The persistent feeling against Samuel Kent, which underpinned Saunders' inquiry, was evident in a sixpenny pamphlet by the anonymous 'A Barrister-at-Law'. The author identified himself with the 'amateur detectives, keen-witted, forensic readers of the newspapers, local quidnuncs and sharp-eyed idlers', and listed fifteen questions about the behaviour of Samuel Kent on the day of the murder (for instance, 'Why did he order his carriage and seek a policeman at a distance, when one lived nearer?'), as well as nine about Elizabeth Gough ('Could she, from her own bed, have seen the child in the cot?') and one about Constance ('What became of the night-dress?').
Rowland Rodway, the Trowbridge solicitor, came to Samuel's defence, protesting in a letter to the Morning Post that 'the press, with few exceptions, seems to point at Mr Kent as the murderer of his child, and is gathering about him a storm of public indignation which has destroyed the social position of his family, and now threatens his own personal safety'. There was no chance now that Samuel would be granted the full inspectorship for which he had applied.
His colleagues had to conduct his factory inspections. 'It would be quite impossible for Kent at present to visit factories at Trowbridge,' wrote one of them, 'such is the feeling of the lower orders against him . . . Mr Stapleton . . . took a gentleman with him to Brown & Palmer's factory, who the people in the weaving shed mistook for Kent and an immediate yell was set up which continued until they were undeceived.' This inspector added that the hostility to Kent was most prevalent among the working classes: 'I do not think well informed and respectable people in Trowbridge think him guilty.' Another inspector wrote to the Home Secretary arguing that the ill-will against the 'most unjustly accused' Kent was so acute 'not only in his own neighbourhood, but everywhere else' that even a transfer would be useless. What was more, it was 'scarcely possible that Mr Kent will be able to leave home and be absent during the night for some time to come'. This line gives an indication of how the Kent family was passing that winter: in a state of such anxiety, perhaps even of mutual fear, that the father felt unable to leave them alone after dark. Cornewall Lewis scribbled his response on the envelope: 'I do not myself believe Kent to be guilty, but whether he is or not, he is too much an object of public suspicion to be able to perform his duties – could he be suspended for a time?' Two weeks later, on 24 November, Samuel was given six months' leave of absence.
In the last days of November Jack Whicher wrote to his former colleague John Handcock of the Bristol police, reiterating his theory of the missing nightdress.
After all that has been said in reference to this case, and the different theories that have been advanced, there is in my humble judgment but one solution to it; and if you had made the personal investigations I did I am certain you would have come to the same conclusion. But possibly you, like others, have entirely been led by what you have heard, especially as regards the theory of Mr Kent and the nurse being concerned in the murder, simply upon the vague suspicion that he might have been in her room, &c. Now, in my opinion if there ever was one man more to be pitied, or who has been more calumniated than another, that unfortunate man is Mr Kent. It was bad enough to have his darling child cruelly murdered; but to be branded as the murderer is far worse; and, according to the present state of public opinion he will be so branded to the day of his death unless a confession is made by the person who I firmly believe committed the deed. I have little doubt but that confession would have been made if Miss Constance had been remanded for another week. Now, my opinion is . . . that the fact of there being two families . . . was the primal cause of the murder; and that the motive was jealousy towards the children by the second marriage. The deceased was the favourite child, and spite towards the parents, the mother in particular, I believe to have been the actuating motive of Constance Kent . . . Miss Constance possesses an extraordinary mind.
Whicher's anger about Samuel's treatment may have been sharpened by the fact that he also stood forever to be stigmatised by the case. Both men were government inspectors who had become the objects of highly critical inspection.
In his letter, Whicher mentioned that one of the Wiltshire magistrates had been to visit him, to discuss the shift that the 'bungling' police had lost. Whicher suspected that the police had returned it to the boiler hole as bait, to lure back its owner and catch her red-handed – this might account for why the constables were posted to the kitchen on the night of 30 June. 'Foley never would explain that to me . . . Mr Kent said in his evidence that Foley told him it was to see if anyone got up to destroy anything.' When the dress vanished, Whicher concluded, the police entered 'a compact of secrecy'.
After the revelations at Saunders' inquiry, the Wiltshire magistrates investigated the affair of the shift in the boiler hole. On 1 December they convened a public hearing, at which both Cox and Kerslake denied that the shift was theirs. Watts described finding the garment: 'It was in . . . as if to light the fire . . . pushed back as far as possible.' This meant that the shift must have been hidden after 9 a.m., when Kerslake put out the fire. Watts said the shift was flimsy, with 'a flap to tie down before, and another behind', and was nearly worn out – there were holes beneath the arms. The blood 'nearly covered the fore and hind parts. There were no marks of blood above the waist; the blood extended about 16 inches from the bottom. I should think, from the appearance, the blood had been caused from the inside.'
Eliza Dallimore said she thought the shift was Kerslake's because it was 'very dirty and very short . . . it would not come to my knees'. The cook had told her that her 'under linen was very dirty, because she had so much work to do'. Dallimore observed that neither Kerslake nor Cox was wearing a clean shift on the Saturday of Saville's death – she had seen their underclothes when they tried on the breast flannel.
Mrs Dallimore's enthusiastic detailing of the servants' underwear stood in strong contrast to Foley's distaste for the subject. The Superintendent said he had not discussed the discovery of the shift with the magistrates because he was too 'ashamed'. 'I did not keep it in my possession a minute. I did not like to touch it . . . I said, "You see, it is a nasty dirty chemise, so put it away" . . . I considered it would be an indecent and improper thing to expose it publicly. I have seen a great many stained garments. I don't suppose any man has seen more. One Sunday morning I searched fifty-two beds in Bath, and you may think I saw some scenes there . . . but I never saw a filthier garment than this.' He said he had wished to 'screen' the shift's owner.
The magistrates castigated Foley but forgave him, describing him as a 'shrewd, clever' officer whose error had been prompted by feelings of decency and delicacy.
On Henry Ludlow's instructions, the clerk read out a letter from Whicher: the shift hidden in the scullery, the detective said, 'was never mentioned to me by any member of the police during the fortnight I was engaged with them at Road assisting in the inquiry, and in daily communication with Supt Foley and his assistants . . . If, therefore, the magistrates feel annoyed at the matter being kept secret from them, I beg to state that I was no party to it . . . I wish them to know that I am in no way to blame.'