CHAPTER X
It was a fortnight later, a hot July morning, and an unusual animation reigned in the staid and leisurely streets of Lewes. For the Assizes opened that day, and it was known that the first case to be tried was the murder of which all Brighton and a large part of England had been talking so much since Morris Assheton had been committed for trial. At the hearing in the police-court there was not very much evidence brought forward, but there had been sufficient to make it necessary that he should stand his trial. It was known, for instance, that he had some very serious reason for anger and resentment against his victim; those who had seen him that day remembered him as being utterly unlike himself; he was known to have been at Falmer Park that afternoon about six, and to have driven home along the Falmer Road in his car an hour or so later. And in a copse close by to where the body of the murdered man was found had been discovered a thick bludgeon of a stick, broken it would seem by some violent act, into two halves. On the top half was rudely cut with a pen-knife M. ASSHE … What was puzzling, however, was the apparent motive of robbery about the crime; it will be remembered that the victim's watch was missing, and that no money was found on him.
But since Morris had been brought up for committal at the police-court it was believed that a quantity more evidence of a peculiarly incriminating kind had turned up. Yet in spite of this, so it was rumoured, the prisoner apparently did more than bear up; it was said that he was quite cheerful, quite confident that his innocence would be established. Others said that he was merely callous and utterly without any moral sense. Much sympathy of course was felt for his mother, and even more for the family of the Templetons and the daughter to whom it was said that Morris was actually engaged. And, as much as anyone it was Mr. Taynton who was the recipient of the respectful pity of the British public. Though no relation he had all his life been a father to Morris, and while Miss Madge Templeton was young and had the spring and elasticity of youth, so that, though all this was indeed terrible enough, she might be expected to get over it, Mr. Taynton was advanced in years and it seemed that he was utterly broken by the shock. He had not been in Brighton on the day on which Morris was brought before the police-court magistrates, and the news had reached him in London after his young friend had been committed. It was said he had fainted straight off, and there had been much difficulty in bringing him round. But since then he had worked day and night on behalf of the accused. But certain fresh evidence which had turned up a day or two before the Assizes seemed to have taken the heart out of him. He had felt confident that the watch would have been found, and the thief traced. But something new that had turned up had utterly staggered him. He could only cling to one hope, and that was that he knew the evidence about the stick must break down, for it was he who had thrown the fragments into the bushes, a fact which would come to light in his own evidence. But at the most, all he could hope for was, that though it seemed as if the poor lad must be condemned, the jury, on account of his youth, and the provocation he had received, of which Mr. Taynton would certainly make the most when called upon to bear witness on this point, or owing to some weakness in the terrible chain of evidence that had been woven, would recommend him to mercy.
The awful formalities at the opening of the case were gone through. The judge took his seat, and laid on the bench in front of him a small parcel wrapped up in tissue paper; the jury was sworn in, and the prisoner asked if he objected to the inclusion of any of those among the men who were going to decide whether he was worthy of life or guilty of death, and the packed court, composed about equally of men and women, most of whom would have shuddered to see a dog beaten, or a tired hare made to go an extra mile, settled themselves in their places with a rustle of satisfaction at the thought of seeing a man brought before them in the shame of suspected murder, and promised themselves an interesting and thrilling couple of days in observing the gallows march nearer him, and in watching his mental agony. They who would, and perhaps did, subscribe to benevolent institutions for the relief of suffering among the lower animals, would willingly have paid a far higher rate to observe the suffering of a man. He was so interesting; he was so young and good-looking; what a depraved monster he must be. And that little package in tissue paper which the judge brought in and laid on the bench! The black cap, was it not? That showed what the judge thought about it all. How thrilling!
Counsel for the Crown, opened the case, and in a speech grimly devoid of all emotional appeal, laid before the court the facts he was prepared to prove, on which they would base their verdict.
The prisoner, a young man of birth and breeding, had strong grounds for revenge on the murdered man. The prosecution, however, was not concerned in defending what the murdered man had done, but in establishing the guilt of the man who had murdered him. Godfrey Mills, had, as could be proved by witnesses, slandered the prisoner in an abominable manner, and the prosecution were not intending for a moment to attempt to establish the truth of his slander. But this slander they put forward as a motive that gave rise to a murderous impulse on the part of the prisoner. The jury would hear from one of the witnesses, an old friend of the prisoner's, and a man who had been a sort of father to him, that a few hours only before the murder was committed the prisoner had uttered certain words which admitted only of one interpretation, namely that murder was in his mind. That the provocation was great was not denied; it was certain however, that the provocation was sufficient.
Counsel then sketched the actual circumstances of the crime, as far as they could be constructed from what evidence there was. This evidence was purely circumstantial, but of a sort which left no reasonable doubt that the murder had been committed by the prisoner in the manner suggested. Mr. Godfrey Mills had gone to London on the Tuesday of the fatal week, intending to return on the Thursday. On the Wednesday the prisoner became cognisant of the fact that Mr. Godfrey Mills had—he would not argue over it—wantonly slandered him to Sir Richard Templeton, a marriage with the daughter of whom was projected in the prisoner's mind, which there was reason to suppose, might have taken place. Should the jury not be satisfied on that point, witnesses would be called, including the young lady herself, but unless the counsel for the defence challenged their statement, namely that this slander had been spoken which contributed, so it was argued, a motive for the crime it would be unnecessary to intrude on the poignant and private grief of persons so situated, and to insist on a scene which must prove to be so heart-rendingly painful.
(There was a slight movement of demur in the humane and crowded court at this; it was just these heart-rendingly painful things which were so thrilling.)
It was most important, continued counsel for the prosecution that the jury should fix these dates accurately in their minds. Tuesday was June 21st; it was on that day the murdered man had gone to London, designing to return on June 23d, Thursday. The prisoner had learned on Wednesday (June 22d) that aspersions had been made, false aspersions, on his character, and it was on Thursday that he learned for certain from the lips of the man to whom they had been made, who was the author of them. The author was Mr. Godfrey Mills. He had thereupon motored back from Falmer Park, and informed Mr. Taynton of this, and had left again for Falmer an hour later to make an appointment for Mr. Taynton to see Sir Richard. He knew, too, this would be proved, that Mr. Godfrey Mills proposed to return from London that afternoon, to get out at Falmer station and walk back to Brighton. It was certain from the finding of the body that Mr. Mills had travelled from London, as he intended, and that he had got out at this station. It was certain also that at that hour the prisoner, burning for vengeance, and knowing the movements of Mr. Mills, was in the vicinity of Falmer.
To proceed, it was certain also that the prisoner in a very strange wild state had arrived at Mr. Taynton's house about nine that evening, knowing that Mr. Mills was expected there at about 9.30. Granted that he had committed the murder, this proceeding was dictated by the most elementary instinct of self-preservation. It was also in accordance with that that he had gone round in the pelting rain late that night to see if the missing man had returned to his flat, and that he had gone to London next morning to seek him there. He had not, of course, found him, and he returned to Brighton that afternoon. In connection with this return, another painful passage lay before them, for it would be shown by one of the witnesses that again on the Friday afternoon the prisoner had visited the scene of the crime. Mr. Taynton, in fact, still unsuspicious of anything being wrong had walked over the Downs that afternoon from Brighton to Falmer, and had sat down in view of the station where he proposed to catch a train back to Brighton, and had seen the prisoner stop his motor-car close to the corner where the body had been found, and behave in a manner inexplicable except on the theory that he knew where the body lay. Subsequently to the finding of the body, which had occurred on Saturday evening, there had been discovered in a coppice adjoining a heavy bludgeon-like stick broken in two. The top of it, which would be produced, bore the inscription M. ASSHE…