"I am afraid there is not much in these points, Mr. Colwyn. Your suggestion that there were two persons in the murdered man's room is interesting, but you have no evidence to support it. The girl's explanation of her visit to the room is probably the true one. Far be it from me, as Penreath's legal adviser, to throw away the slightest straw of hope, but your conjectures—for, to my mind, they are nothing more—are nothing against the array of facts and suspicious circumstances which have been collected by the police. And even if the police case were less strong, there is another grave fact which we cannot overlook."
"You mean that Penreath refuses to say anything?" said Colwyn.
"He appears to be somewhat indifferent to the outcome," returned the lawyer guardedly.
"It is his silence which baffles me," said Colwyn. "I saw him alone after his arrest, and told him I was willing to help him if he could tell me anything which would assist me to establish his innocence—if he were innocent. He replied that he had nothing to say."
"What you tell me deepens my conviction that Penreath does not realise the position in which he is placed, and cannot be held accountable for his actions."
"Is it your intention to plead mental incapacity at the trial?"
"Sir Henry Durwood has offered to give evidence that, in his opinion, Penreath is not responsible for his actions. The Penreath family is under a debt of gratitude to Sir Henry. I consider it little short of providential that Sir Henry was staying here at the time." Like most lawyers, Mr. Oakham had a firm belief in the interposition of Providence—particularly in the affairs of the families of the great. "And that is the reason for my coming over here to see you this morning, Mr. Colwyn. You were present at the breakfast table scene—you witnessed this young man's eccentricity and violence. The Penreath family is already under a debt of gratitude to you—will you increase the obligation? In other words, will you give evidence in support of the defence at the trial?"
"You want me to assist you in convincing the jury that Penreath is a criminal lunatic," said Colwyn. "That is what your defence amounts to. It is a grave responsibility. Doctors and specialists are sometimes mistaken, you know."
"I am afraid there is very little doubt in this case. Here is a young man of birth and breeding, who hides from his friends under an assumed name, behaves in public in an eccentric manner, is turned out of his hotel, goes to a remote inn, and disappears before anybody is up. The body of a gentleman who occupied the room next to him is subsequently discovered in a pit close by, and the footprints leading to the pit are those of our young friend. The young man is subsequently arrested close to the place where the body was thrown, and not then, or since, has he offered his friends any explanation of his actions. In the circumstances, therefore, I shall avail myself of Sir Henry's evidence. In my own mind—from my own observation and conversation with Penreath—I am convinced that he cannot be held responsible for his actions. In view of the tremendously strong case against him, in view of his peculiar attitude to you—and others—in the face of accusation, and in view of his previous eccentric behaviour, I shall take the only possible course to save the son of Penreath of Twelvetrees from the gallows. I had hoped, Mr. Colwyn, that you, who witnessed the scene at this hotel, and subsequently helped Sir Henry Durwood convey this unhappy young man upstairs, would see your way clear to support Sir Henry's expert opinion that this young man is insane. Your reputation and renown would carry weight with the jury."