“Constable James Funnell, on his beat, turned from Portland Place into Park Crescent a few minutes after he had heard the clock at Holy Trinity Church, Marylebone, strike half-past two. The fog at that moment was perhaps not quite so dense as it was later on in the morning, and the policeman saw two gentlemen in overcoats and top-hats leaning arm in arm against the railings of the Square, close to the gate. He could not, of course, distinguish their faces because of the fog, but he heard one of them saying to the other:
“ ‘It is but a question of time, Mr. Cohen. I know my father will pay the money for me, and you will lose nothing by waiting.’
“To this the other apparently made no reply, and the constable passed on; when he returned to the same spot, after having walked over his beat, the two gentlemen had gone, but later on it was near this very gate that the two keys referred to at the inquest had been found.
“Another interesting fact,” added the man in the corner, with one of those sarcastic smiles of his which Polly could not quite explain, “was the finding of the revolver upon the scene of the crime. That revolver, shown to Mr. Ashley’s valet, was sworn to by him as being the property of his master.
“All these facts made, of course, a very remarkable, so far quite unbroken, chain of circumstantial evidence against Mr. John Ashley. No wonder, therefore, that the police, thoroughly satisfied with Mr. Fisher’s work and their own, applied for a warrant against the young man, and arrested him in his rooms in Clarges Street exactly a week after the committal of the crime.
“As a matter of fact, you know, experience has invariably taught me that when a murderer seems particularly foolish and clumsy, and proofs against him seem particularly damning, that is the time when the police should be most guarded against pitfalls.
“Now in this case, if John Ashley had indeed committed the murder in Regent’s Park in the manner suggested by the police, he would have been a criminal in more senses than one, for idiocy of that kind is to my mind worse than many crimes.
“The prosecution brought its witnesses up in triumphal array one after another. There were the members of the Harewood Club—who had seen the prisoner’s excited condition after his heavy gambling losses to Mr. Aaron Cohen; there was Mr. Hatherell, who, in spite of his friendship for Ashley, was bound to admit that he had parted from him at the corner of Bond Street at twenty minutes to two, and had not seen him again till his return home at five a.m.
“Then came the evidence of Arthur Chipps, John Ashley’s valet. It proved of a very sensational character.
“He deposed that on the night in question his master came home at about ten minutes to two. Chipps had then not yet gone to bed. Five minutes later Mr. Ashley went out again, telling the valet not to sit up for him. Chipps could not say at what time either of the young gentlemen had come home.
“That short visit home—presumably to fetch the revolver—was thought to be very important, and Mr. John Ashley’s friends felt that his case was practically hopeless.
“The valet’s evidence and that of James Funnell, the constable, who had overheard the conversation near the park railings, were certainly the two most damning proofs against the accused. I assure you I was having a rare old time that day. There were two faces in court to watch which was the greatest treat I had had for many a day. One of these was Mr. John Ashley’s.
“Here’s his photo—short, dark, dapper, a little ‘racy’ in style, but otherwise he looks a son of a well-to-do farmer. He was very quiet and placid in court, and addressed a few words now and again to his solicitor. He listened gravely, and with an occasional shrug of the shoulders, to the recital of the crime, such as the police had reconstructed it, before an excited and horrified audience.
“Mr. John Ashley, driven to madness and frenzy by terrible financial difficulties, had first of all gone home in search of a weapon, then waylaid Mr. Aaron Cohen somewhere on that gentleman’s way home. The young man had begged for delay. Mr. Cohen perhaps was obdurate; but Ashley followed him with his importunities almost to his door.
“There, seeing his creditor determined at last to cut short the painful interview, he had seized the unfortunate man at an unguarded moment from behind, and strangled him; then, fearing that his dastardly work was not fully accomplished, he had shot twice at the already dead body, missing it both times from sheer nervous excitement. The murderer then must have emptied his victim’s pockets, and, finding the key of the garden, thought that it would be a safe way of evading capture by cutting across the squares, under the tunnel, and so through the more distant gate which faced Portland Place.
“The loss of the revolver was one of those unforeseen accidents which a retributive Providence places in the path of the miscreant, delivering him by his own act of folly into the hands of human justice.
“Mr. John Ashley, however, did not appear the least bit impressed by the recital of his crime. He had not engaged the services of one of the most eminent lawyers, expert at extracting contradictions from witnesses by skilful cross-examinations—oh, dear me, no! he had been contented with those of a dull, prosy, very second-rate limb of the law, who, as he called his witnesses, was completely innocent of any desire to create a sensation.
“He rose quietly from his seat, and, amidst breathless silence, called the first of three witnesses on behalf of his client. He called three—but he could have produced twelve—gentlemen, members of the Ashton Club in Great Portland Street, all of whom
