Another controversial point of which much was made on both sides by the use of those two-edged tools, the expert witnesses, was that of the button found in the dead man's hand. Even now I am not convinced in my own mind which side was right over this. The defence claimed, possibly quite justly, that a man falling from a height instinctively opens his hands to make clutching movements as he falls. This theory, of course, depended upon their premise that the man was alive when he began to fall.
Our own point was that, even if they were right in their 'clutching' theory, the man was already dead when he fell and that, therefore, his hand, clenched round the button from the murderer's coat, would remain closed. This suggestion was weakened by the evidence of one of our own witnesses, the police doctor, who was compelled to disclose that the button was not so much clenched in the dead man's hand as resting lightly on the palm which was 'slightly folded over it.'
The testimony of the youth who found the body was of no help to either side on this point, as he deposed that he 'was frightened to see the poor chap lying there all knocked out,' and went at once for help. Incidentally, we were unfortunate with this witness, too, for he was so flustered that throughout his evidence he often confused the two occasions on which he had found Mr. Turney lying on the path. Help, on both occasions, was not immediately forthcoming, for the superstitious villagers, who have always believed the house to be haunted, refused to go anywhere near it when they heard that someone had been found hurt there, and the only person at first to respond was the village policeman.
An interesting detail contributed by the prisoner herself was that the cardigan from which the button came had been given by her to Mrs. Muriel Turney, and that when she presented it all the buttons were in place, although she agreed that it was not then a new garment but was 'one she did not like the colour of, and Cousin Muriel fancied it.'
Mrs. Turney, on the other hand, while not denying the gift, stated that when Bella Foxley left the inn in such a hurry that night she said, 'Oh, my coat's downstairs; never mind; this will do.' As she said this she snatched up the cardigan from the foot of Mrs. Turney's bed (the women were sharing a room at the inn), and put it on. In reply to a question from the judge, she said that Bella was fully dressed, except that she had not troubled to put on her stockings, and, in reply to a question from the defending counsel, she agreed that both of them had gone to bed previous to Bella Foxley's having left the inn, and that Bella had awakened her by her preparations for going. 'She did not tell me what she intended to do, until I asked her,' the witness continued, 'and it is my belief that she proposed to sneak out without letting me know where she was going. Unfortunately for her, I am a light sleeper, and I woke up and asked her what was the matter. She said she was worried about Tom, and was going to see if he was all light. As Tom had already once fallen out of the window, I could see what she had in mind.'
In reply to another question she said, 'Yes, of course I offered to go with her. It is all nonsense for her to say I was too nervous to go. She said it would take me too long to get ready, and that by then the mischief would have been done. She then pushed me back on the bed.'
She was asked what she thought this remark about mischief meant, and replied that she supposed at the time that it referred either to the hauntings, or to Tom's previous fall. She added that they had had a good deal of trouble with
Being asked, further, whether she had ever considered that what she called the
Explanation of these statements took up what I regarded as an unnecessary amount of the court's time, but the judge ruled that all was admissible. Sir Godfrey Wenham was justified, of course, in exploiting this witness to the full, for she prejudiced our case with almost every word she spoke, although she was our witness. Incidentally, she blamed me bitterly afterwards for not having secured a conviction.