The afternoon sunlight poured into
the room golden and clear. Outside the open windows
the garden was noisy with birds and the river babbled
between its banks. Henry Thresk shut his ears
against the music. For all his appearance of
ease he dreaded the encounter which was now begun.
Pettifer he knew to be a shrewd man. He watched
him methodically arranging his press-cuttings in front
of him. Pettifer might well find some weak point
in his story which he himself had not discovered; and
whatever course he was minded afterwards to take, here
and now he was determined once more to fight Stella’s
battle.
“I need not go back on the facts
of the trial,” said Pettifer. “They
are fresh enough in your memory, no doubt. Your
theory as I understand it ran as follows: While
you were mounting your camel on the edge of the camp
to return to the station and Ballantyne was at your
side, the thief whose arm you had both seen under
the tent wall, not knowing that now you had the photograph
of Bahadur Salak which he wished to steal, slipped
into the tent unperceived, took up the rook-rifle
“Which was standing by Mrs.
Ballantyne’s writing-table,” Thresk interposed.
“Loaded it,
“The cartridges were lying open in a drawer.”
“And shot Ballantyne on his return.”
“Yes,” Thresk agreed.
“In addition you must remember that when Captain
Ballantyne was found an hour or so later Mrs. Ballantyne
was in bed and asleep.”
“Quite so,” said Pettifer.
“In brief, Mr. Thresk, you supplied a reasonable
motive for the crime and some evidence of a criminal.
And I admit that on your testimony the jury returned
the only verdict which it was possible to give.”
“What troubles you then?”
Henry Thresk asked, and Pettifer replied drily:
“Various points. Here’s
one a minor one. If Captain Ballantyne
was shot by a thief detected in the act of thieving
why should that thief risk capture and death by dragging
Captain Ballantyne’s body out into the open?
It seems to me the last thing which he would naturally
do.”
Thresk shrugged his shoulders.
“I can’t explain that.
It is perhaps possible that not finding the photograph
he fell into a blind rage and satisfied it by violence
towards the dead man.”
“Dead or dying,” Mr. Pettifer
corrected. “There seems to have been some
little doubt upon that point. But your theory’s
a little weak, isn’t it? To get away unseen
would be that thief’s first preoccupation, surely?”
“Reasoning as you and I are
doing here quietly, at our ease, in this room, no
doubt you are right, Mr. Pettifer. But criminals
are caught because they don’t reason quietly
when they have just committed a crime. The behaviour
of a man whose mind is influenced by that condition
cannot be explained always by any laws of psychology.
He may be in a wild panic. He may act as madmen
act, or like a child in a rage. And if my explanation
is weak it’s no weaker than the only other hypothesis:
that Mrs. Ballantyne herself dragged him into the
open.”
Mr. Pettifer shook his head.
“I am not so sure. I can
conceive a condition of horror in the wife, horror
at what she had done, which would make that act not
merely possible but almost inevitable. I make
no claims to being an imaginative man, Mr. Thresk,
but I try to put myself into the position of the wife”;
and he described with a vividness for which Thresk
was not prepared the scene as he saw it.
“She goes to bed, she undresses
and goes to bed she must do that if she
is to escape she puts out her light, she
lies in the dark awake, and under the same roof, close
to her, in the dark too, is lying the man she has
killed. Just a short passage separates her from
him. There are no doors mind that,
Mr. Thresk no doors to lock and bolt, merely
a grass screen which you could lift with your forefinger.
Wouldn’t any and every one of the little cracks
and sounds and breathings, of which the quietest and
stillest night is full, sound to her like the approach
of the dead man? The faintest breath of air would
seem a draught made by the swinging of the grass-curtain
as it was stealthily lifted lifted by the
dead man. No, Mr. Thresk. The wife is just
the one person I could imagine who would do that needless
barbarous violence of dragging the body into the open and
she would do it, not out of cruelty, but because she
must or go mad.”
Thresk listened without a movement
until Robert Pettifer had finished. Then he said:
“You know Mrs. Ballantyne.
Has she the strength which she must have had to drag
a heavy man across the carpet of a tent and fling him
outside?”
“Not now, not before. But
just at the moment? You argued, Mr. Thresk, that
it is impossible to foresee what people will do under
the immediate knowledge that they have committed a
capital crime. I agree. But I go a little
further. I say that they will also exhibit a physical
strength with which it would be otherwise impossible
to credit them. Fear lends it to them.”
“Yes,” Thresk interrupted
quickly, “but don’t you see, Mr. Pettifer,
that you are implying the existence of an emotion
in Mrs. Ballantyne which the facts prove her to have
been without fear, panic? She was found
quietly asleep in her bed by the ayah when she came
to call her in the morning. There’s no
doubt of that. The ayah was never for a moment
shaken upon that point. The pyschology of crime
is a curious and surprising study, Mr. Pettifer, but
I know of no case where terror has acted as a sleeping-draught.”
Mr. Pettifer smiled and turned altogether
away from the question.
“It is, as I said, a minor point,
and perhaps one from which any sort of inference would
be unsafe. It interested me. I lay no great
stress upon it.”
He dismissed the point carelessly,
to the momentary amusement of Henry Thresk. The
art of slipping away from defeat had been practised
with greater skill. Thresk lost some part of
his apprehension but none of his watchfulness.
“Now, however, we come to something
very different,” said Pettifer, hitching himself
a little closer to his table and fixing his eyes upon
Thresk. “The case for the prosecution ran
like this: Stephen Ballantyne was, though a man
of great ability, a secret drunkard who humiliated
his wife in public and beat her in private. She
went in terror of him. She bore on more than
one occasion the marks of his violence; and upon that
night in Chitipur, perhaps in a panic and very likely
under extreme provocation, she snatched up her rook-rifle
and put an end to the whole bad business.”
“Yes,” Thresk agreed, “that was
the case for the Crown.”
“Yes, and throughout the sitting
at the Stipendiary’s inquiry before you came
upon the scene that theory was clearly developed.”
“Yes.”
Thresk’s confidence vanished
as quickly as it had come. He realised whither
Pettifer’s questions were leading. There
was a definitely weak link in his story and Pettifer
had noticed it and was testing it.
“Now,” the solicitor continued “and
this is the important point what was the
answer to that charge foreshadowed by the defence during
those days before you appeared?”
Thresk answered the question quickly,
if answer it could be called.
“The defence had not formulated
any answer. I came forward before the case for
the Crown finished.”
“Quite so. But Mrs. Ballantyne’s
counsel did cross-examine the witnesses for the prosecution we
must not forget that, Mr. Thresk and from
the cross-examination it is quite clear what answer
he was going to make. He was going not
to deny that Mrs. Ballantyne shot her husband but
to plead that she shot him in self-defence.”
“Oh?” said Thresk, “and where do
you find that?”
He had no doubt himself in what portion
of the report of the trial a proof of Pettifer’s
statement was to be discovered, but he made a creditable
show of surprise that any one should hold that opinion
at all.
Pettifer selected a column of newspaper
from his cuttings.
“Listen,” he said.
“Mr. Repton, a friend of Mrs. Ballantyne, was
called upon a subpoena by the Crown and he testified
that while he was a Collector at Agra he went up with
his wife from the plains to the hill-station of Moussourie
during a hot weather. The Ballantynes went up
at the same time and occupied a bungalow next to Repton’s.
One night Repton’s house was broken into.
He went across to Ballantyne the next morning and
advised him in the presence of his wife to sleep with
a revolver under his pillow.”
“Yes, I remember that,”
said Thresk. He had indeed cause to remember it
very well, for it was just this evidence given by Repton
with its clear implication of the line which the defence
meant to take that had sent him in a hurry to Mrs.
Ballantyne’s solicitor. Pettifer continued
by reading Repton’s words slowly and with emphasis.
“’Mrs. Ballantyne then
turned very pale, and running after me down the garden
like a distracted woman cried: “Why did
you tell him to do that? It will some night mean
my death."’ This statement, Mr. Thresk, was
elicited in cross-examination by Mrs. Ballantyne’s
counsel, and it could only mean that he intended to
set up a plea of self-defence. I find it a little
difficult to reconcile that intention with the story
you subsequently told.”
Henry Thresk for his part knew that
it was not merely difficult, it was, in fact, impossible.
Mr. Pettifer had read the evidence with an accurate
discrimination. The plea of self-defence was here
foreshadowed and it was just the certainty that the
defence was going to rely upon it for a verdict which
had brought Henry Thresk himself into the witness-box
at Bombay. Given all that was known of Stephen
Ballantyne and of the life he had led his unhappy
wife, the defence would have been a good one, but for
a single fact the discovery of Ballantyne’s
body outside the tent. No plea of self-defence
could safely be left to cover that. Thresk himself
wondered at it. It struck at public sympathy,
it seemed the act of a person insensate and vindictive.
Therefore he had come forward with his story.
But Mr. Pettifer was not to know it.
“There are three things for
you to remember,” said Thresk. “In
the first place it is too early to assume that self-defence
was going to be the plea. Assumptions in a case
of this kind are very dangerous, Mr. Pettifer.
They may lead to an irreparable injustice. We
must keep to the fact that no plea of self-defence
was ever formulated. In the second place Mrs.
Ballantyne was brought down to Bombay in a state of
complete collapse. Her married life had been
a torture to her. She broke down at the end of
it. She was indifferent to anything that might
happen.”
Pettifer nodded. “Yes, I can understand
that.”
“It followed that her advisers had to act upon
their own initiative.”
“And the third point?” Pettifer asked.
“Well, it’s not so much
a point as an opinion of mine. But I hold it
strongly. Her counsel mishandled the case.”
Pettifer pursed up his lips and grunted.
He tapped a finger once or twice on the table in front
of him. He looked towards Thresk as if all was
not quite said. Harold Hazlewood, to whom the
position of a neglected listener was rare and unpalatable,
saw an opportunity for intervention.
“The three points are perhaps
not very conclusive,” he said.
Thresk turned towards him coldly:
“I promised to answer such questions
as Mr. Pettifer put to me. I am doing that.
I did not undertake to discuss the value of my answers
afterwards.”
“No, no, quite so,” murmured
Mr. Hazlewood. “We are very grateful, I
am sure,” and he left once more the argument
to Pettifer.
“Then I come to the next question,
Mr. Thresk. At some moment in this inquiry you
of your own account put yourself into communication
with Mrs. Ballantyne’s advisers and volunteered
your evidence?”
“Yes.”
“Isn’t it strange that
the defence did not at the very outset get into communication
with you?”
“No,” replied Thresk.
Here he was at his ease. He had laid his plans
well in Bombay. Mr. Pettifer might go on asking
questions until midnight upon this point. Thresk
could meet him. “It was not at all strange.
It was not known that I could throw any light upon
the affair at all. All that passed between Ballantyne
and myself passed when we were alone; and Ballantyne
was now dead.”
“Yes, but you had dined with
the Ballantynes on that night. Surely it’s
strange that since you were in Bombay Mrs. Ballantyne’s
advisers did not seek you out.”
“Yes, yes,” added Mr.
Hazlewood, “very strange indeed, Mr. Thresk since
you were in Bombay”; and he looked up at the
ceiling and joined the tips of his fingers, his whole
attitude a confident question: “Answer
that if you can.”
Thresk turned patiently round.
“Hasn’t it occurred to
you, Mr. Hazlewood, that it is still more strange
that the prosecution did not at once approach me?”
“Yes,” said Pettifer suddenly.
“That question too has troubled me”; and
Thresk turned back again.
“You see,” he explained,
“I was not known to be in Bombay at all.
On the contrary I was supposed to be somewhere in
the Red Sea or the Mediterranean on my way back to
England.”
Mr. Pettifer looked up in surprise.
The statement was news to him and if true provided
a natural explanation of some of his chief perplexities.
“Let me understand that!” and there was
a change in his voice which Thresk was quick to detect.
There was less hostility.
“Certainly,” Thresk answered.
“I left the tent just before eleven to catch
the Bombay mail. I was returning direct to England.
The reason why Ballantyne asked me to take the photograph
of Bahadur Salak was that since I was going on board
straight from the train it could be no danger to me.”
“Then why didn’t you go
straight on board?” asked Pettifer.
“I’ll tell you,”
Thresk replied. “I thought the matter over
on the journey down to Bombay, and I came to the conclusion
that since the photograph might be wanted at Salak’s
trial I had better take it to the Governor’s
house at Bombay. But Government House is out at
Malabar Point, four miles from the quays. I took
the photograph out myself and so I missed the boat.
But there was an announcement in the papers that I
had sailed, and in fact the consul at Marseilles came
on board at that port to inquire for me on instructions
from the Indian Government.”
Mr. Pettifer leaned back.
“Yes, I see,” he said
thoughtfully. “That makes a difference a
big difference.” Then he sat upright again
and said sharply:
“You were in Bombay then when
Mrs. Ballantyne was brought down from Chitipur?”
“Yes.”
“And when the case for the Crown was started?”
“Yes.”
“And when the Crown’s witnesses were cross-examined?”
“Yes.”
“Why did you wait then all that
time before you came forward?” Pettifer put
the question with an air of triumph. “Why,
Mr. Thresk, did you wait till the very moment when
Mrs. Ballantyne was going to be definitely committed
to a particular line of defence before you announced
that you could clear up the mystery? Doesn’t
it rather look as if you had remained hidden on the
chance of the prosecution breaking down, and had only
come forward when you realised that to-morrow self-defence
would be pleaded, the firing of that rook-rifle admitted
and a terrible risk of a verdict of guilty run?”
Thresk agreed without a moment’s hesitation.
“But that’s the truth,
Mr. Pettifer,” he said, and Mr. Pettifer sprang
up.
“What?”
“Consider my position” Thresk
drew up his chair close to the table “a
barrister who was beginning to have one of the large
practices, the Courts opening in London, briefs awaiting
me, cases on which I had already advised coming on.
I had already lost a fortnight. That was bad
enough, but if I came forward with my story I must
wait in Bombay not merely for a fortnight but until
the whole trial was completed, as in the end I had
to do. Of course I hoped that the prosecution
would break down. Of course I didn’t intervene
until it was absolutely necessary in the interests
of justice that I should.”
He spoke so calmly, there was so much
reason in what he said, that Pettifer could not but
be convinced.
“I see,” he said.
“I see. Yes. That’s not to be
disputed.” He remained silent for a few
moments. Then he shuffled his papers together
and replaced them in the envelope. It seemed
that his examination was over. Thresk rose from
his chair.
“You have no more questions to ask me?”
he inquired.
“One more.”
Pettifer came round the table and stood in front of
Henry Thresk.
“Did you know Mrs. Ballantyne before you went
to Chitipur?”
“Yes,” Thresk replied.
“Had you seen her lately?”
“No.”
“When had you last seen her?”
“Eight years before, in this
neighbourhood. I spent a holiday close by.
Her father and mother were then alive. I had not
seen her since. I did not even know that she
was in India and married until I was told so in Bombay.”
Thresk was prepared for that question.
He had the truth ready and he spoke it frankly.
Mr. Pettifer turned away to Hazlewood, who was watching
him expectantly.
“We have nothing more to do,
Hazlewood, but to thank Mr. Thresk for answering our
questions and to apologise to him for having put them.”
Mr. Hazlewood was utterly disconcerted.
After all, then, the marriage must take place; the
plot had ignominiously failed, the great questions
which were to banish Stella Ballantyne from Little
Beeding had been put and answered. He sat like
a man stricken by calamity. He stammered out
reluctantly a few words to which Thresk paid little
heed.
“You are satisfied then?”
he asked of Pettifer; and Pettifer showed him unexpectedly
a cordial and good-humoured face.
“Yes. Let me say to you,
Mr. Thresk, that ever since I began to study this
case I have wished less and less to bear hardly upon
Mrs. Ballantyne. As I read those columns of evidence
the heavy figure of Stephen Ballantyne took life again,
but a very sinister life; and when I look at Stella
and think of what she went through during the years
of her married life while we were comfortably here
at home I cannot but feel a shiver of discomfort.
Yes, I am satisfied and I am glad that I am satisfied”;
and with a smile which suddenly illumined his dry parched
face he held out his hand to Henry Thresk.
It was perhaps as well that the questions
were over, for even while Pettifer was speaking Stella’s
voice was heard in the hall. Pettifer had just
time to thrust away the envelope with the cuttings
into a drawer before she came into the room with Dick.
She had been forced to leave the three men together,
but she had dreaded it. During that one hour of
absence she had lived through a lifetime of terror
and anxiety. What would Thresk tell them?
What was he now telling them? She was like one
waiting downstairs while a surgical operation is being
performed in the theatre above. She had hurried
Dick back to Little Deeding, and when she came into
the room her eyes roamed round in suspense from Thresk
to Hazlewood, from Hazlewood to Pettifer. She
saw the tray of miniatures upon the table.
“You admire the collection?” she said
to Thresk.
“Very much,” he answered,
and Pettifer took her by the arm and in a voice of
kindness which she had never heard him use before he
said:
“Now tell me about your house.
That’s much more interesting.”