The First R. Austin Freeman MEGAPACK ®. R. Austin Freeman

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СКАЧАТЬ 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 fingerprint, 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 СКАЧАТЬ