The Shrieking Pit Part 28

"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 thoughtfully tapping his nose with his gold-rimmed eye-gla.s.ses 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 s.h.i.+eld 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."

"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 now-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 ent.i.tled 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 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 has-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 defence-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 your appeal he will be kept in gaol as a criminal lunatic. In a word, you intend to persist in a defence which, as I told you before the trial, had very little chance of success. In my opinion it has no more chance of success before the Court of Appeal. You have not sufficient evidence for a successful defence on the grounds of insanity. The judge, in his summing up at the trial, was clearly of the opinion that Sir Henry Durwood was wrong in thinking Penreath insane, and he directed the jury accordingly.

"In my opinion the judge was right. I do not think Penreath is insane, or even subject to fits of impulsive insanity. If you ask my opinion, I think he is still suffering from the effects of sh.e.l.l shock, and, like many other brave men who have been similarly affected, he endeavoured to conceal the fact. I have come to the conclusion that Penreath's peculiar conduct at the Durrington hotel, on which Sir Henry based his theory of furor epilepticus, was nothing more than the combined effect of mental worry and an air raid shock on a previously shattered nervous system. Penreath is a sane man-as sane as you or I-and my late investigations at the scene of the murder have convinced me that he is an innocent man also. The question is, are you going to allow professional etiquette to stand in the way of proving his innocence?"

"But you have not shown me anything to convince me that he is an innocent man. Your statement comes as a great surprise to me, and you cannot expect that I should credit your bare a.s.sumption. It would be exceedingly difficult to believe without the most convincing proofs, which you have not brought forward. I prepared the case for the defence at the trial, and I only permitted that defence to be put forward because there was no other course-the evidence was so overwhelming, and Penreath's obstinate silence in the face of it pointed so conclusively to his guilt."

"Nevertheless, you were wrong. The question is, are you going to help me undo that wrong?"

"You have not yet proved to me that it is a wrong," quibbled the solicitor.

"Mr. Oakham, let me make this quite clear to you," said the detective sternly. "I have sent for you out of courtesy, because, as I said before, I like to do things in a regular way. As you force me to speak plainly, there is another reason, which is that I did not wish to make you look small, or injure your professional reputation, by acting independently of you. It would be a bad advertis.e.m.e.nt for Oakham and Pendules if it got abroad-as it a.s.suredly will if you persist in your att.i.tude-that an innocent client of yours was almost sent to the gallows through your wrong defence at his trial. It is in your hands to prevent such a scandal from becoming public property. But if you are going to stand on professional etiquette it is just as well you should understand that I am quite prepared to act independently of you. I have sufficient influence to obtain an order from the governor of the gaol for an interview with the condemned man, and I shall do so. I have discovered sufficient additional evidence in this case to save Penreath, and I am going to save him, with or without your a.s.sistance. You have had your way-it was a wrong way. Now I am going to have my way. I only ask you to trust me for a few hours. After I have seen Penreath you are at liberty to accompany me to the chief constable, to whom I shall tell everything. That is my last word."

"I will do as you ask, Mr. Colwyn," replied the solicitor, after a short pause. "Not because I am apprehensive of the consequences, but because you have convinced me that it would be foolish and wrong on my part to place any obstacles in the way of establis.h.i.+ng my client's innocence, even if it is only the smallest chance. You must forgive my hesitation. I am an old man, and your story has been such a shock that I am unable to realise it yet. But I will not stand on punctilio when it is a question of trying to save a Penreath of Twelvetrees from the gallows. I think I can arrange it with the governor of the gaol to permit you to accompany me when I see Penreath in the morning. That interview is to take place at twelve o'clock. We can go together from here to the gaol, if that will suit you."

"That will suit me excellently. And before that interview takes place I should be glad if you would tell me the facts of Penreath's engagement to Miss Willoughby."

"I really know very little about it," said Mr. Oakham, looking somewhat surprised at the question. "I have heard, though, that Penreath met Miss Willoughby in London before the war, and became engaged after a very brief acquaintance. Ill-natured people say that the girl's aunt threw her at Penreath's head. The aunt is a Mrs. Brewer, a wealthy manufacturer's widow, a pus.h.i.+ng n.o.body--"

"I have met her."

"I had forgotten. Well, you know that type of woman, with an itch to get into Society. Perhaps she thought that the marriage of her niece to a Penreath of Twelvetrees would open doors for her. At any rate, I remember there was a great deal of t.i.ttle-tattle at the time to the effect that she manoeuvred desperately hard to bring about the engagement. On the other hand, there can be no harm in stating now that Ronald Penreath's father was almost equally keen on that match for monetary reasons. The Penreaths are far from wealthy. From that point of view the match seemed suitable enough-money on one side, and birth and breeding on the other. I am not sure that there was very much love in the case, or that the young people's feelings were deeply involved on either side. There is no reason why I should not mention these things now, for the match has been broken off. It was broken off shortly after Penreath's arrest."

"By the young lady?"

"By the aunt, in her presence. It happened the day after they went to Heathfield to identify Penreath. Mrs. Brewer was furious about the whole business as soon as she ascertained that it wasn't a mistake, as she had hoped at first, and that there was likely to be much unpleasant publicity over it. She said she would never be able to hold up her head in Society after the disgrace, and all that sort of thing. It all came about through my asking Miss Willoughby if she would like to see her lover while he was awaiting trial. The girl replied, coldly enough, that it would be time enough to see him after he had cleared himself of the dreadful charge hanging over his head. By the way she spoke she seemed to think herself a deeply injured person, as perhaps she was. Then the aunt had her say, and insisted that I must tell Penreath the engagement was broken off. I asked Miss Willoughby if that was her wish also, and she replied that it was. I told Penreath the following day, but I do not think that it worried him very much."

"I do not think it would," replied Colwyn with a smile.

CHAPTER XXIII

Colwyn found Mr. Oakham awaiting him in the hotel lobby, a little before eleven the following morning, to inform him that the necessary arrangements had been made to enable him to be present at his interview with Penreath. Colwyn forbore to ask him on what pretext he had obtained the gaol governor's consent to his presence, but merely signified that he was ready. Mr. Oakham replied that they had better go at once, and asked the porter to call a taxi.

On arriving at the gaol they pa.s.sed through the double entrance gates, Mr. Oakham turned to a door on the left just within the gates, and entered. The door opened into a plainly furnished office, with walls covered with prison regulations. Behind a counter, at a stand-up desk opposite the door, a tall burly man in a uniform of blue and silver was busily writing in a large ledger. Ranged in rows, on hooks alongside him, were bunches of immense keys, and as he turned to attend to Oakham and Colwyn another bunch of similar keys could be seen dangling at his side. Mr. Oakham explained the purpose of their visit, and produced the order for the interview. The functionary in blue and silver, who was the entrance gaoler, perused it attentively, and pushed over two forms for the solicitor and the detective to fill in. It was the last formality that the law insisted on-a grim form of visiting card whereon the visitor inscribes his name and business, which is sent to the condemned man, who must give his consent to the interview before it is granted.

When Mr. Oakham and Colwyn had filled in their forms the entrance gaoler took them and pulled a rope. Somewhere in a corridor a bell clanged, and a moment afterwards a gaoler opened a small door on the other side of the counter. The entrance gaoler gave him the forms, and he disappeared with them. There ensued a long period of waiting, and nearly half an hour elapsed before he reappeared again, accompanied by a warder. The blue and silver functionary silently lifted the flap of the counter, and beckoned Mr. Oakham and Colwyn to accompany the warder through the small door at the other end of the room.

They went through and the bell clanged once more as the door closed behind them. The warder took them along a corridor to a door at the farther end, and ushered them into a room-a large apartment, not unlike a board room, furnished with a table and chairs ranged on each side. It was the governor of the gaol's room, where the interview was to take place. Colwyn took one of the chairs at the table, Mr. Oakham took another, and silently they awaited the coming of the condemned man.

Another quarter of an hour elapsed before the door at the other end of the room opened, and Penreath appeared between two warders. They conducted him to the table, and placed a chair for him. With a quick glance at his visitors he sat down, and the warders seated themselves on each side of him. The warder who had brought the visitors in then nodded to Mr. Oakham, as an indication that the interview might begin.

In the brief glance that the young man cast at his visitors Colwyn observed both calmness of mind and self-possession. Although deep shadows under the eyes and the tenseness of the muscles round the mouth revealed sleepless nights and mental agony, Penreath's face showed no trace of insanity or the guilty consciousness of evil deeds, but had the serene expression of a man who had fought his battle and won it.

Mr. Oakham began the interview with him in a dry professional way, as though it were an interview between solicitor and client in the sanct.i.ty of a private room, with no hearers. And, indeed, the prison warders sitting there with the impa.s.sive faces of officialdom might have been articles of furniture, so remote were they from displaying the slightest interest in the private matters discussed between the two. No doubt they had been present at many similar scenes, and custom is a deadening factor. Mr. Oakham's object was to urge his client to consent to the lodgement of an appeal against the jury's verdict, and to that end he advanced a mult.i.tude of arguments and a variety of reasons. The young man listened patiently, but when the solicitor had concluded he shook his head with a gesture of finality which indicated an unalterable refusal.

"It's no use, Oakham," he said. "My mind is quite made up. I'm obliged to you for all the trouble you have taken in my case, but I cannot alter my decision. I shall go through with it-to the end."

"In that case it is no use my urging you further." Mr. Oakham spoke stiffly, and put his eye-gla.s.ses in his pocket with an air of vexation. "Mr. Colwyn has something to say to you on the subject. Perhaps you will listen to him. He believes he can help you."

"He helped to arrest me," said Penreath, with a slight indifferent look at the detective.

"But not to convict you," said Colwyn. "I had hoped to help you."

"What do you want of me?" Penreath's tone was cold.

"In the first place, I have to say that I believe you innocent."