Time, The Avenger

King Country Chronicle, Volume V, Issue 390, 26 August 1911, Page 2

Time, The Avenger

(All Rights Reserved.)

By HEDLEY RICHARDS, Author of "The Haigtas of Hillcrest," "From Mill to Mansion,," "Diana's Inheritance," Etc., Etc.

THE UNRAVELLING OF A STRANGE WILL MYSTERY.

FIRST INSTALMENT. PROLOGUE. "What say you ? Guilty, or not guilty ? " As the clerk put the question, everj one in court turned instinctively to wards the dock. The old courthouse was crowdedaot with the usual gathering whc :ame to hear the trials when the assizes were held, hut to-day countj :olk rubbed shoulders with the tradespeople—and as the space was .imited, the working classes had been elbowed out. The prisoner at the bar raised his nandsome head and looked full at the ury as he said, In a firm tone : "Not guilty." A ray of sunshine streamed through i window opposite and rested on his pale face and showing how worn and sad he looked, causing a dark, 'oreign-looking girl who sat at the jack of the court to draw her breath luickly, as though her heart was gong to burst.

"By Jove, Hudspith has altered ! said one young aristocrat to an Dther.

"Looks down on his luck, and nc vonder when his own father's been oiean enough to bring him back to •.his," was the reply. At that moment the counsel foi :he prosecution rose, and began by ;aying the case was a very sad one. Then he proceeded : "The prisoner at the bar is the jnly son of Mr. Hudspith, of Gelder Hall, Wittonbury, and had a libera] illowance, in accordance with his position, but unfortunately he managed to get into debt. I mention this 'act in view of the subsequent events. 3n the Bth of last May the prisoner sashed a cheque at the County Bank, SVittonbury. It was dated the 6th Df May, and the signature purported to be that of Mr. Hudspith, hi: ather. In fact, it was so like that gentleman's writing that there seem--3d no doubt about the signature beng genuine, though a little surprise was felt at the amount, three thousand pounds, which was a larger sum the prisoner usually received :rom his father at one time. "A day or two later Mr. Hudspith isked for his bank-book to be made ip, and at once declared he had not signed the cheque for three thousand pounds. The manager for the bank :hen saw the prisoner in his father's presence, and he denied that he had cashed the cheque, or that it had been in his hands at all. I shall now call the cashier who received ;he cheque from the prisoner." A dapper little man stepped with a reluctant air into the witness-box. "Do you know the prisoner ? " ask;d the counsel for the prosecution. "Yes, I have known him by sight tor some years." "Did he come to the County Bank on the Bth of last May ? " "He did." "Will you tell us what happened ? " " I had just finished attending to Mr. Jones, a farmer, from Hateby, when Mr, Lionel Hudspith asked me If I would cash him a cheque. When I saw the amount I was surprised, but as I had not the slightest doubt about the signature, I prepared to pay it at once, and asked him how he would take it. " ' I'll have two thousand in fiftypound notes, and one thousand in one j Hundred-pound notes,' he answered, | without hesitation." j " Did he seem in a hurry to get away ? " asked the counsel. " No. I thought he appeared quiet and a bit depressed, and he didn't wish me good aiternoon as he usually had done." "What time was it when you cashed the cheque ? " " It would be about three o'clock. I know we didn't close for a little time after, and our time is four o'clock." " Thank you." Before the witness left the box the counsel for the defence rose, saying : "Do you wish the jury to understand that you are so intimately acquainted with the prisoner's appearance that it is impossible you could have mistaken another man for him ? "

"I think it would be impossible," was the grave reply. " I suppose you are aware that singular likenesses sometimes exist between strangers." " I have heard so ; but it was Mr. Lionel Hudspith who presented the cheque." " That will do;" and the witness stepped down, to give place to a clerk, who stated that he had seen the prisoner enter the bank and present the cheque on the Bth of May. The defendant's counsel did not question him, and the next witness called was Marcus Dewhirst. " You are the prisoner's cousin and reside at Gelder Hall ? " he said, in a voice of interrogation. " Yes. I have lived there from the time I lost my parents, about eighteen years ago," the witness replied, in a clear, distinct tone, which was heard at the back of the court. " Were you on good terms with

your cousiu ? " " Very." " Then I suppose you were in his confidence ? " " I was. In fact., we confided in each other mutually." " Did you know that your cousin was in debt ? " " He told me that he was, and I advised him to tell his father ; but he said he was afraid of a row, and

he had special reasons for not wishing to cross him just then." " Did he tell you what those reaSODS wG r G ? " No ; but I inferred they were connected with a lady."

" Was your uncle, Mr. Hudspith at home on the Bth of May ? " "No ; he went away on the 7th. He had told us he was going up tc London for a few days."

" Did you see anything of the prisoner on the Bth ? " asked the counsel.

" Yes, we spent the morning together, then after luncheon we went into the Blue Room, which is a favourite sitting-room, and my cousin threw himself on a couch. I took a book. Then, after a time he rose, saying that he was going out, and I did not see him again till about four o'clock when he stayed a few minutes in the room, then went to the library. After that I did not see him again until he was crossing the hall, and I asked him to come and have a smoke."

" Did he tell you where he had been ? "

" No. He appeared worried and out of sorts."

"Thank you, Mr. Dewhirst." The counsel for the defence rose to his feet.

" Stay a moment, sir. Do you mean to say you saw your cousin leave the Blue Room ? " " Most certainly I do." "You say you have lived at Gelder Hall eighteen years ? Are we to understand that you are a man of means or solely dependent on your uncle ? "

" I am not a man of means, but I am useful to my uncle in many ways. I scarcely call myself dependent on him."

" All the same it would make a good difference to you if your cousin was out of the way ? " " I am not sure that it would make any difference," Marcus Dewhirst coolly replied, " and I fail to see your right to insult me," he added.

"Do you know that your version of the way in which the afternoon was spent differs considerably from that of the prisoner, who avers that he never left the Blue Room ? " said the counsel, ignoring the witness's last words.

" I must believe my own eyes. I didn't wish to give evidence ; but as [ was compelled to come I am bound to speak the truth," replied the young fellow. Without a word the counsel sat iown, and the witness left the box. William Dawes was next called, and in answer to his name a young man who wore the livery of a footman ;ame forward. " You are footman at Gelder Hall, [ believe ? " said the counsel for the Drosecution.

" Yes, sir. I am under-footman, and have been for the last year and a half."

" Just so. Well, now, can you tell as whether the prisoner left the Hall on the afternoon of the Sth of May ?" " Yes, sir. I saw him come from the direction of the Blue Room along the hall, and go out at the front ioor." " Did you see him return ? " " No, sir." As the prosecuting counsel sat down the prisoner's connsel rose. " Now, William, I want to ask you how it is you are so certain it was on the Sth of May that your young master went out. Don't you think it might have been the 7th or the 9th ? Mr. Hudspith was away from home both those afternoons." "No, sir, it was the Sth. I am certain."

" W T hy are you certain ? One day's yery much like another."

" Well sir, I got out that night and I settled it with a young woman as we'd keep company, and shse was telling me as she believed my young master had a sweetheart unbeknown to his father, and I said perhaps he'd been off to see her that afternoon ; only if he had, courting didn't seem to agree with him." " What made you think that ? " " "Because he'd such a queer look on his face as he passed me."

" You can go," said the counsel

The next witness was Reuben Howarth, the butler, who looked grieved and sad as he stated that on the afternoon of May Bth his young master asked for the letter-bag, and put several letters in it.

" Had he ever done that before ? " asked the counsel for the prosecution. " I don't remember--he may have done ; but, as a rule, the letters are handed to me," replied the butler. Further evidence showed that the prisoner had used the notes to pay certain debts with, and that one of the notes, for a hundred pounds, had been found in his possession. This concluded the case for the prosecution, and the prisoner's counsel rose as Newton Holcraft was called.

"You are a friend of the prisoner's ? " said the counsel. " I am. We were at college together, and have kept up a warm friendship." " Did you know that- the prisoner was in debt ? "Yes. He lost heavily on a horse. He'd backed it for a great deal more than he was worth, mating sure he would win."

" When he found he had lost, how did he propose to m-eet his liabilities ? Did he expect his father to help him ? " " No. He knew better than that. Mr. Hudspith would have been down on him for gambling. We talked the matter over—by 'we ' I mean my friend, the prisoner, and Reggie Drummond—and it was decided that he should apply to Abraham Levy, the Jew money-lender. I knew there wouldn't be any difficulty in getting the loan, as he was the only son of a millionaire ; and it was arranged I should see Levy, as I'd brad dealings with him before I came into my property. To tell the truth, I wanted to lend the money ; but as I'd been rather hard-hit myself he wouldn't take it, saying he'd rather go to the Jew." e-js?

" What date was it when tnesc arrangements were made ? " asked Ihc counsel.

"It was the last, week of April. The prisoner was then in London : but he decided to so home, and return a week later to settle the matter. I saw Levy on the Ist. of Mav and he agreed to lend the money, «•: I wrote my friend to come up on the 7th of May. He replied saying _ hit father was coming up on that oate, so he had better -ait a few days, and I might expect him about the 12th. Afterwards he wrote saying he shouldn't need the money, as some one had paid his debts in a very mysterious way, and asking if I had done it. Of course 1 wrote and told him I hadn't." " Thank you, Mr. Holoraft." As the witness stepped out of the box the Honourable Reginald Drummond was called, and he at once took his place, corroborating what the previous witness had said. The next witness was Abraham Levy, who stated that Mr. Holcraft had seen him about advancing a sum of two thousand, eight, hundred pounds to the prisoner, and he had agreed to do so. but suirgesied it would be better to make it three thousand.

" There was no difficulty about it ? The prisoner was certain of being able to obtain the money ? " said the counsel.

" I had ageeed to do it, and I | never draw back. Mr. Holcraft. j knows he can rely on my word. The | money was ready for him on the 7th J of May," said the Jew. ) " Thank you. That will and ! the counsel sat down. The counsel for the prosecution rose and addressed the jury. ' "It is a very painful case." ho said, "and I may add that the bank ! has been very unwilling to move in j the matter, but circumstances have compelled them. It is the old story ; of a young man getting into debt. and under a sudden temptation fore- ; ing another man's name. The prisoner denies having done this, but the ; evidence to the contrary is over- | whelming. The cashier and the clerk at the bank who know him well, both swear that he presented the forged ! cheque, and received notes in return, j Those notes have been traced, and it | is certain the prisoner has paid his j debts with them. Then the servants , have sworn to him having left the house on the afternoon of May Bth i I fail to see how, in the face of this j evidence any one can believe the prisoner innocent. j " True, my learned friend hs-s \ brought witnesses who say that ar- ] rangements have been made for the j prisoner to receive a loan of three j thousand pounds. It is singular that ■ he should have the money in prospect ■ yet forge a cheque for the same a i mount ;but you must not forget that i he might have debts which the three thousand did not cover. You have : heard something about a lady, am! | women often cost men a good deal j for jewellery. Women and wine am; ; horses are three serious items of ex pense. The prisoner had lost heavily on horses, and you have been told , there is a lady. Terhaps, if she ; spoke, she could tell why the three j I thousand was required." [ j With these words the counsel clos- i i ed his speech. j

The prisoner':? counsel rose, and. looking" at the jury, lie said, in a melodious voice :

'* Gentlemen of the Jury.—Mj friend was right when he called this a painful case—a father proserininc his son for a miserahle three thousand. Nominally the hank prosecui.es. In reality it is the father, who hclieves his own son had enough t<: have forged his name—a son who line been characterized by absolute truthfulness from his cradle—and I say the prisoner is speaking the truth and nothing but the truth when he denies any knowledge of the cheque. Evidence has been given to prove that the prisoner cashed the forged cheque. Gentlemen of the jury, yoi. know as well as 1 do that it is possible for the sharpest of men to be taken in by a resemblance, and thai a faint likeness may be accentuat.ee. in various ways. I cannot account for the mistake made by the cashier; but ccrtainlv the prisoner was not at the County' Bank on the Bth of Maj but spent the afternoon sleeping or: the couch in the Blue Room until some time after four, when he went into the smoke room. Neither did he write the letters or place the notes in them. On the face of the matte: any one can see the absurdity of .• man forcing a name, on a cheque and presenting it himself, then payin.c the notes away at once. It would be the surest way to bring the crime home to him. It may be suggested that he relied on his father's clemency to let the matter pass, hut 1 think flic prisoner would know his father well enough to be aware that even, if the matter of the cheque, was ignoreu. it would cost him dearly. He knew the estate was not entailed, and it and Mr. Hudspith's fortune could he willed as he chose.

'■ Is it likely, I ask. that in ih< face of these facts he would, afici forging u cheque, present it himself When I say no, 1 think you wit' agree with inc. Another important factor in the case is that he ili<! not require the money. Three thousand pounds was waiting for him in I .on don. He had only to sign a paper and it would be placed in his hands. and the whole affair kept perfect i\ quiet. My learned friend has hinted at other dehts, hut my impression is that, if they had existed, before now the claimants would have pressed for payment. However, that may he, you have to do <siih facts, not surmises, and the only known debts would have been covered by the proraised three thousand pounds. This does away with the motive for the crime. Gentlemen of the jury, the forging and cashing of the cheque arc part of a well-laid plan to ruin the prisoner, and I confidently ask you to acquit him," he said, as he took his seat. To be ©ontinucd.