She Stands Accused Part 7

III

Two further actors now come upon the scene. And for the proper grasping of events we must go back an hour or two in time to notice their activities.

They are a Mr Gehagan, a young Irish barrister, and a friend of his named Kerrel.[18] These young men occupy chambers on opposite sides of the same landing, the third floor, over the Alienation Office in Tanfield Court.

Mr Gehagan was one of Sarah Malcolm's employers. That Sunday morning at nine she had appeared in his rooms to do them up and to light the fire.

While Gehagan was talking to Sarah he was joined by his friend Kerrel, who offered to stand him some tea. Sarah was given a s.h.i.+lling and sent out to buy tea. She returned and made the brew, then remained about the chambers until the horn blew, as was then the Temple custom, for commons. The two young men departed. After commons they walked for a while in the Temple Gardens, then returned to Tanfield Court.

By this time the crowd attracted by the murder was blocking up the court, and Gehagan asked what was the matter. He was told of the murder, and he remarked to Kerrel that the old lady had been their charwoman's acquaintance.

The two friends then made their way to a coffee-house in Covent Garden.

There was some talk there of the murder, and the theory was advanced by some one that it could have been done only by some laundress who knew the chambers and how to get in and out of them. From Covent Garden, towards night, Gehagan and Kerrel went to a tavern in Ess.e.x Street, and there they stayed carousing until one o'clock in the morning, when they left for the Temple. They were not a little astonished on reaching their common landing to find Kerrel's door open, a fire burning in the grate of his room, and a candle on the table. By the fire, with a dark riding-hood about her head, was Sarah Malcolm. To Kerrel's natural question of what she was doing there at such an unearthly hour she muttered something about having things to collect. Kerrel then, reminding her that Mrs Duncomb had been her acquaintance, asked her if anyone had been "taken up" for the murder.

"That Mr Knight," Sarah replied, "who has chambers under her, has been absent two or three days. He is suspected."

"Well," said Kerrel, remembering the theory put forward in the coffee-house, and made suspicious by her presence at that strange hour, "n.o.body that was acquainted with Mrs Duncomb is wanted here until the murderer is discovered. Look out your things, therefore, and begone!"

Kerrel's suspicion thickened, and he asked his friend to run downstairs and call up the watch. Gehagan ran down, but found difficulty in opening the door below, and had to return. Kerrel himself went down then, and came back with two watchmen. They found Sarah in the bedroom at a chest of drawers, in which she was turning over some linen that she claimed to be hers. The now completely suspicious Kerrel went to his closet, and noticed that two or three waistcoats were missing from a portmanteau.

He asked Sarah where they were; upon which Sarah, with an eye to the watchmen and to Gehagan, begged to be allowed to speak with him alone.

Kerrel refused, saying he could have no business with her that was secret.

Sarah then confessed that she had p.a.w.ned the missing waistcoats for two guineas, and begged him not to be angry. Kerrel asked her why she had not asked him for money. He could readily forgive her for p.a.w.ning the waistcoats, but, having heard her talk of Mrs Lydia Duncomb, he was afraid she was concerned with the murder. A pair of earrings were found in the drawers, and these Sarah claimed, putting them in her corsage. An odd-looking bundle in the closet then attracted Kerrel's attention, and he kicked it, and asked Sarah what it was. She said it was merely dirty linen wrapped up in an old gown. She did not wish it exposed. Kerrel made further search, and found that other things were missing. He told the watch to take the woman and hold her strictly.

Sarah was led away. Kerrel, now thoroughly roused, continued his search, and he found underneath his bed another bundle. He also came upon some bloodstained linen in another place, and in a close-stool a silver tankard, upon the handle of which was a lot of dried blood.

Kerrel's excitement pa.s.sed to Gehagan, and the two of them went at speed downstairs yelling for the watch. After a little the two watchmen reappeared, but without Sarah. They had let her go, they said, because they had found nothing on her, and, besides, she had not been charged before a constable.

One here comes upon a recital by the watchmen which reveals the extraordinary slackness in dealing with suspect persons that characterized the guardians of the peace in London in those times. They had let the woman go, but she had come back. Her home was in Sh.o.r.editch, she said, and rather than walk all that way on a cold and boisterous night she had wanted to sit up in the watch-house. The watchmen refused to let her do this, but ordered her to "go about her business," advising her sternly at the same time to turn up again by ten o'clock in the morning. Sarah had given her word, and had gone away.

On hearing this story Kerrel became very angry, threatening the two watchmen, Hughes and Mastreter, with Newgate if they did not pick her up again immediately. Upon this the watchmen scurried off as quickly as their age and the c.u.mbrous nature of their clothing would let them.

They found Sarah in the company of two other watchmen at the gate of the Temple. Hughes, as a means of persuading her to go with them more easily, told her that Kerrel wanted to speak with her, and that he was not angry any longer. Presently, in Tanfield Court, they came on the two young men carrying the tankard and the bloodied linen. This time it was Gehagan who did the talking. He accused Sarah furiously, showing her the tankard. Sarah attempted to wipe the blood off the tankard handle with her ap.r.o.n. Gehagan stopped her.

Sarah said the tankard was her own. Her mother had given it her, and she had had it for five years. It was to get the tankard out of p.a.w.n that she had taken Kerrel's waistcoats, needing thirty s.h.i.+llings. The blood on the handle was due to her having p.r.i.c.ked a finger.

With this began the series of lies Sarah Malcolm put up in her defence.

She was hauled into the watchman's box and more thoroughly searched. A green silk purse containing twenty-one guineas was found in the bosom of her dress. This purse Sarah declared she had found in the street, and as an excuse for its cleanliness, unlikely with the streets as foul as they were at that age and time of year, said she had washed it. Both bundles of linen were bloodstained. There was some doubt as to the ident.i.ty of the green purse. Mrs Rhymer, who, as we have seen, was likelier than anyone to recognize it, would not swear it was the green purse that had been in Mrs Duncomb's black box. There was, however, no doubt at all about the tankard. It had the initials "C. D." engraved upon it, and was at once identified as Mrs Duncomb's. The linen which Sarah had been handling in Mr Kerrel's drawer was said to be darned in a way recognizable as Mrs Duncomb's. It had lain beside the tankard and the money in the black box.

IV

There was, it will be seen, but very little doubt of Sarah Malcolm's guilt. According to the reports of her trial, however, she fought fiercely for her life, questioning the witnesses closely. Some of them, such as could remember small points against her, but who failed in recollection of the colour of her dress or of the exact number of the coins said to be lost, she vehemently denounced.

One of the Newgate turnkeys told how some of the missing money was discovered. Being brought from the Compter to Newgate, Sarah happened to see a room in which debtors were confined. She asked the turnkey, Roger Johnson, if she could be kept there. Johnson replied that it would cost her a guinea, but that from her appearance it did not look to him as if she could afford so much. Sarah seems to have bragged then, saying that if the charge was twice or thrice as much she could send for a friend who would pay it. Her att.i.tude probably made the turnkey suspicious.

At any rate, after Sarah had mixed for some time with the felons in the prison taproom, Johnson called her out and, lighting the way by use of a link, led her to an empty room.

"Child," he said, "there is reason to suspect that you are guilty of this murder, and therefore I have orders to search you." He had, he admitted, no such orders. He felt under her arms; whereupon she started and threw back her head. Johnson clapped his hand on her head and felt something hard. He pulled off her cap, and found a bag of money in her hair.

"I asked her," Johnson said in the witness-box, "how she came by it, and she said it was some of Mrs Duncomb's money. 'But, Mr Johnson,' says she, 'I'll make you a present of it if you will keep it to yourself, and let n.o.body know anything of the matter. The other things against me are nothing but circ.u.mstances, and I shall come well enough off. And therefore I only desire you to let me have threepence or sixpence a day till the sessions be over; then I shall be at liberty to s.h.i.+ft for myself.'"

To the best of his knowledge, said this turnkey, having told the money over, there were twenty moidores, eighteen guineas, five broad pieces, a half-broad piece, five crowns, and two or three s.h.i.+llings. He thought there was also a twenty-five-s.h.i.+lling piece and some others, twenty-three-s.h.i.+lling pieces. He had sealed them up in the bag, and there they were (producing the bag in court).

The court asked how she said she had come by the money.

Johnson's answer was that she had said she took the money and the bag from Mrs Duncomb, and that she had begged him to keep it secret. "My dear," said this virtuous gaoler, "I would not secrete the money for the world.

"She told me, too," runs Johnson's recorded testimony, "that she had hired three men to swear the tankard was her grandmother's, but could not depend on them: that the name of one was William Denny, another was Smith, and I have forgot the third. After I had taken the money away she put a piece of mattress in her hair, that it might appear of the same bulk as before. Then I locked her up and sent to Mr Alstone, and told him the story. 'And,' says I, 'do you stand in a dark place to be witness of what she says, and I'll go and examine her again."'

Sarah interrupted: "I tied my handkerchief over my hair to hide the money, but Buck,[19] happening to see my hair fall down, he told Johnson; upon which Johnson came to see me and said, 'I find the cole's planted in your hair. Let me keep it for you and let Buck know nothing about it.' So I gave Johnson five broad pieces and twenty-two guineas, not gratis, but only to keep for me, for I expected it to be returned when sessions was over. As to the money, I never said I took it from Mrs Duncomb; but he asked me what they had to rap against me. I told him only a tankard. He asked me if it was Mrs Duncomb's, and I said yes."

The Court: "Johnson, were those her words: 'This is the money and bag that I took'?"

Johnson: "Yes, and she desired me to make away with the bag."

Johnson's evidence was confirmed in part by Alstone, another officer of the prison. He said he told Johnson to get the bag from the prisoner, as it might have something about it whereby it could be identified. Johnson called the girl, while Alstone watched from a dark corner. He saw Sarah give Johnson the bag, and heard her ask him to burn it. Alstone also deposed that Sarah told him (Alstone) part of the money found on her was Mrs Duncomb's.

There is no need here to enlarge upon the oddly slack and casual conditions of the prison life of the time as revealed in this evidence.

It will be no news to anyone who has studied contemporary criminal history. There is a point, however, that may be considered here, and that is the familiarity it suggests on the part of Sarah with prison conditions and with the cant terms employed by criminals and the people handling them.

Sarah, though still in her earliest twenties,[20] was known already--if not in the Temple--to have a bad reputation. It is said that her closest friends were thieves of the worst sort. She was the daughter of an Englishman, at one time a public official in a small way in Dublin. Her father had come to London with his wife and daughter, but on the death of the mother had gone back to Ireland. He had left his daughter behind him, servant in an ale-house called the Black Horse.

Sarah was a fairly well-educated girl. At the ale-house, however, she formed an acquaintance with a woman named Mary Tracey, a dissolute character, and with two thieves called Alexander. Of these three disreputable people we shall be hearing presently, for Sarah tried to implicate them in this crime which she certainly committed alone. It is said that the Newgate officers recognized Sarah on her arrival. She had often been to the prison to visit an Irish thief, convicted for stealing the pack of a Scots pedlar.

It will be seen from Sarah's own defence how she tried to implicate Tracey and the two Alexanders:

"I freely own that my crimes deserve death; I own that I was accessory to the robbery, but I was innocent of the murder, and will give an account of the whole affair.

"I lived with Mrs Lydia Duncomb about three months before she was murdered. The robbery was contrived by Mary Tracey, who is now in confinement, and myself, my own vicious inclinations agreeing with hers.

We likewise proposed to rob Mr Oakes in Thames Street. She came to me at my master's, Mr Kerrel's chambers, on the Sunday before the murder was committed; he not being then at home, we talked about robbing Mrs Duncomb. I told her I could not pretend to do it by myself, for I should be found out. 'No,' says she, 'there are the two Alexanders will help us.' Next day I had seventeen pounds sent me out of the country, which I left in Mr Kerrel's drawers. I met them all in Cheapside the following Friday, and we agreed on the next night, and so parted.

"Next day, being Sat.u.r.day, I went between seven and eight in the evening to see Mrs Duncomb's maid, Elizabeth Harrison, who was very bad. I stayed a little while with her, and went down, and Mary Tracey and the two Alexanders came to me about ten o'clock, according to appointment."

On this statement the whole implication of Tracey and the Alexanders by Sarah stands or falls. It falls for the reason that the Temple porter had seen no stranger pa.s.s the gate that night, n.o.body but Templars going to their chambers. The one fact riddles the rest of Sarah's statement in defence, but, as it is somewhat of a masterpiece in lying invention, I shall continue to quote it. "Mary Tracey would have gone about the robbery just then, but I said it was too soon. Between ten and eleven she said, 'We can do it now.' I told her I would go and see, and so went upstairs, and they followed me. I met the young maid on the stairs with a blue mug; she was going for some milk to make a sack posset. She asked me who were those that came after me. I told her they were people going to Mr Knight's below. As soon as she was gone I said to Mary Tracey, 'Now do you and Tom Alexander go down. I know the door is ajar, because the old maid is ill, and can't get up to let the young maid in when she comes back.' Upon that, James Alexander, by my order, went in and hid himself under the bed; and as I was going down myself I met the young maid coming up again. She asked me if I spoke to Mrs Betty. I told her no; though I should have told her otherwise, but only that I was afraid she might say something to Mrs Betty about me, and Mrs Betty might tell her I had not been there, and so they might have a suspicion of me."

There is a possibility that this part of her confession, the tale of having met the young maid, Nanny, may be true.[21] And here may the truth of the murder be hidden away. Very likely it is, indeed, that Sarah encountered the girl going out with the blue mug for milk to make a sack posset, and she may have slipped in by the open door to hide under the bed until the moment was ripe for her terrible intention. On the other hand, if there is truth in the tale of her encountering the girl again as she returned with the milk--and her cunning in answering "no" to the maid's query if she had seen Mrs Betty has the real ring--other ways of getting an entry were open to her. We know that the lock of the vacant chambers opposite Mrs Duncomb's would have yielded to small manipulation. It is not at all unlikely that Sarah, having been charwoman to the old lady, and with the propensities picked up from her Sh.o.r.editch acquaintances, had made herself familiar with the locks on the landing. So that she may have waited her hour in the empty rooms, and have got into Mrs Duncomb's by the same method used by Mrs Oliphant after the murder. She may even have slipped back the spring-catch of the outer door. One account of the murder suggests that she may have asked Ann Price, on one pretext or other, to let her share her bed. It certainly was not beyond the callousness of Sarah Malcolm to have chosen this method, murdering the girl in her sleep, and then going on to finish off the two helpless old women.

The truth, as I have said, lies hidden in this extraordinarily mendacious confection. Liars of Sarah's quality are apt to base their fabrications on a structure, however slight, of truth. I continue with the confession, then, for what the reader may get out of it.

"I pa.s.sed her [Nanny Price] and went down, and spoke with Tracey and Alexander, and then went to my master's chambers, and stirred up the fire. I stayed about a quarter of an hour, and when I came back I saw Tracey and Tom Alexander sitting on Mrs Duncomb's stairs, and I sat down with them. At twelve o'clock we heard some people walking, and by and by Mr Knight came home, went to his room, and shut the door. It was a very stormy night; there was hardly anybody stirring abroad, and the watchmen kept up close, except just when they cried the hour. At two o'clock another gentleman came, and called the watch to light his candle, upon which I went farther upstairs, and soon after this I heard Mrs Duncomb's door open; James Alexander came out, and said, 'Now is the time.' Then Mary Tracey and Thomas Alexander went in, but I stayed upon the stair to watch. I had told them where Mrs Duncomb's box stood. They came out between four and five, and one of them called to me softly, and said, 'Hip! How shall I shut the door?' Says I, ''Tis a spring-lock; pull it to, and it will be fast.' And so one of them did. They would have shared the money and goods upon the stairs, but I told them we had better go down; so we went under the arch by Fig-tree Court, where there was a lamp. I asked them how much they had got. They said they had found fifty guineas and some silver in the maid's purse, about one hundred pounds in the chest of drawers, besides the silver tankard and the money in the box and several other things; so that in all they had got to the value of about three hundred pounds in money and goods. They told me that they had been forced to gag the people. They gave me the tankard with what was in it and some linen for my share, and they had a silver spoon and a ring and the rest of the money among themselves. They advised me to be cunning and plant the money and goods underground, and not to be seen to be flush. Then we appointed to meet at Greenwich, but we did not go.[22]

"I was taken in the manner the witnesses have sworn, and carried to the watch-house, from whence I was sent to the Compter, and so to Newgate.

I own that I said the tankard was mine, and that it was left me by my mother: several witnesses have swore what account I gave of the tankard being b.l.o.o.d.y; I had hurt my finger, and that was the occasion of it. I am sure of death, and therefore have no occasion to speak anything but the truth. When I was in the Compter I happened to see a young man[23]

whom I knew, with a fetter on. I told him I was sorry to see him there, and I gave him a s.h.i.+lling, and called for half a quartern of rum to make him drink. I afterwards went into my room, and heard a voice call me, and perceived something poking behind the curtain. I was a little surprised, and looking to see what it was, I found a hole in the wall, through which the young man I had given the s.h.i.+lling to spoke to me, and asked me if I had sent for my friends. I told him no. He said he would do what he could for me, and so went away; and some time after he called to me again, and said, 'Here is a friend.'