ce's
increased anxiety to lay hold of Burchill. The police theory, after all,
is a very simple one--let's take it and their evidence point by point.
"1. The police say that Jacob Herapath came to his death
as the result of a conspiracy between his nephew
Barthorpe Herapath and Frank Burchill.
"2. They say that the proof that that conspiracy existed
is found in certain documents discovered by Davidge at
Burchill's flat, in which documents Barthorpe
covenants to pay Burchill ten per cent. of the value
of the Herapath property if and when he, Barthorpe,
comes into it.
"3. The police argue that this conspiracy to murder Jacob
Herapath and upset the will was in existence before
November 12th--in other words that the idea of
upsetting the will came first, and that the murder
arose out of it.
"4. In support of this they have proved that Barthorpe was
in close touch with Burchill as soon as the murder was
committed--afternoon of the same day, at any rate--and
therefore presumably had been in close touch with him
previously.
"5. They have proved to the full a certain matter about
which there is no doubt--that Barthorpe was at the
estate office about the time at which, according to
medical evidence, his uncle was murdered, that he
subsequently put on his uncle's coat and hat and
visited this house, and afterwards returned to the
estate office. That, I say, is certain--and it is the
most damning thing against Barthorpe.
"6. According to the police, then, Barthorpe was the
actual murderer, and Burchill was an accessory before
the fact. There is no evidence that Burchill was near
the estate office that night. But that, of course,
doesn't matter--if, as the police suggest, there is
evidence that the conspiracy to kill Jacob Herapath
existed before November 12th, then it doesn't matter
at all whether Burchill took an active part in it or
not--he's guilty as accessory."
The Professor here paused and smote his bundle of papers. Then he lifted
and wagged one of his great fingers.
"But!" he exclaimed. "But--but--always a but! And the but in this case
is a mighty one. It's this--did that conspiracy exist before November
12th? Did it--did it? It's a great poin
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