you say that the footprints of which you have spoken were made by those shoes?”
“No; I could not say that. I can only say that, to the best of my belief, the pattern on the shoes is similar to that in the footprints.”
This was the sum of Dr. Burrows’ evidence, and to all of it Thorndyke listened with an immovable countenance, though with the closest attention. Equally attentive was the accused man, though not equally impassive; indeed, so great was his agitation that presently one of the constables asked permission to get him a chair.
The next witness was Arthur Jezzard. He testified that he had viewed the body, and identified it as that of Charles Hearn; that he had been acquainted with deceased for some years, but knew practically nothing of his affairs. At the time of his death deceased was lodging in the village.
“Why did he leave the yacht?” the coroner inquired. “Was there any kind of disagreement!”
“Not in the least,” replied Jezzard. “He grew tired of the confinement of the yacht, and came to live ashore for a change. But we were the best of friends, and he intended to come with us when we sailed.”
“When did you see him last?”
“On the night before the body was found—that is, last Monday. He had been dining on the yacht, and we put him ashore about midnight. He said as we were rowing him ashore that he intended to walk home along the sands us the tide was out. He went up the stone steps by the watch-house, and turned at the top to wish us good-night. That was the last time I saw him alive.”
“Do you know anything of the relations between the accused and the deceased?” the coroner asked.
“Very little,” replied Jezzard. “Mr. Draper was introduced to us by the deceased about a month ago. I believe they had been acquainted some years, and they appeared to be on excellent terms. There was no indication of any quarrel or disagreement between them.”
“What time did the accused leave the yacht on the night of the murder?”
“About ten o’clock. He said that he wanted to get home early, as his housekeeper was away and he did not like the house to be left with no one in it.”
This was the whole of Jezzard’s evidence, and was confirmed by that of Leach and Pitford. Then, when the fisherman had deposed to the discovery of the body, the sergeant was called, and stepped forward, grasping a carpet-bag, and looking as uncomfortable as if he had been the accused instead of a witness. He described the circumstances under which he saw the body, giving the exact time and place with official precision.
“You have heard Dr. Burrows’ description of the footprints?” the coroner inquired.
“Yes. There were two sets. One set were evidently made by deceased. They showed that he entered St. Bridget’s Bay from the direction of Port Marston. He had been walking along the shore just about high-water mark, sometimes above and sometimes below. Where he had walked below high-water mark the footprints had of course been washed away by the sea.”
“How far back did you trace the footprints of deceased?”
“About two-thirds of the way to Sundersley Gap. Then they disappeared below high-water mark. Later in the evening I walked from the Gap into Port Marston, but could not find any further traces of deceased. He must have walked between the tide-marks all the way from Port Marston to beyond Sundersley. When these footprints entered St. Bridget’s Bay they became mixed up with the footprints of another man, and the shore was trampled for a space of a dozen yards as if a furious struggle had taken place. The strange man’s tracks came down from the Shepherd’s Path, and went up it again; but, owing to the hardness of the ground from the dry weather, the tracks disappeared a short distance up the path, and I could not find them again.”
“What were these strange footprints like?” inquired the coroner.
“They were very peculiar,” replied the sergeant. “They were made by shoes armed with smallish hob-nails, which were arranged in a diamond-shaped pattern on the holes and in a cross on the heels. I measured the footprints carefully, and made a drawing of each foot at the time.” Here the sergeant produced a long notebook of funereal aspect, and, having opened it at a marked place, handed it to the coroner, who examined it attentively, and then passed it on to the jury. From the jury it was presently transferred to Thorndyke, and, looking over his shoulder, I saw a very workmanlike sketch of a pair of footprints with the principal dimensions inserted.
Thorndyke surveyed the drawing critically, jotted down a few brief notes, and returned the sergeant’s notebook to the coroner, who, as he took it, turned once more to the officer.
“Have you any clue, sergeant, to the person who made these footprints?” he asked.
By way of reply the sergeant opened his carpet-bag, and, extracting therefrom a pair of smart but stoutly made shoes, laid them on the table.
“Those shoes,” he said, “are the property of the accused; he was wearing them when I arrested him. They appear to correspond exactly to the footprints of the murderer. The measurements are the same, and the nails with which they are studded are arranged in a similar pattern:
“Extreme length, 11¾ inches.
“Width at A, 4½ inches.
“Length of heel, 3¼ inches
“Width of heel at cross, 3 inches.”
“Would you swear that the footprints were made with these shoes?” asked the coroner.
“No, sir, I would not,” was the decided answer. “I would only swear to the similarity of size and pattern.”
“Had you ever seen these shoes before you made the drawing?”
“No, sir,” replied the sergeant; and he then related the incident of the footprints in the soft earth by the pond which led him to make the arrest.
The coroner gazed reflectively at the shoes which he held in his hand, and from them to the drawing; then, passing them to the foreman of the jury, he remarked:
“Well, gentlemen, it is not for me to tell you whether these shoes answer to the description given by Dr. Burrows and the sergeant, or whether they resemble the drawing which, as you have heard, was made by the officer on the spot and before he had seen the shoes; that is a matter for you to decide. Meanwhile, there is another question that we must consider.” He turned to the sergeant and asked: “Have you made any inquiries as to the movements of the accused on the night of the murder?”
“I have,” replied the sergeant, “and I find that, on that night, the accused was alone in the house, his housekeeper having gone over to Eastwich. Two men saw him in the town about ten o’clock, apparently walking in the direction of Sundersley.”
This concluded the sergeant’s evidence, and when one or two more witnesses had been examined without eliciting any fresh facts, the coroner briefly recapitulated the evidence, and requested the jury to consider their verdict. Thereupon a solemn hush fell upon the court, broken only by the whispers of the jurymen, as they consulted together; and the spectators gazed in awed expectancy from the accused to the whispering jury. I glanced at Draper, sitting huddled in his chair, his clammy face as pale as that of the corpse in the mortuary hard by, his hands tremulous and restless; and, scoundrel as I believed him to be, I could not but pity the abject
