der a wrong name,
and had left without paying his bill. The first fact suggested that the
accused had something to hide, the second established a motive for the
subsequent murder.
Sir Herbert Templewood concluded his address in less than an hour, and
proceeded to call evidence for the prosecution. There were nine
witnesses: that strangely assorted pair, the innkeeper and Charles, the
deaf waiter, Ann, the servant, the two men who had recovered Mr.
Glenthorpe's body from the pit, the Heathfield doctor, who testified as
to the cause of death, Superintendent Galloway, who gave the court the
result of the joint investigations of the chief constable and himself at
the inn, Police-Constable Queensmead, who described the arrest and
Inspector Fredericks, of Norwich, who was in charge of the Norwich
station when the accused was taken there from Flegne. In order to save
another witness being called, Counsel for the defence admitted that
accused had registered at the Grand Hotel, Durrington, under a wrong
name, and left without paying his bill.
Mr. Middleheath cross-examined none of the witnesses for the prosecution
except the last one, and his forensic restraint was placed on record by
the depositions clerk in the exact words of the unvarying formula
between bench and bar. "Do you ask anything, Mr. Middleheath?" Mr.
Justice Redington would ask, with punctilious politeness, when the Crown
Prosecutor sat down after examining a witness. To which Mr. Middleheath
would reply, in tones of equal courtesy: "I ask nothing, my lord."
Counsel's cross-examination of Inspector Fredericks consisted of two
questions, intended to throw light on the accused's state of mind after
his arrest. Inspector Fredericks declared that he was, in his opinion,
quite calm and rational.
Mr. Middleheath's opening address to the jury for the defence was brief,
and, to sharp legal ears, vague and unconvincing. Although he pointed
out that the evidence was purely circumstantial, and that in the absence
of direct testimony the accused was entitled to the benefit of any
reasonable doubt, he did not attempt to controvert the statements of the
Crown witnesses, or suggest that the Crown had not established its case.
His address, combined with the fact that he had not cross-examined any
of the Crown witnesses, suggested to the listening lawyers that he had
either a very strong defence or none at all. The point was left in
suspense for the time being by Mr. Justice
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