Clouds of Witness (33 page)

My lords, Denis Cathcart is dead; it is not our place to condemn him, but only to understand and pity him.

"My lords, I need not put before you in detail the shocking shifts to which this soldier and gentleman unhappily condescended. You have heard the story in all its cold, ugly details upon the lips of Monsieur du Bois-Gobey Houdin, and, accompanied by unavailing expressions of shame and remorse, in the last words of the deceased. You know how he gambled, at first honestly-then dishonestly. You know from whence he derived those large sums of money which came at irregular intervals, mysteriously and in cash, to bolster up a bank-account always perilously on the verge of depletion. We need not, my lords, judge too harshly of the woman. According to her own lights, she did not treat him unfairly. She had her interests to consider. While he could pay for her she could give him beauty and passion and good humour and a moderate faithfulness. When he could pay no longer she would find it only reasonable to take another position. This Cathcart understood. Money he must have, by hook or by crook. And so, by an inevitable descent, he found himself reduced to the final deep of dishonour.

"It is at this point, my lords, that Denis Cathcart and his miserable fortunes come into the life of my noble client and of his sister. From this point begin all those complications which led to the tragedy of October 14
^th
, and which we are met in this solemn and historic assembly to unravel.

"About eighteen months ago Cathcart, desperately searching for a secure source of income, met the Duke of Denver, whose father had been a friend of Cathcart's father many years before. The acquaintance prospered, and Cathcart was introduced to Lady Mary Wimsey at that time (as she has very frankly told us) 'at a loose end,' 'fed up,' and distressed by the dismissal of her fiancé, Mr. Goyles. Lady Mary felt the need of an establishment of her own, and accepted Denis Cathcart, with the proviso that she should be considered a free agent, living her own life in her own way, with the minimum of interference. As to Cathcart's object in all this, we have his own bitter comment, on which no words of mine could improve: 'I actually brought myself to consider keeping my mistress on my wife's money.'

"So matters go on until October of this year. Cathcart is now obliged to pass a good deal of his time in England with his fiancée, leaving Simone Vonderaa unguarded in the Avenue Kleber. He seems to have felt fairly secure so far; the only drawback was that Lady Mary, with a natural reluctance to commit herself to the hands of a man she could not really love, had so far avoided fixing a definite date for the wedding. Money is shorter than it used to be in the Avenue Kleber, and the cost of robes and millinery, amusements, and so forth, has not diminished. And, meanwhile, Mr. Cornelius van Humperdinck, the American millionaire, has seen Simone in the Bois, at the races, at the opera, in Denis Cathcart's flat.

"But Lady Mary is becoming more and more uneasy about her engagement. And at this critical moment Mr. Goyles suddenly sees the prospect of a position modest but assured, which will enable him to maintain a wife. Lady Mary makes her choice. She consents to elope with Mr. Goyles, and by an extraordinary fatality the day and hour selected are 3 A.M. on the morning of October 14
^th
.

"At about 9.30 on the night of Wednesday, October 13
^th
, the party at Riddlesdale Lodge are just separating to go to bed. The Duke of Denver was in the gunroom, the other men were in the billiard-room, the ladies had already retired, when the manservant, Fleming, came up from the village with the evening post. To the Duke of Denver he brought a letter with news of a startling and very unpleasant kind. To Denis Cathcart he brought another letter-one which we shall never see, but whose contents it is easy enough to guess.

"You have heard the evidence of Mr. Arbuthnot that, before reading this letter, Cathcart had gone upstairs gay and hopeful, mentioning that he hoped soon to get a date fixed for the marriage. At a little after ten, when the Duke of Denver went up to see him, there was a great change. Before his grace could broach the matter in hand Cathcart spoke rudely and harshly, appearing to be all on edge, and entreating to be left alone. Is it very difficult, my lords, in the face of what we have heard to-day-in the face of our knowledge that Mademoiselle Vonderaa crossed to New York on the
Berengaria
on October 15
^th
-to guess what news had reached Denis Cathcart in that interval to change his whole outlook upon life?

"At this unhappy moment, when Cathcart is brought face to face with the stupefying knowledge that his mistress has left him, comes the Duke of Denver with a frightful accusation. He taxes Cathcart with the vile truth-that this man, who has eaten his bread and sheltered under his roof, and who is about to marry his sister, is nothing more nor less than a card-sharper. And when Cathcart refuses to deny the charge-when he, most insolently, as it seems, declares that he is no longer willing to wed the noble lady to whom he is affianced-is it surprising that the Duke should turn upon the impostor and forbid him ever to touch or speak to Lady Mary Wimsey again? I say, my lords, that no man with a spark of honourable feeling would have done otherwise. My client contents himself with directing Cathcart to leave the house next day; and when Cathcart rushes madly out into the storm he calls after him to return, and even takes the trouble to direct the footman to leave open the conservatory door for Cathcart's convenience. It is true that he called Cathcart a dirty scoundrel, and told him he should have been kicked out of his regiment, but he was justified; while the words he shouted from the window-'Come back, you fool,' or even, according to one witness, 'you b- fool'-have almost an affectionate ring in them. (Laughter.)

"And now I will direct your lordships' attention to the extreme weakness of the case against my noble client from the point of view of motive. It has been suggested that the cause of the quarrel between them was not that mentioned by the Duke of Denver in his evidence, but something even more closely personal to themselves. Of this contention not a jot or tittle, not the slightest shadow of evidence, has been put forward except, indeed, that of the extraordinary witness, Robinson, who appears to bear a grudge against his whole acquaintance, and to have magnified some trifling allusion into a matter of vast importance. Your lordships have seen this person's demeanour in the box and will judge for yourselves how much weight is to be attached to his observations. While we on our side have been able to show that the alleged cause of complaint was perfectly well founded in fact.

"So Cathcart rushes out into the garden. In the pelting rain he paces heedlessly about, envisaging a future stricken at once suddenly barren of love, wealth, and honour.

"And, meanwhile, a passage door opens, and a stealthy foot creeps down the stair. We know now whose it is-Mrs. Pettigrew-Robinson has not mistaken the creak of the door. It is the Duke of Denver.

"That is admitted. But from this point we join issue with my learned friend for the prosecution. It is suggested that the Duke, on thinking matters over, determines that Cathcart is a danger to society and better dead-or that his insult to the Denver family can only be washed out in blood. And we are invited to believe that the Duke creeps downstairs, fetches his revolver from the study table, and prowls out into the night to find Cathcart and make away with him in cold blood.

"My lords, is it necessary for me to point out the inherent absurdity of this suggestion? What conceivable reason could the Duke of Denver have for killing, in this cold-blooded manner, a man of whom a single word has rid him already and for ever? It has been suggested to you that the injury had grown greater in the Duke's mind by brooding-had assumed gigantic proportions. Of that suggestion, my lords, I can only say that a more flimsy pretext for fixing an impulse to murder upon the shoulders of an innocent man was never devised, even by the ingenuity of an advocate. I will not waste my time or insult you by arguing about it. Again it has been suggested that the cause of quarrel was not what it appeared, and the Duke had reason to fear some disastrous action on Cathcart's part. Of this contention I think we have already disposed; it is an assumption constructed
in vacua
, to meet a set of circumstances which my learned friend is at a loss to explain in conformity with the known facts. The very number and variety of motives suggested by the prosecution is proof that they are aware of the weakness of their own case. Frantically they cast about for any sort of explanation to give colour to this unreasonable indictment.

"And here I will direct your lordships' attention to the very important evidence of Inspector Parker in the matter of the study window. He has told you that it was forced from outside by the latch being slipped back with a knife. If it was the Duke of Denver, who was in the study at 11.30, what need had he to force the window? He was already inside the house. When, in addition, we find that Cathcart had in his pocket a knife, and that there are scratches upon the blade such as might come from forcing back a metal catch, it surely becomes evident that not the Duke, but Cathcart himself forced the window and crept in for the pistol, not knowing that the conservatory door had been left open for him.

"But there is no need to labour this point-we know that Captain Cathcart was in the study at that time, for we have seen in evidence the sheet of blotting-paper on which he blotted his letter to Simone Vonderaa, and Lord Peter Wimsey has told us how he himself removed that sheet from the study blotting-pad a few days after Cathcart's death.

"And let me here draw your attention to the significance of one point in the evidence. The Duke of Denver has told us that he saw the revolver in his drawer a short time before the fatal 13
^th
, when he and Cathcart were together."

The Lord High Steward: "One moment, Sir Impey, that is not quite as I have it in my notes."

Counsel: "I beg your lordship's pardon if I am wrong."

L.H.S.: "I will read what I have. 'I was hunting for an old photograph of Mary to give Cathcart, and that was how I came across it.' There is nothing about Cathcart being there."

Counsel: "If your lordship will read the next sentence-"

L.H.S.: "Certainly. The next sentence is: 'I remember saying at the time how rusty it was getting.'"

Counsel: "And the next?"

L.H.S.: "' To whom did you make that observation?' Answer: 'I really don't know, but I distinctly remember saying it.'"

Counsel: "I am much obliged to your lordship. When the noble peer made that remark he was looking out some photographs to give to Captain Cathcart. I think we may reasonably infer that the remark was made to the deceased."

L.H.S. (to the House): "My lords, your lordships will, of course, use your own judgment as to the value of this suggestion."

Counsel: "If your lordships can accept that Denis Cathcart may have known of the existence of the revolver, it is immaterial, at what exact moment he saw it. As you have heard, the table-drawer was always left with the key in it. He might have seen it himself at any time, when searching for an envelope or sealing-wax or what not. In any case, I contend that the movements heard by Colonel and Mrs. Marchbanks on Wednesday night were those of Denis Cathcart. While he was writing his farewell letter, perhaps with the pistol before him on the table-yes, at that very moment the Duke of Denver slipped down the stairs and out through the conservatory door. Here is the incredible part of this affair-that again and again we find two series of events, wholly unconnected between themselves, converging upon the same point of time, and causing endless confusion. I have used the word 'incredible'-not because any coincidence is incredible, for we see more remarkable examples every day of our lives than any writer of fiction would dare to invent-but merely in order to take it out of the mouth of the learned Attorney-General, who is preparing to make it return, boomerang-fashion, against me. (Laughter.)

"My lords, this is the first of these incredible-I am not afraid of the word-coincidences. At 11.30 the Duke goes downstairs and Cathcart enters the study. The learned Attorney-General, in his cross-examination of my noble client, very justifiably made what capital he could out of the discrepancy between witness's statement at the inquest-which was that he did not leave the house till 2.30-and his present statement-that he left it at half-past eleven. My lords, whatever interpretation you like to place upon the motives of the noble Duke in so doing, I must remind you once more that at the time when that first statement was made everybody supposed that the shot had been fired at three o'clock, and that the misstatement was then useless for the purpose of establishing an alibi.

"Great stress, too, has been laid on the noble Duke's inability to establish this alibi for the hours from 11.30 to 3 A.M. But, my lords, if he is telling the truth in saying that he walked all that time upon the moors without meeting anyone, what alibi could he establish? He is not bound to supply a motive for all his minor actions during the twenty-four hours. No rebutting evidence has been brought to discredit his story. And it is perfectly reasonable that, unable to sleep after the scene with Cathcart, he should go for a walk to calm himself down.

"Meanwhile, Cathcart has finished his letter and tossed it into the post-bag. There is nothing more ironical in the whole of this case than that letter. While the body of a murdered man lay stark upon the threshold, and detectives and doctors searched everywhere for clues, the normal routine of an ordinary English household went, unquestioned, on. That letter, which contained the whole story, lay undisturbed in the postbag, till it was taken away and put in the post as a matter of course, to be fetched back again, at enormous cost, delay, and risk of life, two months later in vindication of the great English motto: 'Business as usual.'