John Carr - The Judas Window

'Now listen to me, son. The pistol that was found in the accused's pocket - that gun - the gun he's supposed to have taken with him on Saturday night to use on Mr Hume - was actually stolen out of the flat on Friday by Mr Hume himself? Is that right?'

'That's as true as God made little apples,' retorted the witness, leaning out of the box in response to H.M.'s pointed finger.

H.M. sat down.

Grabell might have been an insolent and garrulous witness, but these facts themselves made an enormous impression. We knew, however, that a tussle was coming. The antagonism which sprang up between this witness and Sir Walter Storm was apparent before the Attorney-General had uttered a word. Owing to the Londoner's instinctive awe and reverence before a red robe, which represents a hazy conception of Law-cum-Empire and things deeply rooted, Grabell had shown towards the judge a submissiveness approaching humility. Towards the prosecution he held no such views. They evidently represented to him someone who was merely out to do you down. Grabell must have gone into the box with an eye on them, and ready to bristle. This was not soothed by Sir Walter's - entirely unintentional - lofty stare.

'Ah ... Grabell. You tell us you accepted ten pounds from Mr Hume?'

'Yes.'

'Do you think it was an honourable act for you to accept it?'

'Do you think it was an honourable act for 'im to offer it?'

'Mr Hume's habits are not, I think, in question -'

"Well then, they ought to be. You're trying to hang that poor devil there because of 'em.'

The Attorney-General suddenly must have looked so dangerous that the witness drew back a little. 'Do you know what contempt of court is, Grabell?'

'Yes.'

'In case you do not, my lord may have to make it quite clear to you. To avoid any unpleasant consequences, I must tell you that your business here is to answer my questions - nothing else. Do I make myself understood?'

Grabell, rather pale, looked as though he were straining at a leash; but he jerked his head and made no comment.

'Very well. I am glad you appreciate that.' Sir Walter set his papers in order. T should deduce,' he pursued, with-a sidelong glance at the jury, 'that you are a follower of the doctrines of Karl Marx?'

'Never heard of him.'

'Are you a Communist?'

'That's as may be.'

'Have you not made up your mind? - Did you, or did you not, accept a bribe from Mr Hume?'

'Yes. But I went directly and told Captain Answell afterwards.'

'I see. Your "honour rooted in dishonour stands". Is that what you wish us to believe? Do you wish us to believe that you are all the more trustworthy because you were twice unfaithful to a trust?'

"Ere, what's all this?' cried the witness, staring round.

'You tell us that round about January 3rd you were employed at D'Orsay Chambers, Duke Street. Are you not employed there now?'

'No ... I left.'

'You left: why?'

Silence.

'Were you dismissed?' 'You could call it that, yes.' 'So you were dismissed. Why?' 'Answer the question,' said the judge sharply. 'I didn't get on with the manager, and they were overstaffed.'

'Did the manager give you a reference when you left?' 'No.'

'But if you had left for the reasons you tell us, he must have given you a character, mustn't he?'

Sir Walter Storm had not been prepared for this witness. But, with the knowledge of long experience, he knew exactly where to attack without having any actual information to draw on.

'You tell us that on Friday morning, January 3rd, you were "cleaning out the dustbin" in the prisoner's flat?'

'Yes.'

'How long had Mr Answell and Captain Answell been away?'

"Bout a fortnight, maybe.'

'About a fortnight. Why, then, was it necessary to clean out the dustbin, if they had been away for so long?' 'They might have come back.'

'Yet a moment ago you informed my learned friend that no one was expected back. Did you not?' 'It had to be done sometime.'

'It had not been done by anyone during those entire two weeks?' 'No - that is -'

'I put it to you that the dustbin would have been cleaned when the occupants went away?'

'Yes, but I had to make sure. Look here, your Lordship ...'

'You further tell us,' pursued the Attorney-General, leaning both hands on the desk and settling his shoulders, 'that, when you went in to do this, all the blinds were drawn and you made very little noise?'

'Yes.'

'Are you accustomed to cleaning out the dustbin in darkness?'

'Look 'ere! I never thought of it -'

'Or being careful to make no noise to disturb anyone in an empty flat? I put it to you that - if you actually were in the flat at the time you say - it was for a purpose other than cleaning out the dustbin?'

'It was not.'

'Then you never went into the flat at all?'

'Yes, I did, if you'd let me get in a word edgeways; and what I'm telling you is that old Hume was there, and he stole that gun, so help me!'

'Let us see if there is anything else that may help us. There is, I believe, a hall-porter at D'Orsay Chambers?'

"Yes.’

'Will you accept my statement that this porter, when questioned by the police, testified he had not seen anyone resembling the deceased in D'Orsay Chambers on Friday or at any other time?'

'Maybe not. He came in by the back stairs -'

'Who came in by the back stairs?'

'Mr Hume. Anyway, that's how he went out, because I saw him go.'

'Did you offer any of this information to the police at the time?'

'No; how could I? I wasn't there. I left my job the next day-' ‘You left the next day?'

'I had been under notice for a month, yes, and that was Saturday. Besides, I didn't know it was important.'

'Apparently not. There would appear to be a curious notion among several persons as to what may or may not have been important then, but is very important now,' said Sir Walter dryly. 'When you say you saw Captain Answell in the car-park, was there any other person there who could substantiate the statement?'

'Nobody but Captain Answell himself. Why don't you ask him?'

Mr Justice Rankin intervened. 'The witness's remark, though out of order,' he said with some asperity, 'would seem pertinent. Is Captain Answell in court? Considering that a part of the evidence depends on information that he may be able to give ...'

H.M. surged up with a sort of ferocious affability. 'My lord, Captain Answell is goin' to appear as a witness for the defence. You needn't trouble to send for him. He's been under subpoena for a long, long time; and we'll see that he is here, though I'm not sure he'll be a very willin' witness for his own side.'

('What on earth is all this?' Evelyn asked in a whisper. 'You heard the fellow say himself he wasn't to be called as a witness. He must have known he'd be subpoenaed! What is happening?')

It was undoubtedly some trick on H.M.'s part: H.M. being determined to be the old maestro if it choked him. Beyond that nothing was known.

'I have no more questions to ask this witness,' said Sir Walter Storm abruptly.

'Call Joseph George Shanks,' said H.M.

While Grabell was going out of the box, and Joseph George Shanks was going into it, a consultation went on among the counsel for the Crown. The prosecution was in a strange and horned position. They must fight this through. That James Answell had been the victim of a mistake: that Hume had planned a trap for Reginald: even that Hume had stolen the pistol: was now being pushed towards a certainty. But these were details which did not, for everything that was said, in the least demonstrate the innocence of the prisoner. I remembered the words in the summing-up of a great jurist at another cause celebre: 'Members of the jury, there is some circumstantial evidence which is as good and conclusive as the evidence of eye-witnesses ... If I might give you an illustration: supposing you have a room with one door, and a closed window, and a passage leading from that door. A man comes up the passage, goes through the door into the room, and finds another man standing with a pistol, and on the floor a dead man: the circumstantial evidence there would be almost conclusive, if not conclusive.'