Chapter II. The Case for the Crown

It was years since there had been a promise of such sensation at the Old Bailey, and never, perhaps, was competition keener for the very few seats available in that antique theatre of justice. Nor, indeed, could the most enterprising of modern managers, with the star of all the stages at his beck for the shortest of seasons, have done more to spread the lady's fame, or to excite a passionate curiosity in the public mind, than was done for Rachel Minchin by her official enemies of the Metropolitan Police.

Whether these gentry had their case even more complete than they pretended, when the prisoner was finally committed for trial, or whether the last discoveries were really made in the ensuing fortnight, is now of small account--though the point provided more than one excuse for acrimony on the part of defending counsel during the hearing of the case. It is certain, however, that shortly after the committal it became known that much new evidence was to be forthcoming at the trial; that the case against the prisoner would be found even blacker than before; and that the witnesses were so many in number, and their testimony so entirely circumstantial, that the proceedings were expected to occupy a week.

Sure enough, the case was accorded first place in the November Sessions, with a fair start on a Monday morning toward the latter end of the month. In the purlieus of the mean, historic court, it was a morning not to be forgotten, and only to be compared with those which followed throughout the week. The prisoner's sex, her youth, her high bearing, and the peculiar isolation of her position, without a friend to stand by her in her need, all appealed to the popular imagination, and produced a fascination which was only intensified by the equally general feeling that no one else could have committed the crime. From the judge downward, all connected with the case were pestered for days beforehand with more or less unwarrantable applications for admission. And when the time came, the successful suppliant had to elbow every yard of his way from Newgate Street or Ludgate Hill; to pass three separate barriers held by a suspicious constabulary; to obtain the good offices of the Under Sheriff, through those of his liveried lackeys; and finally to occupy the least space, on the narrowest of seats, in a varnished stall filled with curiously familiar faces, within a few feet of the heavily veiled prisoner in the dock, and not many more from the red-robed judge upon the bench.

The first to take all this trouble on the Monday morning, and the last to escape from the foul air (shot by biting draughts) when the court adjourned, was a white-headed gentleman of striking appearance and stamina to match; for, undeterred by the experience, he was in like manner first and last upon each subsequent day. Behind him came and went the well-known faces, the authors and the actors with a semi-professional interest in the case; but they were not well known to the gentleman with the white head. He heard no more than he could help of their constant whisperings, and, if he knew not at whom he more than once had occasion to turn and frown, he certainly did not look the man to care. He had a well-preserved reddish face, with a small mouth of extraordinary strength, a canine jaw, and singularly noble forehead; but his most obvious distinction was his full head of snowy hair. The only hair upon his face, a pair of bushy eyebrows, was so much darker as to suggest a dye; but the eyes themselves were black as midnight, with a glint of midnight stars, and of such a subtle inscrutability that a certain sweetness of expression came only as the last surprise in a face full of contrast and contradiction.

No one in court had ever seen this man before; no one but the Under Sheriff learnt his name during the week; but by the third day his identity was a subject of discussion, both by the professional students of the human countenance, who sat behind him (balked of their study by the prisoner's veil), and among the various functionaries who had already found him as free with a sovereign as most gentlemen are with a piece of silver. So every day he was ushered with ceremony to the same place, at the inner end of the lowest row; there he would sit watching the prisoner, a trifle nearer her than those beside or behind him; and only once was his attentive serenity broken for an instant by a change of expression due to any development of the case.

It was not when the prisoner pleaded clearly through her veil, in the first breathless minutes of all; it was not a little later, when the urbane counsel for the prosecution, wagging his pince-nez at the jury, thrilled every other hearer with a mellifluous forecast of the new evidence to be laid before them. The missing watch and chain had been found; they would presently be produced, and the jury would have an opportunity of examining them, together with a plan of the chimney of the room in which the murder had been committed; for it was there that they had been discovered upon a second search instituted since the proceedings before the magistrates. The effect of this announcement may be conceived; it was the sensation of the opening day. The whole case of the prosecution rested on the assumption that there had been, on the part of some inmate of the house, who alone (it was held) could have committed the murder, a deliberate attempt to give it the appearance of the work of thieves. Thus far this theory rested on the bare facts that the glass of the broken window had been found outside, instead of within; that no other mark of foot or hand had been made or left by the supposititious burglars; whereas a brace of revolvers had been discovered in the dead man's bureau, both loaded with such bullets as the one which had caused his death, while one of them had clearly been discharged since the last cleaning. The discovery of the missing watch and chain, in the very chimney of the same room, was a piece of ideal evidence of the confirmatory kind. But it was not the point that made an impression on the man with the white hair; it did not increase his attention, for that would have been impossible; he was perhaps the one spectator who was not, if only for the moment, perceptibly thrilled.

Thrilling also was the earlier evidence, furnished by maid-servants and police constables in pairs; but here there was no surprise. The maids were examined not only as to what they had seen and heard on the night of the murder--and they seemed to have heard everything except the fatal shot--but upon the previous relations of their master and mistress--of which they showed an equally extensive knowledge. The constables were perforce confined to their own discoveries and observations when the maids had called them in. But all four witnesses spoke to the prisoner's behavior when shown the dead body of her husband, and there was the utmost unanimity in their several tales. The prisoner had exhibited little or no surprise; it was several minutes before she had uttered a syllable; and then her first words had been to point out that burglars alone could have committed the murder.

In cross-examination the senior counsel for the defence thus early showed his hand; and it was not a strong one to those who knew the game. A Queen's Counsel, like the leader for the Crown, this was an altogether different type of lawyer; a younger man, with a more engaging manner; a more brilliant man, who sought with doubtful wisdom to blind the jury with his brilliance. His method was no innovation at the Old Bailey; it was to hold up every witness in turn to the derision and contempt of the jury and the court. So both the maids were reduced to tears, and each policeman cleverly insulted as such. But the testimony of all four remained unshaken; and the judge himself soothed the young women's feelings with a fatherly word, while wigs were shaken in the well of the court. That was no road to the soft side of a decent, conscientious, hard-headed jury, of much the same class as these witnesses themselves; even the actors and authors had a sound opinion on the point, without waiting to hear one from the professional gentlemen in the well. But the man in front with the very white hair--the man who was always watching the prisoner at the bar--there was about as much expression of opinion upon his firm, bare face as might be seen through the sable thickness of her widow's veil.

It was the same next day, when, for some five hours out of a possible five and a half, the attention of the court was concentrated upon a point of obviously secondary significance. It was suggested by the defence that the watch and chain found up the study chimney were not those worn by the deceased at the time he met his death. The contention was supported by photographs of Alexander Minchin wearing a watch-chain that might or might not be of another pattern altogether; expert opinions were divided on the point; and experts in chains as well as in photography were eventually called by both sides. Interesting in the beginning, the point was raised and raised again, and on subsequent days, until all were weary of the sight of the huge photographic enlargements, which were handed about the court upon each occasion. Even the prisoner would droop in her chair when the "chain photograph" was demanded for the twentieth time by her own unflagging counsel; even the judge became all but inattentive on the point, before it was finally dropped on an intimation from the jury that they had made up their minds about the chains; but no trace of boredom had crossed the keen, alert face of the unknown gentleman with the snowy hair.

So the case was fought for Mrs. Minchin, tooth and nail indeed, yet perhaps with more asperity than conviction, and certainly at times upon points which were hardly worth the fighting. Yet, on the Friday afternoon, when her counsel at last played his masterstroke, and, taking advantage of the then new Act, put the prisoner herself in the witness-box, it was done with the air of a man who is throwing up his case. The truth could be seen at a glance at the clean-cut, handsome, but too expressive profile of the crushing cross-examiner of female witnesses and insolent foe to the police. As it had been possible to predict, from the mere look with which he had risen to his feet, the kind of cross-examination in store for each witness called by the prosecution, so it was obvious now that his own witness had come forward from her own wilful perversity and in direct defiance of his advice.

It was a dismal afternoon, and the witness-box at the Old Bailey is so situated that evidence is given with the back to the light; thus, though her heavy veil was raised at last, and it could be seen that she was very pale, it was not yet that Rachel Minchin afforded a chance to the lightning artists of the half-penny press, or even to the students of physiognomy behind the man with the white hair. This listener did not lean forward an inch; the questions were answered in so clear a voice as to render it unnecessary. Yet it was one of these questions, put by her own counsel, which caused the white-headed man to clap a sudden hand to his ear, and to incline that ear as though the answer could not come without some momentary hesitation or some change of tone. Rachel had told sadly but firmly of her final quarrel with her husband, incidentally, but without embarrassment, revealing its cause. A neighbor was dangerously ill, whom she had been going to nurse that night, when her husband met her at the door and forbade her to do so.

"Was this neighbor a young man?"

"Hardly more than a boy," said Rachel, "and as friendless as ourselves."

"Was your husband jealous of him?"

"I had no idea of it until that night."

"Did you find it out then?"

"I did, indeed!"

"And where had your husband been spending the evening?"

"I had no idea of that either--until he told me he had been watching the house--and why!"

Though the man was dead, she could not rid her voice of its scorn; and presently, with bowed head, she was repeating his last words to her. A cold thrill ran through the court.

"And was that the last time you saw him alive?" inquired counsel, his face lightening in ready apprehension of the thrill, and his assurance coming back to him on the spot, as though it were he who had insisted on putting his client in the box.

But to this there was no immediate answer; for it was here that the white-haired man raised his hand to his ear; and the event was exactly as he seemed to have anticipated.

"Was that the last time you saw your husband alive?" repeated Rachel's counsel, in the winning accents and with the reassuring face that he could assume without an effort at his will.

"It was," said Rachel, after yet another moment's thought.

It was then that the white-headed man dropped his eyes for once; and for once the thin, hard lines of his mouth relaxed in a smile that seemed to epitomize all the evil that was in his face, and to give it forth in one sudden sour quintessence.