Chapter XXVII

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The Indictment

During the short interval, in which the coroner took a final glance over his notes, there was a general stirring among the occupants and a suggestion of preparation for the next act. Jurymen re-settled themselves in their seats, reporters straightened their backs, and looked about them, the police officers and the spectators conversed in low undertones. At length the coroner laid on the table before him a single sheet of paper--probably an abstract of the evidence--sat back in his chair, and looked towards the jury; whereupon a deep silence fell upon the court, and he began his address:

“It is hardly necessary to remind you, gentlemen, that we are assembled for the purpose of ascertaining how, when, and by what means Lewis Otway came by his death; but it may be necessary to remark that our enquiry is not entirely concerned with the immediate causes of that death, but is also--and in fact, principally--concerned with the more remote contributory circumstances. For in this case, the ‘How, when, and by what means’ are simple enough. We have the testimony of an eye-witness who saw the deceased hanging dead, from a peg on the wall, under conditions strongly suggestive--in fact characteristic--of suicide; and we have the testimony of the deputy-police surgeon that all the appearances were those of suicide, and we have his expert opinion that the cause of death was undoubtedly suicidal hanging. Indeed, we may say that the immediate cause of death is self-evident, and that the whole of our enquiry is concerned with the remote causes. We are not asking ‘Did this man commit suicide?’ for the evidence of the first two witnesses settled that question. We are asking ourselves, Why did he commit suicide? The questions that we have to answer are, Was that suicide the spontaneous act of the deceased, for which he alone is responsible? Or was deceased driven to suicide by the deliberate, purposive, and malicious acts of some other person, or persons? And if the latter appears to be the case, Who is, or are, that person or persons, and what degree of criminal responsibility attaches to such acts?

“Now we have at our disposal a considerable mass of rather miscellaneous evidence, and, I think the best way to deal with it will be to sketch out lightly the general course of events, and fill in the details later. The deceased, Lewis Otway, is the central figure of our picture, and the history that we have to trace, is his history. As to what we may call his past, that does not much concern us. Among the Ancient Egyptians the deceased was conceived as being brought before the tribunal of Osiris to answer for his conduct during his earthly life. We are not a tribunal of that kind. We are not trying Lewis Otway. If, as the police suspect, he had feathered his nest with a certain amount of illicit plumage, that is not our concern. Our interest in him is mainly confined to his connection with a particular series of events which began with his marriage and ended with his death. Let us now trace that succession of events, at first in outline, and then in more detail.

“Lewis Otway first comes into our view on the occasion of his marriage. As presented in the evidence of his widow, Helen Otway, that marriage offers us the spectacle of an act of the most amazing folly. We see an elderly man--and an unattractive one at that, as you must have observed--marrying by compulsion, under threats, and greatly against her wishes, a young woman, of very unusual physical attractions, of great talent, and of exceptional mental gifts, and strength of character. You have seen this lady, and have heard her give her evidence, and you can confirm my description of her.

“It was, I repeat, an act of amazing folly. For she must, in any case, have detested him. His conduct towards her was cruel and unscrupulous to the last degree, and in marrying her he could not fail to introduce a bitter enemy into his household. But there were added causes for that repugnance to him which she has freely admitted. In the first place, she believed that her consent had been secured by actual fraud. And in the second place, Otway’s action was the undoubted cause--whether directly or indirectly, we need not enquire at this stage--of John Vardon’s death. So that our history opens with the tableau of an elderly man who has married a young, beautiful, and clever wife, who loathes him, and has abundant reason for loathing him.

“And now we pass on to the second scene--a scene almost more amazing than the first. Within an hour or two of the marriage ceremony, the young wife has repudiated the marriage, and demanded a separation for an indefinite period--practically a permanent separation. But it is not the demand that is so astonishing. The really astounding thing is that the husband seems to have agreed to this demand without demur. Consider the extraordinary inconsistency of his conduct. On the one hand we see this man, in his eagerness to possess this beautiful girl, trampling without scruple on her happiness, and her father’s, oblivious of everything but his own desires; on the other, we see him meekly submitting to a demand which--natural as it may have been--the law would not have supported.

“Whence this sudden compliance? Why did he consent? He need not have consented. The marriage was quite regular. No suit for nullity could have been sustained, whereas he could have sued at once for restitution. Why did he agree in this incomprehensible manner to surrender his unquestionable rights?

“But this is not the only inconsistency. The conduct of the wife is even more inexplicable. When Otway gave evidence at the inquest on Mr. Vardon he omitted all reference to the loaded stick; which is not unnatural, seeing that it was a highly incriminating circumstance. But that suppression of a material fact made his evidence, in effect, false evidence. For the truth is, according to the terms of the witnesses oath, the whole truth. Yet Helen Otway, when she gave evidence, confirmed this virtually false testimony; and she also suppressed--or, at least, omitted--the facts relating to the loaded stick. Her explanation is that, feeling convinced that her father died from a heart attack, she did not consider the stick incident of any importance. In estimating the credibility of that explanation you will bear in mind that the verdict was ‘Death from natural causes,’ but that the jury were not in possession of the facts. You will also bear in mind that this woman had seen her father lying dead, with a wound on his head, and this man, whom she loathed, and detested, standing over the body, grasping a formidable weapon. But whatever view you take of the explanation, the fact remains that at the inquest she not only refrained from accusing him, but she withheld a material fact which, if it had been disclosed, might have put Otway in the dock on a charge of murder.

“Here, then, are two cases of incomprehensible inconsistency of conduct. But they are only incomprehensible so long as they are considered separately. Consider them together and a perfectly intelligible suggestion emerges. The husband had the power to compel his wife to live with him--and he did not exercise it. The wife had the power to expose the husband to a suspicion of having committed a capital crime--and she did not exercise it. The appearance is that of a surrender by each of the power to injure the other; in short, of a bargain or agreement, involving collusion to suppress evidence.

“But this suggestion of collusion raises another question, which we shall consider later, but which we may note in passing. What was really the cause of Mr. Vardon’s death? Did he die from natural causes as the coroner’s jury believed and affirmed? Or was his death due to violence inflicted by Otway? It is by no means clear that Otway did not kill him, either inadvertently or with malice. And supposing Otway to have killed Mr. Vardon, was the fact known to Helen Otway? If it was, Otway’s easy compliance is the more readily understood; for he would be absolutely in his wife’s power. But we shall consider these points at more length presently, and perhaps we may get further light on them from the evidence of Dr. Thorndyke--if he should arrive before the verdict is agreed on.

“The next phase of this drama opens about two months after the marriage. On the 21st of June, the deceased received an anonymous letter, the first of a series of seven, which were sent thereafter at fairly regular intervals of about a fortnight. Now, let us consider those letters from various points of view in relation to their probable authorship. You have heard them read, and know their general purport. They all contain veiled threats to make certain exposures. Some are vague and some are more explicit, but there is a general crescendo note, culminating in the last letter, which pretty openly makes an accusation of murder and threatens criminal proceedings.

“First, what is the purpose of these letters? It is clearly not to levy blackmail. They hold out menaces, but there is no suggestion of an attempt to extort money. Those menaces are incomprehensible until we supply an explanatory fact. The man to whom these letters were sent suffered from a strong inherited predisposition to suicide. The very obvious inference to which we are forced, in the absence of any other explanation, is that the purpose of these letters was to convert that latent tendency into action--to produce a state of mind in which the deceased would be likely to take his own life.

“But that purpose implies knowledge on the part of the writer that this inherited tendency existed, and consequently limits the possible authorship to persons possessing such knowledge. The only persons known by us to possess such knowledge are deceased’s own family. His widow has sworn that she had no knowledge of this tendency, and if you believe her statement to be true, you will tend to exclude her from the possible authorship of these letters.

“Next we have to consider the characters of the letters themselves. They all bear the East-London postmark, but there is not much in that. Anonymous letter-writers commonly post their letters in districts remote from their own residences. Still, we must take it into consideration. The two persons known to us who occupy premises in East London are Morris Goldstein and Helen Otway.

“Then as to the style of the letters. They are rather markedly uneducated in manner. The composition is ungrammatical and the phraseology vulgar. But that does not help us much; for, on the one hand, none of the persons known to us is grossly uneducated, and on the other it is usual for anonymous letter-writers to disguise their personality. Obviously, it is easy enough for an educated person to write an apparently illiterate letter.

“The next point is a much more important one. We have decided that the purpose of these letters was to produce in the deceased a state of mind which would render his suicide probable. Now, what was the motive behind that purpose? Who could have wished deceased to commit suicide, and why should that person have wished it?

“The possible motives in this case are, in effect, the usual motives of murder, with full premeditation, viz:--Revenge, or hatred; direct profit; and indirect profit by the elimination of an undesired person. Let us consider each of these motives in relation to the known facts of this case.

“First as to hatred or revenge. The only persons known to us are the family of deceased and his wife. His family certainly had a grievance against him, for the children were illegitimate, and the mother was unmarried. But it was an old grievance, and the family appeared to be on quite amicable terms. The children were quite well provided for, and their mother continued to live with deceased. There was, indeed, a new factor of possible discord. The deceased had married, and that marriage was manifestly to the disadvantage of his family; a fact of which it is necessary to take due account.

“When, however, we turn to the consideration of the wife, the facts are much more striking. She had suffered grievous injuries from deceased. He had ruined her life. He had virtually condemned her to perpetual spinsterhood, since she would not live with him and she could not marry anyone else. He had caused the death of her father; and she has admitted that she had an unconquerable repugnance to him. That is actually known to us; and there is a further possibility that he was actually her father’s murderer, though we must leave that out of consideration in the absence of positive evidence. But on the evidence which is before us, you will see that the motive of personal animosity is much more evident in the case of the wife than in that of the family.

“We now come to the motive of direct profit, and the question that we ask ourselves is, Who stood to benefit by the death of Lewis Otway? And as soon as we ask that question, a very striking fact comes into view. The first letter is dated by the postmark, the 21st of June. But on the 10th of that month--only eleven days previously--deceased had made a new will. By the provisions of that will Helen Otway stood to gain from eight to twelve thousand pounds by the death of her husband.

“But did anyone else stand to gain by Lewis Otway’s death? Observe that we are still dealing with the same group of persons--the only persons known to us in connection with the case. Well, the family of deceased stood to gain by his death, though to a much smaller extent. But the fact that must instantly impress us is the opposite effects of the new will on the family, and the wife respectively. The execution of the new will involved the revocation of a previous will, which had left the bulk of the estate to the family. The position of affairs is consequently this: up to the 10th of June, the family, jointly, stood to benefit by Lewis Otway’s death to the extent of the bulk of his estate and the wife did not stand to benefit at all; after the 10th of June the wife stood to benefit by Otway’s death to the extent of the bulk of his estate, and the family to a relatively small extent.

“But the first of the anonymous letters was sent almost immediately after the 10th of June. That is to say, it was sent almost immediately after the family had ceased to be and the wife had become the principal beneficiary.

“From the motive of direct profit we turn to that of indirect profit, by the elimination of a person whose existence was a hindrance, a danger, or an inconvenience. Is there anyone known to us who could have regarded deceased in that light? We cannot attribute any such view to his family, for, as I have said, they appear to have been on quite amicable terms, and deceased seems to have maintained an interest in his children’s welfare to the last. But what are we to say with regard to the wife? She was married, against her wishes, to a man, unsuitable in age, uncomely in appearance; a man whom she loathed--and had good reason to loathe; who, while she repudiated him as a husband, yet held her chained to him for life; who stood inexorably between her, and any marriage which she might wish to contract; whose existence condemned her for life to the dubious position of a married woman who is not living with her husband. Think, gentlemen, of this woman--young, handsome, clever, accomplished, capable; think of what life might have been to her, and what it was with this millstone hung round her neck! And then ask yourselves whether--apart from all pecuniary considerations--she did not stand to gain incalculably by his death; whether his elimination from her life would not have opened to her the gates of a world of happiness, and freedom.

“And it is here that the importance of that further evidence, which we unfortunately have not yet heard, appears. For if it should now transpire that Otway did actually kill John Vardon and that Helen Otway was privy to the homicide, then there would be yet another powerful reason why she should desire to be rid of him. But this evidence is not in our possession and we must, therefore, leave this aspect of the case out of our consideration. Nor is it essential. The facts within our knowledge are amply sufficient to enable us to answer the question whether Helen Otway’s position would or would not have been improved by the death of her husband.

“And now we come to something much more definite. Hitherto we have been dealing with the question: ‘Who _might_ have written these letters?’ We shall now consider the more specific question, ‘Who _could_ have written them?’

“There seems to be only one possible answer. The writer of those letters had knowledge that was possessed by only two persons--the deceased and his wife. One letter refers to something that was held back at the inquest. But who knew that anything had been held back at the inquest? No one, according to the evidence, but these two persons. Of course, it is possible that there may have been some watcher secreted in that house at Maidstone who knew that Lewis Otway had stood over the body of John Vardon with a loaded stick in his hand. But the evidence before us is to the effect that there was no one in the house but John Vardon, Lewis Otway, and Helen Otway. Consequently, unless Lewis Otway wrote these letters to himself, there is nobody, so far as we know, who could have written them but Helen Otway.

“The last letter refers explicitly to the loaded stick, and even describes its condition minutely and, as it appears, correctly. The writer had, therefore, presumably seen the stick and very probably had possession of it. But where was that stick? Deceased certainly did not know where it was; the housekeeper states that she had never seen it since that fatal morning, and Helen Otway has denied all knowledge of its whereabouts. No one knew what had become of it.

“But if its disappearance was a mystery, its reappearance is a greater mystery still. The account given by Helen Otway is obviously unsatisfactory. She went to the chambers, for no very apparent reason. When there she did not examine the various cupboards, drawers, and other receptacles; but she went direct to this particular cupboard, unlocked it, stood on tiptoe and looked on the shelf. And behold! there was the missing stick. She took it out, examined it, and put it back. And she not only put it back, but she went out of her way to inform a person who is to give evidence on this enquiry that the stick was to be found in that cupboard.

“Now, how did that stick get into that cupboard, and when was it put there? You have heard Mr. Isaacs swear that it was not there when he made out the inventory, and you will probably agree that he could hardly be mistaken. A stick is a fairly large and conspicuous object, whereas he was searching for a small and inconspicuous one. Clearly the stick was put into the cupboard after his search was made. But when he had finished, the chambers were locked up, and the keys remained in his possession until he delivered them up to Helen Otway. Bearing these facts in mind, you have to consider whether you can accept Mrs. Otway’s statement, or whether it is more probable that she took the stick to the chambers, and put it into the cupboard herself.

“We now come to the incidents of that terrible night. What really happened in those chambers on that occasion will probably never be known. But the accounts that we have are full of sinister suggestions. We cannot, for instance, but note the fact that after this, the first and only visit from his wife, Lewis Otway made away with himself. Why he did the dreadful deed on this particular occasion, and at this

## particular time, is not clear. According to his wife’s account he was

much calmer, and more cheerful after their talk, and she left him peacefully asleep. That is what she has told us. But what are the facts? Within an hour or two hours after she had left, his dead body was hanging from that peg. Nay! There is even a more dreadful possibility. The medical witness has told us that death took place about eleven, ‘But it might have been an hour later or earlier.’ So that it is physically possible--since Mrs. Otway left the chambers about ten--that the suicide may have actually taken place before she left. It is a horrible suggestion, and I should not have made it but for the fact that there are certain appearances which seem to support it.

“You must have been struck by the singular circumstance that when Mrs. Otway took her departure she left the gas full on, and the bedroom door open. You have heard her explanation, but we are not concerned with that for the moment. The remarkable thing is that in the morning, the gas was still full on, and the bedroom door still open. Now how could that have been? If deceased was asleep when his wife left, then he must have arisen, made his preparations, and finally hanged himself, not only with the gas full on--which might easily have been the case--but with the door open, which is improbable in the extreme. Men do not usually commit suicide _coram publico_. Commonly suicides lock themselves in their rooms or otherwise seek security from interruption. Yet this man, whose bedroom opened directly into the living-room and whose housekeeper might still have been about, cuts down the bell-rope, arranges the chair and hangs himself, all in a brightly-lighted room with the door open. It is certainly against common probabilities.

“But there are other suggestions of a similar tendency. If the fully-lighted gas and the open door suggest a hurried and agitated departure, so does the forgotten hand-bag containing the purse. And you will have noted that Mrs. Otway remembered that she had left her purse behind when she hailed a cab at the corner of Holywell Street. Now why did she not go back for it? She was quite near Lyon’s Inn. She could have left the cab waiting, or brought it to the gate. She says she did not like to disturb Mrs. Gregg. But she has also said that she thought that Mrs. Gregg was still up and about. The explanation is not convincing, but on the other hand there is a strong suggestion of dislike to the idea of going back--a dislike which we can understand well enough if we believe that the tragedy had already been enacted, and that the body was even then hanging on the wall.

“Then, too, the disappearance of the precious stones points in the same direction. They might have been taken when the deceased was asleep; but the theft would have been far easier if he was dead. But, of course, we cannot say with certainty that Helen Otway took the stones. We can only consider the evidence. That evidence, however, is almost overwhelmingly strong. It goes to show that the stones were in the deed-box within half-an-hour of Helen Otway’s arrival. There is no reason to suppose they were then removed. It is practically certain that they were there when she arrived, and they were never seen there or anywhere else after she left. And there is a further corroborative circumstance. To ordinary persons unmounted precious stones illicitly obtained are difficult to dispose of. But this woman is not an ordinary person; she is a working goldsmith and jeweller who buys her own materials and sells the finished works to individual buyers. She could easily dispose of stolen gems in a manner that would render them untraceable.

“The theft of these stones is not directly our business. It is that of the police. But indirectly it is of great importance. For it furnishes strong support to the suggestion that deceased was already dead when Helen Otway took her hurried departure. But what is the importance of that suggestion? The answer to that question will be found in the consideration of certain further facts and certain points of criminal law.

“First, we must notice that if deceased committed suicide while Helen Otway was in the chambers, he must have done so with her consent and connivance. But was it only a matter of consent? Is there not a suggestion that some direct means may have been employed to induce or compel him to commit suicide? On this point we have very little information. But we have the evidence of Rachel Goldstein or Gregg that she overheard the conversation between Helen Otway and deceased on two separate occasions; and that on both occasions they seemed to be talking about suicide. There seems to be a strong suggestion that some active, direct, means were employed: persuasion, threats, or perhaps the mysterious agency of suggestion. We cannot say that it was so; but it would be in close agreement with the known circumstances and quite consistent with the course of action exhibited by the anonymous letters.

“Supposing such active, direct means to have been employed, what degree of criminal responsibility would their employment entail? With regard to the letters, though the moral responsibility for their effect is beyond question, I should hesitate to give an opinion as to the exact legal position. But in the case of direct means there is no doubt at all. The law on the subject is quite clear. Let us consider it for a moment.

“First as to the legal nature of suicide. In law, suicide is murder. It has been expressly laid down that a person cannot commit manslaughter on himself. But since suicide is necessarily murder, it follows that any person who is accessory to suicide is accessory to murder. If such person aids or abets any other person in so killing himself, that person is an accessory before the fact, or a principal in the second degree in the murder so committed; an accessory before the fact being defined as one who directly or indirectly counsels, procures, or commands any person to commit any felony or piracy which is committed in consequence of such counselling, procuring, or commandment.

“Here, then, is the importance of the matter. The criminal responsibility attaching to the anonymous letters may be involved in some obscurity; but if it can be proved that any person counselled, procured, or commanded the deceased to kill himself, that person can be dealt with as a principal in the second degree in the murder of deceased. It is for you to say whether, in your judgment, such action can be proved in the case of any person, and if so, who that person is.

“There is only one more item of evidence that I shall refer to, and that I shall touch upon only lightly. You have heard the witness Rachel Goldstein state that when she informed Helen Otway that deceased had hanged himself, Mrs. Otway fell down in a dead faint. You have heard the explanation that Mrs. Otway gave, and you must decide what weight you attach to it; whether you can regard this fainting as due to the shock of an unexpected tragedy, or as the culminating effect of prolonged and extreme nervous tension. In any case, its evidential value is but small.

“And now, as our expert witness has still not arrived, let us take a last look over the evidence to see what material we have for our verdict.” Here the coroner paused, and laying a number of sheets of paper in a row before him, glanced rapidly through them.

I watched him with a dreadful fascination, even as a bird might watch the stealthy approach of a snake, terrified, but despairing of any hope of escape. So I had listened to this terrible summing-up--all false and erroneous in detail, but so horribly true in regard to the central fact. Through that dense fog of error and false appearances the coroner had seen the essential truth; that Lewis Otway had gone to his death at my bidding. Like some great spider he had wound around me a network of horrid entanglements; and now he was about to wind up the final turns.

At length he looked up, and laid his hand on one of the papers. Then he turned once more towards the jury and began his summary of the evidence. And at that moment, unnoticed, apparently, by anyone save myself, Dr. Thorndyke entered silently by a side door, and seated himself on a vacant chair.

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