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The Red Thumb Mark
by R. Austin Freeman
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"Thank you, that is quite clear," said the judge, with a smile of deep content, such as is apt to appear on the judicial countenance when an expert witness is knocked off his pedestal. "We may now proceed, Mr. Anstey."

"You have told us," resumed Anstey, "and have submitted proofs, that it is possible to forge a thumb-print so that detection is impossible. You have also stated that the thumb-print on the paper found in Mr. Hornby's safe is a forgery. Do you mean that it may be a forgery, or that it actually is one?"

"I mean that it actually is a forgery."

"When did you first come to the conclusion that it was a forgery?"

"When I saw it at Scotland Yard. There are three facts which suggested this conclusion. In the first place the print was obviously produced with liquid blood, and yet it was a beautifully clear and distinct impression. But such an impression could not be produced with liquid blood without the use of a slab and roller, even if great care were used, and still less could it have been produced by an accidental smear.

"In the second place, on measuring the print with a micrometer, I found that it did not agree in dimensions with a genuine thumb-print of Reuben Hornby. It was appreciably larger. I photographed the print with the micrometer in contact and on comparing this with a genuine thumb-print, also photographed with the same micrometer in contact, I found that the suspected print was larger by the fortieth of an inch, from one given point on the ridge-pattern to another given point. I have here enlargements of the two photographs in which the disagreement in size is clearly shown by the lines of the micrometer. I have also the micrometer itself and a portable microscope, if the Court wishes to verify the photographs."

"Thank you," said the judge, with a bland smile; "we will accept your sworn testimony unless the learned counsel for the prosecution demands verification."

He received the photographs which Thorndyke handed up and, having examined them with close attention, passed them on to the jury.

"The third fact," resumed Thorndyke, "is of much more importance, since it not only proves the print to be a forgery, but also furnishes a very distinct clue to the origin of the forgery, and so to the identity of the forger." (Here the court became hushed until the silence was so profound that the ticking of the clock seemed a sensible interruption. I glanced at Walter, who sat motionless and rigid at the end of the bench, and perceived that a horrible pallor had spread over his face, while his forehead was covered with beads of perspiration.) "On looking at the print closely, I noticed at one part a minute white mark or space. It was of the shape of a capital S and had evidently been produced by a defect in the paper—a loose fibre which had stuck to the thumb and been detached by it from the paper, leaving a blank space where it had been. But, on examining the paper under a low power of the microscope, I found the surface to be perfect and intact. No loose fibre had been detached from it, for if it had, the broken end or, at least, the groove in which it had lain, would have been visible. The inference seemed to be that the loose fibre had existed, not in the paper which was found in the safe, but in the paper on which the original thumb-mark had been made. Now, as far as I knew, there was only one undoubted thumb-print of Reuben Hornby's in existence—the one in the 'Thumbograph.' At my request, the 'Thumbograph' was brought to my chambers by Mrs. Hornby, and, on examining the print of Reuben Hornby's left thumb, I perceived on it a minute, S-shaped white space occupying a similar position to that in the red thumb-mark; and when I looked at it through a powerful lens, I could clearly see the little groove in the paper in which the fibre had lain and from which it had been lifted by the inked thumb. I subsequently made a systematic comparison of the marks in the two thumb-prints; I found that the dimensions of the mark were proportionally the same in each—that is to say, the mark in the 'Thumbograph' print had an extreme length of 26/1000 of an inch and an extreme breadth of 14.5/1000 of an inch, while that in the red thumb-mark was one-fortieth larger in each dimension, having an extreme length of 26.65/1000 of an inch and an extreme breadth of 14.86/1000 of an inch; that the shape was identical, as was shown by superimposing tracings of greatly enlarged photographs of each mark on similar enlargements of the other; and that the mark intersected the ridges of the thumb-print in the same manner and at exactly the same parts in the two prints."

"Do you say that—having regard to the facts which you have stated—it is certain that the red thumb-mark is a forgery?"

"I do; and I also say that it is certain that the forgery was executed by means of the 'Thumbograph.'"

"Might not the resemblances be merely a coincidence?"

"No. By the law of probabilities which Mr. Singleton explained so clearly in his evidence, the adverse chances would run into untold millions. Here are two thumb-prints made in different places and at different times—an interval of many weeks intervening. Each of them bears an accidental mark which is due not to any peculiarity of the thumb, but to a peculiarity of the paper. On the theory of coincidences it is necessary to suppose that each piece of paper had a loose fibre of exactly identical shape and size and that this fibre came, by accident, in contact with the thumb at exactly the same spot. But such a supposition would be more opposed to probabilities even than the supposition that two exactly similar thumb-prints should have been made by different persons. And then there is the further fact that the paper found in the safe had no loose fibre to account for the mark." "What is your explanation of the presence of defibrinated blood in the safe?"

"It was probably used by the forger in making the thumb-print, for which purpose fresh blood would be less suitable by reason of its clotting. He would probably have carried a small quantity in a bottle, together with the pocket slab and roller invented by Mr. Galton. It would thus be possible for him to put a drop on the slab, roll it out into a thin film and take a clean impression with his stamp. It must be remembered that these precautions were quite necessary, since he had to make a recognisable print at the first attempt. A failure and a second trial would have destroyed the accidental appearance, and might have aroused suspicion."

"You have made some enlarged photographs of the thumb-prints, have you not?"

"Yes. I have here two enlarged photographs, one of the 'Thumbograph' print and one of the red thumb-print. They both show the white mark very clearly and will assist comparison of the originals, in which the mark is plainly visible through a lens."

He handed the two photographs up to the judge, together with the 'Thumbograph,' the memorandum slip, and a powerful doublet lens with which to examine them.

The judge inspected the two original documents with the aid of the lens and compared them with the photographs, nodding approvingly as he made out the points of agreement. Then he passed them on to the jury and made an entry in his notes.

While this was going on my attention was attracted by Walter Hornby. An expression of terror and wild despair had settled on his face, which was ghastly in its pallor and bedewed with sweat. He looked furtively at Thorndyke and, as I noted the murderous hate in his eyes, I recalled our midnight adventure in John Street and the mysterious cigar.

Suddenly he rose to his feet, wiping his brow and steadying himself against the bench with a shaking hand; then he walked quietly to the door and went out. Apparently, I was not the only onlooker who had been interested in his doings, for, as the door swung to after him, Superintendent Miller rose from his seat and went out by the other door.

"Are you cross-examining this witness?" the judge inquired, glancing at Sir Hector Trumpler.

"No, my lord," was the reply.

"Are you calling any more witnesses, Mr. Anstey?"

"Only one, my lord," replied Anstey—"the prisoner, whom I shall put in the witness-box, as a matter of form, in order that he may make a statement on oath."

Reuben was accordingly conducted from the dock to the witness-box, and, having been sworn, made a solemn declaration of his innocence. A brief cross-examination followed, in which nothing was elicited, but that Reuben had spent the evening at his club and gone home to his rooms about half-past eleven and had let himself in with his latchkey. Sir Hector at length sat down; the prisoner was led back to the dock, and the Court settled itself to listen to the speeches of the counsel.

"My lord and gentlemen of the jury," Anstey commenced in his clear, mellow tones, "I do not propose to occupy your time with a long speech. The evidence that has been laid before you is at once so intelligible, so lucid, and so conclusive, that you will, no doubt, arrive at your verdict uninfluenced by any display of rhetoric either on my part or on the part of the learned counsel for the prosecution.

"Nevertheless, it is desirable to disentangle from the mass of evidence those facts which are really vital and crucial.

"Now the one fact which stands out and dominates the whole case is this: The prisoner's connection with this case rests solely upon the police theory of the infallibility of finger-prints. Apart from the evidence of the thumb-print there is not, and there never was, the faintest breath of suspicion against him. You have heard him described as a man of unsullied honour, as a man whose character is above reproach; a man who is trusted implicitly by those who have had dealings with him. And this character was not given by a casual stranger, but by one who has known him from childhood. His record is an unbroken record of honourable conduct; his life has been that of a clean-living, straightforward gentleman. And now he stands before you charged with a miserable, paltry theft; charged with having robbed that generous friend, the brother of his own father, the guardian of his childhood and the benefactor who has planned and striven for his well-being; charged, in short, gentlemen, with a crime which every circumstance connected with him and every trait of his known character renders utterly inconceivable. Now upon what grounds has this gentleman of irreproachable character been charged with this mean and sordid crime? Baldly stated, the grounds of the accusation are these: A certain learned and eminent man of science has made a statement, which the police have not merely accepted but have, in practice, extended beyond its original meaning. That statement is as follows: 'A complete, or nearly complete, accordance between two prints of a single finger ... affords evidence requiring no corroboration, that the persons from whom they were made are the same.'

"That statement, gentlemen, is in the highest degree misleading, and ought not to have been made without due warning and qualification. So far is it from being true, in practice, that its exact contrary is the fact; the evidence of a finger-print, in the absence of corroboration, is absolutely worthless. Of all forms of forgery, the forgery of a finger-print is the easiest and most secure, as you have seen in this court to-day. Consider the character of the high-class forger—his skill, his ingenuity, his resource. Think of the forged banknotes, of which not only the engraving, the design and the signature, but even the very paper with its private watermarks, is imitated with a perfection that is at once the admiration and the despair of those who have to distinguish the true from the false; think of the forged cheque, in which actual perforations are filled up, of which portions are cut out bodily and replaced by indistinguishable patches; think of these, and then of a finger-print, of which any photo-engraver's apprentice can make you a forgery that the greatest experts cannot distinguish from the original, which any capable amateur can imitate beyond detection after a month's practice; and then ask yourselves if this is the kind of evidence on which, without any support or corroboration, a gentleman of honour and position should be dragged before a criminal court and charged with having committed a crime of the basest and most sordid type. "But I must not detain you with unnecessary appeals. I will remind you briefly of the salient facts. The case for the prosecution rests upon the assertion that the thumb-print found in the safe was made by the thumb of the prisoner. If that thumb-print was not made by the prisoner, there is not only no case against him but no suspicion of any kind.

"Now, was that thumb-print made by the prisoner's thumb? You have had conclusive evidence that it was not. That thumb-print differed in the size, or scale, of the pattern from a genuine thumb-print of the prisoner's. The difference was small, but it was fatal to the police theory; the two prints were not identical.

"But, if not the prisoner's thumb-print, what was it? The resemblance of the pattern was too exact for it to be the thumb-print of another person, for it reproduced not only the pattern of the ridges on the prisoner's thumb, but also the scar of an old wound. The answer that I propose to this question is, that it was an intentional imitation of the prisoner's thumb-print, made with the purpose of fixing suspicion on the prisoner, and so ensuring the safety of the actual criminal. Are there any facts which support this theory? Yes, there are several facts which support it very strongly.

"First, there are the facts that I have just mentioned. The red thumb-print disagreed with the genuine print in its scale or dimensions. It was not the prisoner's thumb-print; but neither was it that of any other person. The only alternative is that it was a forgery.

"In the second place, that print was evidently made with the aid of certain appliances and materials, and one of those materials, namely defibrinated blood, was found in the safe.

"In the third place, there is the coincidence that the print was one which it was possible to forge. The prisoner has ten digits—eight fingers and two thumbs. But there were in existence actual prints of the two thumbs, whereas no prints of the fingers were in existence; hence it would have been impossible to forge a print of any of the fingers. So it happens that the red thumb-print resembled one of the two prints of which forgery was possible.

"In the fourth place, the red thumb-print reproduces an accidental peculiarity of the 'Thumbograph' print. Now, if the red thumb-print is a forgery, it must have been made from the 'Thumbograph' print, since there exists no other print from which it could have been made. Hence we have the striking fact that the red thumb-print is an exact replica—including accidental peculiarities—of the only print from which a forgery could have been made. The accidental S-shaped mark in the 'Thumbograph' print is accounted for by the condition of the paper; the occurrence of this mark in the red thumb-print is not accounted for by any peculiarity of the paper, and can be accounted for in no way, excepting by assuming the one to be a copy of the other. The conclusion is thus inevitable that the red thumb-print is a photo-mechanical reproduction of the 'Thumbograph' print.

"But there is yet another point. If the red thumb-print is a forgery reproduced from the 'Thumbograph' print, the forger must at some time have had access to the 'Thumbograph.' Now, you have heard Mrs. Hornby's remarkable story of the mysterious disappearance of the 'Thumbograph' and its still more mysterious reappearance. That story can have left no doubt in your minds that some person had surreptitiously removed the 'Thumbograph' and, after an unknown interval, secretly replaced it. Thus the theory of forgery receives confirmation at every point, and is in agreement with every known fact; whereas the theory that the red thumb-print was a genuine thumb-print, is based upon a gratuitous assumption, and has not had a single fact advanced in its support.

"Accordingly, gentlemen, I assert that the prisoner's innocence has been proved in the most complete and convincing manner, and I ask you for a verdict in accordance with that proof."

As Anstey resumed his seat, a low rumble of applause was heard from the gallery. It subsided instantly on a gesture of disapproval from the judge, and a silence fell upon the court, in which the clock, with cynical indifference, continued to record in its brusque monotone the passage of the fleeting seconds.

"He is saved, Dr. Jervis! Oh! surely he is saved!" Juliet exclaimed in an agitated whisper. "They must see that he is innocent now."

"Have patience a little longer," I answered. "It will soon be over now."

Sir Hector Trumpler was already on his feet and, after bestowing on the jury a stern hypnotic stare, he plunged into his reply with a really admirable air of conviction and sincerity. "My lord and gentlemen of the jury: The case which is now before this Court is one, as I have already remarked, in which human nature is presented in a highly unfavourable light. But I need not insist upon this aspect of the case, which will already, no doubt, have impressed you sufficiently. It is necessary merely for me, as my learned friend has aptly expressed it, to disentangle the actual facts of the case from the web of casuistry that has been woven around them.

"Those facts are of extreme simplicity. A safe has been opened and property of great value abstracted from it. It has been opened by means of false keys. Now there are two men who have, from time to time, had possession of the true keys, and thus had the opportunity of making copies of them. When the safe is opened by its rightful owner, the property is gone, and there is found the print of the thumb of one of these two men. That thumb-print was not there when the safe was closed. The man whose thumb-print is found is a left-handed man; the print is the print of a left thumb. It would seem, gentlemen, as if the conclusion were so obvious that no sane person could be found to contest it; and I submit that the conclusion which any sane person would arrive at—the only possible conclusion—is, that the person whose thumb-print was found in the safe is the person who stole the property from the safe. But the thumb-print was, admittedly, that of the prisoner at the bar, and therefore the prisoner at the bar is the person who stole the diamonds from the safe.

"It is true that certain fantastic attempts have been made to explain away these obvious facts. Certain far-fetched scientific theories have been propounded and an exhibition of legerdemain has taken place which, I venture to think, would have been more appropriate to some place of public entertainment than to a court of justice. That exhibition has, no doubt, afforded you considerable amusement. It has furnished a pleasing relaxation from the serious business of the court. It has even been instructive, as showing to what extent it is possible for plain facts to be perverted by misdirected ingenuity. But unless you are prepared to consider this crime as an elaborate hoax—as a practical joke carried out by a facetious criminal of extraordinary knowledge, skill and general attainments—you must, after all, come to the only conclusion that the facts justify: that the safe was opened and the property abstracted by the prisoner. Accordingly, gentlemen, I ask you, having regard to your important position as the guardians of the well-being and security of your fellow-citizens, to give your verdict in accordance with the evidence, as you have solemnly sworn to do; which verdict, I submit, can be no other than that the prisoner is guilty of the crime with which he is charged."

Sir Hector sat down, and the jury, who had listened to his speech with solid attention, gazed expectantly at the judge, as though they should say: "Now, which of these two are we to believe?"

The judge turned over his notes with an air of quiet composure, writing down a word here and there as he compared the various points in the evidence. Then he turned to the jury with a manner at once persuasive and confidential—

"It is not necessary, gentlemen," he commenced, "for me to occupy your time with an exhaustive analysis of the evidence. That evidence you yourselves have heard, and it has been given, for the most part, with admirable clearness. Moreover, the learned counsel for the defence has collated and compared that evidence so lucidly, and, I may say, so impartially, that a detailed repetition on my part would be superfluous. I shall therefore confine myself to a few comments which may help you in the consideration of your verdict.

"I need hardly point out to you that the reference made by the learned counsel for the prosecution to far-fetched scientific theories is somewhat misleading. The only evidence of a theoretical character was that of the finger-print experts. The evidence of Dr. Rowe and of Dr. Thorndyke dealt exclusively with matters of fact. Such inferences as were drawn by them were accompanied by statements of the facts which yielded such inferences.

"Now, an examination of the evidence which you have heard shows, as the learned counsel for the defence has justly observed, that the entire case resolves itself into a single question, which is this: 'Was the thumb-print that was found in Mr. Hornby's safe made by the thumb of the prisoner, or was it not?' If that thumb-print was made by the prisoner's thumb, then the prisoner must, at least, have been present when the safe was unlawfully opened. If that thumb-print was not made by the prisoner's thumb, there is nothing to connect him with the crime. The question is one of fact upon which it will be your duty to decide; and I must remind you, gentlemen, that you are the sole judges of the facts of the case, and that you are to consider any remarks of mine as merely suggestions which you are to entertain or to disregard according to your judgement.

"Now let us consider this question by the light of the evidence. This thumb-print was either made by the prisoner or it was not. What evidence has been brought forward to show that it was made by the prisoner? Well, there is the evidence of the ridge-pattern. That pattern is identical with the pattern of the prisoner's thumb-print, and even has the impression of a scar which crosses the pattern in a particular manner in the prisoner's thumb-print. There is no need to enter into the elaborate calculations as to the chances of agreement; the practical fact, which is not disputed, is that if this red thumb-print is a genuine thumb-print at all, it was made by the prisoner's thumb. But it is contended that it is not a genuine thumb-print; that it is a mechanical imitation—in fact a forgery.

"The more general question thus becomes narrowed down to the more particular question: 'Is this a genuine thumb-print or is it a forgery?' Let us consider the evidence. First, what evidence is there that it is a genuine thumb-print? There is none. The identity of the pattern is no evidence on this point, because a forgery would also exhibit identity of pattern. The genuineness of the thumb-print was assumed by the prosecution, and no evidence has been offered.

"But now what evidence is there that the red thumb-print is a forgery?

"First, there is the question of size. Two different-sized prints could hardly be made by the same thumb. Then there is the evidence of the use of appliances. Safe-robbers do not ordinarily provide themselves with inking-slabs and rollers with which to make distinct impressions of their own fingers. Then there is the accidental mark on the print which also exists on the only genuine print that could have been used for the purpose of forgery, which is easily explained on the theory of a forgery, but which is otherwise totally incomprehensible. Finally, there is the strange disappearance of the 'Thumbograph' and its strange reappearance. All this is striking and weighty evidence, to which must be added that adduced by Dr. Thorndyke as showing how perfectly it is possible to imitate a finger-print.

"These are the main facts of the case, and it is for you to consider them. If, on careful consideration, you decide that the red thumb-print was actually made by the prisoner's thumb, then it will be your duty to pronounce the prisoner guilty; but if, on weighing the evidence, you decide that the thumb-print is a forgery, then it will be your duty to pronounce the prisoner not guilty. It is now past the usual luncheon hour, and, if you desire it, you can retire to consider your verdict while the Court adjourns."

The jurymen whispered together for a few moments and then the foreman stood up.

"We have agreed on our verdict, my lord," he said.

The prisoner, who had just been led to the back of the dock, was now brought back to the bar. The grey-wigged clerk of the court stood up and addressed the jury.

"Are you all agreed upon your verdict, gentlemen?"

"We are," replied the foreman.

"What do you say, gentlemen? Is the prisoner guilty or not guilty?"

"Not guilty," replied the foreman, raising his voice and glancing at Reuben.

A storm of applause burst from the gallery and was, for the moment, disregarded by the judge. Mrs. Hornby laughed aloud—a strange, unnatural laugh—and then crammed her handkerchief into her mouth, and so sat gazing at Reuben with the tears coursing down her face, while Juliet laid her head upon the desk and sobbed silently.

After a brief space the judge raised an admonitory hand, and, when the commotion had subsided, addressed the prisoner, who stood at the bar, calm and self-possessed, though his face bore a slight flush—

"Reuben Hornby, the jury, after duly weighing the evidence in this case, have found you to be not guilty of the crime with which you were charged. With that verdict I most heartily agree. In view of the evidence which has been given, I consider that no other verdict was possible, and I venture to say that you leave this court with your innocence fully established, and without a stain upon your character. In the distress which you have recently suffered, as well as in your rejoicing at the verdict of the jury, you have the sympathy of the Court, and of everyone present, and that sympathy will not be diminished by the consideration that, with a less capable defence, the result might have been very different.

"I desire to express my admiration at the manner in which that defence was conducted, and I desire especially to observe that not you alone, but the public at large, are deeply indebted to Dr. Thorndyke, who, by his insight, his knowledge and his ingenuity, has probably averted a very serious miscarriage of justice. The Court will now adjourn until half-past two."

The judge rose from his seat and everyone present stood up; and, amidst the clamour of many feet upon the gallery stairs, the door of the dock was thrown open by a smiling police officer and Reuben came down the stairs into the body of the court.



CHAPTER XVII

AT LAST

"We had better let the people clear off," said Thorndyke, when the first greetings were over and we stood around Reuben in the fast-emptying court. "We don't want a demonstration as we go out."

"No; anything but that, just now," replied Reuben. He still held Mrs. Hornby's hand, and one arm was passed through that of his uncle, who wiped his eyes at intervals, though his face glowed with delight.

"I should like you to come and have a little quiet luncheon with me at my chambers—all of us friends together," continued Thorndyke.

"I should be delighted," said Reuben, "if the programme would include a satisfactory wash."

"You will come, Anstey?" asked Thorndyke.

"What have you got for lunch?" demanded Anstey, who was now disrobed and in his right mind—that is to say, in his usual whimsical, pseudo-frivolous character.

"That question savours of gluttony," answered Thorndyke. "Come and see."

"I will come and eat, which is better," answered Anstey, "and I must run off now, as I have to look in at my chambers."

"How shall we go?" asked Thorndyke, as his colleague vanished through the doorway. "Polton has gone for a four-wheeler, but it won't hold us all."

"It will hold four of us," said Reuben, "and Dr. Jervis will bring Juliet; won't you, Jervis?"

The request rather took me aback, considering the circumstances, but I was conscious, nevertheless, of an unreasonable thrill of pleasure and answered with alacrity: "If Miss Gibson will allow me, I shall be very delighted." My delight was, apparently, not shared by Juliet, to judge by the uncomfortable blush that spread over her face. She made no objection, however, but merely replied rather coldly: "Well, as we can't sit on the roof of the cab, we had better go by ourselves."

The crowd having by this time presumably cleared off, we all took our way downstairs. The cab was waiting at the kerb, surrounded by a group of spectators, who cheered Reuben as he appeared at the doorway, and we saw our friends enter and drive away. Then we turned and walked quickly down the Old Bailey towards Ludgate Hill. "Shall we take a hansom?" I asked.

"No; let us walk," replied Juliet; "a little fresh air will do us good after that musty, horrible court. It all seems like a dream, and yet what a relief—oh! what a relief it is."

"It is rather like the awakening from a nightmare to find the morning sun shining," I rejoined.

"Yes; that is just what it is like," she agreed; "but I still feel dazed and shaken."

We turned presently down New Bridge Street, towards the Embankment, walking side by side without speaking, and I could not help comparing, with some bitterness, our present stiff and distant relations with the intimacy and comradeship that had existed before the miserable incident of our last meeting.

"You don't look so jubilant over your success as I should have expected," she said at length, with a critical glance at me; "but I expect you are really very proud and delighted, aren't you?"

"Delighted, yes; not proud. Why should I be proud? I have only played jackal, and even that I have done very badly."

"That is hardly a fair statement of the facts," she rejoined, with another quick, inquisitive look at me; "but you are in low spirits to-day—which is not at all like you. Is it not so?"

"I am afraid I am a selfish, egotistical brute," was my gloomy reply. "I ought to be as gay and joyful as everyone else to-day, whereas the fact is that I am chafing over my own petty troubles. You see, now that this case is finished, my engagement with Dr. Thorndyke terminates automatically, and I relapse into my old life—a dreary repetition of journeying amongst strangers—and the prospect is not inspiriting. This has been a time of bitter trial to you, but to me it has been a green oasis in the desert of a colourless, monotonous life. I have enjoyed the companionship of a most lovable man, whom I admire and respect above all other men, and with him have moved in scenes full of colour and interest. And I have made one other friend whom I am loth to see fade out of my life, as she seems likely to do."

"If you mean me," said Juliet, "I may say that it will be your own fault if I fade out of your life. I can never forget all that you have done for us, your loyalty to Reuben, your enthusiasm in his cause, to say nothing of your many kindnesses to me. And, as to your having done your work badly, you wrong yourself grievously. I recognised in the evidence by which Reuben was cleared to-day how much you had done, in filling in the details, towards making the case complete and convincing. I shall always feel that we owe you a debt of the deepest gratitude, and so will Reuben, and so, perhaps, more than either of us, will someone else."

"And who is that?" I asked, though with no great interest. The gratitude of the family was a matter of little consequence to me.

"Well, it is no secret now," replied Juliet. "I mean the girl whom Reuben is going to marry. What is the matter, Dr. Jervis?" she added, in a tone of surprise.

We were passing through the gate that leads from the Embankment to Middle Temple Lane, and I had stopped dead under the archway, laying a detaining hand upon her arm and gazing at her in utter amazement.

"The girl that Reuben is going to marry!" I repeated. "Why, I had always taken it for granted that he was going to marry you."

"But I told you, most explicitly, that was not so!" she exclaimed with some impatience.

"I know you did," I admitted ruefully; "but I thought—well, I imagined that things had, perhaps, not gone quite smoothly and—"

"Did you suppose that if I had cared for a man, and that man had been under a cloud, I should have denied the relation or pretended that we were merely friends?" she demanded indignantly.

"I am sure you wouldn't," I replied hastily. "I was a fool, an idiot—by Jove, what an idiot I have been!"

"It was certainly very silly of you," she admitted; but there was a gentleness in her tone that took away all bitterness from the reproach.

"The reason of the secrecy was this," she continued; "they became engaged the very night before Reuben was arrested, and, when he heard of the charge against him, he insisted that no one should be told unless, and until, he was fully acquitted. I was the only person who was in their confidence, and as I was sworn to secrecy, of course I couldn't tell you; nor did I suppose that the matter would interest you. Why should it?"

"Imbecile that I am," I murmured. "If I had only known!"

"Well, if you had known," said she; "what difference could it have made to you?"

This question she asked without looking at me, but I noted that her cheek had grown a shade paler.

"Only this," I answered. "That I should have been spared many a day and night of needless self-reproach and misery."

"But why?" she asked, still keeping her face averted. "What had you to reproach yourself with?"

"A great deal," I answered, "if you consider my supposed position. If you think of me as the trusted agent of a man, helpless and deeply wronged—a man whose undeserved misfortunes made every demand upon chivalry and generosity; if you think of me as being called upon to protect and carry comfort to the woman whom I regarded as, virtually, that man's betrothed wife; and then if you think of me as proceeding straightway, before I had known her twenty-four hours, to fall hopelessly in love with her myself, you will admit that I had something to reproach myself with."

She was still silent, rather pale and very thoughtful, and she seemed to breathe more quickly than usual.

"Of course," I continued, "you may say that it was my own look-out, that I had only to keep my own counsel, and no one would be any the worse. But there's the mischief of it. How can a man who is thinking of a woman morning, noon and night; whose heart leaps at the sound of her coming, whose existence is a blank when she is away from him—a blank which he tries to fill by recalling, again and again, all that she has said and the tones of her voice, and the look that was in her eyes when she spoke—how can he help letting her see, sooner or later, that he cares for her? And if he does, when he has no right to, there is an end of duty and chivalry and even common honesty."

"Yes, I understand now," said Juliet softly. "Is this the way?" She tripped up the steps leading to Fountain Court and I followed cheerfully. Of course it was not the way, and we both knew it, but the place was silent and peaceful, and the plane-trees cast a pleasant shade on the gravelled court. I glanced at her as we walked slowly towards the fountain. The roses were mantling in her cheeks now and her eyes were cast down, but when she lifted them to me for an instant, I saw that they were shining and moist.

"Did you never guess?" I asked.

"Yes," she replied in a low voice, "I guessed; but—but then," she added shyly, "I thought I had guessed wrong."

We walked on for some little time without speaking again until we came to the further side of the fountain, where we stood listening to the quiet trickle of the water, and watching the sparrows as they took their bath on the rim of the basin. A little way off another group of sparrows had gathered with greedy joy around some fragments of bread that had been scattered abroad by the benevolent Templars, and hard by a more sentimentally-minded pigeon, unmindful of the crumbs and the marauding sparrows, puffed out his breast and strutted and curtsied before his mate with endearing gurgles.

Juliet had rested her hand on one of the little posts that support the chain by which the fountain is enclosed and I had laid my hand on hers. Presently she turned her hand over so that mine lay in its palm; and so we were standing hand-in-hand when an elderly gentleman, of dry and legal aspect, came up the steps and passed by the fountain. He looked at the pigeons and then he looked at us, and went his way smiling and shaking his head.

"Juliet," said I.

She looked up quickly with sparkling eyes and a frank smile that was yet a little shy, too.

"Yes."

"Why did he smile—that old gentleman—when he looked at us?"

"I can't imagine," she replied mendaciously.

"It was an approving smile," I said. "I think he was remembering his own spring-time and giving us his blessing."

"Perhaps he was," she agreed. "He looked a nice old thing." She gazed fondly at the retreating figure and then turned again to me. Her cheeks had grown pink enough by now, and in one of them a dimple displayed itself to great advantage in its rosy setting.

"Can you forgive me, dear, for my unutterable folly?" I asked presently, as she glanced up at me again.

"I am not sure," she answered. "It was dreadfully silly of you."

"But remember, Juliet, that I loved you with my whole heart—as I love you now and shall love you always."

"I can forgive you anything when you say that," she answered softly.

Here the voice of the distant Temple clock was heard uttering a polite protest. With infinite reluctance we turned away from the fountain, which sprinkled us with a parting benediction, and slowly retraced our steps to Middle Temple Lane and thence into Pump Court.

"You haven't said it, Juliet," I whispered, as we came through the archway into the silent, deserted court.

"Haven't I, dear?" she answered; "but you know it, don't you? You know I do."

"Yes, I know," I said; "and that knowledge is all my heart's desire."

She laid her hand in mine for a moment with a gentle pressure and then drew it away; and so we passed through into the cloisters.

THE END

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