The Eye of Osiris by R. Austin Freeman (i like reading books txt) 📕

"Is there sufficient room behind it for a man to conceal himself?"

Miss Dobbs was amused and did not dissemble. "Oh, yes," she sniggered, "there's plenty of room for a man to hide behind it."

"When you searched the drawing-room, did you look behind the piano?"

"No, I didn't," Miss Dobbs replied scornfully.

"Did you look under the sofa?"

"Certainly not!"

"What did you do then?"

"We opened the door and looked into the room. We were not looking for a cat or a monkey; we were looking for a middle-aged gentleman."

"And am I to take it that your search over the rest of the house was conducted in a similar manner?"

"Certainly. We looked into the rooms, but we did not search under the beds or in the cupboards."

"Are all the rooms in the house in use as living or sleeping rooms?"

"No; there is one room on the second floor that is used as a store and lumber-room, and one on the first floor that Mr. Hurst uses to store trunks and things that he is not using."

"Did you look in those rooms when you searched the house?"

"No."

"Have you looked in them since?"

"I have been in the lumber-room since, but not in the other. It is always kept locked."

At this point an ominous flattening became apparent in his lordship's eyelids, but these symptoms passed when Mr. Heath sat down and indicated that he had no further questions to ask.

Miss Dobbs once more prepared to step down from the witness box, when
Mr. Loram shot up like a jack-in-the-box.

"You have made certain statements," said he, "concerning the scarab which Mr. Bellingham was accustomed to wear suspended from his watch-guard. You say that he was not wearing it when he came to Mr. Hurst's house on the twenty-third of November, nineteen hundred and two. Are you quite sure of that?"

"Quite sure."

"I must ask you to be very careful in your statement on this point. The question is a highly important one. Do you swear that the scarab was not hanging from his watch-guard?"

"Yes, I do."

"Did you notice the watch-guard particularly?"

"No; not particularly."

"Then what makes you sure that the scarab was not attached to it?"

"It couldn't have been."

"Why could it not?"

"Because if it had been there I should have seen it."

"What kind of watch-guard was Mr. Bellingham wearing?"

"Oh, an ordinary sort of watch-guard."

"I mean was it a chain or a ribbon or a strap?"

"A chain, I think—or perhaps a ribbon—or it might have been a strap."

His lordship flattened his eyelids, but made no further sign and Mr.
Loram continued:

"Did you or did you not notice what kind of watch-guard Mr. Bellingham was wearing?"

"I did not. Why should I? It was no business of mine."

"But yet you are quite sure about the scarab?"

"Yes, quite sure."

"You noticed that, then?"

"No, I didn't. How could I when it wasn't there?"

Mr. Loram paused and looked helplessly at the witness; a suppressed titter arose from the body of the Court, and a faint voice from the bench inquired:

"Are you quite incapable of giving a straightforward answer?"

Miss Dobbs' only reply was to burst into tears; whereupon Mr. Loram abruptly sat down and abandoned his re-examination.

The witness-box vacated by Miss Dobbs was occupied successively by Dr. Norbury, Mr. Hurst and the cloak-room attendant, none of whom contributed any new facts, but merely corroborated the statements made by Mr. Jellicoe and the housemaid. Then came the laborer who discovered the bones at Sidcup, and who repeated the evidence that he had given at the inquest, showing that the remains could not have been lying in the watercress-bed more than two years. Finally Dr. Summers was called, and, after he had given a brief description of the bones that he had examined, was asked by Mr. Loram:

"You have heard the description that Mr. Jellicoe has given of the testator?"

"I have."

"Does that description apply to the person whose remains you examined."

"In a general way it does."

"I must ask you for a direct answer—yes or no. Does it apply?"

"Yes. But I ought to say that my estimate of the height of the deceased is only approximate."

"Quite so. Judging from your examination of those remains and from Mr. Jellicoe's description, might those remains be the remains of the testator, John Bellingham?"

"Yes, they might."

On receiving this admission Mr. Loram sat down, and Mr. Heath immediately rose to cross-examine.

"When you examined these remains, Doctor Summers, did you discover any personal peculiarities which would enable you to identify them as the remains of any one individual rather than any other individual of similar size, age, and proportions?"

"No. I found nothing that would identify the remains as those of any particular individual."

As Mr. Heath asked no further questions, the witness received his dismissal, and Mr. Loram informed the Court that that was his case. The judge bowed somnolently, and then Mr. Heath rose to address the Court on behalf of the respondent. It was not a long speech, nor was it enriched by any displays of florid rhetoric; it concerned itself exclusively with a rebutment of the arguments of the counsel for the petitioner.

Having briefly pointed out that the period of absence was too short to give rise of itself to the presumption of death, Mr. Heath continued:

"The claim therefore rests upon evidence of a positive character. My learned friend asserts that the testator is presumably dead, and it is for him to prove what he has affirmed. Now, has he done this? I submit that he has not. He has argued with great force and ingenuity that the testator, being a bachelor, a solitary man without wife or child, dependant or master, public or private office of duty, or any bond, responsibility, or any other condition limiting his freedom of action, had no reason or inducement for absconding. This is my learned friend's argument, and he has conducted it with so much skill and ingenuity that he has not only succeeded in proving his case; he has proved a great deal too much. For if it is true, as my learned friend so justly argues, that a man thus unfettered by obligations of any kind has no reason for disappearing, is it not even more true that he has no reason for not disappearing? My friend has urged that the testator was at liberty to go where he pleased, when he pleased, and how he pleased; and that therefore there was no need for him to abscond. I reply, if he was at liberty to go away, whither, when, and how he pleased, why do we express surprise that he has made use of his liberty? My learned friend points out that the testator notified nobody of his intention of going away and has acquainted no one with his whereabouts; but, I ask, whom should he have notified? He was responsible to nobody; there was no one dependent upon him; his presence or absence was the concern of nobody but himself. If circumstances suddenly arising made it desirable that he should go abroad, why should he not go? I say there was no reason whatever.

"My learned friend has said that the testator went away leaving his affairs to take care of themselves. Now, gentlemen, I ask you if this can fairly be said of a man whose affairs are, as they have been for many years, in the hands of a highly capable, completely trustworthy agent who is better acquainted with them than the testator himself? Clearly it cannot.

"To conclude this part of the argument: I submit that the circumstances of the so-called disappearance of the testator present nothing out of the ordinary. The testator is a man of ample means, without any responsibilities to fetter his movements, and has been in the constant habit of traveling, often into remote and distant regions. The mere fact that he has been absent somewhat longer than usual affords no ground whatever for the drastic proceeding of presumption of death and taking possession of his property.

"With reference to the human remains which have been mentioned in connection with the case I need say but little. The attempt to connect them with the testator has failed completely. You yourselves have heard Doctor Summers state on oath that they cannot be identified as the remains of any particular person. That would seem to dispose of them effectually. I must remark upon a very singular point that has been raised by the learned counsel for the petitioner, which is this:

"My learned friend points out that these remains were discovered near Eltham and near Woodford and that the testator was last seen alive at one of these two places. This he considers for some reason to be a highly significant fact. But I cannot agree with him. If the testator had been last seen alive at Woodford and the remains had been found at Woodford, or if he had disappeared from Eltham, and the remains had been found at Eltham, that would have had some significance. But he can only have been last seen at one of the places, whereas the remains have been found at both places. Here again my learned friend seems to have proved too much.

"But I need not occupy your time further. I repeat that, in order to justify us in presuming the death of the testator, clear and positive evidence would be necessary. That no such evidence has been brought forward. Accordingly, seeing that the testator may return at any time and is entitled to find his property intact, I shall ask you for a verdict that will secure to him this measure of ordinary justice."

At the conclusion of Mr. Heath's speech the judge, as if awakening from a refreshing nap, opened his eyes; and uncommonly shrewd, intelligent eyes they were when the expressive eyelids were duly tucked up out of the way. He commenced by reading over a part of the will and certain notes—which he appeared to have made in some miraculous fashion with his eyes shut—and then proceeded to review the evidence and the counsels' arguments for the instruction of the jury.

"Before considering the evidence which you have heard, gentlemen," he said, "it will be well for me to say a few words to you on the general aspects of the case which is occupying our attention.

"If a person goes abroad or disappears from his home and his ordinary places of resort and is absent for a long period of time, the presumption of death arises at the expiration of seven years from the date on which he was last heard of. That is to say, that the total disappearance of an individual for seven years constitutes presumptive evidence that the said individual is dead; and the presumption can be set aside only by the production of evidence that he was alive at some time within that period of seven years. But if, on the other hand, it is sought to presume the death of a person who has been absent for a shorter period than seven years, it is necessary to produce such evidence as shall make it highly probable that the said person is dead. Of course, presumption implies supposition as opposed to actual demonstration; but, nevertheless, the evidence in such a case must be of a kind that tends to create a very strong belief that death has occurred; and I need hardly say that the shorter the period of absence, the more convincing must be the evidence.

"In the present case, the testator, John Bellingham, has been absent somewhat under two years. This is a relatively short period, and in itself gives rise to no presumption of death. Nevertheless, death has been presumed in a case where the period of absence was even shorter and the insurance recovered; but here the evidence supporting the belief in the occurrence of death was exceedingly weighty.

"The testator in this case was a shipmaster, and his disappearance was accompanied by the disappearance of the ship and the entire ship's company in the course of a voyage from London to Marseilles. The loss of the ship and her crew was the only reasonable explanation of the disappearance, and, short of