One of the sceptics, Lord Arundel of Windsor, who was related to the Tichbornes, hired Whicher to unmask the Claimant. The detective was told that he would be paid handsomely if he gave the matter his unceasing attention. Over the next seven years the case claimed not only Whicher's unceasing attention but the attention of the whole country. It was a puzzle so confounding that it brought on a kind of national paralysis. 'It has weighed upon the public mind like an incubus,' wrote a barrister in 1872; 'no subject whatever occupied so large a space of the human mind', reported the Observer in 1874.
Whicher had two decades of experience in this kind of investigative work: shadowing, tailing, rustling up witnesses, fathoming lies and half-truths, coaxing information out of unwilling participants, using photographs to secure identifications, appraising personalities. Acting on a tip-off from an Australian detective, he began by making inquiries in Wapping, a poor district by the east London docks. He discovered that on Christmas Day 1866, within hours of reaching England, the Claimant had visited the Globe public house on Wapping High Street, ordered a sherry and a cigar, and asked after the Orton family. He claimed to be enquiring on behalf of an Arthur Orton, a butcher he had known in Australia. Whicher suspected that the Claimant was the Wap-ping butcher himself.
For months Whicher prowled the streets of Wapping. He invited a stream of locals who had known Orton – victuallers, confectioners, sailmakers and so on – to accompany him to the Claimant's lodgings in Croydon, south of London. One by one they met the detective at London Bridge station, took the train to Croydon and waited outside the Claimant's house until he emerged, or could be glimpsed through a window. Most, but not all, said they recognised the Claimant as Arthur Orton. Whicher would hide if the Claimant stepped out of the house. According to one witness, 'He said it would not do for him to be seen there – it would raise suspicion probably, and stop him coming out.' Whicher tracked down Orton's former girlfriend, Mary Ann Loder, who swore that the Claimant was the man who had deserted her in 1852 to seek his fortune overseas. She proved an important witness – amazingly, she even testified that Arthur Orton had a regressive penis.
Whicher's brief was wide. He not only sought evidence against the Claimant, but also tried to persuade his supporters to defect. In October 1868 he visited a Mr Rous, the landlord of the Swan in Alresford, Hampshire, and one of the Claimant's chief advisers. After ordering a glass of grog (rum and water) and a cigar, the detective asked him: 'You believe in him being the man?'
'Most certainly,' said Rous. 'I have no doubt he is the right man but foolish.'
'Mr Rous, don't you believe anything of the kind. You may depend upon it, he is no such person. What I shall tell you will make you very uncomfortable.' Whicher proceeded to unpick the Claimant's story.
The Claimant – who weighed twenty stone when he reached England – was growing fatter and fatter. His working-class supporters hailed him as a hero who was being punished by the aristocracy and the Catholic Church for the vulgarities he had adopted in the Australian bush. Once again Whicher was working for the establishment, and against the class from which he came – he was the turncoat, the archetypal policeman.
When the Claimant sued for control of the family estates in 1871, the Tichbornes hired Sir John Duke Coleridge, who had defended Constance, to represent their interests. In the course of the trial, as at Road Hill, the other side sought to discredit Whicher and his discoveries. The Claimant's lawyers complained that their client had been 'haunted' by detectives, and by one in particular. 'I believe that the story of Arthur Orton has emanated from the brain of one of them,' said his barrister, 'and I think we shall yet learn how it has been concocted. I am not fond of people of this description. They are totally irresponsible, they belong to no known body, they are not called upon to account for their conduct. They don't belong to the recognised police, they are amateurs, and many of them superannuated officers who gain an honest livelihood by private enquiries. Without imputing to the honourable body that they invent evidence, I may say there is such a thing as torturing evidence so as to make it look uncommonly different from what it is.'
In 1872 the Claimant lost his case, and the Crown promptly sued him for perjury. Again the Claimant's lawyers – by then led by the Irish barrister Edward Kenealy – tried to demean Whicher, with accusations that he had bribed and coached his witnesses. Kenealy made snide comments to the prosecution witnesses when they took the stand: 'I suppose you and Whicher have had many a little drop of drink over this case?'
Since Road Hill, Whicher had learnt to shrug at vilification, to take a longer view. He had regained his old assurance. In 1873 he wrote in a letter to a friend: 'I daresay you hear me frequently abused in reference to the Tichborne case, but whether I shall live (as in the Road murder case) to outlive the innuendoes and slanders of – Kenealy I know not, but that the Claimant is Arthur Orton is as certain as that I am – Your Old Friend, Jack Whicher'.
In 1874, the Claimant was found guilty, and sentenced to fourteen years of penal servitude. He was sent to Millbank. Though the Tichbornes' solicitor urged the family to pay Whicher a bonus of a hundred guineas for his outstanding work on the case, there is no record of whether they did so.
Jack Whicher was still living with Charlotte at 63 Page Street, off Millbank Row – formerly 31 Holywell Street, but now renamed and renumbered. His niece Sarah had moved out in 1862, when she married Charlotte's nephew, James Holliwell, who had been awarded one of the first Victoria Crosses for his part in the Indian Mutiny of 1857: while under siege in a house in Lucknow, according to the citation, he had behaved 'in a most admirable manner, encouraging the other nine men, who were in low spirits, to keep going . . . His cheerful persuasion prevailed and they made a successful defence in a burning house with the enemy firing through four windows.' James and Sarah now lived in Whitechapel, east London, with their three sons. Jack and Charlotte, though childless, looked after children too – Amy Gray, born in Camberwell in about 1856, was a regular visitor from the age of five, and Emma Sangways, born in Camberwell in about 1863, was recorded as the Whichers' ward in 1871. The nature of the couple's connection with these girls is a mystery, but the bonds between them lasted until death.
In January 1868, while Whicher was hunting down witnesses in Wapping, the first instalment of Wilkie Collins' The Moonstone appeared in All the Year Round. It was an immediate bestseller. 'It is a very curious story,' observed Dickens, 'wild and yet domestic.' The Moonstone, a founding fable of detective fiction, adopted many of the characteristics of the real investigation at Road: the country-house crime in which the criminal must be one of the inmates of the house; the secret lives led behind a veneer of propriety; the bumbling, pompous local policeman; the behaviour that seems to point to one thing yet turns out to point to another; the way that the innocent and the guilty alike act suspiciously, because all have something to hide; the scattering of 'real clues and pseudo clues', as a reviewer described them (the term 'red herring' – something that puts bloodhounds off the scent – was not used to mean 'pseudo clue' until 1884). In The Moonstone, as at Road Hill, the original source of the crime was a wrong done in a previous generation: the sins of the father were visited on the children, like a curse. These ideas were taken up by many of the detective novelists who succeeded Collins, as was the novel's air of uncertainty, what one of its characters calls 'the atmosphere of mystery and suspicion in which we are all living now'.