June 10, 2025 • 27 mins
Dive into the mystery of missing diamonds, an untouched safe, two blood-streaked thumb prints, and the enigmatic Mr X. As these elements converge, the brilliant Dr. Thorndyke steps onto the scene. Will he crack the case? The Red Thumb Mark marks the thrilling debut of Freeman’s popular Thorndyke series. (Summary by Diana Majlinger)
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Speaker 1 (00:00):
Chapter fifteen of The Red Thumb Mark. This is a
LibriVox recording. All LibriVox recordings are in the public domain.
For more information or to volunteer, please visit LibriVox dot org.
Recording by Marianne The Red Thumb Mark by R. Austin Freeman,
Chapter fifteen, The finger Print Experts, Part one. The hum
(00:20):
of conversation that had been gradually increasing as the court
filled suddenly ceased. A door at the back of the
das was flung open. Councils, solicitors, and spectators alike rose
to their feet, and the judge entered, closely followed by
the Lord Mayor, the sheriff, and various civic magnates, all
picturesque and gorgeous in their robes and chains of office.
(00:41):
The Clerk of Arrains took his place behind his table
under the dais. The council suspended their conversation and fingered
their briefs, and as the judge took his seat, lawyers,
officials and spectators took their seats, and all eyes were
turned toward the dock. A few moments later, Reuben Hornby
appeared in the enclosure in company with a war The
two rising apparently from the bowels of the earth, and
(01:03):
stepping forward to the bar, stood with a calm, self
possessed demeanor, glancing somewhat curiously round the court. For an
instant his eye rested upon the group of friends and
well wishers seated behind the council, and the faintest trace
of a smile appeared on his face. But immediately he
turned his eyes away, and never again throughout the trial
looked in our direction. The Clerk of Herrains now rose, and,
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reading from the indictment which lay before him on the table,
addressed the prisoner, Reuben Hornby. You stand indicted for that
you did on the ninth or tenth day of March
felinously steal a parcel of diamonds of the goods and
chattels of John Hornby. Are you guilty or not guilty?
Not guilty, replied Reuben. The Clerk of Arrains, having noted
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the prisoner's reply, then proceeded. The gentlemen whose names are
about to be called will form the jury who are
to try you. If you wish to object to any
of them, you must do so as each comes to
the book to be sworn, and before he is sworn,
you will then be heard in acknowledgment of this address,
which was delivered in clear, ringing tones and with remarkable distinctness.
(02:09):
Reuben bowed to the clerk, and the process of swearing
in the jury was commenced, while the council opened their
briefs and the judge conversed facetiously with an official in
a fur robe and a massive neck chain. Very strange
to unaccustomed eyes and ears was the effect of this function,
half solemn and half grotesque, with an effect intermediate between
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that of a religious rite and that of a comic opera.
Above the half suppressed hum of conversation, the clerk's voice
arose at regular intervals, calling out the name of one
of the jurymen, and as its owner stood up the
court usher black gowned and sacerdotal of aspect, advanced and
proffered the book. Than as the juryman took the volume
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in his hand, the voice of the usher resounded through
the court like that of a priest intoning some refrain
or antiphon, an effect that was increased by the rhythmic
and archae character of the formula. Samuel Seppings, a stolid
looking workingman, rose and taking the testament in his hand
stood regarding the usher, while that official sang out in
(03:11):
a solemn monotone, you shall well and truly try and
true deliverance make between our sovereign Lord, the King, and
the prisoner at the bar, whom you shall have in charge,
and a true verdict give according to the evidence, So
help you God. James Piper, another juryman, rose and was
given the book to hold, and again the monotonous sing
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song arose. You shall well and truly try and true deliverance,
make et cetera. I shall scream aloud if that horrible
chant goes on much longer. Juliet whispered, why don't they
all swear at once and have done with it? That
would not meet the requirements. I answered, however, there are
only two more. So you must have patience, and you
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will have patience with me too, won't you. I am
horribly frightened. It is all so solemn and dreadful. You
must try to keep up your courage until doctor Thorndyke
has given his evidence. I said, remember that until he
has spoken, everything is against Reuben, so be prepared. I
will try, she answered meekly, but I can't help being terrified.
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The last of the jurymen was at length sworn, and
when the clerk had once more called out the names
one by one, the usher counting loudly as each man
answered to his name, The latter officer turned to the
court and spectators and proclaimed, in solemn tones, if any
one can inform my lords, the King's Justices, the King's
Attorney General, or the King's sergeant ere, this inquest be
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now taken between our sovereign Lord, the King, and the
prisoner at the bar of any treason, murder, felony, or
mister meader committed or done by him. Let him come forth,
and he shall be heard. For the prisoner stands at
the bar. Upon his deliverance. This proclamation was followed by
a profound silence, and after a brief interval, the Clerk
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of turned toward the jury and addressed them collectively, Gentlemen
of the Jury, the prisoner at the bar stands indicted
by the name of Reuben Hornby, for that he, on
the ninth or tenth of March Felonousley, did steal, take
and carry away a parcel of diamonds of the goods
of John Hornby. To this indictment, he has pleaded that
he is not guilty, and your charge is to inquire
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whether he be guilty or not, and to hearken to
the evidence. When he had finished his dress, the clerk
sat down, and the judge, a thin faced, hollow eyed,
elderly man with bushy gray eyebrows and a very large nose,
looked attentively at Reuben for some moments over the tops
of his gold rimmed pins nee. Then he turned toward
the council nearest the bench and bowed slightly. The barrister
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bowed in return and rose, and for the first time
I obtained a complete view of Sir Hector Trumpler k C.
The Council for the Prosecution. His appearance was not prepossessing,
nor though he was a large man and somewhat floored,
as to his countenance particularly striking, except for the general
air of untidiness. His gown was slipping off one shoulder,
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his wig was perceptibly awry, and his mind's nay threatened
every moment to drop from his nose. The case that
I have to present to you, my lord and gentlemen
of the jury, he began, in a clear, though unmusical voice,
is one the like of which is but too often
met with in this court. It is one in which
we shall see unbounded trust met by treacherous deceit, in
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which we shall see countless benefactions rewarded by the basest ingratitude,
and in which we shall witness the deliberate renunciation of
a life of honorable effort in favor of the tortuous
and precarious ways of the criminal. The facts of the
case are briefly as follows. The prosecutor in this case
most unwilling prosecutor gentleman, is mister John Hornby, who is
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a metallurgist and dealer in precious metals. Mister Hornby has
two nephews, the orphaned sons of his two elder brothers,
and I may tell you that since the decease of
their parents, he has acted the part of a father
to both of them. One of these nephews is mister
Walter Hornby, and the other is Reuben Hornby, the prisoner
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at the bar. Both of these nephews were received by
mister Hornby into his business with a view to their
succeeding him when he should retire, and both, I need
not say, occupied positions of trust and responsibility. Now on
the evening of the ninth of March, there was delivered
to mister Hornby a parcel of rough diamonds, of which
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one of his clients asked him to take charge pending
their transfer to the brokers. I need not burden you
with irrelevant details concerning this transaction. It will suffice to
say that the diamonds, which were of the aggregate value
of about thirty thousand pounds, were delivered to him, and
the unopened package deposited by him in his safe, together
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with a slip of paper on which he had written
in pencil a memorandum of the circumstances. This was on
the evening of the ninth of March, as I have said.
Having deposited the parcel, mister Hornby locked the safe, and
shortly afterwards left the premises and went home, taking the
keys with him. On the following morning, when he unlocked
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the safe, he perceived with astonishment and dismay that the
parcel of diamonds had vanished. The slip of paper, however,
lay at the bottom of the safe, and on picking
it up, mister Hornby perceived that it bore a smear
of blood, and in addition, the distinct impression of a
human thumb on this he closed and locked the safe
and sent a note to the police station, in response
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to which a very intelligent officer, Inspector Sanderson, came and
made a preliminary examination. I need not follow the case further,
since the details will appear in the evidence, but I
may tell you that, in effect, it has been made
clear beyond all doubt, that the thumb print on that
paper was the thumb print of the prisoner, Reuben Hornby.
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He paused to adjust his glasses, which were in the
very act of falling from his nose, and hitch up
his gown while he took a leisurely survey of the jury,
as though he were estimating their impressionability. At this moment
I observed Walter Hornby enter the court and take up
a position at the end of our bench, nearest the door,
And immediately after Superintendent Miller came in and seated himself
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on one of the benches opposite the first witness, whom
I shall call, said Sir Hector Trumpler, is John Hornby.
Mister Hornby, looking wild and agitated, stepped into the witness box,
and the usher, having handed him the testament, sang out.
The evidence you shall give to the court and jury.
Sworn between our sovereign Lord, the King, and the prisoner
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at the bar, shall be the truth, the whole truth,
and nothing but the truth. So help you God. Mister
Hornby kissed the book, and, casting a glance of unutterable
misery at his nephew, turned toward the council. Your name
is John Hornby, is it not, asked, sir hector? It is?
And you occupy the premises in Saint Mary Axe. Yes,
(10:10):
I am a dealer in precious metals, but my business
consists principally in the essaying of samples of ore and
quartz and bars of silver and gold. Do you remember
what happened on the ninth of March last perfectly? My nephew,
Reuben the prisoner, delivered to me a parcel of diamonds,
which he had received from the purser of the Elmina Castle,
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to whom I had sent him as my confidential agent.
I had intended to deposit the diamonds with my banker,
but when the prisoner arrived at my office, the banks
were already closed, so I had to put the parcel
for the night in my own safe. I may say
that the prisoner was not in any way responsible for
the delay. You are not here to defend the prisoner,
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said Sir Hector. Answer my questions and make no comments,
if you please. Was any one present when you placed
the diamonds in the sea? No one was present but myself.
I did not ask if you were present when you
put them in, said Sir Hector, whereupon the spectator sniggered
and the judge smiled indulgently. What else did you do?
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I wrote him, pencil on a leaf of my pocket
memorandum book handed in by Reuben at seven three p m.
Nine three ought one, and initialed it. Then I tore
the leaf from the block and laid it on the parcel,
after which I closed the safe and locked it. How
soon did you leave the premises after this? Almost immediately?
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The prisoner was waiting for me in the outer office.
Never mind where the prisoner was. Confine your answers to
what is asked. Did you take the keys with you? Yes?
When did you next open the safe? On the following
morning at ten o'clock? Was the safe locked or unlocked?
When you arrived? It was locked. I unlocked it. Did
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you notice anything unusual about the safe. No. Had the
keys left your custody in the interval? No, they were
attached to a keychain which I always wear. Are there
any duplicates of those keys the keys of the safe?
I mean no, there are no duplicates. Have the keys
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ever gone out of your possession? Yes? If I had
to be absent from the office for a considerable time,
it has been my custom to hand the keys to
one of my nephews, whichever has happened to be in
charge at the time, and never to any other person.
Never to any other person. What did you observe when
you opened the safe? I observed that the parcel of
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diamonds had disappeared. Did you notice anything else? Yes? I
found the leaf from my memorandum block lying at the
bottom of the safe. I picked it up and turned
it over, and then saw that there were smears of
blood on it and what looked like the print of
a thumb in blood. The thumb mark on the under
surface as the paper lay at the bottom of the safe.
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What did you do next? I closed in, locked the
safe and sent a note to the police station saying
that a robbery had been committed on my premises. You
have known the prisoner several years, I believe, yes, I
have known him all his life. He is my eldest
brother's son. Then you can tell us no doubt whether
he is left handed or right handed. I should say
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he was ambidextrous, but he uses his left hand by preference.
A fine distinction, mister Hornby, A very fine distinction. Now
tell me did you ascertain beyond all doubt that the
diamonds were really gone? Yes, I examined the safe thoroughly,
first by myself and afterwards with the police. There was
no doubt that the diamonds had really gone. When the
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detective suggested that you should have the thumb prints of
your two nephews taken, did you refuse? I refused. Why
did you refuse? Because I did not choose to subject
my nephews to the indignity. Besides, I had no power
to make them submit to the proceeding. Had you any
suspicions of either of them? I had no suspicions of
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any one. Kindly examine this piece of paper, mister Hornby,
said sir Hector, passing across a small oblong slip, and
tell us if you recognize it. Mister Hornby, glanced at
the paper for a moment, and then said, this is
the memorandum slip that I found lying at the bottom
of the safe. How do you identify it by the
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writing on it, which is in my own hand and
bears my initials. Is it the memorandum that you placed
on the partial of diamonds? Yes? Was there any thumb
mark or blood smear on it when you placed it
in the safe? No? Was it possible that there could
have been any such marks? Quite impossible. I tore it
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from my memorandum block at the time I wrote upon
it very well. Sir Hector Trumpler sat down, and mister
Anstey stood up to cross examine the witness you have
told us, Doctor Hornby. He said that you have known
the prisoner all his life. Now what estimate have you
formed of his character? I have always regarded him as
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a young man of the highest character, honorable, truthful, and
in every way trustworthy. I have never, in all my
experience of him, known him to deviate a hair's breath
from the strictest honor and honesty of conduct. You regarded
him as a man of irreproachable character? Is that so?
That is so? And my opinion of him is unchanged.
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Has he, to your knowledge, any expensive or extravagant habits. No,
his habits are simple and rather thrifty. Have you ever
known him to bet, gamble or speculate? Never? Has he
ever seemed to be in want of money. No. He
has a small private income, apart from his salary, which
I know he does not spend, since I have occasionally
(15:57):
employed my broker to invest his savings. Apart from the
thumb print which was found in the safe, are you
aware of any circumstances that would lead you to suspect
the prisoner of having stolen the diamonds? None? Whatever. Mister
Anstey sat down, and mister Hornby left the witness box,
mopping the perspiration from his forehead. The next witness was called,
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Inspector Sanderson. The dapper police officer stepped briskly into the box, and,
having been duly sworn, faced the prosecuting council with the
air of a man who was prepared for any contingency.
Do you remember, said sir hector, after the usual preliminaries
had been gone through, what occurred on the morning of
the tenth of March. Yes, a note was handed to
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me at the station at ten twenty three a m.
It was for mister John Hornby and stated that a
robbery had occurred at his premises in Saint Mary Axe.
I went to the premises and arrived there at ten
thirty one a m. There I saw the prosecutor, mister
John Hornby, who told me that a part sliff diamonds
had been stolen from the safe. At his request, I
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examined the safe. There were no signs of its having
been forced open. The lock seemed to be quite uninjured
in a good order. Inside the safe, on the bottom
I found two good sized drops of blood and a
slip of paper with pencil writing on it. The paper
bore two blood smears and a print of a human
thumb in blood. Is this the paper, asked the council,
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passing a small slip across the witness. Yes, replied the inspector,
after a brief glance at the document, What did you
do next? I sent a message to Scotland Yard, acquainting
the chief of the Criminal Investigation Department with the facts,
and then went back to the station. I had no
further connection with the case. Sir Hector sat down and
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the judge glanced at annsty You tell us, said the latter,
rising that you observed two good sized drops of blood
on the bottom of the safe. Did you notice the
condition of the blood, whether moist or dry? The blood
looked moist, but I did not touch it. I left
it undisturbed for the detective officers to examine. The next
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witness called was Sergeant Bates of the Criminal Investigation Department.
He slipped into the box with the same ready, business
like air as the other officer, and having been sworn,
proceeded to give his evidence with a fluency that suggested
careful preparation, holding an open note book in his hand,
but making no references to it. On the tenth of March,
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at twelve eight p m. I received instructions to proceed
to Saint Mary Axe to inquire into a robbery that
had taken place there. Inspector Sanderson's report was handed to
me and I read it in the cab on my
way to the premises. On arriving at the premises at
twelve thirty p m. I examined the safe carefully. It
was quite uninjured and there were no marks of any
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kind upon it. I tested the locks and found them
perfect there were no marks or indications of any picklock
having been used. On the bottom of the inside, I
observed two rather large drops of a dark fluid. I
took up some of the fluid on a piece of
paper and found it to be blood. I also found
in the bottom of the safe the burnt head of
a wax match, and on searching the floor of the office,
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I found close by the safe a used wax match
from which the head had fallen. I also found a
slip of paper which appeared to have been torn from
a perforated block on it was written in pencil handed
in by Reuben at seven three p m. Nine three
ought one j H. There were two smears of blood
on the paper, and the impression of a human thumb
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in blood. I took possession of the paper in order
that it might be examined by the experts. I inspected
the office doors and the outer door of the premises,
but found no signs of forcible entrance on any of them.
I questioned the housekeeper, but obtained no information from him.
I then returned to headquarters, made my report, and handed
the paper with the marks on it to the superintendent.
(20:00):
Is this the paper that you found in the safe,
asked the council, once more, handing the leaflet across, Yes,
this is the paper. What happened next? The following afternoon
I was sent for by mister Singleton of the finger
print Department. He informed me that he had gone through
the files and had not been able to find any
thumb print resembling the one on the paper, and recommended
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me to endeavor to obtain prints of the thumbs of
any person who might have been concerned in the robbery.
He also gave me an enlarged photograph of the thumb
print for reference if necessary. I accordingly went to Saint
Mary Axe and had an interview with mister Hornby, when
I requested him to allow me to take the prints
of the thumbs of all the persons employed on the premises,
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including his two nephews. This he refused, saying that he
distrusted finger prints and that there was no suspicion of
any one on the premises. I asked if he would
allow his nephews to furnish their thumb prints privately, to
which he replied certainly not. Had you then as bision
of either of the nephews, I thought they were both
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open to some suspicion. The safe had certainly been opened
with false keys, and as they both had the real
keys in their possession, it was possible that one of
them might have taken impressions in wax and made counterfeit keys. Yes,
I called on mister Hornby several times and urged him,
for the sake of his nephew's reputations, to sanction the
taking of the thumb prints. But he refused very positively
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and forbade them to submit, although I understood that they
were both willing. It then occurred to me to try
if I could get any help from missus Hornby, And
on the fifteenth of March I called it mister Hornby's
private house and saw her. I explained to her what
was wanted to clear her nephews from the suspicion that
rested on them, And she then said that she could
dispose of these suspicions at once, for she could show
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me the thumb prints of the whole family. She had
them all in a thumbograph. A thumbograph, repeated the judge.
What is a thumbograph? Ann Steve, with a little red
covered volume in his hand, A thumbograph, my Lord said,
he is a book like this in which foolish people
collect the thumb prints of their more foolish acquaintances. He
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passed the volume up to the judge, who turned over
the leaves curiously and then nodded to the witness. Yes,
she said, she had them all in a thumbograph. Then
she fetched from a drawer a small bread covered book,
which she showed to me. It contained the thumb prints
of all the family and some of her friends. Is
this the book, asked the judge, passing the volume down
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to the witness. The sergeant turned over the leaves until
he came to one which he apparently recognized, and said, yes,
my lord, this is the book. Missus Hornby showed me
the thumb prints of various members of the family, and
then found those of her two nephews. I compared them
with the photograph that I had with me and discovered
that the print of the left thumb of Reuben Hornby
was in every respect identical with the thumb print shown
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in the photograph. What did you do? Then? I asked
Missus Hornby to lend me the thumbograph so that I
might show it to the chief of the finger print department,
to which she consented. I had not intended to tell
her my discovery, but as I was leaving, mister Hornby
arrived home, and when he heard of what had taken place,
he asked me why I wanted the book, and I
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then told him. He was greatly astonished and horrified, and
wished me to return the book at once. He proposed
to let the whole matter drop and take the loss
of the diamonds on himself, but I pointed out that
this was impossible, as it would practically amount to compounding
a felony. Seeing that Missus Hornby was so distressed at
the idea of her book being used in evidence against
her nephew, I promised her that I would return it
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to her if I could obtain a thumb print in
any other way. I then took the thumbograph to Scotland
Yard and showed it to mister Singleton, who agreed that
the print of the left thumb of Reuben Hornby was
in every respect identical with the thumb print on the
paper found in the safe. On this I applied for
a warrant for the arrest of Reuben Hornby, which I
executed on the following morning. I told the prisoner what
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I had promised Missus Hornby, and he then offered to
allow me to take a print of his left thumb,
so that his aunt's books should not have to be
used in evidence. How is it, then asked the judge
that it has been put in evidence. It has been
put in by the defense, my lord, said Sir Hector Trumpler.
I see, said the judge, a hair of the dog
(24:23):
that bit him. The thumbograph is to be applied as
a remedy on the principle that Similia Similivu's curranter well.
When I arrested him, I administered the usual caution, and
the prisoner then said, I am innocent. I know nothing
about the robbery. The Council for the prosecution sat down,
an Anstey rose to cross examine. You have told us,
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said he in his clear musical voice, that you found
at the bottom of the safe two rather large drops
of a dark fluid which you considered to be blood.
Now what led you to believe that fluid to be blood?
I took some of the fluid up on a piece
of white paper, and it had the appearance and color
of blood. Was it examined microscopically? Or otherwise not to
(25:09):
my knowledge? Was it quite liquid? Yes, I should say
quite liquid. What appearance had it on paper? It looked
like a clear red liquid of the color of blood,
and was rather thick and sticky. Anstey sat down in
the next witness, an elderly man answering to the name
of Francis Simmons, was called. You are the housekeeper at
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mister Hornby's premises in Saint Mary. Axe asked Sir Hector Trumpler,
I am, did you notice anything unusual on the night
of the ninth of March? I did not. Did you
make your usual rounds on that occasion? Yes? I went
all over the premises several times during the night, and
the rest of the time. I was in a room
(25:51):
over the private office. Who arrived first on the morning
of the tenth mister Reuben. He arrived about twenty minutes
before anybody else. What part of the building did he
go to? He went to the private office, which I
opened for him. He remained there a few minutes before
mister Hornby arrived. When he went up to the laboratory.
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Who came next? Mister Hornby and mister Walter came in
just after him. The council sat down and Annstey proceeded
to cross examine the witness, who was the last to
leave the premises on the evening of the ninth I
am not sure. Why are you not sure? I had
to take a note and a parcel to a firm
(26:32):
at Shoreditch. When I started, a clerk named Thomas Holker
was in the outer office and mister Walter Hornby was
in the private office. When I returned, they had both gone.
Was the outer door locked? Yes? Had Holkler a key
of the outer door? No? Mister Hornby and his two
nephews each had a key, and I had one. No
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one else had a key. How long were you absent?
About three quarters of an hour. Who gave you the
note in the parcel? Mister Walter Hornby? When did he
give them to you? He gave them to me just
before I started and told me to go at once
for fear the place should be closed before I got there.
And was the place closed? Yes, it was all shut
(27:15):
up and everybody had gone. Annstey resumed his seat. The
witness shuffled out of the box with an air of
evident relief, and the usher called out Henry James Singleton,
end of Chapter fifteen, Part one,
Chapter fifteen of The Red Thumb Mark. This is a
LibriVox recording. All LibriVox recordings are in the public domain.
For more information or to volunteer, please visit LibriVox dot org.
Recording by Marianne The Red Thumb Mark by R. Austin Freeman,
Chapter fifteen, The finger Print Experts, Part one. The hum
(00:20):
of conversation that had been gradually increasing as the court
filled suddenly ceased. A door at the back of the
das was flung open. Councils, solicitors, and spectators alike rose
to their feet, and the judge entered, closely followed by
the Lord Mayor, the sheriff, and various civic magnates, all
picturesque and gorgeous in their robes and chains of office.
(00:41):
The Clerk of Arrains took his place behind his table
under the dais. The council suspended their conversation and fingered
their briefs, and as the judge took his seat, lawyers,
officials and spectators took their seats, and all eyes were
turned toward the dock. A few moments later, Reuben Hornby
appeared in the enclosure in company with a war The
two rising apparently from the bowels of the earth, and
(01:03):
stepping forward to the bar, stood with a calm, self
possessed demeanor, glancing somewhat curiously round the court. For an
instant his eye rested upon the group of friends and
well wishers seated behind the council, and the faintest trace
of a smile appeared on his face. But immediately he
turned his eyes away, and never again throughout the trial
looked in our direction. The Clerk of Herrains now rose, and,
(01:26):
reading from the indictment which lay before him on the table,
addressed the prisoner, Reuben Hornby. You stand indicted for that
you did on the ninth or tenth day of March
felinously steal a parcel of diamonds of the goods and
chattels of John Hornby. Are you guilty or not guilty?
Not guilty, replied Reuben. The Clerk of Arrains, having noted
(01:48):
the prisoner's reply, then proceeded. The gentlemen whose names are
about to be called will form the jury who are
to try you. If you wish to object to any
of them, you must do so as each comes to
the book to be sworn, and before he is sworn,
you will then be heard in acknowledgment of this address,
which was delivered in clear, ringing tones and with remarkable distinctness.
(02:09):
Reuben bowed to the clerk, and the process of swearing
in the jury was commenced, while the council opened their
briefs and the judge conversed facetiously with an official in
a fur robe and a massive neck chain. Very strange
to unaccustomed eyes and ears was the effect of this function,
half solemn and half grotesque, with an effect intermediate between
(02:30):
that of a religious rite and that of a comic opera.
Above the half suppressed hum of conversation, the clerk's voice
arose at regular intervals, calling out the name of one
of the jurymen, and as its owner stood up the
court usher black gowned and sacerdotal of aspect, advanced and
proffered the book. Than as the juryman took the volume
(02:51):
in his hand, the voice of the usher resounded through
the court like that of a priest intoning some refrain
or antiphon, an effect that was increased by the rhythmic
and archae character of the formula. Samuel Seppings, a stolid
looking workingman, rose and taking the testament in his hand
stood regarding the usher, while that official sang out in
(03:11):
a solemn monotone, you shall well and truly try and
true deliverance make between our sovereign Lord, the King, and
the prisoner at the bar, whom you shall have in charge,
and a true verdict give according to the evidence, So
help you God. James Piper, another juryman, rose and was
given the book to hold, and again the monotonous sing
(03:32):
song arose. You shall well and truly try and true deliverance,
make et cetera. I shall scream aloud if that horrible
chant goes on much longer. Juliet whispered, why don't they
all swear at once and have done with it? That
would not meet the requirements. I answered, however, there are
only two more. So you must have patience, and you
(03:54):
will have patience with me too, won't you. I am
horribly frightened. It is all so solemn and dreadful. You
must try to keep up your courage until doctor Thorndyke
has given his evidence. I said, remember that until he
has spoken, everything is against Reuben, so be prepared. I
will try, she answered meekly, but I can't help being terrified.
(04:17):
The last of the jurymen was at length sworn, and
when the clerk had once more called out the names
one by one, the usher counting loudly as each man
answered to his name, The latter officer turned to the
court and spectators and proclaimed, in solemn tones, if any
one can inform my lords, the King's Justices, the King's
Attorney General, or the King's sergeant ere, this inquest be
(04:39):
now taken between our sovereign Lord, the King, and the
prisoner at the bar of any treason, murder, felony, or
mister meader committed or done by him. Let him come forth,
and he shall be heard. For the prisoner stands at
the bar. Upon his deliverance. This proclamation was followed by
a profound silence, and after a brief interval, the Clerk
(04:59):
of turned toward the jury and addressed them collectively, Gentlemen
of the Jury, the prisoner at the bar stands indicted
by the name of Reuben Hornby, for that he, on
the ninth or tenth of March Felonousley, did steal, take
and carry away a parcel of diamonds of the goods
of John Hornby. To this indictment, he has pleaded that
he is not guilty, and your charge is to inquire
(05:22):
whether he be guilty or not, and to hearken to
the evidence. When he had finished his dress, the clerk
sat down, and the judge, a thin faced, hollow eyed,
elderly man with bushy gray eyebrows and a very large nose,
looked attentively at Reuben for some moments over the tops
of his gold rimmed pins nee. Then he turned toward
the council nearest the bench and bowed slightly. The barrister
(05:46):
bowed in return and rose, and for the first time
I obtained a complete view of Sir Hector Trumpler k C.
The Council for the Prosecution. His appearance was not prepossessing,
nor though he was a large man and somewhat floored,
as to his countenance particularly striking, except for the general
air of untidiness. His gown was slipping off one shoulder,
(06:06):
his wig was perceptibly awry, and his mind's nay threatened
every moment to drop from his nose. The case that
I have to present to you, my lord and gentlemen
of the jury, he began, in a clear, though unmusical voice,
is one the like of which is but too often
met with in this court. It is one in which
we shall see unbounded trust met by treacherous deceit, in
(06:30):
which we shall see countless benefactions rewarded by the basest ingratitude,
and in which we shall witness the deliberate renunciation of
a life of honorable effort in favor of the tortuous
and precarious ways of the criminal. The facts of the
case are briefly as follows. The prosecutor in this case
most unwilling prosecutor gentleman, is mister John Hornby, who is
(06:54):
a metallurgist and dealer in precious metals. Mister Hornby has
two nephews, the orphaned sons of his two elder brothers,
and I may tell you that since the decease of
their parents, he has acted the part of a father
to both of them. One of these nephews is mister
Walter Hornby, and the other is Reuben Hornby, the prisoner
(07:16):
at the bar. Both of these nephews were received by
mister Hornby into his business with a view to their
succeeding him when he should retire, and both, I need
not say, occupied positions of trust and responsibility. Now on
the evening of the ninth of March, there was delivered
to mister Hornby a parcel of rough diamonds, of which
(07:37):
one of his clients asked him to take charge pending
their transfer to the brokers. I need not burden you
with irrelevant details concerning this transaction. It will suffice to
say that the diamonds, which were of the aggregate value
of about thirty thousand pounds, were delivered to him, and
the unopened package deposited by him in his safe, together
(07:58):
with a slip of paper on which he had written
in pencil a memorandum of the circumstances. This was on
the evening of the ninth of March, as I have said.
Having deposited the parcel, mister Hornby locked the safe, and
shortly afterwards left the premises and went home, taking the
keys with him. On the following morning, when he unlocked
(08:18):
the safe, he perceived with astonishment and dismay that the
parcel of diamonds had vanished. The slip of paper, however,
lay at the bottom of the safe, and on picking
it up, mister Hornby perceived that it bore a smear
of blood, and in addition, the distinct impression of a
human thumb on this he closed and locked the safe
and sent a note to the police station, in response
(08:40):
to which a very intelligent officer, Inspector Sanderson, came and
made a preliminary examination. I need not follow the case further,
since the details will appear in the evidence, but I
may tell you that, in effect, it has been made
clear beyond all doubt, that the thumb print on that
paper was the thumb print of the prisoner, Reuben Hornby.
(09:03):
He paused to adjust his glasses, which were in the
very act of falling from his nose, and hitch up
his gown while he took a leisurely survey of the jury,
as though he were estimating their impressionability. At this moment
I observed Walter Hornby enter the court and take up
a position at the end of our bench, nearest the door,
And immediately after Superintendent Miller came in and seated himself
(09:25):
on one of the benches opposite the first witness, whom
I shall call, said Sir Hector Trumpler, is John Hornby.
Mister Hornby, looking wild and agitated, stepped into the witness box,
and the usher, having handed him the testament, sang out.
The evidence you shall give to the court and jury.
Sworn between our sovereign Lord, the King, and the prisoner
(09:47):
at the bar, shall be the truth, the whole truth,
and nothing but the truth. So help you God. Mister
Hornby kissed the book, and, casting a glance of unutterable
misery at his nephew, turned toward the council. Your name
is John Hornby, is it not, asked, sir hector? It is?
And you occupy the premises in Saint Mary Axe. Yes,
(10:10):
I am a dealer in precious metals, but my business
consists principally in the essaying of samples of ore and
quartz and bars of silver and gold. Do you remember
what happened on the ninth of March last perfectly? My nephew,
Reuben the prisoner, delivered to me a parcel of diamonds,
which he had received from the purser of the Elmina Castle,
(10:31):
to whom I had sent him as my confidential agent.
I had intended to deposit the diamonds with my banker,
but when the prisoner arrived at my office, the banks
were already closed, so I had to put the parcel
for the night in my own safe. I may say
that the prisoner was not in any way responsible for
the delay. You are not here to defend the prisoner,
(10:52):
said Sir Hector. Answer my questions and make no comments,
if you please. Was any one present when you placed
the diamonds in the sea? No one was present but myself.
I did not ask if you were present when you
put them in, said Sir Hector, whereupon the spectator sniggered
and the judge smiled indulgently. What else did you do?
(11:15):
I wrote him, pencil on a leaf of my pocket
memorandum book handed in by Reuben at seven three p m.
Nine three ought one, and initialed it. Then I tore
the leaf from the block and laid it on the parcel,
after which I closed the safe and locked it. How
soon did you leave the premises after this? Almost immediately?
(11:37):
The prisoner was waiting for me in the outer office.
Never mind where the prisoner was. Confine your answers to
what is asked. Did you take the keys with you? Yes?
When did you next open the safe? On the following
morning at ten o'clock? Was the safe locked or unlocked?
When you arrived? It was locked. I unlocked it. Did
(12:00):
you notice anything unusual about the safe. No. Had the
keys left your custody in the interval? No, they were
attached to a keychain which I always wear. Are there
any duplicates of those keys the keys of the safe?
I mean no, there are no duplicates. Have the keys
(12:20):
ever gone out of your possession? Yes? If I had
to be absent from the office for a considerable time,
it has been my custom to hand the keys to
one of my nephews, whichever has happened to be in
charge at the time, and never to any other person.
Never to any other person. What did you observe when
you opened the safe? I observed that the parcel of
(12:43):
diamonds had disappeared. Did you notice anything else? Yes? I
found the leaf from my memorandum block lying at the
bottom of the safe. I picked it up and turned
it over, and then saw that there were smears of
blood on it and what looked like the print of
a thumb in blood. The thumb mark on the under
surface as the paper lay at the bottom of the safe.
(13:04):
What did you do next? I closed in, locked the
safe and sent a note to the police station saying
that a robbery had been committed on my premises. You
have known the prisoner several years, I believe, yes, I
have known him all his life. He is my eldest
brother's son. Then you can tell us no doubt whether
he is left handed or right handed. I should say
(13:28):
he was ambidextrous, but he uses his left hand by preference.
A fine distinction, mister Hornby, A very fine distinction. Now
tell me did you ascertain beyond all doubt that the
diamonds were really gone? Yes, I examined the safe thoroughly,
first by myself and afterwards with the police. There was
no doubt that the diamonds had really gone. When the
(13:50):
detective suggested that you should have the thumb prints of
your two nephews taken, did you refuse? I refused. Why
did you refuse? Because I did not choose to subject
my nephews to the indignity. Besides, I had no power
to make them submit to the proceeding. Had you any
suspicions of either of them? I had no suspicions of
(14:12):
any one. Kindly examine this piece of paper, mister Hornby,
said sir Hector, passing across a small oblong slip, and
tell us if you recognize it. Mister Hornby, glanced at
the paper for a moment, and then said, this is
the memorandum slip that I found lying at the bottom
of the safe. How do you identify it by the
(14:33):
writing on it, which is in my own hand and
bears my initials. Is it the memorandum that you placed
on the partial of diamonds? Yes? Was there any thumb
mark or blood smear on it when you placed it
in the safe? No? Was it possible that there could
have been any such marks? Quite impossible. I tore it
(14:54):
from my memorandum block at the time I wrote upon
it very well. Sir Hector Trumpler sat down, and mister
Anstey stood up to cross examine the witness you have
told us, Doctor Hornby. He said that you have known
the prisoner all his life. Now what estimate have you
formed of his character? I have always regarded him as
(15:14):
a young man of the highest character, honorable, truthful, and
in every way trustworthy. I have never, in all my
experience of him, known him to deviate a hair's breath
from the strictest honor and honesty of conduct. You regarded
him as a man of irreproachable character? Is that so?
That is so? And my opinion of him is unchanged.
(15:35):
Has he, to your knowledge, any expensive or extravagant habits. No,
his habits are simple and rather thrifty. Have you ever
known him to bet, gamble or speculate? Never? Has he
ever seemed to be in want of money. No. He
has a small private income, apart from his salary, which
I know he does not spend, since I have occasionally
(15:57):
employed my broker to invest his savings. Apart from the
thumb print which was found in the safe, are you
aware of any circumstances that would lead you to suspect
the prisoner of having stolen the diamonds? None? Whatever. Mister
Anstey sat down, and mister Hornby left the witness box,
mopping the perspiration from his forehead. The next witness was called,
(16:19):
Inspector Sanderson. The dapper police officer stepped briskly into the box, and,
having been duly sworn, faced the prosecuting council with the
air of a man who was prepared for any contingency.
Do you remember, said sir hector, after the usual preliminaries
had been gone through, what occurred on the morning of
the tenth of March. Yes, a note was handed to
(16:43):
me at the station at ten twenty three a m.
It was for mister John Hornby and stated that a
robbery had occurred at his premises in Saint Mary Axe.
I went to the premises and arrived there at ten
thirty one a m. There I saw the prosecutor, mister
John Hornby, who told me that a part sliff diamonds
had been stolen from the safe. At his request, I
(17:03):
examined the safe. There were no signs of its having
been forced open. The lock seemed to be quite uninjured
in a good order. Inside the safe, on the bottom
I found two good sized drops of blood and a
slip of paper with pencil writing on it. The paper
bore two blood smears and a print of a human
thumb in blood. Is this the paper, asked the council,
(17:26):
passing a small slip across the witness. Yes, replied the inspector,
after a brief glance at the document, What did you
do next? I sent a message to Scotland Yard, acquainting
the chief of the Criminal Investigation Department with the facts,
and then went back to the station. I had no
further connection with the case. Sir Hector sat down and
(17:48):
the judge glanced at annsty You tell us, said the latter,
rising that you observed two good sized drops of blood
on the bottom of the safe. Did you notice the
condition of the blood, whether moist or dry? The blood
looked moist, but I did not touch it. I left
it undisturbed for the detective officers to examine. The next
(18:10):
witness called was Sergeant Bates of the Criminal Investigation Department.
He slipped into the box with the same ready, business
like air as the other officer, and having been sworn,
proceeded to give his evidence with a fluency that suggested
careful preparation, holding an open note book in his hand,
but making no references to it. On the tenth of March,
(18:31):
at twelve eight p m. I received instructions to proceed
to Saint Mary Axe to inquire into a robbery that
had taken place there. Inspector Sanderson's report was handed to
me and I read it in the cab on my
way to the premises. On arriving at the premises at
twelve thirty p m. I examined the safe carefully. It
was quite uninjured and there were no marks of any
(18:52):
kind upon it. I tested the locks and found them
perfect there were no marks or indications of any picklock
having been used. On the bottom of the inside, I
observed two rather large drops of a dark fluid. I
took up some of the fluid on a piece of
paper and found it to be blood. I also found
in the bottom of the safe the burnt head of
a wax match, and on searching the floor of the office,
(19:15):
I found close by the safe a used wax match
from which the head had fallen. I also found a
slip of paper which appeared to have been torn from
a perforated block on it was written in pencil handed
in by Reuben at seven three p m. Nine three
ought one j H. There were two smears of blood
on the paper, and the impression of a human thumb
(19:36):
in blood. I took possession of the paper in order
that it might be examined by the experts. I inspected
the office doors and the outer door of the premises,
but found no signs of forcible entrance on any of them.
I questioned the housekeeper, but obtained no information from him.
I then returned to headquarters, made my report, and handed
the paper with the marks on it to the superintendent.
(20:00):
Is this the paper that you found in the safe,
asked the council, once more, handing the leaflet across, Yes,
this is the paper. What happened next? The following afternoon
I was sent for by mister Singleton of the finger
print Department. He informed me that he had gone through
the files and had not been able to find any
thumb print resembling the one on the paper, and recommended
(20:22):
me to endeavor to obtain prints of the thumbs of
any person who might have been concerned in the robbery.
He also gave me an enlarged photograph of the thumb
print for reference if necessary. I accordingly went to Saint
Mary Axe and had an interview with mister Hornby, when
I requested him to allow me to take the prints
of the thumbs of all the persons employed on the premises,
(20:43):
including his two nephews. This he refused, saying that he
distrusted finger prints and that there was no suspicion of
any one on the premises. I asked if he would
allow his nephews to furnish their thumb prints privately, to
which he replied certainly not. Had you then as bision
of either of the nephews, I thought they were both
(21:03):
open to some suspicion. The safe had certainly been opened
with false keys, and as they both had the real
keys in their possession, it was possible that one of
them might have taken impressions in wax and made counterfeit keys. Yes,
I called on mister Hornby several times and urged him,
for the sake of his nephew's reputations, to sanction the
taking of the thumb prints. But he refused very positively
(21:26):
and forbade them to submit, although I understood that they
were both willing. It then occurred to me to try
if I could get any help from missus Hornby, And
on the fifteenth of March I called it mister Hornby's
private house and saw her. I explained to her what
was wanted to clear her nephews from the suspicion that
rested on them, And she then said that she could
dispose of these suspicions at once, for she could show
(21:49):
me the thumb prints of the whole family. She had
them all in a thumbograph. A thumbograph, repeated the judge.
What is a thumbograph? Ann Steve, with a little red
covered volume in his hand, A thumbograph, my Lord said,
he is a book like this in which foolish people
collect the thumb prints of their more foolish acquaintances. He
(22:12):
passed the volume up to the judge, who turned over
the leaves curiously and then nodded to the witness. Yes,
she said, she had them all in a thumbograph. Then
she fetched from a drawer a small bread covered book,
which she showed to me. It contained the thumb prints
of all the family and some of her friends. Is
this the book, asked the judge, passing the volume down
(22:33):
to the witness. The sergeant turned over the leaves until
he came to one which he apparently recognized, and said, yes,
my lord, this is the book. Missus Hornby showed me
the thumb prints of various members of the family, and
then found those of her two nephews. I compared them
with the photograph that I had with me and discovered
that the print of the left thumb of Reuben Hornby
was in every respect identical with the thumb print shown
(22:55):
in the photograph. What did you do? Then? I asked
Missus Hornby to lend me the thumbograph so that I
might show it to the chief of the finger print department,
to which she consented. I had not intended to tell
her my discovery, but as I was leaving, mister Hornby
arrived home, and when he heard of what had taken place,
he asked me why I wanted the book, and I
(23:16):
then told him. He was greatly astonished and horrified, and
wished me to return the book at once. He proposed
to let the whole matter drop and take the loss
of the diamonds on himself, but I pointed out that
this was impossible, as it would practically amount to compounding
a felony. Seeing that Missus Hornby was so distressed at
the idea of her book being used in evidence against
her nephew, I promised her that I would return it
(23:38):
to her if I could obtain a thumb print in
any other way. I then took the thumbograph to Scotland
Yard and showed it to mister Singleton, who agreed that
the print of the left thumb of Reuben Hornby was
in every respect identical with the thumb print on the
paper found in the safe. On this I applied for
a warrant for the arrest of Reuben Hornby, which I
executed on the following morning. I told the prisoner what
(24:01):
I had promised Missus Hornby, and he then offered to
allow me to take a print of his left thumb,
so that his aunt's books should not have to be
used in evidence. How is it, then asked the judge
that it has been put in evidence. It has been
put in by the defense, my lord, said Sir Hector Trumpler.
I see, said the judge, a hair of the dog
(24:23):
that bit him. The thumbograph is to be applied as
a remedy on the principle that Similia Similivu's curranter well.
When I arrested him, I administered the usual caution, and
the prisoner then said, I am innocent. I know nothing
about the robbery. The Council for the prosecution sat down,
an Anstey rose to cross examine. You have told us,
(24:47):
said he in his clear musical voice, that you found
at the bottom of the safe two rather large drops
of a dark fluid which you considered to be blood.
Now what led you to believe that fluid to be blood?
I took some of the fluid up on a piece
of white paper, and it had the appearance and color
of blood. Was it examined microscopically? Or otherwise not to
(25:09):
my knowledge? Was it quite liquid? Yes, I should say
quite liquid. What appearance had it on paper? It looked
like a clear red liquid of the color of blood,
and was rather thick and sticky. Anstey sat down in
the next witness, an elderly man answering to the name
of Francis Simmons, was called. You are the housekeeper at
(25:31):
mister Hornby's premises in Saint Mary. Axe asked Sir Hector Trumpler,
I am, did you notice anything unusual on the night
of the ninth of March? I did not. Did you
make your usual rounds on that occasion? Yes? I went
all over the premises several times during the night, and
the rest of the time. I was in a room
(25:51):
over the private office. Who arrived first on the morning
of the tenth mister Reuben. He arrived about twenty minutes
before anybody else. What part of the building did he
go to? He went to the private office, which I
opened for him. He remained there a few minutes before
mister Hornby arrived. When he went up to the laboratory.
(26:12):
Who came next? Mister Hornby and mister Walter came in
just after him. The council sat down and Annstey proceeded
to cross examine the witness, who was the last to
leave the premises on the evening of the ninth I
am not sure. Why are you not sure? I had
to take a note and a parcel to a firm
(26:32):
at Shoreditch. When I started, a clerk named Thomas Holker
was in the outer office and mister Walter Hornby was
in the private office. When I returned, they had both gone.
Was the outer door locked? Yes? Had Holkler a key
of the outer door? No? Mister Hornby and his two
nephews each had a key, and I had one. No
(26:52):
one else had a key. How long were you absent?
About three quarters of an hour. Who gave you the
note in the parcel? Mister Walter Hornby? When did he
give them to you? He gave them to me just
before I started and told me to go at once
for fear the place should be closed before I got there.
And was the place closed? Yes, it was all shut
(27:15):
up and everybody had gone. Annstey resumed his seat. The
witness shuffled out of the box with an air of
evident relief, and the usher called out Henry James Singleton,
end of Chapter fifteen, Part one,
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