The Catholic World Volume Iii Part 101

Witness: "Well, no, sir. I can't say as we ever 'ave; and I've nothing to bring against her except as she was 'igh and close, which isn't agreeable, sir, when the position of parties is {605} ekally respectable, which mine is, sir, 'aving come of a greengrocer's family as kep' their own wehicle and drove theirselves; and whose mother could afford to be washed out, and never sat down to tea on Sunday without s'rimps or 'winkles or something to give a relish."

Coroner: "That is enough, cook.--Bring in the next witness."

Mr. Lister Wilmot, who appeared much agitated, next deposed: "I went to visit my deceased uncle on the evening of Tuesday last, and whilst taking off my outer coat in the hall, my cousin, Mr. Atherton, arrived. We went into my uncle's study together. Very little conversation pa.s.sed between us. I mentioned my intention of asking my uncle for some money that evening, which I needed, having some pressing bills to pay. My cousin replied something to the effect that he, my uncle, would probably not live long, and we ought not to worry him with our affairs. I think he simply said it with a view to stopping me from making the application: he thinks I am extravagant.

He asked me how much I wanted. I said, 500. He said: 'That is a large sum, Lister; we shall never get the governor to come down as handsome as that.'"

Mr. Merrivale: "Did Mr. Atherton say, 'we shall,' or 'you will'?"

Witness (hesitating:) "I am not quite clear, but I think he said 'we shall.' It was simply a kindly way of speaking. We found my uncle more than usually taciturn and abstracted; but I was so hard pressed I was obliged to brave him, and ask him for money. To my astonishment, instead of venting his anger on me, he turned it all upon my cousin Hugh, and accused him of leading me into extravagance."

Coroner: "Was this so?"

"It was not. Hugh and I are the best of friends; but our pursuits and tastes are totally opposite. I said so to my uncle, and tried to appease him in vain. At last he worked himself into such a rage that he seemed quite reckless of what he said; and hinted that Hugh might pay my debts for me, and if he couldn't do so out of his own pocket, he might get Kavanagh to advance me some out of his future wife's dividends; that I might have got the girl for myself if I had chosen; but as it was, he dared say Kavanagh would marry her in the long-run, for it was easy to see how the wind lay in that quarter."

Mr. Merrivale: "Can you swear to those words?"

"I can. My cousin got very angry at this, and said: 'You have no right to make such remarks or draw any such conclusions; they are false. You will repent of this to-morrow.' I can swear to those words. Just then Mrs. Haag, the housekeeper, brought in my uncle's ale and biscuits, as usual. Barker opened the door for her: I remember that fact. There was only one tumbler with the bottle brought up. Neither myself nor my cousin ever touch that beverage. When Mrs. Haag had left the room, Hugh got up and went to the table where the tray had been placed, and brought a gla.s.s of ale to my uncle with a plate of hard biscuits."

Coroner: "Did you see the prisoner pour out the ale? Where was he standing with regard to yourself?"

"He had his back toward us; I was sitting by the fire opposite my uncle; the table was in the middle of the room. To get the ale Hugh must turn his back to us."

"How long was he at the table?"

Witness, (after a moment's thought:) "A minute or more; but I could not speak positively."

"Sufficient time to have put anything in the ale?"

Witness, (much agitated:) "Am I obliged to answer this?"

"You are not obliged; but an unfavorable interpretation might be put upon your silence."

Witness (in a very low voice:) "There _was_ time."

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Mr. Merrivale: "Did you not observe that some ale was poured out in the tumbler when it was brought up?"

"I did not observe it; it might have been so, but I could not say for certain either way."

Mr. Merrivale to the coroner: "My client desires me to state distinctly that a small quant.i.ty, about a quarter of a gla.s.sful, was already poured out when he went to the tray. He supposes it was done to save the overflow from the bottle."

Coroner: "I will note it."

Evidence continued: "My uncle drank half the ale at a draught, shook his bead, and said: 'It is very bitter, to-night.' We neither made any remark upon it. He likewise took a biscuit and ate it. Soon afterward I rose to go. He would not say good-night to me. Hugh came to the door with me--the study-door--and whispered, 'I'll try to appease him and make it all right for you.' I went straight down-stairs and out of the house. I remember seeing my cousin's coat hanging in the hall; it was a brown-tweed waterproof one; but I did not touch it. The coachman came the following morning with the sad news to my chambers."

Mr. Merrivale: "Are you acting as sole executor, Mr. Wilmot?"

"I am; my cousin is aware of it."

Mr. Walker: "It is illegal to ask for any depositions about the deceased's will here."

Coroner: "I am the best judge of that, Mr. Walker. Anything which throws light upon what we have to find out must be received as evidence."

Mr. Merrivale: "Were you aware what the contents of your late uncle's will were before you opened it at Messrs. Smith and Walker's?"

"I was not; but both Hugh Atherton and myself were led to antic.i.p.ate what the tenor of it would be."

"Have the results fulfilled your antic.i.p.ations?"

"I don't consider myself warranted in answering such a question."

Coroner: "Have you any thing else to state, Mr. Wilmot?"

"Nothing, except that I believe in my cousin's innocence."

Mr. John Kavanagh was then called, and, after the usual preliminaries, stated that on his return from a tour in Switzerland on the afternoon of Tuesday, the 23d, he found a note from Mr. Thorneley, which he now produced. (Note read by the coroner and pa.s.sed on to the jurymen.) That upon receipt of it he had gone to Mr. Thorneley's at the hour appointed, and had been shown at once into that gentleman's study. Had found him very much altered for the worse and aged since last he had seen him, some months since. He looked as if some heavy trouble were upon him, weighing him down. He had transacted the business required, which occupied, he should say, an hour, and had then left him as calm and as well as when he (witness) first entered the room. He had chosen to walk home, and, stopping to light a segar at the corner of Vere street, had met Mr. Atherton _coming out of the chemist's shop_. Mr.

Atherton had offered to accompany him home, but he (Witness) had refused, and they had parted, Mr Atherton stating his intention of coming to see him on the morrow. That the moment after, he had repented his refusal and hurried back to ask him to return; but being near-sighted and the night dark, had not been able to distinguish his figure, and had given up the pursuit. Returning down Vere street, about half-way he had met a female walking very fast, but who in pa.s.sing had almost stopped, and stared very hard at him. She had on a thick veil, so he could not see her face, nor did he recognize her figure. The circ.u.mstance had pa.s.sed from his mind until detective Jones had told him that Mr. Thorneley's housekeeper had been in Vere street that evening, and seen his meeting with Mr. Atherton, and then it had struck him it might have been she.--(Here Mr. Merrivale was seen to confer very earnestly with the {607} prisoner, and afterward to pa.s.s a slip of paper to the coroner, who after reading it bowed, as if in a.s.sent, and then beckoned to a policeman, who left the room.) He had gone straight home to his chambers, and being tired went early to bed, and did not wake till very late the following morning, when his clerk had told him the news of Mr. Thorneley's death, and detective Jones had called upon him shortly afterward.

By the coroner: "What was the nature of the business which you transacted with deceased?"

"I am bound over very solemnly not to mention it until a certain time."

"Was it a will you called the two servants to witness?"

"I am not at liberty to answer. I pa.s.s my word as a gentleman and a man of honor that in no way do I consider this to affect my friend Mr.

Atherton's present position; and that when it does I shall consider myself free to speak."

Mr Walker: "We shall compel you, Mr. Kavanagh, to speak in another place than this. The breach of etiquette you have committed will not be pa.s.sed over by us as the family and confidential legal advisers of the deceased gentleman."

"We shall both act as we think right, Mr. Walker."

The prisoner here in a very hollow voice said "For G.o.d's sake, and for the sake of one who is dear to us both, I entreat you, John Kavanagh, to reveal any thing that may help to clear an innocent man from this frightful imputation."

"I will, Hugh, so help me G.o.d! But it would avail you nothing to speak now."

Coroner: "Have you anything further to state?"

"Nothing, save my most solemn religious conviction that Mr. Atherton is innocent, and that he is the victim of the foulest plot."

Mr. Walker here appealed to the coroner, and said he objected to such insinuations being made there; that Mr. Kavanagh had done his best to criminate the prisoner, and that he was now trying to cast the blame upon others.

Mr. Kavanagh was about to make some violent answer, when the coroner called to order.

Mr. Merrivale: "Will you have the goodness, Mr. Kavanagh, to look toward the end of the room, and see if you identify any one there?"

Mr. Kavanagh: "My G.o.d! _It is she!_"

Coroner: "Who?"