THE DEVIL'S ADVOCATE

Waikato Times, Volume 97, Issue 15271, 22 June 1923, Page 3

THE DEVIL'S ADVOCATE

(All Rights Reserved)

(By Fred M. White)

CHAPTER XXV. Phllp Rung out the challenge modestly enough, but with a certain force behind it that did not fail to make a proper impression on the Bench. There was not a man there who had not known Philp from his earliest days or who was ignorant of the name that he was making for himself in London, nor was there one of them who would not have given a good deal to see Macrae walk away a free man without a stain on, his character.

At the first sound of Philp’s voice David threw up his head and looked the interested spectators in the face. He seemed to realise that the crisis was at hand and that ere long he was going t.O hear something of the truth. Philippa, seated with her father behind the solicitor’s table, glanced up and met ixis eyes with a serene and smiling confidence in her own. And then the friendly duel between Philp and Dent began in earnest. “The suggestion made by Mr Philp is quite irregular,” the latter said. “I must be allowed to call niy witnesses in my own way, your worships. There is a good deal to be done before I can make matters quite clear, and therefore ”

“That is not my point,” Philp said, eagerly. “If inspector Dent merely applies for a further adjournment, then I propose to call witnesses. Most of them are Mr Dent’s witnesses, but I cannot help that. I made a very deliberate statement just , now, and I am going to justify it anu save my client much unhappiness.” “As you please,” Dent replied. “I certainly apply for a further adjournment, and if Mr Philp wishes to call witnesses I can make no objection. But I think it is a mistake.”

“Very well,” Philp said, curtly; "in that case I will not waste time of the bench any longer. Call Edward Hammer.”

Guided by a policeman, * Hammer found his way into the witness-box, and instantly a thrill ran through the spectators. There was something really dramatic in the appearance of a blind witness. He turned his face instinctively towards Philp, and answered his questions clearly, and without hesitation. He told the court how, on the night of Baines's murder lie had been poaching on the common, and had heard Certain things that attracted his attention.

“One moment, Mr Philp,” the chairman of the Bench interrupted. “ I understand that the witness is blind. How, in that case, does he manage his night poaching?” “Perhaps I had better explain,” Philp said. “ The witness. Hammer, has a dog—an Irish terrier of extraordinary intelligence. This dog is as fond of a bit of poaching as his master, and, between them and a lead, they manage exceedingly well. Your worship will see the dog presently. He is not in court just yet, but he is going to be one of my principal witnesses."

Even as Philp spoke, there came a bark or two from outside the court, followed by a whine, which seemed to point to the fact that Bragger was tied up somewhere, waiting for Ids master. Something kike a laugh went round the spectators, but there was no mirth in it, because everybody there knew by instinct that there was a thrilling drama yet to be unfolded. Hammer went on with his evidence. He told what lie had overheard close to" him when he was lying hidden in the bushes, he described the dog’s excitement, and angry snarls, and how, when Bragger came back to him again, there was blood on Ills fur. A few more questions, and Hammer was led from the court. Philp looked interrogatively at Inspector Dent, but the latter merely shook his head, and declined to ask the witness any questions. - Then there was another thrill amongst the excited audience as the name of Philippa was mentioned, and she came forward quite coolly and collectedly to give her evidence. She told the court oil about that walk of hers on the common, and how Bragger had accompanied her. Then she described the dog’s excited manner, and the way in which he had dug up a c,oat from under the bushes, very close to the spot where Hammer had lain a night or two before, and how she had had to fight the terrier for the possession of it. “Did you notice the coat particularly?” Philp asked. “Certainly I did,” Philippa replied. "It was a black serge boating-coat, and i took it home with me. My father pointed out that it was covereu witti dog hairs, and declared that they belonged to Bragger. I protested against this, beoause the dog never touched the coat at all.” “In point of fact, you took, it from him?” "No, I pulled it out of the earth, directly it was disclosed. I noticed a brass button, but the dog never touched it, so I took the coat back home, and when my father examined it he declared that there were stains of human blood upon it.” “ Did Dr. Goldtlnch satisfy himself that the hairs on the coat had come from the last witness’s dog?” “He was quite emphatic on the point,” Philippa said. “It was easily capable of proof, too.” “And what happened after that?” “Nothing, as far as I know. My father wanted to hand the coat over to the police, but you prevented him." "That is perfectly true,” Philp said, turning to the Bench. “I want your worships to understand that I had no intention of interfering with the course of justice, but there were certain good and surncient reasons why I wanted the matter of that coat kept quiet-. Your worships will understand pro- I scntly. And now I want to call Dr ; Goldfinch to confirm what his daughter has said." The doctor came eagerly forward, and gave his testimony. He described [ln- process by which he had elicited the fact Unit Hie coat bore bloodstains, and. moreover, human bloodstains, which were of a comparatively recent date. Also, he described iiow Die coat was covered with hairs which he had identified as those that came from the coat of the dog Bragger. " That is very extraordinary," the

Author of "The Man with the Va ndyke Beard," "The Edge of the Sword," “The Secret of the Sand s,” “The Corner House," “Netta," 'The Crimson Blind," etc.

Chairman said. "From what I can gather, the dog seemed not only to know the owner of the coat, hut was also violently prejudiced against him.” "That is exactly what I am going to prove," Philp said. “I say that this coat was being worn by the murderer at the time the crime was committed, and that he was attacked by the dog Bragger. It was undoubtedly the murderer that the witness Hammer heard when he was lying hidden in the bushes. The dog obviously recognised the murderer as an old acquaintance of his, and attacked him, probably just after the crime was committed. The criminal tried to kill the terrier, and very nearly succeeded. At any rale, when the dog returned to his master he had a wound in his side, which was probably made witii a knife. And now it becomes necessary for me to prove who that coat belonged to.”

There was a pause for a minute or two while Philp exchanged a few whispered sentences with Farrell, who was sitting by his side. Apparently they were having some difference of opinion, for Farrell looked white and uneasy, until at lengtli Philp pushed him contemptuously aside and called for Lidgett.

Lidgett came, awkward and shambling, and perfectly sober, though obviously he had been tuning himself up for the ordeal. He lolled in the witness box and grinned at Philp. "Now I want you to listen carefully to what I am saying,” the latter said. "The last time you were here you gave certain evidence; but when I came to cross-examine you you were not quite so certain in your facts. Do you remember telling the court that on the night Joseph Baines was killed you saw my client going into the pavilion of the tennis club? It was not very important evidence, but you were fairly certain of its truth. And yet, when 1 put it to you directly, you changed your mind.”

“Yes, sir; that’s because I wasn't telling the truth," the witness said. “And I wasn’t telling a lie, neither mister. You sec, I’d a few drinks that night, and, in a manner o’ .speaking, 1 didn't quite know what 1 was doing. So when I see as it might make a difference to Mr Macrae, who is a proper sort o’ gentleman, 1 begins to feet as perhaps I’d made a mistake. So I wouldn’t swear as it was Mr Macrae, and when I goes away, I begins to think. And then, all of a sudden like, it comes to me as the gentleman I 'ad secn,going into the pavilion, just after nine o’clock, was not Mr Macrae, but Mr Farrell." . "What nonsense,” Farrell cried, jumping to his feet. "And what a reliable witness 1”

"Oh, I knows I ain’t much of a scholar,” Lidgett said. "But I’m right this time, and I’m ready to swear it. It was about ’alf-past nine, or a few r minutes later.”

“Oh, that doesn’t matter either way,” Farrell muttered. “ But you arc quite wrong, all the same. “ Still, tie swears to it now,” Philp pointed out. “I think that will do, Lidgett. I have no more questions.” Lidgett scrambled out of the box, and a moment later Blinn, of Douglas and Co., came forward. "I shall nut detain you long, Mr Blinn,” Philp said. "in the first place, I think you and Mr Baines were partners?” "Well, practically,” Blinn said. "It was Mr Baine’s capital that ran Douglas and Co., and 1 was a sort ot managing director, with a share of the business.”

"And Mr Baines had the run of your office?” “Certainly he had. He used to come and go, generally before we began business in the morning, and late at night. He had his own key and the run of all the office books.”

“Quite so. Then in that ease the letter from Douglas and Co., asking my client to pay off a loan of a hundred pounds within'a few hours might have been written on your office typewriter by Baines and copied into the letter-book?”

“It not only might have been done, but it was done," the witness explained. “1 knew nothing whatever about It till after the murder; but no doubt Mr Macrae had the letter.” “Oh, we don’t deny it,” Philp said. “ My client had the letter, and told his solicitor so. Also he told me. But that is not quite the point. 1 think, after Baines died, you decided to separate your accounts, and get in all the money that was owing to your senior partner. For that purpose you handed over your books to a solicitor?”

“That' is' perfectly correct, sir,” Blinn said. "And the name of that solicitor, if you don’t mind?” "Certainly,” Blinn said, glibly. "I handed the books to Mr Farrell, and he took them away with him.” "Yes, he had them one or two nights?” “ Yes, there were a good many accounts, and I saw no objection. I think Mr Farrell took them home with him." (To be continued '