The Nine of Hearts. Farjeon Benjamin Leopold
"I observed one of turquoises and diamonds."
The Attorney-general. "Was it a ring with any particular setting by which it could be identified?"
Witness. "A ring set with diamonds and turquoises. That is all I know."
The Attorney-general. "Would you recognize it again if you saw it?"
Witness. "I cannot say. I think not. I did not particularly remark it."
The Attorney-general. "Did you remark the color of her gloves?"
Witness. "They were black gloves."
The Attorney-general. "Of kid?"
Witness. "Yes, of kid."
The Attorney-general. "At what time did the prisoner and his companion leave the restaurant?"
Witness. "It must have been about twelve."
The Attorney-general. "Why do you say 'It must have been about twelve?'"
Witness. "Because I did not see them leave the room."
The Attorney-general. "You can, however, fix the time within a few minutes?"
Witness. "Oh yes. At a quarter to twelve, as near as I can remember, I had occasion to go down-stairs. When I returned, after three or four minutes, monsieur and madame were gone."
The Attorney-general. "Were you aware that they had a carriage waiting for them?"
Witness. "Only that I heard so. I did not see it."
(The witness was then briefly cross-examined by the prisoner.)
Prisoner. "You say that you saw me enter the restaurant from the street, and that I asked you if I could have supper in a private room?"
Witness. "That is so."
Prisoner. "Did you show me into a private room?"
Witness. "Yes."
Prisoner. "Where other persons could not enter?"
Witness. "Oh no; it was a room for six or eight persons."
Prisoner. "During the time I was there, did you attend to other persons besides me?"
Witness. "Yes."
Prisoner. "The room was not strictly private?"
Witness. "As private as I have said."
Prisoner. "What was the first thing I did when I went to the table you pointed out to me?"
Witness. "You removed your overcoat. It was wet with rain; and it surprised me that madame did not remove hers, which was also wet with rain."
Mr. Justice Fenmore. "Do not make remarks. Simply answer the questions put to you."
Witness. "Yes, my lord."
Prisoner. "What did I do with the overcoat when I had taken it off?"
Witness. "You hung it up behind you."
Prisoner. "On a peg in the wall?"
Witness. "Yes."
Prisoner. "Was this peg quite close to the table at which I sat?"
Witness. "No, it was at a little distance."
Prisoner. "At the back of me?"
Witness. "Yes."
Prisoner. "Did I put the overcoat on before I left the room?"
Witness. "Yes."
Mr. Justice Fenmore. "You have said in examination that you did not see the prisoner and his companion leave the room."
Witness. "But when I returned, after being away for three or four minutes, monsieur was gone, and the coat was also gone."
Prisoner. "Then you did not see me put on the overcoat?"
Witness. "No."
Prisoner. "I have nothing more to ask you."
Re-examined. "Would you be able to recognize the overcoat which the prisoner wore?"
Witness. "Oh yes; it was remarkable."
The Attorney-general. "Is this it?" (Ulster produced.)
Witness. "Yes; it is the same."
At this stage the court adjourned for luncheon.
IV
THE EVIDENCE OF LUMLEY RICH, DETECTIVE OFFICER. – THE NINE OF HEARTS
Upon the reassembling of the court, the first witness called was Lumley Rich.
The Attorney-general. "You belong to the detective force?"
Witness. "I do."
The Attorney-general. "On the 26th of March were you called to the prisoner's house?"
Witness. "Yes."
The Attorney-general. "At what hour of the morning?"
Witness. "At seven o'clock."
The Attorney-general. "Was the prisoner in the house at the time?"
Witness. "He was not."
The Attorney-general. "Whom did you see for the purpose of information?"
Witness. "The prisoner's coachman, James Moorhouse, and Ida White, lady's-maid, and other servants."
The Attorney-general. "What passed between you and the coachman?"
Witness. "I asked him at what time on the previous night the prisoner returned home. He said at about twenty minutes past twelve, and that the prisoner entered his house accompanied by a lady, opening the street door with his latch-key. I asked him if he had seen the prisoner since, and he replied that he had not. I asked him from what part of his dress the prisoner took the latch-key, and he replied, from the pocket of the ulster he wore."
The Attorney-general. "Although the prisoner was not at home, was this ulster in his house?"
Witness. "Yes, it was hanging on the coat-rack in the hall."
The Attorney-general. "Did you take possession of it?"
Witness. "I did."
The Attorney-general. "Did you search the pockets?"
Witness. "Yes."
The Attorney-general. "What did you find in them?"
Witness. "The latch-key of the street door and a playing-card."
The Attorney-general. "Nothing else?"
Witness. "Nothing else."
The Attorney-general. "Is this the latch-key?" (Latch-key produced.)
Witness. "It is."
The Attorney-general. "Is this the playing-card?" (Playing-card, the Nine of Hearts, produced.)
Witness. "It is."
The Attorney-general. "How do you recognize it?"
Witness. "By a private mark I put in the corner."
The Attorney-general. "There was absolutely nothing else in the pockets of the ulster?"
Witness. "Nothing else."
The Attorney-general. "Did you see the prisoner before you left the house?"
Witness. "I did."
The Attorney-general. "Describe what passed."
Witness. "The prisoner suddenly made his appearance while I was questioning the servants, and inquired my business there. I told him I was an officer, and that I was there because of his wife being found dead in her bed. 'Dead!' he cried; 'my wife!' and he rushed to her room. I followed him. He looked at her and sunk into a chair. He seemed stupefied. I had his ulster coat hanging on my arm, and I told him I had taken possession of it. He nodded vacantly. A moment or two afterwards he laid his hand upon the ulster, and demanded to know where I had obtained it. I informed him from the coat-rack in the hall. He cried, 'Impossible!' and as it seemed to me he was about to speak again, I informed him that anything he said might be used in evidence against him. 'In evidence!' he cried, 'against me!' 'Yes,' I replied; there has been murder