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All of this seems a strong case until we look closely and see that there is little evidence. To take the successful murder first, no one testified that Nurse Miggs had gotten near enough to the Major to slip a capsule into his container; had she left Miss Freebody long enough to do so, someone surely would have seen her. As for most of the rest—Miss Freebody’s being treated as a mental patient in the care of Nurse Miggs and so on—it’s just unsubstantiated speculation. The evidence that Miss Freebody poisoned Bang, the Alsatian, is stronger, but I find it unconvincing, especially in regard to the tin of wasp exterminator. Even a slightly deranged person would have known better than to toss such an incriminating bit of evidence onto her own property. As Miss Freebody herself pointed out, it has all the indications of a plant. If it was not part of a frame-up, it must have been discarded by someone who wanted to get rid of it as quickly as possible.
SOLUTION 2
Dr. Swale and Mrs. Ecclestone poisoned the dog and killed the Major. We needn’t go over this theory in as much detail, for perhaps even more obviously than in the case against Miss Freebody, Dr. Swale had motive, means, and opportunity in the poisoning of the liver. If Dr. Swale did the deed, the killing of the dog must have been accidental, or a preliminary to the Major’s death when he ate the mixed grill, which we can assume was also poisoned. In regard to the successful attempt against the Major, we should note that Dr. Swale had access to cyanide and to capsules, and that Mrs. Ecclestone was sitting next to her husband and could have slipped the poisoned capsule into his medicine case. It’s a bit harder to know why the poisoning was done in the courtroom, especially since it seemed to exonerate Miss Freebody. The Major was about to accuse his wife and Dr. Swale, but unless he had new evidence the accusation would not have meant much. But did he have new evidence? We don’t know, though Dr. Swale may have feared that the Major could make the accusation stick.
Like the case against Miss Freebody, the above outline seems at first glance plausible, but it founders on a problem. Mrs. Ecclestone certainly and Dr. Swale probably knew that liver was always given to the dog. They also were familiar enough with the Major’s character to know that he would have assumed that he was the target. Why, if they pla
SOLUTIONS 3 AND 4
Miss Freebody poisoned the dog, but Dr. Swale and Mrs. Ecclestone poisoned the Major. Solution 4 is the reverse: Dr. Swale and Mrs. Ecclestone poisoned the dog, but Miss Freebody poisoned the Major. As experienced mystery readers, we don’t have to agree with the Judge’s opinion that both crimes were the work of the same person, but in this case it’s difficult to accept a Miss Freebody-Dr. Swale-Mrs. Ecclestone combination. This solution, no matter how the details are juggled about, combines the weaknesses of the previous solutions. In order to show why a Solution 5 is necessary, let’s summarize the conclusions that seem to exonerate the obvious suspects:
The First Crime:
Miss Freebody probably did not poison the liver because she would not have left the tin of wasp exterminator in her own shrubbery.
Dr. Swale and Mrs. Ecclestone probably did not poison the liver because they would not have poisoned the dog first.
The Second Crime:
Miss Freebody probably did not murder the Major because she was watched at all times and her only possible agent, Nurse Miggs, could not have poisoned him without someone noticing that she was no longer guarding Miss Freebody.
Dr. Swale and Mrs. Ecclestone probably did not murder the Major because they would not have done it during the trial unless they were guilty of the first crime which, as we have pointed out, is unlikely.
Having finally eliminated these three suspects, we are left with—
SOLUTION 5
A person or persons previously unsuspected committed both crimes. Ngaio Marsh, like her contemporaries Agatha Christie, John Dickson Carr, and Ellery Queen, often used the least-likely-person gambit. Would Marsh have chosen someone like Miss Freebody, Mrs. Ecclestone, and Dr. Swale, who had such obvious motives? She carefully shows that others had less obvious but perhaps just as compelling motives to kill Major Ecclestone. The Major quarrelled with everyone he dealt with, including his landlord, his late doctor, the secretary of his club, the postman, and the butcher. In fact, he threatened the butcher’s boy with his dog. Whether this boy was Thomas Tidwell or, more likely, a lad who worked with him, Tidwell had a motive to kill the dog and by extension the Major himself. But how could Tidwell have gotten the poison and the capsule in which to put it? Quite easily: he was apparently a friend of the local chemist, with whom he is sitting in the final scene. The tin of wasp exterminator came from the chemist. We recall that Mrs. Ecclestone testified that Tidwell delivered the meat shortly after 3:00, but that Tidwell himself said that he left at 3:30. What was he doing during that half hour? Though he probably did not know of Miss Freebody’s motive, he knew that Dr. Swale was having an affair with Mrs. Ecclestone, and that Miss Freebody could swear to their frequent meetings. He must have been waiting for Dr. Swale’s arrival so that an obvious suspect was present. He poisoned the liver, and then changed the wrappings to indicate that someone had opened the parcel after he had handled it. But he feared being caught with the tin of poison, so he simply threw it into the nearest shrubbery. During the trial, Miss Freebody seemed genuinely surprised by the evidence against Dr. Swale and Mrs. Ecclestone. Not only was Tidwell not surprised, but he carefully pointed it out. To make his case against Dr. Swale and Mrs. Ecclestone complete and to make Major Ecclestone finally pay for his threats, Tidwell decided to poison the Major during the trial. Did he do it himself, or did his friend the chemist manage it? We don’t know, for Ngaio Marsh’s stage directions are a bit vague, but she points out that the two of them sat between the Ecclestones. In both the death of the dog and the murder of the Major, Thomas Tidwell had the most obvious opportunity, and when that is combined with his motive and, through the chemist, the means, it is clear that he should be the defendant in the next session of “Crown Court.”
—Douglas G Greene
The End