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."