The Shadow of Tyburn Tree

As Georgina sank back on to her chair and burst into a flood of tears, Roger stepped up into the witness-box and was duly sworn. Then counsel for the defence asked him to tell the court anything that he could relating to Sir Humphrey Etheredge's death.

It was now a quarter to eleven. Roger's hopes that Droopy would arrive with Vorontzoff were fast dinunishing. But as long as Droopy did not appear alone, to announce failure, there was still a chance that the two of them might make a belated appearance. So Roger meant to gain a little more time by giving irrelevant evidence to start with.

He thought that he might be able to keep it up for about a quarter of an hour, but by eleven o'clock Droopy would have had nearly an hour and a half in which to plead with and threaten the Russian, and if by eleven they were not in court, it could only be because Vorontzoff had proved adamant, and Droopy was too distressed at his failure to come and admit it.

In that case Roger had determined to make a clean breast of the whole affair, in the slender hope that the jury might disagree as to whether Georgina throwing the scent-bottle or his striking Sir Humphrey over the heart had been the real cause of death. Owing to the ensuing doubts as to which of them had inflicted the fatal injury they might get off with transportation for life, if not they would die as they had lived and go bravely side by side in the death-cart to Tyburn.

To begin with he spoke of his first meeting with Georgina. Of her lonely childhood and unhappy upbringing from the fact that all her neighbours in the county had ostracised her on account of her gipsy blood. The judge heard him patiently at first and then began to fiddle restlessly with his nosegay. Roger saw that he must soon come to more cogent matters, and was preparing to start on the story of the fatal week-end when there was a sudden stir in the doorway of the court.

With his heart in his mouth Roger stopped speaking and stared in that direction. To his bitter disappointment it was only a messenger, but the message was for him, and an usher brought it over to the witness-box.

Having asked the judge's permission he read it. The folded paper bore a scrawl by Droopy Ned which ran:

'When I reached the Russian Embassy I learned that Vorontzoff had already gone out, to spend the day at Richmond. I have gone after him.'

Roger drew his hand across his eyes. This was too terrible. Every­thing still hung in the balance. Droopy might yet succeed in bringing the Russian to the Old Bailey, but, perhaps not for another hour or so. On the other hand Vorontzoff might refuse to come, so it was impossible to tell the judge that another witness was still being sought for. There was only one thing to do. Somehow he must spin out his evidence without finally committing himself until the very last possible moment.

It was eleven o'clock as he resumed his tale. He spoke of Georgina's unfailing generosity and of her kindness to her servants; then when he saw that the judge was getting restless again he brought in her strange gift of second sight, and managed to intrigue the court for some minutes by giving examples of it.

Where the minutes had flown during the judge's summing up they now seemed to drag interminably, and Roger had never realised before how many words had to be spoken to fill sixty seconds.

For some twelve minutes the judge listened to him without comment, then he suddenly coughed, and said: 'None of this is relevant. The witness must confine himself to facts affecting the case.'

Roger murmured an apology and was forced to start on the house-party at Stillwaters. On coming into court that morning he had felt ghastly. The torn muscles of his shoulder throbbed and nagged, seeming to thrust their pain down into his backbone and chest. His swollen eye felt as big as a cricket ball, and his head ached intolerably. But now, in the intensity of his effort to hold the interest of the court he forgot all his pains and injuries. He was a natural orator and an excellent raconteur, and as he described the house and guests it was clear that everyone in court was following the picture that he drew with the closest attention.

But by half-past eleven there was no more that he could say without getting to the meat of the matter. For a few minutes he attempted to hold his audience with an account of witty remarks that Fox and Selwyn had made over dinner, but the judge rapped sharply on his desk and said sternly:

'This is not material evidence. The witness is wasting the time of the court. He must come to the point or stand down.'

Roger again apologised, then started to tell how they had played cards after dinner. But under the judge's disapproving stare began to falter, and it was still only twenty-five to twelve. He knew that he had reached the last extremity.

*****

But there was just one more thing that he could try. He broke off what he was saying and asked the judge's permission to send a written note up to him. Consent was given and paper brought to him. On it he wrote:

My Lord,

I tender my humblest apologies, but I have been talking of irrelevant matters with the object of gaining time. A friend of mine is urgently seeking another witness who, if he will, can I believe, give fresh evidence which would prove the prisoner's innocence. I can make no promise that this witness will ever come into Court; but I beg you most earnestly to allow me to continue to occupy the witness-stand without further admonition until the Court adjourns for dinner. Should the witness not appear I then solemnly undertake to disclose all I know regarding Sir Humphrey Etheredge's death.

The note was passed up to the judge. Having read it he looked first at Georgina, then at Roger, and said:

' 'Tis obvious to us all that the witness is suffering considerable pain from his injuries. The time being twenty minutes to twelve, in order to afford him a respite, the court will adjourn for dinner twenty minutes earlier than usual. But I warn the witness that when he returns to the stand on our reopening the proceedings at one o'clock I will listen to nothing further from him except relevant facts.'

As the judge rose Roger sighed his thanks and staggered half-fainting from the box.

A few minutes later he left a message with the porter on the door, to be given to Droopy in the event of his arrival, then he accompanied Colonel Thursby and his lawyers to a tavern across the street. After swallowing three gills of neat rum in quick succession he felt slightly better. He realised that he had performed a great feat in just talking out the time of the court and then securing an adjournment; but he also knew that his victory was only a temporary one. If Droopy and Vorontzoff did not appear by one o'clock the game was up.

But he was not doomed to be the victim of that consuming anxiety for much longer. Shortly after mid-day they did appear, and the Russian's demeanour was cold but courteous.

When the court reassembled, Georgina's counsel asked leave to place the Russian Ambassador in the box at once, as his evidence would render further testimony by Roger unnecessary.

Vorontzoff told the court through an interpreter that his second appearance there was occasioned by the fact that, as a foreigner, he had little knowledge of the workings of British justice. When he had given his evidence before he had been under the impression that al­though Lady Etheredge denied throwing the scent-bottle, if it was proved that she had, she would still be able to enter a plea of having done so in self-defence, and so secure her acquittal.

He went on smoothly to the effect that he had since been too occupied with his own affairs to follow the case, and it was only that morning, when Lord Edward Fitz-Deverel had come to him at Rich­mond, that he had realised that Lady Etheredge was in serious danger of being condemned to death for her act. This had caused him to take an entirely new view of his own responsibility in the matter.

He then confessed that previously he had omitted a part of the evidence he could have given, from a natural reluctance to disclose the fact that he had been spying on Lady Etheredge on the morning of her husband's death. Intrigued to learn the result of his own letter to Sir Humphrey he had risen early. He had heard the Baronet arrive and followed him to Lady Etheredge's room. The door having been left ajar he had peeped through the crack and actually witnessed the altercation. Sir Humphrey had raised his whip to strike his wife and, as he struck, she had thrown the scent-bottle at him. She had fainted as a result of the blow, but, although the bottle had caught him on the head, it had not even knocked him down. He had appeared a little stunned for a moment, then walked over to her washstand and bathed the cut on his temple. Therefore he obviously could not have died from the crack on the head, but must have been seized by an apoplexy a few moments later. Not wishing to be seen, Vorontzoff had then stolen away. He concluded his evidence by saying that had Lady Etheredge seen what he had, she would no doubt have told the truth about throw­ing the bottle, but her swoon had prevented her from knowing the comparatively