It was years since there had been
a promise of such sensation at the Old Bailey, and
never, perhaps, was competition keener for the very
few seats available in that antique theatre of justice.
Nor, indeed, could the most enterprising of modern
managers, with the star of all the stages at his beck
for the shortest of seasons, have done more to spread
the lady’s fame, or to excite a passionate curiosity
in the public mind, than was done for Rachel Minchin
by her official enemies of the Metropolitan Police.
Whether these gentry had their case
even more complete than they pretended, when the prisoner
was finally committed for trial, or whether the last
discoveries were really made in the ensuing fortnight,
is now of small account-though the point
provided more than one excuse for acrimony on the
part of defending counsel during the hearing of the
case. It is certain, however, that shortly after
the committal it became known that much new evidence
was to be forthcoming at the trial; that the case
against the prisoner would be found even blacker than
before; and that the witnesses were so many in number,
and their testimony so entirely circumstantial, that
the proceedings were expected to occupy a week.
Sure enough, the case was accorded
first place in the November Sessions, with a fair
start on a Monday morning toward the latter end of
the month. In the purlieus of the mean, historic
court, it was a morning not to be forgotten, and only
to be compared with those which followed throughout
the week. The prisoner’s sex, her youth,
her high bearing, and the peculiar isolation of her
position, without a friend to stand by her in her
need, all appealed to the popular imagination, and
produced a fascination which was only intensified
by the equally general feeling that no one else could
have committed the crime. From the judge downward,
all connected with the case were pestered for days
beforehand with more or less unwarrantable applications
for admission. And when the time came, the successful
suppliant had to elbow every yard of his way from
Newgate Street or Ludgate Hill; to pass three separate
barriers held by a suspicious constabulary; to obtain
the good offices of the Under Sheriff, through those
of his liveried lackeys; and finally to occupy the
least space, on the narrowest of seats, in a varnished
stall filled with curiously familiar faces, within
a few feet of the heavily veiled prisoner in the dock,
and not many more from the red-robed judge upon the
bench.
The first to take all this trouble
on the Monday morning, and the last to escape from
the foul air (shot by biting draughts) when the court
adjourned, was a white-headed gentleman of striking
appearance and stamina to match; for, undeterred by
the experience, he was in like manner first and last
upon each subsequent day. Behind him came and
went the well-known faces, the authors and the actors
with a semi-professional interest in the case; but
they were not well known to the gentleman with the
white head. He heard no more than he could help
of their constant whisperings, and, if he knew not
at whom he more than once had occasion to turn and
frown, he certainly did not look the man to care.
He had a well-preserved reddish face, with a small
mouth of extraordinary strength, a canine jaw, and
singularly noble forehead; but his most obvious distinction
was his full head of snowy hair. The only hair
upon his face, a pair of bushy eyebrows, was so much
darker as to suggest a dye; but the eyes themselves
were black as midnight, with a glint of midnight stars,
and of such a subtle inscrutability that a certain
sweetness of expression came only as the last surprise
in a face full of contrast and contradiction.
No one in court had ever seen this
man before; no one but the Under Sheriff learnt his
name during the week; but by the third day his identity
was a subject of discussion, both by the professional
students of the human countenance, who sat behind
him (balked of their study by the prisoner’s
veil), and among the various functionaries who had
already found him as free with a sovereign as most
gentlemen are with a piece of silver. So every
day he was ushered with ceremony to the same place,
at the inner end of the lowest row; there he would
sit watching the prisoner, a trifle nearer her than
those beside or behind him; and only once was his
attentive serenity broken for an instant by a change
of expression due to any development of the case.
It was not when the prisoner pleaded
clearly through her veil, in the first breathless
minutes of all; it was not a little later, when the
urbane counsel for the prosecution, wagging his pince-nez
at the jury, thrilled every other hearer with a mellifluous
forecast of the new evidence to be laid before them.
The missing watch and chain had been found; they would
presently be produced, and the jury would have an
opportunity of examining them, together with a plan
of the chimney of the room in which the murder had
been committed; for it was there that they had been
discovered upon a second search instituted since the
proceedings before the magistrates. The effect
of this announcement may be conceived; it was the
sensation of the opening day. The whole case of
the prosecution rested on the assumption that there
had been, on the part of some inmate of the house,
who alone (it was held) could have committed the murder,
a deliberate attempt to give it the appearance of
the work of thieves. Thus far this theory rested
on the bare facts that the glass of the broken window
had been found outside, instead of within; that no
other mark of foot or hand had been made or left by
the supposititious burglars; whereas a brace of revolvers
had been discovered in the dead man’s bureau,
both loaded with such bullets as the one which had
caused his death, while one of them had clearly been
discharged since the last cleaning. The discovery
of the missing watch and chain, in the very chimney
of the same room, was a piece of ideal evidence of
the confirmatory kind. But it was not the point
that made an impression on the man with the white
hair; it did not increase his attention, for that
would have been impossible; he was perhaps the one
spectator who was not, if only for the moment, perceptibly
thrilled.
Thrilling also was the earlier evidence,
furnished by maid-servants and police constables in
pairs; but here there was no surprise. The maids
were examined not only as to what they had seen and
heard on the night of the murder-and they
seemed to have heard everything except the fatal shot-but
upon the previous relations of their master and mistress-of
which they showed an equally extensive knowledge.
The constables were perforce confined to their own
discoveries and observations when the maids had called
them in. But all four witnesses spoke to the prisoner’s
behavior when shown the dead body of her husband, and
there was the utmost unanimity in their several tales.
The prisoner had exhibited little or no surprise;
it was several minutes before she had uttered a syllable;
and then her first words had been to point out that
burglars alone could have committed the murder.
In cross-examination the senior counsel
for the defence thus early showed his hand; and it
was not a strong one to those who knew the game.
A Queen’s Counsel, like the leader for the Crown,
this was an altogether different type of lawyer; a
younger man, with a more engaging manner; a more brilliant
man, who sought with doubtful wisdom to blind the
jury with his brilliance. His method was no innovation
at the Old Bailey; it was to hold up every witness
in turn to the derision and contempt of the jury and
the court. So both the maids were reduced to
tears, and each policeman cleverly insulted as such.
But the testimony of all four remained unshaken; and
the judge himself soothed the young women’s
feelings with a fatherly word, while wigs were shaken
in the well of the court. That was no road to
the soft side of a decent, conscientious, hard-headed
jury, of much the same class as these witnesses themselves;
even the actors and authors had a sound opinion on
the point, without waiting to hear one from the professional
gentlemen in the well. But the man in front with
the very white hair-the man who was always
watching the prisoner at the bar-there was
about as much expression of opinion upon his firm,
bare face as might be seen through the sable thickness
of her widow’s veil.
It was the same next day, when, for
some five hours out of a possible five and a half,
the attention of the court was concentrated upon a
point of obviously secondary significance. It
was suggested by the defence that the watch and chain
found up the study chimney were not those worn by
the deceased at the time he met his death. The
contention was supported by photographs of Alexander
Minchin wearing a watch-chain that might or might
not be of another pattern altogether; expert opinions
were divided on the point; and experts in chains as
well as in photography were eventually called by both
sides. Interesting in the beginning, the point
was raised and raised again, and on subsequent days,
until all were weary of the sight of the huge photographic
enlargements, which were handed about the court upon
each occasion. Even the prisoner would droop
in her chair when the “chain photograph”
was demanded for the twentieth time by her own unflagging
counsel; even the judge became all but inattentive
on the point, before it was finally dropped on an
intimation from the jury that they had made up their
minds about the chains; but no trace of boredom had
crossed the keen, alert face of the unknown gentleman
with the snowy hair.
So the case was fought for Mrs. Minchin,
tooth and nail indeed, yet perhaps with more asperity
than conviction, and certainly at times upon points
which were hardly worth the fighting. Yet, on
the Friday afternoon, when her counsel at last played
his masterstroke, and, taking advantage of the then
new Act, put the prisoner herself in the witness-box,
it was done with the air of a man who is throwing up
his case. The truth could be seen at a glance
at the clean-cut, handsome, but too expressive profile
of the crushing cross-examiner of female witnesses
and insolent foe to the police. As it had been
possible to predict, from the mere look with which
he had risen to his feet, the kind of cross-examination
in store for each witness called by the prosecution,
so it was obvious now that his own witness had come
forward from her own wilful perversity and in direct
defiance of his advice.
It was a dismal afternoon, and the
witness-box at the Old Bailey is so situated that
evidence is given with the back to the light; thus,
though her heavy veil was raised at last, and it could
be seen that she was very pale, it was not yet that
Rachel Minchin afforded a chance to the lightning
artists of the half-penny press, or even to the students
of physiognomy behind the man with the white hair.
This listener did not lean forward an inch; the questions
were answered in so clear a voice as to render it
unnecessary. Yet it was one of these questions,
put by her own counsel, which caused the white-headed
man to clap a sudden hand to his ear, and to incline
that ear as though the answer could not come without
some momentary hesitation or some change of tone.
Rachel had told sadly but firmly of her final quarrel
with her husband, incidentally, but without embarrassment,
revealing its cause. A neighbor was dangerously
ill, whom she had been going to nurse that night, when
her husband met her at the door and forbade her to
do so.
“Was this neighbor a young man?”
“Hardly more than a boy,” said Rachel,
“and as friendless as ourselves.”
“Was your husband jealous of him?”
“I had no idea of it until that night.”
“Did you find it out then?”
“I did, indeed!”
“And where had your husband been spending the
evening?”
“I had no idea of that either-until
he told me he had been watching the house-and
why!”
Though the man was dead, she could
not rid her voice of its scorn; and presently, with
bowed head, she was repeating his last words to her.
A cold thrill ran through the court.
“And was that the last time
you saw him alive?” inquired counsel, his face
lightening in ready apprehension of the thrill, and
his assurance coming back to him on the spot, as though
it were he who had insisted on putting his client
in the box.
But to this there was no immediate
answer; for it was here that the white-haired man
raised his hand to his ear; and the event was exactly
as he seemed to have anticipated.
“Was that the last time you
saw your husband alive?” repeated Rachel’s
counsel, in the winning accents and with the reassuring
face that he could assume without an effort at his
will.
“It was,” said Rachel,
after yet another moment’s thought.
It was then that the white-headed
man dropped his eyes for once; and for once the thin,
hard lines of his mouth relaxed in a smile that seemed
to epitomize all the evil that was in his face, and
to give it forth in one sudden sour quintessence.