If this hypothesis were correct, and someone was with Dr. Lana before Mrs. Madding met Mr. Arthur Morton, then who was this someone, and what motives had he for wishing evil to the doctor? It was universally admitted that if the friends of the accused could throw light upon this, they would have gone a long way towards establishing his innocence. But in the meanwhile it was open to the public to say – as they did say – that there was no proof that anyone had been there at all except the young squire; while, on the other hand, there was ample proof that his motives in going were of a sinister kind. When Mrs. Madding called, the doctor might have retired to his room, or he might, as she thought at the time, have gone out and returned afterwards to find Mr. Arthur Morton waiting for him. Some of the supporters of the accused laid stress upon the fact that the photograph of his sister Frances, which had been removed from the doctor's room, had not been found in her brother's possession. This argument, however, did not count for much, as he had ample time before his arrest to burn it or to destroy it. As to the only positive evidence in the case – the muddy footmarks upon the floor – they were so blurred by the softness of the carpet that it was impossible to make any trustworthy deduction from them. The most that could be said was that their appearance was not inconsistent with the theory that they were made by the accused, and it was further shown that his boots were very muddy upon that night. There had been a heavy shower in the afternoon, and all boots were probably in the same condition.
Such is a bald statement of the singular and romantic series of events which centred public attention upon this Lancashire tragedy. The unknown origin of the doctor, his curious and distinguished personality, the position of the man who was accused of the murder, and the love affair which had preceded the crimes all combined to make the affair one of those dramas which absorb the whole interest of a nation. Throughout the three kingdoms men discussed the case of the Black Doctor of Bishop's Crossing, and many were the theories put forward to explain the facts; but it may safely be said that among them all there was not one which prepared the minds of the public for the extraordinary sequel, which caused so much excitement upon the first day of the trial, and came to a climax upon the second. The long files of the Lancaster Weekly with their report of the case lie before me as I write, but I must content myself with a synopsis of the case up to the point when, upon the evening of the first day, the evidence of Miss Frances Morton threw a singular light upon the case.
Mr. Porlock Carr, the counsel for the prosecution, had marshalled his facts with his usual skill, and as the day wore on, it became more and more evident how difficult was the task which Mr. Humphrey, who had been retained for the defence, had before him. Several witnesses were put up to swear to the intemperate expressions which the young squire had been heard to utter about the doctor, and the fiery manner in which he resented the alleged ill-treatment of his sister. Mrs. Madding repeated her evidence as to the visit which had been paid late at night by the prisoner to the deceased, and it was shown by another witness that the prisoner was aware that the doctor was in the habit of sitting up alone in this isolated wing of the house, and that he had chosen this very late hour to call because he knew that his victim would then be at his mercy. A servant at the squire's house was compelled to admit that he had heard his master return about three that morning, which corroborated Mrs. Madding's statement that she had seen him among the laurel bushes near the gate upon the occasion of her second visit. The muddy boots and an alleged similarity in the footprints were duly dwelt upon, and it was felt when the case for the prosecution had been presented that, however circumstantial it might be, it was none the less so complete and so convincing, that the fate of the prisoner was sealed, unless something quite unexpected should be disclosed by the defence. It was three o'clock when the prosecution closed. At half-past four, when the court rose, a new and unlooked-for development had occurred. I extract the incident, or part of it, from the journal which I have already mentioned, omitting the preliminary observations of the counsel.
Considerable sensation was caused in the crowded court when the first witness called for the defence proved to be Miss Frances Morton, the sister of the prisoner. Our readers will remember that the young lady had been engaged to Dr. Lana, and that it was his anger over the sudden termination of this engagement which was thought to have driven her brother to the perpetration of this crime. Miss Morton had not, however, been directly implicated in the case in any way, either at the inquest or at the police-court proceedings, and her appearance as the leading witness for the defence came as a surprise upon the public.
Miss Frances Morton, who was a tall and handsome brunette, gave her evidence in a low but clear voice, though it was evident throughout that she was suffering from extreme emotion. She alluded to her engagement to the doctor, touched briefly upon its termination, which was due, she said, to personal matters connected with his family, and surprised the court by asserting that she had always considered her brother's resentment to be unreasonable and intemperate. In answer to a direct question from her counsel, she replied that she did not feel that she had any grievance whatever against Dr. Lana, and that in her opinion he had acted in a perfectly honourable manner. Her brother, on an insufficient knowledge of the facts, had taken another view, and she was compelled to acknowledge that, in spite of her entreaties, he had uttered threats of personal violence against the doctor, and had, upon the evening of the tragedy, announced his intention of "having it out with him." She had done her best to bring him to a more reasonable frame of mind, but he was very headstrong where his emotions or prejudices were concerned.
Up to this point the young lady's evidence had appeared to make against the prisoner rather than in his favour. The questions of her counsel, however, soon put a very different light upon the matter, and disclosed an unexpected line of defence.
Mr. Humphrey: Do you believe your brother to be guilty of this crime?
The Judge: I cannot permit that question, Mr. Humphrey. We are here to decide upon questions of fact – not of belief.
Mr. Humphrey: Do you know that your brother is not guilty of the death of Doctor Lana?
Miss Morton: Yes.
Mr. Humphrey: How do you know it?
Miss Morton: Because Dr. Lana is not dead.
There followed a prolonged sensation in court, which interrupted the examination of the witness.
Mr. Humphrey: And how do you know, Miss Morton, that Dr. Lana is not dead?
Miss Morton: Because I have received a letter from him since the date of his supposed death.
Mr. Humphrey: Have you this letter?
Miss Morton: Yes, but I should prefer not to show it.
Mr. Humphrey: Have you the envelope?
Miss Morton: Yes, it is here.
Mr. Humphrey: What is the post-mark?
Miss Morton: Liverpool.
Mr. Humphrey: And the date?
Miss Morton: June the 22nd.
Mr. Humphrey: That being the day after his alleged death. Are you prepared to swear to this handwriting, Miss Morton?
Miss Morton: Certainly.
Mr. Humphrey: I am prepared to call six other witnesses, my lord, to testify that this letter is in the writing of Doctor Lana.
The Judge: Then you must call them tomorrow.
Mr. Porlock Carr (counsel for the prosecution): In the meantime, my lord, we claim possession of this document, so that we may obtain expert evidence as to how far it is an imitation of the handwriting of the gentleman whom we still confidently assert to be deceased. I need not point out that the theory so unexpectedly sprung upon us may prove to be a very obvious device adopted by the friends of the prisoner in order to divert this inquiry. I would draw attention to the fact that the young lady must, according to her own account, have possessed this letter during the proceedings at the inquest and at the police-court. She desires us to believe that she permitted these to proceed, although she held in her pocket evidence which would at any moment have brought them to an end.
Mr. Humphrey. Can you explain this, Miss Morton?
Miss Morton: Dr. Lana desired his secret to be preserved.
Mr. Porlock Carr: Then why have you made this public?
Miss Morton: To save my brother.
A murmur of sympathy broke out in court, which was instantly suppressed by the Judge.
The Judge: Admitting this line of defence, it lies with you, Mr. Humphrey, to throw a light upon who this man is whose body has been recognized by so many friends and patients of Dr. Lana as being that of the doctor himself.
A Juryman: Has anyone up to now expressed any doubt about the matter?
Mr. Porlock Carr: Not to my knowledge.
Mr. Humphrey: We hope to make the matter clear.
The Judge: Then the court adjourns until tomorrow.
This new development of the case excited the utmost interest among the general public. Press comment was prevented by the fact that the trial was still undecided, but the question was everywhere argued as to how far there could be truth in Miss Morton's declaration, and how far it might be a daring ruse for the purpose of saving her brother. The obvious dilemma in which the missing doctor stood was that if by any extraordinary chance he was not dead, then he must be held responsible for the death of this unknown man, who resembled him so exactly, and who was found in his study. This letter which Miss Morton refused to produce was possibly a confession of guilt, and she might find herself in the terrible position of only being able to save her brother from the gallows by the sacrifice of her former lover. The court next morning was crammed to overflowing, and a murmur of excitement passed over it when Mr. Humphrey was observed to enter in a state of emotion, which even his trained nerves could not conceal, and to confer with the opposing counsel. A few hurried words – words which left a look of amazement upon Mr. Porlock Carr's face – passed between them, and then the counsel for the defence, addressing the Judge, announced that, with the consent of the prosecution, the young lady who had given evidence upon the sitting before would not be recalled.
The Judge: But you appear, Mr. Humphrey, to have left matters in a very unsatisfactory state.
Mr. Humphrey: Perhaps, my lord, my next witness may help to clear them up.
The Judge: Then call your next witness.
Mr. Humphrey: I call Dr. Aloysius Lana.
The learned counsel has made many telling remarks in his day, but he has certainly never produced such a sensation with so short a sentence. The court was simply stunned with amazement as the very man whose fate had been the subject of so much contention appeared bodily before them in the witness-box. Those among the spectators who had known him at Bishop's Crossing saw him now, gaunt and thin, with deep lines of care upon his face. But in spite of his melancholy bearing and despondent expression, there were few who could say that they had ever seen a man of more distinguished presence. Bowing to the judge, he asked if he might be allowed to make a statement, and having been duly informed that whatever he said might be used against him, he bowed once more, and proceeded:
"My wish," said he, "is to hold nothing back, but to tell with perfect frankness all that occurred upon the night of the 21st of June. Had I known that the innocent had suffered, and that so much trouble had been brought upon those whom I love best in the world, I should have come forward long ago; but there were reasons which prevented these things from coming to my ears. It was my desire that an unhappy man should vanish from the world which had known him, but I had not foreseen that others would be affected by my actions. Let me to the best of my ability repair the evil which I have done.
"To anyone who is acquainted with the history of the Argentine Republic the name of Lana is well known. My father, who came of the best blood of old Spain, filled all the highest offices of the State, and would have been President but for his death in the riots of San Juan. A brilliant career might have been open to my twin brother Ernest and myself had it not been for financial losses which made it necessary that we should earn our own living. I apologize, sir, if these details appear to be irrelevant, but they are a necessary introduction to that which is to follow.
"I had, as I have said, a twin brother named Ernest, whose resemblance to me was so great that even when we were together people could see no difference between us. Down to the smallest detail we were exactly the same. As we grew older this likeness became less marked because our expression was not the same, but with our features in repose the points of difference were very slight.
"It does not become me to say too much of one who is dead, the more so as he is my only brother, but I leave his character to those who knew him best. I will only say – for I HAVE to say it – that in my early manhood I conceived a horror of him, and that I had good reason for the aversion which filled me. My own reputation suffered from his actions, for our close resemblance caused me to be credited with many of them. Eventually, in a peculiarly disgraceful business, he contrived to throw the whole odium upon me in such a way that I was forced to leave the Argentine for ever, and to seek a career in Europe. The freedom from his hated presence more than compensated me for the loss of my native land. I had enough money to defray my medical studies at Glasgow, and I finally settled in practice at Bishop's Crossing, in the firm conviction that in that remote Lancashire hamlet I should never hear of him again.
"For years my hopes were fulfilled, and then at last he discovered me. Some Liverpool man who visited Buenos Ayres put him upon my track. He had lost all his money, and he thought that he would come over and share mine. Knowing my horror of him, he rightly thought that I would be willing to buy him off. I received a letter from him saying that he was coming. It was at a crisis in my own affairs, and his arrival might conceivably bring trouble, and even disgrace, upon some whom I was especially bound to shield from anything of the kind. I took steps to insure that any evil which might come should fall on me only, and that" – here he turned and looked at the prisoner – "was the cause of conduct upon my part which has been too harshly judged. My only motive was to screen those who were dear to me from any possible connection with scandal or disgrace. That scandal and disgrace would come with my brother was only to say that what had been would be again.
"My brother arrived himself one night not very long after my receipt of the letter. I was sitting in my study after the servants had gone to bed, when I heard a footstep upon the gravel outside, and an instant later I saw his face looking in at me through the window. He was a clean-shaven man like myself, and the resemblance between us was still so great that, for an instant, I thought it was my own reflection in the glass. He had a dark patch over his eye, but our features were absolutely the same. Then he smiled in a sardonic way which had been a trick of his from his boyhood, and I knew that he was the same brother who had driven me from my native land, and brought disgrace upon what had been an honourable name. I went to the door and I admitted him. That would be about ten o'clock that night.
"When he came into the glare of the lamp, I saw at once that he had fallen upon very evil days. He had walked from Liverpool, and he was tired and ill. I was quite shocked by the expression upon his face. My medical knowledge told me that there was some serious internal malady. He had been drinking also, and his face was bruised as the result of a scuffle which he had had with some sailors. It was to cover his injured eye that he wore this patch, which he removed when he entered the room. He was himself dressed in a pea-jacket and flannel shirt, and his feet were bursting through his boots. But his poverty had only made him more savagely vindictive towards me. His hatred rose to the height of a mania. I had been rolling in money in England, according to his account, while he had been starving in South America. I cannot describe to you the threats which he uttered or the insults which he poured upon me. My impression is, that hardships and debauchery had unhinged his reason. He paced about the room like a wild beast, demanding drink, demanding money, and all in the foulest language. I am a hot-tempered man, but I thank God that I am able to say that I remained master of myself, and that I never raised a hand against him. My coolness only irritated him the more. He raved, he cursed, he shook his fists in my face, and then suddenly a horrible spasm passed over his features, he clapped his hand to his side, and with a loud cry he fell in a heap at my feet. I raised him up and stretched him upon the sofa, but no answer came to my exclamations, and the hand which I held in mine was cold and clammy. His diseased heart had broken down. His own violence had killed him.
"For a long time I sat as if I were in some dreadful dream, staring at the body of my brother. I was aroused by the knocking of Mrs. Woods, who had been disturbed by that dying cry. I sent her away to bed. Shortly afterwards a patient tapped at the surgery door, but as I took no notice, he or she went off again. Slowly and gradually as I sat there a plan was forming itself in my head in the curious automatic way in which plans do form. When I rose from my chair my future movements were finally decided upon without my having been conscious of any process of thought. It was an instinct which irresistibly inclined me towards one course.
"Ever since that change in my affairs to which I have alluded, Bishop's Crossing had become hateful to me. My plans of life had been ruined, and I had met with hasty judgments and unkind treatment where I had expected sympathy. It is true that any danger of scandal from my brother had passed away with his life; but still, I was sore about the past, and felt that things could never be as they had been. It may be that I was unduly sensitive, and that I had not made sufficient allowance for others, but my feelings were as I describe. Any chance of getting away from Bishop's Crossing and of everyone in it would be most welcome to me. And here was such a chance as I could never have dared to hope for, a chance which would enable me to make a clean break with the past.
"There was this dead man lying upon the sofa, so like me that save for some little thickness and coarseness of the features there was no difference at all. No one had seen him come and no one would miss him. We were both clean-shaven, and his hair was about the same length as my own. If I changed clothes with him, then Dr. Aloysius Lana would be found lying dead in his study, and there would be an end of an unfortunate fellow, and of a blighted career. There was plenty of ready money in the room, and this I could carry away with me to help me to start once more in some other land. In my brother's clothes I could walk by night unobserved as far as Liverpool, and in that great seaport I would soon find some means of leaving the country. After my lost hopes, the humblest existence where I was unknown was far preferable, in my estimation, to a practice, however successful, in Bishop's Crossing, where at any moment I might come face to face with those whom I should wish, if it were possible, to forget. I determined to effect the change.
"And I did so. I will not go into particulars, for the recollection is as painful as the experience; but in an hour my brother lay, dressed down to the smallest detail in my clothes, while I slunk out by the surgery door, and taking the back path which led across some fields, I started off to make the best of my way to Liverpool, where I arrived the same night. My bag of money and a certain portrait were all I carried out of the house, and I left behind me in my hurry the shade which my brother had been wearing over his eye. Everything else of his I took with me.
"I give you my word, sir, that never for one instant did the idea occur to me that people might think that I had been murdered, nor did I imagine that anyone might be caused serious danger through this stratagem by which I endeavoured to gain a fresh start in the world. On the contrary, it was the thought of relieving others from the burden of my presence which was always uppermost in my mind. A sailing vessel was leaving Liverpool that very day for Corunna, and in this I took my passage, thinking that the voyage would give me time to recover my balance, and to consider the future. But before I left my resolution softened. I bethought me that there was one person in the world to whom I would not cause an hour of sadness. She would mourn me in her heart, however harsh and unsympathetic her relatives might be. She understood and appreciated the motives upon which I had acted, and if the rest of her family condemned me, she, at least, would not forget. And so I sent her a note under the seal of secrecy to save her from a baseless grief. If under the pressure of events she broke that seal, she has my entire sympathy and forgiveness.
"It was only last night that I returned to England, and during all this time I have heard nothing of the sensation which my supposed death had caused, nor of the accusation that Mr. Arthur Morton had been concerned in it. It was in a late evening paper that I read an account of the proceedings of yesterday, and I have come this morning as fast as an express train could bring me to testify to the truth."
Such was the remarkable statement of Dr. Aloysius Lana which brought the trial to a sudden termination. A subsequent investigation corroborated it to the extent of finding out the vessel in which his brother Ernest Lana had come over from South America. The ship's doctor was able to testify that he had complained of a weak heart during the voyage, and that his symptoms were consistent with such a death as was described.
As to Dr. Aloysius Lana, he returned to the village from which he had made so dramatic a disappearance, and a complete reconciliation was effected between him and the young squire, the latter having acknowledged that he had entirely misunderstood the other's motives in withdrawing from his engagement. That another reconciliation followed may be judged from a notice extracted from a prominent column in the Morning Post:
"A marriage was solemnized upon September 19th, by the Rev. Stephen Johnson, at the parish church of Bishop's Crossing, between Aloysius Xavier Lana, son of Don Alfredo Lana, formerly Foreign Minister of the Argentine Republic, and Frances Morton, only daughter of the late James Morton, J.P., of Leigh Hall, Bishop's Crossing, Lancashire."