While Mallalieu lay captive in the
stronghold of Miss Pett, Cotherstone was experiencing
a quite different sort of incarceration in the detention
cells of Norcaster Gaol. Had he known where his
partner was, and under what circumstances Mallalieu
had obtained deliverance from official bolts and bars,
Cotherstone would probably have laughed in his sleeve
and sneered at him for a fool. He had been calling
Mallalieu a fool, indeed, ever since the previous
evening, when the police, conducting him to Norcaster,
had told him of the Mayor’s escape from the
Town Hall. Nobody but an absolute fool, a consummate
idiot, thought Cotherstone, would have done a thing
like that. The man who flies is the man who has
reason to fly that was Cotherstone’s
opinion, and in his belief ninety-nine out of every
hundred persons in Highmarket would share it.
Mallalieu would now be set down as guilty they
would say he dared not face things, that he knew he
was doomed, that his escape was the desperate act
of a conscious criminal. Ass! said
Cotherstone, not without a certain amount of malicious
delight: they should none of them have reason
to say such things of him. He would make no attempt
to fly no, not if they left the gate of
Norcaster Gaol wide open to him! It should be
his particular care to have himself legally cleared his
acquittal should be as public as the proceedings which
had just taken place. He went out of the dock
with that resolve strong on him; he carried it away
to his cell at Norcaster; he woke in the morning with
it, stronger than ever. Cotherstone, instead of
turning tail, was going to fight for his
own hand.
As a prisoner merely under detention,
Cotherstone had privileges of which he took good care
to avail himself. Four people he desired to see,
and must see at once, on that first day in gaol and
he lost no time in making known his desires.
One and the most important person
was a certain solicitor in Norcaster who enjoyed a
great reputation as a sharp man of affairs. Another scarcely
less important was a barrister who resided
in Norcaster, and had had it said of him for a whole
generation that he had restored more criminals to
society than any man of his profession then living.
And the other two were his own daughter and Windle
Bent. Them he must see but the men
of law first.
When the solicitor and the barrister
came, Cotherstone talked to them as he had never talked
to anybody in his life. He very soon let them
see that he had two definite objects in sending for
them: the first was to tell them in plain language
that money was of no consideration in the matter of
his defence; the second, that they had come there to
hear him lay down the law as to what they were to
do. Talk he did, and they listened and
Cotherstone had the satisfaction of seeing that they
went away duly impressed with all that he had said
to them. He went back to his cell from the room
in which this interview had taken place congratulating
himself on his ability.
“I shall be out of this, and
all’ll be clear, a week today!” he assured
himself. “We’ll see where that fool
of a Mallalieu is by then! For he’ll not
get far, nor go hidden for thirty years, this time.”
He waited with some anxiety to see
his daughter, not because he must see her within the
walls of a prison, but because he knew that by that
time she would have learned the secrets of that past
which he had kept so carefully hidden from her.
Only child of his though she was, he felt that Lettie
was not altogether of his sort; he had often realized
that she was on a different mental plane from his
own, and was also, in some respects, a little of a
mystery to him. How would she take all this? what
would she say? what effect would it have
on her? he pondered these questions uneasily
while he waited for her visit.
But if Cotherstone had only known
it, he need have suffered no anxiety about Lettie.
It had fallen to Bent to tell her the sad news the
afternoon before, and Bent had begged Brereton to go
up to the house with him. Bent was upset; Brereton
disliked the task, though he willingly shared in it.
They need have had no anxiety, either. For Lettie
listened calmly and patiently until the whole story
had been told, showing neither alarm, nor indignation,
nor excitement; her self-composure astonished even
Bent, who thought, having been engaged to her for
twelve months, that he knew her pretty well.
“I understand exactly,”
said Lettie, when, between them, they had told her
everything, laying particular stress on her father’s
version of things. “It is all very annoying,
of course, but then it is quite simple, isn’t
it? Of course, Mr. Mallalieu has been the guilty
person all through, and poor father has been dragged
into it. But then all that you have
told me has only to be put before the who
is it? magistrates? judges? and
then, of course, father will be entirely cleared,
and Mr. Mallalieu will be hanged. Windle of
course we shall have to put off the wedding?”
“Oh, of course!” agreed
Bent. “We can’t have any weddings
until all this business is cleared up.”
“That’ll be so much better,”
said Lettie. “It really was becoming an
awful rush.”
Brereton glanced at Bent when they left the house.
“I congratulate you on having
a fiancee of a well-balanced mind, old chap!”
he said. “That was a relief!”
“Oh, Lettie’s a girl of
singularly calm and equable temperament,” answered
Bent. “She’s not easily upset, and
she’s quick at sizing things up. And I
say, Brereton, I’ve got to do all I can for Cotherstone,
you know. What about his defence?”
“I should imagine that Cotherstone
is already arranging his defence himself,” said
Brereton. “He struck me during that talk
this morning at Tailington’s as being very well
able to take care of himself, Bent, and I think you’ll
find when you visit him that he’s already fixed
things. You won’t perhaps see why, and
I won’t explain just now, but this foolish running
away of Mallalieu, who, of course, is sure to be caught,
is very much in Cotherstone’s favour. I
shall be much surprised if you don’t find Cotherstone
in very good spirits, and if there aren’t developments
in this affair within a day or two which will impress
the whole neighbourhood.”
Bent, visiting the prisoner in company
with Lettie next day, found Brereton’s prediction
correct. Cotherstone, hearing from his daughter’s
own lips what she herself thought of the matter, and
being reassured that all was well between Bent and
her, became not merely confident but cheerily boastful.
He would be free, and he would be cleared by that day
next week he was not sorry, he said, that
at last all this had come out, for now he would be
able to get rid of an incubus that had weighted him
all his life.
“You’re very confident, you know,”
remarked Bent.
“Not beyond reason,” asserted
Cotherstone doggedly. “You wait till tomorrow!”
“What is there tomorrow?” asked Bent.
“The inquest on Stoner is tomorrow,”
replied Cotherstone. “You be there and
see and hear what happens.”
All of Highmarket population that
could cram itself into the Coroner’s court was
there next day when the adjourned inquest on the clerk’s
death was held. Neither Bent nor Brereton nor
Tallington had any notion of what line was going to
be taken by Cotherstone and his advisers, but Tallington
and Brereton exchanged glances when Cotherstone, in
charge of two warders from Norcaster, was brought
in, and when the Norcaster solicitor and the Norcaster
barrister whom he had retained, shortly afterwards
presented themselves.
“I begin to foresee,”
whispered Tallington. “Clever! devilish
clever!”
“Just so,” agreed Brereton,
with a sidelong nod at the crowded seats close by.
“And there’s somebody who’s interested
because it’s going to be devilish clever that
fellow Pett!”
Christopher Pett was there, silk hat,
black kid gloves and all, not afraid of being professionally
curious. Curiosity was the order of the day:
everybody present of any intelligent perception wanted
to know what the presence of Cotherstone, one of the
two men accused of the murder of Stoner, signified.
But it was some little time before any curiosity was
satisfied. The inquest being an adjourned one,
most of the available evidence had to be taken, and
as a coroner has a wide field in the calling of witnesses,
there was more evidence produced before him and his
jury than before the magistrates. There was Myler,
of course, and old Pursey, and the sweethearting couple:
there were other witnesses, railway folks, medical
experts, and townspeople who could contribute some
small quota of testimony. But all these were forgotten
when at last Cotherstone, having been duly warned by
the coroner that he need not give any evidence at
all, determinedly entered the witness-box to
swear on oath that he was witness to his partner’s
crime.
Nothing could shake Cotherstone’s
evidence. He told a plain, straightforward story
from first to last. He had no knowledge whatever
of Stoner’s having found out the secret of the
Wilchester affair. He knew nothing of Stoner’s
having gone over to Darlington. On the Sunday
he himself had gone up the moors for a quiet stroll.
At the spinney overhanging Hobwick Quarry he had seen
Mallalieu and Stoner, and had at once noticed that
something in the shape of a quarrel was afoot.
He saw Mallalieu strike heavily at Stoner with his
oak stick saw Mallalieu, in a sudden passion,
kick the stick over the edge of the quarry, watched
him go down into the quarry and eventually leave it.
He told how he himself had gone after the stick, recovered
it, taken it home, and had eventually told the police
where it was. He had never spoken to Mallalieu
on that Sunday never seen him except under
the circumstances just detailed.
The astute barrister who represented
Cotherstone had not troubled the Coroner and his jury
much by asking questions of the various witnesses.
But he had quietly elicited from all the medical men
the definite opinion that death had been caused by
the blow. And when Cotherstone’s evidence
was over, the barrister insisted on recalling the two
sweethearts, and he got out of them, separately (each
being excluded from the court while the other gave
evidence), that they had not seen Mallalieu and Cotherstone
together, that Mallalieu had left the quarry some
time before they saw Cotherstone, and that when Mallalieu
passed them he seemed to be agitated and was muttering
to himself, whereas in Cotherstone’s manner
they noticed nothing remarkable.
Brereton, watching the faces of the
jurymen, all tradesmen of the town, serious and anxious,
saw the effect which Cotherstone’s evidence and
the further admissions of the two sweethearts was
having. And neither he nor Tallington and
certainly not Mr. Christopher Pett was surprised
when, in the gathering dusk of the afternoon, the
inquest came to an end with a verdict of Wilful
Murder against Anthony Mallalieu.
“Your client is doing very well,”
observed Tallington to the Norcaster solicitor as
they foregathered in an ante-room.
“My client will be still better
when he comes before your bench again,” drily
answered the other. “As you’ll see!”
“So that’s the line you’re
taking?” said Tallington quietly. “A
good one for him.”
“Every man for himself,”
remarked the Norcaster practitioner. “We’re
not concerned with Mallalieu we’re
concerned about ourselves. See you when Cotherstone’s
brought before your worthies next Tuesday. And a
word in your ear! it won’t be a long
job, then.”
Long job or short job, the Highmarket
Town Hall was packed to the doors when Cotherstone,
after his week’s detention, was again placed
in the dock. This time, he stood there alone and
he looked around him with confidence and with not
a few signs that he felt a sense of coming triumph.
He listened with a quiet smile while the prosecuting
counsel sent down specially from London
to take charge discussed with the magistrates
the matter of Mallalieu’s escape, and he showed
more interest when he heard some police information
as to how that escape had been effected, and that
up to then not a word had been heard and no trace
found of the fugitive. And after that, as the
prosecuting counsel bent over to exchange a whispered
word with the magistrates’ clerk, Cotherstone
deliberately turned, and seeking out the place where
Bent and Brereton sat together, favoured them with
a peculiar glance. It was the glance of a man
who wished to say “I told you! now
you’ll see whether I was right!”
“We’re going to hear something now!”
whispered Brereton.
The prosecuting counsel straightened
himself and looked at the magistrates. There
was a momentary hesitation on his part; a look of
expectancy on the faces of the men on the bench; a
deep silence in the crowded court. The few words
that came from the counsel were sharp and decisive.
“There will be no further evidence
against the prisoner now in the dock, your worships,”
he said. “The prosecution decides to withdraw
the charge.”
In the buzz of excitement which followed
the voice of the old chairman was scarcely audible
as he glanced at Cotherstone.
“You are discharged,” he said abruptly.
Cotherstone turned and left the dock.
And for the second time he looked at Bent and Brereton
in the same peculiar, searching way. Then, amidst
a dead silence, he walked out of the court.