Immediately on the conclusion of this address, the witnesses were called, and the evidence given was identical with that at the inquest. The only new witness for the prosecution was Draper’s housekeeper, and her evidence fully bore out Mr. Bashfield’s statement. The sergeant’s account of the footprints was listened to with breathless interest, and at its conclusion the presiding magistrate—a retired solicitor, once well known in criminal practice—put a question which interested me as showing how clearly Thorndyke had foreseen the course of events, recalling, as it did, his remark on the night when we were caught in the rain.
“Did you,” the magistrate asked, “take these shoes down to the beach and compare them with the actual footprints?”
“I obtained the shoes at night,” replied the sergeant, “and I took them down to the shore at daybreak the next morning. But, unfortunately, there had been a storm in the night, and the footprints were almost obliterated by the wind and rain.”
When the sergeant had stepped down, Mr. Bashfield announced that that was the case for the prosecution. He then resumed his seat, turning an inquisitive eye on Anstey and Thorndyke.
The former immediately rose and opened the case for the defence with a brief statement.
“The learned counsel for the prosecution,” said he, “has told us that the facts now in the possession of the Court admit of but one explanation—that of the guilt of the accused. That may or may not be; but I shall now proceed to lay before the Court certain fresh facts—facts, I may say, of the most singular and startling character, which will, I think, lead to a very different conclusion. I shall say no more, but call the witnesses forthwith, and let the evidence speak for itself.”
The first witness for the defence was Thorndyke; and as he entered the box I observed Polton take up a position close behind him with a large wicker trunk. Having been sworn, and requested by Anstey to tell the Court what he knew about the case, he commenced without preamble:
“About half-past four in the afternoon of the 28th of September I walked down Sundersley Gap with Dr. Jervis. Our attention was attracted by certain footprints in the sand, particularly those of a man who had landed from a boat, had walked up the Gap, and presently returned, apparently to the boat.
“As we were standing there Sergeant Payne and Dr. Burrows passed down the Gap with two constables carrying a stretcher. We followed at a distance, and as we walked along the shore we encountered another set of footprints—those which the sergeant has described as the footprints of the deceased. We examined these carefully, and endeavoured to frame a description of the person by whom they had been made.”
“And did your description agree with the characters of the deceased?” the magistrate asked.
“Not in the least,” replied Thorndyke, whereupon the magistrate, the inspector, and Mr. Bashfield laughed long and heartily.
“When we turned into St. Bridget’s Bay, I saw the body of deceased lying on the sand close to the cliff. The sand all round was covered with footprints, as if a prolonged, fierce struggle had taken place. There were two sets of footprints, one set being apparently those of the deceased and the other those of a man with nailed shoes of a very peculiar and conspicuous pattern. The incredible folly that the wearing of such shoes indicated caused me to look more closely at the footprints, and then I made the surprising discovery that there had in reality been no struggle; that, in fact, the two sets of footprints had been made at different times.”
“At different times!” the magistrate exclaimed in astonishment.
“Yes. The interval between them may have been one of hours or one only of seconds, but the undoubted fact is that the two sets of footprints were made, not simultaneously, but in succession.”
“But how did you arrive at that fact?” the magistrate asked.
“It was very obvious when one looked,” said Thorndyke. “The marks of the deceased man’s shoes showed that he repeatedly trod in his own footprints; but never in a single instance did he tread in the footprints of the other man, although they covered the same area. The man with the nailed shoes, on the contrary, not only trod in his own footprints, but with equal frequency in those of the deceased. Moreover, when the body was removed, I observed that the footprints in the sand on which it was lying were exclusively those of the deceased. There was not a sign of any nail-marked footprint under the corpse, although there were many close around it. It was evident, therefore, that the footprints of the deceased were made first and those of the nailed shoes afterwards.”
As Thorndyke paused the magistrate rubbed his nose thoughtfully, and the inspector gazed at the witness with a puzzled frown.
“The singularity of this fact,” my colleague resumed, “made me look at the footprints yet more critically, and then I made another discovery. There was a double track of the nailed shoes, leading apparently from and back to the Shepherd’s Path. But on examining these tracks more closely, I was astonished to find that the man who had made them had been walking backwards; that, in fact, he had walked backwards from the body to the Shepherd’s Path, had ascended it for a short distance, had turned round, and returned, still walking backwards, to the face of the cliff near the corpse, and there the tracks vanished altogether. On the sand at this spot were some small, inconspicuous marks which might have been made by the end of a rope, and there were also a few small fragments which had fallen from the cliff above. Observing these, I examined the surface of the cliff, and at one spot, about six feet above the beach, I found a freshly rubbed spot on which were parallel scratches such as might have been made by the nailed sole of a boot. I then ascended the Shepherd’s Path, and examined the cliff from above, and here I found on the extreme edge a rather deep indentation, such as would be made by a taut rope, and, on lying down and looking over, I could see, some five feet from the top, another rubbed spot with very distinct parallel scratches.”
“You appear to infer,” said the chairman, “that this man performed these astonishing evolutions and was then hauled up the cliff?”
“That is what the appearances suggested,” replied Thorndyke.
The chairman pursed up his lips, raised his eyebrows, and glanced doubtfully at his brother magistrates. Then, with a resigned air, he bowed to the witness to indicate that he was listening.
“That same night,” Thorndyke resumed, “I cycled down to the shore, through the Gap, with a supply of plaster of Paris, and proceeded to take plaster moulds of the more important of the footprints.” (Here the magistrates, the inspector, and Mr. Bashfield with one accord sat up at attention; Sergeant Payne swore quite audibly; and I experienced a sudden illumination respecting a certain basin and kitchen spoon which had so puzzled me on the night of Thorndyke’s arrival.) “As I thought that liquid plaster might confuse or even obliterate the prints in sand, I filled up the respective footprints with dry plaster, pressed it down lightly, and then cautiously poured water on to it. The moulds, which are excellent impressions, of course show the appearance of the boots which made the footprints, and from these moulds I have prepared casts which reproduce the footprints themselves.
“The first mould that I made was that of one of the tracks from the boat up to the Gap, and of this I shall speak presently. I next made a mould of one of the footprints which have been described as those of the deceased.”
“Have been described!” exclaimed the chairman. “The deceased was certainly there, and there were no other footprints, so, if they were not his, he must have flown to where he was found.”
“I will call them the footprints of the deceased,” replied Thorndyke imperturbably. “I took a mould of one of them, and with it, on the same mould, one of my own footprints. Here is the mould, and here is a cast from it.” (He turned and took them from the triumphant Polton, who had tenderly lifted them out of the trunk in readiness.) “On looking at the cast, it will be seen that the appearances are not such as would be expected. The deceased was five feet nine inches high, but was very thin and light, weighing only nine stone six pounds, as I ascertained by weighing the body, whereas I am five feet eleven and weigh nearly thirteen stone. But yet the footprint of the deceased