IX. THE PRISONER’S DEFENCE

The circumstances, so far as they were known to the public, concerning the death of the beautiful Miss Ena Garnier, and the fact that Captain John Fowler, the accused officer, had refused to defend himself on the occasion of the proceedings at the police-court, had roused very general interest. This was increased by the statement that, though he withheld his defence, it would be found to be of a very novel and convincing character. The assertion of the prisoner’s lawyer at the police-court, to the effect that the answer to the charge was such that it could not yet be given, but would be available before the Assizes, also caused much speculation. A final touch was given to the curiosity of the public when it was learned that the prisoner had refused all offers of legal assistance from counsel and was determined to conduct his own defence. The case for the Crown was ably presented, and was generally considered to be a very damning one, since it showed very clearly that the accused was subject to fits of jealousy, and that he had already been guilty of some violence owing to

this cause. The prisoner listened to the evidence without emotion, and neither interrupted nor cross-questioned the witnesses. Finally, on being informed that the time had come when he might address the jury, he stepped to the front of the dock. He was a man of striking appearance, swarthy, black-moustached, nervous, and virile, with a quietly confident manner. Taking a paper from his pocket he read the following statement, which made the deepest impression upon the crowded court:—

I would wish to say, in the first place, gentlemen of the jury, that, owing to the generosity of my brother officers—for my own means are limited—I might have been defended to-day by the first talent of the Bar. The reason I have declined their assistance and have determined to fight my own case is not that I have any confidence in my own abilities or eloquence, but it is because I am convinced that a plain, straightforward tale, coming direct from the man who has been the tragic actor in this dreadful affair, will impress you more than any indirect statement could do. If I had felt that I were guilty I should have asked for help. Since, in my own heart, I believe that I am innocent, I am pleading my own cause, feeling that my plain words of truth and reason will have more weight with you than the most learned and eloquent advocate.

By the indulgence of the Court I have been permitted to put my remarks upon paper, so that I may reproduce certain conversations and be assured of saying neither more nor less than I mean.

It will be remembered that at the trial at the police-court two months ago I refused to defend myself. This has been referred to to-day as a proof of my guilt. I said that it would be some days before I could open my mouth. This was taken at the time as a subterfuge. Well, the days are over, and I am now able to make clear to you not only what took place, but also why it was impossible for me to give any explanation. I will tell you now exactly what I did and why it was that I did it. If you, my fellow-countrymen, think that I did wrong, I will make no complaint, but will suffer in silence any penalty which you may impose upon me.

I am a soldier of fifteen years’ standing, a captain in the Second Breconshire Battalion. I have served in the South African Campaign and was mentioned in despatches after the battle of Diamond Hill. When the war broke out with Germany I was seconded from my regiment, and I was appointed as adjutant to the First Scottish Scouts, newly raised. The regiment was quartered at Radchurch, in Essex, where the men were placed partly in huts and were partly billeted upon the inhabitants. All the officers

were billeted out, and my quarters were with Mr. Murreyfield, the local squire. It was there that I first met Miss Ena Garnier.

It may not seem proper at such a time and place as this that I should describe that lady. And yet her personality is the very essence of my case. Let me only say that I cannot believe that Nature ever put into female form a more exquisite combination of beauty and intelligence. She was twenty-five years of age, blonde and tall, with a peculiar delicacy of features and of expression. I have read of people falling in love at first sight, and had always looked upon it as an expression of the novelist. And yet from the moment that I saw Ena Garnier life held for me but the one ambition—that she should be mine. I had never dreamed before of the possibilities of passion that were within me. I will not enlarge upon the subject, but to make you understand my action—for I wish you to comprehend it, however much you may condemn it—you must realize that I was in the grip of a frantic elementary passion which made, for a time, the world and all that was in it seem a small thing if I could but gain the love of this one girl. And yet, in justice to myself, I will say that there was always one thing which I placed above her. That was my honour as a soldier and a gentleman. You will find it hard to believe this when I tell you what occurred,

and yet—though for one moment I forgot myself—my whole legal offence consists in my desperate endeavour to retrieve what I had done.