"On the other hand, Mr. Henry Oranmore, K.C., very ably and courteously replied that he too had several witnesses to prove that Mr. Brooks certainly did make a will on the day in question, and that, whatever his intentions may have been in the past, he must have modified them on the day of his death, for the will proved by Mr. Percival Brooks was found after his death under his pillow, duly signed and witnessed and in every way legal.
"Then the battle began in sober earnest. There were a great many witnesses to be called on both sides, their evidence being of more or less importance-chiefly less. But the interest centred round the prosaic figure of John O"Neill, the butler at Fitzwilliam Place, who had been in Mr. Brooks" family for thirty years.
""I was clearing away my breakfast things," said John, "when I heard the master"s voice in the study close by. Oh my, he was that angry! I could hear the words "disgrace," and "villain," and "liar," and "ballet-dancer," and one or two other ugly words as applied to some female lady, which I would not like to repeat. At first I did not take much notice, as I was quite used to hearing my poor dear master having words with Mr. Percival. So I went downstairs carrying my breakfast things; but I had just started cleaning my silver when the study bell goes ringing violently, and I hear Mr. Percival"s voice shouting in the hall: "John! quick! Send for Dr. Mulligan at once. Your master is not well! Send one of the men, and you come up and help me to get Mr. Brooks to bed."
""I sent one of the grooms for the doctor," continued John, who seemed still affected at the recollection of his poor master, to whom he had evidently been very much attached, "and I went up to see Mr. Brooks. I found him lying on the study floor, his head supported in Mr. Percival"s arms. "My father has fallen in a faint," said the young master; "help me to get him up to his room before Dr. Mulligan comes."
""Mr. Percival looked very white and upset, which was only natural; and when we had got my poor master to bed, I asked if I should not go and break the news to Mr. Murray, who had gone to business an hour ago. However, before Mr. Percival had time to give me an order the doctor came. I thought I had seen death plainly writ in my master"s face, and when I showed the doctor out an hour later, and he told me that he would be back directly, I knew that the end was near.
""Mr. Brooks rang for me a minute or two later. He told me to send at once for Mr. Wethered, or else for Mr. Hibbert, if Mr. Wethered could not come. "I haven"t many hours to live, John," he says to me-"my heart is broke, the doctor says my heart is broke. A man shouldn"t marry and have children, John, for they will sooner or later break his heart." I was so upset I couldn"t speak; but I sent round at once for Mr. Wethered, who came himself just about three o"clock that afternoon.
""After he had been with my master about an hour I was called in, and Mr. Wethered said to me that Mr. Brooks wished me and one other of us servants to witness that he had signed a paper which was on a table by his bedside. I called Pat Mooney, the head footman, and before us both Mr. Brooks put his name at the bottom of that paper. Then Mr. Wethered give me the pen and told me to write my name as a witness, and that Pat Mooney was to do the same. After that we were both told that we could go."
"The old butler went on to explain that he was present in his late master"s room on the following day when the undertakers, who had come to lay the dead man out, found a paper underneath his pillow. John O"Neill, who recognized the paper as the one to which he had appended his signature the day before, took it to Mr. Percival, and gave it into his hands.
"In answer to Mr. Walter Hibbert, John a.s.serted positively that he took the paper from the undertaker"s hand and went straight with it to Mr. Percival"s room.
""He was alone," said John; "I gave him the paper. He just glanced at it, and I thought he looked rather astonished, but he said nothing, and I at once left the room."
""When you say that you recognized the paper as the one which you had seen your master sign the day before, how did you actually recognize that it was the same paper?" asked Mr. Hibbert amidst breathless interest on the part of the spectators. I narrowly observed the witness"s face.
""It looked exactly the same paper to me, sir," replied John, somewhat vaguely.
""Did you look at the contents, then?"
""No, sir; certainly not."
""Had you done so the day before?"
""No, sir, only at my master"s signature."
""Then you only thought by the outside look of the paper that it was the same?"
""It looked the same thing, sir," persisted John obstinately.
"You see," continued the man in the corner, leaning eagerly forward across the narrow marble table, "the contention of Murray Brooks" adviser was that Mr. Brooks, having made a will and hidden it-for some reason or other under his pillow-that will had fallen, through the means related by John O"Neill, into the hands of Mr. Percival Brooks, who had destroyed it and subst.i.tuted a forged one in its place, which adjudged the whole of Mr. Brooks" millions to himself. It was a terrible and very daring accusation directed against a gentleman who, in spite of his many wild oats sowed in early youth, was a prominent and important figure in Irish high life.
"All those present were aghast at what they heard, and the whispered comments I could hear around me showed me that public opinion, at least, did not uphold Mr. Murray Brooks" daring accusation against his brother.
"But John O"Neill had not finished his evidence, and Mr. Walter Hibbert had a bit of sensation still up his sleeve. He had, namely, produced a paper, the will proved by Mr. Percival Brooks, and had asked John O"Neill if once again he recognized the paper.
""Certainly, sir," said John unhesitatingly, "that is the one the undertaker found under my poor dead master"s pillow, and which I took to Mr. Percival"s room immediately."
"Then the paper was unfolded and placed before the witness.
""Now, Mr. O"Neill, will you tell me if that is your signature?"
"John looked at it for a moment; then he said: "Excuse me, sir," and produced a pair of spectacles which he carefully adjusted before he again examined the paper. Then he thoughtfully shook his head.
""It don"t look much like my writing, sir," he said at last. "That is to say," he added, by way of elucidating the matter, "it does look like my writing, but then I don"t think it is."
"There was at that moment a look in Mr. Percival Brooks" face," continued the man in the corner quietly, "which then and there gave me the whole history of that quarrel, that illness of Mr. Brooks, of the will, aye! and of the murder of Patrick Wethered too.
"All I wondered at was how every one of those learned counsel on both sides did not get the clue just the same as I did, but went on arguing, speechifying, cross-examining for nearly a week, until they arrived at the one conclusion which was inevitable from the very first, namely, that the will was a forgery-a gross, clumsy, idiotic forgery, since both John O"Neill and Pat Mooney, the two witnesses, absolutely repudiated the signatures as their own. The only successful bit of caligraphy the forger had done was the signature of old Mr. Brooks.
"It was a very curious fact, and one which had undoubtedly aided the forger in accomplishing his work quickly, that Mr. Wethered the lawyer having, no doubt, realized that Mr. Brooks had not many moments in life to spare, had not drawn up the usual engrossed, magnificent doc.u.ment dear to the lawyer heart, but had used for his client"s will one of those regular printed forms which can be purchased at any stationer"s.
"Mr. Percival Brooks, of course, flatly denied the serious allegation brought against him. He admitted that the butler had brought him the doc.u.ment the morning after his father"s death, and that he certainly, on glancing at it, had been very much astonished to see that that doc.u.ment was his father"s will. Against that he declared that its contents did not astonish him in the slightest degree, that he himself knew of the testator"s intentions, but that he certainly thought his father had entrusted the will to the care of Mr. Wethered, who did all his business for him.
""I only very cursorily glanced at the signature," he concluded, speaking in a perfectly calm, clear voice; "you must understand that the thought of forgery was very far from my mind, and that my father"s signature is exceedingly well imitated, if, indeed, it is not his own, which I am not at all prepared to believe. As for the two witnesses" signatures, I don"t think I had ever seen them before. I took the doc.u.ment to Messrs. Barkston and Maud, who had often done business for me before, and they a.s.sured me that the will was in perfect form and order."
"Asked why he had not entrusted the will to his father"s solicitors, he replied:
""For the very simple reason that exactly half an hour before the will was placed in my hands, I had read that Mr. Patrick Wethered had been murdered the night before. Mr. Hibbert, the junior partner, was not personally known to me."
"After that, for form"s sake, a good deal of expert evidence was heard on the subject of the dead man"s signature. But that was quite unanimous, and merely went to corroborate what had already been established beyond a doubt, namely, that the will dated February 1st, 1908, was a forgery, and probate of the will dated 1891 was therefore granted to Mr. Murray Brooks, the sole executor mentioned therein."
CHAPTER XXIII
A MEMORABLE DAY
"Two days later the police applied for a warrant for the arrest of Mr. Percival Brooks on a charge of forgery.
"The Crown prosecuted, and Mr. Brooks had again the support of Mr. Oranmore, the eminent K.C. Perfectly calm, like a man conscious of his own innocence and unable to grasp the idea that justice does sometimes miscarry, Mr. Brooks, the son of the millionaire, himself still the possessor of a very large fortune under the former will, stood up in the dock on that memorable day in October, 1908, which still no doubt lives in the memory of his many friends.
"All the evidence with regard to Mr. Brooks" last moments and the forged will was gone through over again. That will, it was the contention of the Crown, had been forged so entirely in favour of the accused, cutting out every one else, that obviously no one but the beneficiary under that false will would have had any motive in forging it.
"Very pale, and with a frown between his deep-set, handsome Irish eyes, Percival Brooks listened to this large volume of evidence piled up against him by the Crown.
"At times he held brief consultations with Mr. Oranmore, who seemed as cool as a cuc.u.mber. Have you ever seen Oranmore in court? He is a character worthy of d.i.c.kens. His p.r.o.nounced brogue, his fat, podgy, clean-shaven face, his not always immaculately clean large hands, have often delighted the caricaturist. As it very soon transpired during that memorable magisterial inquiry, he relied for a verdict in favour of his client upon two main points, and he had concentrated all his skill upon making these two points as telling as he possibly could.
"The first point was the question of time, John O"Neill, cross-examined by Oranmore, stated without hesitation that he had given the will to Mr. Percival at eleven o"clock in the morning. And now the eminent K.C. brought forward and placed in the witness-box the very lawyers into whose hands the accused had then immediately placed the will. Now, Mr. Barkston, a very well-known solicitor of King Street, declared positively that Mr. Percival Brooks was in his office at a quarter before twelve; two of his clerks testified to the same time exactly, and it was impossible, contended Mr. Oranmore, that within three-quarters of an hour Mr. Brooks could have gone to a stationer"s, bought a will form, copied Mr. Wethered"s writing, his father"s signature, and that of John O"Neill and Pat Mooney.
"Such a thing might have been planned, arranged, practised, and ultimately, after a great deal of trouble, successfully carried out, but human intelligence could not grasp the other as a possibility.
"Still the judge wavered. The eminent K.C. had shaken but not shattered his belief in the prisoner"s guilt. But there was one point more, and this Oranmore, with the skill of a dramatist, had reserved for the fall of the curtain.
"He noted every sign in the judge"s face, he guessed that his client was not yet absolutely safe, then only did he produce his last two witnesses.
"One of them was Mary Sullivan, one of the housemaids in the Fitzwilliam mansion. She had been sent up by the cook at a quarter past four o"clock on the afternoon of February 1st with some hot water, which the nurse had ordered, for the master"s room. Just as she was about to knock at the door Mr. Wethered was coming out of the room. Mary stopped with the tray in her hand, and at the door Mr. Wethered turned and said quite loudly: "Now, don"t fret, don"t be anxious; do try and be calm. Your will is safe in my pocket, nothing can change it or alter one word of it but yourself."
"It was, of course, a very ticklish point in law whether the housemaid"s evidence could be accepted. You see, she was quoting the words of a man since dead, spoken to another man also dead. There is no doubt that had there been very strong evidence on the other side against Percival Brooks, Mary Sullivan"s would have counted for nothing; but, as I told you before, the judge"s belief in the prisoner"s guilt was already very seriously shaken, and now the final blow aimed at it by Mr. Oranmore shattered his last lingering doubts.