Don Gutteridge - Desperate Acts

“Me and the Chief are sure to be on theCrown’s list, too.”

“I know. They’ll use you two to verify thecircumstances and substance of Brodie’s foolish confession, whichwill be read into evidence to further substantiate the eye-witnessaccounts. So this must be the last conversation you and I haveuntil after you testify, probably on Thursday. I don’t want you orthe case compromised.”

“That’s what I figured. The Thursday nightrehearsal’s been cancelled on account of most of the play-actorslikely havin’ to be in the witness-room all day Thursday. But we’resupposed to get back at it Saturd’y. Do I haveta keep goin’?”

“I’d like you to, at least on Saturday. Mydefense won’t start until Monday because Justice Powell will beaway on Friday afternoon for a special meeting at Government Houseand then out of town on the weekend. I need to have our suspects atOakwood relaxed and unsuspicious before I begin.”

Cobb’s eyes widened. “What’re you plannin’ todo?”

“When the eye-witnesses appear for the Crown,I’ll cross-examine them in routine fashion, with respect andpoliteness. I’ll then ask the judge for permission to recall themlater.”

“Durin’ yer defense?”

“Exactly. So, if Dutton and Fullarton are notcalled by the Crown, I’ll still be able to present them as mycharacter-witnesses. They too will step into the witness-boxunaware of what is going to hit them broadside.”

“What the hell are you plannin’?”

“As soon as the witness is relaxed enough,I’m going to say, in as abrupt and intimidating a manner as I canmuster, ‘Is it not true, sir, that, like Mr. Langford, you too werebeing blackmailed every week by Albert Duggan?’ And I’ll name theday of the week and the amount here to show them how much detail Ialready know about the arrangements.”

Cobb was slack-jawed. “You might surprise‘em, major, but they’ll deny it, won’t they?”

“I’m sure they’ll try to. But I’ll press themhard: ‘Are you denying under oath that on X-evening you took abundle of X-pound notes, wrapped in brown paper, to a spot in towndesignated by the blackmailer?’ Then I’ll stare the fellow right inthe face with a knowing look in my eye and say, ‘In order to keepfrom public exposure a secret so embarrassing to you and yourfamily that you would willingly pay and pay and pay!’”

“Christ! You’re scarin’ me !”

Marc had actually begun to add gestures andvolume to his mock performance. “Sorry about that,” he saidquickly. “But if I’m going to shake the real killer up right thereon the stand, I’ve got to be cruel and unrelenting.”

“You expect to get a confession in thecourt?”

“That’s my real hope. Our killer is not aseasoned criminal, just an ordinary citizen driven to desperation.I could well break him in the witness-box.”

“And if ya don’t?”

“Then I’ll have thrown out to the jury asmany as three alternative versions of the crime.”

“You’re gonna out an’ out accuse them?”

“I am. As they sputter their denials, I’llsay, ‘Is it not conceivable that you had the perfect opportunity tokill blackmailer Duggan?’ And I’ll quickly sketch out exactly howthat particular witness could have done so – using their ownearlier testimony and the scenarios that you and I have alreadyhypothesized.”

“But you’re bound to be inter-ruptured by the judge. What if he stops you early on an’ asks if you got anyproof of them bein’ blackmailed?”

“I expect he will. And I’ll produce theenvelope with the list on it, the one we found in Duggan’sroom.”

Cobb paled. “But I was there when wefound it. I shoulda taken the envelope to Sturges as evidence.”

“Why? First of all, it was me who guessed atits possible significance. It looked like hen-scratching to you,remember. And it was evidence of blackmailing, not murder. Brodieadmitted in his confession to being blackmailed by Duggan, so thelist itself was superfluous to the case against him. ”

“But you could be accused of hidin’ it feryer own benefit.”

Marc smiled. “It’s all right, old friend. Idid keep my promise to Wilf. I showed him the envelope, told himwhere we found it, and suggested it might be the blackmailer’srecord of his activities. He shrugged and said he was under ordersnot to investigate further, and certainly was not keen to pokeneedlessly about in the private lives of any worthies who might bementioned there.”

“Even if it meant helpin’ to find the realkiller?”

“Wilf believes Brodie is innocent but,remember, he’s not a lawyer. With no sanction to keep oninvestigating, he really didn’t see how a vague and ambiguous listof initials and figures could be useful. And at that time I wasn’tsure myself what we could make of it.”

“Jesus, major, I’d sure like you on my sidein any courtroom.” Cobb hesitated, then added, “But once you trythis sideways attack on the first witness, McGonigle’ll be readyfor the next one, if ya try it again, won’t he?”

“Probably. And if the trial spills over tothe next Tuesday, word about my tactics will leak out to thewitnesses as well. But that’ll give them time to stew and worry,eh? They’ll suspect that I know their secret, and that it couldspill out at any moment during my interrogation.”

“But you ain’t gonna do no spillin’, areya?”

“Don’t worry. I’d never put you in a positionwhere you’d be vulnerable. You’ve done me and Brodie yeoman’sservice already, and taken considerable risk, seeing that you havebeen warned off investigating the crime. But I had to know withreasonable certainty that blackmail was actually being carried outon our suspects. Otherwise my stratagem would be indefensiblycruel, and ineffective as well.”

“So you’re gonna do all this accusin’ withoutany of the secrets leakin’ out?”

“I am. There’s no need to do so, as I seethings now.”

Cobb looked very much relieved. “But we ain’tgot the goods on Budge or Dutton yet,” he pointed out.

“True. Though we’ve still got five daysbefore my defense begins. If we don’t succeed by then, I’ll use thealtercation between Budge and Duggan in the taproom of The Sailor’sArms as a pretext to develop an alternative theory of the crimeinvolving the barkeep. I’ll leave Dutton till last anyway, as he isthe least likely suspect, given the tight time-frame of that fatalevening.”

“Still, the judge could find that list just awhole lot of spectacle-atin’. ”

“I’ll argue that it’s substantial enough towarrant at least my asking them if they were beingblackmailed.” Marc smiled grimly. “He may order me to do it morepolitely, mind you. But if I can make it through the first suspect,I’ll have shown him that the sequence of events in the cloakroomand the alley does put the eye-witnesses in the picture aspotential killers. That should be enough to warrant my continuing -politely.”

Cobb, who had found that his buttocks hadcrept almost over the edge of his chair, sat back with anall-purpose sigh. “Who are you plannin’ to torture first? Yourealize, don’t ya, you’re gonna be floggin’ an’ humble-izin’ some pretty important people? An’ only one of ‘em c’n be guilty ofmurder. Ain’t that dangerous, an’ lowdown to boot?”

It was Marc’s turn to sigh. “I know it’sharsh and certainly unjust, but it’s the only defense I’ve got,short of exposing the real murderer. I need to throw enough doubton Brodie’s guilt to have him acquitted or have the jurydeadlocked. What I intend to do between now and next Monday isdecide on which of the five suspects is most likely the culprit,and call him first. If I can break him or even have him appearequally culpable, I may not have to embarrass the others. And I’llcertainly feel about an inch tall if I have to ask Horace Fullartonfor a character reference for Brodie, then turn on him like a madhyena.”