About this book

Helen Vardon's confession

R. Austin Freeman

stick lying in the shade on the shelf might have been overlooked?” “It is quite impossible. I made a most exhaustive search, and I used an electric torch for examining dark interiors. Moreover, the object that I was looking for--a little parcel of precious stones--was much smaller, and less conspicuous than a walking stick. I could not have missed a large object like that. And I have quite a clear recollection of looking on that shelf--it was the only shelf in the cupboard--and throwing the light of the torch along it. I had to stand on tip-toe to see in distinctly, and so, I suppose, had Mrs. Otway.” “Do you swear that the cupboard was empty when you examined it?” “I swear that it was absolutely empty.” The coroner entered the reply in his notes, and then asked: “Did you receive any communication from Dr. Thorndyke respecting his proposed survey of the chambers at Lyon’s Inn?” “He called to enquire in whom the tenancy of the chambers was vested, but did not state why he wanted to know. I told him that the widow was the lessee. I don’t know how he got her address. I didn’t give it to him. I may say that when I had finished the inventory I locked up the chambers, and kept the keys until I delivered them up to Mrs. Otway.” “Thank you,” said the coroner. “That is all I wanted you to tell us. And that, gentlemen,” he continued, turning to the jury, “appears to be the whole of the evidence, with the exception of Dr. Thorndyke’s; and the question now arises, what are we to do? Let me explain the position, and then you can decide on our procedure. “This enquiry was adjourned to enable the police to make some investigations in connection with it. On their application, Dr. John Thorndyke, who, I may inform you, is an eminent medico-legal expert, was instructed by the Home Office to proceed to Maidstone to conduct an exhumation of the body of the late John Vardon, the father of Mrs. Otway. He was to make an examination of the body, and ascertain if possible, whether the cause of the said John Vardon’s death was as stated at the inquest, or whether, as is hinted in these anonymous letters, he died from the effects of violence. The question is an important one, but it is more important to the police than to us. Then, it seems that the Home Office further instructed this gentleman to carry out an independent investigation into the facts of this case which we, in our humble and inefficient way, are trying to investigate. It is an extraordinary proceeding, and one that I do not in the least understand; but then I am not a medico-legal specialist. I am only a mere coroner, and you are only a mere coroner’s jury. It is just as well that we should know our place. “Well, I understand that Dr. Thorndyke has made an examination of the body of Lewis Otway, and, as you have heard, he has made a survey of the deceased man’s chambers. We, also, have surveyed these chambers, but apparently our survey doesn’t count; and Dr. Shelburn, whose evidence you have heard, examined the body within a few hours of death. It would seem as if medical evidence were the last thing we want. Meanwhile I have had a telegram from Dr. Thorndyke saying that he has been detained at Maidstone, and has missed his train. I don’t know when he will arrive here. He may be here in a few minutes, or he may arrive in an hour or two. It is for you to decide what is to be done. We have a great deal of evidence to consider. We do not seem to need any more medical evidence, and the question of Mr. Vardon’s death is not of vital importance to this enquiry. “The question is shall we wait to hear Dr. Thorndyke’s evidence or shall we proceed to consider the great mass of evidence that we already have? It is for you to decide, gentlemen.” The jury conferred for a couple of minutes, and then the foreman announced their decision. “The jury say, sir, that we are enquiring into the death of Lewis Otway, not John Vardon. They would like to proceed with the consideration of the evidence without waiting for Dr. Thorndyke.” “I am entirely with you, gentlemen,” said the coroner. “I think that the evidence that we have heard will prove amply sufficient to guide us to our verdict; and we can still revise our opinions if the expert witness should have something fresh to tell us.” Chapter XXVII. The Indictment During the short interval, in which the coroner took a final glance over his notes, there was a general stirring among the occupants and a suggestion of preparation for the next act. Jurymen re-settled themselves in their seats, reporters straightened their backs, and looked about them, the police officers and the spectators conversed in low undertones. At length the coroner laid on the table before him a single sheet of paper--probably an abstract of the evidence--sat back in his chair, and looked towards the jury; whereupon a deep silence fell upon the court, and he began his address: “It is hardly necessary to remind you, gentlemen, that we are assembled for the purpose of ascertaining how, when, and by what means Lewis Otway came by his death; but it may be necessary to remark that our enquiry is not entirely concerned with the immediate causes of that death, but is also--and in fact, principally--concerned with the more remote contributory circumstances. For in this case, the ‘How, when, and by what means’ are simple enough. We have the testimony of an eye-witness who saw the deceased hanging dead, from a peg on the wall, under conditions strongly suggestive--in fact characteristic--of suicide; and we have the testimony of the deputy-police surgeon that all the appearances were those of suicide, and we have his expert opinion that the cause of death was undoubtedly suicidal hanging. Indeed, we may say that the immediate cause of death is self-evident, and that the whole of our enquiry is concerned with the remote causes. We are not asking ‘Did this man commit suicide?’ for the evidence of the first two witnesses settled that question. We are asking ourselves, Why did he commit suicide? The questions that we have to answer are, Was that suicide the spontaneous act of the deceased, for which he alone is responsible? Or was deceased driven to suicide by the deliberate, purposive, and malicious acts of some other person, or persons? And if the latter appears to be the case, Who is, or are, that person or persons, and what degree of criminal responsibility attaches to such acts? “Now we have at our disposal a considerable mass of rather miscellaneous evidence, and, I think the best way to deal with it will be to sketch out lightly the general course of events, and fill in the details later. The deceased, Lewis Otway, is the central figure of our picture, and the history that we have to trace, is his history. As to what we may call his past, that does not much concern us. Among the Ancient Egyptians the deceased was conceived as being brought before the tribunal of Osiris to answer for his conduct during his earthly life. We are not a tribunal of that kind. We are not trying Lewis Otway. If, as the police suspect, he had feathered his nest with a certain amount of illicit plumage, that is not our concern. Our interest in him is mainly confined to his connection with a particular series of events which began with his marriage and ended with his death. Let us now trace that succession of events, at first in outline, and then in more detail. “Lewis Otway first comes into our view on the occasion of his marriage. As presented in the evidence of his widow, Helen Otway, that marriage offers us the spectacle of an act of the most amazing folly. We see an elderly man--and an unattractive one at that, as you must have observed--marrying by compulsion, under threats, and greatly against her wishes, a young woman, of very unusual physical attractions, of great talent, and of exceptional mental gifts, and strength of character. You have seen this lady, and have heard her give her evidence, and you can confirm my description of her. “It was, I repeat, an act of amazing folly. For she must, in any case, have detested him. His conduct towards her was cruel and unscrupulous to the last degree, and in marrying her he could not fail to introduce a bitter enemy into his household. But there were added causes for that repugnance to him which she has freely admitted. In the first place, she believed that her consent had been secured by actual fraud. And in the second place, Otway’s action was the undoubted cause--whether directly or indirectly, we need not enquire at this stage--of John Vardon’s death. So that our history opens with the tableau of an elderly man who has married a young, beautiful, and clever wife, who loathes him, and has abundant reason for loathing him. “And now we pass on to the second scene--a scene almost more amazing than the first. Within an hour or two of the marriage ceremony, the young wife has repudiated the marriage, and demanded a separation for an indefinite period--practically a permanent separation. But it is not the demand that is so astonishing. The really astounding thing is that the husband seems to have agreed to this demand without demur. Consider the extraordinary inconsistency of his conduct. On the one hand we see this man, in his eagerness to possess this beautiful girl, trampling without scruple on her happiness, and her father’s, oblivious of everything but his own desires; on the other, we see him meekly submitting to a demand which--natural as it may have been--the law would not have supported. “Whence this sudden compliance? Why did he consent? He need not have consented. The marriage was quite regular. No suit for nullity could have been sustained, whereas he could have sued at once for restitution. Why did he agree in this incomprehensible manner to surrender his unquestionable rights? “But this is not the only inconsistency. The conduct of the wife is even more inexplicable. When Otway gave evidence at the inquest on Mr. Vardon he omitted all reference to the loaded stick; which is not unnatural, seeing that it was a highly incriminating circumstance. But that suppression of a material fact made his evidence, in effect, false evidence. For the truth is, according to the terms of the witnesses oath, the whole truth. Yet Helen Otway, when she gave evidence, confirmed this virtually false testimony; and she also suppressed--or, at least, omitted--the facts relating to the loaded stick. Her explanation is that, feeling convinced that her father died from a heart attack, she did not consider the stick incident of any importance. In estimating the credibility of that explanation you will bear in mind that the verdict was ‘Death from natural causes,’ but that the jury were not in possession of the facts. You will also bear in mind that this woman had seen her father lying dead, with a wound on his head, and this man, whom she loathed, and detested, standing over the body, grasping a formidable weapon. But whatever view you take of the explanation, the fact remains that at the inquest she not only refrained from accusing him, but she withheld a material fact which, if it had been disclosed, might have put Otway in the dock on a charge of murder. “Here, then, are two cases of incomprehensible inconsistency of conduct. But they are only incomprehensible so long as they are considered separately. Consider them together and a perfectly intelligible suggestion emerges. The husband had the power to compel his wife to live with him--and he did not exercise it. The wife had the power to expose the husband to a suspicion of having committed a capital crime--and she did not exercise it. The appearance is that of a surrender by each of the power to injure the other; in short, of a