"But you say that he did commit the murder," retorted the detective. "You cannot use that piece of evidence both ways. Your case is that this man Birchill, while visiting Riversbrook to commit a burglary which he and Hill arranged, encountered Sir Horace Fewbanks and murdered him. I say that his admission to Hill on his return to the flat that he had come across the body of Sir Horace Fewbanks, is proof that Birchill did not commit the murder. No murderer would make such a damning admission, least of all to a man he didn't trust—to a man who he believed was capable of entrapping him. Next you have Birchill consenting to a message being sent to Scotland Yard conveying the information that Sir Horace had been murdered. Is that the action of a guilty man? Wouldn't it have been more to his interest to leave the dead man's body undiscovered in the empty house and bolt from the country? It might have remained a week or more before being discovered. True, he would have had to find some way of silencing Hill while he got away from the country. He might have had to resort to the crude method of tying Hill up, gagging him, and leaving him in the flat. But even that would have been better than to inform the police immediately of the murder and place his life at the mercy of Hill, whom he distrusted."
"Looked at your way, I admit that there are some weak points in our case," said Rolfe. "But you'll find that our Counsel will be able to answer most of them in his address to the jury. If Birchill didn't commit the murder, who did? Do you deny that he went up to Riversbrook that night?"
"The letter sent to Scotland Yard shows that some one was there besides the murderer. If Birchill was there and helped to write the letter—and so much is part of your case—he wasn't the murderer. In short, I believe Birchill went up there to commit a burglary and found the murdered body of Sir Horace."
"Do you think that Hill did it?" asked Rolfe.
"That is more than I'd like to say. As a matter of fact I have been so obtuse as to neglect Hill somewhat in my investigations. In fact, I didn't know until I got hold of a copy of his statement to the police that he was an ex-convict. Inspector Chippenfield omitted to inform me of the fact."
"I didn't know that," said Rolfe, without a blush, as he rose to go. "He ought to have told you."
CHAPTER XV
When Rolfe left Crewe's office he went back to Scotland Yard. He found Inspector Chippenfield still in his office, and related to him the substance of his interview with Crewe. The inspector listened to the recital in growing anger.
"Birchill not the right man?" he spluttered. "Why, of course he is. The case against him is purely circumstantial, but it's as clear as daylight."
"Then you don't think there's anything in Crewe's points?" asked Rolfe.