There was no doubt, however, that the very evidence which the prosecution could not use at the trial, that is, the wife's evidence referring to the aunt's death, was, if not admitted, at least expressed at the inquest, and, although the coroner had begged the jury there to disregard it, it is perfectly certain that, being sensible men, they did not.
The wife, who had 'turned against' Bella Foxley (to use the prisoner's own words), had let her tongue run away with her at the inquest in a way which was deplorable but undoubtedly interesting, and this tattle, coupled with the evidence of the police doctor (who was also called at the trial), caused the examining magistrates to commit Bella Foxley for trial.
Her counsel (wisely, in my opinion) decided to put her in the box. She made a fairly convincing witness, and stressed that she had gone to the 'haunted house' that first night merely to make certain that the deceased was 'all right.' Her story was that she left as soon as he (speaking out of the window) had convinced her that all was well. Beyond that she refused (either on advice, or from sheer commonsense combined with a strong instinct for self-preservation) to be budged. The case for the defence was, quite simply, that the prisoner's declaration that that was the only night she had gone to the house ought to be believed, and that there never had been any case to go before the jury. From this position they did not permit themselves to be shaken, for my good friend Godfrey Wenham, now Sir Godfrey, who led for the defence, absolutely refused to allow us to jockey him into the position of trying to prove his client's innocence. It was for us to prove guilt, and, in spite of the testimony of our medical witnesses, who demonstrated clearly that the dead man had been attacked and had received a severe blow on the head before he fell from the window, we were unable to do this.
Nevertheless, I believed fully that the prisoner was guilty, and, although we lost, I shall always regard it as one of my most interesting cases. I was further cheered by the announcement to me (in private) by Sir Godfrey that he had not anticipated an acquittal, and thought that they had been very lucky to obtain one.
Such evidence as was offered against the prisoner by the wife of the dead man, Mrs. Muriel Turney, prejudiced the jury by showing too great an animosity. Had it not been entirely necessary to call her in order to establish the time at which Bella Foxley left the inn, and the fact that more than one such visit had been paid, together with the secondary motive for the crime, I should have been in favour of keeping her out of the box, for she was that most difficult and unsatisfactory type of witness, an hysterical subject. This, added to her unconcealed hatred of the prisoner, went sadly against us. Remarks made afterwards proved that, even without the conflicting testimony of the medical witnesses, she probably damaged our case irretrievably.
Another controversial point of which much was made on both sides by the use of those two-edged tools, the expert witnesses, was that of the button found in the dead man's hand. Even now I am not convinced in my own mind which side was right over this. The defence claimed, possibly quite justly, that a man falling from a height instinctively opens his hands to make clutching movements as he falls. This theory, of course, depended upon their premise that the man was alive when he began to fall.
Our own point was that, even if they were right in their 'clutching' theory, the man was already dead when he fell and that, therefore, his hand, clenched round the button from the murderer's coat, would remain closed. This suggestion was weakened by the evidence of one of our own witnesses, the police doctor, who was compelled to disclose that the button was not so much clenched in the dead man's hand as resting lightly on the palm which was 'slightly folded over it.'
The testimony of the youth who found the body was of no help to either side on this point, as he deposed that he 'was frightened to see the poor chap lying there all knocked out,' and went at once for help. Incidentally, we were unfortunate with this witness, too, for he was so flustered that throughout