The Nine of Hearts

Prisoner. "In the description you have given of your movements on the night of this fatal day, you say that, upon hearing the street door open and close, you came out of your bedroom, and leaning over the balustrade, looked down into the hall?"

Witness. "Yes, that is true."

Prisoner. "And that you saw me putting out the gas in the hall?"

Witness. "Yes."

Prisoner. "You are certain it was I?"

Witness. "Yes. You had your ulster on, and as you had to stand on tiptoe to put out the gas, your face was raised to the light, and I saw it plainly."

Prisoner. "You saw my face plainly?"

Witness. "As plainly as I see it now."

Prisoner (with a movement of impatience). "I have no further questions to ask you."

The Court then adjourned.

VI

DESCRIPTION OF THE LAST DAY'S PROCEEDINGS-EXTRACTED FROM A DAILY PAPER

"The trial of Edward Layton for the murder of his wife came to a singular and unsatisfactory termination late last night. That the public interest in the case had reached an almost unprecedented height was proved by the large number of persons who were unable to obtain admission to the court.

"On the previous evening the evidence for the prosecution had closed, and there was a painful and eager expectancy in the minds of all present as to the line of defence which the prisoner intended to adopt. This line of defence-if, indeed, it can be called a defence-was as surprising as it was brief.

"The prisoner, addressing the judge and the jury, intimated that it was not his intention to call witnesses on his behalf. Most of the witnesses for the prosecution, he said, had given their evidence fairly, and if they had committed themselves to misstatements and discrepancies, it was more because they were either misled or mistaken-in the case of one witness, Ida White, because she was strangely prejudiced against him-than that they had a desire to make the case against him even blacker than it was. It had happened before, and would doubtless happen again, that a man found himself thrust into such an unhappy position as he himself stood through no fault of his own, and that he was unable to say or do anything to prove his innocence. Sometimes it was with such a man a matter of honor, sometimes a matter of conscience. In his own case it sprung from both his honor and his conscience that his lips were sealed, and the utmost he could say for himself was that he was an innocent man, with so dark an array of evidence against him as to almost incontestably prove him to be guilty. All that he could do was to declare most solemnly that the accusation upon which he was being tried was false, and that he stood before them as unstained by crime as they were themselves. What could be said truly in his favor was that his character, and to some extent his blameless life, were a refutation of the charge. Evidence of character was generally called in mitigation of impending punishment. He did not intend to call such evidence, because, by so doing, it would be a half-admission that he stood there a guilty instead of an innocent man. He knew perfectly well how lame and impotent these weak words must sound in the ears of those who were sitting in judgment upon him; but this he could not help. It was but part of the fatal web in which he was entangled. That he and his wife had lived unhappily together was not to be disputed; but even in this most serious crisis of his life he denied the right arrogated by the legal profession to rip open a man's private affairs and expose to the vulgar gaze what he desired should be hidden from it. The last thing he would do, even if he were in ten times the peril in which he then stood, was to drag other persons into the case, and to allow them to be blackened and vilified as he had been. 'I can scarcely doubt,' said the prisoner, 'what your verdict will be. Were I in your place, I should most likely decide as you will decide; but none the less will it be a solemn fact that though you are legally right, you are morally wrong. I must be content to let the case rest as it has been presented to you, and to abide the issue, though it may cost me my life.'

"Never in a criminal court, in the case of a man arraigned upon so grave a charge, has there been heard a defence so weak and strange; but it is nevertheless a fact that the prisoner's earnest and, to all appearance, ingenuous manner produced a deep impression upon all who heard him; and when he ceased speaking there was, in the murmurs of astonishment that followed, an unmistakable note of sympathy.

"After a slight pause the Attorney-general rose to sum up the case against the prisoner, and his incisive judicial utterances soon dispelled the impression which the prisoner's earnestness had produced. He said that in the circumstances of the case his speech would be briefer than it otherwise would have been. He had a duty to perform, and he would perform it, without, he hoped, any undue severity or harshness. Unhappily the evidence was only too clear against the prisoner, and unhappily the prisoner had strengthened the case against himself. This was not a matter of sentiment it was a matter of justice, and justice must be done. With slight limitations, around which the prisoner threw a veil of silence, contenting himself to cast suspicion upon them by some kind of mysterious implication which no person could understand, and not venturing to give them a distinct and indignant denial-with slight limitations, then, the prisoner had admitted the truthfulness of the evidence brought against him. As the prisoner had not directly referred to these doubtful points in the evidence, he would himself do so, and endeavor to clear away any latent doubt-if such existed-in the minds of the jury. First, with respect to the ulster. The prisoner did not deny that he wore this ulster on the whole of the day his coachman, James Moorhouse, was driving him to various places, and it was only upon his arrival home at midnight that he endeavored to shake the coachman's evidence as to whether, when he entered the carriage, upon leaving Prevost's Restaurant, and upon his issuing from the carriage when the coachman drew up at his house, he still had this ulster on. What his motive was in endeavoring to shake the coachman's testimony upon this point it was impossible to say. He (the learned counsel) had most carefully considered the matter, and the only conclusion he could arrive at was that the prisoner was anxious to instil a doubt into the minds of the jury, that it was not he who left the restaurant at ten minutes to twelve and entered his carriage, and that it was not he who alighted from the carriage and opened his street door. But supposing, for instance, that this argument had a foundation in fact, was it not easy for the prisoner to prove what he had done with himself between ten minutes to twelve on the night of the 25th of March and seven o'clock on the morning of the 26th? Surely some person or persons must have seen him, and had he produced those persons there would have been a reasonable alibi set up, which it would be the duty of every one engaged in this case seriously to consider. Indeed, he would go so far as to say that, admitting such evidence to be brought forward and established, there could not be found a jury who would convict the prisoner of the charge brought against him. It would then have been proved that the prisoner had not seen his wife from eleven o'clock on the morning of the 25th of March until seven o'clock on the morning of the 26th, and as it was during the night of those days that the unhappy lady met her death, it would have been impossible to bring the prisoner in guilty. But, easy as this evidence must have been to produce, there is not only no attempt to produce it, but in his lamentably impotent speech the prisoner does not even refer to it. In his mind, then, and in the minds of all reasonable men, there could not be a doubt that this was the case of one who, in despair, was catching at a straw to save himself. The learned counsel touched briefly but incisively upon every point in the evidence concerning which the prisoner had maintained silence, and had made no endeavor to confute. For instance, there was the lady whom he had met in Bloomsbury Square, whom he took to Prevost's Restaurant, whom he regaled with a supper which neither he nor she touched-a distinct proof that they were otherwise momentously occupied. The evidence with respect to this lady is irrefragable. She was no shadow, no myth, no creation of the imagination; she was a veritable being of flesh and blood. All the efforts of the prosecution had failed to trace her, and the just deduction was that she was somewhere in biding, afraid to come forward lest she should be incriminated and placed side by side with the prisoner in the dock. The prisoner did not deny her existence, nor that she and he were for several hours in company with each other. Were he innocent, what possible doubt could exist that he would bring her forward to establish his innocence? Were both innocent, would not she of her own accord step forward to prove it? The prisoner, in his address, made certain allusions to honor and conscience, by which he would make it appear that he was guided by his honor and his conscience in the singular method of his defence; and it may be that there existed in him some mistaken sense of chivalry which induced him to do all in his power to screen the partner in his crime. It would have been better for him had he brought his honor and his conscience to bear in the unhappy engagement into which he entered with the unfortunate lady who afterwards became his wife; but it had been amply proved that the marriage was not, on his side at least, a marriage of affection. Distinctly he married her for her money, and distinctly he would be a great gainer by her death. Thus, then, there existed a motive, and not a novel one-for the tragedy has been played many times in the history of crime-for his getting rid of her. He (the counsel for the prosecution) did not wish to press hardly upon the prisoner, who was a man of culture and education, and must feel keenly the position in which he stood, whatever might be his outward demeanor. But it devolved upon him to impress upon the jury not to allow any false sentiment to cause them to swerve from the straight path of duty. They must decide by the evidence which had been presented to them, and it was with a feeling the reverse of satisfactory that he pointed out to them that this evidence could lead to but one result.

"The summing up of the learned judge (which, with the Attorney-general's speech, will be found fully reported in other columns) was a masterly analysis of the evidence which had been adduced. He impressed upon the jury the necessity of calm deliberation, and of absolute conviction before they pronounced their verdict. Circumstantial evidence was, of all evidence, the most perplexing and dangerous. It had, in some rare instances, erred but these exceptions were, happily, few and far between. It had, on the other hand, led to the detection of great criminals, and without its aid many heinous aggressors against the law would slip through the hands of justice. He dismissed the jury to their duty, and he prayed that wisdom might attend their deliberations.

"At half-past three o'clock the jury retired, and it was the general impression that the case would be ended within the hour. The prisoner sat in the dock, shading his eyes with his hand. Not once did he look up to the court. He seemed to be preparing himself for his impending fate. But four o'clock, five o'clock, six o'clock passed, and the suspense grew painful. It was clear that there was not that agreement between the jury which all in court, including even the prisoner, had expected. At twenty minutes past six the foreman of the jury entered the court, and informed the judge that there was no chance of the jury agreeing upon a verdict.

"The Judge. 'Is there any point of law upon which you desire information?'

"The Foreman of the Jury. 'None, my lord.'

"The Judge. 'Is there any discrepancy in the evidence which the jury wish cleared?'

"The Foreman of the Jury. 'No, my lord. It is simply that we cannot agree.'

"The learned judge then intimated that, after so long and patient a trial, he could not lightly dismiss the jury from their duties, and he bade the foreman again retire to a further consideration of the case. The court, he said, would sit late to receive the verdict.

"Seven o'clock, eight o'clock, nine o'clock passed, and then the learned judge sent for the foreman of the jury, and inquired whether any progress had been made towards an agreement.

"The Foreman of the Jury. 'None, my lord. There is no possible chance of the jury agreeing upon a verdict.'

"It was remarked that no person in court appeared to be more surprised than the prisoner, and when the jury were called in and dismissed by the judge from their duties, Edward Layton, before he was removed from the dock by the jailers, leaned eagerly forward to scan their countenances.

"Nothing further transpired, and this unexpected chapter in the Layton mystery was closed."

PART THE SECOND

THE CABLE MESSAGE FROM AMERICA

At ten o'clock on the night following this exciting day, Mr. Bainbridge, Q.C., and his friend, Dr. Daincourt, were chatting together in the dining-room of the lawyer's house. They had met by appointment, and were now conversing over the strange incidents of the Layton trial.

"Its termination," said Dr. Daincourt, "is in harmony with the whole of the proceedings. I am afraid, when Layton is put again upon his trial, that there will be no further disagreement on the part of the jury, and that his conviction is certain."

"With the evidence as it stands at present," said Mr. Bainbridge, thoughtfully, "you are right in your conclusion. But there is here a mystery to be brought to light which, discovered, may lead to a different result. Almost unfathomable as this mystery now appears to be, its unravelment may, after all, depend upon a very slender thread. Fortunately, Layton's second trial cannot take place for a month. Before that month expires I hope to be able to lay my hand upon evidence which will prove him innocent of the charge."

"To judge from his attitude," said Dr. Daincourt, "he is indifferent as to the result."

"You are mistaken," said the lawyer; "it is only that he will not owe his release to certain means which I believe it to be in his power to disclose. Has it not occurred to you that he has been anxious all through to keep something in the background?"

"Yes," replied Dr. Daincourt, "that has been my impression; but it might be something which would more firmly fix his guilt. Is it your intention to follow up the case?"

"To the last link in the chain."

"The chain, if there be one, is safely hidden, and I cannot for the life of me see a single link."

Mr. Bainbridge, leaning back in his chair, did not reply for a few moments, and then he said,

"I have two links to commence with. One of these is shadowy; the other is certain and tangible." And then, with the air of a man whose thoughts were engaged upon an important subject, he exclaimed, "If I could only discover its meaning!"

"The meaning of what?"

The lawyer took a pack of cards from a drawer and selected a card, which he handed to Dr. Daincourt.

"The Nine of Hearts," said the doctor.

"The card," said the lawyer, "that was found in the pocket of Layton's ulster."

"Is this your tangible link?" asked Dr. Daincourt, turning the card over in his hand.

"It is my tangible link," replied the lawyer.

Dr. Daincourt shrugged his shoulders. "You are adding mystery to mystery."

"I think not," said the lawyer. "You were not in the court when the Nine of Hearts was produced."

"No."

"That and the latch-key of Layton's street door were the only articles found in the pockets of the ulster. When the evidence relating to these articles was being given, I closely observed Layton's face. I knew, but he did not, that these two articles were all that were discovered in the pockets of the incriminating coat. When the latch-key was held up he smiled faintly; he was not surprised. But when the Nine of Hearts was produced there flashed into his eyes a startled look-a look of bewilderment and astonishment; indeed, there was something of horror in his face. I needed no further sign to make me positive that he had no previous knowledge of the card, and that it was the first time he had seen it."