Counsel for the defence had endeavoured to make much of the fact that the
dead body of Sir Horace Fewbanks was fully dressed when the police
discovered it. He endeavoured to persuade them that such a fact
established the complete innocence of the prisoner and that because of it
they must bring in a verdict of "not guilty." He asked them to accept it
as evidence not only that Sir Horace Fewbanks was dead when the prisoner
broke into the house, but that he was dead when Hill left Riversbrook at
7.30 p. m. to meet Birchill at Fanning's flat. With an ingenuity which
did credit to his imagination, he put before them as his theory of the
crime that a quarrel took place between Sir Horace Fewbanks and Hill at
Riversbrook, that Hill shot his master and then went to Fanning's flat so
as to see that Birchill carried out the burglary as arranged, and at the
same time found Sir Horace's dead body, and thus directed suspicion to
himself. The only support for this, far-fetched theory was that the body
when discovered by the police was fully dressed, and that none of the
electric lights were burning. Counsel for the defence contended that
these two facts established his theory that the murder was committed
before dusk. They established nothing of the kind. There were half a
dozen more credible explanations of these things than the one he asked
the jury to accept. What mystery was there in a man being fully dressed
in his own house at midnight? The defence had been at great pains to show
that Sir Horace Fewbanks was a man of somewhat irregular habits in his
private life. Did not that suggest that he might have turned off the
lights and gone to sleep in an arm-chair in the library with the
intention of going out in an hour or two to keep an appointment? If he
had an appointment--and his sudden and unexpected return from Scotland
would suggest that he had a secret and important appointment--he would be
more likely to take a short nap in his chair than to undress and go to
bed. Might not the prisoner, who was a bold and reckless man, have broken
into the house when the lights were burning and his victim was awake and
fully dressed? In that case what was to prevent his turning off the
lights before leaving the house instead of leaving them burning to
attract attention? What was to prevent the prisoner turning off the
lights in order to convey the impression that the crime had been
committed in daylight?
Public-domain text, read in full here on John Shaqi.
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