by Ngaio Marsh
Curtis-Vane asked Susan Bridgeman, very formally, if she would prefer to leave them.
“No. I don’t know. If you must do it—” she said, and made no move.
“I don’t think we’ve any right to play it if you don’t want us to,” Solomon said.
“That,” said McHaffey pleasurably, “is a legal point. I should have to—”
“Mr. McHaffey,” said Curtis-Vane, “there’s nothing ‘legal’ about these proceedings. They are completely informal. If Mrs. Bridgeman does not wish us to play the record, we shall, of course, not play it.”
“Excuse me, Mr. Chairman,” said McHaffey, in high dudgeon. “That is your ruling. We shall draw our own conclusions. Personally, I consider Mrs. Bridgeman’s attitude surprising. However—”
“Oh!” she burst out. “Play it, play it, play it. Who cares! I don’t. Play it.”
So Bob Johnson fetched the tape recorder. He put it on the table. “It may have got damaged in the storm,” he said. “But it looks O.K. He’d rigged a bit of a waterproof shelter over it. Anyone familiar with the type?”
Dr. Mark said, “It’s a superb model. With that parabolic mike, it’d pick up a whisper at ten yards. More than I could ever afford, but I think I understand it.”
“Over to you, then, Doc.”
It was remarkable how the tension following Susan Bridgeman’s behaviour was relaxed by the male homage paid to a complicated mechanism. Even Clive, in his private fury, whatever it was, watched the opening up of the recorder. Wingfield leaned over the table to get a better view. Only Solomon remembered the woman and went to sit beside her. She paid no attention.
“The tape’s run out,” said Dr. Mark. “That looks promising. One moment; I’ll rewind it.”
There broke out the manic gibber of a reversed tape played at speed. This was followed by intervals punctuated with sharp dots of sound and another outburst of gibberish.
“Now,” said Dr. Mark.
And Caley Bridgeman’s voice, loud and pedantic, filled the tent.
“Ninox novaeseelandiae. Ruru. Commonly known as Morepork. Tenth January, 1977. Ten-twelve p.m. Beech bush. Parson’s Nose Range. Southern Alps. Regarded by the Maori people as a harbinger of death.”
A pause. The tape slipped quietly from one spool to the other.
“More-pork!”
Startling and clear as if the owl called from the ridgepole, the second note a minor step up from the first. Then a distant answer. The call and answer were repeated at irregular intervals and then ceased. The listeners waited for perhaps half a minute and then stirred.
“Very successful,” said Dr. Mark. “Lovely sound.”
“But are you sure? Darling, you swear you’re sure?”
It was Susan Bridgeman. They turned, startled, to look at her. She had got to her feet. Her teeth were closed over the knuckles of her right hand. “No!” she whispered. “No, no.”
Solomon Gosse lunged across the table, but the tape was out of his reach and his own voice mocked him.
“Of course I’m sure, my darling. It’s foolproof. He’ll go down with the b-b-b-bridge.”
A Telescript
Evil Liver
“Crown Court” was a popular British television series produced by Granada Television Limited. The program presented civil and criminal cases, with members of the audience chosen to act as the jury. Each script therefore gives brief alternate endings. Evil Liver was announced as “the first television play by distinguished crime thriller writer Dame Ngaio Marsh.” It was recorded at the Granada studios in Manchester on July 23, 1975, and broadcast exactly a month later. It lasted an hour and fifteen minutes, including commercial breaks. Among its cast were William Mervyn as the Judge, Jonathan Elsom as the Prosecution Counsel, William Simons as the Defense Counsel, David Waller as Major Ecclestone, and Joan Hickson as Miss Freebody. Joan Hickson would later become famous for her role as Miss Marple in the British series which was broadcast in the United States on the Public Broadcasting System program Mystery and on the Arts and Entertainment cable network.
Although in line with the format of “Crown Court” the script of Evil Liver does not state who was guilty, Ngaio Marsh included clues which, I believe, point toward her solution. At the end of the play, I’ll rejoin you to discuss the various possibilities.
We gratefully acknowledge Granada Television Limited for giving permission to print Evil Liver.
D. G. G.
Cast of Evil Liver:
Mr. Justice Campbell
The Prosecution Counsel, Marcus Golding, QC
The Defense Counsel, Martin O’Connor
Mary Freebody
Major Basil Ecclestone
Dr. Stephen Swale
Thomas Tidwell
Barbara Ecclestone
Dr. Ernest Smithson
Gwendoline Miggs
Wardress
Clerk of Court
Court Usher
Jury Foreman
Court Reporter
PART ONE
Court Reporter: The case you are about to see is fictional. But the jury is made up of members of the public, who will assess the evidence and deliver their own verdict at the end of the program.
(Major Ecclestone is called by the Prosecution Counsel. He takes the witness stand and takes the oath.)
Court Reporter: On March 28th of this year, Miss Mary Freebody’s cat was savaged and killed by Bang, an Alsatian dog belonging to her next-door neighbor, Major Basil Ecclestone. A week later, or the 4th April, meat ordered by the Ecclestones was delivered to the outside safe of their house. That evening Major Ecclestone took from the safe some liver for his dog. The dog ate a portion of the liver, was instantly thrown into violent convulsions, and died. The contents of its stomach were analyzed and found to contain a massive amount of cyanide-of-potassium. A tin of wasp exterminator containing a high proportion of cyanide was found in Miss Freebody’s shrubbery, half empty. The Major made to the police an accusation of attempted murder against Miss Freebody maintaining that she had had the intention of killing not only his dog but himself. A police investigation has led to her being charged, and she now stands trial at the Crown Court in Fulchester.
Golding: … Now Major, if you would just describe the events leading to the—the tragedy. You were away from your house, were you not, during the afternoon of April 4th?
Major: Club. Bridge. Every Friday. (He gestures at the accused) As was well-known to my neighbor.
Golding: Quite so. Your wife was at home, I think?
Major: Migraine. In her room.
Golding: Yes. And you returned — when?
Major: Six-thirty.
Golding: May we have the order of events from then on?
Major: I — ah — I had a drink. Listened to the wireless. Seven o’clock, I went to the safe and got the dog’s food.
Golding: Yes. The safe: where is it?
Major: In the outside wall by the back door. It’s a two-doored safe; you can open it inside from the pantry. The butcher uses the outside door. So could anyone else. (At the prisoner) It’s opposite her bathroom window and her side door. And her gate onto the right-of-way. And my gate onto the right-of-way. She could get to it in a matter of seconds.
Golding: Quite so. We shall come to that presently, Major. Did you use the inside door of the safe into the pantry when you got the dog’s liver?
Major: I did.
Golding: Major, can you describe the wrapping at all? Did you happen to notice it?
Major (Pauses. Looks at prisoner): Matter of fact I did. Two or three layers of the Daily Telegraph.
Golding: Good. So you removed the liver from the safe? And then?
Major: I unwrapped the liver, put it in the dog’s dish and took it out to the kennel.
Golding: The dog being tied up?
Major: Certainly.
Golding: And then?
Major: Put it in front of him.
Golding: How many pieces?
Major: Two.
All there was. Only gave him liver on Fridays. Other nights “Doggy Bits” or “Yaps.” Sunday, a bone.
Judge: What are “Doggy Bits” and “Yaps”?
Golding: I understand they are proprietary canine food, my lord.
(The Judge stares at the Major and then nods to Prosecution Counsel to continue.)
Golding: Yes, Major. So you put the dish before the dog. And?
Major: He swallowed part of one piece.
Golding: Yes.
Major: It happened at once. Frightful contortions. Convulsions. Agony. By Gad I’ve seen some terrible sights in my time, but never anything like that. And it was my dog, sir. It was Bang, my dog. My faithful old Bang. (He breaks down, blows his nose and belches. The Judge contemplates him stonily.)
Golding: A most painful experience and I am sorry to revive it. Mercifully it was soon over, was it not?
Major: Nothing merciful about it. (At the prisoner) A fiendish, cold-blooded murder, deliberately brought about by a filthy-minded, vindictive old cat.
Miss Freebody (standing): Cat! Cat! You dare to utter the word!
Major: I do so advisedly, madam. Cat. Cat is what I said and cat is what I meant…
Miss Freebody: Poor defenseless little thing. It was…
Judge: Silence. Silence. If there is any repetition of this grossly improper behavior I shall treat it as a contempt of court. (Turning to the Major) You understand me?
Major (mumbling): Great provocation. Regret—
Judge: What? Speak up,
Major: I apologize, my lord.
Judge: So I should hope. (He nods to Prosecution Counsel)
Golding: My lord. Major Ecclestone, I want you to tell His Lordship and the jury what happened after the death of the dog.
Major: My wife came down. At my suggestion, telephoned Dr. Swale.
Judge: Why not a veterinary surgeon?
Major: I’ve no opinion of the local vet.
Judge: I see.
Major: Besides, there was my wife.
Judge: Your wife, Major Ecclestone?
Major: She was upset, my lord. He gave her a pill. I had a drink.
Judge: I see. Yes, Mr. Golding.
Golding: Go on please, Major.
Major: Swale took away the remaining piece of liver to be analyzed and he also removed the—the body.
Golding: Was there any other event before or at about this time that seemed to you to have any bearing on the matter?
Major: Certainly.
Golding: Please tell the court what it was.
Major: That woman’s (The Judge looks at him) — The accused’s bathroom window overlooks my premises. It’s got a Venetian blind. She’s in the habit of spying on us through the slats. I distinctly saw them—the slats, I mean — open in one place.
Golding: When did you see this?
Major: Immediately after Swale left. She’d watched the whole performance. And gloated over it.
Judge: You are here to relate what you observed, Major, not what you may have conjectured.
Golding: Had anything occurred in the past to make bad blood between you and the defendant?
Major: Yes.
Golding: What was it?
Major: A cat
Judge: What?
Major: She had a cat, my lord. A mangy brute of a thing—
Miss Freebody: Lies! Lies! It was a beautiful little cat. (The Wardress quells her.)
Golding (coughs): Never mind what sort of cat it was. Yes, Major?
Major: About a week earlier it strayed into my garden at night. Not for the first time. Always doin’ it. Yowlin’ and diggin’. Drove my dog frantic. Naturally he broke his tether. Tore it away with a piece of the kennel.
Golding: And then?
Major: Ask yourself.
Golding: But I’m asking you, you know.
Major: Made short work of the poor pussy. (He laughs shortly.)
Miss Freebody: Brute!
Judge: Miss Freebody, you must be silent.
Miss Freebody: Pah!
Judge: Mr. O’Connor, will you speak to your client? Explain.
O’Connor: Certainly, my lord. (He turns and speaks to the accused who stares over his head, biting her lip.)
Golding: What were the results of the cat’s demise?
Major: She kicked up a dust.
Golding: In what way?
Major: Waylaid my wife. Went to the police. Wrote letters. Threatened to do me in.
Golding: Did you keep any of these letters?
Major: Last one. Burnt the others. About five of them.
Golding: May he be shown Exhibit Two?
(The letter is produced, identified, circulated to the Judge, to Counsel and to the jury.)
Golding: Is that the letter which you retained?
Major: Yes.
Golding: It reads, members of the jury: “This is my final warning. Unless your brute is destroyed within the next three days, I shall take steps to insure that justice is done not only upon it but upon yourself. Neither you nor it is fit to live. Take warning. M. E. Freebody.” (To Major) You received this letter—when?
Major: First of April.
(Laughter)
Usher: Silence in court.
Golding: Did you answer it?
Major: Good God, no. Nor any of the others.
Judge: Why did you keep it, Major?
Major: Thought of showing it to my lawyer. Decided to ignore it.
Golding (quoting): “I shall take steps to see that justice is done not only upon it but upon yourself.” Can you describe the nature of the letters you had received before this one?
Major: Certainly. Same thing. Threats.
Golding: To you personally?
Major: Saying that my dog ought to die and if I didn’t act smartly we both would.
Golding: And it was after the death of the dog and in consideration of all these circumstances, Major, that you decided to go to the police?
Major: Precisely. Decided she meant business and that I was at risk personally. My wife urged me to act.
Golding: Thank you, Major Ecclestone. (Golding sits down. Defense Counsel rises.)
O’Connor: Major Ecclestone, would you describe yourself as a hot-tempered man?
Major: I would not.
O’Connor: As an even-tempered man?
Major: I consider myself to be a reasonable man, sir.
O’Connor: I said “even-tempered,” Major.
Major: Yes.
O’Connor: You get on well with your neighbors and tradesmen, for instance? Do you?
Major: Depends on the neighbors and tradesmen. Ha!
O’Connor: Major Ecclestone, during the five years you have lived in Peascale you have quarreled violently with your landlord, your late doctor, the secretary of your club, your postman and your butcher, have you not?
Major: I have not “quarreled violently” with anyone. Where I encounter stupidity, negligence and damned impertinence I made known my objections. That is all.
O’Connor: To the tune of threatening the postman with a horsewhip and the butcher’s boy with your Alsatian dog?
Major: I refuse to stand here and listen to all this nonsense. (He pulls himself up, looks at his watch, takes a small container from his overcoat pocket, extracts a capsule and puts it in his mouth.)
Judge: What is all this? Are you eating something, Major Ecclestone?
Major: I suffer from duodenal ulcers, my lord. I have taken a capsule.
Judge (after a pause): Very well. (He nods to Defense Counsel.)
O’Connor: Major Ecclestone, was the liver the only thing in the safe that evening?
Major: No, it wasn’t. There was stuff for a mixed grill on Thursday. Chops, kidneys, sausages. That sort of thing.
O’Connor: And these had been delivered with the dog’s meat that afternoon?
Major: Yes.
O’Connor: Did you have your mixed grill?
Major: No fear! Chucked it out. Destroyed it. Great mista
ke, as I now realize. Poisoned like the other. Not a doubt of it. Intended for me.
O’Connor: And what about Mrs. Ecclestone?
Major: Vegetarian.
O’Connor: I see. Can I have a list of complaints, please? (Solicitor gives him a paper.) Major Ecclestone, is it true that, apart from my client, there have been five other complaints about the character and behavior of your dog?
Major: The dog was perfectly docile. Unless provoked. They bated him.
O’Connor: And is it not the case that you have received two warnings from the police to keep the dog under proper control?
Major: Bah!
O’Connor: I beg your pardon.
Major: Balderdash!
O’Connor: You are on oath, Major Ecclestone. Have you received two such warnings from the police?
Major (pause): Yes. (Nods.)
O’Connor: Thank you. (He sits down)
(Dr. Swale is called to the stand. Prosecution Counsel rises.)
Golding: Dr. Swale, you were called into The Elms on the evening of 4th April, were you not?
Swale: Yes. Mrs. Ecclestone rang me up and sounded so upset I went round.
Golding: What did you find when you got there?
Swale: Major Ecclestone was in the yard near the dog kennel with the Alsatian’s body lying at his feet.
Golding: And Mrs. Ecclestone?
Swale: She was standing nearby. She suffers from migraine and this business with the dog hadn’t done anything to help her. I took her back to her room, looked at her and gave her one of the Sternetil tablets I’d prescribed,
Golding: And then?
Swale: I went down to the Major.
Golding: Yes?
Swale: He, of course, realized the dog had been poisoned and he asked me, as a personal favor, to get an analysis of what was left of the liver the dog had been eating and of the contents of the dog’s stomach. I arranged this with the pathology department of the general hospital.
Golding: Ah yes. We’ve heard evidence of that. Massive quantities of potassium cyanide were found.
Swale: Yes.
Golding: Did you, subsequently, discuss with Major Ecclestone the possible source of this cyanide?
Swale: Yes.
Golding: Dr. Swale, were you shown any letters by Major Ecclestone?
Swale: Yes. From the defendant.
