Lethbridge was one of those barristers who believe that a knowledge of
the guilt of a client handicapped Counsel in defending him. He had his
private opinion as to the result of the angry interview between Holymead
and Sir Horace Fewbanks, but he preferred that Holymead should protest
his innocence even to him. That made it easier for him to make a stirring
appeal to the jury than it would have been if his client had fully
confessed to him. His private opinion as to the author of the crime was
strengthened by Holymead's admission that Birchill had not confessed to
him or to his solicitor at the time of his trial that he had shot Sir
Horace Fewbanks. He was astonished that Holymead had taken up Birchill's
defence, but Holymead's explanation was the somewhat extraordinary one
that the man who had killed the seducer of his wife had done him a
service by solving a problem that had seemed insoluble without a public
scandal. There was no doubt that although Sir Horace Fewbanks was in his
grave, Holymead's hatred of him for his betrayal of his wife burned as
strongly as when he had made the discovery that wrecked his home life.
Neither death nor time could dim the impression, nor lessen his hatred
for the dead man who had once been his closest friend.
Lethbridge, feeling that it was his duty as Counsel for the prisoner to
try every avenue which might help to an acquittal, asked Mr. Tomlinson,
the solicitor who was instructing him in the case, to find Birchill and
bring him to his chambers. Birchill was found and kept an appointment.
Lethbridge explained to him that he had nothing further to fear from the
police with regard to the murder of Sir Horace Fewbanks. Having been
acquitted on this charge he could not be tried on it again, no matter
what discoveries were made. He could not even be tried for perjury, as he
had not gone into the witness-box. Having allowed these facts to sink
home, he delicately suggested to Birchill that he ought to come forward
as a witness for the defence of Holymead--he ought to do his best to try
and save the life of the man who had saved his life.
"What do you want me to swear?" asked Birchill, in a tone which indicated
that although he did not object to committing perjury, he wanted to know
how far he was to go.
"Well, that Sir Horace Fewbanks was alive when you went to Riversbrook,"
suggested Lethbridge.
"But I tell you he was dead," protested Birchill. He seemed to think that
reviving a dead man was beyond even the power of perjury.
"That was your original story, I know," agreed Lethbridge suavely. "But
as you were not put into the witness-box to swear it you can alter it
without fear of any consequences."
"You want me to swear that he was alive?" said Birchill, meditatively.
"If you can conscientiously do so," replied Lethbridge.
"That he was alive when I left Riversbrook?" asked Birchill.
"Well, not necessarily that," said Lethbridge.
Birchill sprang up in alarm.
Public-domain text, read in full here on John Shaqi.
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