The Black Mountains

by Janet Tanner

  “Not incapable. He has never denied hitting Rupert Thorne. But he wouldn’t have done it without a good reason.”

  “But we have heard it suggested that the reason was that he was insanely jealous—that Rupert Thorne had stolen his lady friend.”

  “That’s not true,” Rosa said quietly. “ He was in love with her, yes, and he’s in love with her now. That’s why the full story has been kept from this court. You see, she was in love with him, too. And it wasn’t jealousy that drove Ted to see Rupert Thorne that day. It was anger for what Thorne did to her.”

  A murmur began to ripple around the court, but it was quickly silenced as Ted leaped to his feet, leaning forward over the dock.

  “No, Rosa! Don’t you dare! Keep quiet, do you hear?”

  In almost the same instant, the prosecuting counsel realized something was very amiss, and he too rose in haste.

  “Objection! Objection, your honour! This witness is trying to muddy the waters. Her evidence is not admissable. How can she possibly know …”

  “Just a moment, Mr Scales,” the judge had woken up now, leaning forward to peer at the court, his eyes beady with anticipation. “Just a moment. I think I would like to hear what this witness has to say. I’ve felt throughout the case that something has been kept back. Proceed, Mr Walker.”

  Winston Walker cast an agonized look towards the Hall family. “Your honour …” he began.

  “Proceed, Mr Walker, if you please! You have put the young lady into the witness box. I want to hear what she has to say.”

  “No!” Ted cried again. The judge turned to silence him.

  “Any more interruptions from you, Hall, and you’ll be answering an additional charge of contempt of court. Now proceed, please, Mr Walker.”

  Winston gesticulated helplessly, searching for words, but Rosa did not wait for him.

  “There’s no need for him to question me. I’ll tell you what I’m here to tell you, and why it’s me that’s got to do it. It’s because Ted Hall is too much of a gentleman to tell the truth, and he’s told his family he’ll break their necks if they do. But he’s got no such hold over me, and I won’t stand by and see you send him to prison when he did what any decent man would have done, given the circumstances.”

  “Circumstances?” the judge roared. “What circumstances?”

  Rosa swallowed once, keeping her eyes straight ahead of her.

  “Rupert Thorne killed Becky Church. He gave her something to get rid of his baby, and it killed her,” she blurted.

  At her words, the court erupted. Above the gasps and the cries, the prosecuting counsel’s voice rose shrilly. “Objection, your honour! Objection!”

  “Order! The court will come to order!” The gavel banged and slowly the hubbub became a murmur gradually subsiding into shocked silence.

  “Mr Walker, does your witness realize what she is saying?” The judge was leaning forward now. “These are very serious charges …”

  “Your honour …” Winston Walker turned anguished eyes on the small figure in the witness box.

  “It’s true!” Rosa burst out again, as if realizing the forces of law were marshalling themselves to silence her. “ I saw Rebecca Church just a few days before she died. She was in a terrible way—she would be. Her people were religious maniacs …”

  “Objection! Objection! This has nothing whatever to do with the case …”

  “I think you may safely leave me to be the judge of that,” Mr Justice Haybum retorted. “ I have already said I feel that there is more to this case than meets the eye, and I would like to hear what this young lady has to say.” He turned to Rosa. “ Proceed!”

  Rosa hesitated. She had caught sight of Ted’s white face, and it had horrified her. “There’s nothing more to say, really, except that Ted—Mr Hall—was a prisoner of war when it happened, and it’s only now he’s found out about it. You can’t blame him for doing what he did. It was just his bad luck that Rupert Thorne had this … this funny gland thing. And I thought you ought to know!”

  “How do you know all this, Miss … ah … Clements?” the judge asked.

  “Jack told me. But they won’t say because …”

  “You mean it’s hearsay.”

  She looked at him, puzzled.

  “Hearsay evidence, Miss Clements, means that you are repeating something you have been told, rather than something you knew from your own experience. I cannot allow that, I am afraid.”

  “But …”

  “It’s a matter, of course, which the police may wish to investigate further. But for the present … do you have any further questions to put to this witness, Mr Walker?”

  “No, your honour.”

  “Mr Scales?”

  The prosecuting counsel was on his feet in an instant. “ I most certainly have, your honour. This story, I am sure, is entirely without foundation, a slur on the memory of a fine young man. It would be entertaining if it were not so wickedly scandalous. And how this witness can possibly ask the court to accept her story is beyond me. She speaks of matters of which she can know nothing. First, she accuses the deceased of giving an unfortunate girl a child, then, blithely, she talks of ‘ something to get rid of it.’ As an innocent young girl, have you the slightest idea of what that might mean, Miss Clements?”

  “Well, of course, I have!” Rosa scoffed. “It’s some concoction mixed up by a quack, herbs and things.”

  “And you know of places where you can get such things?”

  “No, but I could find out easily enough if I had a mind to.”

  “But you don’t know yourself.”

  “No, but …”

  “Thank you, Miss Clements, that’s good enough for me, and for this court, too, I suspect. Now, supposing we turn our attention to the scandalous slurs you have made on the deceased, Mr Thorne. To all who knew him, he was highly respectable, a man of fine qualities, I suggest that you are taking advantage of the fact that he is dead and no longer able to defend himself to imply all manner of things you cannot possibly prove.”

  “I’d say the same if I were face to face with him. But that’s not likely, is it? If he weren’t dead, we wouldn’t be here.”

  “The point Mr Scales is making, Miss Clements, if I am not mistaken, is that what you are saying is completely unsubstantiated speculation. Not one member of the family of the accused has even hinted that Mr Thorne was in any way connected with the unfortunate girl’s death—or, in fact, that she died anything but naturally. As for the slurs on Mr Thorne’s character, I take it they too are hearsay. You did not know him personally, did you?”

  Rosa swallowed. Her chin came up and she looked at him defiantly.

  “You’re wrong, sir. I knew him only too well.”

  The judge’s jaw dropped visibly. “ You did? How?”

  There was just the slightest hesitation as Rosa composed herself. But when she spoke, her voice was quite level. “I worked in Bristol during the war—on the trams. Mr Thorne’s office was on my route. I met him then. He asked me to have dinner with him. I was very flattered, and I accepted. Afterwards, I regretted it. He wasn’t a very nice man to know. He could be very persuasive. And he told me that if anything went wrong, there were ways and means of putting them right again.”

  The judge, who must have heard plenty of similar—and worse—facts outlined during his career, managed to look suitably shocked.

  “You are saying, Miss Clements, that the deceased actually tried to seduce you by offering you the means to … ah …”

  “Get rid of a baby if I got one. Yes. That’s why I wasn’t surprised when I heard what he’d done to Rebecca Church. I knew such things could be dangerous. She wouldn’t. She was too innocent.”

  “But why have you not said this before?”

  “I wasn’t very proud of myself. I didn’t want to admit to having known Mr Thorne as well as I did. But I don’t want to see Ted Hall go to gaol for something any man would have done in the circumstances. I happen to think it’
s important that the truth should come out. Much more important than my reputation.” And in spite of lengthy cross-examination, Rosa remained adamant. She had known Rupert Thorne, and he was an out-and-out bounder. Nothing could move her on that point.

  Finally, the judge put an end to the examination. “Mr Scales, have you any more questions of this witness?”

  “None, Your honour.”

  “Mr Walker?”

  “None.”

  Rosa left the witness box.

  “Mr Walker, I presume you intend to put your client into the witness box,” Mr Justice Hayburn said when she had reached her seat, and then it was Ted’s turn.

  Ted was clearly shaken by Rosa’s evidence and stood facing Winston Walker with eyes that were full of reproach. But there was nothing the barrister could do now but question him about the background to his assault on Rupert Thorne, and nothing Ted could do but admit it.

  In a low voice, he told the court how he had come to hear of the reasons for Rebecca’s death.

  “I was wrong to take the law into my own hands, I suppose, but I’d do the same again,” he said quietly. “ To do that to her, and then threaten to tell people she’d asked for it—Becky, my Becky …” His voice cracked, and his fists clenched on the wooden surround of the witness box. Winston Walker, although he, too, was shaken by Rosa’s disclosures, knew that he had gained the sympathy of most people in court.

  After the closing speeches Mr Justice Hayburn had his turn. “This is,” he said, peering over his spectacles at the jury, “ a very good illustration of the variety that can be found in cases of manslaughter—more varied, in all probability, than any other crime known to law. In some cases manslaughter is tantamount to murder, in others it can be almost accident. But in the case now before this court, you, the jury, have two questions to answer. The first—was the blow struck by the defendant an unlawful blow? The second—did it cause the death of the deceased? On this point you must take into account the excellent medical evidence which has been placed before you. If, after consideration, you decide that the answer to both these questions is ‘yes’, then the defendant is technically guilty of manslaughter, and it is your duty to find him so.

  “You may be feeling, with justification, a certain amount of sympathy for the accused, but you must not let this sway you in reaching a fair verdict. Rather, you must trust in me to exercise the discretion vested in me as regards punishment. This is a matter which is entirely within my discretion, and you must trust me to exercise it.”

  Jack glanced at Rosa, sitting expressionlessly in her place. Her evidence was Ted’s only hope now, and though he doubted his brother would thank her for it, he himself was more than grateful for what she had done.

  Although the jury were out for only an hour, it seemed like a lifetime. And when they returned, and Mr Justice Hayburn took his place again, Jack found himself searching their faces for a clue as to their decision. There was none. With the rest of the hushed court, he could do nothing but wait for their verdict.

  The foreman rose, and the clerk of the court asked him if they had agreed.

  “Yes, we ’ave.” His voice seemed to echo around the four walls.

  “Do you find the defendant, Edward Hall, guilty or not guilty?”

  “Guilty.”

  Their breath came out as one so that the whole court seemed to have sighed. Jack looked from Ted’s white face to Charlotte’s impassive one, on to Amy, who was taking no trouble to hide her emotion, and Rosa, who was staring straight ahead, as if she had removed herself from the court and all the proceedings.

  “Edward Hall.” Mr Justice Hayburn turned towards him, his gimlet eyes looking more like black beads than ever. “You have been found guilty, quite rightly in my opinion, of the manslaughter of Rupert Thorne. There are, however, certain mitigating circumstances in this case, and I am prepared to take these into account. You were, I believe, provoked and pushed beyond the limits of your endurance, and when you struck the deceased, I do not believe it was your intention to do him any lasting harm.

  “You should not, of course, have struck him. We cannot have people like you taking the law into their own hands. But in passing sentence I have taken into account your previous good character, your war record, and the fact that you have already served several months’ imprisonment for what you did. I intend, therefore, to bind you over for a period of twelve months on condition that you are of good behaviour and commit no further breaches of the peace. I trust you will not behave in such a rash and foolish way again.”

  Ted stared at him, as if unable to take in what he had said.

  “You mean—I can go home?”

  “Yes.”

  “Court will rise.” That was the clerk, and as the judge and his entourage left, hubbub broke out Ted, coming down from the dock, was surrounded, and half-laughing, half-crying, the family took him in their arms.

  Only Rosa stood alone, and seeing her, Jack left the others and crossed to her.

  “Thank you, Rosa,” he said quietly. “If you hadn’t said what you did …”

  She shrugged her slight shoulders. “ I did what I could.”

  “But I thought you said you didn’t know Rupert Thorne?”

  She glanced around her, as if afraid she might be overheard. Then she smiled faintly. “I didn’t.”

  “You didn’t? But you said …”

  “It was only the truth, wasn’t it? But nobody was going to believe me. So I just added to it a bit.”

  “On oath! Rosa, for goodness sake!”

  “It worked, didn’t it? Ted’s free—and so he should be. And it was time the truth came out. There’s too much covering things up for fear of what folk will think or say. It isn’t good.”

  “Oh, Rosa!”

  “Jack, come on! Mr Walker’s waiting,” Charlotte called.

  He put his hand under Rosa’s elbow.

  “You come, too. There’ll be some kind of a celebration.”

  She shook her head. “No. I know where I’m not wanted.”

  “But after what you’ve done …”

  “You’re a fool, Jack,” she said, smiling sadly. “After what I’ve done, they hate me more than ever.”

  “Oh no, they’ll want to thank you …”

  “Jack!” Charlotte said again, and there was no mistaking the icy aggression in her tone.

  Rosa turned, sliding her elbow from his grasp and walking towards the door. She did not look at the Hall family as she passed them, and although their eyes, as of one accord followed her, none of them made any move towards her.

  Then, head held high, she passed through the swing doors and out of sight.

  “HE SHOULD never have let her go in the witness box. He should never have let her!” Ted said vehemently.

  It was the next day. The family were gathered in the kitchen, and naturally the only topic of conversation was the trial, and its dramatic ending, but all those present seemed to be looking at what had happened from different points of view.

  “Winston Walker was only doing what he thought best,” Amy said. “ I think he’s a wonderful man, and you should be jolly grateful to him for getting you off.”

  “I’ve no doubt you’ll show him how grateful we are,” Ted snapped, referring to the way Amy seemed to have forgotten Arthur Packer since she had clapped eyes on Winston Walker. “ He’s far too old for you, and the way you were flirting was downright disgusting.”

  “Well, I like that!” Amy pouted. “ You get yourself found guilty of manslaughter, and you have the nerve to accuse me of being disgusting! That’s a funny set of values, I must say!”

  “For the Lord’s sake, stop it you two,” Charlotte intervened. “Amy’s right, Ted, you should be very grateful to Mr Walker.”

  “I told him I wouldn’t have it brought out,” Ted said stubbornly. “I told him I wanted Becky protected whatever the cost. Now it’s been blown up into a proper scandal, thanks to Rosa Clements.”

  “But it had to come out, Ted,”
Jack said reasonably. “Can’t you see, you’d be in gaol now if it hadn’t been for her bringing out the truth.”

  “I’d have rather that than have Becky’s good name dragged through the mud,” Ted replied, lighting a Gold Flake. “ You all knew how I felt about it. So why did Winston Walker give her the chance to let it all out?”

  Charlotte turned away impatiently, reaching for her hat to go out to the shops.

  “Jack’s right, Ted. It’ll all be a nine days wonder, and it can’t hurt Becky now. I just wish I’d had the courage to stand up and say it myself, instead of leaving it to the likes of her.”

  “She doesn’t care about anything, does she?” Amy put in. “Fancy, in front of all those people, admitting … well!” She broke off, giggling and biting her lip.

  “Like her mother, if you ask me,” Charlotte said shortly. “ I hope you can see her now for what she is, Jack, a common little hussy.”

  For a moment there was a complete hush in the kitchen, for the sight of Jack’s face silenced them all, and as he got to his feet they shrank before the fury of his gaze.

  “I don’t think you realize, any of you, what that ‘little hussy,’ as Mam calls her, did for our Ted. Well, it’s about time you did. It wasn’t just that she had the courage to stand up and tell the truth—and believe me, in a place like that to call it ‘courage’ is an understatement. No, it went much further than that.”

  “What do you mean, Jack?” Charlotte asked.

  “You really don’t know, do you, Mam?” Jack’s eyes held hers, then moved slowly to Ted. “And nor do you, though you bloody well ought to. She perjured herself for you, Ted. Before God and the law, she perjured herself.”

  “What?” Charlotte said sharply, and Jack turned back to her.

  “She didn’t know Rupert Thorne, Mam. She never had. But she knew the only way to make her evidence of any importance was to say she did. That’s how much she cared about getting our Ted off. And all you lot can do is run her into the ground!”

  The silence seemed timeless. Into it the clock ticked and the fire crackled, but none of them noticed.

  “Dear Lord,” Charlotte said at last.