Part 28 (2/2)

”He led Hill into a trap about the plan of Riversbrook,” said Rolfe.

”When I saw that Hill had been trapped on that point I felt we had lost the jury.”

”Only because the jury were a pack of fools who knew nothing about evidence. Granted that Hill lied about the plan--that he drew it up voluntarily in his spare time to a.s.sist Birchill--it proves nothing. It doesn't prove that Hill committed the murder. It only proves that Hill was going to share in the proceeds of the burglary; that he was a willing party to it. The one big outstanding fact in all the evidence, the fact that towered over all the others, is that Birchill broke into the house on the night Sir Horace Fewbanks was murdered. The defence made no attempt to get away from that fact because they could not do so. But Holymead vamped up all sorts of surmises and suppositions for the purpose of befogging the jury and getting their minds away from the outstanding feature of the case for the prosecution. We proved that Birchill was in the house on a criminal errand. What more could they expect us to prove?

They couldn't expect us to have a man looking through the window or hiding behind the door when the murder was committed. If we could get evidence of that kind we could do without juries. We could hang our man first and try him afterwards. I don't think a verdict of acquittal from a befogged jury would do so much harm in such a case.”

”You are still convinced that Birchill did it?” said Rolfe questioningly.

”I have never wavered from that opinion,” said his superior. ”If I had, this note of Hill's would restore my conviction in Birchill's guilt.”

”Why, how do you make out that?” replied Rolfe blankly.

”Hill says he's clearing out of the country because he's frightened.

What's he frightened of? His own guilty conscience and the long arm of the law? Not a bit of it! Hill's an innocent man. If he had been guilty he'd never have stood the ordeal of the witness-box and the cross-examination. Hill's cleared out because he was frightened of Birchill.”

”Of Birchill?”

”Yes. Didn't Birchill tell Hill, just before he set out for Riversbrook on the night of the murder, that if Hill played him false he'd murder him? Hill _did_ play him false, not then, but afterwards, when he made his confession and Birchill was arrested for the murder in consequence.

When Birchill was acquitted at the trial his first thought would be to wreak vengeance on Hill. A man with one murder on his soul would not be likely to hesitate about committing another. Hill knew this, and fled to save his life when Birchill was acquitted. That's the explanation of his letter, Rolfe.”

”So that's the way you look at it?” said Rolfe.

”Of course I do! It's the only way Hill's flight can be looked at in the light of all that's happened. The theory dovetails in every part. I'm more used than you to putting these things together, Rolfe. Hill's as innocent of the murder as you are.”

”And where do you think Hill's gone to?”

”Certainly not out of London. He's too much of a c.o.c.kney for that.

Besides, he's a man who is fond of his wife and child. He's hiding somewhere close at hand, and I shouldn't wonder if the whole thing's a plant between him and his wife. Have you forgotten how she tried to hoodwink us before? I'll go to the shop to-morrow and see if I can't frighten the truth out of her. Meanwhile, you'd better put the Camden Town police on to watching the shop. If he's hiding in London he's bound to visit his wife sooner or later, or she'll visit him, so we ought not to have much difficulty in getting on to his tracks again.”

Rolfe departed, to do his chief's bidding, a little crestfallen. He was at first inclined to think that he had made a bit of a fool of himself in his desire to prove to Inspector Chippenfield that he had been hoodwinked by Hill into arresting Birchill. But that night, as he sat in his bedroom smoking a quiet pipe, and reviewing this latest phase of the puzzling case, the earlier doubts which had a.s.sailed him on first learning of Hill's flight recurred to him with increasing force. If Hill were innocent he would have been more likely to seek police protection before flight. Hill's flight was hardly the action of an innocent man. It pointed more to a guilty fear of his own skin, now that the man he had accused of the murder was free to seek vengeance. Chippenfield's theory seemed plausible enough at first sight, but Rolfe now recalled that he knew nothing of the missing letters and Hill's midnight visit to Riversbrook to recover them. Rolfe had concealed that episode from his superior officer because he lacked the courage to reveal to him how he had been hoodwinked by Mrs. Holymead's fainting fit the morning he was conducting his official inquiry at Riversbrook into the murder.

”It's an infernally baffling case,” muttered Rolfe, refilling his pipe from a tin of tobacco on the mantelpiece, and walking up and down the cheap lodging-house drugget with rapid strides. ”If Birchill is not the murderer who is? Is it Hill?”

He lit his pipe, closed the window, opened his pocket-book and sat down to peruse the notes he had taken during his investigation of Sir Horace Fewbanks's murder. He read and re-read them, earnestly searching for a fresh clue in the pencilled pages. After spending some time in this occupation he took a clean sheet of paper and a pencil, and copied afresh the following entries from his notebook:

August 19. Went Riversbrook. Saw Sir H.F.'s body. Discovered fragment of lady's handkerchief clenched in right hand.

August 22. Made inquiries handkerchief. Unable find where purchased.

September 8. Found Hill at Riversbrook searching Sir H.F.'s papers. Told me about bundle of lady's letters tied up with pink ribbon which had been taken from secret drawer. Says they disappeared morning after murder when investigation was taking place. C.'s visitors that day: Dr. Slingsby / Seldon to arrange inquest / newspaper men / undertaker's representatives / Crewe. C. saw one visitor alone, Hill says. Mrs. H----, who fainted. C.

fetched gla.s.s of water, leaving her alone in room. Hill suggests her letters indicate friendly relations between her and Sir H.F. Sir H.F.

expected visit, probably from lady, night of murder. Hurried Hill off when he returned from Scotland. Mem: Inadvisable disclose this to C.

Underneath his entries of the case Rolfe had written finally:

Points to be remembered:

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