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A silent witness

R. Austin Freeman

overlooked; but, in spite of this error, the plan was ingenious, subtle, and clearly not the work of an ignorant man. “And here I would point out to you that this latter fact was one of great importance in searching for the solution of the mystery. We knew something of our man. He was subtle, resourceful, and absolutely ruthless. Noting this, I was prepared, in pursuing the case, to find his other actions characterized by subtlety, resourcefulness and ruthlessness. His further actions were not going to be those of a dullard or an ignoramus. “But this was not all the information that I had concerning the personality of this unknown villain. Jervis and I looked over the cellars that same night within an hour and a half of the rescue and before anything had been moved. We were then in a position to infer that the unknown was probably a somewhat tall man and above the average of strength, as shown by the weight, position and arrangement of the iron bottles. Moreover, since there was no faintest trace of a finger-print on any of them, it followed that some precaution against them--such as gloves--had been adopted; which again suggested either a professional criminal or a person well acquainted with criminal methods. “So much for the man. As to the rest of the information that I obtained by looking into the cellar, it seemed at the time meagre enough; and yet, when considered by the light of Jardine’s statement, it turned out to be of vital importance. You remember what it was, Jardine? That cellar contained certain objects. They seemed very unilluminating and commonplace, but, according to my invariable custom, I considered them attentively and made a written list of them. Do you remember what they were?” “Yes, quite well. There were ten empty cylinders, a spanner, a packing-case--” “What were the dimensions of the case?” Thorndyke interrupted. “Seven feet long by two and a half wide and deep. Then there were a couple of waterproof sheets and a quantity of straw. That is the lot, I think, and I’ll be hanged if I can see what any of them--excepting the three cylinders that were used for my benefit--have to do with the case. Can you, Jervis?” “I’m afraid I can’t,” he replied. “They are all such very ordinary objects.” “Ordinary or not,” said Thorndyke, “there they were; and I made a note of them on the principle--which I am continually impressing on my students--that you can never judge in advance what the evidential value of any fact will be, and on the further principle that, in estimating evidence, there is no such thing as a commonplace fact or object. “Until I had heard Jardine’s account of the affair there was not much to be gained by thinking about the possibilities that it presented. There was, however, one point to be settled, and I dealt with it at once. My slight inspection of the works had shown that no business was being carried on in them; and the question was whether they were completely untenanted or whether there was some person who had regular access to them. My enquiries resulted, as you know, in the unearthing of the mysterious Mr. Gill, but what his relation to the affair might be I was not, at the moment, in a position to judge. “Then came our talk with Jardine, from which emerged the fact that the ordinary motives of murder apparently did not exist in this case, and that the crime appeared to have its origin in circumstances that had arisen locally and recently. And, on our proceeding to search for such conditions as might conceivably generate an adequate motive, we lighted on a case of cremation. “Now, it is my habit, whenever I have to deal with death which has been followed by cremation, to approach the case with the utmost caution and scrutinize the circumstances most narrowly. For, admirable as is this method of disposing of the dead regarded from a hygienic standpoint, it has the fatal defect of lending itself most perfectly to the more subtle forms of murder, and especially to the administration of poison. By cremation all traces of the alkaloids, the toxines and the other organic poisons are utterly destroyed, while of the metals, the three whose compounds are most commonly employed for criminal purposes, arsenic, antimony and mercury--are volatilized by heat and would be more or less completely dissipated during the incineration of the body. It is true that the most elaborate precautions in the form of examination and certification are prescribed--and usually taken, I presume--before cremation is performed; but, as every medical jurist knows, precautions taken before the event are useless, for, to be effective, they have to cover every possible cause of death, which would be impracticable. Hence, as suspicion, in case of poisoning, commonly does not arise until some time after death, I always give the closest consideration to the antecedent circumstances in cases where cremation has been performed. “But in this case of Jardine’s it was at once obvious that the circumstances called for the minutest inquiry and that no inquiry had been made. On the face of it the case was a suspicious one; and the curious incident that Jardine described made it look more suspicious still and, moreover, suggested a possible motive for the attempt on his life. Apparently he had seen, or was believed to have seen, something that he was not desired to see; something that it was not intended that anyone should see. “Now what might that something have been? Apparently it was connected with the hand or with the part of the arm adjacent to the hand. I considered the possibilities; and at once they fell into two categories. That something might have been a wound, an injury, a hypodermic needle-mark; something, that is to say, related to the cause of death; or it might have been a mutilation, a deformity, a finger-ring, a tattoo-mark; something, that is to say, related to the identity of the deceased. And it followed that the cremation might have been made use of to conceal either the cause of death or the identity of the body. But all this was purely speculative. The case looked suspicious; but there was not a particle of positive evidence that anything abnormal had occurred. “At this point Jardine exploded on us his second mystery; that of the dead cleric at Hampstead. This gave us, at once, an adequate motive for getting rid of him; for it had every appearance of a case of murder with successful concealment of the body, and Jardine was the only witness who could testify to its having occurred. On hearing of this I was for a moment disposed to dismiss the cremation case; to consider that the suspicious elements in it had been magnified by our imaginations in our endeavours to find an explanation of the assault on Jardine. Moreover, since we now had a sufficient motive for that assault the cremation case appeared to be outside the scope of the inquiry. “But there was a difficulty. It was now six weeks since Jardine had encountered the body in the lane, and during that time he had been entirely unmolested. The assault had occurred on his moving into a new neighbourhood, to which he had come unexpectedly and unannounced. Moreover, the assault had been committed by some person who either had access to the factory or was, at least, well acquainted with it and who, therefore, seemed to be connected with the new neighbourhood; and it was committed within a few days of the cremation incident. Furthermore, the assault was manifestly premeditated and prepared; but yet the circumstances--namely, Jardine’s recent and unexpected appearance in the neighbourhood--were such as to make it certain that the crime could have been planned only a day or two before its execution. Which again seemed to connect it with the cremation case rather than with the Hampstead case. “There were two more points. We have seen that Jardine’s would-be murderer was a subtle, ingenious, resourceful and cautious villain. But a crime adjusted, to the conditions of cremation is exactly such a crime as we should expect of such a man; whereas the Hampstead crime--assuming it to be a crime--appeared to have been a somewhat clumsy affair, though the successful concealment of the body pointed to a person of some capacity. So that the former crime was more congruous with the known personality of the would-be murderer than the latter. “The second point was made on further investigation. The day after our consultation I looked round the neighbourhood with the aid of a large-scale map; when I discovered that the yard of the factory in Norton Street backed on the garden of the Samways’ house in Gayton Street. This, again, suggested a connection between the cremation case and the assault on Jardine; and the suggestion was so strong that once more the cremation incident assumed the uppermost place in my mind. “I considered that case at length. Assuming a crime to have been committed, what was the probable nature of that crime? Now, cremation, as I have said, tends to destroy two kinds of evidence, namely: that relating to the cause of death and that relating to the identity of the body; whence it follows that the two crimes which it may be used to conceal are murder and substitution. “To which of these crimes did the evidence point in the present instance? Well, we had the undoubted fact that cremation had been performed pursuant to the expressed wishes of Septimus Maddock, the man who was alleged to have been cremated. But if it was a case of murder, the crime must have been hurriedly planned a few days before the man’s death--that is, after the execution of the will; for we could assume that Maddock would not have connived at his own murder; whereas, if it was a case of substitution Maddock, himself, was probably the actual agent. Considering the circumstances--the inexplicable, symptomless illness and the unexpected death--the latter crime was obviously more probable than the former. The illness, in that case, would be a sham illness deliberately planned to prepare the way for the introduction of the substituted body. “Moreover, the attendant circumstances were more in favour of substitution than of murder. Of the three doctors who saw the body, only one had seen the living man; and that one, Batson, was more than half blind and wholly inattentive and neglectful. For the purpose of substitution, no more perfectly suitable practitioner could have been selected. The identity of the body was taken for granted--naturally enough, I admit--and no verification was even thought of. Then, as to Jardine’s experience. The hand or wrist is not at all a likely region on which to find either a fatal injury or the trace of a hypodermic injection; whereas it is a most important region for purposes of identification. The hand is highly characteristic in itself even when normal; and there is no part of the body that is so subject to mutilation or in which mutilations and deformities are so striking, so conspicuous, and so characteristic. Lost fingers, stiff fingers, webbed fingers, supernumerary fingers, contracted palm, deformed nails, brachydactylia and numerous other abnormal conditions are not only easily recognized, but--since the hand is usually unclothed and visible--their existence will be known to a large number of persons. “The evidence, in short, was strongly in favour of substitution as against murder. “If, however, the body which was cremated was not that of Maddock, then it was the body of some other person; that is to say that the theory of substitution left us with a dead body that was unaccounted for. And since a dead body implies the death of some person, the theory of substitution left us with a death unaccounted for and obviously concealed; that is to say, it raised a strong presumption of