The Nine of Hearts

The Attorney-general. "At any time during the night did you see the lady's face?"

Witness. "Not at any time."

The Attorney-general. "Were you familiar with Prevost's Restaurant?"

Witness. "No, I had never been there, and I was in doubt where Church Street was. I had to inquire my way."

The Attorney-general. "Could not the prisoner tell you?"

Witness. "I asked him, and he said he could not direct me."

The Attorney-general. "However, you found the restaurant?"

Witness. "Yes."

The Attorney-general. "And then?"

Witness. "My master and the lady entered the restaurant."

The Attorney-general. "What did your master say to you?"

Witness. "He told me to wait near the door."

The Attorney-general. "Did you know what time it was when you drew up at the restaurant?"

Witness. "It was ten minutes to eleven."

The Attorney-general. "How long were you kept waiting?"

Witness. "Exactly an hour and five minutes."

The Attorney-general. "That will bring it to five minutes to twelve?"

Witness. "Yes, sir."

The Attorney-general. "Did the prisoner then come from the restaurant?"

Witness. "Yes, accompanied by the lady."

The Attorney-general. "It was still raining?"

Witness. "Raining hard now."

The Attorney-general. "Did he appear flurried? Was he excited?"

Witness. "His movements were very hurried, which I thought was due to the rain, and perhaps to his having had a little too much wine. He opened the door of the carriage quickly, and the lady jumped in, to avoid the rain, I suppose. My master got in quickly after her."

The Attorney-general. "But he gave you instructions?"

Witness. "All he said was, 'Home!'"

The Attorney-general. "Calmly?"

Witness. "No, sir. Although he only said one word, I noticed that his voice was thick. It was because of that I suspected he had taken a little too much wine."

The Attorney-general. "Did you observe that he had his ulster on?"

Witness. "Yes, he had it on."

The Attorney-general. "You drove home-and then?"

Witness. "My master got out, helped the lady out-no, I am making a mistake."

The Attorney-general. "Commence again."

Witness. "My master got out, opened the street door with his latch-key, then returned to the carriage and helped the lady out, and they both passed into the house."

The Attorney-general. "Were his actions steady?"

Witness. "They were not, sir. He seemed to be in a strange hurry."

The Attorney-general. "Did he say nothing to you?"

Witness. "Nothing. And thinking my day's work was over, I took the horses to the stable. I was glad enough."

The Attorney-general. "The prisoner was in the habit of carrying a latch-key?"

Witness. "Yes, and always let himself into the house."

The Attorney-general. "Did you observe whether the gas in the hall was lighted?"

Witness. "It was. It was always kept on when my master was out. His habit was to turn it off himself, the servants sometimes being abed."

The Attorney-general. "Now, during the time you were in the prisoner's employment, had you ever passed such a day as this you have described?"

Witness. "Never."

The Attorney-general. "Did you ever know him to come home with a lady, alone, at that hour of the night?"

Witness. "Never."

The Attorney-general. "All the incidents of the day were unusual?"

Witness. "Very unusual. I thought them very strange."

The Attorney-general. "The question I am about to put is, in another form, partly a repetition of one you have already answered. Did you ever know the prisoner to come home in the carriage late at night with a strange lady-that is, with any other lady than his wife?"

Witness. "Never. With a gentleman sometimes, and sometimes with more than one gentleman; but never with a strange lady."

The Attorney-general. "He occasionally came home late with friends?"

Witness. "Oh yes; but then his wife was always with him."

The Attorney-general. "During the last few months was this usual?"

Witness. "No. Mrs. Layton was an invalid, and seldom drove out-not once during the last three or four months at night."

The Attorney-general. "On the day we have gone through-the 25th of March did you see anything of Mrs. Layton?"

Witness. "No, sir, she was seriously ill."

The Attorney-general. "That, however, is not within your personal observation?"

Witness. "No, sir. My duties were outside the house."

The Attorney-general. "The lady whom he brought home on the night of the 25th of March was not his wife?"

Witness. "No, sir. Mrs. Layton had been confined to her room for several weeks."

The Attorney-general. "You are quite positive on this point?"

Witness. "Quite positive, sir."

The Attorney-general. "That will do."

(To the surprise of every person in court, who expected that the witness would be subjected to a long cross-examination, the prisoner asked but few questions.)

Prisoner. "You say that at five minutes to twelve I came out of Prevost's Restaurant?"

Witness. "You and the lady, sir."

Prisoner. "It was a dark night?"

Witness. "It was, sir."

Prisoner. "Did I call for you?"

Witness. "No, sir. I saw you come out of the restaurant with the lady, and I drew up at once. I was within half a dozen yards of the door."

Prisoner. "When the lady and I got into the carriage, as you say, and I called out, Home!' you observed that my voice was thick and my manner flurried?"

Witness. "Yes, sir."

Prisoner. "Did it occur to you then, or does it occur to you now, that the voice which uttered that word was not my voice?"

Witness. "No, sir."

Prisoner. "You are certain it was my voice?"

Witness. "Yes, sir."

Prisoner. "I wore my ulster?"

Witness. "Yes, sir."

Prisoner. "You drove home, and you saw me open the street door with a latch-key and pass into the house with the lady?"

Witness. "Yes, sir."

Prisoner. "Still with my ulster on?"

Witness. "Yes, sir."

Prisoner. "Did I turn my face towards you?"

Witness. "No, sir."

Prisoner. "If I had done so, could you have recognized my features in the darkness?"

Witness. "Scarcely, sir."

Prisoner. "You know nothing more?"

Witness. "Nothing more, sir."

Prisoner. "I do not put the question offensively-you have been a good servant, and I have never had occasion to find fault with you-but you are positive that the version you have given of my later movements is correct?"

Witness (who appeared much distressed). "I am positive, sir."

Prisoner. "I have nothing more to ask, Moorhouse."

Witness. "Thank you, sir."

Re-examined. "You are a strict teetotaler?"

Witness. "Yes, sir."

The Attorney-general. "Did you take any ale or spirits during the day?"

Witness. "No, sir. I have touched neither for years."

The Attorney-general. "The prisoner's figure being familiar to you, and your eyesight being so strong that you could distinguish him in the darkness, is it likely that you could be mistaken in him on this night?"

Witness (reluctantly). "It is not likely, sir."

The Attorney-general. "Scarcely possible?"

Witness. "Scarcely possible, sir."

III

THE EVIDENCE OF ADOLF WOLFSTEIN, WAITER

The next witness called was Adolf Wolfstein, a waiter in Prevost's Restaurant.

The Attorney-general. "Your name is Adolf Wolfstein?"

Witness. "Yes."

The Attorney-general. "What is your trade?"

Witness. "I am a waiter."

The Attorney-general. "Where are you employed?"

Witness. "At Prevost's, in Church Street, Soho."

The Attorney-general. "How long have you been in employment there?"

Witness. "A little more than seven weeks."

The Attorney-general. "Do you remember the date on which you entered your present service?"

Witness. "Yes, it was the 25th of March."

The Attorney-general. "So that the 25th of March is impressed upon your memory?"

Witness. "It is for another reason impressed upon my memory."

The Attorney-general. "Simply answer the questions I put to you. You are a German?"

Witness. "No, I am French."

The Attorney-general. "But your name is German, is it not?"

Witness. "Wolfstein is. It was my father's name, who settled in France when he was a young man."

The Attorney-general. "You understand English perfectly?"

Witness. "Oh yes; perfectly. I spoke it when I was a boy."

The Attorney-general. "Look at the prisoner. Do you recognize him?"

Witness. "Yes."

The Attorney-general. "Did you see him on the 25th of March?"

Witness. "Yes. Monsieur came to the restaurant on that day."

The-Attorney-general. "At what hour?"

Witness. "At eleven o'clock at night."

The Attorney-general. "Was he alone?"

Witness. "No; monsieur had a lady with him."

The Attorney-general. "Did he occupy a private room? If you wish to explain yourself on this matter you can do so."

Witness. "I was coming down-stairs when I saw monsieur enter from the street with a lady. He looked about him, and seeing me, asked if he could have supper in a private room. I showed monsieur and madame up-stairs to a room in which I served."

The Attorney-general. "What occurred then?"

Witness. "I handed monsieur the menu."

The Attorney-general. "In English, the bill of fare?"

Witness. "Yes."

The Attorney-general. "What did he order?"

Witness. "Tortue claire."

The Attorney-general. "In English, clear turtle soup?"

Witness. "Yes."

The Attorney-general. "Did he consult the lady?"

Witness. "No."

The Attorney-general. "Was he long in selecting the kind of soup he ordered?"

Witness. "No. It was on the instant."

The Attorney-general. "He merely glanced at the bill of fare?"

Witness. "That is so."

The Attorney-general. "Did you get the soup and place it before him?"

Witness. "I first asked monsieur, For two?' He said, quickly, 'Yes, for two.' Then I served it."

The Attorney-general. "In a tureen?"

Witness. "Yes, in a tureen."

The Attorney-general. "When you placed the soup before him, did he order any wine?"

Witness. "I handed monsieur the wine-list, and he said, 'Champagne.' I asked him of what kind. He said, 'The best.'"

The Attorney-general. "You brought the best?"

Witness. "Yes."

The Attorney-general. "That is, the most expensive?"

Witness. "Of necessity."

The Attorney-general. "When you placed the wine before him, did you observe anything that struck you as unusual?"

Witness. "Yes; it was that, like other people, they should have been drinking their soup, or have finished it; but they had not drunk it."

The Attorney-general. "Had it been served from the tureen into their plates?"

Witness. "No, not a spoonful. It was as I brought it-not touched."

The Attorney-general. "As they were not eating, what were they doing?"

Witness. "They were engaged in conversation."

The Attorney-general. "Very earnestly?"

Witness. "Very earnestly."

The Attorney-general. "And speaking very low?"

Witness. "Very low."

The Attorney-general. "Did you hear anything they said?"

Witness. "Not a word."

The Attorney-general. "Upon observing that they had not commenced their soup, did you make any remark?"

Witness. "Yes. I said, 'Does not monsieur like the soup?'"

The Attorney-general. "What was his answer?"

Witness. "He answered, 'Oh yes, it is very good,' and slightly pushed the tureen away with his hand."

The Attorney-general. "Indicating that he had done with it?"

Witness. "I regarded it so, and I removed it."

The Attorney-general. "Did he object to its being removed?"

Witness. "No, not at all."

The Attorney-general. "Did the lady object-did she seem surprised?"

Witness. "No; she said not a word, nor did she look surprised."

The Attorney-general. "Your answer to the last question causes me to ask whether the lady was old or young?"

Witness. "But I do not know."

The Attorney-general. "You said she did not look surprised?"

Witness. "It is that she did not appear surprised. She did not look up. In truth, she had her veil down."

The Attorney general. "Had she removed her cloak?"

Witness. "No."

The Attorney-general. "Did she keep it on all the time she was in the room?"

Witness. "Yes; all the time."

The Attorney-general. "Now, when you asked the prisoner if he liked the soup, and he answered, 'Oh yes, it is very good,' you were surprised to find that they had not drunk a spoonful?"

Witness. "Why, yes, it was surprising."

The Attorney-general. "Did the prisoner pour out the champagne?"

Witness. "I filled a glass for madame and one for monsieur."

The Attorney-general. "Did the prisoner order another dish?"

Witness. "I asked monsieur, 'What will you have to follow?' and handed him the menu-the bill of fare. He said, 'Salmon cutlets.' 'For two, monsieur?' I asked. 'For two,' he said. I served them."

The Attorney-general. "Did he at any time summon you by ringing the bell?"

Witness. "No. It appeared to me that monsieur did not wish to be disturbed therefore I did not disturb him, but I noticed-"

The Attorney-general. "You noticed what?"

Witness. "That, as with the soup, monsieur ate nothing, and helped madame to nothing. I waited till I thought it was time, and then I went to the table and asked whether he did not like the salmon cutlets. Monsieur answered, 'Oh yes, they are very good,' and pushed them away as before. I removed them, as with the soup. What will monsieur have to follow?' I asked. 'Ices,' he said. 'Vanille?' I asked. 'Yes,' he said, 'Vanille.' I brought them. They were not eaten."

The Attorney-general. "Did they drink the wine?"

Witness. "Monsieur once raised his glass to his lips, but tasted it only, and as if he had no heart in it."

The Attorney-general. "Did he order anything else?"

Witness. "No. When I asked him, he said, 'The bill.' I brought it."

The Attorney-general. "What did it amount to?"

Witness. "One pound four shillings."

The Attorney-general. "How much of the champagne was drunk?"

Witness. "Half a glass-not more."

The Attorney-general. "Did not the lady drink any of hers?"

Witness. "Not any."

The Attorney-general. "Did the prisoner make any remark as to the amount of the bill?"

Witness. "Oh no; he gave me a sovereign and a half-sovereign, and said, 'That will do.'"

The Attorney-general. "Meaning that you could keep the change?"

Witness. "I took it so, and he said nothing."

The Attorney-general. "A good customer?"

Witness. "A very good customer. Not many such."

The Attorney-general. "Without a murmur or a remark, the prisoner paid you thirty shillings for half a glass of champagne?"

Witness. "That is so. It was, as I say, surprising. I did not forget it."

The Attorney-general. "It was not a circumstance to forget. You say that the lady who accompanied the prisoner did not remove her cloak or veil. Was that the case the whole of the time she was in the room?"

Witness. "The whole of the time."

The Attorney-general. "Her gloves-did she wear those the whole of the time?"

Witness. "But, no. I remember once seeing her hand ungloved."

The Attorney-general. "Her right or left hand? Be particular in your answer, and think before you speak, if it is necessary. My object is to ascertain whether the lady was married, and wore a wedding-ring."

Witness (smiling). "But a wedding-ring matters not. Those wear them who are not married."

The Attorney-general. "Reply to my question. Was it her right or her left hand which you saw ungloved?"

Witness. "I cannot remember."

The Attorney-general. "Try."

Witness. "It is of no use. I cannot remember."

The Attorney-general. "Can you remember whether it was a small or a large hand?"

Witness. "It was a small white hand."

The Attorney-general. "The hand, presumably, of a lady?"

Witness. "Or of a member of the theatre. Who can tell? We have many such."

The Attorney-general. "Were there rings upon her fingers?"

Witness. "I observed one of turquoises and diamonds."

The Attorney-general. "Was it a ring with any particular setting by which it could be identified?"

Witness. "A ring set with diamonds and turquoises. That is all I know."

The Attorney-general. "Would you recognize it again if you saw it?"

Witness. "I cannot say. I think not. I did not particularly remark it."

The Attorney-general. "Did you remark the color of her gloves?"

Witness. "They were black gloves."

The Attorney-general. "Of kid?"

Witness. "Yes, of kid."

The Attorney-general. "At what time did the prisoner and his companion leave the restaurant?"

Witness. "It must have been about twelve."

The Attorney-general. "Why do you say 'It must have been about twelve?'"

Witness. "Because I did not see them leave the room."

The Attorney-general. "You can, however, fix the time within a few minutes?"

Witness. "Oh yes. At a quarter to twelve, as near as I can remember, I had occasion to go down-stairs. When I returned, after three or four minutes, monsieur and madame were gone."

The Attorney-general. "Were you aware that they had a carriage waiting for them?"

Witness. "Only that I heard so. I did not see it."

(The witness was then briefly cross-examined by the prisoner.)

Prisoner. "You say that you saw me enter the restaurant from the street, and that I asked you if I could have supper in a private room?"

Witness. "That is so."

Prisoner. "Did you show me into a private room?"

Witness. "Yes."

Prisoner. "Where other persons could not enter?"

Witness. "Oh no; it was a room for six or eight persons."

Prisoner. "During the time I was there, did you attend to other persons besides me?"

Witness. "Yes."

Prisoner. "The room was not strictly private?"

Witness. "As private as I have said."

Prisoner. "What was the first thing I did when I went to the table you pointed out to me?"

Witness. "You removed your overcoat. It was wet with rain; and it surprised me that madame did not remove hers, which was also wet with rain."

Mr. Justice Fenmore. "Do not make remarks. Simply answer the questions put to you."

Witness. "Yes, my lord."

Prisoner. "What did I do with the overcoat when I had taken it off?"

Witness. "You hung it up behind you."

Prisoner. "On a peg in the wall?"

Witness. "Yes."

Prisoner. "Was this peg quite close to the table at which I sat?"

Witness. "No, it was at a little distance."

Prisoner. "At the back of me?"

Witness. "Yes."

Prisoner. "Did I put the overcoat on before I left the room?"

Witness. "Yes."

Mr. Justice Fenmore. "You have said in examination that you did not see the prisoner and his companion leave the room."

Witness. "But when I returned, after being away for three or four minutes, monsieur was gone, and the coat was also gone."

Prisoner. "Then you did not see me put on the overcoat?"

Witness. "No."

Prisoner. "I have nothing more to ask you."

Re-examined. "Would you be able to recognize the overcoat which the prisoner wore?"

Witness. "Oh yes; it was remarkable."

The Attorney-general. "Is this it?" (Ulster produced.)

Witness. "Yes; it is the same."

At this stage the court adjourned for luncheon.

IV

THE EVIDENCE OF LUMLEY RICH, DETECTIVE OFFICER. – THE NINE OF HEARTS

Upon the reassembling of the court, the first witness called was Lumley Rich.

The Attorney-general. "You belong to the detective force?"

Witness. "I do."

The Attorney-general. "On the 26th of March were you called to the prisoner's house?"

Witness. "Yes."

The Attorney-general. "At what hour of the morning?"

Witness. "At seven o'clock."

The Attorney-general. "Was the prisoner in the house at the time?"

Witness. "He was not."

The Attorney-general. "Whom did you see for the purpose of information?"

Witness. "The prisoner's coachman, James Moorhouse, and Ida White, lady's-maid, and other servants."

The Attorney-general. "What passed between you and the coachman?"

Witness. "I asked him at what time on the previous night the prisoner returned home. He said at about twenty minutes past twelve, and that the prisoner entered his house accompanied by a lady, opening the street door with his latch-key. I asked him if he had seen the prisoner since, and he replied that he had not. I asked him from what part of his dress the prisoner took the latch-key, and he replied, from the pocket of the ulster he wore."

The Attorney-general. "Although the prisoner was not at home, was this ulster in his house?"

Witness. "Yes, it was hanging on the coat-rack in the hall."

The Attorney-general. "Did you take possession of it?"

Witness. "I did."

The Attorney-general. "Did you search the pockets?"

Witness. "Yes."

The Attorney-general. "What did you find in them?"

Witness. "The latch-key of the street door and a playing-card."

The Attorney-general. "Nothing else?"

Witness. "Nothing else."

The Attorney-general. "Is this the latch-key?" (Latch-key produced.)

Witness. "It is."

The Attorney-general. "Is this the playing-card?" (Playing-card, the Nine of Hearts, produced.)

Witness. "It is."

The Attorney-general. "How do you recognize it?"

Witness. "By a private mark I put in the corner."

The Attorney-general. "There was absolutely nothing else in the pockets of the ulster?"

Witness. "Nothing else."

The Attorney-general. "Did you see the prisoner before you left the house?"

Witness. "I did."

The Attorney-general. "Describe what passed."

Witness. "The prisoner suddenly made his appearance while I was questioning the servants, and inquired my business there. I told him I was an officer, and that I was there because of his wife being found dead in her bed. 'Dead!' he cried; 'my wife!' and he rushed to her room. I followed him. He looked at her and sunk into a chair. He seemed stupefied. I had his ulster coat hanging on my arm, and I told him I had taken possession of it. He nodded vacantly. A moment or two afterwards he laid his hand upon the ulster, and demanded to know where I had obtained it. I informed him from the coat-rack in the hall. He cried, 'Impossible!' and as it seemed to me he was about to speak again, I informed him that anything he said might be used in evidence against him. 'In evidence!' he cried, 'against me!' 'Yes,' I replied; there has been murder done here.' 'Murder!' he cried; 'and I am suspected!' To that remark I did not reply, but repeated my caution. He said, 'Thank you,' and did not utter another word."

The prisoner did not cross-examine the witness; and this was the more surprising as it was remarked by all in court that upon the production of the playing-card, the Nine of Hearts, he was greatly agitated.

V

THE EVIDENCE OF IDA WHITE, LADY'S-MAID

The next witness called was Ida White, an attractive-looking woman about thirty years of age.

The Attorney-general. "What is your name?"

Witness. "Ida White."

The Attorney-general. "Do you know the prisoner?"

Witness. "Yes; he was my master."

The Attorney-general. "In what capacity were you employed?"

Witness. "I was lady's-maid to his wife, my poor dead mistress."

The Attorney-general. "Were you in her service before she was married?"

Witness. "Yes."

The Attorney-general. "What was her maiden name?"

Witness. "Agnes Beach."

The Attorney-general. "When you first entered her service were her parents alive?"

Witness. "Both of them."

The Attorney-general. "Do they still live?"

Witness. "No. Mrs. Beach died on my mistress's wedding-day; Mr. Beach died in February of this year."

The Attorney-general. "Was your late mistress very much affected at her mother's death?"

Witness. "She almost lost her reason. She fell into a fever, and was scarcely expected to live. It was weeks before she recovered."

The Attorney-general. "Have you any knowledge of the circumstances of your mistress's engagement with the prisoner?"