“I saw this man on the ground,” he said firmly. “But my impression is that he was not in this position, exactly.”
“Your impression?” said the Judge.
“My lord, I only saw him for a very short time. I- that is, I…”
“You rode off at once to get help, did you not, Mr. Pettigrew?” said Manktelow.
“Yes, I did,” Pettigrew hoped that his gratitude for the suggestion was not too apparent in his voice. But something apparently had put Mr. Justice Pomeroy on enquiry.
“You didn’t get down to have a look at him first?” he asked incredulously.
“No, my lord, I didn’t.” It was on the tip of his tongue to say frankly that he didn’t because he couldn’t, but something inhibited him. An Englishman will always prefer an imputation on his morals to one on his horsemanship. Who had said that? Dr. Johnson? Surtees? Oscar Wilde? His perplexity must have shown itself on his face, for Manktelow hastened to come to his aid.
“Would it be right to say that you were in a hurry to get assistance as soon as you could?”
“Oh, absolutely.” Pettigrew offered up silent thanks to counsel prepared to put such a leading question and to the judge who allowed it. But his relief was only temporary.
“And then you returned later with help-how much later would you say, Mr. Pettigrew?”
“I’m not sure exactly-perhaps half an hour. Perhaps a little more.”
“Half an hour!” Pomeroy rolled round in his seat to stare at the witness. “I thought you said you were in a hurry?”
“My lord,” said Manktelow, boldly intervening, “I am given to understand that this is a somewhat remote spot. Your lordship will see from the map that the nearest habitation is-”
“It’s within a few yards of a busy main road,” retorted his lordship. “However, if the witness is saying that it took him half an hour to fetch help-That is what you are saying, is it, sir?”
“Yes, my lord.”
“-well, if that is what he says, Mr. Manktelow, I suppose I must accept it, for what it is worth.”
“If your lordship pleases. And when you did return, was there anything there?”
“There was not.”
“The body had gone?”
“Yes.”
At this point, Pettigrew realized why it was that Pomeroy, J. was familiarly known to those who practised before him as Puffkins. For his lordship’s face quite suddenly altered its shape altogether. He took a deep breath and inflated his cheeks until they stood out like the two halves of a round, pink ball. He maintained this attitude for an appreciable time before expelling the air from his lungs in a long sigh that seemed to express better than any words could have done his deep distrust of everything that he had heard from the witness-box.
“And after witnessing this disappearing trick on the part of the corpse,” he asked Pettigrew, “what did you then do?”
It was the question that Pettigrew had been dreading ever since he had entered the witness-box. If it had not been put to him in such an offensive way, and by a man whose facial antics he thought extremely ridiculous, he might have found difficulty in answering it. Now, he felt a sudden surge of anger and contempt, and under the spur of his emotions he said the first thing that came into his head-which happened to be the exact truth.
“I went to bed for two days with a high temperature,” he said, and he contrived to put into his tone exactly what he was feeling.
Puffkins gave him a long, hard look. Then, astonishingly, he smiled.
“I’m not altogether surprised,” he said. “And when you finally got out of bed, you decided that nobody was likely to believe you. That does not surprise me either. After all, I have had some difficulty in believing you myself. But I do believe you, Mr. Pettigrew. Thank you, Mr. Manktelow. Do you cross-examine, Mr. Twentyman?”
Twentyman’s cross-examination was little more than a formality, and Pettigrew escaped thankfully from the box.
“My lord,” said Manktelow, “my next witness is Detective-Inspector Parkinson.”
The Judge looked disappointed. “I hoped it was going to be Mr. Joliffe,” he said.
“My lord, my clients have elected not to call him. They were conscious of the probability that Mr. Joliffe might object to answering questions tending to incriminate himself-”
Mr. Justice Pomeroy, who was something of an antiquarian, murmured something about exhibiting a pardon under the Great Seal.
“I think that I shall be in a position to satisfy your lordship without recourse to that. The police officer in the course of his investigations has taken a statement in writing from Mr. Joliffe-”
“I shan’t admit it. Why should I? It’s only secondary evidence at the best, and the man who made the statement is actually in court.”
“None the less, if your lordship will be good enough to hear the officer, I think that those parts of his evidence which are plainly admissible will make it abundantly clear-”
By this time the hapless Parkinson, waiting to take the oath, had become horribly nervous. He was used to holding his local Petty Sessions in the hollow of his hand; Recorders and even Judges of Assize he could confront with assurance; but the mysterious proceedings of the High Court of Chancery filled him with alarm. The first ten minutes of his evidence, therefore, punctuated as they were by caustic comments from the Bench and by two or three successful objections from Twentyman, were thoroughly unhappy. But after that things improved. Pomeroy began to be impressed by the story that Parkinson had to tell, and when the officer produced a highly technical report from the Forensic Science Laboratory, with accompanying exhibits, he was completely captivated. It is not every day that a Judge of the Chancery Division finds himself plunged into the hurly-burly of police work, and Puffkins forgot even the refined delights of the base fee in contemplation of detection in real life.
“Fascinating, fascinating!” he murmured, toying with a magnifying glass. “Let me see that I have this right, Inspector. The contents of envelope ‘A’ are fragments of sawdust from the cold store of Mr. Joliffe’s butcher’s shop; the contents of envelope ‘B’, dust and other material from the floor of Mr. Joliffe’s van; the contents of envelope ‘C consists of material taken from the deceased’s jacket, consisting partly of sawdust identical with exhibit ‘A’, partly of dust identical with exhibit ‘B’. ‘A’, ‘B’ and ‘C’ alike are impregnated with blood, which, on analysis, proves to be animal, but not human.”
“Quite right, my lord.”
“Good! Now let me see if I appreciate the significance of the button. That was found at Satcherley Way, I think you said?”
“About half a mile to the west of Satcherley Way, my lord. On the edge of the road.”
“A button identical with those on the deceased’s clothing. Your theory is that the deceased met his death at that spot. How, by the way?”
“I’m not in a position to say, my lord.”
“Pity. Never mind, that is a side issue. Having died there, he was taken to the cold store, via Bolter’s Tussock. Curious, that. Why stop half-way?”
“Mr. Joliffe’s statement, my lord-”
“Tut, tut! I can’t have that. If you can’t answer the question, you can’t answer it. Now can you answer this one? Granted that you can prove that the body was in the van and in the cold store, how do you prove that it was there before Sunday, when Mr. Gilbert Gorman died?”
“The butcher’s premises were shut from the close of business on Saturday until Tuesday morning, my lord. If the body didn’t get in there by Saturday evening, it didn’t get there at all.”
Mr. Justice Pomeroy nodded. Then he looked at the clock. A tidy-minded man, he disliked leaving the fag-end of a case to be finished on the second day. At the same time, he disliked sitting beyond his accustomed time.
“Well, Mr. Twentyman?” he said.
“If your lordship will allow me one moment,” said Twentyman.