The Jury (20 page)

MR HARCOMBE: As your lordship pleases.

[Continuing the examination, MR TUFNELL elicited from witness the following statements: that the prisoner had been in the habit, over a period of months, of visiting a flat occupied by an Austrian woman, a pianist, by name Elisabeth Andersch; that the lady lived quite alone, having no resident maid; that on at least two occasions the prisoner was seen to emerge from the flat in the morning, in a furtive manner, having apparently stayed with her all night; that he was with her on the night of October the 30th; that early on the following day he travelled with the woman Andersch by train to Southampton; that the witness, following him there, reported his movements to his (the witness's) employers by telephone; that he (the witness) was subsequently put into touch with Detective-Sergeant Bolton, whom he met by arrangement in Southampton, near the Zenith Hotel, as stated in evidence by Bolton himself; that the woman who was with Strood when he came out of the hotel was this same Elisabeth Andersch. There was no cross-examination of this witness.]

ALFRED OSCAR HOUSE, examined for the Crown by MR TUFNELL.— I am a barman employed at the Zenith Hotel, Southampton. I was on duty on the evening of October the 31st, in what is called the lounge-bar. At about a quarter to nine the prisoner, Roderick Strood, came to my counter and ordered a double brandy. I did not then know his name, but I now recognize him as the prisoner. He had had a meal in the dining-room of the hotel, and I had sent drinks to him by the
waiter. Also, I had occasion to enter the dining-room myself and saw that he had a lady with him at dinner. The lady was not with him when he was in the lounge.

You say that the prisoner came to the lounge-bar at about a quarter to nine. How are you able to fix the time?—It might have been a little later or a little earlier. Later if anything, because soon afterwards they started reading the news-bulletin. I mean it started coming over the wireless. That was at nine o'clock.

You have a loud-speaker in the bar?—Yes.

Before the news was read, was there a message broadcast?—Yes.

Will you tell us what that message was, as near as you can remember?—It said for Mr Roderick Strood to go back home because his wife was dangerously ill.

Had you a good view of the prisoner when these words were being broadcast?—Yes. As near as me to you.

Did you notice anything about his demeanour?—Yes. He changed countenance, as you might say.

Do you mean he appeared startled?

MR JUSTICE SARUM: You must not lead the witness. Let him give his evidence in his own words.
[To witness]
What did you mean when you said that the prisoner changed countenance?—He looked done-up, my lord, like as if he'd had a shock.

MR TUFNELL
[continuing examination]:
Did he make any remark?—No.

Did he appear to listen attentively to the news?—No. He drank off his brandy and went out very quickly.

When he had finished drinking, what did he do with his glass?—He put it down on my counter.

Did you notice any further sign of agitation?—I noticed that his hand was shaking.

The wireless set, I take it, was in good order? I mean, the message was clear and audible?—Quite clear.

And audible? It could be heard by everyone?—All over the room.

You don't think it possible that the prisoner failed to hear it?—Not unless he was deaf.

Cross-examined for the Defence by MR HARCOMBE: When
you heard that message coming over the wireless for Roderick Strood, you had no idea who Roderick Strood was, had you?—No.

You did not recognize the name?—No.

To the best of your knowledge and belief you had never heard it before?—No.

Were you on duty in the lounge-bar on the evening of the 30th of October, that is the evening before the evening in question?—Yes.

Were you on duty at nine o'clock that evening?—Yes.

Was the wireless turned on?—Well, we always have it on.

Because, I suppose, the customers like to hear the news?—Yes.

Do you remember that an SOS message was broadcast that evening? I am speaking of the evening before Mr Strood came to the hotel?—No, I don't remember.

Well, will you take it from me that there was?—There may have been.

And if there was a message (on October the 30th, that is the date I am speaking of), you, being on duty in the lounge-bar, would have heard it, would you not?—Yes.

But you remember nothing about it?—No. Perhaps I didn't hear it.

But if you had heard it you would be able to give me some particulars of it, wouldn't you?—I might or I might not.

You might not?—I might not remember.

Because you hear so many messages coming over the wireless?—Yes.

And I suppose you pay no particular attention to them as a rule?—Not as a rule.

I wonder what made you pay particular attention to the message for Mr Roderick Strood which you have told us about?—I didn't. Not what I'd call particular attention.

And yet after an interval of several weeks you are able to give us the exact name. How is that? Can you account for that extraordinary feat of memory?—I don't know.

Let me see if I can help you. Did you read in the newspaper any account of the inquest on the late Mrs Strood?—I may have done.

Did you, or did you not?—Yes.

And something was said during that inquest I believe, about this SOS message, and how at the time Mr Strood was in the Zenith Hotel?—Yes.

And then you cast your mind back, did you not, and thought to yourself: ‘Why, I was on duty that evening, he may have been in the bar, I may have seen him!'?—Something like that.

And, thinking things over, in the light of what you had read in the newspapers, you thought you recognized the photograph of the prisoner that was printed in the newspapers?—I did recognize it.

And you thought you remembered that he had behaved in a suspicious manner?—Yes.

Now when Mr Strood ordered that double brandy, you did not know who he was, did you?—No.

And when the message came over the wireless for him, you still did not know who he was?—No.

At the time, you noticed nothing odd in his behaviour, did you?—Not at the time. Not exactly.

But thinking it over afterwards, when you had read about the case in the newspapers, and knew how important it was, you remembered that he had seemed agitated. Is that so?—Yes.

One more question. You told my learned friend that Mr Strood ‘changed countenance'. Is that an expression you are in the habit of using?—How d'you mean, sir?

Let me put it another way. Do you think it is a proper way to speak?—Well, the gentleman said——

MR JUSTICE SARUM: That is not the question.

MR HARCOMBE: Let me put it another way. Did you hear that expression, 'changed countenance', from someone you felt sure would be careful to speak properly?—Yes.

From whom?—The gentleman who came to see me about this business.

Did he suggest to you that the prisoner 'changed countenance'?—Yes.

And after thinking it over you decided that he had?—Yes.

If I were to tell you that Mr Strood had left the bar before that message came over, would you be surprised?—Yes.

[From other witnesses it was elicited by the Prosecution,
and not contested by the Defence, that the names of Elisabeth Andersch and Roderick Williams figured in the passenger-list of the liner due to sail for America at 11.55 pm on October the 31st; that Strood was not seen at his office at any time on October the 31st; that Strood booked his passage on October the 31st; and that a passport in the name of Roderick Williams was found in a collar-box in Strood's bedroom, after his arrest. Mrs Tucker was then called.]

MILDRED ALEXANDRA TUCKER, examined by the ATTORNEY-GENERAL.—I was employed as housekeeper and cook-general by the late Mrs Strood, my husband being butler. No other servants were kept. I have been in this situation for three and a half years, and have always given satisfaction. I was comfortable and happy in this situation until the trouble began.

To what trouble are you referring?—The trouble between Mr Strood and my mistress.

You are telling us that there was trouble between them? What kind of trouble?—The usual kind.

I must ask you to be very careful, Mrs Tucker, and to speak only of what you know at first hand. What you have seen and heard at first hand is evidence, but what you have imagined or guessed, or what has been told to you by others, that is another thing altogether. You will bear that in mind?—Yes.

Now when you say that there was trouble between your master and mistress, what do you mean?—I mean they quarrelled.

How do you know that?—I heard them with my own ears.

You heard them talking with raised voices and in an angry manner, and you concluded that they were quarrelling. Is that it?—Yes.

Did this happen often?—Several times, once the trouble had begun.

Before then it was a happy household, so far as you could see?—Yes.

When did the change occur?—About May.

How do you fix the date?—It started the night Mr Strood came back from Germany. And that was in May.

It was on the night of his return from Germany that you overheard the first of these angry conversations?—Yes.

Did Mr and Mrs Strood know they were being overheard?—No.

How did it happen that you were within earshot?—I was passing down the passage when I heard Mrs Strood scream out something. I ran to the door of the drawing-room, wondering what was to do. I then heard the two of them having words.

The scream was not repeated?—No.

Did you hear what was said?—It was about the other woman.'

MR JUSTICE SARUM: You must not say things like that. You are to answer the questions. Learned counsel has asked you if you heard what was said. The proper answer is Yes or No.

MR HARCOMBE: With great respect, my lord, this tittle-tattle from the servants' hall is waste of the court's time.

MR JUSTICE SARUM: That remains to be seen, Mr Harcombe. We must curb our impatience.

MR HARCOMBE: The late Mrs Strood died on October the 30th. Is it necessary to rehearse matrimonial disputes alleged to have taken place five months earlier?

ATTORNEY-GENERAL: In order to spare my learned friend's feelings—it is a pleasure to be able to oblige my learned friend —I will pass overfour of those months.
[Continuing examination]
Your late mistress, as you know, and as you have just heard, died on October the 30th. Some ten days or less before that event, did your husband contract an influenza cold?—Yes.

What did you do about that?—I made him keep to his bed.

It was part of his duty to serve at table?—Yes.

And on this particular morning, he being confined to his bed, who was in attendance during breakfast?—I was.

Did anything come to your notice that morning?—Yes.

Concerning what?—Concerning Mr and Mrs Strood.

Will you tell us exactly what happened?—Mrs Strood rang
for me during breakfast. When I answered the bell I noticed there was something wrong.

What was wrong?—I had the feeling that there was something wrong because they suddenly stopped talking.

Yes. And then?—Mrs Strood said the coffee was cold and asked me to make some more. They both looked black as thunder.

Never mind that for the moment. What happened when you came back with the coffee?—When I came back with the coffee I heard them talking. Ever so loud they were talking.

You were standing outside the door, with your tray perhaps, just on the point of going in, when you were startled by the sound of raised voices. Is that right?—Yes.

And naturally you waited a moment or two, not knowing quite what to do?—Yes.

The voices were angry?—His was. Devilish, I'd call it.

Did you hear anything of what was being said?—Mrs Strood, she said she was caught.

MR JUSTICE SARUM: She said she was 'caught'?—Yes, your lordship.

ATTORNEY-GENERAL
[continuing examination]:
Those were not Mrs Strood's actual words, were they? Can you give us her actual words?—Well, she told him she was caught.

Can you explain what that means?—She was caught. In the family way.

Do you mean that you heard Mrs Strood tell her husband that she was going to have a baby?—Yes. That's right.

MR JUSTICE SARUM: But that is not what you said. You said ‘caught'.

ATTORNEY-GENERAL: It comes to the same thing, my lord. It is a vulgarism in common use.

MR JUSTICE SARUM: It is new to me, I am happy to say. You have the advantage of me, Sir John.

ATTORNEY-GENERAL
[continuing examination]:
Now tell us, Mrs Tucker, how did the prisoner receive this piece of news? —He flew into a temper.

What did he say?—He said: “Well, I'm damned! You're a dirty cheat!”

You swear to those words?—Yes.

I come now to October the 30th, the day of Mrs Strood's
death. At what time did Mrs Strood go to bed that day?—Five o'clock, as near as makes no matter.

And why so early?—She was badly off for sleep and felt very sadly.

MR JUSTICE SARUM: You mean she felt very ill?—Yes, your lordship.

ATTORNEY-GENERAL: 'Very ill' is an expression that needs defining, my lord.
[Continuing examination]
When you say 'very sadly' or 'very ill', do you mean that she was in a state of collapse?—I wouldn't say that.

Did you have to help her to undress?—No.

What did she complain of?—She said she wasn't feeling very well.

So by 'very ill' you meant 'not very well'?—Yes. That's right.

Did you then ring up Dr Cartwright?—Yes.

Did you speak to the doctor himself on the telephone? And did you tell him that Mrs Strood had been suffering from insomnia?—I said she'd been having bad nights.

Now, so that we can get on a little faster, I am going to ask you to tell the story in your own way, and I will not interrupt you with questions unless it is absolutely necessary. What happened after you had spoken to Dr Cartwright?—Well, the next thing was the doctor coming. He was come and gone within the hour, as he lives quite near. He stayed with Mrs. Strood about ten minutes and then he went away. When he came downstairs I asked him was it serious. He says “No”, and I says: “Poor lady, she can't get any sleep.” “Well, Mrs Tucker,” he says, “you and me must get her well again. Now here's her medicine, to help her to sleep. She'll be right as a trivet in the morning.” He gave me a little bottle of medicine, it looked like plain water, and told me to give it her in a glass of water. So I did what he told me and next time I went to make her comfortable I took the glass of water with me and put it on her table.