The Nine of Hearts: A Novel
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The Nine of Hearts - B. L. Farjeon
B. L. Farjeon
The Nine of Hearts
A Novel
Published by Good Press, 2022
EAN 4064066152512
Table of Contents
Cover
Titlepage
PART THE SECOND.
PART THE THIRD.
THE TRIAL OF EDWARD LAYTON.
I.
A STRANGE DECISION.
This morning, at the Central Criminal Court, Mr. Justice Fenmore resumed the trial of Edward Layton for the wilful murder of his wife, Agnes Layton, on the morning of the 26th of March, by the administration of poisonous narcotics in such quantities as to produce death. Extraordinary as was the excitement caused by yesterday's proceedings, the public interest in this mysterious murder was intensified by the strange decision arrived at by the prisoner on this the third day of his trial.
The Attorney-general, Mr. J. Protheroe, Q.C., and Mr. Standing conducted the case on behalf of the Crown.
The widely spread rumor that an episode of a startling character was impending, received confirmation immediately upon the entrance of the prisoner in the dock. He presented a care-worn appearance, and while the usual formalities were in progress, it was observed that he and his counsel (Mr. Bainbridge, Q.C.) were in earnest consultation, and it appeared as if the learned gentleman were endeavoring to overcome some resolution which the prisoner had formed. At the termination of this conversation Mr. Bainbridge, turning to the Bench, said,
I have to claim your lordship's indulgence for a statement which I find it necessary to make. It is in the remembrance of your lordship that on the first day of this trial the prisoner was undefended, being, as it appeared, resolutely determined to defend himself. Yesterday morning--that is, upon the second day of the trial--I informed your lordship that the prisoner had been prevailed upon by his friends to intrust his defence to me. Being satisfied in my own mind that nothing would occur to disturb this arrangement--which I venture to say was an advisable one--I did not feel called upon to mention that the prisoner's consent to accept legal aid was very reluctantly given. That this was so, however, is proved by what has since transpired. Both in writing and by word of mouth the prisoner now insists upon conducting his own case, and has distinctly informed me that he will not permit me to act for him. I am empowered to say that his decision is not in any sense personal to myself. It is simply, and regrettably, that he has resolved not to be defended or represented by counsel. In these circumstances I have no option but to place myself in your lordship's hands.
Prisoner. My lord--
Mr. Justice Fenmore. Silence. Your counsel will speak for you.
Prisoner. My lord, I have no counsel. I am defending myself, and no person shall speak for me.
Mr. Justice Fenmore. Prisoner at the bar, it is my duty to tell you that the decision at which you have arrived is grave and unwise.
Prisoner. Of that, my lord, I am the best judge.
Mr. Justice Fenmore. You may not be. It is scarcely necessary for me to point out to you, a man of intelligence and good education, that there are points in every case, and especially in a case so momentous as this, which an unjudicial, or, to speak more correctly, a mind not legally trained, is almost certain to overlook.
Prisoner. I understand your lordship, and I thank you but if my acquittal of the terrible crime for which I am now being tried is to be brought about by legal technicalities, I shall prefer not to owe my release to those means. I, better than any man here--unless, indeed, the actual murderer be present--know whether I am innocent or guilty, and in the course I have determined to pursue I am acting in what I believe to be my best interests. Your lordship has referred to me as a man of intelligence and good education. These qualifications will sufficiently serve me, but I do not rely upon them alone. I have really had some sort of legal training, and as I assuredly know that I shall conduct my own defence in a manner which will recommend itself to my heart and my conscience, so do I believe that, if I choose to exercise it--and I suppose most men in my position would so choose--I have legal knowledge sufficient for my needs. The learned counsel who has addressed your lordship has put the matter most fairly. My consent that he should defend me was reluctantly given, and I reserved to myself the right to withdraw it. He has mentioned that this withdrawal is not personal to himself. It is true. To him, above all others, would I intrust my defence, were it not that I have cogent and imperative reasons for trusting no man. I shall not displease one so earnest and high-minded as he when I state that he once gave me his friendship, and that I felt honored by it. Your lordship will pardon me for this statement, the admission of which I feel to be unusual in such a case. I have made it only for the purpose of emphasizing his correct view. My lord, I stand upon my rights. I will conduct my own defence.
The trial was then proceeded with.
II.
THE EVIDENCE OF JAMES MOORHOUSE, COACHMAN.
The first witness called was James Moorhouse, whose examination was looked forward to with great interest, as likely to tell heavily either for or against the prisoner. He is a sturdy man, of middle age, with an expression of intense earnestness in his face, and although he gave his evidence in a perfectly straightforward manner, it was apparent that his sympathies were with the prisoner.
The Attorney general. Your name is James Moorhouse?
Witness. It is, sir.
The Attorney-general. Were you in the prisoner's employment?
Witness. Yes, sir.
The Attorney-general. In what capacity?
Witness. As his coachman.
The Attorney-general. For how long were you so employed?
Witness. For a matter of three years.
The Attorney-general. Are you a teetotaler?
Witness. Yes, sir.
The Attorney-general. During the three years you worked for the prisoner were you in the habit of driving him out regularly?
Witness. Yes, sir pretty nearly every day.
The Attorney-general. Were you the only coachman on the establishment?
Witness. I was, sir.
The Attorney-general. Being in his employment so long, you are, I suppose, perfectly familiar with his figure?
Witness. I am, sir without hearing his voice, I should know him in the dark.
The Attorney-general. You are sure of that?
Witness. Quite sure, sir.
The Attorney-general. Is your eyesight good?
Witness. It is very strong. I can see a longish way.
The Attorney-general. You have been in the habit of driving the prisoner often at night?
Witness. Yes, sir.
The Attorney-general. And your eyes, therefore, have got trained to his figure, as it were?
Witness. Yes, sir.
The Attorney-general. You have had to look out for him on dark nights from a distance?
Witness. I have had to do that, sir.
The Attorney-general. When the people were coming out of a theatre, for instance?
Witness. Yes, sir; and at other places as well.
The Attorney-general. Therefore, it is not likely you could be mistaken in him?
Witness. It is hardly possible, sir.
The Attorney-general. You remember the night of the 25th of March?
Witness. Yes, sir, and the day too.
The Attorney-general. Why do you include the day in your answer?
Witness. Because it was the hardest day's work I have done for many a year.
The Attorney-general. The hardest day's driving, do you mean?
Witness. Yes, sir. I was on the box from eleven o'clock in the morning till an hour past midnight.
The Attorney-general. Driving your master, the prisoner?
Witness. Yes, sir.
The Attorney-general. And no other person?
Witness. Not till evening, sir. It was about--
The Attorney-general. We will come to the particulars presently. You were not driving all the time?
Witness. No, sir; the horses couldn't have stood it.
The Attorney-general. Do you mean that there were stoppages?
Witness. Yes, sir.
The Attorney-general. Did the prisoner usually work his horses so hard?
Witness. Not at all, sir. He was a good master to man and beast.
The Attorney-general. Why do you look so frequently at the prisoner?
Witness. I can't tell you, sir, except that I shouldn't like to say anything to hurt him.
The Attorney-general. But you are here to speak the truth.
Witness. I intend to speak it, sir.
The Attorney-general. For reasons which you have given, your remembrance of what occurred on the 25th of March is likely to be exceptionally faithful?
Witness. For those and other reasons, sir.
The Attorney-general. Now, commence on the morning of that day. What were your first instructions?
Witness. To be ready with the carriage at eleven o'clock.
The Attorney-general. You were ready?
Witness. Yes, sir.
The Attorney-general. In what way did you fix the time? By guessing?
Witness. By my watch, sir--the best time-keeper in London.
The Attorney-general. At eleven o'clock, then, you were on the box, waiting for your master?
Witness. Yes, sir.
The Attorney-general. He came out to you?
Witness. Yes, sir.
The Attorney-general. Did he tell you immediately where to drive to?
Witness. Not immediately, sir. He stood with his hand on the carriage door, and seemed to be considering.
The Attorney-general. Did he remain long considering?
Witness. For three or four minutes, sir--which seemed a longish time.
The Attorney-general. And then?
Witness. Then he told me to drive to Finchley.
The Attorney-general. What address did he give you?
Witness. None in particular, sir. He said, 'Drive to Finchley, on the road to High Barnet. I will tell you when to stop.
The Attorney-general. Well?
Witness. I drove as directed, and when we were about midway between Finchley and High Barnet he called to me to stop.
The Attorney-general. Were you then at the gate, or in the front of any house?
Witness. No, sir. We were on the high-road, and there was no house within twenty yards of us.
The Attorney-general. Are you familiar with the locality?
Witness. No, sir, I am not.
The Attorney-general. You had never driven your master there before?
Witness. Never, sir.
The Attorney-general. Would you be able to mark the point of stoppage on a map of the road between Finchley and High Barnet?
Witness. I will try, sir, but I shouldn't like to be positive.
(A map was here handed to the witness, who, after a careful study of it, made a mark upon it with a pencil.)
The Attorney-general. You will not swear that this is the exact spot?
Witness. No, sir.
The Attorney-general. But to the best of your knowledge it is?
Witness. Yes, sir, to the best of my knowledge.
The Attorney-general. The prisoner called to you to stop. What then?
Witness. I drew up immediately, and he got out.
The Attorney-general. What were his next instructions?
Witness. He told me to wait for him, and to turn the horses' heads.
The Attorney-general. Towards London?
Witness. Yes, sir.
The Attorney-general. Did he say how long he would be away?
Witness. About five or ten minutes, he said.
The Attorney-general. In point of fact, how long was it before he returned?
Witness. Thirty-two minutes by my watch.
The Attorney-general. You always time yourself?
Witness. Yes, sir, always it's a habit.
The Attorney-general. Did he make any remark upon his return, about his being away longer than he expected?
Witness. No, sir. He seemed to be occupied with something.
The Attorney-general. Occupied in thinking of something?
Witness. Yes, sir.
The Attorney-general. When he left you, in which direction did he go?
Witness. He walked on towards High Barnet till he came to a bend in the road. He went round that and I lost sight of him.
The Attorney-general. Did he return the same way?
Witness. No, sir he startled me a bit.
The Attorney-general. How?
Witness. I was looking out for him in the direction he had taken, when I suddenly heard him speak at my elbow.
The Attorney-general. How do you account for it?
Witness. He must have taken a short cut back across some fields. If I had been on my box I might have seen him, but I was standing in the road, and there was a hedge, more than man high, on the side he came back to me.
The Attorney-general. What did you do when he reappeared?
Witness. I prepared to start.
The Attorney-general. Did he tell you immediately where to drive to?
Witness. No, sir. He stood considering, just as he did when we first set out.
The Attorney-general. And then?
Witness. He told me to drive back the way we had come, but not to drive too quickly.
The Attorney-general. You did so?
Witness. Yes, sir.
The Attorney-general. Where did you next stop?
Witness. Midway between Finchley and Crouch End.
The Attorney-general. At a house?
Witness. No, sir; at a part of the road where there were no houses.
The Attorney-general. He called to you, as before, to stop?
Witness. "Yes, sir. He got out, and said, 'Moorhouse, meet me here in about an hour or an hour and a quarter.' I said, 'Yes, sir,' and I asked him whether I should bait the horses at an inn we had passed half a mile down the road. He did not answer me, but walked quickly