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Updated: May 3, 2025
Had Birchill been under the impression that he had broken into an entirely empty house he would have collected the valuables and might not have entered the library in which the dead body lay. I put it to the jury that such is a more probable explanation of how Sir Horace met his death than that he was shot down by Birchill.
I have shown you that Hill was the master mind in planning the burglary, and, that being so, would not Birchill have consented to the postponement of the burglary if Hill had urged him to do so when he visited the flat after the unexpected return of the master of Riversbrook?
What more likely than such a man, threatened as he describes, should turn to his master who had shielded him and trusted him?" "I confess that is a point which never struck me," said Rolfe thoughtfully. "Now, let us go on to the meeting between Hill and Birchill," continued Crewe.
He related what Birchill had said when arrested, and declared that he was positive that the footprints found outside the kitchen window were made by the boots produced in court which Birchill had been wearing at the time he was arrested.
The spectators resumed theirs, craning their necks eagerly to look at the accused man, Birchill, who was brought into the dock by two warders. The work of empanelling a jury commenced, and when it was completed Mr. Walters, K.C., opened the case for the prosecution. Mr. Walters was a long-winded Counsel who had detested the late Mr.
Hill, who had not been available as a witness at the police court being then on the way back from America in response to a cablegram from Crewe reappeared as a witness. He looked much more at ease in the witness-box than on the occasion when he gave evidence against Birchill.
Inspector Chippenfield's evidence was followed by that of the two tramway employees, who declared that to the best of their belief Birchill was the man who boarded their tram at half-past nine on the night of the 18th of August, and rode to the terminus at Hampstead, which they reached at 10.4 p. m.
Hill might be speaking the truth and the prisoner might be innocent though the presumption would be, if Hill's evidence were truthful in every detail, that the prisoner was guilty. Fanning's evidence might be true as far as it went, but it would not in itself prove that the prisoner was innocent. Hill had admitted that he had drawn the plan of Riversbrook to assist Birchill to commit burglary.
He drew back cautiously into the shade of one of the chestnut trees of the street avenue, and saw the man plainly as he ran past him. Ryder will swear that the man he saw was Birchill." "It's a lie! It's a lie! You're trying to hang him, you wicked man. Oh, Fred, Fred!" The cry proceeded from the girl Doris Fanning.
Birchill consented to the plan, and when on the night of the 18th August he broke into the house he found the murdered body of Sir Horace in the library. That was the full extent of the prisoner's connection with the crime.
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