Part 26

“I should say he moved in last night. The murder of Byramji was probably planned on some information that the murderer had picked up, and as soon as it was accomplished he began forthwith to lay down the false tracks. When he reached his rooms yesterday afternoon, he must have written the letter to Larkin and gone off at once to the East End to post it. Then he probably had his bushy hair cut short and shaved off his beard and moustache--which would render him quite unrecognizable by Larkin--and moved into Highley’s chambers, from which he would have quietly sallied forth in a few days’ time to take his passage to the Continent. It was quite a good plan and but for the accident of taking the wrong hat, would almost certainly have succeeded.”

Once every year, on the second of August, there is delivered with unfailing regularity at No. 5a, King’s Bench Walk, a large box of carved sandal-wood filled with the choicest Trichinopoly cheroots and accompanied by an affectionate letter from our late client, Mr. Byramji. For the second of August is the anniversary of the death (in the execution shed at Newgate) of Cornelius Barnett, otherwise known as the “New Jersey Sphinx.”

IV. THE TOUCHSTONE

It happened not uncommonly that the exigencies of practice committed my friend Thorndyke to investigations that lay more properly within the province of the police. For problems that had arisen as secondary consequences of a criminal act could usually not be solved until the circumstances of that act were fully elucidated, and, incidentally, the identity of the actor established. Such a problem was that of the disappearance of James Harewood’s will, a problem that was propounded to us by our old friend, Mr. Marchmont, when he called on us, by appointment, with the client of whom he had spoken in his note.

It was just four o’clock when the solicitor arrived at our chambers, and as I admitted him he ushered in a gentlemanly-looking man of about thirty-five, whom he introduced as Mr. William Crowhurst.

“I will just stay,” said he, with an approving glance at the tea-service on the table, “and have a cup of tea with you, and give you an outline of the case. Then I must run away and leave Mr. Crowhurst to fill in the details.”

He seated himself in an easy chair within comfortable reach of the table, and as Thorndyke poured out the tea, he glanced over a few notes scribbled on a sheet of paper.

“I may say,” he began, stirring his tea thoughtfully, “that this is a forlorn hope. I have brought the case to you, but I have not the slightest expectation that you will be able to help us.”

“A very wholesome frame of mind,” Thorndyke commented with a smile. “I hope it is that of your client also.”

“It is indeed,” said Mr. Crowhurst; “in fact, it seems to me a waste of your time to go into the matter. Probably you will think so too, when you have heard the particulars.”

“Well, let us hear the particulars,” said Thorndyke. “A forlorn hope has, at least, the stimulating quality of difficulty. Let us have your outline sketch, Marchmont.”

The solicitor, having emptied his cup and pushed it towards the tray for replenishment, glanced at his notes and began:

“The simplest way in which to present the problem is to give a brief recital of the events that have given rise to it, which are these: The day before yesterday--that is last Monday--at a quarter to two in the afternoon, Mr. James Harewood executed a will at his house at Merbridge, which is about two miles from Welsbury. There were present four persons: two of his servants, who signed as witnesses, and the two principal beneficiaries--Mr. Arthur Baxfield, a nephew of the testator, and our friend here, Mr. William Crowhurst. The will was a holograph written on the two pages of a sheet of letter-paper. When the witnesses signed, the will was covered by another sheet of paper so that only the space for the signatures was exposed. Neither of the witnesses read the will, nor did either of the beneficiaries; and so far as I am aware, no one but the testator knew what were its actual provisions, though, after the servants had left the room, Mr. Harewood explained its general purport to the beneficiaries.”

“And what was its general purport?” Thorndyke asked.

“Broadly speaking,” replied Marchmont, “it divided the estate in two very unequal portions between Mr. Baxfield and Mr. Crowhurst. There were certain small legacies of which neither the amounts nor the names of the legatees are known. Then, to Baxfield was given a thousand pounds to enable him either to buy a partnership or to start a small factory--he is a felt hat manufacturer by trade--and the remainder to Crowhurst, who was made executor and residuary legatee. But, of course, the residue of the estate is an unknown quantity, since we don’t know either the number or the amounts of the legacies.

“Shortly after the signing of the will, the parties separated. Mr. Harewood folded up the will and put it in a leather wallet which he slipped into his pocket, stating his intention of taking the will forthwith to deposit with his lawyer at Welsbury. A few minutes after his guests had departed, he was seen by one of the servants to leave the house, and afterwards was seen by a neighbour walking along a footpath which, after passing through a small wood, joins the main road about a mile and a quarter from Welsbury. From that time, he was never again seen alive. He never visited the lawyer, nor did any one see him at or near Welsbury or elsewhere.

“As he did not return home that night, his housekeeper (he was a widower and childless) became extremely alarmed, and in the morning she communicated with the police. A search party was organized, and, following the path on which he was last seen, explored the wood--which is known locally as Gilbert’s Copse--and here, at the bottom of an old chalk-pit, they found him lying dead with a fractured skull and a dislocated neck. How he came by these injuries is not at present known; but as the body had been robbed of all valuables, including his watch, purse, diamond ring and the wallet containing the will, there is naturally a strong suspicion that he had been murdered. That, however, is not our immediate concern--at least not mine. I am concerned with the will, which, as you see, has disappeared, and as it has presumably been carried away by a thief who is under suspicion of murder, it is not likely to be returned.”

“It is almost certainly destroyed by this time,” said Mr. Crowhurst.

“That certainly seems probable,” Thorndyke agreed. “But what do you want me to do? You haven’t come for counsel’s opinion?”

“No,” replied Marchmont. “I am pretty clear about the legal position. I shall claim, as the will has presumably been destroyed, to have the testator’s wishes carried out in so far as they are known. But I am doubtful as to the view the Court may take. It may decide that the testator’s wishes are not known; that the provisions of the will are too uncertain to admit of administration.”

“And what would be the effect of that decision?” asked Thorndyke.

“In that case,” said Marchmont, “the entire estate would go to Baxfield as he is the next of kin, and there was no previous will.”

“And what is it that you want me to do?”

Marchmont chuckled deprecatingly. “You have to pay the penalty of being a prodigy, Thorndyke. We are asking you to do an impossibility--but we don’t really expect you to bring it off. We ask you to help us to recover the will.”

“If the will has been completely destroyed, it can’t be recovered,” said Thorndyke. “But we don’t know that it has been destroyed. The matter is, at least, worth investigating; and if you wish me to look into it, I will.”

The solicitor rose with an air of evident relief. “Thank you, Thorndyke,” said he. “I expect nothing--at least, I tell myself that I do--but I can now feel that everything that is possible will be done. And now I must be off. Crowhurst can give you any details that you want.”

When Marchmont had gone, Thorndyke turned to our client and asked, “What do you suppose Baxfield will do, if the will is irretrievably lost? Will he press his claim as next of kin?”

“I should say yes,” replied Crowhurst. “He is a business man and his natural claims are greater than mine. He is not likely to refuse what the law assigns to him as his right. As a matter of fact, I think he felt that his uncle had treated him unfairly in alienating the property.”