The Red Thumb Mark

by R. Austin Freeman

Sir Hector sat down, and the jury, who had listened to his speech with solid attention, gazed expectantly at the judge, as though they should say: "Now, which of these two are we to believe?"

The judge turned over his notes with an air of quiet composure, writing down a word here and there as he compared the various points in the evidence. Then he turned to the jury with a manner at once persuasive and confidential—

"It is not necessary, gentlemen," he commenced, "for me to occupy your time with an exhaustive analysis of the evidence. That evidence you yourselves have heard, and it has been given, for the most part, with admirable clearness. Moreover, the learned counsel for the defence has collated and compared that evidence so lucidly, and, I may say, so impartially, that a detailed repetition on my part would be superfluous. I shall therefore confine myself to a few comments which may help you in the consideration of your verdict.

"I need hardly point out to you that the reference made by the learned counsel for the prosecution to far-fetched scientific theories is somewhat misleading. The only evidence of a theoretical character was that of the finger-print experts. The evidence of Dr. Rowe and of Dr. Thorndyke dealt exclusively with matters of fact. Such inferences as were drawn by them were accompanied by statements of the facts which yielded such inferences.

"Now, an examination of the evidence which you have heard shows, as the learned counsel for the defence has justly observed, that the entire case resolves itself into a single question, which is this: 'Was the thumb-print that was found in Mr. Hornby's safe made by the thumb of the prisoner, or was it not?' If that thumb-print was made by the prisoner's thumb, then the prisoner must, at least, have been present when the safe was unlawfully opened. If that thumb-print was not made by the prisoner's thumb, there is nothing to connect him with the crime. The question is one of fact upon which it will be your duty to decide; and I must remind you, gentlemen, that you are the sole judges of the facts of the case, and that you are to consider any remarks of mine as merely suggestions which you are to entertain or to disregard according to your judgement.

"Now let us consider this question by the light of the evidence. This thumb-print was either made by the prisoner or it was not. What evidence has been brought forward to show that it was made by the prisoner? Well, there is the evidence of the ridge-pattern. That pattern is identical with the pattern of the prisoner's thumb-print, and even has the impression of a scar which crosses the pattern in a particular manner in the prisoner's thumb-print. There is no need to enter into the elaborate calculations as to the chances of agreement; the practical fact, which is not disputed, is that if this red thumb-print is a genuine thumb-print at all, it was made by the prisoner's thumb. But it is contended that it is not a genuine thumb-print; that it is a mechanical imitation—in fact a forgery.

"The more general question thus becomes narrowed down to the more particular question: 'Is this a genuine thumb-print or is it a forgery?' Let us consider the evidence. First, what evidence is there that it is a genuine thumb-print? There is none. The identity of the pattern is no evidence on this point, because a forgery would also exhibit identity of pattern. The genuineness of the thumb-print was assumed by the prosecution, and no evidence has been offered.

"But now what evidence is there that the red thumb-print is a forgery?

"First, there is the question of size. Two different-sized prints could hardly be made by the same thumb. Then there is the evidence of the use of appliances. Safe-robbers do not ordinarily provide themselves with inking-slabs and rollers with which to make distinct impressions of their own fingers. Then there is the accidental mark on the print which also exists on the only genuine print that could have been used for the purpose of forgery, which is easily explained on the theory of a forgery, but which is otherwise totally incomprehensible. Finally, there is the strange disappearance of the 'Thumbograph' and its strange reappearance. All this is striking and weighty evidence, to which must be added that adduced by Dr. Thorndyke as showing how perfectly it is possible to imitate a finger-print.

"These are the main facts of the case, and it is for you to consider them. If, on careful consideration, you decide that the red thumb-print was actually made by the prisoner's thumb, then it will be your duty to pronounce the prisoner guilty; but if, on weighing the evidence, you decide that the thumb-print is a forgery, then it will be your duty to pronounce the prisoner not guilty. It is now past the usual luncheon hour, and, if you desire it, you can retire to consider your verdict while the Court adjourns."