"Only because the jury were a pack of fools who knew nothing about
evidence. Granted that Hill lied about the plan--that he drew it up
voluntarily in his spare time to assist Birchill--it proves nothing. It
doesn't prove that Hill committed the murder. It only proves that Hill
was going to share in the proceeds of the burglary; that he was a willing
party to it. The one big outstanding fact in all the evidence, the fact
that towered over all the others, is that Birchill broke into the house
on the night Sir Horace Fewbanks was murdered. The defence made no
attempt to get away from that fact because they could not do so. But
Holymead vamped up all sorts of surmises and suppositions for the purpose
of befogging the jury and getting their minds away from the outstanding
feature of the case for the prosecution. We proved that Birchill was in
the house on a criminal errand. What more could they expect us to prove?
They couldn't expect us to have a man looking through the window or
hiding behind the door when the murder was committed. If we could get
evidence of that kind we could do without juries. We could hang our man
first and try him afterwards. I don't think a verdict of acquittal from a
befogged jury would do so much harm in such a case."
"You are still convinced that Birchill did it?" said Rolfe
questioningly.
"I have never wavered from that opinion," said his superior. "If I had,
this note of Hill's would restore my conviction in Birchill's guilt."
"Why, how do you make out that?" replied Rolfe blankly.
"Hill says he's clearing out of the country because he's frightened.
What's he frightened of? His own guilty conscience and the long arm of
the law? Not a bit of it! Hill's an innocent man. If he had been guilty
he'd never have stood the ordeal of the witness-box and the
cross-examination. Hill's cleared out because he was frightened of
Birchill."
"Of Birchill?"
"Yes. Didn't Birchill tell Hill, just before he set out for Riversbrook
on the night of the murder, that if Hill played him false he'd murder
him? Hill _did_ play him false, not then, but afterwards, when he made
his confession and Birchill was arrested for the murder in consequence.
When Birchill was acquitted at the trial his first thought would be to
wreak vengeance on Hill. A man with one murder on his soul would not be
likely to hesitate about committing another. Hill knew this, and fled to
save his life when Birchill was acquitted. That's the explanation of his
letter, Rolfe."
"So that's the way you look at it?" said Rolfe.
"Of course I do! It's the only way Hill's flight can be looked at in the
light of all that's happened. The theory dovetails in every part. I'm
more used than you to putting these things together, Rolfe. Hill's as
innocent of the murder as you are."
"And where do you think Hill's gone to?"
Public-domain text, read in full here on John Shaqi.
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