Christmas Holiday (20 page)

“What was the explanation?” asked Charley.

“Simple as A B C. Berger had broken his watch and borrowed the one he’d given to Lydia. She hardly ever went out and didn’t need it. You must remember that in those days she was a quiet, modest, rather shy girl with few friends of her own, and I should say somewhat
lethargic. At the trial two men swore that they’d noticed Berger wearing it. Jojo, who was a police informer, knew that Berger was a crook and wondered how he had got it. In a casual way he mentioned to Berger that he had a new watch on and Berger told him it was his wife’s. Lydia went to the watchmaker’s to get her husband’s watch the morning after the murder, and very naturally, since she was there, had a new glass put in her own. It never occurred to her to mention it and Berger never knew that he had broken it.”

“But you don’t mean to say that he was convicted on that?”

“No. But it was enough to justify the Commissaire charging him with the murder. He thought, quite rightly as it turned out, that new evidence would be forthcoming. All through his interrogations Berger conducted himself with amazing adroitness and self-possession. He admitted everything that could be proved and no longer attempted to deny that it was he who had robbed all those women of their handbags, he admitted that even after his conviction he had gone on pinching cars whenever he wanted one; he said the ease with which it could be done was too much for him and the risk appealed to his adventurousness; but he denied absolutely that he’d had anything to do with the murder. He claimed that the fact of the pieces of glass fitting Lydia’s watch proved nothing, and she swore black and blue that she’d broken the glass herself. The juge d’instruction in whose charge the case was of course eventually placed was puzzled because no trace could be found of the money Berger must have
stolen, and actually it never was found. Another odd thing was that there was no trace of blood on the clothes that Berger was wearing on that particular night. The knife wasn’t found either. It was proved that Berger had one, in the circles he moved in that was usual enough, but he swore that he’d lost it a month before. I told you that the detectives’ work was pretty good. There’d been no finger-prints on the stolen cars nor on the stolen handbags, which when he’d emptied he’d apparently just thrown into the street and some of which had eventually got into the hands of the police, so it was pretty obvious that he had worn gloves. They found a pair of leather gauntlets among his things, but it was unlikely that he would have kept them on when he went to see Jordan, and from the place in which the body was found, which suggested that Jordan had been changing a record when he was struck, it was plain that Berger hadn’t murdered him the moment Jordan let him into the room. Besides, they were too large to go in his pocket and if he had had them at the bar someone would have noticed them. Of course Berger’s photo had been published in all the papers, and in their difficulty the police got the press to help them. They asked anyone who could remember having sold about such-and-such a date a pair of gloves, probably gray, to a young man in a gray suit, to come forward. The papers made rather a thing about it; they put his photo in again with the caption: ‘Did you sell him the gloves he wore to kill Teddie Jordan?’

“You know, a thing that has always struck me is people’s fiendish eagerness to give anyone away. They
pretend it’s public spirit, I don’t believe a word of it, I don’t believe it’s even, as a rule anyway, the desire for notoriety; I believe it’s just due to the baseness of human nature that gets a kick out of injuring others. You know, of course, that in England the Treasury and the King’s Proctor are supposed to have a wonderful system of espionage to detect income-tax evasions, and collusion and so forth in divorce cases. Well, there’s not a word of truth in it. They depend entirely on anonymous letters. There are a whole mass of people who can’t wait if they have the chance of doing down someone who’s trying to get away with anything.”

“It’s a grim thought,” said Charley, but added cheerfully: “I can only hope you’re exaggerating.”

“Well, anyhow, a woman from the glove department at the Trois Quartiers came forward and said she remembered selling a young man a pair of gray suède gloves on the day of the murder. She was a woman of about forty and she’d liked the look of him. He was particularly anxious that they should match his gray suit and he wanted them rather large so that he shouldn’t have any difficulty in slipping into them. Berger was paraded with a dozen other young men and she picked him out at once, but, as his lawyer pointed out, that was easy since she had only just seen his picture in the paper. Then they got hold of one of Berger’s crooked friends who said he’d met him on the night of the murder, not walking towards the boulevard, but in a direction that would have taken him to Jordan’s apartment. He’d shaken hands with him and had noticed that he was wearing gloves. But that particular
witness was a thorough scamp. He had a foul record, and Berger’s counsel at the trial attacked him violently. Berger denied that he had seen him on that particular evening and his counsel tried to persuade the jury that it was a cooked-up story that the man had invented in order to ingratiate himself with the police. The damning thing was the trousers. There’d been a lot of stuff in the papers about Berger’s smart clothes, the well-dressed gangster and all that sort of thing; you’d have thought, to read it, that he got his suits in Savile Row and his haberdashery at Charvet’s. The prosecution was anxious to prove that he was in desperate need of money and they went round to all the shops that supplied things both to him and for the household to find out if there had been any pressure put to settle unpaid accounts. But it appeared that everything bought for the house was paid for on the nail and there were no outstanding debts. So far as clothes were concerned Berger, it turned out, had bought nothing since he lost his job but one gray suit. The detective who was interviewing the tailor asked when this had been paid for and the tailor turned up his books. He was an advertising tailor in a large way of business who made clothes to measure at a lowish price. It was then discovered that Berger had ordered an extra pair of trousers with the suit. The police had a list of every article in his wardrobe, and this pair of trousers didn’t figure on it. They at once saw the importance of the fact and they made up their minds to keep it dark till the trial.

“It was a thrilling moment, believe me, when the
prosecution introduced the subject. There could be no doubt that Berger had had two pairs of trousers to his new gray suit and that one of the pairs was missing. When he was asked about it he never even attempted to explain. He didn’t seem flummoxed. He said he didn’t know they were missing. He pointed out that he had had no opportunity of going over his wardrobe for some months, having been in prison awaiting trial, and when he was asked how he could possibly account for their disappearance suggested flippantly that perhaps one of the police officers who had searched the house was in need of a pair of new trousers and had sneaked them. But Madame Berger had her explanation pat, and I’m bound to say I thought it a very ingenious one. She said that Lydia had been ironing the trousers, as she always did after Robert had worn them, and the iron was too hot and she had burnt them. He was fussy about his clothes and it had been something of a struggle to find the money to pay for the suit, they knew he would be angry with his wife, and Madame Berger, wishing to spare her his reproaches and seeing how scared she was, proposed that they shouldn’t tell him; she would get rid of the trousers and Robert perhaps would never notice that they had disappeared. Asked what she had done with them she said that a tramp had come to the door, asking for money, and she had given him the trousers instead. The size of the burn was gone into. She claimed that it made the trousers unwearable, and when the public prosecutor pointed out that invisible mending would have repaired the damage, she answered that it would have
cost more than the trousers were worth. Then he suggested that in their impoverished circumstances Berger might well have worn them in the house; it would surely have been better to risk his displeasure than to throw away a garment which might still be useful. Madame Berger said she never thought of that, she gave them to the tramp on an impulse, to get rid of them. The prosecutor put it to her that she had to get rid of them because they were blood-stained and that she hadn’t given them to a tramp who had so conveniently presented himself, but had herself destroyed them. She hotly denied this. Then where was the tramp? He would read of the incident in the papers and knowing that a man’s life was at stake would surely present himself. She turned to the press, throwing out her arms with a dramatic gesture.

“ ‘Let all these gentlemen,’ she cried, ‘spread it far and wide. Let them beseech him to come forward and save my son.’

“She was magnificent on the witness stand. The public prosecutor subjected her to a merciless examination; she fought like a fury. He took her through young Berger’s life and she admitted all his misdeeds, from the episode at the tennis club to his thefts from the broker who after his conviction had, out of charity, given him another chance. She took all the blame of them on herself. A French witness is allowed much greater latitude than is allowed to a witness in an English criminal trial, and with bitter self-reproach she confessed that his errors were due to the indulgence with which she had brought him up. He was an only
child and she had spoilt him. Her husband had lost a leg in the war, while attending to the wounded under fire, and his ill health had made it necessary for her to give him unremitting attention to the detriment of her maternal duties. His untimely end had left the wretched boy without guidance. She appealed to the emotions of the jury by dwelling on the grief that had afflicted them both when death robbed their little family of its head. Then her son had been her only consolation. She described him as high-spirited, headstrong, easily led by bad companions, but deeply affectionate and, whatever else he was guilty of, incapable of murdering a man who had never shown him anything but kindness.

“But somehow she didn’t create a favourable impression. She insisted on her own unimpeachable respectability in a way that grated on you. Even though she was defending the son she adored she missed no opportunity to remind the Court that she was the daughter of a staff officer. She was smartly dressed, in black, perhaps too smartly, she gave you the impression of a woman who was trying to live above her station; and she had a calculating expression on her hard, decided features; you couldn’t believe that she’d have given a crust of bread, much less a pair of trousers, even though damaged, to a beggar.”

“And Lydia?”

“Lydia was rather pathetic. She was very much in the family way. Her face was swollen with tears and her voice hardly rose above a whisper, so that you could only just hear what she said. No one believed
her story that she had broken the glass of the watch herself, but the prosecutor wasn’t hard on her as he’d been on her mother-in-law; she was too obviously the innocent victim of a cruel fate. Madame Berger and Robert had used her unmercifully for their own ends. The Court took it as natural enough that she should do everything in her power to save her husband. It was even rather touching when she told how kind and sweet he had always been to her. It was quite clear that she was madly in love with him. The look she gave him when she came on to the witness stand was very moving. Out of all that crowd of witnesses, policemen and detectives, jailors, bar-loungers, informers, crooks, mental experts—they called a couple of experts who had made a psychological examination of Berger and a pretty picture they painted of his character—out of all that crowd, I say, she was the only one who appeared to have any human feeling.

“They’d got Maître Lemoine, one of the best criminal lawyers at the French bar, to defend Berger; he was a very tall, thin man, with a long sallow face, immense black eyes and very black thick hair. He had the most eloquent hands I’ve ever seen. He was a striking figure in his black gown, with the white of his lawyer’s bands under his chin. He had a deep, powerful voice. He reminded you, I hardly know why, of one of those mysterious figures in a Longhi picture. He was an actor as well as an orator. By a look he could express his opinion of a man’s character and by a pause the improbability of his statements. I wish you could have seen the skill with which he treated the hostile witnesses,
the suavity with which he inveigled them into contradicting themselves, the scorn with which he exposed their baseness, the ridicule with which he treated their pretensions. He could be winningly persuasive and brutally harsh. When the mental experts deposed that on repeated examinations of Berger in prison they had formed the opinion that he was vain, arrogant and mendacious, ruthless, devoid of moral sense, unscrupulous and insensible to remorse, he reasoned with them as though he were a trained psychologist. It was a delight to watch the working of his subtle brain. He spoke generally in an easy, conversational tone, but enriched by his lovely voice and with a beautiful choice of words; you felt that everything he said could have gone straight down in a book without alteration; but when he came to his final speech and used all the resources at his disposal the effect was stupendous. He insisted on the flimsiness of the evidence; he poured contempt on the credibility of the disreputable witnesses; he drew red herrings across the path; he contended that the prosecution hadn’t made out a case upon which it was possible to convict. Now he was chatty and seemed to talk to the jury as man to man, now he worked up to a flight of impassioned pleading and his voice grew and grew in volume till it rang through the court-room like the pealing of thunder. Then a pause so dramatic that you felt your skin go all goosy. His peroration was magnificent. He told the jury that they must do their duty and decide according to their conscience, but he besought them to put out of their minds all the prejudice occasioned by
the young man’s admitted crimes, and his voice low and tremulous with emotion—by God! it was effective—he reminded them that the man the public prosecutor asked them to sentence to death was the son of a widow, herself the daughter of a soldier who had deserved well of his country, and the son of an officer who had given his life in its defence; he reminded them that he was recently married, and had married for love, and his young wife now bore in her womb the fruits of their union. Could they let this innocent child be brought into the world with the stigma that his father was a convicted murderer? Claptrap? Of course it was claptrap, but if you’d been there and heard those thrilling, grave accents you wouldn’t have thought so. Gosh! how people cried. I nearly did myself, only I saw the tears coursing down Berger’s cheeks and him wiping his eyes with a handkerchief, and that seemed to me so comic that I kept my head. But it was a fine effort, and not all the huissiers in the world could have prevented the applause that burst from the crowd when he sat down.