"But Lady Mary is becoming more and more uneasy about her engagement. And at this critical moment, Mr. Goyles suddenly sees the prospect of a position, modest but assured, which will enable him to maintain a wife. Lady Mary makes her choice. She consents to elope with Mr. Goyles, and by an extraordinary fatality the day and hour selected are 3 a.m. on the morning of October 14th.
"At about 9:30 on the night of Wednesday, October 13th, the party at Riddlesdale Lodge are just separating to go to bed. The Duke of Denver was in the gun-room, the other men were in the billiard-room, the ladies had already retired, when the manservant, Fleming, came up from the village with the evening post. To the Duke of Denver he brought a letter with news of a startling and very unpleasant kind. To Denis Cathcart he brought another letter—one which we shall never see, but whose contents it is easy enough to guess.
"You have heard the evidence of Mr. Arbuthnot that, before reading this letter, Cathcart had gone upstairs gay and hopeful, mentioning that he hoped soon to get a date fixed for the marriage. At a little after ten, when the Duke of Denver went up to see him, there was a great change. Before his grace could broach the matter in hand Cathcart spoke rudely and harshly, appearing to be all on edge, and entreating to be left alone. Is it very difficult, my lords, in the face of what we have heard today—in the face of our knowledge that Mademoiselle Vonderaa crossed to New York on the Berengaria on October 15th—to guess what news had reached Denis Cathcart in that interval to change his whole outlook upon life?
"At this unhappy moment, when Cathcart is brought face to face with the stupefying knowledge that his mistress has left him, comes the Duke of Denver with a frightful accusation. He taxes Cathcart with the vile truth—that this man, who has eaten his bread and sheltered under his roof, and who is about to marry his sister, is nothing more nor less than a card-sharper. And when Cathcart refuses to deny the charge—when he, most insolently, as it seems, declares that he is no longer willing to wed the noble lady to whom he is affianced—is it surprising that the Duke should turn upon the impostor and forbid him ever to touch or speak to Lady Mary Wimsey again? I say, my lords, that no man with a spark of honorable feeling would have done otherwise. My client contents himself with directing Cathcart to leave the house next day; and when Cathcart rushes madly out into the storm he calls after him to return, and even takes the trouble to direct the footman to leave open the conservatory door for Cathcart's convenience. It is true that he called Cathcart a dirty scoundrel, and told him he should have been kicked out of his regiment, but he was justified; while the words he shouted from the window—'Come back, you fool,' or even, according to one witness, 'you b— fool'—have almost an affectionate ring in them. (Laughter.)
"And now I will direct your lordships' attention to the extreme weakness of the case against my noble client from the point of view of motive. It has been suggested that the cause of the quarrel between them was not that mentioned by the Duke of Denver in his evidence, but something even more closely personal to themselves. Of this contention not a jot or tittle, not the slightest shadow of evidence, has been put forward except, indeed, that of the extraordinary witness, Robinson, who appears to bear a grudge against his whole acquaintance, and to have magnified some trifling allusion into a matter of vast importance. Your lordships have seen this person's demeanor in the box, and will judge for yourselves how much weight is to be attached to his observations. While we on our side have been able to show that the alleged cause of complaint was perfectly well founded in fact.
"So Cathcart rushes out into the garden. In the pelting rain he paces heedlessly about, envisaging a future stricken at once suddenly barren of love, wealth, and honor.
"And, meanwhile, a passage door opens, and a stealthy foot creeps down the stair. We know now whose it is—Mrs. Pettigrew-Robinson has not mistaken the creak of the door. It is the Duke of Denver.
"That is admitted. But from this point we join issue with my learned friend for the prosecution. It is suggested that the Duke, on thinking matters over, determines that Cathcart is a danger to society and better dead—or that his insult to the Denver family can only be washed out in blood. And we are invited to believe that the Duke creeps downstairs, fetches his revolver from the study table, and prowls out into the night to find Cathcart and make away with him in cold blood.
"My lords, is it necessary for me to point out the inherent absurdity of this suggestion? What conceivable reason could the Duke of Denver have for killing, in this cold-blooded manner, a man of whom a single word has rid him already and for ever? It has been suggested to you that the injury had grown greater in the Duke's mind by brooding—had assumed gigantic proportions. Of that suggestion, my lords, I can only say that a more flimsy pretext for fixing an impulse to murder upon the shoulders of an innocent man was never devised, even by the ingenuity of an advocate. I will not waste my time or insult you by arguing about it. Again it has been suggested that the cause of quarrel was not what it appeared, and the Duke had reason to fear some disastrous action on Cathcart's part. Of this contention I think we have already disposed; it is an assumption constructed in vacuo, to meet a set of circumstances which my learned friend is at a loss to explain in conformity with the known facts. The very number and variety of motives suggested by the prosecution is proof that they are aware of the weakness of their own case. Frantically they cast about for any sort of explanation to give color to this unreasonable indictment.
"And here I will direct your lordships' attention to the very important evidence of Inspector Parker in the matter of the study window. He has told you that it was forced from outside by the latch being slipped back with a knife. If it was the Duke of Denver, who was in the study at 11:30, what need had he to force the window? He was already inside the house. When, in addition, we find that Cathcart had in his pocket a knife, and that there are scratches upon the blade such as might come from forcing back a metal catch, it surely becomes evident that not the Duke, but Cathcart himself forced the window and crept in for the pistol, not knowing that the conservatory door had been left open for him.