The Hampstead Mystery

by John R. Watson; Arthur J. Rees

Percival Chambers, an elderly well-dressed man with a grey beard, and wearing glasses, who was secretary of the Master of Rolls, swore that he knew of no prospective vacancies on the Court of Appeal Bench. Were any vacancies of the kind in view he believed he would be aware of them.

This closed the case for the police, and Mr. Lethbridge immediately asked for the discharge of the prisoner on the ground that there was no case to go before a jury. The magistrate shook his head, and merely asked Mr. Lethbridge if he intended to reserve his defence. Mr. Lethbridge replied with a nod, and the accused was formally committed for trial at the next sittings at the Old Bailey.

The newspapers reported at great length the evidence given in the police court, and their reports were eagerly read by a sensation-loving public. Even those people who, when Holymead's arrest was announced, had ridiculed the idea of a man like Holymead murdering a lifelong friend, had to admit that the police had collected some damaging evidence. Those people who at the time of the arrest had prided themselves on possessing an open mind as to the guilt of the famous barrister, confessed after reading the police court evidence that there could be little doubt of his guilt. The only thing that was missing from the police court proceedings was the production of a motive for the crime, but it was whispered that there would be some interesting revelations on this point when the prisoner was tried at the Old Bailey.

Fortunately he had not long to wait for his trial, as the next sittings of the Central Criminal Court had previously been fixed a week ahead of the date of his commitment. That week was full of anxiety for Mr. Lethbridge, for he realised that he had a poor case. What increased his anxiety was the fact that Holymead insisted on the defence being conducted on the lines he laid down. It was a new thing in Lethbridge's experience to accept such instructions from a prisoner, but Holymead had threatened to dispense with all assistance unless his instructions were carried out. He was particularly anxious that his wife's name should be kept out of court as much as possible. Lethbridge had pointed out to him that the prosecution would be sure to drag it in at the trial in suggesting a motive for the murder, and that for the purposes of the defence it was best to have a full and frank disclosure of everything so that an appeal could be made to the jury's feelings. Holymead's beautiful wife, who was almost distracted by her husband's position, implored his Counsel to allow her to go into the box and make a confession. But that course did not commend itself to Lethbridge, who realised that she would make an extremely bad witness and would but help to put the rope round her husband's neck. He put her off by declaring that there was a good prospect of her husband being acquitted, but that if the verdict unfortunately went against him her confession would have more weight in saving him, when the appeal against the verdict was heard.

It amazed Lethbridge to find that the prisoner expressed the view that Birchill had committed the murder. This view was based on his contention that Sir Horace Fewbanks was alive when he (Holymead) left him about ten o'clock. The interview between them had been an angry one, but Holymead persisted in asserting that he had not shot his former friend. He declared that he had not taken a revolver with him when he went to Riversbrook.

Lethbridge was one of those barristers who believe that a knowledge of the guilt of a client handicapped Counsel in defending him. He had his private opinion as to the result of the angry interview between Holymead and Sir Horace Fewbanks, but he preferred that Holymead should protest his innocence even to him. That made it easier for him to make a stirring appeal to the jury than it would have been if his client had fully confessed to him. His private opinion as to the author of the crime was strengthened by Holymead's admission that Birchill had not confessed to him or to his solicitor at the time of his trial that he had shot Sir Horace Fewbanks. He was astonished that Holymead had taken up Birchill's defence, but Holymead's explanation was the somewhat extraordinary one that the man who had killed the seducer of his wife had done him a service by solving a problem that had seemed insoluble without a public scandal. There was no doubt that although Sir Horace Fewbanks was in his grave, Holymead's hatred of him for his betrayal of his wife burned as strongly as when he had made the discovery that wrecked his home life. Neither death nor time could dim the impression, nor lessen his hatred for the dead man who had once been his closest friend.

Lethbridge, feeling that it was his duty as Counsel for the prisoner to try every avenue which might help to an acquittal, asked Mr. Tomlinson, the solicitor who was instructing him in the case, to find Birchill and bring him to his chambers. Birchill was found and kept an appointment. Lethbridge explained to him that he had nothing further to fear from the police with regard to the murder of Sir Horace Fewbanks. Having been acquitted on this charge he could not be tried on it again, no matter what discoveries were made. He could not even be tried for perjury, as he had not gone into the witness-box. Having allowed these facts to sink home, he delicately suggested to Birchill that he ought to come forward as a witness for the defence of Holymead—he ought to do his best to try and save the life of the man who had saved his life.

"What do you want me to swear?" asked Birchill, in a tone which indicated that although he did not object to committing perjury, he wanted to know how far he was to go.

"Well, that Sir Horace Fewbanks was alive when you went to Riversbrook," suggested Lethbridge.

"But I tell you he was dead," protested Birchill. He seemed to think that reviving a dead man was beyond even the power of perjury.