CHAPTER XVI.—Coutinned. THE INQUEST.

Waikato Times, Volume XXVII, Issue 2224, 9 October 1886, Page 1 (Supplement)

CHAPTER XVl.— Coutinned. THE INQUEST.

Mr Trail, the gentleman who watched the case on behalf of the Crown, obtained permission from the coroner to put a few questions to the witness, and elicited the following facts :— Mr Fossdyke was attired in his shirt and trousers, yes, and boots ; he had dressed for dinner, and when discovered had his neckcloth on also. He had taken nothing off but his coat. The waistcoat had certainly not beeu pearced by the dagger, but it was a low cut dress waistcoat, and the stab was dealt outside it, nearly in the centre of the chest. The key was not in the lock, nor had they been able to find it as yet, though the room had been searched closely. Mr Trail had enjoyed a quarter of an hour's conversation with Ssargeant Usher, who had suggested the points that in his opinion required clearing up. Mr Marlineon followed and gave corroborative evidence to Eliza Salt^r, the chambermaid. Further questioned by Mr Trail, he said that every bedroom in the Hopbine had a key to it invariably kept in the outside of the door. Mr Fossdyke's room being locked was conclusive evidence that the key had been in the lock as it should be, but what had become of the key he could not say. Inspector Thresher had given him to understand that the discovery of the key was a matter of importance. Couldn't see it mattered much himself, but all the same he had given orders it wa3 to be found if possible. Search high, search low, they could see nothing of that key. Here the witness expressed himself in an excited and somewhat incoherent speech to the effect that this was a pretty thing to happen in a first-class hotel, that some people ought to be ashamed of themselves, winding up with a request to the Coroner to clear the house ; after which he was led gently away by Inspector Thresher, murmuring repeated blessings upon the assembly generally, and spent the remainder of the afternoon in confidentially cursing and tasting the liquor 9 at the back of the bar parlour. Dr. Ingleby had n»t failed to notice that though Inspector Thresher, of the Bunbury plice, apparently controlled the production of evidence, lie now and again referred to a quiet, little grey man, who j seemed almost to deprecate being noticed at all and whom probably few other people regarded, much less recognised as Sergeant Usher. The next witness was vVilliam Gibbons, the boots. William proved what is termed rather a flippant witness. He had in his humble way that misty idea that accident had giren him that opportunity of distinguishing himself which was permeating the brain of Mr Totterdell. William Gibbons had little doubt in his own mind that the whole key of the mystery laid with him, and that when his testimony had been taken there would be merely the trifling addenda ot arresting and hanging Foxborough to follow. He deposed how he had called Mr Foxborough on Wednesday, the 4th of September, about seven o'clock. Mr Foxborough had arrived at the Hopbine on Saturday, August 31st, had gone over to Baumborough on Monday, September 2nd, had received Mr Fossdyke to dinner on Tuesday, the 3rd, and left on the following day. He called Mr Foxborough \t the time mentioned by his own order, is he wished to catch the 8.30 traiu for towD, which was a through train, and stopped nowhere between Bunbury and London. He saw MrToxborough off by that train, and put his portmanteau luto the carrage with him. In the afternoon he was called by his master to break open Mr Fossdyke's door; had heard from lSliza Salter previously how late that gentleman was sleeping ; how she could net no answer to her knocks and how she went so far as to say she thought " some-t-hing must have happeued to him, a fit or such like," continued the witness, '• which it had ; when we got the door open the poor gentleman was lying on his back with a fanciful dagger buried in his chest, that was the fit he had, poor soul, and it's my opinion, gentleman, that a more slimy, cold-blooded viper — Mr Gibbons was sharply pulled up by the coroner, who informed him they should not require his opinion simply his account of what he had seen, and that he appeared to have already narrated all he knew from personal observation. Further questioned by Mr Trail, William Gibbons said they had none of them known Mr Foxborough's name until Mr Fossdyke had asked for him by it. He had himself thought there was something suspicious in a guest keeping his name dark. In all his experiences and as — Here once more the coroner ruthlesslyinterposed, and curtly informed Mr Gibbons they required neither his thoughts nor the results of his experience, and that unless Mr Trail had any further question to ask him he might retire. Mr Trail having declined to attempt the extraction of further evidence from the redoubtable William, that worthy withdrew murmuring. "If this was the way these here murders were sifted, if the opinion of sensible men who had, so to speak, been in a way almost in it, weren't to be thought of any account, how did any crowners or juries or blessed peelers think they was going to get at tne right of things ?" 4 1 wouldn't for the world, Phil, say a word against the poor fellow that's gone, but it really seems to me there is next to nq evidence of murder,' whis-pered Morant. "Dr. Ingleby says that his opinion is theory only." •Yes, but not with regard to the wound ; that he holds decidedly was not self-inflicted. Still so far there is not much to implicate Foxborough beyond this : If it is murder, and not Foxborough, who on earsh can it be ?' John Jenkinson, the waiter, was now brought forward by Inspector Thresh er. He bore witness to the arrival of No. 11 on the Saturday, to his sudden interest in the oppning of the Bauinboiough theatre, how on his return from there on Monday he announced that be had a friend coming to dine with him next day ; how the following morning he gave rather elaborate directions about tiiis dinner to Mr Marlinson, and how eventually Mr Fosadyke arrived aud asked for No. 1 1 under the name of Foxborough ; they had not known his name at the Hopbine previously. Further questioned by Mr Trail, Jenkinson said the two gentlemen drank a good deal of wine, but were neither of them the worse for liquor when he left them. Took up a tray accordiny to order at half- past ten, with a email decanter of brandy and four bottles of seltzer. Two bottles only of th 3 seltzer wero drunk, but all the br-iudy was srone wh« n the chamber-maid brought it down thi next morning. _ Heard the voices of both gentlemen raised as if in

dispute as ho brought up the tray, and as he entered tho room heard MrFoxborough say, ' The game is in my hands, and they are my terras,' or words to that effect. The gentlemen stopped speaking the mjnuto they saw him. Had never seen Mr Fossdyke beforo, and should not have known who he was, but he was told by his master and Salter, ,who both appeared to know him. The next witness was Inspector Thresher, whose evidence was brief and business-like. Ho simply testified to having been sent for by Marlinson and finding Mr Fossdyke fctabbod through the heart and stone dead, as described by three of the previous witnesses. He at one© took charge of the room, and everything 1 in it, and telegraphed a brief account of the affair to Scotland Yard. The unfortunate gentleman's rings, watch, and some ten pounds odd, consisting of a five-pound note, gold and rdlver, lay on the dressing-table. He knew Mr Fossdyke perfectly; he wa9 often over iv Bunbury for a day or so, but usually got back to Baumborough to sleep. And now, wheezing and puffing with excitement, Mr Totterdell appears. He is a splendid specimen of that very aggravating species, the discursive witness ; convinced too at this present that the eyes of England are upon him, and will continue on him for no little time, for tho evidence he is about to give beforo the corrner will but whet the curiosity of tho public for the disclosures ho wijl be likely to make at tbe trial, when everything he wishes to tell is drawn from him by the acute questioning of counsel. Mr Totterdell is happily oblivious of that other side of tendering important evidence — namely, the being turned inside out by a practical cross-examiner, a process that usually gives a witness of his description a literal approximation to what a cockchafer's feelings tnuat be with a pin through him. No buzz left in him, but as deadly gnawing at the vitals as even Prometheus endured on his rack. Now, the coroner, — who thoroughly understood his work, and was a tolerably firm, decisive mpn to boot, generally kept his jury in excellent order for instance, and promptly put a stop to irrelevant tendencies in Marlinsons or Bill Gibbonses, — had this one weakness, he couldn't harden his heart to cut a gentleman short in similar fashion. Mr Totterdell, town councillor of Bdiunborough, in his eyes claimed indulgence not to be granted to witnesses of more plebUu positions, and that worthy gentleman commenced his evidence with a little homily concerning his regret that he and the deceased had not of late been on intimate terms. Nobody regretted it more than he did, but it waa not his fault. It all arose from, that fatal reticence that waa the blot in poor Fossdyke'h character, add here Mr Totterdell looked around, as if to "point but to the spectators the flood of light he was letting in upon the case. The Coroner, who had been fidgetting in his chair for some minutes, took advantage of th* pause to say, ' You must pardon my remarking, Mr Totterdell, that ull this has nothing to do with the enquiry, and that I mu^t request you to confine yonr evidence to what you may know of Mr Foxborough.' 'I am beginning my story, sir, from the first ; it is not probable that any one can throw such a light upon this awful crime as myself, and I must request,' continued Mr Totterdell. 1 You're perfectly right, Mr Coroner,' struck in Mr Trail ; 'as watching the case for the Ciown I have no hesitation in pointing out first that the witness's evidence so far is utterly irrevelant to the matter in hand, and. in the second place, I am requested to ray that these details are likely to be peculiarly painful to the deceased's family. 'As I said before, Mr Totterdell,' remarked the coroner, ' I must beg you to reetrict your evidence to your personal knowledge of Mr Foxborouijh for the present, and what took place between you at Baumborough. If you have norMnjr to tell us on this point we will not dutaiu you any longer.' If the Coroner had studied for weeks how to extinguish the discursive Tottordell he could have set upon nothieur so effectual. The bare idea that his evidence might be di-pensed with gave that geritlpman a cold shiver. It was in a much more submissive manner that he rejoined, ' I was only anxious to make things as clear as possible, and am sorry that the truth hhouH be offensive to my goddaughter, Mrs Fofsdyke, but if, sir, in a preliminary inquiry like this, you desire condensed evidence, of course I can gire yon a sketch of what I have to tell.' * Preliminary inquiry,' • Sketch of whni he had to tell ' — these two phrases put the coroner on his mettle. He had no idea of his court being looked at in that light, and the impertinence of suggesting that an outline of evidence was sufficient for his enquiry made that official modify his views about treating Mr Totterdell with much consideration not a little. 4 1 have only to say, Mr Totterdell, that this investigation cannot go on for ever,' he remarked sharply. •If you have anything to tell us perhaps you will be kind enough to do so at once without further rambling ; if not, I will hear the next witness.' The fear of not being allowed to tell his story at once coerced Mr Totterdell into tellin? it as far aa in him lay without amplifications, and supported by Mr Trail, the coroner, determined to pull the garrulous old gentleman up sharply if he attempted any such wild digression as he had commenced with ; but to narrate what we know or have seen succinctly is only given to the few, and men of the Totterdell stamp can no more help being diffuse on occasions of this kind than they can help breathing. Tho clear, concise account, so prized by lawyers, scientific enquirer?, medical men, &c. — all, in short, who wish to arrive at facts quickly as may be — is not possible to many from whom they are compelled to collect evidence. Mr Totterdell, in vague, wandering fashion, disclosed how he had made the acquaintance of the stranger at the opening of the Bautuborough theatre, his curiortity about who people were, his especial curiosity with regard to the deceased, how the stranger had ev^n requested him to spell the name of Fossdyke, how he had asked who Miss Hyde was, and here Mr Totterdell would have been wildly discursive if the coroner had not intervened. Pulled up abruDtly on this point tbe old gentleman narrated, with sundry shrugs and grimaces, how he had picked up the music hall bill, and so arrived at the stranger's name, 'and thu«,' he added, looking round for applause and posing as if receiving the freedom of the city in a gold box, ' was enabled to give valuable information to the police and be of inestimable service to my country.' And neither the goose that saved the Capitol, nor the first Stewart discovering the Gunpowder Plot, ever looked half so sagacious as Mr Tottordell at this juncture. Nobody in the room had listened more closely to Mr Totterdell's evidence than Sergeant Usher; indeed, although keeping himself seduloufcly in the back grouud, not even Mr Trail was keeping a keener watch over the c;ise. 'Pretty conclusive, that, I should say,' remarked Inspector Thresher, as he crossed over to where the sergeant was seated. 1 Ho told all he knew, and was very anxious to tell a deal more he didn't. Wh it a wasteful creature of time it is. It was well the Coroner responded mo quickly to Mr Trail, just to curb him up a I bit,'

1 What does this next witness knowabout it ?' • Well, to tell you the plain triith, Thresher, that's juat what I am a little curious to see, 1 rejoined the sergeant. • I oan't see how a young 1 woraou from London oan throw much light on it.' 'Lord! there's no knowing,' rejoined the Sergeant, quietly. ' It's astonishing the light I've seen thrown upon things by young 1 women in my time.' Ellen Majtland, a nice looking, quietly dressed pirl, here stepped forward and answered to her name. She seemed very nervona, and waa obviously much diatressed. She was parlour-maid, she said, to Mrs Foxborough, at Tapton Cottage, Regent's Park. Did not know what .she had been summoned here for. Had heard of the mnrd«r, but knew nothing whatever of Mr Fos.sdyke. Had uover seen or even heard of him till the last two days. Her master was much away from home; had last seen him about a week ago at Tapton Cottage. Knew that he was suspected of this crimo, but felt nure that he had nothing to do with \t. The coroner looked a little impatiently at Inspeetdr Thresher, a1?a 1 ? much as to say, 1 Producing witnesses like this is simply frittering away the time of the court' Inspector Thresher on his part looked round for Serpeant Usher, who in reality was respoasible for Ellen Maitland's appearance, but. that worthy was nowhere to be seen. The Coroner signified that he had no 'further occasion for the witness, and she was about to leave the table, when Mr Trail suddenly rose and said, ' With your permission, Mr Coroner, I have a question or two to put to this young woman." The Coroner signified his assent. Then, almost with the dexterity of a conjurer, Mr Trail produced that quaint Eastern dagger that has played so prominent a part in the history of this crime, and turning abruptly on Ellen Maitland asked—" Had she ever seen that before ?' The girl half uttered a low cry of dismay, for she had read enough in the papers to know what that, weapon was. She hesitated for a moment, and then faltered forth a reluctant 'Yes.' ' Where had she seen it ?' 'At Tapton Cottage. It was sometimes in the drawing-room, but more generally in Ml* Foxborough'a own room.' ' Good heavens, Phil !' whispered Herbert Morant, * I know that dagger well. I've played with it often. Its nominal use was that of a paper cutter, but a knick-knack moro described its status than any other term.' ' I am sorry for you,' returned Soamea, as he gripped his friend's hand. 'I begin to fear your trouble is likely to prove worse than my own.' 1 What do you think ?' asked Herbert, in awe-struck whisper. ' Hush,' replied Phil. 'I only know that things are looking very ugly for Mr Foxborough. Where can he be ? It is almost preposterous to suppose in these days he can possibly be ignorant of the awful indictment against him ; of the awful crime with which he is charged.' llt will be terrible news for me to , take back to London,' murmured Morant in tremulous tones. 1 'It looks bad,' rejoined Phil, ' but we havn't heard it out yet.' •Do you know,' resumed Mr Trail, ' whether Mr Foxborough took this away with him when he last left London ?' The witness could not say, not to her knowledge at all events. ' When dirl you first miss it ?' C I have never missed it. I didn't notice that it had disappeared, 'Then for all you know positively,' observed Mr Trail, ' that dagger might be actually in Tapton Cottage at thia moment !' ' It might,' but the witness remembered that she had not seen it lately ; •if that was uot the same dagger it was the very ditto of it.' Mr Trail then intimated that he had no other questions to put, and Inspector Thresher informed the coroner that he had no further evidence to produce. Poor Ellen Majtland retired in a .somewhat tearful state, produced by the fear that she had somehow worked woe to her mistress, for whom she had the greatest admiration and respect. And then the coroner proceeded to sum up. He oommented first on the medical testimony, which as he pointed out was at variance, whereas Doctor Duncombe rather inclined to believe it a case of suicide, Doctor Ingleby was strongly of opinion that the wound was not self-inflicted. It was quite clear that whoever No. 11 might be, that the deceased recognised him under the name of Foxborough, and asked for him by that appellation. The evidence of Mr Totterdell was as yet of small account, as he could not identify the stranger as James Foxborough, the dropped music-hall bill of course going for nothing ; tut, if in consequence of their verdict Foxborongh should be apprehended then Mr TotterdeU's evidence as to his identity or not with the stranger at the theatre would be of the highest importance. He was only calling the attention of the jury to the more salient points of the evidence and the testimony of the last witness perhaps tended more to implicate Foxborough than anything else. Ellen Maitland identified the wea- \ pon with which the crime had been committed as her master's property. The motive for this murder, if murder you consider it, was so far uuapparcnt, but that is by nc means uncommon in crimes of thia description. The facts were briefly these : 'Mr Fossdyke comes to the Hopbine to dine with a strange gentleman, whom he before the landlord and waiter recognises us Mr Foxborough; they undoubtedly have some dispute in the course of the evening. Mr Foxborough leaves the first thing next morning, and has not since been heard of, while in the afternoon his guest is found ] stabbed through the heart, and the peculiar weapon with which the crime was accomplished is proved to be the property of the still absent Foxborough. Of ! course, geutlemen, you may find it suicide, but in the event of your finding if 1 murder, I would submit to your consideration whether you are not justified in returning a verdict of wilful mnrder against James Foxborough.' There was a brief consultation among the jury, and then the foreman intimated to the coroner that they had arrived at a conclusion, and, in response to the customary interrogatory on his part, the foreman returned, on behalf of himself and brethren, a verdict of '• Wilful murder against James Foxborough." The verdict was quite in accordance with popular expectation, and yet the day's proceedings had influenced some of the lookers-on in a way they little expected. Mr Sturton, for instance, now that a verdict of wilful murder was actually recorded against the missing Foxborough, was perturbed in his mind about that loan of six thousand pounds of which he found the major part not a fortnight ago. It is not that he is anxious about his money, that he knows is well secured, but he is not clear whether it is not his duty to communicate with the police, and let thorn know how well furnished with funds the fugitive is. He has as much horror of being mixed up in a case of this kind as Mr Totterdell has pride, and yet he would fain, aa a law abiding citizen, to do his duty to the State ; still he thinks, as he wenis his way to the station, there is no noces-iity for immediate action. Ir, will be time enough to communicate with Scotland Yard a dny or two henor. 4 It'«, of ooui'B9, useless asking you, to i come back with me, He.cbi.ru,' and

Soames, • but remembering in a week or ' two, when we have a little got over all this trouble, I shall expect you to pay me your deferred visit." I I am only too anxious to do so, but I must go back to -night. You were flaying it was a cruel task me having to break the sad tidinga of her husbands death to Mrs Fossdyko, but think, Phil, the story I have got to tell when I reach London ; to tell these unfortunate ladies what A coroner's inqUest has branded their husband and father. ' 'It's hard— oruel hard,' replied Soames as he gripped his friond's hand. 'God send you well through it, old man. 1 • One moment, Dr. Ingleby,' said »' voice in his ear, as he was about to fellow Phil into the Bunbury train,' "but have you made out anything 1 about that letter?' II Ho, lam sorry to tell you that so far all search for it Has proved fruitless : you still attach great iinportanoe to its discovery ?" 1 I told you that, sir, 1 replied Sergeant Usher, 'I told you that letter was worth a hundred pounds a few days ago. Well, «ir, I tell you it's worth two hundred now,' and with that mysterious commentary on the result of the day's proceeding the sergeant disappeared.