Страница 40 из 43
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.)
O’Co
Judge (smiling): Briefly, Mr. O’Co
O’Co
(Defense 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’Co
O’Co
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 admissable.
O’Co
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 i
O’Co
Dr. Smithson: Yes.
O’Co
Dr. Smithson: I am.
O’Co
Dr. Smithson: Yes. I found he had died of cyanide poisoning.
O’Co
Dr. Smithson: Yes. I found it myself in his pocket. It was a bottle of Duogastacone which contained capsules of potassium cyanide.
O’Co
Dr. Smithson: Yes.
O’Co
Dr. Smithson: It would be possible, yes.
O’Co
Dr. Smithson: In the form of powder.
O’Co
Dr. Smithson: If the prescribed powder was the same color, 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’Co
Dr. Smithson: Before they had begun to disintegrate, I would prefer to say.
O’Co
Dr. Smithson: I have been so informed, yes.
O’Co