of considerable volume. He is not at all an easy man to hush when he does not wish to hush; and they were some time hushing him. By the time they succeeded, Garbould was purplish-red with fury. Anything that he could do to hang Willoughton would certainly be done. But, observing the jury, my impression was that Willoughton’s outburst had done him good with it and that Hazeldean’s protests had ended its confidence in Garbould. When I looked at the faces, just a trifle sickly, of the counsel for the prosecution, I felt sure that the Crown had bungled this business rather badly.
Greatorex, assisted by Garbould, went on with his questions; and Ruth defiant rather than abashed, and looking in her flushed animation a more charming creature than ever, admitted that she and Willoughton had been lovers; that more than once when he had brought her home from a dance or a theatre he had not left her till the early morning. One of the maids had spied on them; and the Crown had the facts.
I was afraid, in spite of Hazeldean’s protests, that the fact that Willoughton had seduced her under the promise of marriage, as Greatorex put it, would do him great harm with the jury – very likely it would hang him.
Then Ruth, still flushed, but not greatly discomposed, said: “That would be a reason for my father’s murdering Mr. Willoughton, not for Mr. Willoughton’s murdering my father.”