The Catholic World Volume Iii Part 100

When he sings the ma.s.s, he faces the east.

Therein.

On Sunday next he will face the west, When my Nannie and I go up abreast, Therein, And carry our wedding-ring.

And when we die, as die we must; Therein, therein, The priest will pray o'er the breathless dust, Therein; And our graves will be planted side by side.

But the hearts that loved shall not abide Therein, But love in Heaven again.

C.W.

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From The Lamp.

UNCONVICTED; OR, OLD THORNELEY'S HEIRS.

CHAPTER V.

THE VERDICT AT THE INQUEST

From the time that suspicions as to the manner of Gilbert Thorneley's death had been communicated to Scotland Yard, the house in Wimpole street was taken possession of by the police, and all egress or ingress not subject to the knowledge and approval of the officer in charge was prohibited. Merrivale had been allowed on the previous day to see the body of poor old Thorneley, but with much difficulty, as the police had strict orders not to allow any strangers access to the chamber of death. He told me this on our way to the inquest.

"By the by," he said, "did you know that Wilmot is acting as sole executor of his uncle, and has taken upon himself the responsibility of ordering everything about the funeral? I asked Atherton about it yesterday evening, and he says Wilmot came to him and asked what was to be done, as Smith and Walker had said that he and Atherton, as only relatives of the deceased, were the proper persons to open the will, and see who were left his executors. Atherton, with his usual thoughtlessness for his own interests, bade him act as he considered right in everything, and was too much overwhelmed with his own sorrow to think of anything else. Wilmot then went to Smith's and opened the will, which was deposited there, and finds he is left sole executor; and, mind you, I fancy he's sole heir likewise, for he's as c.o.xy as ever he can be. Mark my words, Kavanagh, there'll be a hitch about that will as sure as I'm alive."

I felt that Merrivale spoke with a purpose; but I answered him coolly: "I think so too; and Wilmot will find himself in the wrong box."

"If I thought it was any use," continued he, "I would ask you once more to confide to me the nature of the business which took you to Thorneley's on Tuesday evening."

"It will transpire in due time, Merrivale. I pa.s.s you my word it is utterly useless knowledge now; nor does it in any way affect Hugh Atherton's present position. G.o.d knows that nothing should keep me silent if I thought that silence would injure in the smallest degree one so dear to me--Will he be present to day?" I asked in a little while.

"Yes; he seemed very anxious to watch the proceedings; and on the whole I thought it better he should. I never saw such a man," said Merrivale, with a burst of enthusiasm very unlike his usual dry, cold manner; "he thinks of every one but himself. He is princ.i.p.ally anxious to be there that he may detect any flaw in the evidence, or find any clue that may lead to the discovery of the real murderer of his uncle, apparently without any thought of saving himself, as if that were a secondary consideration. He seems to think more of the old man's death and take it to heart than of anything which has happened to himself; except when he speaks of Miss Leslie, and then he breaks down entirely. I have prepared him for having to hear your evidence, and I likewise mentioned that his uncle had sent for you the night of his death; and that you considered yourself bound in honor not to mention yet what transpired at the interview, but you had a.s.sured me it would throw no light upon our present darkness."

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"Darkness, indeed! O my poor Hugh!"

"He expressed great surprise, and said; 'Well, this will be the first and only secret affecting either of us which John has ever kept from me. Wilmot hinted that some one had been at work who was not friendly to me; but I told him I didn't believe I had an enemy: and I don't and won't believe it now.' Then I asked him if he wouldn't like to see you, and I think in his heart he would; but he seemed to hesitate, and at last said: 'No, it is best not, best for us both--at least until after this,'--meaning the inquest--'is over.'"

The first secret! No, not the first, Hugh, not the first; but the other could never have divided us, could never have raised one shadow between us, I had buried it deep down in its lonely grave, and laid its ghost by the might of my strong love for you, my friend and brother!

The house in Wimpole street looked gloomy enough, with its close-shut blinds and the two policemen keeping guard on either side the door, suggestive of death--of murder! There was a small crowd collected round; not such a crowd as had a.s.sembled before the police-station, but something like. Street-children, errand-boys, stray costermongers with their barrows, pa.s.sing tradesmen with their carts or baskets, and women--slatterns from neighboring alleys and back-streets, Irish women from the Marylebone courts and slums; and each arrival caused fresh agitation and excitement amidst that crowd of upturned eager faces gathered there, _waiting for the verdict_.

"That's him," cried a voice as our cab drove up to the door--"that's Corrinder Javies!"' "No, it an't, bless yer innercence! the corrinder wears a scarlet gownd and a gold-laced 'at." "Tell ye he don't; he wears a black un, and ers got it in his bag." "Yah!--the lawyer, the nevy's lawyer!" followed by a yell of imprecations. The nearest _gamin_ on the door-step had heard Merrivale give his name to the policemen and demand admission, and had handed it down to his fellows.

So, with the sounds of the brutal mob ringing in our ears, we pa.s.sed the threshold of the murdered man's house. A cold shudder seized me as I stood in the hall, and I seemed to feel as if the spirit of the dead were hovering about in disquiet, and unable to rest. A superintendent of the police received us in the hall, and we asked him if we could go up to see the body. After some demur he went up-stairs with us, and unlocked the chamber of death. There in his sh.e.l.l lay all that remained of Gilbert Thorneley, he whose name and fame had been world-wide. Fame, for what? For ama.s.sing wealth; for grinding down the poor; for toiling, slaving, wearing himself out in the busy march of life, with no thought but for that life which perishes heaping up riches which must be relinquished on the grave's brink; which could bring him no comfort nor solace in the valley of the shadow; which perchance, in the inscrutable designs of providence, had been used as an instrument of retribution against him. I looked at his worn face--seamed with the lines of care, furrowed with the struggles that had brought so little reward--and remembered that last evening when I had seen and spoken with him--of the secret he had confided to me, of what he had so darkly hinted at; and I fancied I could read in his unplacid face that death had visited him in all its intensity of bitterness, that the bodily suffering had been nothing compared to the ocean of remorse which had swept over his soul. He rested from his weary labors, and the fruits of them had not followed him. G.o.d alone knew the complete history of his life; G.o.d only could supply what had been wanting from the treasures of his mercy; G.o.d only could tell whether that last flood of remorseful anguish had been the sorrow that could be accepted for the sake of One who had died for him.

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Whilst we yet stood gazing on the corpse, word was brought us that the coroner had arrived, and was going to open proceedings. The superintendent once more turned the key upon the dead; and we descended to the first-floor.

"I must divide you, gentlemen, now," said he. "You, sir," to Merrivale, "will please to come with me to the inquest-room; and you, Mr. Kavanagh, must wait in this back drawing-room until we send for you. I thought you'd prefer being alone, to going along with the other witnesses."

"Yes," I said; "I should much prefer it."

I avail myself of the newspaper-reports, together with Mr. Merrivale's notes, for an account of the inquest; and I have also used his observations made on the personal appearance, manner, etc, of the witnesses and others who took part in it. For myself, I remained in that dark dingy back-room until my turn came to give evidence.

I heard the dull tramp of the jury-men as they went up-stairs and entered the room overhead to view the body, and their hushed murmurs as they came down. I heard the hum of voices in the front drawing-room, where the witnesses were a.s.sembled, and the distinct orders issued at intervals by the police. I remember standing at the window looking into the dismal back-garden, noting mechanically the various small sights in the back-gardens opposite. I remember staring for a quarter of an hour at two cats fighting on the wall--a black and a tabby; and listening to their dismal squalls. If they had been two tigers tearing each other to pieces on that back garden-wall in the midst of this eminently civilized city, I don't think it would have made more impression on my brain than did those two specimens of the feline race. And last, I remember walking, as in a dream, into the dining-room, where sat the coroner at the head of the long table, and ranged on either side of him the twelve jury-men. I remember seeing a man whom I recognized as one of the deceased's solicitors, Mr. Walker, occupying a chair at a small side-table with his clerk, and on the opposite side of the room at another table sat Merrivale: while just behind him, guarded--ay, _guarded_--by a policeman, sat Hugh Atherton; and that as I came and took a chair placed for me at the other end of the long table, he raised his eyes and looked full upon me, and that I knew then the deadly influence which had been at work--for it was no longer the friendly, trustful look of old; I knew--yes, I knew that our warm friends.h.i.+p had died the death, that a traitor's hand had helped to slay it. I knew, and knowing it the pain was so intense, so like a knife entering my heart, that unconsciously I raised my hand as though to ward off the agony that had come upon me, and a cry escaped my lips--"Hugh, Hugh!" And then I heard the coroner addressing me in the calm business tones of a man accustomed to do his terrible work.

The first witness called was Mr. Evans, surgeon. He said:

"I am a member of the Royal College of Surgeons, and live at 138 Wimpole street. I was summoned to Mr. Thorneley's house about seven o'clock on the morning of the 24th; and was taken up into deceased's room. He was in bed, lying on his back, the eyes partially open, and the forehead and mouth contracted, as though great pain had preceded death. He had apparently been dead some hours. There was a stiffness, however, about the body, and an unusual rigidity of the limbs, which excited my suspicion. The feet were likewise arched. The housekeeper and the man-servant were in the room with the deceased at the time I arrived. I asked what he had taken last before going to bed. The housekeeper replied he had taken his bitter {602} ale as usual about nine o'clock. I asked to see the bottle out of which he had taken the ale. The housekeeper bade the man go down to his master's study and fetch up the tray. On it were a pint-bottle of Ba.s.s's bitter ale, a tumbler, and a plate of hard biscuit. There were a few drops at the bottom of the gla.s.s. I smelt and tasted them; there was no peculiar smell, but the taste was unusually bitter. It suggested to me that strychnine might have been introduced. In the bottle about half a tumblerful of ale was left. I took possession of it for the purpose of a.n.a.lysis, with the tumbler still containing a few drops. I said to the housekeeper: 'Information must be sent at once to the police.' This was done. I remained until the superintendent arrived, and then proceeded to my house with the ale-bottle and gla.s.s. I immediately subjected the contents of both to the usual process. In the few drops contained in the gla.s.s I discovered the appearance of strychnine. The contents of the bottle were perfectly free." (Sensation.) "I then went back to Mr. Thorneley's house, and reported the results to the police-officer, who communicated with Scotland Yard, the deceased's relative Mr. Wilmot, and his lawyers. I demanded that the family medical man should be summoned. On his arrival we made a _post-mortem_ examination, and removed the stomach with its contents, sealed and despatched them to Professor T---- for a.n.a.lysis. We both refused a death-certificate until the results of that a.n.a.lysis had been ascertained. We agreed ourselves in suspecting death had originated through poison, and that the poison had been strychnine. There was no appearance of any disease in either heart, lungs, or brain, which should cause sudden death. All three organs were in a perfectly healthy state."

Dr. Robinson, physician, and the usual medical attendant of deceased, corroborated the above evidence in every particular.

Professor T---- next deposed that he received the stomach of deceased with its contents from Dr. Robinson and Mr. Evans. That he had a.n.a.lyzed the latter, and had detected and separated strychnine in very minute quant.i.ties; on further test, positive proof of the existence of the poison was afforded by the colors produced. Upon introducing some of the suspected matter into the body of a frog, death had been produced from tetanic convulsions; thus demonstrating the existence of strychnine. His opinion was that deceased had died from the effects of strychnine administered in bitter ale; that the quant.i.ty administered had been about one grain, not more--it might be less.

Mrs. Haag, the housekeeper, was then examined. She was a woman past fifty in appearance; her face was remarkable; so perfectly immobile and pa.s.sionless in its expression. Her hair, eyebrows, and eyelashes were of a pale sandy color; and her drooping eyelids had that peculiar motion in them which novelists call "s.h.i.+vering." She gave her answers in clear low tones; but seldom raising her eyes to the interrogator; they were of a cold bluish-gray, with a dangerous scintillating light in them. Her manners and appearance were those of a woman above her station in life; her language quite grammatical, though tinctured by a slightly foreign idiom and accent; her deportment perfectly self-possessed. She deposed that the deceased had appeared in the same health as usual up to the evening previous to his death, when on taking in his bitter ale and biscuits she observed that he looked very much flushed and agitated, and his voice had sounded loud and angry as she came up the stairs. He and Mr. Atherton seemed to be having a dispute; and as she came into the room she distinctly heard Mr.

Atherton say to her master, "You will bitterly repent to-morrow what you have said to-night." She could swear to the words, for they made an {603} impression upon her. Had not heard Mr. Wilmot speak whilst in the study. The ale had been brought up from the cellar by Barker, who uncorked it down-stairs, as usual, in presence of the other servants.

Barker had accompanied her to the study-door, and opened it for her.

Always took in the ale when her master was alone, or when only the young gentlemen (Wilmot and Atherton) were there; and waited to receive his orders for the next day. Deceased always took bitter ale at nine o'clock, with hard biscuits.

Mr. Merrivale: "Did you not pour some ale out into the tumbler before taking it up-stairs?"

"I did not."

"Would you swear you did not?"

"Certainly I would swear it."

Evidence continued: To her knowledge he had taken nothing since the ale. The young gentlemen never took bitter ale: Mr. Atherton didn't like it, and Mr. Wilmot could not drink it. Only one tumbler had been brought up. The tray had remained in the study just as Mr. Thorneley had left it, and had not been touched until the following morning, when the doctor asked to have the bottle and gla.s.s brought to him.

Barker, the man-servant, had fetched the tray from the study. No one had entered the study from the time Mr. Thorneley had gone to bed, until Barker had gone there for the tray the next morning. She had locked the door on the outside as she went up to bed, but had not gone into the room. On the morning of the 24th she was roused by a violent knocking at her door, and by Barker saying, in a very agitated manner, "For G.o.d's sake get up directly, Mrs. Haag, and come to master; for I fear he's dead!" Had hurried on a few clothes, and gone instantly to Mr. Thorneley's room. The deceased was in bed, the eyes partially open, and the mouth contracted, as if in an agony of pain. She had touched his hand and found it quite cold. Then they both had stooped to listen if he breathed; but he did not. Barker said: "I fear it's all up with him; he must have had a fit and died in the night. What's to be done, Mrs. Haag?" Replied, "Send at once for a doctor." The other servants now came crowding in, and one of them ran off immediately for the nearest surgeon. He arrived in less than half an hour. No one had touched the body until the arrival of the doctor; they had all feared lest they might do harm by touching it. Had lived in the service of deceased nearly thirty years; he had been a severe but just master to her. Was a Belgian by birth; but had lived nearly all her life in England. Was a widow; had no children living, nor any relations alive that she knew of. Examined as to what had transpired before taking the ale to the study, Mrs. Haag deposed that Mr. John Kavanagh had called on Mr. Thorneley at seven o'clock, and been closeted with him for an hour; that a short time before he went away the study-bell rang, which was answered by Barker, who came down into the servants'-hall and told Thomas the coachman to go up with him to his master's room. When they came down, they said they had been signing their names as witnesses to some paper, which both of them had supposed was a will; but that neither their master nor Mr. Kavanagh had told them so. She had put on her things whilst they were upstairs, and just after they returned she went out--Questioned as to her errand, said she went to buy some ribbon she wanted at a shop in Oxford street; that returning home by Vere street she saw Mr. Atherton coming out of the chemist's shop at the corner of Oxford street, and heard him speak to Mr. Kavanagh. Heard the words "Kavanagh,"

"Atherton," and saw them shake hands. Could swear to their ident.i.ty.--Questioned by Mr. Merrivale, solicitor for the prisoner, as to how it had come about that she had been witness to the meeting between the two gentlemen at {604} the corner of Vere street and Oxford street, and yet was met only in the middle of Vere street--a very short street--at least five minutes afterwards by Mr. Kavanagh, denied meeting Mr. Kavanagh at all in Vere street; had pa.s.sed the two gentlemen at the corner, and gone straight home. Had worn no veil that evening.--Examination resumed by the coroner: Had not seen her master since taking the ale into the study; had gone to the door after the gentlemen had left, but found it locked, and received for answer, he was busy, and did not require anything. Mr. Wilmot had left some time previous to Mr. Atherton; she had seen neither to speak to them that evening. This was the pith of the housekeeper's evidence.

John Barker was the next witness called, who corroborated everything deposed by Mrs. Haag. Asked by a juryman if it was he who signed the paper on the evening before Mr. Thorneley's death, replied it was. Was he aware of the nature of the doc.u.ment? No; but both he and Thomas the coachman, who had likewise signed, fancied it must be a will. Had lived nearly twenty years with his master, and often witnessed business papers, but never asked what they were.--Questioned by Mr.

Merrivale as to whether he had noticed any conversation which pa.s.sed between Mr. Wilmot and Mr. Atherton in the hall the night before the deceased died, replied he had caught one or two words.--Told by the coroner to repeat them. After seeming to recollect himself for a moment or two, said he had heard Mr. Wilmot say he must get some money out of the governor; to which Mr. Atherton had replied in rather a low voice; but he had heard the words, "won't live long," and "to be worried," and "our affairs."--Asked by the prisoner if the sentence had not been, "He is getting very old, and won't live long; he ought not to be worried with our affairs"? Replied he could not say; it might have been so; but what he had repeated was the whole of what he had distinctly heard. He wished to say that he believed Mr. Atherton to be innocent; for he was very fond of poor master, and his uncle always seemed more partial to him than to any one else--much more than to Mr. Wilmot.

Thomas Spriggs the coachman, the cook, and the housemaid, were then examined respectively, and their evidence corroborated every statement made before; only one fresh feature presented itself. The cook volunteered to state that she had been awoke, in the middle of the night on which her master died, by some noise, and had fancied she heard stealthy footsteps on the stairs.--Questioned upon this, said that she meant the stairs leading from the third story where the women-servants slept, to the second story..

Were they front or back-stairs?

Front-stairs; the back-stairs only reached the second floor. That the housekeeper occupied one room to herself, she and the housemaid another, and the third was empty. She had not dared to get out of bed, believing it was the ghost.

What ghost?

Oh! the house was haunted; all the servants know it and believed it, except the housekeeper, who had laughed at her shameful, and called her a superst.i.tious woman. But then they had never been what she might call comfortable nor friendly together; for Mrs. 'Aag 'eld herself 'igh and 'orty with all the company in the 'all. Couldn't say at what hour she had been awoke; had drawed the clothes over her 'ed, and said her prayers, and supposed she had fell asleep again, being that way inclined by natur'.

Mr. Merrivale: "Have you and the housekeeper ever fallen out, cook?"