The Red Thumb Mark Part 35

"Now, was that thumb-print made by the prisoner's thumb? You have had conclusive evidence that it was not. That thumb-print differed in the size, or scale, of the pattern from a genuine thumb-print of the prisoner's. The difference was small, but it was fatal to the police theory; the two prints were not identical.

"But, if not the prisoner's thumb-print, what was it? The resemblance of the pattern was too exact for it to be the thumb-print of another person, for it reproduced not only the pattern of the ridges on the prisoner's thumb, but also the scar of an old wound. The answer that I propose to this question is, that it was an intentional imitation of the prisoner's thumb-print, made with the purpose of fixing suspicion on the prisoner, and so ensuring the safety of the actual criminal. Are there any facts which support this theory? Yes, there are several facts which support it very strongly.

"First, there are the facts that I have just mentioned. The red thumb-print disagreed with the genuine print in its scale or dimensions. It was not the prisoner's thumb-print; but neither was it that of any other person. The only alternative is that it was a forgery.

"In the second place, that print was evidently made with the aid of certain appliances and materials, and one of those materials, namely defibrinated blood, was found in the safe.

"In the third place, there is the coincidence that the print was one which it was possible to forge. The prisoner has ten digits-eight fingers and two thumbs. But there were in existence actual prints of the two thumbs, whereas no prints of the fingers were in existence; hence it would have been impossible to forge a print of any of the fingers. So it happens that the red thumb-print resembled one of the two prints of which forgery was possible.

"In the fourth place, the red thumb-print reproduces an accidental peculiarity of the 'Thumbograph' print. Now, if the red thumb-print is a forgery, it must have been made from the 'Thumbograph' print, since there exists no other print from which it could have been made. Hence we have the striking fact that the red thumb-print is an exact replica-including accidental peculiarities-of the only print from which a forgery could have been made. The accidental S-shaped mark in the 'Thumbograph' print is accounted for by the condition of the paper; the occurrence of this mark in the red thumb-print is not accounted for by any peculiarity of the paper, and can be accounted for in no way, excepting by a.s.suming the one to be a copy of the other. The conclusion is thus inevitable that the red thumb-print is a photo-mechanical reproduction of the 'Thumbograph' print.

"But there is yet another point. If the red thumb-print is a forgery reproduced from the 'Thumbograph' print, the forger must at some time have had access to the 'Thumbograph.' Now, you have heard Mrs. Hornby's remarkable story of the mysterious disappearance of the 'Thumbograph' and its still more mysterious reappearance. That story can have left no doubt in your minds that some person had surrept.i.tiously removed the 'Thumbograph' and, after an unknown interval, secretly replaced it. Thus the theory of forgery receives confirmation at every point, and is in agreement with every known fact; whereas the theory that the red thumb-print was a genuine thumb-print, is based upon a gratuitous a.s.sumption, and has not had a single fact advanced in its support.

"Accordingly, gentlemen, I a.s.sert that the prisoner's innocence has been proved in the most complete and convincing manner, and I ask you for a verdict in accordance with that proof."

As Anstey resumed his seat, a low rumble of applause was heard from the gallery. It subsided instantly on a gesture of disapproval from the judge, and a silence fell upon the court, in which the clock, with cynical indifference, continued to record in its brusque monotone the pa.s.sage of the fleeting seconds.

"He is saved, Dr. Jervis! Oh! surely he is saved!" Juliet exclaimed in an agitated whisper. "They must see that he is innocent now."

"Have patience a little longer," I answered. "It will soon be over now."

Sir Hector Trumpler was already on his feet and, after bestowing on the jury a stern hypnotic stare, he plunged into his reply with a really admirable air of conviction and sincerity.

"My lord and gentlemen of the jury: The case which is now before this Court is one, as I have already remarked, in which human nature is presented in a highly unfavourable light. But I need not insist upon this aspect of the case, which will already, no doubt, have impressed you sufficiently. It is necessary merely for me, as my learned friend has aptly expressed it, to disentangle the actual facts of the case from the web of casuistry that has been woven around them.

"Those facts are of extreme simplicity. A safe has been opened and property of great value abstracted from it. It has been opened by means of false keys. Now there are two men who have, from time to time, had possession of the true keys, and thus had the opportunity of making copies of them. When the safe is opened by its rightful owner, the property is gone, and there is found the print of the thumb of one of these two men. That thumb-print was not there when the safe was closed. The man whose thumb-print is found is a left-handed man; the print is the print of a left thumb. It would seem, gentlemen, as if the conclusion were so obvious that no sane person could be found to contest it; and I submit that the conclusion which any sane person would arrive at-the only possible conclusion-is, that the person whose thumb-print was found in the safe is the person who stole the property from the safe. But the thumb-print was, admittedly, that of the prisoner at the bar, and therefore the prisoner at the bar is the person who stole the diamonds from the safe.

"It is true that certain fantastic attempts have been made to explain away these obvious facts. Certain far-fetched scientific theories have been propounded and an exhibition of legerdemain has taken place which, I venture to think, would have been more appropriate to some place of public entertainment than to a court of justice. That exhibition has, no doubt, afforded you considerable amus.e.m.e.nt. It has furnished a pleasing relaxation from the serious business of the court. It has even been instructive, as showing to what extent it is possible for plain facts to be perverted by misdirected ingenuity. But unless you are prepared to consider this crime as an elaborate hoax-as a practical joke carried out by a facetious criminal of extraordinary knowledge, skill and general attainments-you must, after all, come to the only conclusion that the facts justify: that the safe was opened and the property abstracted by the prisoner. Accordingly, gentlemen, I ask you, having regard to your important position as the guardians of the well-being and security of your fellow-citizens, to give your verdict in accordance with the evidence, as you have solemnly sworn to do; which verdict, I submit, can be no other than that the prisoner is guilty of the crime with which he is charged."

Sir Hector sat down, and the jury, who had listened to his speech with solid attention, gazed expectantly at the judge, as though they should say: "Now, which of these two are we to believe?"

The judge turned over his notes with an air of quiet composure, writing down a word here and there as he compared the various points in the evidence. Then he turned to the jury with a manner at once persuasive and confidential-

"It is not necessary, gentlemen," he commenced, "for me to occupy your time with an exhaustive a.n.a.lysis of the evidence. That evidence you yourselves have heard, and it has been given, for the most part, with admirable clearness. Moreover, the learned counsel for the defence has collated and compared that evidence so lucidly, and, I may say, so impartially, that a detailed repet.i.tion on my part would be superfluous. I shall therefore confine myself to a few comments which may help you in the consideration of your verdict.

"I need hardly point out to you that the reference made by the learned counsel for the prosecution to far-fetched scientific theories is somewhat misleading. The only evidence of a theoretical character was that of the finger-print experts. The evidence of Dr. Rowe and of Dr. Thornd.y.k.e dealt exclusively with matters of fact. Such inferences as were drawn by them were accompanied by statements of the facts which yielded such inferences.

"Now, an examination of the evidence which you have heard shows, as the learned counsel for the defence has justly observed, that the entire case resolves itself into a single question, which is this: 'Was the thumb-print that was found in Mr. Hornby's safe made by the thumb of the prisoner, or was it not?' If that thumb-print was made by the prisoner's thumb, then the prisoner must, at least, have been present when the safe was unlawfully opened. If that thumb-print was not made by the prisoner's thumb, there is nothing to connect him with the crime. The question is one of fact upon which it will be your duty to decide; and I must remind you, gentlemen, that you are the sole judges of the facts of the case, and that you are to consider any remarks of mine as merely suggestions which you are to entertain or to disregard according to your judgement.

"Now let us consider this question by the light of the evidence. This thumb-print was either made by the prisoner or it was not. What evidence has been brought forward to show that it was made by the prisoner? Well, there is the evidence of the ridge-pattern. That pattern is identical with the pattern of the prisoner's thumb-print, and even has the impression of a scar which crosses the pattern in a particular manner in the prisoner's thumb-print. There is no need to enter into the elaborate calculations as to the chances of agreement; the practical fact, which is not disputed, is that if this red thumb-print is a genuine thumb-print at all, it was made by the prisoner's thumb. But it is contended that it is not a genuine thumb-print; that it is a mechanical imitation-in fact a forgery.

"The more general question thus becomes narrowed down to the more particular question: 'Is this a genuine thumb-print or is it a forgery?' Let us consider the evidence. First, what evidence is there that it is a genuine thumb-print? There is none. The ident.i.ty of the pattern is no evidence on this point, because a forgery would also exhibit ident.i.ty of pattern. The genuineness of the thumb-print was a.s.sumed by the prosecution, and no evidence has been offered.

"But now what evidence is there that the red thumb-print is a forgery?

"First, there is the question of size. Two different-sized prints could hardly be made by the same thumb. Then there is the evidence of the use of appliances. Safe-robbers do not ordinarily provide themselves with inking-slabs and rollers with which to make distinct impressions of their own fingers. Then there is the accidental mark on the print which also exists on the only genuine print that could have been used for the purpose of forgery, which is easily explained on the theory of a forgery, but which is otherwise totally incomprehensible. Finally, there is the strange disappearance of the 'Thumbograph' and its strange reappearance. All this is striking and weighty evidence, to which must be added that adduced by Dr. Thornd.y.k.e as showing how perfectly it is possible to imitate a finger-print.

"These are the main facts of the case, and it is for you to consider them. If, on careful consideration, you decide that the red thumb-print was actually made by the prisoner's thumb, then it will be your duty to p.r.o.nounce the prisoner guilty; but if, on weighing the evidence, you decide that the thumb-print is a forgery, then it will be your duty to p.r.o.nounce the prisoner not guilty. It is now past the usual luncheon hour, and, if you desire it, you can retire to consider your verdict while the Court adjourns."

The jurymen whispered together for a few moments and then the foreman stood up.

"We have agreed on our verdict, my lord," he said.

The prisoner, who had just been led to the back of the dock, was now brought back to the bar. The grey-wigged clerk of the court stood up and addressed the jury.

"Are you all agreed upon your verdict, gentlemen?"

"We are," replied the foreman.

"What do you say, gentlemen? Is the prisoner guilty or not guilty?"

"Not guilty," replied the foreman, raising his voice and glancing at Reuben.

A storm of applause burst from the gallery and was, for the moment, disregarded by the judge. Mrs. Hornby laughed aloud-a strange, unnatural laugh-and then crammed her handkerchief into her mouth, and so sat gazing at Reuben with the tears coursing down her face, while Juliet laid her head upon the desk and sobbed silently.

After a brief s.p.a.ce the judge raised an admonitory hand, and, when the commotion had subsided, addressed the prisoner, who stood at the bar, calm and self-possessed, though his face bore a slight flush-

"Reuben Hornby, the jury, after duly weighing the evidence in this case, have found you to be not guilty of the crime with which you were charged. With that verdict I most heartily agree. In view of the evidence which has been given, I consider that no other verdict was possible, and I venture to say that you leave this court with your innocence fully established, and without a stain upon your character. In the distress which you have recently suffered, as well as in your rejoicing at the verdict of the jury, you have the sympathy of the Court, and of everyone present, and that sympathy will not be diminished by the consideration that, with a less capable defence, the result might have been very different.

"I desire to express my admiration at the manner in which that defence was conducted, and I desire especially to observe that not you alone, but the public at large, are deeply indebted to Dr. Thornd.y.k.e, who, by his insight, his knowledge and his ingenuity, has probably averted a very serious miscarriage of justice. The Court will now adjourn until half-past two."

The judge rose from his seat and everyone present stood up; and, amidst the clamour of many feet upon the gallery stairs, the door of the dock was thrown open by a smiling police officer and Reuben came down the stairs into the body of the court.

CHAPTER XVII

AT LAST

"We had better let the people clear off," said Thornd.y.k.e, when the first greetings were over and we stood around Reuben in the fast-emptying court. "We don't want a demonstration as we go out."

"No; anything but that, just now," replied Reuben. He still held Mrs. Hornby's hand, and one arm was pa.s.sed through that of his uncle, who wiped his eyes at intervals, though his face glowed with delight.

"I should like you to come and have a little quiet luncheon with me at my chambers-all of us friends together," continued Thornd.y.k.e.

"I should be delighted," said Reuben, "if the programme would include a satisfactory wash."

"You will come, Anstey?" asked Thornd.y.k.e.

"What have you got for lunch?" demanded Anstey, who was now disrobed and in his right mind-that is to say, in his usual whimsical, pseudo-frivolous character.

"That question savours of gluttony," answered Thornd.y.k.e. "Come and see."