"You shall well and truly try and true deliverance make between our Sovereign Lord the King and the prisoner at the bar, whom you shall have in charge, and a true verdict give according to the evidence. So help you God!"
"James Piper!" Another juryman rose and was given the Book to hold; and again the monotonous sing-song arose—
"You shall well and truly try and true deliverance make, etc."
"I shall scream aloud if that horrible chant goes on much longer," Juliet whispered. "Why don't they all swear at once and have done with it?"
"That would not meet the requirements," I answered. "However, there are only two more, so you must have patience."
"And you will have patience with me, too, won't you? I am horribly frightened. It is all so solemn and dreadful."
"You must try to keep up your courage until Dr. Thorndyke has given his evidence," I said. "Remember that, until he has spoken, everything is against Reuben; so be prepared."
"I will try," she answered meekly; "but I can't help being terrified."
The last of the jurymen was at length sworn, and when the clerk had once more called out the names one by one, the usher counting loudly as each man answered to his name, the latter officer turned to the Court and spectators, and proclaimed in solemn tones—
"If anyone can inform my Lords the King's justices, the King's attorney-general, or the King's serjeant, ere this inquest be now taken between our Sovereign Lord the King and the prisoner at the bar, of any treason, murder, felony or misdemeanour, committed or done by him, let him come forth and he shall be heard; for the prisoner stands at the bar upon his deliverance."
This proclamation was followed by a profound silence, and after a brief interval the Clerk of Arraigns turned towards the jury and addressed them collectively—
"Gentlemen of the jury, the prisoner at the bar stands indicted by the name of Reuben Hornby, for that he, on the ninth or tenth of March, feloniously did steal, take and carry away a parcel of diamonds of the goods of John Hornby. To this indictment he has pleaded that he is not guilty, and your charge is to inquire whether he be guilty or not and to hearken to the evidence."
When he had finished his address the clerk sat down, and the judge, a thin-faced, hollow-eyed elderly man, with bushy grey eyebrows and a very large nose, looked attentively at Reuben for some moments over the tops of his gold-rimmed pince-nez. Then he turned towards the counsel nearest the bench and bowed slightly.
The barrister bowed in return and rose, and for the first time I obtained a complete view of Sir Hector Trumpler, K.C., the counsel for the prosecution. His appearance was not prepossessing nor—though he was a large man and somewhat florid as to his countenance—particularly striking, except for a general air of untidiness. His gown was slipping off one shoulder, his wig was perceptibly awry, and his pince-nez threatened every moment to drop from his nose.
"The case that I have to present to you, my lord and gentlemen of the jury," he began in a clear, though unmusical voice, "is one the like of which is but too often met with in this court. It is one in which we shall see unbounded trust met by treacherous deceit, in which we shall see countless benefactions rewarded by the basest ingratitude, and in which we shall witness the deliberate renunciation of a life of honourable effort in favour of the tortuous and precarious ways of the criminal. The facts of the case are briefly as follows: The prosecutor in this case—most unwilling prosecutor, gentlemen—is Mr. John Hornby, who is a metallurgist and dealer in precious metals. Mr. Hornby has two nephews, the orphan sons of his two elder brothers, and I may tell you that since the decease of their parents he has acted the part of a father to both of them. One of these nephews is Mr. Walter Hornby, and the other is Reuben Hornby, the prisoner at the bar. Both of these nephews were received by Mr. Hornby into his business with a view to their succeeding him when he should retire, and both, I need not say, occupied positions of trust and responsibility.
"Now, on the evening of the ninth of March there was delivered to Mr. Hornby a parcel of rough diamonds of which one of his clients asked him to take charge pending their transfer to the brokers. I need not burden you with irrelevant details concerning this transaction. It will suffice to say that the diamonds, which were of the aggregate value of about thirty thousand pounds, were delivered to him, and the unopened package deposited by him in his safe, together with a slip of paper on which he had written in pencil a memorandum of the circumstances. This was on the evening of the ninth of March, as I have said. Having deposited the parcel, Mr. Hornby locked the safe, and shortly afterwards left the premises and went home, taking the keys with him.
"On the following morning, when he unlocked the safe, he perceived with astonishment and dismay that the parcel of diamonds had vanished. The slip of paper, however, lay at the bottom of the safe, and on picking it up Mr. Hornby perceived that it bore a smear of blood, and in addition, the distinct impression of a human thumb. On this he closed and locked the safe and sent a note to the police station, in response to which a very intelligent officer—Inspector Sanderson—came and made a preliminary examination. I need not follow the case further, since the details will appear in the evidence, but I may tell you that, in effect, it has been made clear, beyond all doubt, that the thumb-print on that paper was the thumb-print of the prisoner, Reuben Hornby."
He paused to adjust his glasses, which were in the very act of falling from his nose, and hitch up his gown, while he took a leisurely survey of the jury, as though he were estimating their impressionability. At this moment I observed Walter Hornby enter the court and take up a position at the end of our bench nearest the door; and, immediately after, Superintendent Miller came in and seated himself on one of the benches opposite.
"The first witness whom I shall call," said Sir Hector Trumpler, "is John Hornby."
Mr. Hornby, looking wild and agitated, stepped into the witness-box, and the usher, having handed him the Testament, sang out—
"The evidence you shall give to the court and jury sworn, between our Sovereign Lord the King and the prisoner at the bar shall be the truth, the whole truth, and nothing but the truth; so help you God!"
Mr. Hornby kissed the Book, and, casting a glance of unutterable misery at his nephew, turned towards the counsel.
"Your name is John Hornby, is it not?" asked Sir Hector.
"It is."
"And you occupy premises in St. Mary Axe?"
"Yes. I am a dealer in precious metals, but my business consists principally in the assaying of samples of ore and quartz and bars of silver and gold."
"Do you remember what happened on the ninth of March last?"
"Perfectly. My nephew Reuben—the prisoner—delivered to me a parcel of diamonds which he had received from the purser of the Elmina Castle, to whom I had sent him as my confidential agent. I had intended to deposit the diamonds with my banker, but when the prisoner arrived at my office, the banks were already closed, so I had to put the parcel, for the night, in my own safe. I may say that the prisoner was not in any way responsible for the delay."
"You are not here to defend the prisoner," said Sir Hector. "Answer my questions and make no comments, if you please. Was anyone present when you placed the diamonds in the safe?"
"No one was present but myself."
"I did not ask if you were present when you put them in," said Sir Hector (whereupon the spectators sniggered and the judge smiled indulgently). "What else did you do?"
"I wrote in pencil on a leaf of my pocket memorandum block, 'Handed in by Reuben at 7.3 p.m., 9.3.01,' and initialled it. Then I tore the leaf from the block and laid it on the parcel, after which I closed the safe and locked it."
"How soon did you leave the premises after this?"
"Almost immediately. The prisoner was waiting for me in the outer office—"