Don Gutteridge - Minor Corruption

It was Wednesday before Robert Baldwin couldbe summoned back to face the gravest crisis in his family’sillustrious history.

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They met on Thursday morning in the spacious libraryof Francis Hincks, who lived next door to Baldwin House: Robert,Dr. Baldwin, Hincks, Marc Edwards and Robert Baldwin Sullivan. Itwas here that many of the important conferences of the Reformcaucus had been held, and critical decisions taken in the longstruggle for a system of responsible government in the province.And although everyone here was eager to hear Robert’s report of hisjourney to the western counties, no-one was surprised that thefirst and principal topic of conversation was to be the upcomingtrial of Uncle Seamus. A copy of the Crown’s indictment lay open onthe table. It ran to five pages. They had all read it, silently andsolemnly.

“Before we discuss the particulars,” Hinckssaid to get things started, “we need to decide who is to be UncleSeamus’s defense counsel.”

“It has to be you, Marc,” Robert saidmatter-of-factly, then looked beseechingly at his friend. “I am fartoo close to the situation.”

“And I have to be in Kingston on business thevery date of the trial’s beginning,” his cousin said withoutapparent regret. He was a brilliant courtroom performer, butimpatient with research and the petty details that were often ascrucial as the grand gesture. “But in the interim I’ll do all I canto help.”

“Thanks, Bob,” Robert said. “We allappreciate your concern. As you know full well, these spuriouscharges are a direct attack on our family and our party.”

“And whether you are comfortable with it ornot, Robert,” Hincks said, “we may need you to return to Windsor tocalm the waters there.”

Robert nodded, then looked at Marc again.

“It’s a terrible responsibility,” Marc said,“but I’d be a coward and no friend if I refused.”

“That’s settled, then,” Dr. Baldwin said withevident relief. He was still pale and weak from several bouts oflumbago. “I’ll try to pitch in, but my brother’s in worse shapethan I am. He needs a physician close by whenever possible.”

“So, Marc,” Hincks said, “what do you make ofthe indictment at first glance?”

Marc picked up the document. “I’m surprised,and disappointed, in that third charge. You can see from theallusion to the events and witness-statements that the Crownintends to link the girl’s death and the rape, as cause and effect,deed and consequence. We’ll know more when we see theirwitness-list in a day or two.”

“Isn’t involuntary manslaughter a bit of astretch,” Hincks said, “even for our Attorney-General, who hasambitions as big as his belly?”

“It is, and even if he were able to provethat Uncle Seamus financed the abortion, which they can’t, he can’tbe convicted of manslaughter or even criminal negligence. Afterall, no-one but Betsy knew who would be asked to perform thatbutchery.”

“You think they’re doing this to besmirch myuncle’s character so that the jury will find the circumstantialevidence around the so-called rape more convincing?” Robert askedMarc.

“I’m sure of it. The indictment begins thereand I believe the Crown’s case will start there as well. By thetime we get to the incident at the mill, Uncle Seamus will alreadybe painted as a blackguard, if not an outright murderer.”

“And when we get to the mill?” Dr. Baldwinasked.

“It sounds like they’ve got witnesses atSpadina and the mill to place Uncle Seamus in the ravine at thetrout-pool below the mill-building just before the alleged time ofthe crime.”

“And he already admits to being there,”Robert said. Then he proceeded to tell Marc and the others theversion of events that his uncle, haltingly, had recounted to himthe previous evening, a repetition of the testimony he had given toHoratio Cobb, but which the police chose to ignore.

“The problem is, as you all know,” Marc said,“Seamus cannot take the stand in his own defense. Our law won’tallow it. Which presents us with a problem: how can I get our version of events on the record? The business ofchecking out the pony for Betsy is plausible and credible, giventhat we could get corroboration for her interest in horses fromThurgood when he appears, as he must for the charge to stick, orfrom her pals at Spadina. But apparently only Seamus and Betsy wereprivy to that information, and Betsy’s dead and Seamus can’ttestify. Likewise with the phony reason Betsy gave Seamus forneeding the five pounds: to help her mother get an operation.No-one else can vouch for the deception other than Seamushimself.”

“That doesn’t leave us much of a defense,”Sullivan said.

“But it does leave us with offence,” Marcsaid forcefully. “A situation that my role model, Doubtful DickDougherty, would have relished.”

Richard Dougherty, now dead, had been abrilliant trial lawyer – fair but ruthless in cross-examination. Inhis long career he had never lost a capital case. It was he whoprompted – inspired – Marc to go back to the law, not as asolicitor like his adoptive uncle but as a full-fledged barrister,a principal performer in the theatre of life and death.

“You may need all of his cunning,” Hinckssaid.

“Where do you see the weak points?” Robertasked. “The points of attack?”

Marc paused, then said, “The evidence placingUncle Seamus at the scene is there to bolster Jake Broom’seye-witness description of the crime – given in some detail here.I’ll review the full statement later today. It’s also being used toeliminate the other obvious suspects.”

“That is everyone working at the mill whoknew Betsy and Betsy’s habits, and who might have become smittenwith her?” Sullivan said.

“Yes,” Marc said. “If the actual rapist wassome stranger, and that is very unlikely, then we’ll never find outwho committed the outrage. Betsy didn’t report it, and two monthswent by without a further murmur about it. She apparently saidnothing about it even on the night of the abortion when she’s saidto have named Uncle Seamus. Only the botched abortion itself andthe return of Jake Broom rekindled the affair. So it must have beenone of the mill-hands. If Joe Mullins saw Uncle Seamus in theravine unobserved, then he himself has no alibi and plenty of timeto get to the barn nearby. And Sol Clift seems to have been leftalone in the office soon after, giving him time to slip through themill and get to the barn.”

“True, Marc, but why would the Crown’s starwitness say he saw an older-looking body with a bush-sized head ofwhite hair?” Hincks said.

“Yes,” Robert said, “it makes no sense. If hedid see Clift or Mullins do the deed and decided to cover up forone of his mates, why would he not just let the matter liedormant?”

“He was gone over two months,” Dr. Baldwinpointed out.

“Perhaps he got a guilty conscience,”Sullivan said.

“And if he did it himself, then why bother atall?” Robert said again. “Even the inquest pointed only to Mrs.Trigger. Thurgood kept quiet about the business of Uncle Seamus andthe five pounds.”

“You’ve all raised good points,” Marc said.“The key to this business is what Broom thought he saw thatday. But if I can’t break him down on the stand and get him toreveal what he actually saw and why, then we may be inserious trouble.”

“I just thought of something,” Hincks said.“If Seamus can’t be on the stand, then he won’t have to admit wherehe was or why. You can go after this Joe Mullins and impeach histestimony.”

“That’s right,” Dr. Baldwin said. “The Crownwill have to use only its own witnesses to suggest, not prove,whether my brother’s motives were evil or philanthropic.”