Strong Poison

I

There were crimson roses on the bench; they looked like splashes of blood.

The judge was an old man; so old, he seemed to have outlived time and change and death. His parrot face and parrot voice were dry, like his old, heavily veined hands. His scarlet robe clashed harshly with the crimson of the roses. He had sat for three days in the stuffy court, but he showed no sign of fatigue.

He did not look at the prisoner as he gathered his notes into a neat sheaf and turned to address the jury, but the prisoner looked at him. Her eyes, like dark smudges under the heavy square brows, seemed equally without fear and without hope. They waited.

“Members of the jury—”

The patient old eyes seemed to sum them up and take stock of their united intelligence. Three respectable tradesmen—a tall, argumentative one, a stout, embarrassed one with a drooping moustache, and an unhappy one with a bad cold; a director of a large company, anxious not to waste valuable time; a publican, incongruously cheerful; two youngish men of the artisan class; a nondescript, elderly man, of educated appearance, who might have been anything; an artist with a red beard disguising a weak chin; three women—an elderly spinster, a stout capable woman who kept a sweet shop, and a harassed wife and mother whose thoughts seemed to be continually straying to her abandoned hearth.

“Members of the jury—you have listened with great patience and attention to the evidence in this very distressing case, and it is now my duty to sum up the facts and arguments which have been put before you by the learned Attorney General and by the learned Counsel for the Defence, and to put them in order as clearly as possible, so as to help you in forming your decision.

“But first of all, perhaps I ought to say a few words with regard to that decision itself. You know, I am sure, that it is a great principle of English law that every accused person is held to be innocent unless and until he is proved otherwise. It is not necessary for him, or her, to prove innocence; it is, in the modern slang phrase, ‘up to’ the Crown to prove guilt, and unless you are quite satisfied that the Crown has done this beyond all reasonable doubt, it is your duty to return a verdict of ‘Not Guilty.’ That does not necessarily mean that the prisoner has established her innocence by proof; it simply means that the Crown has failed to produce in your minds an undoubted conviction of her guilt.”

Salcombe Hardy, lifting his drowned violet eyes for a moment from his reporter’s notebook, scribbled two words on a slip of paper and pushed them over to Waffles Newton. “Judge hostile.” Waffles nodded. They were old hounds on this blood trail.

The judge creaked on.

“You may perhaps wish to hear from me exactly what is meant by those words ‘reasonable doubt.’ They mean, just so much doubt as you might have in everyday life about an ordinary matter of business. This is a case of murder, and it might be natural for you to think that, in such a case, the words mean more than this. But that is not so. They do not mean that you must cast about for fantastical solutions of what seems to you plain and simple. They do not mean those nightmare doubts which sometimes torment us at four o’clock in the morning when we have not slept very well. They only mean that the proof must be such as you would accept about a plain matter of buying and selling, or some such commonplace transaction. You must not strain your belief in favour of the prisoner any more, of course, than you must accept proof of her guilt without the most careful scrutiny.

“Having said just these few words, so that you may not feel too much overwhelmed by the heavy responsibility laid upon you by your duty to the State, I will now begin at the beginning and try to place the story that we have heard, as clearly as possible before you.

“The case for the Crown is that the prisoner, Harriet Vane, murdered Philip Boyes by poisoning him with arsenic. I need not detain you by going through the proofs offered by Sir James Lubbock and the other doctors who have given evidence as to the cause of death. The Crown says he died of arsenical poisoning, and the defence do not dispute it. The evidence is, therefore, that the death was due to arsenic, and you must accept that as a fact. The only question that remains for you is whether, in fact, that arsenic was deliberately administered by the prisoner with intent to murder.

“The deceased, Philip Boyes, was, as you have heard, a writer. He was thirty-six years old, and he had published five novels and a large number of essays and articles. All these literary works were of what is sometimes called an ‘advanced’ type. They preached doctrines which may seem to some of us immoral or seditious, such as atheism, and anarchy, and what is known as free love. His private life appears to have been conducted, for some time at least, in accordance with these doctrines.

“At any rate, at some time in the year 1927, he became acquainted with Harriet Vane. They met in some of those artistic and literary circles where ‘advanced’ topics are discussed, and after a time they became very friendly. The prisoner is also a novelist by profession, and it is very important to remember that she is a writer of so-called ‘mystery’ or ‘detective’ stories, such as deal with various ingenious methods of committing murder and other crimes.

“You have heard the prisoner in the witness box, and you have heard the various people who came forward to give evidence as to her character. You have been told that she is a young woman of great ability, brought up on strictly religious principles, who, through no fault of her own was left, at the age of twenty-three, to make her own way in the world. Since that time—and she is now twenty-nine years old—she has worked industriously to keep herself, and it is very much to her credit that she has, by her own exertions, made herself independent in a legitimate way, owing nothing to anybody and accepting help from no one.

“She has told us herself, with great candour, how she became deeply attached to Philip Boyes, and how, for a considerable time, she held out against his persuasions to live with him in an irregular manner. There was, in fact, no reason at all why he should not have married her honourably; but apparently he represented himself as being conscientiously opposed to any formal marriage. You have the evidence of Sylvia Marriott and Eiluned Price that the prisoner was made very unhappy by this attitude which he chose to take up, and you have heard also that he was a very handsome and attractive man, whom any woman might have found it difficult to resist.

“At any rate, in March of 1928, the prisoner, worn out, as she tells us, by his unceasing importunities, gave in, and consented to live on terms of intimacy with him, outside the bonds of marriage.

“Now you may feel, and quite properly, that this was a very wrong thing to do. You may, after making all allowances for this young woman’s unprotected position, still feel that she was a person of unstable moral character. You will not be led away by the false glamour which certain writers contrive to throw about ‘free love,’ into thinking that this was anything but an ordinary, vulgar act of misbehavior. Sir Impey Biggs, very rightly using all his great eloquence on behalf of his client, has painted this action of Harriet Vane’s in very rosy colours; he has spoken of unselfish sacrifice and self immolation, and has reminded you that, in such a situation, the woman always has to pay more heavily than the man. You will not, I am sure, pay too much attention to this. You know quite well the difference between right and wrong in such matters, and you may think that, if Harriet Vane had not become to a certain extent corrupted by the unwholesome influences among which she lived, she would have shown a truer heroism by dismissing Philip Boyes from her society.

“But, on the other hand, you must be careful not to attach the wrong kind of importance to this lapse. It is one thing for a man or woman to live an immoral life, and quite another thing to commit murder. You may perhaps think that one step into the path of wrongdoing makes the next one easier, but you must not give too much weight to that consideration. You are entitled to take it into account, but you must not be too much prejudiced.”

The judge paused for a moment, and Freddy Arbuthnot jerked an elbow into the ribs of Lord Peter Wimsey, who appeared to be a prey to gloom.

“I should jolly well hope not. Damn it, if every little game led to murder, they’d be hanging half of us for doin’ in the other half.”

“And which half would you be in?” enquired his lordship, fixing him for a moment with a cold eye and then returning his glance to the dock.

“Victim,” said the Hon. Freddy, “victim. Me for the corpse in the library.”

“Philip Boyes and the prisoner lived together in this fashion,” went on the judge, “for nearly a year. Various friends have testified that they appeared to live on terms of the greatest mutual affection. Miss Price said that, although Harriet Vane obviously felt her unfortunate position very acutely—cutting herself off from her family friends and refusing to thrust herself into company where her social outlawry might cause embarrassment and so on—yet she was extremely loyal to her lover and expressed herself proud and happy to be his companion.

“Nevertheless, in February 1929 there was a quarrel, and the couple separated. It is not denied that the quarrel took place. Mr. and Mrs. Dyer, who occupy the flat immediately above Philip Boyes’, say that they heard loud talking in angry voices, the man swearing and the woman crying, and that the next day, Harriet Vane packed up all her things and left the house for good. The curious feature in the case, and one which you must consider very carefully, is the reason assigned for the quarrel. As to this, the only evidence we have is the prisoner’s own. According to Miss Marriott, with whom Harriet Vane took refuge after the separation, the prisoner steadily refused to give any information on the subject, saying only that she had been painfully deceived by Boyes and never wished to hear his name spoken again.

“Now it might be supposed from this that Boyes had given the prisoner cause for grievance against him, by unfaithfulness, or unkindness, or simply by a continued refusal to regularise the situation in the eyes of the world. But the prisoner absolutely denies this. According to her statement—and on this point her evidence is confirmed by a letter which Philip Boyes wrote to his father—Boyes did at length offer her legal marriage, and this was the cause of the quarrel. You may think this a very remarkable statement to make, but that is the prisoner’s evidence on oath.

“It would be natural for you to think that this proposal of marriage takes away any suggestion that the prisoner had a cause of grievance against Boyes. Anyone would say that, under such circumstances, she could have no motive for wishing to murder this young man, but rather the contrary. Still, there is the fact of the quarrel, and the prisoner herself states that this honourable, though belated, proposal was unwelcome to her. She does not say—as she might very reasonably say, and as her counsel has most forcefully and impressively said for her, that this marriage offer completely does away with any pretext for enmity on her part towards Philip Boyes. Sir Impey Biggs says so, but that is not what the prisoner says. She says—and you must try to put yourselves in her place and understand her point of view if you can—that she was angry with Boyes because, after persuading her against her will to adopt his principles of conduct, he then renounced those principles and so, as she says, ‘made a fool of her.’

“Well, that is for you to consider: whether the offer which was in fact made could reasonably be construed into a motive for murder. I must impress upon you that no other motive has been suggested in evidence.”

At this point the elderly spinster on the jury was seen to be making a note—a vigorous note, to judge from the action of her pencil on the paper. Lord Peter Wimsey shook his head slowly two or three times and muttered something under his breath.

“After this,” said the judge, “nothing particular seems to have happened to these two people for three months or so, except that Harriet Vane left Miss Marriott’s house and took a small flat of her own in Doughty Street, while Philip Boyes, on the contrary, finding his solitary life depressing, accepted the invitation of his cousin, Mr. Norman Urquhart, to stay at the latter’s house in Woburn Square. Although living in the same quarter of London, Boyes and the accused do not seem to have met very often after the separation. Once or twice there was an accidental encounter at the house of a friend. The dates of these occasions cannot be ascertained with any certainty—they were informal parties—but there is some evidence that there was a meeting towards the end of March, another in the second week in April, and a third some time in May. These times are worth noting, though, as the exact day is left doubtful, you must not attach too much importance to them.

“However, we now come to a date of the very greatest importance. On April 10th, a young woman, who has been identified as Harriet Vane, entered the chemist’s shop kept by Mr. Brown in Southampton Row, and purchased two ounces of commercial arsenic, saying that she needed it to destroy rats. She signed the poison book in the name of Mary Slater, and the handwriting has been identified as that of the prisoner. Moreover, the prisoner herself admits having made this purchase, for certain reasons of her own. For this reason it is comparatively unimportant—but you may think it worth noting—that the housekeeper of the flats where Harriet Vane lives has come here and told you that there are no rats on the premises, and never have been in the whole time of her residence there.

“On May 5th we have another purchase of arsenic. The prisoner, as she herself states, this time procured a tin of arsenical weedkiller, of the same brand that was mentioned in the Kidwelly poisoning case. This time she gave the name of Edith Waters. There is no garden attached to the flats where she lives, nor could there be any conceivable use for weedkiller on the premises.