Don Gutteridge - Desperate Acts

“But none of ‘em will swear it was Brodiethey saw,” Cobb suggested.

“True. But Brodie’s own statement appears toconfirm the sequence of events in these witness-accounts, exceptthat Brodie conveniently omits reference to the clubbing thatfollowed the punch.”

“Jesus,” Cobb hissed. “It’s worse’n Ithought. I wish I’d never gone up there. If only one of them’d seenBrodie throw his punch an’ skedaddle – ”

“Perhaps one of them did, and isn’t saying,for obvious reasons. And you had no choice in the matter, did you?”Marc smiled. “You’ve become a first-class interrogator, and I’mproud of you.”

“Fat lot of good it’s done,” Cobb said,trying not to be too pleased with the compliment.

“You’ve done your job, Cobb, now it’sup to me to do mine.”

“But you can’t go to Thorpe in the mornin’an’ claim them Shake-spear-carriers all had good reason towant to kill a fella they didn’t know the name of till lastnight.”

“True. Until we can prove they had amotive, like ruthless and continuing blackmail, I can’t even hintat such a possibility.”

“But even with all the statements jibin’, youfigure it has to be one of them?”

“Certainly. Dutton could have heard theargument if he had decided to go back there, then hung about longenough to figure out who Duggan was, and made his move.”

Cobb grinned. He too had thought of that.

“Similarly, Fullarton admits he heard theexchange down there. If he deduced Duggan’s identity and role, allhe had to do was step into the shadows and wait for his chance.Likewise, Crenshaw could have seen Brodie crouched over Duggan and,instead of leaving, he goes out to help. But Brodie has alreadystarted to run. It’s also possible, Cobb, that Duggan came to – forCrenshaw or any of the others – and stupidly assumed he’d beendiscovered by another one of his victims. A quick exchange ofviews, a threat perhaps, and a deadly response with a handy weapon.You see, even Shuttleworth could have come across Duggan in thismanner.”

Cobb was impressed. “What about Budge?”

“Well, he was the only person who could haveseen and heard everything. In his cellar, I’ll bet he could hearthe club members exiting down the stairs right over his head. He’dknow when the coast was clear. Moreover, as we surmised fromDuggan’s list, Budge was likely a recent target and may havealready guessed who his blackmailer was.”

“An’ he had a handy exit to boot.”

“But, as you say, I can’t propose thesepossibilities without a demonstrable motive. And if we were to bewrong, even about one of those men whose initials appear onDuggan’s list, the consequences of a false accusation would becruel and unjust.”

“But Budge’s got his own separate motive,ain’t he – besides the blackmail? Duggan insulted one of hisbarmaids.”

“Right. And Budge may be all I’ve got todefend Brodie with in the morning.”

At the door, Cobb said, “You wouldn’t believewhat that barren-ette fella did.”

“Lampooned your Roman nose?”

“Tried to make an ass outta me.”

Cobb told Marc about Sir Peregrine’s requestthat he join the acting troupe and read for the part of Bottom theweaver.

Marc chuckled, despite his weariness. “Andwhat did you tell him?”

“Whadda you think?” Cobb grinned.

***

It was a sober group who met in James Thorpe’schamber at ten o’clock Friday morning. Cobb’s “notes” had beentransferred to paper by Gussie French and delivered to themagistrate by nine. Thorpe and Alf McGonigle, a crown attorneyinvolved in the current assizes, perused them carefully and,because the Attorney-General himself was in the building, had beenable to confer with him just before ten. When they got back fromhis office, they found Sturges, Cobb, Marc and Brodie alreadyseated – awaiting the verdict. Except for McGonigle, everyone inthe room knew everyone else.

With nothing more than a nod of greeting tothose sitting opposite him, Thorpe began: “Alf and I have gone overthese witness-statements recorded by Constable Cobb, and matchedthem scrupulously with Mr. Langford’s own sworn account of eventsin the alley behind The Sailor’s Arms. We have also conferred withthe Attorney-General. And unless there is material evidenceforthcoming that would contradict these testaments, the Crown willlay a charge of murder – cold-blooded, brutal murder – uponBroderick Langford.”

Brodie flinched but made no other response.Marc had had fifteen minutes to prepare the lad for thiseventuality.

“We haven’t found anything further,” Sturgessaid.

“But there is one other possibility in thiscase,” Marc said, and he was sure he saw relief in Thorpe’s face.McGonigle remained impassive.

Marc then broached the plausible theory thatTobias Budge, known to have a temper and known to have had a publiccontretemps with Duggan, took advantage of a situation he was in aperfect position to observe and assess: by killing Duggan andletting Brodie take the blame.

“But according to the constable’s report,Budge denies ever entering the alley,” Thorpe said reasonably.

“That is true, sir,” Marc said. “All I’msuggesting is that such a possibility deserves furtherinvestigation and that, pending such an investigation, Mr. Langfordshould be released under habeas corpus. He can always bere-detained later.”

“You’re suggesting that a mere dust-up in apub, a near-daily occurrence in a place like The Sailor’s Arms, isa more powerful motive than attempted blackmail?” McGonigle said.“A motive freely admitted by Mr. Langford?”

“Given Budge’s temperament and – ”

“I’m sorry, Marc,” Thorpe said. “It’s notenough. I’m ruling that Mr. Langford be bound over for trial.”

Into the silence that ensued, Marc said, “Butthe fall docket is full. Are you ruling that Brodie be keptincarcerated until the spring assizes?”

Thorpe cleared his throat. “Not quite. I justlearned upstairs that the defendant in a manslaughter trial slatedfor November the eighth has died of his injuries. We are willing totake the Langford case to court at that time.”

“But that’s only two weeks away,” Marc said.“Hardly enough time for me to prepare a defense.”

“It’s either then or the spring.”

“With the prisoner released on bail-bonduntil that time?”

“The Attorney-General has suggested afive-thousand-dollar bond – and confinement to Mr. Langford’s houseand grounds.”

Marc sighed, trying desperately to keep thepoker face of a good barrister.

“These are more than reasonable terms,”McGonigle pointed out. “What does the accused think?”

Marc knew perfectly well what Brodie wasthinking. Five months under virtual house-arrest would mean anirreparable interruption in his career at the Commercial Bank underHorace Fullarton. Moreover, Brodie would feel obligated to breakoff his relationship with Diana Ramsay, whatever she herself mightfeel. Finally, those five months would give the rumour-mill time torework the scandals that had plagued Brodie’s guardian here andback in New York. The Langford name would be indelibly stained: heand Celia would have to pull up stakes yet again – assuming ofcourse that he was, even then, acquitted. Over against all this wasthe possibility that with five months at their disposal they couldconceivably track down Nestor and discover the real murderer. ButMarc did not get to put this countervailing argument to hisclient.

“I’ll take my chances in November,” Brodiesaid to McGonigle, but he was looking at Marc.

***

Outside, in the cool sunshine, Sturges and Cobbwalked slowly away from the Court House.

“You know what this means?” Sturges said.