“The deceased, Philip Boyes, was, as you have heard, a writer. He was thirty-six years old, and he had published five novels and a large number of essays and articles. All these literary works were of what is sometimes called an ‘advanced’ type. They preached doctrines which may seem to some of us immoral or seditious, such as atheism, and anarchy, and what is known as free love. His private life appears to have been conducted, for some time at least, in accordance with these doctrines.
“At any rate, at some time in the year 1927, he became acquainted with Harriet Vane. They met in some of those artistic and literary circles where ‘advanced’ topics are discussed, and after a time they became very friendly. The prisoner is also a novelist by profession, and it is very important to remember that she is a writer of so-called ‘mystery’ or ‘detective’ stories, such as deal with various ingenious methods of committing murder and other crimes.
“You have heard the prisoner in the witness box, and you have heard the various people who came forward to give evidence as to her character. You have been told that she is a young woman of great ability, brought up on strictly religious principles, who, through no fault of her own was left, at the age of twenty-three, to make her own way in the world. Since that time—and she is now twenty-nine years old—she has worked industriously to keep herself, and it is very much to her credit that she has, by her own exertions, made herself independent in a legitimate way, owing nothing to anybody and accepting help from no one.
“She has told us herself, with great candour, how she became deeply attached to Philip Boyes, and how, for a considerable time, she held out against his persuasions to live with him in an irregular manner. There was, in fact, no reason at all why he should not have married her honourably; but apparently he represented himself as being conscientiously opposed to any formal marriage. You have the evidence of Sylvia Marriott and Eiluned Price that the prisoner was made very unhappy by this attitude which he chose to take up, and you have heard also that he was a very handsome and attractive man, whom any woman might have found it difficult to resist.
“At any rate, in March of 1928, the prisoner, worn out, as she tells us, by his unceasing importunities, gave in, and consented to live on terms of intimacy with him, outside the bonds of marriage.
“Now you may feel, and quite properly, that this was a very wrong thing to do. You may, after making all allowances for this young woman’s unprotected position, still feel that she was a person of unstable moral character. You will not be led away by the false glamour which certain writers contrive to throw about ‘free love,’ into thinking that this was anything but an ordinary, vulgar act of misbehavior. Sir Impey Biggs, very rightly using all his great eloquence on behalf of his client, has painted this action of Harriet Vane’s in very rosy colours; he has spoken of unselfish sacrifice and self immolation, and has reminded you that, in such a situation, the woman always has to pay more heavily than the man. You will not, I am sure, pay too much attention to this. You know quite well the difference between right and wrong in such matters, and you may think that, if Harriet Vane had not become to a certain extent corrupted by the unwholesome influences among which she lived, she would have shown a truer heroism by dismissing Philip Boyes from her society.
“But, on the other hand, you must be careful not to attach the wrong kind of importance to this lapse. It is one thing for a man or woman to live an immoral life, and quite another thing to commit murder. You may perhaps think that one step into the path of wrongdoing makes the next one easier, but you must not give too much weight to that consideration. You are entitled to take it into account, but you must not be too much prejudiced.”
The judge paused for a moment, and Freddy Arbuthnot jerked an elbow into the ribs of Lord Peter Wimsey, who appeared to be a prey to gloom.
“I should jolly well hope not. Damn it, if every little game led to murder, they’d be hanging half of us for doin’ in the other half.”
“And which half would you be in?” enquired his lordship, fixing him for a moment with a cold eye and then returning his glance to the dock.
“Victim,” said the Hon. Freddy, “victim. Me for the corpse in the library.”
“Philip Boyes and the prisoner lived together in this fashion,” went on the judge, “for nearly a year. Various friends have testified that they appeared to live on terms of the greatest mutual affection. Miss Price said that, although Harriet Vane obviously felt her unfortunate position very acutely—cutting herself off from her family friends and refusing to thrust herself into company where her social outlawry might cause embarrassment and so on—yet she was extremely loyal to her lover and expressed herself proud and happy to be his companion.
“Nevertheless, in February 1929 there was a quarrel, and the couple separated. It is not denied that the quarrel took place. Mr. and Mrs. Dyer, who occupy the flat immediately above Philip Boyes’, say that they heard loud talking in angry voices, the man swearing and the woman crying, and that the next day,
