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The Old Man in the Corner
"On the other hand, Mr. Henry Oranmore, K.C., very ably and courteously replied that he too had several witnesses to prove that Mr. Brooks certainly did make a will on the day in question, and that, whatever his intentions may have been in the past, he must have modified them on the day of his death, for the will proved by Mr. Percival Brooks was found after his death under his pillow, duly signed and witnessed and in every way legal.
"Then the battle began in sober earnest. There were a great many witnesses to be called on both sides, their evidence being of more or less importance—chiefly less. But the interest centred round the prosaic figure of John O'Neill, the butler at Fitzwilliam Place, who had been in Mr. Brooks' family for thirty years.
"'I was clearing away my breakfast things,' said John, 'when I heard the master's voice in the study close by. Oh my, he was that angry! I could hear the words "disgrace," and "villain," and "liar," and "ballet-dancer," and one or two other ugly words as applied to some female lady, which I would not like to repeat. At first I did not take much notice, as I was quite used to hearing my poor dear master having words with Mr. Percival. So I went downstairs carrying my breakfast things; but I had just started cleaning my silver when the study bell goes ringing violently, and I hear Mr. Percival's voice shouting in the hall: "John! quick! Send for Dr. Mulligan at once. Your master is not well! Send one of the men, and you come up and help me to get Mr. Brooks to bed."
"'I sent one of the grooms for the doctor,' continued John, who seemed still affected at the recollection of his poor master, to whom he had evidently been very much attached, 'and I went up to see Mr. Brooks. I found him lying on the study floor, his head supported in Mr. Percival's arms. "My father has fallen in a faint," said the young master; "help me to get him up to his room before Dr. Mulligan comes."
"'Mr. Percival looked very white and upset, which was only natural; and when we had got my poor master to bed, I asked if I should not go and break the news to Mr. Murray, who had gone to business an hour ago. However, before Mr. Percival had time to give me an order the doctor came. I thought I had seen death plainly writ in my master's face, and when I showed the doctor out an hour later, and he told me that he would be back directly, I knew that the end was near.
"'Mr. Brooks rang for me a minute or two later. He told me to send at once for Mr. Wethered, or else for Mr. Hibbert, if Mr. Wethered could not come. "I haven't many hours to live, John," he says to me—"my heart is broke, the doctor says my heart is broke. A man shouldn't marry and have children, John, for they will sooner or later break his heart." I was so upset I couldn't speak; but I sent round at once for Mr. Wethered, who came himself just about three o'clock that afternoon.
"'After he had been with my master about an hour I was called in, and Mr. Wethered said to me that Mr. Brooks wished me and one other of us servants to witness that he had signed a paper which was on a table by his bedside. I called Pat Mooney, the head footman, and before us both Mr. Brooks put his name at the bottom of that paper. Then Mr. Wethered give me the pen and told me to write my name as a witness, and that Pat Mooney was to do the same. After that we were both told that we could go.'
"The old butler went on to explain that he was present in his late master's room on the following day when the undertakers, who had come to lay the dead man out, found a paper underneath his pillow. John O'Neill, who recognized the paper as the one to which he had appended his signature the day before, took it to Mr. Percival, and gave it into his hands.
"In answer to Mr. Walter Hibbert, John asserted positively that he took the paper from the undertaker's hand and went straight with it to Mr. Percival's room.
"'He was alone,' said John; 'I gave him the paper. He just glanced at it, and I thought he looked rather astonished, but he said nothing, and I at once left the room.'
"'When you say that you recognized the paper as the one which you had seen your master sign the day before, how did you actually recognize that it was the same paper?' asked Mr. Hibbert amidst breathless interest on the part of the spectators. I narrowly observed the witness's face.
"'It looked exactly the same paper to me, sir,' replied John, somewhat vaguely.
"'Did you look at the contents, then?'
"'No, sir; certainly not.'
"'Had you done so the day before?'
"'No, sir, only at my master's signature.'
"'Then you only thought by the outside look of the paper that it was the same?'
"'It looked the same thing, sir,' persisted John obstinately.
"You see," continued the man in the corner, leaning eagerly forward across the narrow marble table, "the contention of Murray Brooks' adviser was that Mr. Brooks, having made a will and hidden it—for some reason or other under his pillow—that will had fallen, through the means related by John O'Neill, into the hands of Mr. Percival Brooks, who had destroyed it and substituted a forged one in its place, which adjudged the whole of Mr. Brooks' millions to himself. It was a terrible and very daring accusation directed against a gentleman who, in spite of his many wild oats sowed in early youth, was a prominent and important figure in Irish high life.
"All those present were aghast at what they heard, and the whispered comments I could hear around me showed me that public opinion, at least, did not uphold Mr. Murray Brooks' daring accusation against his brother.
"But John O'Neill had not finished his evidence, and Mr. Walter Hibbert had a bit of sensation still up his sleeve. He had, namely, produced a paper, the will proved by Mr. Percival Brooks, and had asked John O'Neill if once again he recognized the paper.
"'Certainly, sir,' said John unhesitatingly, 'that is the one the undertaker found under my poor dead master's pillow, and which I took to Mr. Percival's room immediately.'
"Then the paper was unfolded and placed before the witness.
"'Now, Mr. O'Neill, will you tell me if that is your signature?'
"John looked at it for a moment; then he said: 'Excuse me, sir,' and produced a pair of spectacles which he carefully adjusted before he again examined the paper. Then he thoughtfully shook his head.
"'It don't look much like my writing, sir,' he said at last. 'That is to say,' he added, by way of elucidating the matter, 'it does look like my writing, but then I don't think it is.'
"There was at that moment a look in Mr. Percival Brooks' face," continued the man in the corner quietly, "which then and there gave me the whole history of that quarrel, that illness of Mr. Brooks, of the will, aye! and of the murder of Patrick Wethered too.
"All I wondered at was how every one of those learned counsel on both sides did not get the clue just the same as I did, but went on arguing, speechifying, cross-examining for nearly a week, until they arrived at the one conclusion which was inevitable from the very first, namely, that the will was a forgery—a gross, clumsy, idiotic forgery, since both John O'Neill and Pat Mooney, the two witnesses, absolutely repudiated the signatures as their own. The only successful bit of caligraphy the forger had done was the signature of old Mr. Brooks.
"It was a very curious fact, and one which had undoubtedly aided the forger in accomplishing his work quickly, that Mr. Wethered the lawyer having, no doubt, realized that Mr. Brooks had not many moments in life to spare, had not drawn up the usual engrossed, magnificent document dear to the lawyer heart, but had used for his client's will one of those regular printed forms which can be purchased at any stationer's.
"Mr. Percival Brooks, of course, flatly denied the serious allegation brought against him. He admitted that the butler had brought him the document the morning after his father's death, and that he certainly, on glancing at it, had been very much astonished to see that that document was his father's will. Against that he declared that its contents did not astonish him in the slightest degree, that he himself knew of the testator's intentions, but that he certainly thought his father had entrusted the will to the care of Mr. Wethered, who did all his business for him.
"'I only very cursorily glanced at the signature,' he concluded, speaking in a perfectly calm, clear voice; 'you must understand that the thought of forgery was very far from my mind, and that my father's signature is exceedingly well imitated, if, indeed, it is not his own, which I am not at all prepared to believe. As for the two witnesses' signatures, I don't think I had ever seen them before. I took the document to Messrs. Barkston and Maud, who had often done business for me before, and they assured me that the will was in perfect form and order.'
"Asked why he had not entrusted the will to his father's solicitors, he replied:
"'For the very simple reason that exactly half an hour before the will was placed in my hands, I had read that Mr. Patrick Wethered had been murdered the night before. Mr. Hibbert, the junior partner, was not personally known to me.'
"After that, for form's sake, a good deal of expert evidence was heard on the subject of the dead man's signature. But that was quite unanimous, and merely went to corroborate what had already been established beyond a doubt, namely, that the will dated February 1st, 1908, was a forgery, and probate of the will dated 1891 was therefore granted to Mr. Murray Brooks, the sole executor mentioned therein."
CHAPTER XXIII
A MEMORABLE DAY
"Two days later the police applied for a warrant for the arrest of Mr. Percival Brooks on a charge of forgery.
"The Crown prosecuted, and Mr. Brooks had again the support of Mr. Oranmore, the eminent K.C. Perfectly calm, like a man conscious of his own innocence and unable to grasp the idea that justice does sometimes miscarry, Mr. Brooks, the son of the millionaire, himself still the possessor of a very large fortune under the former will, stood up in the dock on that memorable day in October, 1908, which still no doubt lives in the memory of his many friends.
"All the evidence with regard to Mr. Brooks' last moments and the forged will was gone through over again. That will, it was the contention of the Crown, had been forged so entirely in favour of the accused, cutting out every one else, that obviously no one but the beneficiary under that false will would have had any motive in forging it.
"Very pale, and with a frown between his deep-set, handsome Irish eyes, Percival Brooks listened to this large volume of evidence piled up against him by the Crown.
"At times he held brief consultations with Mr. Oranmore, who seemed as cool as a cucumber. Have you ever seen Oranmore in court? He is a character worthy of Dickens. His pronounced brogue, his fat, podgy, clean-shaven face, his not always immaculately clean large hands, have often delighted the caricaturist. As it very soon transpired during that memorable magisterial inquiry, he relied for a verdict in favour of his client upon two main points, and he had concentrated all his skill upon making these two points as telling as he possibly could.
"The first point was the question of time, John O'Neill, cross-examined by Oranmore, stated without hesitation that he had given the will to Mr. Percival at eleven o'clock in the morning. And now the eminent K.C. brought forward and placed in the witness-box the very lawyers into whose hands the accused had then immediately placed the will. Now, Mr. Barkston, a very well-known solicitor of King Street, declared positively that Mr. Percival Brooks was in his office at a quarter before twelve; two of his clerks testified to the same time exactly, and it was impossible, contended Mr. Oranmore, that within three-quarters of an hour Mr. Brooks could have gone to a stationer's, bought a will form, copied Mr. Wethered's writing, his father's signature, and that of John O'Neill and Pat Mooney.
"Such a thing might have been planned, arranged, practised, and ultimately, after a great deal of trouble, successfully carried out, but human intelligence could not grasp the other as a possibility.
"Still the judge wavered. The eminent K.C. had shaken but not shattered his belief in the prisoner's guilt. But there was one point more, and this Oranmore, with the skill of a dramatist, had reserved for the fall of the curtain.
"He noted every sign in the judge's face, he guessed that his client was not yet absolutely safe, then only did he produce his last two witnesses.
"One of them was Mary Sullivan, one of the housemaids in the Fitzwilliam mansion. She had been sent up by the cook at a quarter past four o'clock on the afternoon of February 1st with some hot water, which the nurse had ordered, for the master's room. Just as she was about to knock at the door Mr. Wethered was coming out of the room. Mary stopped with the tray in her hand, and at the door Mr. Wethered turned and said quite loudly: 'Now, don't fret, don't be anxious; do try and be calm. Your will is safe in my pocket, nothing can change it or alter one word of it but yourself.'
"It was, of course, a very ticklish point in law whether the housemaid's evidence could be accepted. You see, she was quoting the words of a man since dead, spoken to another man also dead. There is no doubt that had there been very strong evidence on the other side against Percival Brooks, Mary Sullivan's would have counted for nothing; but, as I told you before, the judge's belief in the prisoner's guilt was already very seriously shaken, and now the final blow aimed at it by Mr. Oranmore shattered his last lingering doubts.
"Dr. Mulligan, namely, had been placed by Mr. Oranmore into the witness-box. He was a medical man of unimpeachable authority, in fact, absolutely at the head of his profession in Dublin. What he said practically corroborated Mary Sullivan's testimony. He had gone in to see Mr. Brooks at half-past four, and understood from him that his lawyer had just left him.
"Mr. Brooks certainly, though terribly weak, was calm and more composed. He was dying from a sudden heart attack, and Dr. Mulligan foresaw the almost immediate end. But he was still conscious and managed to murmur feebly: 'I feel much easier in my mind now, doctor—have made my will—Wethered has been—he's got it in his pocket—it is safe there—safe from that—' But the words died on his lips, and after that he spoke but little. He saw his two sons before he died, but hardly knew them or even looked at them.
"You see," concluded the man in the corner, "you see that the prosecution was bound to collapse. Oranmore did not give it a leg to stand on. The will was forged, it is true, forged in the favour of Percival Brooks and of no one else, forged for him and for his benefit. Whether he knew and connived at the forgery was never proved or, as far as I know, even hinted, but it was impossible to go against all the evidence, which pointed that, as far as the act itself was concerned, he at least was innocent. You see, Dr. Mulligan's evidence was not to be shaken. Mary Sullivan's was equally strong.
"There were two witnesses swearing positively that old Brooks' will was in Mr. Wethered's keeping when that gentleman left the Fitzwilliam mansion at a quarter past four. At five o'clock in the afternoon the lawyer was found dead in Phoenix Park. Between a quarter past four and eight o'clock in the evening Percival Brooks never left the house—that was subsequently proved by Oranmore up to the hilt and beyond a doubt. Since the will found under old Brooks' pillow was a forged will, where then was the will he did make, and which Wethered carried away with him in his pocket?"
"Stolen, of course," said Polly, "by those who murdered and robbed him; it may have been of no value to them, but they naturally would destroy it, lest it might prove a clue against them."
"Then you think it was mere coincidence?" he asked excitedly.
"What?"
"That Wethered was murdered and robbed at the very moment that he carried the will in his pocket, whilst another was being forged in its place?"
"It certainly would be very curious, if it were a coincidence," she said musingly.
"Very," he repeated with biting sarcasm, whilst nervously his bony fingers played with the inevitable bit of string. "Very curious indeed. Just think of the whole thing. There was the old man with all his wealth, and two sons, one to whom he is devoted, and the other with whom he does nothing but quarrel. One day there is another of these quarrels, but more violent, more terrible than any that have previously occurred, with the result that the father, heartbroken by it all, has an attack of apoplexy and practically dies of a broken heart. After that he alters his will, and subsequently a will is proved which turns out to be a forgery.
"Now everybody—police, press, and public alike—at once jump to the conclusion that, as Percival Brooks benefits by that forged will, Percival Brooks must be the forger."
"Seek for him whom the crime benefits, is your own axiom," argued the girl.
"I beg your pardon?"
"Percival Brooks benefited to the tune of £2,000,000."
"I beg your pardon. He did nothing of the sort. He was left with less than half the share that his younger brother inherited."
"Now, yes; but that was a former will and—"
"And that forged will was so clumsily executed, the signature so carelessly imitated, that the forgery was bound to come to light. Did that never strike you?"
"Yes, but—"
"There is no but," he interrupted. "It was all as clear as daylight to me from the very first. The quarrel with the old man, which broke his heart, was not with his eldest son, with whom he was used to quarrelling, but with the second son whom he idolised, in whom he believed. Don't you remember how John O'Neill heard the words 'liar' and 'deceit'? Percival Brooks had never deceived his father. His sins were all on the surface. Murray had led a quiet life, had pandered to his father, and fawned upon him, until, like most hypocrites, he at last got found out. Who knows what ugly gambling debt or debt of honour, suddenly revealed to old Brooks, was the cause of that last and deadly quarrel?
"You remember that it was Percival who remained beside his father and carried him up to his room. Where was Murray throughout that long and painful day, when his father lay dying—he, the idolised son, the apple of the old man's eye? You never hear his name mentioned as being present there all that day. But he knew that he had offended his father mortally, and that his father meant to cut him off with a shilling. He knew that Mr. Wethered had been sent for, that Wethered left the house soon after four o'clock.
"And here the cleverness of the man comes in. Having lain in wait for Wethered and knocked him on the back of the head with a stick, he could not very well make that will disappear altogether. There remained the faint chance of some other witnesses knowing that Mr. Brooks had made a fresh will, Mr. Wethered's partner, his clerk, or one of the confidential servants in the house. Therefore a will must be discovered after the old man's death.
"Now, Murray Brooks was not an expert forger, it takes years of training to become that. A forged will executed by himself would be sure to be found out—yes, that's it, sure to be found out. The forgery will be palpable—let it be palpable, and then it will be found out, branded as such, and the original will of 1891, so favourable to the young blackguard's interests, would be held as valid. Was it devilry or merely additional caution which prompted Murray to pen that forged will so glaringly in Percival's favour? It is impossible to say.
"Anyhow, it was the cleverest touch in that marvellously devised crime. To plan that evil deed was great, to execute it was easy enough. He had several hours' leisure in which to do it. Then at night it was simplicity itself to slip the document under the dead man's pillow. Sacrilege causes no shudder to such natures as Murray Brooks. The rest of the drama you know already—"
"But Percival Brooks?"
"The jury returned a verdict of 'Not guilty.' There was no evidence against him."
"But the money? Surely the scoundrel does not have the enjoyment of it still?"
"No; he enjoyed it for a time, but he died, about three months ago, and forgot to take the precaution of making a will, so his brother Percival has got the business after all. If you ever go to Dublin, I should order some of Brooks' bacon if I were you. It is very good."
CHAPTER XXIV
AN UNPARALLELED OUTRAGE
"Do you care for the seaside?" asked the man in the corner when he had finished his lunch. "I don't mean the seaside at Ostend or Trouville, but honest English seaside with nigger minstrels, three-shilling excursionists, and dirty, expensive furnished apartments, where they charge you a shilling for lighting the hall gas on Sundays and sixpence on other evenings. Do you care for that?"
"I prefer the country."
"Ah! perhaps it is preferable. Personally I only liked one of our English seaside resorts once, and that was for a week, when Edward Skinner was up before the magistrate, charged with what was known as the 'Brighton Outrage.' I don't know if you remember the memorable day in Brighton, memorable for that elegant town, which deals more in amusements than mysteries, when Mr. Francis Morton, one of its most noted residents, disappeared. Yes! disappeared as completely as any vanishing lady in a music-hall. He was wealthy, had a fine house, servants, a wife and children, and he disappeared. There was no getting away from that.
"Mr. Francis Morton lived with his wife in one of the large houses in Sussex Square at the Kemp Town end of Brighton. Mrs. Morton was well known for her Americanisms, her swagger dinner parties, and beautiful Paris gowns. She was the daughter of one of the many American millionaires (I think her father was a Chicago pork-butcher), who conveniently provide wealthy wives for English gentlemen; and she had married Mr. Francis Morton a few years ago and brought him her quarter of a million, for no other reason but that she fell in love with him. He was neither good-looking nor distinguished, in fact, he was one of those men who seem to have CITY stamped all over their person.
"He was a gentleman of very regular habits, going up to London every morning on business and returning every afternoon by the 'husband's train.' So regular was he in these habits that all the servants at the Sussex Square house were betrayed into actual gossip over the fact that on Wednesday, March 17th, the master was not home for dinner. Hales, the butler, remarked that the mistress seemed a bit anxious and didn't eat much food. The evening wore on and Mr. Morton did not appear. At nine o'clock the young footman was dispatched to the station to make inquiries whether his master had been seen there in the afternoon, or whether—which Heaven forbid—there had been an accident on the line. The young man interviewed two or three porters, the bookstall boy, and ticket clerk; all were agreed that Mr. Morton did not go up to London during the day; no one had seen him within the precincts of the station. There certainly had been no accident reported either on the up or down line.
"But the morning of the 18th came, with its initial postman's knock, but neither Mr. Morton nor any sign or news from him. Mrs. Morton, who evidently had spent a sleepless night, for she looked sadly changed and haggard, sent a wire to the hall porter at the large building in Cannon Street, where her husband had his office. An hour later she had the reply: 'Not seen Mr. Morton all day yesterday, not here to-day.' By the afternoon every one in Brighton knew that a fellow-resident had mysteriously disappeared from or in the city.
"A couple of days, then another, elapsed, and still no sign of Mr. Morton. The police were doing their best. The gentleman was so well known in Brighton—as he had been a resident two years—that it was not difficult to firmly establish the one fact that he had not left the city, since no one saw him in the station on the morning of the 17th, nor at any time since then. Mild excitement prevailed throughout the town. At first the newspapers took the matter somewhat jocosely. 'Where is Mr. Morton?' was the usual placard on the evening's contents bills, but after three days had gone by and the worthy Brighton resident was still missing, while Mrs. Morton was seen to look more haggard and careworn every day, mild excitement gave place to anxiety.