The Red Thumb Mark | Page 6

with him a photograph of the
incriminating mark, the comparison was made then and there; and you
may imagine Mrs. Hornby's horror and amazement when it was made
clear that the print of her nephew Reuben's left thumb corresponded in
every particular with the thumb-print that was found in the safe.
"At this juncture Mr. Hornby arrived on the scene and was, of course,
overwhelmed with consternation at the turn events had taken. He would
have liked to let the matter drop and make good the loss of the
diamonds out of his own funds, but, as that would have amounted
practically to compounding a felony, he had no choice but to prosecute.
As a result, a warrant was issued for the arrest of Mr. Reuben, and was
executed this morning, and my client was taken forthwith to Bow Street
and charged with the robbery."
"Was any evidence taken?" asked Thorndyke.
"No. Only evidence of arrest. The prisoner is remanded for a week, bail
having been accepted in two sureties of five hundred pounds each."
Thorndyke was silent for a space after the conclusion of the narrative.
Like me, he was evidently not agreeably impressed by the lawyer's
manner, which seemed to take his client's guilt for granted, a position
indeed not entirely without excuse having regard to the circumstances
of the case.
"What have you advised your client to do?" Thorndyke asked presently.
"I have recommended him to plead guilty and throw himself on the
clemency of the court as a first offender. You must see for yourself that

there is no defence possible."
The young man flushed crimson, but made no remark.
"But let us be clear how we stand," said Thorndyke. "Are we defending
an innocent man or are we endeavouring to obtain a light sentence for a
man who admits that he is guilty?"
Mr. Lawley shrugged his shoulders.
"That question can be best answered by our client himself," said he.
Thorndyke directed an inquiring glance at Reuben Hornby, remarking--
"You are not called upon to incriminate yourself in any way, Mr.
Hornby, but I must know what position you intend to adopt." Here I
again proposed to withdraw, but Reuben interrupted me.
"There is no need for you to go away, Dr. Jervis," he said. "My position
is that I did not commit this robbery and that I know nothing whatever
about it or about the thumb-print that was found in the safe. I do not, of
course, expect you to believe me in the face of the overwhelming
evidence against me, but I do, nevertheless, declare in the most solemn
manner before God, that I am absolutely innocent of this crime and
have no knowledge of it whatever."
"Then I take it that you did not plead 'guilty'?" said Thorndyke.
"Certainly not; and I never will," replied Reuben hotly.
"You would not be the first innocent man, by very many, who has
entered that plea," remarked Mr. Lawley. "It is often the best policy,
when the defence is hopelessly weak."
"It is a policy that will not be adopted by me," rejoined Reuben. "I may
be, and probably shall be, convicted and sentenced, but I shall continue
to maintain my innocence, whatever happens. Do you think," he added,
turning to Thorndyke, "that you can undertake my defence on that
assumption?"

"It is the only assumption on which I should agree to undertake the
case," replied Thorndyke.
"And--if I may ask the question--" pursued Reuben anxiously, "do you
find it possible to conceive that I may really be innocent?"
"Certainly I do," Thorndyke replied, on which I observed Mr. Lawley's
eyebrows rise perceptibly. "I am a man of facts, not an advocate, and if
I found it impossible to entertain the hypothesis of your innocence, I
should not be willing to expend time and energy in searching for
evidence to prove it. Nevertheless," he continued, seeing the light of
hope break out on the face of the unfortunate young man, "I must
impress upon you that the case presents enormous difficulties and that
we must be prepared to find them insuperable in spite of all our
efforts."
"I expect nothing but a conviction," replied Reuben in a calm and
resolute voice, "and can face it like a man if only you do not take my
guilt for granted, but give me a chance, no matter how small, of making
a defence."
"Everything shall be done that I am capable of doing," said Thorndyke;
"that I can promise you. The long odds against us are themselves a spur
to endeavour, as far as I am concerned. And now, let me ask you, have
you any cuts or scratches on your fingers?"
Reuben Hornby held out both his hands for my colleague's inspection,
and I noticed that they were