Don Gutteridge - Desperate Acts

“Slow down an’ eat a little,” Beth said.“You’re so excited you’ll be burnt down to the wick by Mondaymornin’.”

“Of course I’m excited. My tactics willstrike that courtroom like a thunderclap! I now have the proofs Ineed to justify unleashing my alternative-theory defense. I’ll beable to ask Sir Peregrine and the others point blank whether theywere being blackmailed. If they lie or evade, I’ll threaten themwith proofs and a witness to substantiate them. Then I’ll lay outexactly how each of them had the means and opportunity to ridhimself of a ruthless extortionist. Thornton will howl, but whenthe judge sees Nestor’s affidavit and Duggan’s target-list, he’llhave no choice but to allow me to proceed.”

“You aren’t gonna reveal them secrets, areyou?”

“I don’t see why I’ll need to. However, theywill have to appear in Nestor’s statement, at least those he hasindependent knowledge of.”

“He don’t know about Budge and Etta, does he?But I wouldn’t want the world knowin’ about Diana’s baby or poorHorace Fullarton.”

“I don’t either. Jurors are sworn to secrecy,of course. Even so, I may not, if I’m persuasive enough, have toenter Nestor’s affidavit as evidence, and I’m certainly hoping I’llnot have to put him on the stand. My hope is to be able to use hisstatement to persuade the judge to let me question the ‘possibles’vigorously, and suggest that one of them was just as likely to havecommitted the crime.”

“I see. An’ have you told Nestor you’re gonnamake his talk with you into an affidavit?”

“Not yet.”

“Does he know you might have to call him as awitness?”

“I’m going to tell him tomorrow, when he’sstrong enough to accompany me to the magistrate.”

“What’s gonna stop him from takin’ offagain?”

Marc smiled. “Dora,” he said.

“So, who are you gonna call up first?”

“Budge, then Crenshaw. They’re the two primecandidates. Then Shuttleworth, if I have to. I’ll play it by earfrom that point on.”

Beth sipped the last of her lukewarm tea. “Itstill sounds brutal to me. I wish there was another way.”

“So do I, luv.”

“Oh, by the way, I almost forgot. A messagecome fer you a while ago from Robert. He’s not goin’ up to Spadinauntil noon tomorrow. He says he’ll be happy to see you atnine-thirty in the mornin’.”

“Wonderful! I’ve now got something worthrunning by him.”

“Impressin’ him, ya mean,” Beth said, andsmiled.

***

To Marc’s surprise, a maid emerged from the frontdoor of Baldwin House to intercept him and direct him next door toFrancis Hincks’ place.

“They’re waitin’ fer ya in the library,” shesaid, and hurried back in, out of the cold Saturday sunshine.

Odd, Marc thought, their meeting over there.And who were “they”? A few moments later, he was shown into theHincks’ library – a cozy, book-lined room, where, seated along oneside of a sturdy, oak table were Robert, Dr. Baldwin and Hinckshimself. The door closed discreetly behind him.

“Come on in, Marc,” Robert said. “Have aseat. We’ve got something very important to discuss.”

Marc sat down, and noticed that the letteroutlining his defense strategy lay open on the table in front ofRobert.

“You received my note, then?” he said.

“I did,” Robert said. “Thanks for filling mein. I realized you showed it to me in strictest confidence, but Itook the liberty of summarizing its contents for my father andFrancis. You may rest assured that no word of it will go beyondthese walls.”

Marc was puzzled – by the serious expressionon his friends’ faces and by this extraordinary move on Robert’spart. Something very strange was going on.

“I just wondered if you had any pointers forme when I launch this fusillade on Monday,” he said in a vainattempt at levity.

“I know,” Robert said. “And it’s yourproposed defense that concerns us.”

“I see. You’re worried about the judgestopping me in my tracks. But something happened last evening tobolster the whole apparatus. An incredible bit of luck, really.I’ve now got a witness who – ”

“It’s not that,” Robert said. “It’s thestrategy itself.”

Marc looked at Hincks and then at Dr.Baldwin. “I don’t understand.”

“Let me try to explain,” Hincks said.“Yesterday in the Assembly, our colleagues fought a raucous anddivisive rearguard action to save the Union Bill. As you know, theprincipal clauses have already been carried, but the Toryhard-liners are attempting to emasculate them by proposing a seriesof amendments and, when they fail, a series of attachments andprovisos to be sent along with the bill itself to the Governor. Ifeven two or three of these are carried in the Assembly, they willmake the bill unsupportable for Poulett Thomson, as it will beincompatible with the one already passed by the Legislative Counciland favoured by London.”

“Clement told me about the languagerestriction and the tinkering with the franchise, and the businessabout the capital,” Marc said, trying not to look completely atsea. He couldn’t see what any of this had to do with BrodieLangford.

“We’ve had a few defections from ourcoalition,” Dr. Baldwin said. “Some of the moderate conservativeswho voted with us earlier seem to think that these attachments areminor matters, and that perhaps they have gone further with usReformers than they really wished to.”

“And some friends of the Tories in highplaces,” Hincks said, “have started a campaign of rumours thatPoulett Thomson has made a secret pact with the Durhamites toinstitute responsible government as soon as the union is a faitaccompli. ”

“The last desperate act of desperate men,”Dr. Baldwin said.

“In short,” Robert said, “we’re going to haveto work day and night all weekend to keep the coalition fromcollapsing on Monday or Tuesday – and undoing what has beenaccomplished over the past six months. Our problem is furthercomplicated by the fact that the Whig government in London isitself on the verge of disintegration. And it is they, as you know,that devised and promoted the Union Bill. If they are thrown out ofoffice and replaced by the Tories, there will be no second chancefor us. Reconciliation and responsible government could be dead fora generation or more.”

“You know I’ll help in any way I can,” Marcsaid, but the pained expression in Robert’s eyes brought him upshort.

“It’s precisely your help we need,” Hinckssaid, and turned to Robert. Dr. Baldwin fixed his gaze firmly onthe table.

“Your defense of Brodie on Monday isconstructed to enable you to accuse – with plausible motive anddemonstrable opportunity – four of Toronto’s notable citizens ofcold-blooded murder. To be effective, your strategy must depend onsurprise and a relentless, hostile interrogation. If you have, asyou now say, probative means to support your allegations and makethem seem reasonable to the jury, then you are likely to besuccessful.”

“But I don’t – ”

“And if your are successful, theactual murderer will still remain unidentified, won’t he?” Hinckssaid. “Which will leave the whole province wondering which of yourstar witnesses really did the deed – Sir Peregrine, Crenshaw,Fullarton or Dutton? And even if Brodie is found guilty despiteyour efforts, you’ll have sown enough doubt to ruin the lives ofthese men for good.”

“I know,” Marc said. “That’s been a horrificethical dilemma for me – as a barrister and as a human being. It’scome down to Brodie’s life or theirs.”

“But these are not ordinary citizens, Marc,”Dr. Baldwin said solemnly, “and these are not ordinary times.”