The Silver Box

ACT III

Eight days have passed, and the scene is a London Police Court at one o'clock. A canopied seat of Justice is surmounted by the lion and unicorn. Before the fire a worn-looking MAGISTRATE is warming his coat-tails, and staring at two little girls in faded blue and orange rags, who are placed before the dock. Close to the witness-box is a RELIEVING OFFICER in an overcoat, and a short brown beard. Beside the little girls stands a bald POLICE CONSTABLE. On the front bench are sitting BARTHWICK and ROPER, and behind them JACK. In the railed enclosure are seedy-looking men and women. Some prosperous constables sit or stand about.

MAGISTRATE. [In his paternal and ferocious voice, hissing his s's.] Now let us dispose of these young ladies.

USHER. Theresa Livens, Maud Livens.

[The bald CONSTABLE indicates the little girls, who remain silent, disillusioned, inattentive.]

Relieving Officer!

[The RELIEVING OFFICER Steps into the witness-box.]

USHER. The evidence you give to the Court shall be the truth, the whole truth, and nothing but the truth, so help you God! Kiss the book!

[The book is kissed.]

RELIEVING OFFICER. [In a monotone, pausing slightly at each sentence end, that his evidence may be inscribed.] About ten o'clock this morning, your Worship, I found these two little girls in Blue Street, Fulham, crying outside a public-house. Asked where their home was, they said they had no home. Mother had gone away. Asked about their father. Their father had no work. Asked where they slept last night. At their aunt's. I 've made inquiries, your Worship. The wife has broken up the home and gone on the streets. The husband is out of work and living in common lodging-houses. The husband's sister has eight children of her own, and says she can't afford to keep these little girls any longer.

MAGISTRATE. [Returning to his seat beneath the canopy of justice.] Now, let me see. You say the mother is on the streets; what evidence have you of that?

RELIEVING OFFICER. I have the husband here, your Worship.

MAGISTRATE. Very well; then let us see him.

[There are cries of "LIVENS." The MAGISTRATE leans forward, and stares with hard compassion at the little girls. LIVENS comes in. He is quiet, with grizzled hair, and a muffler for a collar. He stands beside the witness-box.]

And you, are their father? Now, why don't you keep your little girls at home. How is it you leave them to wander about the streets like this?

LIVENS. I've got no home, your Worship. I'm living from 'and to mouth. I 've got no work; and nothin' to keep them on.

MAGISTRATE. How is that?

LIVENS. [Ashamedly.] My wife, she broke my 'ome up, and pawned the things.

MAGISTRATE. But what made you let her?

LEVINS. Your Worship, I'd no chance to stop 'er, she did it when I was out lookin' for work.

MAGISTRATE. Did you ill-treat her?

LIVENS. [Emphatically.] I never raised my 'and to her in my life, your Worship.

MAGISTRATE. Then what was it – did she drink?

LIVENS. Yes, your Worship.

MAGISTRATE. Was she loose in her behaviour?

LIVENS. [In a low voice.] Yes, your Worship.

MAGISTRATE. And where is she now?

LIVENS. I don't know your Worship. She went off with a man, and after that I —

MAGISTRATE. Yes, yes. Who knows anything of her? [To the bald CONSTABLE.] Is she known here?

RELIEVING OFFICER. Not in this district, your Worship; but I have ascertained that she is well known —

MAGISTRATE. Yes – yes; we'll stop at that. Now [To the Father] you say that she has broken up your home, and left these little girls. What provision can you make for them? You look a strong man.

LIVENS. So I am, your Worship. I'm willin' enough to work, but for the life of me I can't get anything to do.

MAGISTRATE. But have you tried?

LIVENS. I've tried everything, your Worship – I 've tried my 'ardest.

MAGISTRATE. Well, well – [There is a silence.]

RELIEVING OFFICER. If your Worship thinks it's a case, my people are willing to take them.

MAGISTRATE. Yes, yes, I know; but I've no evidence that this man is not the proper guardian for his children.

[He rises oval goes back to the fire.]

RELIEVING OFFICER. The mother, your Worship, is able to get access to them.

MAGISTRATE. Yes, yes; the mother, of course, is an improper person to have anything to do with them. [To the Father.] Well, now what do you say?

LIVENS. Your Worship, I can only say that if I could get work I should be only too willing to provide for them. But what can I do, your Worship? Here I am obliged to live from 'and to mouth in these 'ere common lodging-houses. I 'm a strong man – I'm willing to work – I'm half as alive again as some of 'em – but you see, your Worship, my 'airs' turned a bit, owing to the fever – [Touches his hair] – and that's against me; and I don't seem to get a chance anyhow.

MAGISTRATE. Yes-yes. [Slowly.] Well, I think it 's a case. [Staring his hardest at the little girls.] Now, are you willing that these little girls should be sent to a home.

LIVENS. Yes, your Worship, I should be very willing.

MAGISTRATE. Well, I'll remand them for a week. Bring them again to-day week; if I see no reason against it then, I 'll make an order.

RELIEVING OFFICER. To-day week, your Worship.

[The bald CONSTABLE takes the little girls out by the shoulders. The father follows them. The MAGISTRATE, returning to his seat, bends over and talks to his CLERK inaudibly.]

BARTHWICK. [Speaking behind his hand.] A painful case, Roper; very distressing state of things.

ROPER. Hundreds like this in the Police Courts.

BARTHWICK. Most distressing! The more I see of it, the more important this question of the condition of the people seems to become. I shall certainly make a point of taking up the cudgels in the House. I shall move —

[The MAGISTRATE ceases talking to his CLERK.]

CLERK. Remands!

[BARTHWICK stops abruptly. There is a stir and MRS. JONES comes in by the public door; JONES, ushered by policemen, comes from the prisoner's door. They file into the dock.]

CLERK. James Jones, Jane Jones.

USHER. Jane Jones!

BARTHWICK. [In a whisper.] The purse – the purse must be kept out of it, Roper. Whatever happens you must keep that out of the papers.

[ROPER nods.]

BALD CONSTABLE. Hush!

[MRS. JONES, dressed in hey thin, black, wispy dress, and black straw hat, stands motionless with hands crossed on the front rail of the dock. JONES leans against the back rail of the dock, and keeps half turning, glancing defiantly about him. He is haggard and unshaven.]

CLERK. [Consulting with his papers.] This is the case remanded from last Wednesday, Sir. Theft of a silver cigarette-box and assault on the police; the two charges were taken together. Jane Jones! James Jones!

MAGISTRATE. [Staring.] Yes, yes; I remember.

CLERK. Jane Jones.

MRS. JONES. Yes, Sir.

CLERK. Do you admit stealing a silver cigarette-box valued at five pounds, ten shillings, from the house of John BARTHWICK, M.P., between the hours of 11 p.m. on Easter Monday and 8.45 a.m. on Easter Tuesday last? Yes, or no?

MRS. JONES. [In a logy voice.] No, Sir, I do not, sir.

CLERK. James Jones? Do you admit stealing a silver cigarette-box valued at five pounds, ten shillings, from the house of John BARTHWICK, M.P., between the hours of 11 p.m. on Easter Monday and 8.45 A.M. on Easter Tuesday last. And further making an assault on the police when in the execution of their duty at 3 p.m. on Easter Tuesday? Yes or no?

JONES. [Sullenly.] Yes, but I've got a lot to say about it.

MAGISTRATE. [To the CLERK.] Yes – yes. But how comes it that these two people are charged with the same offence? Are they husband and wife?

CLERK. Yes, Sir. You remember you ordered a remand for further evidence as to the story of the male prisoner.

MAGISTRATE. Have they been in custody since?

CLERK. You released the woman on her own recognisances, sir.

MAGISTRATE. Yes, yes, this is the case of the silver box; I remember now. Well?

CLERK. Thomas Marlow.

[The cry of "THOMAS MARLOW" is repeated MARLOW comes in, and steps into the witness-box.]

USHER. The evidence you give to the court shall be the truth, the whole truth, and nothing but the truth, so help you God. Kiss the book.

[The book is kissed. The silver box is handed up, and placed on the rail.]

CLERK. [Reading from his papers.] Your name is Thomas Marlow? Are you, butler to John BARTHWICK, M.P., of 6, Rockingham Gate?

MARLOW. Yes, Sir.

CLERK. Is that the box?

MARLOW. Yes Sir.

CLERK. And did you miss the same at 8.45 on the following morning, on going to remove the tray?

MARLOW. Yes, Sir.

CLERK. Is the female prisoner known to you?

[MARLOW nods.]

Is she the charwoman employed at 6, Rockingham Gate?

[Again MARLOW nods.]

Did you at the time of your missing the box find her in the room alone?

MARLOW. Yes, Sir.

CLERK. Did you afterwards communicate the loss to your employer, and did he send you to the police station?

MARLOW. Yes, Sir.

CLERK. [To MRS. JONES.] Have you anything to ask him?

MRS. JONES. No, sir, nothing, thank you, sir.

CLERK. [To JONES.] James Jones, have you anything to ask this witness?

JONES. I don't know 'im.

MAGISTRATE. Are you sure you put the box in the place you say at the time you say?

MARLOW. Yes, your Worship.

MAGISTRATE. Very well; then now let us have the officer.

[MARLOW leaves the box, and Snow goes into it.]

USHER. The evidence you give to the court shall be the truth, the whole truth, and nothing but the truth, so help you God. [The book is kissed.]

CLERK. [Reading from his papers.] Your name is Robert Allow? You are a detective in the X. B. division of the Metropolitan police force? According to instructions received did you on Easter Tuesday last proceed to the prisoner's lodgings at 34, Merthyr Street, St. Soames's? And did you on entering see the box produced, lying on the table?

SNOW. Yes, Sir.

CLERK. Is that the box?

Snow. [Fingering the box.] Yes, Sir.

CLERK. And did you thereupon take possession of it, and charge the female prisoner with theft of the box from 6, Rockingham Gate? And did she deny the same?

SNOW. Yes, Sir.

CLERK. Did you take her into custody?

Snow. Yes, Sir.

MAGISTRATE. What was her behaviour?

SNOW. Perfectly quiet, your Worship. She persisted in the denial. That's all.

MAGISTRATE. DO you know her?

SNOW. No, your Worship.

MAGISTRATE. Is she known here?

BALD CONSTABLE. No, your Worship, they're neither of them known, we 've nothing against them at all.

CLERK. [To MRS. JONES.] Have you anything to ask the officer?

MRS. JONES. No, sir, thank you, I 've nothing to ask him.

MAGISTRATE. Very well then – go on.

CLERK. [Reading from his papers.] And while you were taking the female prisoner did the male prisoner interpose, and endeavour to hinder you in the execution of your duty, and did he strike you a blow?

SNOW. Yes, Sir.

CLERK. And did he say, "You, let her go, I took the box myself"?

SNOW. He did.

CLERK. And did you blow your whistle and obtain the assistance of another constable, and take him into custody?

SNOW. I did.

CLERK. Was he violent on the way to the station, and did he use bad language, and did he several times repeat that he had taken the box himself?

[Snow nods.]

Did you thereupon ask him in what manner he had stolen the box? And did you understand him to say he had entered the house at the invitation of young Mr. BARTHWICK

[BARTHWICK, turning in his seat, frowns at ROPER.]

after midnight on Easter Monday, and partaken of whisky, and that under the influence of the whisky he had taken the box?

SNOW. I did, sir.

CLERK. And was his demeanour throughout very violent?

SNOW. It was very violent.

JONES. [Breaking in.] Violent – of course it was! You put your 'ands on my wife when I kept tellin' you I took the thing myself.

MAGISTRATE. [Hissing, with protruded neck.] Now – you will have your chance of saying what you want to say presently. Have you anything to ask the officer?

JONES. [Sullenly.] No.

MAGISTRATE. Very well then. Now let us hear what the female prisoner has to say first.

MRS. JONES. Well, your Worship, of course I can only say what I 've said all along, that I did n't take the box.

MAGISTRATE. Yes, but did you know that it was taken?

MRS. JONES. No, your Worship. And, of course, to what my husband says, your Worship, I can't speak of my own knowledge. Of course, I know that he came home very late on the Monday night. It was past one o'clock when he came in, and he was not himself at all.

MAGISTRATE. Had he been drinking?

MRS. JONES. Yes, your Worship.

MAGISTRATE. And was he drunk?

MRS. JONES. Yes, your Worship, he was almost quite drunk.

MAGISTRATE. And did he say anything to you?

MRS. JONES. No, your Worship, only to call me names. And of course in the morning when I got up and went to work he was asleep. And I don't know anything more about it until I came home again. Except that Mr. BARTHWICK – that 's my employer, your Worship – told me the box was missing.

MAGISTRATE. Yes, yes.

MRS. JONES. But of course when I was shaking out my husband's coat the cigarette-box fell out and all the cigarettes were scattered on the bed.

MAGISTRATE. You say all the cigarettes were scattered on the bed? [To SNOW.] Did you see the cigarettes scattered on the bed?

SNOW. No, your Worship, I did not.

MAGISTRATE. You see he says he did n't see them.

JONES. Well, they were there for all that.

SNOW. I can't say, your Worship, that I had the opportunity of going round the room; I had all my work cut out with the male prisoner.

MAGISTRATE. [To MRS. JONES.] Well, what more have you to say?

MRS. JONES. Of course when I saw the box, your Worship, I was dreadfully upset, and I could n't think why he had done such a thing; when the officer came we were having words about it, because it is ruin to me, your Worship, in my profession, and I have three little children dependent on me.

MAGISTRATE. [Protruding his neck]. Yes – yes – but what did he say to you?

MRS. JONES. I asked him whatever came over him to do such a thing – and he said it was the drink. He said he had had too much to drink, and something came over him. And of course, your Worship, he had had very little to eat all day, and the drink does go to the head when you have not had enough to eat. Your Worship may not know, but it is the truth. And I would like to say that all through his married life, I have never known him to do such a thing before, though we have passed through great hardships and [speaking with soft emphasis] I am quite sure he would not have done it if he had been himself at the time.

MAGISTRATE. Yes, yes. But don't you know that that is no excuse?

MRS. JONES. Yes, your Worship. I know that it is no excuse.

[The MAGISTRATE leans over and parleys with his CLERK.]

JACK. [Leaning over from his seat behind.] I say, Dad —

BARTHWICK. Tsst! [Sheltering his mouth he speaks to ROPER.] Roper, you had better get up now and say that considering the circumstances and the poverty of the prisoners, we have no wish to proceed any further, and if the magistrate would deal with the case as one of disorder only on the part of —

BALD CONSTABLE. HSSShh!

[ROPER shakes his head.]

MAGISTRATE. Now, supposing what you say and what your husband says is true, what I have to consider is – how did he obtain access to this house, and were you in any way a party to his obtaining access? You are the charwoman employed at the house?

MRS. JONES. Yes, your Worship, and of course if I had let him into the house it would have been very wrong of me; and I have never done such a thing in any of the houses where I have been employed.

MAGISTRATE. Well – so you say. Now let us hear what story the male prisoner makes of it.

JONES. [Who leans with his arms on the dock behind, speaks in a slow, sullen voice.] Wot I say is wot my wife says. I 've never been 'ad up in a police court before, an' I can prove I took it when in liquor. I told her, and she can tell you the same, that I was goin' to throw the thing into the water sooner then 'ave it on my mind.

MAGISTRATE. But how did you get into the HOUSE?

JONES. I was passin'. I was goin' 'ome from the "Goat and Bells."

MAGISTRATE. The "Goat and Bells," – what is that? A public-house?

JONES. Yes, at the corner. It was Bank 'oliday, an' I'd 'ad a drop to drink. I see this young Mr. BARTHWICK tryin' to find the keyhole on the wrong side of the door.

MAGISTRATE. Well?

JONES. [Slowly and with many pauses.] Well – I 'elped 'im to find it – drunk as a lord 'e was. He goes on, an' comes back again, and says, I 've got nothin' for you, 'e says, but come in an' 'ave a drink. So I went in just as you might 'ave done yourself. We 'ad a drink o' whisky just as you might have 'ad, 'nd young Mr. BARTHWICK says to me, "Take a drink 'nd a smoke. Take anything you like, 'e says." And then he went to sleep on the sofa. I 'ad some more whisky – an' I 'ad a smoke – and I 'ad some more whisky – an' I carn't tell yer what 'appened after that.

MAGISTRATE. Do you mean to say that you were so drunk that you can remember nothing?

JACK. [Softly to his father.] I say, that's exactly what —

BARTHWICK. TSSh!

JONES. That's what I do mean.

MAGISTRATE. And yet you say you stole the box?

JONES. I never stole the box. I took it.

MAGISTRATE. [Hissing with protruded neck.] You did not steal it – you took it. Did it belong to you – what is that but stealing?

JONES. I took it.

MAGISTRATE. You took it – you took it away from their house and you took it to your house —

JONES. [Sullenly breaking in.] I ain't got a house.

MAGISTRATE. Very well, let us hear what this young man Mr. – Mr. BARTHWICK has to say to your story.

[SNOW leaves the witness-box. The BALD CONSTABLE beckons JACK, who, clutching his hat, goes into the witness-box. ROPER moves to the table set apart for his profession.]

SWEARING CLERK. The evidence you give to the court shall be the truth, the whole truth, and nothing but the truth, so help you God. Kiss the book.

[The book is kissed.]

ROPER. [Examining.] What is your name?

JACK. [In a low voice.] John BARTHWICK, Junior.

[The CLERK writes it down.]

ROPER. Where do you live?

JACK. At 6, Rockingham Gate.

[All his answers are recorded by the Clerk.]

ROPER. You are the son of the owner?

JACK. [In a very low voice.] Yes.

ROPER. Speak up, please. Do you know the prisoners?

JACK. [Looking at the JONESES, in a low voice.] I 've seen Mrs. Jones. I [in a loud voice] don't know the man.

JONES. Well, I know you!

BALD CONSTABLE. HSSh!

ROPER. Now, did you come in late on the night of Easter Monday?

JACK. Yes.

ROPER. And did you by mistake leave your latch key in the door?

JACK. Yes.

MAGISTRATE. Oh! You left your latch-key in the door?

ROPER. And is that all you can remember about your coming in?

JACK. [In a loud voice.] Yes, it is.

MAGISTRATE. Now, you have heard the male prisoner's story, what do you say to that?

JACK. [Turning to the MAGISTRATE, speaks suddenly in a confident, straight-forward voice.] The fact of the matter is, sir, that I 'd been out to the theatre that night, and had supper afterwards, and I came in late.

MAGISTRATE. Do you remember this man being outside when you came in?

JACK. No, Sir. [He hesitates.] I don't think I do.

MAGISTRATE. [Somewhat puzzled.] Well, did he help you to open the door, as he says? Did any one help you to open the door?

JACK. No, sir – I don't think so, sir – I don't know.

MAGISTRATE. You don't know? But you must know. It is n't a usual thing for you to have the door opened for you, is it?

JACK. [With a shamefaced smile.] No.

MAGISTRATE. Very well, then —

JACK. [Desperately.] The fact of the matter is, sir, I'm afraid I'd had too much champagne that night.

MAGISTRATE. [Smiling.] Oh! you'd had too much champagne?

JONES. May I ask the gentleman a question?

MAGISTRATE. Yes – yes – you may ask him what questions you like.

JONES. Don't you remember you said you was a Liberal, same as your father, and you asked me wot I was?

JACK. [With his hand against his brow.] I seem to remember —