The Nine of Hearts

I

A STRANGE DECISION

This morning, at the Central Criminal Court, Mr. Justice Fenmore resumed the trial of Edward Layton for the wilful murder of his wife, Agnes Layton, on the morning of the 26th of March, by the administration of poisonous narcotics in such quantities as to produce death. Extraordinary as was the excitement caused by yesterday's proceedings, the public interest in this mysterious murder was intensified by the strange decision arrived at by the prisoner on this the third day of his trial.

The Attorney-general, Mr. J. Protheroe, Q.C., and Mr. Standing conducted the case on behalf of the Crown.

The widely spread rumor that an episode of a startling character was impending, received confirmation immediately upon the entrance of the prisoner in the dock. He presented a care-worn appearance, and while the usual formalities were in progress, it was observed that he and his counsel (Mr. Bainbridge, Q.C.) were in earnest consultation, and it appeared as if the learned gentleman were endeavoring to overcome some resolution which the prisoner had formed. At the termination of this conversation Mr. Bainbridge, turning to the Bench, said,

"I have to claim your lordship's indulgence for a statement which I find it necessary to make. It is in the remembrance of your lordship that on the first day of this trial the prisoner was undefended, being, as it appeared, resolutely determined to defend himself. Yesterday morning-that is, upon the second day of the trial-I informed your lordship that the prisoner had been prevailed upon by his friends to intrust his defence to me. Being satisfied in my own mind that nothing would occur to disturb this arrangement-which I venture to say was an advisable one-I did not feel called upon to mention that the prisoner's consent to accept legal aid was very reluctantly given. That this was so, however, is proved by what has since transpired. Both in writing and by word of mouth the prisoner now insists upon conducting his own case, and has distinctly informed me that he will not permit me to act for him. I am empowered to say that his decision is not in any sense personal to myself. It is simply, and regrettably, that he has resolved not to be defended or represented by counsel. In these circumstances I have no option but to place myself in your lordship's hands."

Prisoner. "My lord-"

Mr. Justice Fenmore. "Silence. Your counsel will speak for you."

Prisoner. "My lord, I have no counsel. I am defending myself, and no person shall speak for me."

Mr. Justice Fenmore. "Prisoner at the bar, it is my duty to tell you that the decision at which you have arrived is grave and unwise."

Prisoner. "Of that, my lord, I am the best judge."

Mr. Justice Fenmore. "You may not be. It is scarcely necessary for me to point out to you, a man of intelligence and good education, that there are points in every case, and especially in a case so momentous as this, which an unjudicial, or, to speak more correctly, a mind not legally trained, is almost certain to overlook."

Prisoner. "I understand your lordship, and I thank you but if my acquittal of the terrible crime for which I am now being tried is to be brought about by legal technicalities, I shall prefer not to owe my release to those means. I, better than any man here-unless, indeed, the actual murderer be present-know whether I am innocent or guilty, and in the course I have determined to pursue I am acting in what I believe to be my best interests. Your lordship has referred to me as a man of intelligence and good education. These qualifications will sufficiently serve me, but I do not rely upon them alone. I have really had some sort of legal training, and as I assuredly know that I shall conduct my own defence in a manner which will recommend itself to my heart and my conscience, so do I believe that, if I choose to exercise it-and I suppose most men in my position would so choose-I have legal knowledge sufficient for my needs. The learned counsel who has addressed your lordship has put the matter most fairly. My consent that he should defend me was reluctantly given, and I reserved to myself the right to withdraw it. He has mentioned that this withdrawal is not personal to himself. It is true. To him, above all others, would I intrust my defence, were it not that I have cogent and imperative reasons for trusting no man. I shall not displease one so earnest and high-minded as he when I state that he once gave me his friendship, and that I felt honored by it. Your lordship will pardon me for this statement, the admission of which I feel to be unusual in such a case. I have made it only for the purpose of emphasizing his correct view. My lord, I stand upon my rights. I will conduct my own defence."

The trial was then proceeded with.

II

THE EVIDENCE OF JAMES MOORHOUSE, COACHMAN

The first witness called was James Moorhouse, whose examination was looked forward to with great interest, as likely to tell heavily either for or against the prisoner. He is a sturdy man, of middle age, with an expression of intense earnestness in his face, and although he gave his evidence in a perfectly straightforward manner, it was apparent that his sympathies were with the prisoner.

The Attorney general. "Your name is James Moorhouse?"

Witness. "It is, sir."

The Attorney-general. "Were you in the prisoner's employment?"

Witness. "Yes, sir."

The Attorney-general. "In what capacity?"

Witness. "As his coachman."

The Attorney-general. "For how long were you so employed?"

Witness. "For a matter of three years."

The Attorney-general. "Are you a teetotaler?"

Witness. "Yes, sir."

The Attorney-general. "During the three years you worked for the prisoner were you in the habit of driving him out regularly?"

Witness. "Yes, sir pretty nearly every day."

The Attorney-general. "Were you the only coachman on the establishment?"

Witness. "I was, sir."

The Attorney-general. "Being in his employment so long, you are, I suppose, perfectly familiar with his figure?"

Witness. "I am, sir without hearing his voice, I should know him in the dark."

The Attorney-general. "You are sure of that?"

Witness. "Quite sure, sir."

The Attorney-general. "Is your eyesight good?"

Witness. "It is very strong. I can see a longish way."

The Attorney-general. "You have been in the habit of driving the prisoner often at night?"

Witness. "Yes, sir."

The Attorney-general. "And your eyes, therefore, have got trained to his figure, as it were?"

Witness. "Yes, sir."

The Attorney-general. "You have had to look out for him on dark nights from a distance?"

Witness. "I have had to do that, sir."

The Attorney-general. "When the people were coming out of a theatre, for instance?"

Witness. "Yes, sir; and at other places as well."

The Attorney-general. "Therefore, it is not likely you could be mistaken in him?"

Witness. "It is hardly possible, sir."

The Attorney-general. "You remember the night of the 25th of March?"

Witness. "Yes, sir, and the day too."

The Attorney-general. "Why do you include the day in your answer?"

Witness. "Because it was the hardest day's work I have done for many a year."

The Attorney-general. "The hardest day's driving, do you mean?"

Witness. "Yes, sir. I was on the box from eleven o'clock in the morning till an hour past midnight."

The Attorney-general. "Driving your master, the prisoner?"

Witness. "Yes, sir."

The Attorney-general. "And no other person?"

Witness. "Not till evening, sir. It was about-"

The Attorney-general. "We will come to the particulars presently. You were not driving all the time?"

Witness. "No, sir; the horses couldn't have stood it."

The Attorney-general. "Do you mean that there were stoppages?"

Witness. "Yes, sir."

The Attorney-general. "Did the prisoner usually work his horses so hard?"

Witness. "Not at all, sir. He was a good master to man and beast."

The Attorney-general. "Why do you look so frequently at the prisoner?"

Witness. "I can't tell you, sir, except that I shouldn't like to say anything to hurt him."

The Attorney-general. "But you are here to speak the truth."

Witness. "I intend to speak it, sir."

The Attorney-general. "For reasons which you have given, your remembrance of what occurred on the 25th of March is likely to be exceptionally faithful?"

Witness. "For those and other reasons, sir."

The Attorney-general. "Now, commence on the morning of that day. What were your first instructions?"

Witness. "To be ready with the carriage at eleven o'clock."

The Attorney-general. "You were ready?"

Witness. "Yes, sir."

The Attorney-general. "In what way did you fix the time? By guessing?"

Witness. "By my watch, sir-the best time-keeper in London."

The Attorney-general. "At eleven o'clock, then, you were on the box, waiting for your master?"

Witness. "Yes, sir."

The Attorney-general. "He came out to you?"

Witness. "Yes, sir."

The Attorney-general. "Did he tell you immediately where to drive to?"

Witness. "Not immediately, sir. He stood with his hand on the carriage door, and seemed to be considering."

The Attorney-general. "Did he remain long considering?"

Witness. "For three or four minutes, sir-which seemed a longish time."

The Attorney-general. "And then?"

Witness. "Then he told me to drive to Finchley."

The Attorney-general. "What address did he give you?"

Witness. "None in particular, sir. He said, 'Drive to Finchley, on the road to High Barnet. I will tell you when to stop."

The Attorney-general. "Well?"

Witness. "I drove as directed, and when we were about midway between Finchley and High Barnet he called to me to stop."

The Attorney-general. "Were you then at the gate, or in the front of any house?"

Witness. "No, sir. We were on the high-road, and there was no house within twenty yards of us."

The Attorney-general. "Are you familiar with the locality?"

Witness. "No, sir, I am not."

The Attorney-general. "You had never driven your master there before?"

Witness. "Never, sir."

The Attorney-general. "Would you be able to mark the point of stoppage on a map of the road between Finchley and High Barnet?"

Witness. "I will try, sir, but I shouldn't like to be positive."

(A map was here handed to the witness, who, after a careful study of it, made a mark upon it with a pencil.)

The Attorney-general. "You will not swear that this is the exact spot?"

Witness. "No, sir."

The Attorney-general. "But to the best of your knowledge it is?"

Witness. "Yes, sir, to the best of my knowledge."

The Attorney-general. "The prisoner called to you to stop. What then?"

Witness. "I drew up immediately, and he got out."

The Attorney-general. "What were his next instructions?"

Witness. "He told me to wait for him, and to turn the horses' heads."

The Attorney-general. "Towards London?"

Witness. "Yes, sir."

The Attorney-general. "Did he say how long he would be away?"

Witness. "About five or ten minutes, he said."

The Attorney-general. "In point of fact, how long was it before he returned?"

Witness. "Thirty-two minutes by my watch."

The Attorney-general. "You always time yourself?"

Witness. "Yes, sir, always it's a habit."

The Attorney-general. "Did he make any remark upon his return, about his being away longer than he expected?"

Witness. "No, sir. He seemed to be occupied with something."

The Attorney-general. "Occupied in thinking of something?"

Witness. "Yes, sir."

The Attorney-general. "When he left you, in which direction did he go?"

Witness. "He walked on towards High Barnet till he came to a bend in the road. He went round that and I lost sight of him."

The Attorney-general. "Did he return the same way?"

Witness. "No, sir he startled me a bit."

The Attorney-general. "How?"

Witness. "I was looking out for him in the direction he had taken, when I suddenly heard him speak at my elbow."

The Attorney-general. "How do you account for it?"

Witness. "He must have taken a short cut back across some fields. If I had been on my box I might have seen him, but I was standing in the road, and there was a hedge, more than man high, on the side he came back to me."

The Attorney-general. "What did you do when he reappeared?"

Witness. "I prepared to start."

The Attorney-general. "Did he tell you immediately where to drive to?"

Witness. "No, sir. He stood considering, just as he did when we first set out."

The Attorney-general. "And then?"

Witness. "He told me to drive back the way we had come, but not to drive too quickly."

The Attorney-general. "You did so?"

Witness. "Yes, sir."

The Attorney-general. "Where did you next stop?"

Witness. "Midway between Finchley and Crouch End."

The Attorney-general. "At a house?"

Witness. "No, sir; at a part of the road where there were no houses."

The Attorney-general. "He called to you, as before, to stop?"

Witness. "Yes, sir. He got out, and said, 'Moorhouse, meet me here in about an hour or an hour and a quarter.' I said, 'Yes, sir,' and I asked him whether I should bait the horses at an inn we had passed half a mile down the road. He did not answer me, but walked quickly away."

The Attorney-general. "Can you say why he did not answer you?"

Witness. "No, sir, except that he did not hear me."

The Attorney-general. "You spoke distinctly?"

Witness. "Yes, sir."

The Attorney-general. "Have you observed, at any time during your employment, that he was at all deaf?"

Witness. "No, sir; but he seemed, the whole of that day, to have something on his mind which kept him from thinking of anything else, or attending to it."

The Attorney-general. "After he walked quickly away, what did you do?"

Witness. "As I had more than an hour to spare I drove back to the inn I spoke of, and baited my horses, and had a bite of bread-and-cheese myself."

The Attorney-general. "Anything to drink?"

Witness. "A bottle of ginger-beer."

The Attorney-general. "Timing yourself as usual, were you back on the spot you left the prisoner at the end of the hour and a quarter?"

Witness. "To the minute."

The Attorney-general. "Was he waiting for you?"

Witness. "No, sir. I saw nothing of him for another two hours."

The Attorney-general. "Did he return by the road he quitted you?"

Witness. "No, sir. He came back another way."

The Attorney-general. "As before?"

Witness. "Yes, sir, as before."

The Attorney-general. "What time was it then?"

Witness. "Seven o'clock."

The Attorney-general. "Was it getting dark?"

Witness. "It was already dark, sir, and beginning to drizzle."

The Attorney-general. "What were the next instructions?"

Witness. "To drive to the Metropolitan Music Hall, Edgeware Road."

The Attorney-general. "You drove there?"

Witness. "Yes, sir, and my master got out."

The Attorney-general "Saying what?"

Witness. "Moorhouse,' he said, 'I don't know how long I shall remain here. It may be an hour or only a few minutes. Keep near.'"

The Attorney-general. "You obeyed his instructions?"

Witness. "Yes, sir. I kept within hail, and my master came out at half-past nine."

The Attorney-general. "Alone?"

Witness. "No, sir. He was accompanied by a man."

The Attorney-general. "A young or an old man?"

Witness. "I can't say."

The Attorney-general. "But you saw him?"

Witness. "Only his back. They walked away from the carriage."

The Attorney-general. "There is generally something in the gait of a man which, within limits, denotes his age-that is to say, as whether he is young or old? Cannot you be guided by that fact?"

Witness. "No, sir. I paid no particular attention to him. It was my master I was chiefly observing."

The Attorney-general. "You have not the slightest idea as to the age of the man who came out of the Metropolitan Music Hall with the prisoner?"

Witness. "Not the slightest, sir."

The Attorney-general. "Did you observe nothing particular as to his dress? Was there any peculiarity about it?"

Witness. "I observed nothing particular about him. Whatever I might say of the man, paying such little attention to him, wouldn't be worth much."

The Attorney-general. "I recognize that you are giving your evidence in a very fair manner, and if I press you upon any point it is for the purpose of assisting your memory. You recollect that the prisoner on that night wore a coat of a distinct pattern?"

Witness. "Yes, sir. He had on an ulster with a Scotch check, which couldn't be mistaken."

The Attorney-general. "What was it lined with?"

Witness. "With blue cloth."

The Attorney-general. "He wore this ulster when he entered the music hall?"

Witness. "Yes, sir, and when he came out of the music hall."

The Attorney-general. "It is this which makes me think it likely you might have observed some distinguishing mark in the dress of the man who came out with him?"

Witness. "I have nothing in my mind, sir, respecting his dress."

The Attorney-general. "Very well, I will no longer press it. As to his height?"

Witness. "As well as I can remember, he was about the same height as my master."

The Attorney-general. "Did you notice the color of his hair, or whether it was long or short?"

Witness. "No, sir."

The Attorney-general. "If it had been long white hair, you would most likely have noticed it?"

Witness. "In that case, yes, sir."

The Attorney-general. "We may assume, then, that he had not long white hair?"

Witness. "I think I am safe in saying that much."

The Attorney-general. "Or white hair at all?"

Witness. "I shouldn't like to commit myself there, sir. If his hair had been white and short, I don't think it would have struck me."

The Attorney-general. "Did he and the prisoner walk out of sight?"

Witness. "No, sir. They walked to the corner of a street, and stood there talking for a little while-I should say for fifteen or twenty minutes. Then the man went away, down the street, which hid him from me, and my master returned to the carriage."

The Attorney-general. "While they were talking, their backs were still turned to you?"

Witness. "Yes, sir."

The Attorney-general. "Was there anything observable in their manner of conversing? Were they calm? Did they remain perfectly still?"

Witness. "No, sir. My master was calm enough, but his companion appeared to be very excited. My master seemed to be trying to persuade him to do something."

The Attorney-general. "From their attitude, should you have assumed that his arguments prevailed?"

Witness. "I can't possibly say, sir."

The Attorney-general. "Well, then, the man went away and the prisoner returned to you. What were his next directions?"

Witness. "To drive to Bloomsbury Square, and stop where he directed me."

The Attorney-general. "You did so?"

Witness. "Yes, sir. When we reached the square in Queen Street he pulled the check-string, and I stopped there. He got out of the carriage and looked about him."

The Attorney-general. "As if in search of some person?"

Witness. "Yes, sir."

The Attorney-general. "Did he make any remark to you?"

Witness. "He said, 'If you see a young lady in a gray cloak pass by, you can tell her I am in the square.'"

The Attorney-general. "Did he remain with you after that?"

Witness. "No, sir; he walked right round the square. When he came up to me he asked if I had seen a young lady dressed as he had described. I. told him no, I hadn't, and he bade me keep a sharp lookout, and left me again."

The Attorney-general. "To walk round the square again?"

Witness. "Yes, sir. He walked round three or four times, I should say, and every time he came up to me he asked me if I was sure I had not seen the young lady; if I was sure she had not passed me. I gave him the same answer as I did before, and he left me again. He could not have been more than half-way round when I saw a lady in a gray cloak coming my way. She was walking hurriedly, and looking about her. I advanced to speak to her, but she started back the moment I made a step towards her, and ran to the other side of the road, and crossed into the square at a distance from me. I should have gone up to her had I not been afraid to leave my horses; but seeing that she began to walk round the square in the opposite direction my master had taken, I was satisfied that they must meet."

The Attorney-general. "In point of fact, did they meet? Relate what you saw that bears upon it."

Witness. "A little while afterwards I saw them together, talking to each other. They did not walk on the pavement close to the houses, but on the other side, close to the railings. I don't know how many times they made the circle of the square, but they must have been away about twenty minutes or so. Then they came up to me together, and my master opened the door of the carriage, and the lady got in. When she was inside, he said to me that there was no occasion for me to mention what I had seen or that he had spoken to me about the lady."

The Attorney-general. "All this time was it raining?"

Witness. "Yes, sir."

The Attorney-general. "Did they have umbrellas?"

Witness. "Neither of them, sir."

The Attorney-general. "They must have got wet?"

Witness. "They couldn't help getting wet."

The Attorney-general. "Did they seem to mind it?"

Witness. "They didn't say anything about it."

The Attorney-general. "While they were walking round the square, did they meet any persons?"

Witness. "A few passed them, and they got out of their way, it seemed to me."

The Attorney-general. "As if they desired to avoid observation?"

Witness. "Yes, sir."

The Attorney-general. "That would be a reasonable construction to put upon the circumstance of their walking, during their conversation, on the least-frequented side of the square, near the railings?"

Witness. "Yes, I think so."

The Attorney-general. "Although the neighborhood is a fairly busy one during the day, are there many people passing through Bloomsbury Square at night?"

Witness. "Not many, I should say."

The Attorney-general. "The square is not very well lighted up?"

Witness. "Not very."

The Attorney-general. "Did you see a policeman while you were waiting?"

Witness. "One, and only once."

The Attorney-general. "Did he speak to you?"

Witness. "No, sir."

The Attorney-general. "He passed on through the square?"

Witness. "Yes, sir."

The Attorney-general. "Reference has been made to an ulster of a peculiar pattern which the prisoner was in the habit of wearing. You said it was an ulster which could not be mistaken. Are you certain of that?"

Witness. "Quite certain."

The Attorney-general. "Is it within your recollection how long the prisoner has worn this ulster?"

Witness. "He had it made last year."

The Attorney-general. "Would you recognize it if you saw it?"

Witness. "Oh yes."

The Attorney-general. "Is this it?" (Ulster produced.)

Witness. "Yes, that is it."

The Attorney-general. "You swear to it?"

Witness. "I do."

The Attorney-general. "You have said that the prisoner came out of his house wearing this ulster. Now, on the occasions you have described, when the prisoner left his carriage and returned to it, was this ulster ever off his back?"

Witness. "He wore it all the time."

The Attorney-general. "You are positive he did not at any time leave you with this ulster on, and return wearing another?"

Witness. "I am positive of it."

The Attorney-general. "After the lady got into the carriage, and the prisoner told you there was no occasion for you to mention what you had seen, or that he had spoken to you about the lady, what did he do?"