The great Q.C. put his case in a nutshell. "Our client," he
contended, "was NOT the man against whom the warrant in this case
had been duly issued; he was NOT the man named Guy Waring; he was
NOT the man whom the witnesses deposed to having seen at Mambury; he
was NOT the man who had loitered with evil intent around the skirts
of Dartmoor; in short," the great Q.C. observed, with demonstrative
eye-glass, "it was a very clear case of mistaken identity. It would
take them time, no doubt, to prove the conclusive alibi they intended
to establish; for the gentleman now charged before them, he would
hope to show hereafter, was Mr. Cyril Waring, the distinguished
painter, twin brother to Mr. Guy Waring, the journalist, against
whom warrant was issued; and he was away in Belgium during the whole
precise time when Mr. Guy Waring--as to whose guilt or innocence
he would make no definite assertion--was prowling round Dartmoor
on the trail of McGregor, alias Montague Nevitt. Therefore, they
would consent to an indefinite remand till evidence to that effect
was duly forthcoming. Meanwhile--" and here Gilbert Gildersleeve's
eyes fell upon Elma once more with a quiet forensic smile--he
would call one witness, on the spur of the moment, whom he hadn't
thought till that very morning of calling, but whom the magistrates
would allow to be a very important one--a lady from Chetwood--Miss
Elma Clifford.
Elma, taken aback, stood up in the box and gave her evidence timidly.
It amounted to no more than the simple fact that the person before
the magistrates was Cyril, not Guy; that the two brothers were
extremely like; but that she had reason to know them easily apart,
having been associated in a most painful accident in a tunnel with
the brother, the present Mr. Cyril Waring. What she said gave only
a presumption of mistaken identity, but didn't at all invalidate
the positive identification of all the people who had seen the
supposed murderer. However, from Gilbert Gildersleeve's point of
view, this delay was doubly valuable. In the first place, it gave
him time to prove his alibi for Cyril and bring witnesses from
Belgium; and, in the second place, it succeeded in still further
fastening public suspicion on Guy, and narrowing the question for
the police to the simple issue whether or not they had really caught
the brother who was seen at Mambury on the day of the murder.
Public-domain text, read in full here on John Shaqi.
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