"Then why does he not speak out, even now—more so now than ever?"
"He has his reasons, and they seem sufficient to him to keep him silent even under the shadow of the gallows."
"And why do you think he will confide them to you, when he refuses to divulge them to his professional adviser?"
"He will not willingly reveal them to me. My hope of getting his story depends entirely upon my success in springing a surprise upon him. That is one of my reasons for not telling you more just now. The mere fact that you knew would hamper my handling a difficult situation. The slightest involuntary gesture or look might put him on his guard, and the opportunity would be lost. It is not absolutely essential that I should gain Penreath's statement before going to the police, but if his statement coincides with my theory of the crime it will strengthen my case considerably when I reconstruct the crime for the police."
"Your way of doing business strikes me as strange, Mr. Colwyn," said the solicitor stiffly. "As Mr. Penreath's professional adviser, surely I am entitled to your fullest confidence. You are asking me to behave in a very unprofessional way, and take a leap in the dark. There are proper ways of doing things. I will be frank with you. I have come to Norwich in order to urge Penreath for the last time to permit me to lodge an appeal against his conviction. That interview has been arranged to take place in the morning."
"Has he previously refused to appeal?"
"He has—twice."
"May I ask on what grounds you are seeking permission to appeal?"
"If he consents, my application to the Registrar would be made under Section Four of the Criminal Appeal Act," was the cautious reply.
"That means you are persisting in your original defence—that Penreath is guilty, but insane. Therefore your application for leave to appeal against the sentence on the ground of insanity only enables you to appeal to the Court to quash the sentence on the ground that Penreath is irresponsible for his acts. Even if you succeed in your appeal he will be kept in gaol as a criminal lunatic. In a word, you intend to persist in a defence which, as I told you before the trial, had very little chance of success. In my opinion it has no more chance of success before the Court of Appeal. You have not sufficient evidence for a successful defence on the grounds of insanity. The judge, in his summing up at the trial, was clearly of the opinion that Sir Henry Durwood was wrong in thinking Penreath insane, and he directed the jury accordingly.