Our Serial Story.

Gisborne Times, Volume XXVII, Issue 2652, 6 November 1909, Page 1 (Supplement)

Our Serial Story.

By Fergus Hume.

"The-. Jew's .House/* f

Author, of the “ Mystery of a Hansom Cab, ” “ The Yellow Holly, ” “ The Jj* Mandarin’s Fan, ” “ The Sealed Message, ” etc., etc., etc. *|< *l* (All Rights Reserved)

CHAPTER X. UNEXPECTED EVIDENCE. , Ben-Ezra’s lawyers were a big firm, well-known, and, on the whole, wellliked. This was because the chief partner was a particularly knowing man of the world, and sympathised with his clients when they came to him to be helped out of their troubles. Nobody pretended that Luck, Sons and Hale were entirely correct solicitors, as they dealt in shady business with shady people, and got contaminated, since touching pitch defiles the hands, hut they were uncommonly smart, and sailed as near the wind as they consistently

heart. Besides, he wasn't missed, as his evidence was taken down in the presence of a witness, and he signed a very shaky signature thereto. After that he went to sleep and woke up to cough, and finally became delirious. When he' reached this stage it mattered little to him whether Ben-Ezra was hanged or pardoned. The Crown Prosecutor made a very excellent speech, in which he conclusively proved that the prisoner had inveigled the deceased to his house for the sole purpose of murdering him. Of course, on the face of the .evidence this was not entirely true, but the ! Crown Prosecutor w r as a wily, man, Avho could"twist- words from their original meaning and condemn a prisoner out of his mouth by omitting a stop, or changing the grammar. He was quite satisfied that the prisoner was guilty, and did his best to hang him. BenEzra, whose lean dark face displayed no emotion, listened quietly, and sent a short note to his counsel. Handy Luck chuckled, as he saw that his client was going to fight hard; but, for the life of him, he could not understand the particular way in which Ben-Ezra proposed to. win. However, that was the Jewis business, and ,if he did go under, there were pickings to be got from the estate. In any case—as Handy T/uck gratefully remembered—the firm would come out top dog. The evidence was, of course, much the same as had been given at the inquest, and before the magistrate, when Ben-Ezra had been committed for trial. Ashton proved himself to be clever in cross-examination, but could bring forth from the witnesses nothing in his client’s favor. It was proved that the prisoner had seen the deceased at Tanbuck Hall, and had been discovered standing over the body with a revolver in his hand. And from that same revolver, as prisoner did not deny, the fatal shot or shots had been fired. Mrs Jorvin arid Eliza James could not prove an alibi for the prisoner, in spite of much questioning and crossquestioning. They had, from the van-tage-point of the, landing, seen BenEzra go towards the back of the house; but they did not see him return, since the crash of the broken- : window had sent them trembling to the bedroom. But, of course, they proved one point—that Ben-Ezra could not have, broken the glass by firing the revolver, since he was at the back of the’house when the window was, .smashed. Also, the written evidence of Barrington Wain showed conclusively, from Sir Giles’ muttering in the avenue, that BenEzra had not used threats."' Mrs Jorvin hinted that he 'had, since she had listened at the door, but Ashton tore her evidence to shreds, and she left the witness-box considerably discredited. The case for the prosecution terminated, toward the end of the first day of the trial, and the impression created was that Ben-Ezra was as good as dead. Witness after witness came Ifcrward to pile up the blackest evidence against him, and there seemed no Silver lining to the dark clouds which surrounded him by the time the court rose. The evening journals reported, in a bare, bald manner, all that had taken place, but made no /comment. Still, in clubs and publichouses, and in the street, it was the general opinion that, unless a miracle happened, Ben-Ezra was doomed to a shameful death. And so hated was the Jew in Bruntlea that everyone rejoiced more or less openly. That/the suburb owed its existence and prosperity “to Ben-Ezra’s clever brains did not seem to occur to those who triumphed. Ashton, had a hard task before him, and privately looked upon the case as hopeless. He had communicated with Ben-Ezra entirely through Handy Luck and had refused an interview. The Jew could have insisted, but for some reason he did not, .and appeared willing to risk his life on the dexterity of a man who avowedly hated him. Ashton regretted that he had yielded to Judith’s desire, since, if he lost the case, people would be certain to say that he had done so in order to avenge himself for past injuries to his family. It was with a heavy heart that he repaired to the court the next morning. He had not even Wain to comfort him, since that gentleman was in bed. But when Ben-Ezra entered the dock he smiled encouragingly on his sombre counsel, and received a cold stare in return. Even at the eleventh hour Ashton could not forgive the man for whose life he was fighting. This conduct maS not have been Christian, hut it was certainly human. Ashton’s speech was acknowledged to be a most brilliant effort to manufacture bricks without straw, when lie spoke for the defence. At first the young man was nervous, but speedily warmed up and spoke with uncommon power. The knowledge that he was speaking for a losing cause,, and to defend his enemy, put him on his mettle, and he strove to interest the sympathies of the jury by every effort of which oratory was capable. He poiii-co’ out the Jew’s cleverness in creating the suburb, and deduced various incidents, supplied by Handy Luck, to .show that Ben-Ezra was an uncommonly brilliant and far-seeing man.. This praise led to a plea that so wise a person as the prisoner would scarcely commit a brutal,, ( .murder, seeing that he

could do without getting upset. Andrew Luck, the chief partner, was called Andy Luck for short, and Handy Luck as a nickname, since there was nothing he could not do and do it well. Betting men and hard-up speculators, and people in debt, and men who invented things, fraternised with Handy Luck, and were frequently pulled out of uncommonly hot fires by his skilful hands. The firm’s reputation was not of the best, but it was a big one, and people in difficulties frequently went to it with business which they hesitated to entrust to dry-as-dust family lawyers.

Tlie Jew had dealt with Luck, Sons and Hale for years, and they found him a most profitable client,, .since he paid their fees, and mostly took his own advice. He simply used them for technical legal business, but preferred to trust to his own judgment, and in every case he proved to-be quite capable of getting what he wanted. The firm had an admiration for him, whim amounted to reverence, and Handy Lufck often consulted with him..as the best way-of - pulling''chestnuts out of a fife without getting burnt

- Consequently, when Ben Ezra was hauled to prison on a vulgar charge of brutal murder, Luck,, Sons ana Hale laughed the idea to scorn. They knew that their client did not'love Sir Giles Dove over-much, .and knew also that if he had wished to revenge himself on the hot-tempered millionaire, lie would have done it in a much more subtle manner! -Ben-Ezar knew far too much about the law to risk getting entangled amongst its complicated machinery, so it was absurd to think that he would openly offend in this way. Of course, there was the suggestion of a trap ; but Ben-Ezra scented traps with the wariness of a fox, and did not approve of being caught on this occasion,' and Luck, Sons and Hale wondered how he would escape. That his freedom was a foregone conclusion, they did not doubt for a minute. But the way in which Ben-Ezra went about saving his life puzzled the firm. In the first place, 'he , was obviously telling the truth, and by doing so had; shut up—as Wain had pointed out—several avenues of escape. In the second place he had ordered Handy Luck to engage as sole counsel for. the defence a young barrister, of whom no one had ever heard. The chief partner certainly knew that Ashton had been junior counsel in some unimportant cases, and had saved a prisoner from well-deserved punishment; but he did not think much of these attempts to gain the Woolsack, and maryelled at Ben-Ezra’s decision. Of course, he protested, and on being, abruptly told to do what he was paid to do, namely, obey orders, lie quietly went to hnef the young barrister, but with a budding belief in Ashton’s comparatively untried. powers. “He must be an unknown wonder,” Handy Luck thought, when climbing a dingy staircase in Clock Inn, “else the old man would not risk his life on such brains.” The case wa,s arranged to he tried before judge and jury at the New Bailey, during the second week in December, and the papers talked a great deal about the matter. The crime had attracted considerable attention, for it is impossible to kill a baronet, even if newly-created, without people talking. Then Ben-Ezra was well-known in the newspaper world by reason of owning the “Midnight Sun.” Everybody was as excited about the case as though it were a new play, and when the morning of the trial came, the Court was crowded with an eager audience, who wished to see how BenEzra would defend himself. Certainly everyone had no doubt as to his guilt, and quite expected him to he condemned to death; but it was not probable that he would acquiesce in the verdict without a struggle. Even Wain doubted whether Ben-Ezra would win clear, and the sole people who believed in Ben-Ezra’s escape, if not his innocence, were his own pet firm of Luck, sens, and Hale. For over 20 years they had gauged the Jew’s capabilities, and although they could not see the loophole —knew that it was somewhere within the range of Ben-Ezra’s keen vision. ,

"Wain’s bad luck intervened 24 hours before the trial came. Incautiously venturing into the frosty December weather without an overcoat, he contracted a severe chill, and, instead of being at the New Bailey, found himself tucked away in bed, inhaling eucalyptus essence from a hoiwwater jug. It was very vexing, but Wain at the moment was too much interested in his clogged lungs to take til© disaster to

had no motive to do so, and had nothing to gain by the death of Sir Giles Dove. That the prisoner hated the deceased, Ashton acknowledged frankly, since Sir Giles was insulting and persistent. But no. known cause could be found likely to show that Ben-Ezra would risk his neck to punish such insults. At this point the judge, referring to his notes, mentioned that Sir Giles—according to the oviden© of Wain, when he had been heard muttering in the avenue—knew something, about the past of the prisoner, which he threatened to reveal. Might not the prisoner have found t sufficient motive to kill the man who knew too much about him? Ashton submitted —with a sinking heart—that there was no evidence on the part of the prosecution to show that Sir Giles knew anything vital about the prisoner’s past. It was the duty of the prosecution, said the young barrister, to prove wliat it was the dead man knew, otherwise no sufficient motive for the committal of the crime appeared. This statement, resulted in some argument between the opposing counsel, and while the fight was proceeding a note was handed to Mr Luck, together with several foolscap sheets closely written ever. The solicitor read the note, earnestly,, then anxiously and 'with . startled-’’surprise..

until Sir Giles passed him on his way to the. Hall, and then followed.... The locksmith saw Sir Giles admitted into the house by Mrs Jorvin, .and decided to wait until the baronet came out an<! Ben-Ezra was alone. Then —as lie no lieved—he could murder the Jew with out a witness to the deed. But while waiting round the corner of the house, Daxley saw a bright light irradiating the fog, and stole forward to examine what it was. He found that the illumination proceeded from the brilliantly lighted' drawing-room, through the three French windows which opened on to the terrace. The. -curtains were not drawn, nor were 1 lie blinds down, and Daxley, looking in, saw Sir'Giles furiously conversing with Ben-Ezra. The Jew was seated at '.lie table, listening quietly, but Sir Giles was walking restlessly about, -halving his fist and using bad language. At, least, Daxley thought so, for he could not bear what was being said.

Crouching in the fog and darkens, Daxley saw Sir Giles roughly open the window—the one nearest to his hidingplace on the terrace—-and leave the house. Ben-Ezra closed the window, stole forward to see vhat he was doing. The room was empty but still lighted, x so apparently BenEzra had left it for a few moments. Daxley then caught sight of the revolver on the side-table, and. it occurred to him that if he could shoot Ben-Ezra. it would be safer, since he (Daxley) was weak with consumption, and might not be able to use bis knife effectively in struggling with so strong and wiry a man a.s the Jew. Daxley, the witness went on to say, then deliberately smashed the window,

Afterwards he spoke privately to Ashton,, and the young barrister, exhibiting considerable astonishment, asked for an adjournment of an hour, as unexpected evidence had been discovered. The counsel/for the prosecution objected, but Ashton managed to carry his point, and the court was adjourned, ostensibly for luncheon, but really because of fresh evidence which bad been placed before Handy Luck. And from the expression of the faces of barrister and solicitor, the evidence was amazing. Only Ben-Ezra remained unmoved, and displayed, no emotion when the order for adjournment was given. What took place during the intervening hour was not known until after-, wards. 'Ashton and Luck met a veiled lady in the outer portion of the building, and drove her in a cal) to the solicitor’s offices. "When 1 the court reopened Luck’s face was seen to wear a triumphant-expression,- and' he looked towards the prisoner, in the dock with great reverence. Ashton seemedpleased also, but in a lesser degree, and rose to conclude his speech. For a few minutes he continued to: manufacture bi’icks without straw, and spoke—• as everyone, thought—in a hopeless case. Then lie declared that he had only one witness to call for the defence, and after giving the name, sat down quietly. There was a movement of surprise in the court, for unless the one witness could prove that someone else murdered Sir Giles, there did not seem to be much chance of Ben-Ezra’s acquittal. But -that the witness 'had something vital to say was proved by the disturbed expression, on the countenance of the Crown. Prosecutor» He also had seen Ashton and Luck during the luncheon hour, and what they had to reveal apparently did not please him. However, he remained quiet, as did Ashton, when Miss Ida Cashed was placed in the witness-box. When she threw, back her veil there was a hum .of admiration at her appearance.

rushed forward, secured the revolver, he had opened by thrusting his band and then, re-locking the window, which through the broken pane and lifting the latch, waited outside, ready for his victim. His idea was that Ben-Ezra might be brought back hurriedly on

hearing the smashing of the glass, and then could be shot through the broken window. Daxley never thought that the shot would be heard, as on such a foggy night no one would be about, and the Hall servants would certainly be in bed. But Ben-Ezra did not return, • and Daxley, with the revolver poised, waited near the window. Then Sir Giles came hastily through the fog and up the terrace steps towards the window. He brushed past Daxley, uttered a startled cry, and in a blind way turned to tackle him. Daxley as blindly fired the revolver and killed the baronet. “Did he recognise him?” asked the judge at this point. “Yes,” admitted the witness, “he: did, as.the brilliant light- was-streaming* through the window. And ho thought that Sir . Giles recognised him also, although he flung himself blindly on him in the first instance. But Daxley did not intend to kill Sir Giles, although he hated him for his harshness.”

“Why,- then,” asked'the counsel for the prosecution, “did he lire three shots ■ after recognition? Admitting that he fired, the first blindly, so as to protect himself from assault—l presume .that is what is meant —lie must have fired the remaining two shots, with great deliberation.” >. v

Being clever, Miss Cashell had made herself as attractive as possible and was arrayed quietly, but in exquisite taste. Her figure-.was perfect, as ;was the gown which clothed it,i and her. lace, vivacious and charming, looked extremely attractive under her crown- of ruddy hair. She was entirely self-pess-essed and, answered all the questions put to her in that soft, low, sweet voice which is, on the authority of King Lear, supposed to be an excellent tiling in woman.

“He did so,” said Miss Cashell, quickly, “because when Sir Giles was dead, in a moment Daxley saw that when the dead body was found the circumstances were/favorable; to the Jew being accused. He fired the two other shots to-make! sure, that Sir Giles was dead, and would not incriminate him, and then, dropping the revolver, fled into the- darkness. He managed to es-cape-through .the still open gate and regain his home.” ; ' Witness went on to say that when she heard this confession she insisted that Inspector Quill should be’called in, and that it should be taken down, so that an innocent man’s life should be saved. Daxley objected, but she managed to over-rule his objections, and sent, down to the police station. The inspector' took down the confession-,; and it was signed by Daxley and witnessed by Miss Cashell herself and the,officer. The man was still alive, but a policeman had been placed in-charge of the wretched hovel which he called his home. Inspector Quill had the confession. The inspector also was in attendance, and after some talk on the part of the ’opposing ■counselyvhe-'was called.- Stopping into the -witness box, he produced the confession of Simon Daxley, ana gave very similar evidence to that of Miss Cashell regarding the procuring of the same. Quill swore also that lie had examined the child Mabel Daxley, the daughter of the locksmith, who had stated how her father came home worn out shortly before nine o’clock on the night .Of the murder. The crime had been committed shortly after eight o’clock, and it would be easy for Daxley to regain his home rapidly, as it was no very great distance away. Also, Daxley could easily make a duplicate key of the gate. “In every point,” said the inspector, emphatically, “I believe the case is clear against Daxley. He is the true criminal, and even if lio did not intend to murder Sir Giles, lie certainly did shoot him, and then deliberately allowed the prisoner at the bar to walk into the trap.’’ The counsel for-the prosecution opposed a nolle prosequi being entered in favor of Ben-Ezra until tlie confession of Daxley had been thoroughly tested. “Many men,” said the barrister, “confess to crimes with which they are in no wise concerned. It might be a morbid desire for fame, or it might be a case of bribery—”

The evidence of Miss Cashell ran somewhat in this fashion. She wa.s the governess in the family of the late Sir Giles Dove, and had known the dead man. intimately. She had never heard Sir Giles say that Ben-Ezra would kill him, and that the'deceased had no fear of such a catastrophe was amply proved by his going unattended to Tailback Hall at a late hour, when he would be alone with the prisoher. ’Witness, along with Lady Dove, the wife of the dead man, was active in philanthropic works in Bruntlea. Amongst those to whom she attended amongst the poor was Simon Daxley, a locksmith by trade.'-' The man- had been • r.uipqd -by the prisoner, and hated him profoundly. Also —and with less cause —he hated the late Sir Giles, who, being a hottempered man, had spoken harshly to him when he asked for charity. Miss Cashell stated that on the previous day she had gone to see Simon Daxley, whp was supposed to be dying of consumption; She found him nearly at his last gasp, and was assured by the doctor that he could not last more than forty-eight hours. When the verdict was given, Daxley, knowing that he was about to leave the world, asked that the room might be cleared of all save Miss Cashell. . v When alone with the governess, Daxley had confessed that he had killed Sir Giles Dove. Being a ruined man, because of Ben-Ezra’s cruelty, Daxley had intended, if possible, to. kill the Jew, and for that purpose had repaired to Tanbuck Hall. As he was a locksmith, be easily made a false key ci.d ,so had opened the smaller gate, whicn he left ajar when he stole up the avenue under cover of the fog. He carried a knife with-him for the purpose cf stabbing his enemy. *' While in the avenue he heard footsteps and the voice of someone speaking loudly. The voice was that of Sir Giles, who had entered in by the small gate immediately after Daxley had passed through. Daxley then regret T ted that he had not locked the gate, as he thought that Sir Giles’ presence would hamper him in murdering the Jew. Daxley waited in the darkness

Counsel for the defence interrupted at this point, and stated that, seeing Daxley was dying there could be no desire for,a fame- which would leave his daughter Mabel a smirched name. As a bribery, that wa,s out of the question, since Daxley hated the prisoner so

much that no money would make him incriminate himself to save his life. “Lut if lie laid the trap to ©atcli the prisoner,” argued til© prosecution, “why d.d lie enable his victim to* escape at the eleventh hour?” “I think Miss Cashell can, best answer that question,” .said Ashton dryly.

The witness said that it was entirely due to her influence, and to Daxley’s weak state of health, that he confessed. She had no reason to believe that Daxley was lying; a man on, the point of death would scarcely lie, especially when the lie would save his enemy. After .some deliberation,' the Court was adjourned until the next day. Handy Luck wished Ashton to insist that a nolle prosequi should be entered at once, and the prisoner discharged. But it was Ben-Ezra himself who vetoed this course being taken. “Let things remain as they are,”

he whispered to his solicitor. “Another night in prison will not hurt me. Besides, it is just as well that everything should be done in due order, lest people should question the verdict of my discharge. But they will do that in any case,” he ended, cynically. Therefore, the Court was duly adjourned, so that Daxley’s confession might be tested, and. the man himself be examined. There was considerable talk during the interval, and grave doubts were expressed as to the truthfulness of the locksmith’s statement. All the metropolitan and provincial papers were filled with the unexpected news, with leaders and letters from this person and that. Many were the discussions which took place; but Ben- • Ezra had few defenders, notwithstanding the evidence which had turned up in his favor. Some people—the majority, in fact- —declared that the Jew had bribed Daxley into taking the blame on his dying self, and this in,spite of Ashton’s speech. However, there was nothing to be done until the matter was officially looked into, and everyone waited for the re-assembling of the Court with breathless anticipation. It was quite two days before the sitting took place, and during that time the locksmith died. But, before passing away, he swore most positively that he had.acted as stated in his confession, and that he alone had murdered Sir Giles in the manner described by Miss Cashed. This positive declaration, taken in conjunction with the evidence of the newly-manufactured key—found in the gate—and the evidence of the child Mabel, regarding her father’s home coming on the fatal night, went far to prove jb c exact truth. In the face of such strong evidence . there was nothing left to do but to dischar.ge- - Beri-Ezra .'irom"diis ; ' Trticbihfortabie~r -position A- Accordinglyo- a 'nolle prosqui was duly entered, and the Jew was set free. He received his dismissal with the same coolness as he had exhibited throughout the ordeal of the trial itself, and did not seem to notice the unpleasant fact that no one save Handy Luck congratulated him on his freedom. His first idea when at liberty was to interview his counsel. “He’s gone,” said Handy Luck, with . a shrug of disgust; “he refused to meet you, the ungrateful young dog. A shame I call it, seeing what a glorious chance you have given him to make* Ins name.”

“And he lias made it, eh?” said BenEzra, his face lighting-up. . “Oh, yes, I am sure of that. Considering the absence of., evidence until Miss Cashell came along, he made a very good fight for it, and proved to be—as you heard, Mr Ben-Ezra—a very excellerit cross-examiner. His speech also was very good. All he needs is experience to develop into a: K.C. —the qualifications are - there, . without doubt.”

“Then I beg of you,” said the Jew, quickly, “to give him what..work you can.”

“What?” Luck opened his cunning eyes. “Will you help him, after the ungrateful way in which he has behaved?” . , ; “Human nature, my good fellow; merely , human nature. Besides, he labors under a misconception as to' my true character, and. thinks that I. cheated his. grandfather, General. Ashton, out of the Hall.” “I don’t know how you came by the Hall,” said the lawyer, bluntly, for ho had never credited his client with strict honesty in business dealings. Ben-Ezra chuckled.. 1 “Nor does anyone else, my friend. They think. —-well, let them think ; my shoulders are broad enough to bear the burden of lying gossip.” “H’ml” ,said Luck-, raising his eyebrows, “it is gossip, then?” “Give young Ashton all the work you can,” retorted Ben-Ezra, without replying directly. “When I want your advice I’ll tell you my trade secrets. (To be Continued.)