by Ngaio Marsh
MISS FREEBODY: For the first time.
GOLDING: What! You have never seen it before! Be careful, Miss Freebody. The chemist has identified the container and has told the court that he advised the purchaser to keep it in a conspicuous place. Had you never seen it in your garden shed?
MISS FREEBODY: My gardener saw that one.
GOLDING: Oh. The gardener saw it, did he? And reported it to you?
MISS FREEBODY: Yes. And I told him to get rid of it. So he did.
GOLDING: When was this?
MISS FREEBODY: Soon after I came. Five years ago.
GOLDING: Indeed. How did the gardener in fact ‘get rid of it’, as you claim?
MISS FREEBODY: I have no idea.
GOLDING: You have no idea! Is the gardener going to give evidence on your behalf?
MISS FREEBODY: Can’t. He’s dead.
(Somebody laughs. DEFENCE COUNSEL grins.)
USHER: Silence in court.
GOLDING: And how do you account for its being discovered in your shrubbery in a perfectly clean condition three days after the dog was poisoned?
MISS FREEBODY: I repeat, the one in the shed had been destroyed. This was another one. Thrown there, of course, over the hedge.
GOLDING: We are to suppose, are we, that an unknown poisoner brought a second jar of cyanide with him or her, although he or she had already prepared the liver and wrapped it. Why on earth should anyone do that?
MISS FREEBODY: To incriminate me. Obviously.
GOLDING: (irritated) Once more into the realms of fantasy! I put it to you that no shadow of a motive and no jot of evidence can be found to support such a theory.
MISS FREEBODY: Oh yes, it can. It can.
GOLDING: It can! Perhaps you will be good enough to explain –
JUDGE: Mr Golding, you have very properly attempted to confine the witness to statements of fact. Are you now inviting her to expound a theory?
GOLDING: My lord, the accused, so far as one can follow her, appears to be advancing in her own defence a counter-accusation.
JUDGE: Mr O’Connor, have you anything to say on this point.
O’CONNOR: (rising) Yes, my lord, I have. I must say again at once, my lord, that I have received no instructions as to the positive identity of the person my client apparently believes – most ardently believes – to have – may I say ‘planted’? – the half-empty container of cyanide on her property. My instructions were simply that she herself is innocent and therefore the container must in fact have been planted. As a result of the way the evidence has developed, I’d be obliged for a short adjournment to see whether there are further enquiries that should be made.
(O’CONNOR sits. GOLDING rises.)
GOLDING: My lord, I submit that the antics, if I may so call them, of the accused in the witness box are completely irrelevant. If there were one jot of substance in this rigmarole, why on earth did she not advance it in the first instance?
MISS FREEBODY: And I can tell you why. It’s because I’ve only now realized it – in this court. It’s been borne in upon me. (She points at MRS ECCLESTONE and DR SWALE) Seeing those two together. Watching them. Hearing them! Knowing! Remembering! They’re would-be murderers. That’s what they are.
JUDGE: Be quiet, madam. I warn you that you do your own cause a great deal of harm by your extravagant and most improper behaviour. For the last time, I order you to confine yourself to answering directly questions put by learned counsel. You may not, as you constantly have done, interrupt the proceedings and you may not, without permission, address the court. If you persist in doing so you will be held in contempt. Do you understand me?
(She makes no response.)
JUDGE: Mr O’Connor, am I to understand that in view of the manner in which this case has developed and the introduction of elements – unanticipated, as you assure us, in your instructions – you would wish me to adjourn?
O’CONNOR: If your Lordship will.
JUDGE: Mr Golding?
GOLDING: I have no objection, my lord.
JUDGE: Does an adjournment until ten o’clock tomorrow morning seem appropriate?
O’CONNOR: Certainly, my lord.
JUDGE: Very well. (Generally) The court is adjourned until ten o’clock tomorrow morning. (He rises.)
(The JUDGE goes out. COUNSEL gather up their papers and confer with their solicitor representatives. The accused in removed. The witnesses stand, and the CLERK issues instructions as to reassembly. MAJOR ECCLESTONE confronts his wife and DR SWALE. There is a momentary pause before she lifts her chin and goes out. The men remain face to face for a second or two, and then DR SWALE follows and overtakes her in the doorway.)
(The court reassembles at 10:00 the next morning.)
(The JUDGE enters and takes his seat.)
JUDGE: Members of the jury, I am sure you apprehend the reasons for an adjournment in this, in many ways, somewhat eccentric case. I’m sorry if the delay has caused you inconvenience. Before we go on I would like to remind you that you are where you are for one purpose only: to decide whether accused, Mary Emmaline Freebody, is guilty of the attempted murder of Major Ecclestone. You are not concerned with anything that may have emerged outside the provenance of this charge unless it bears on the single question – the guilt or innocence of the accused.
(The accused is in the witness box. The ECCLESTONES and DR SWALE now sit apart from each other, separated by TIDWELL and the local chemist They are shaken and anxious. They look straight in front of them. The MAJOR keeps darting glances at them. He withdraws a small plastic case from his pocket. He extracts a capsule and swallows it.)
JUDGE: Mr Golding, you may now wish to continue your cross-examination.
GOLDING: I have no further questions, my lord.
JUDGE: Very well. Mr O’Connor, do you wish to re-examine the defendant, and may I say, Mr O’Connor, that I trust there will be no repetition of yesterday’s irregularities.
O’CONNOR: (rising) My lord, I sincerely hope not. I have no further questions to put to the defendant.
JUDGE: You may go back to the dock, Miss Freebody.
(The WARDRESS puts an arm on MISS FREEBODY who glares at her. MISS FREEBODY returns to the dock. PROSECUTION COUNSEL rises.)
GOLDING: My lord, I must inform your Lordship that Major Ecclestone has waited upon me and has expressed a desire to amend some of his former evidence, and has asked me to put his request before your Lordship.
JUDGE: Did you anticipate anything of this sort, Mr Golding?
GOLDING: Not I, my lord.
JUDGE: (after a long pause) Very well.
GOLDING: I recall Major Basil Ecclestone.
(There is a general stir as the MAJOR goes hack to the box. His manner is greatly changed. His animosity is now directed against DR SWALE.)
GOLDING: May I remind you that you are still on oath. (MAJOR grunts.) Major Ecclestone, is it true that because of certain developments you now wish to amend some of the former evidence that you gave earlier in these proceedings?
MAJOR: I do.
GOLDING: And that evidence concerns the identity of the person you believe to have been responsible for poisoning the meat?
MAJOR: It does, sir.
GOLDING: And will you tell the court who—
(A cry from the MAJOR. The CLERK stands sharply. The MAJOR is in a sudden agony of convulsion. He struggles, jerks violently, falls, suffers a final galvanic spasm and is still. The USHER goes to the box. The body slides half down the steps. DR SWALE hurries across and stoops over it.)
USHER: Quiet. Quiet! Silence in court. Silence.
(The JUDGE has risen. DR SWALE looks up at him and with a slight gesture of bewilderment shakes his head.)
JUDGE: Clear the court! Usher. Clear the court.
(The accused is standing triumphant in the dock and pointing at the body.)
MISS FREEBODY: Justice. Justice.
(Reporters scramble for the door.)
Part Three
O’CONNOR: …and
I would submit, my lord, with respect that the evidence is admissible. My lord, may I very briefly review the somewhat macabre sequence of events?
JUDGE: (smiling) Briefly, Mr O’Connor? Very briefly?
O’CONNOR: My lord, I really am very much obliged. Very briefly then, my client is accused of putting cyanide of potassium into Major Ecclestone’s meat. Major Ecclestone who laid the case against her has died and cyanide has been found in his body. There is a strong presumption – indeed an overwhelming probability – that cyanide was introduced into one of the capsules Major Ecclestone was in the habit of taking at stated intervals for a digestive disorder. He was seen to take one of these capsules immediately before his death. My lord, I shall, if permitted, call expert evidence to show that a capsule containing cyanide would only remain intact for an hour. After that, the poison would begin to seep through the container. Miss Freebody has not been left alone since the commencement of this trial. It is obvious, therefore, she cannot be held responsible for causing his death. Whoever murdered Major Ecclestone, it was certainly not Miss Freebody. So that if, as of course we most strenuously deny, she caused the death of the dog, we have to accept a grotesque coincidence of two persons independently attempting to kill Major Ecclestone. Thus, my lord, I submit that the circumstances leading to Major Ecclestone’s death are admissible evidence.
(DEFENCE COUNSEL sits down. A pause. The JUDGE has taken an occasional note during this submission. He now looks up and waits for a moment.)
JUDGE: Yes. Thank you. (He turns to PROSECUTION COUNSEL.) Well, Mr Golding?
GOLDING: (rising) My lord, I shall oppose the introduction of any reference whatever to the death of Major Ecclestone. I submit that it would be grossly improper to confuse in the minds of the jury two entirely separate issues. The inquiry into Major Ecclestone’s death is in the hands of the police. And if they make an arrest there will be a trial in another court under another jury. What will transpire on what accusations may be made is utterly irrelevant to these proceedings. I submit that it will be irregular in the highest degree to anticipate them. As far as this court is concerned, my lord, may I venture to remind my learned friend that ‘the dog it was that died’ and not its master?
JUDGE: And what do you say to that, Mr O’Connor?
O’CONNOR: (good-humouredly) Touché, I suppose, my lord.
JUDGE: This is in more ways than one a most unusual case. The death in the witness box of the principal witness for the prosecution, the man who laid the accusation against the defendant, and the finding of cyanide in his body is an extraordinary circumstance. I may order the jury to dismiss all this from their minds, but gentlemen, I may do so until my wig turns black and falls off my head but they won’t be able to do so. But to return to the argument. It would be remarkable if two people had independently desired to bring about the Major’s death. Thus if the second, successful, attempt could not have been made by the accused, it seems to me to be relevant to the allegation that she made the first attempt. I therefore rule that evidence regarding the nature and characteristics of the poisoned capsule is admissible.
O’CONNOR: I am greatly obliged to your Lordship.
JUDGE: Very well. Here we go again, gentlemen. (To the USHER) The jury may come back.
(The court reassembles. The jury enters. MISS FREEBODY returns to the dock. DR SWALE now sits by himself in the witnesses’ seats. MRS ECCLESTONE, in mourning, hesitates and takes a seat removed from his. A pause and then he rises and goes to her. He bends over her for a moment and then offers his hand. After hesitating, she takes it. He then takes a seat behind hers.)
JUDGE: Members of the jury. Your attendance in this case was interrupted by an extraordinary and most distressing event which in the interval has received a great deal of publicity and has acquired a considerable amount of notoriety. You are of course not here to try anyone for Major Ecclestone’s death. You are here to decide whether Mary Emmaline Freebody is guilty or not guilty of attempted murder and that is your sole duty. Having said this I add one important qualification. If, during the continuation of the hearing, evidence is tendered that arises out of the circumstances attending upon Major Ecclestone’s death and that evidence has a bearing upon the question of the defendant’s guilt or innocence, then I will admit it for your consideration. Very well, Mr O’Connor.
O’CONNOR: (rising) You are Dr Ernest Smithson, of 24 Central Square, Fulchester.
DR SMITHSON: Yes.
O’CONNOR: You, Dr Smithson, are consultant pathologist for the Fulchester Constabulary?
DR SMITHSON: I am.
O’CONNOR: Did you carry out a post mortem on Major Ecclestone?
DR SMITHSON: Yes. I found he had died of cyanide poisoning.
O’CONNOR: May he be shown Exhibit Six? Is that the bottle taken from the Major’s body?
DR SMITHSON: Yes. I found it myself in his pocket. It was a bottle of Duogastacone which contained capsules of potassium cyanide.
O’CONNOR: Which suggests that cyanide had been introduced into a bottle containing capsules of Duogastacone?
DR SMITHSON: Yes.
O’CONNOR: Now will you please tell the court whether it would be possible to fill capsules of the sort commonly used in pharmaceutical dispensaries with cyanide of potassium?
DR SMITHSON: It would be possible, yes.
O’CONNOR: In what form would the cyanide be?
DR SMITHSON: In the form of powder.
O’CONNOR: And would the capsules be indistinguishable from those filled with a doctor’s prescription?
DR SMITHSON: If the prescribed powder was the same colour, which it probably would be, yes. To begin with, that is.
JUDGE: To begin with, Dr Smithson? Can you explain a little farther?
DR SMITHSON: After about an hour, my lord, the cyanide would begin to seep through the capsule and this would become increasingly noticeable.
O’CONNOR: Let me get this quite clear. To escape detection, the whole operation, filling the capsules with the lethal powder and conveying them to the intended victim, would have to be executed within an hour before one of the capsules was taken?
DR SMITHSON: Before they had begun to disintegrate, I would prefer to say.
O’CONNOR: Dr Smithson, are you aware that from the day before the death of Major Ecclestone, my client has been under constant supervision?
DR SMITHSON: I have been so informed, yes.
O’CONNOR: And therefore could not, for instance, possibly have concocted lethal capsules of the sort we have been talking about and conveyed them to some person or place outside her own premises?
DR SMITHSON: Obviously not if she was under constant supervision.
O’CONNOR: Thank you.
(O’CONNOR sits. GOLDING rises.)
GOLDING: My lord.
JUDGE: (with a slight smile and an air of knowing what’s coming) Yes, Mr Golding?
GOLDING: Well – yes, indeed, my lord. I merely beg to remind the jury of what your Lordship has already laid down. The defendant is not on trial for concocting lethal capsules and I submit that the evidence we have just heard is irrelevant. I have no questions to put to Dr Smithson.
