om was opened, and Sir Horace Fewbanks leaned out and
looked at the sky as if to ascertain what sort of a night it was. He was
quite certain that it was Sir Horace Fewbanks. He was well acquainted
with that gentleman's features, having been sentenced by him three years
ago. Sir Horace seemed quite calm and collected. Witness was so surprised
to see him, after having been told by Birchill that he was in Scotland,
that he did not take his eyes off him during the two or three minutes
that he remained at the window, breathing the night air. Sir Horace was
fully dressed. He had on a light tweed suit, and he was wearing a soft
shirt of a light colour, with a stiff collar, and a small black bow tie.
When Sir Horace closed the window witness jumped over the fence back into
the wood and made his way to the Hampstead Tube station with the
intention of warning Birchill that Sir Horace Fewbanks was at home. He
waited at the station over an hour, and as he did not see Birchill he
then made his way home. During the time he was in the garden at
Riversbrook listening to the voices, he heard no sound of a shot. He was
certain that no shot had been fired inside the house from the time the
prisoner entered the house until he left. Had a shot been fired witness
could not have failed to hear it.
There could be no doubt that the effect produced in court by the evidence
of the witness was extremely favourable to the prisoner. Kemp had told a
plain, straightforward story. The fact that he had shown no reluctance in
disclosing in his evidence that he was a criminal and the associate of
criminals seemed to add to the credibility of his evidence. It was felt
that he would not have come to court to swear falsely on behalf of a man
who was so far removed from the class to which he belonged.
While Kemp was giving his evidence, Crewe had despatched a messenger to
his chambers in Holborn for Joe. When the boy returned with the messenger
Kemp was still in the witness-box, undergoing an examination at the hands
of the judge. Sir Henry Hodson seemed to have been impressed by the
witness's story, for he asked Kemp a number of questions, and entered his
answers in his notebook.
"Joe," whispered Crewe, as the boy stole noiselessly behind him, "look at
that man in the witness-box. Have you ever seen him before?"
"Rayther, guv'nor!" whispered the boy in reply. "Why, it's 'im who tried
to frighten me in the loft if I didn't promise to give up watching Mr
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