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upstairs shortly afterwards determined to pack his bag and leave the place as soon as possible. As he was about to enter his room he saw Peggy appear at the end of the passage. She looked at him with a timid, wistful smile, and made a step towards him, as though she would speak to him. Colwyn pretended not to see her, and hurried into his room and shut the door. How could he tell her what she had so innocently done in recalling him to the inn? How inform her what the cost of saving her lover would be to her? Somebody else must break the news to her, when it came to that. He packed his things quickly, anxious only to leave a place which had grown repugnant to him, and to drop the dissimulation which had become hateful. Never had he so acutely realised how little a man is master of his actions when entangled in the strange current of Destiny which men label Chance.

When he emerged from the room with his bag, Peggy was no longer visible. The innkeeper was standing in the passage as he went downstairs, and Colwyn nodded to him as he passed. He breathed easier in the fresh morning air, and set out briskly for the station.

He reached Heathfield an hour later, and found he had nearly half an hour to wait for his train. The first ten minutes of that time he utilised despatching two telegrams. One was to the chief constable of Norfolk, at Norwich, and the other to Mr. Oakham, in London. In the latter telegram he indicated that fresh discoveries had come to light in Penreath's case, and he asked the solicitor to go as soon as possible to Norwich where he would await him at his hotel.[Pg 265]

CHAPTER XXII

Colwyn reached Durrington by midday, and proceeded to the hotel for his letters and lunch. After a cold meal served by a shivering waiter in the chilly dining room he went to the garage where he had left his car, and set out for Norwich. He arrived at the cathedral city late in the afternoon, and drove to the hotel where Mr. Oakham had stayed. While engaging a room, he told the clerk that he expected Mr. Oakham from London, and asked to be informed immediately he arrived. After making these arrangements the detective left the hotel and went to the city library, where he spent the next couple of hours making notes from legal statutes and the Criminal Appeal Act.

When he returned to the hotel for dinner the clerk informed him that Mr. Oakham had arrived a short time previously, and had requested that Mr. Colwyn would join him at dinner. Colwyn proceeded to the dining-room, and saw Mr. Oakham dining in solitary state at a large table, reading a London evening newspaper between the courses. He looked up as Colwyn approached, and rose and shook hands.

"This is an unexpected pleasure," said the detective. "I hardly thought you would get here before the morning."

"I had arranged to visit Norwich to-morrow, but in view of the urgent nature of your telegram I decided to catch the afternoon train instead," replied the solicitor. "Will you dine with me, Mr. Colwyn, and we can talk business afterwards."[Pg 266]

Colwyn complied, and when the meal was finished, Mr. Oakham turned to him with an eagerness which he did not attempt to conceal, and said:

"Now for your news, Mr. Colwyn. But, first, where shall we talk?"

"As well here as anywhere. There is nobody within hearing."

The solicitor followed his glance round the almost empty dining-room, and nodded acquiescence. Drawing his chair a little nearer the detective, he begged him to begin.

"I have not very much to tell youβ€”at present. But since the conviction of your client, James Ronald Penreath, I have been back to the inn where the murder was committed, and I have discovered fresh evidence which strengthens considerably my original belief that Penreath is an innocent man. But I have reached a stage in my investigations when I need your assistance in completing my task before I go to the authorities with my discoveries. It is hardly necessary for me to tell a man of your experience that it is one of the most difficult things in the world to upset a jury's verdict in a case of murder."

"What have you discovered?"

"This, for one thing." Colwyn produced the pocket-book, and displayed the contents on the table. "This is the murdered man's pocket-book, containing the missing notes which Penreath is supposed to have murdered him for. The prosecution dropped the charge of robbery, but the theft formed an important part of the Crown theory of the crime, as establishing motive."

"Where did you find this pocket-book?"

"Suspended by a piece of cord, half way down the pit where the body was flung."

"It's an interesting discovery," replied Mr. Oakham[Pg 267] thoughtfully tapping his nose with his gold-rimmed eye-glasses as he stared at the black pocket-book on the white tablecloth. "Speaking personally, it is proof of what I have thought all along, that a Penreath of Twelvetrees would not commit a robbery. Therefore, on that line of reasoning, one could argue that as Penreath did not commit the robbery, and the Crown hold that the murder was committed for the money, Penreath must be innocent. But the Crown is more likely to hold that as Penreath threw the body in the pit, he concealed the money there afterwards, and was hiding in the wood to recover it when he was arrested. The real point is, Mr. Colwyn, can you prove that it was not Mr. Penreath who placed the money in the pit?"

"I believe I can prove, at all events, that it was not Penreath who threw the body into the pit."

"You can! Then who was it?"

"I am not prepared to answer that question at the moment. During my visit to the inn I made a number of other discoveries besides that of the pocket-book, which, though slight in themselves, all fit in with my present theory of the murder. But before disclosing them, I want to complete my investigations by testing my theory to the uttermost. It is just possible that I may be wrong, though I do not think so. When I have taken the additional step which completes my investigations, I will go to the chief constable, reconstruct the crime for him as I see it now, and ask him to take action."

"Then why have you sent for me?"

"To help me to complete my task. Part of my theory is that Penreath is deliberately keeping silent to shield some one else. The solicitor of a convicted man has access to him even when he is condemned to death. I want you to take me with you to see Penreath."[Pg 268]

"For what purpose?"

"In order to get him to speak."

"It would be quite useless." The lawyer spoke in some agitation. "I have seen him twice since the verdict, and implored him to speak if he has anything to say, but he declared that he had nothing to say."

"Nevertheless, I shall succeed where you have failed. Penreath is an innocent man."

"Then why does he not speak out, even nowβ€”more so now than ever?"

"He has his reasons, and they seem sufficient to him to keep him silent even under the shadow of the gallows."

"And why do you think he will confide them to you, when he refuses to divulge them to his professional adviser?"

"He will not willingly reveal them to me. My hope of getting his story depends entirely upon my success in springing a surprise upon him. That is one of my reasons for not telling you more just now. The mere fact that you knew would hamper my handling a difficult situation. The slightest involuntary gesture or look might put him on his guard, and the opportunity would be lost. It is not absolutely essential that I should gain Penreath's statement before going to the police, but if his statement coincides with my theory of the crime it will strengthen my case considerably when I reconstruct the crime for the police."

"Your way of doing business strikes me as strange, Mr. Colwyn," said the solicitor stiffly. "As Mr. Penreath's professional adviser, surely I am entitled to your fullest confidence. You are asking me to behave in a very unprofessional way, and take a leap in the dark. There are proper ways of doing things. I will be frank with you. I have come to Norwich in order to urge Penreath[Pg 269] for the last time to permit me to lodge an appeal against his conviction. That interview has been arranged to take place in the morning."

"Has he previously refused to appeal?"

"He hasβ€”twice."

"May I ask on what grounds you are seeking permission to appeal?"

"If he consents, my application to the Registrar would be made under Section Four of the Criminal Appeal Act," was the cautious reply.

"That means you are persisting in your original defenceβ€”that Penreath is guilty, but insane. Therefore your application for leave to appeal against the sentence on the ground of insanity only enables you to appeal to the Court to quash the sentence on the ground that Penreath is irresponsible for his acts. Even if you succeed in

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