Brian Freemantle: The Mary Celeste

‘Before making any pronouncement upon this claim, I wish to call before me the American Consul to this colony, Mr Horatio Sprague… and also Mr Cornwell.’

The men rose immediately to their feet, as if in expectation of the summons. They moved with slight uncertainty towards the witness area, but the judge stopped them, indicating a position in the centre of the court, directly below where he sat.

Looking beyond Sprague and Cornwell, to the lawyers, Cochrane said: ‘It is proper that you gentlemen should know the reason for the somewhat lengthier adjournment than you were first asked to accept because of the failure of Captain Winchester to provide either bail-bond or certificates of ownership of the Mary Celeste — ’

Reminded, the judge reached sideways, picking up a document. ‘A delay, incidentally, which has enabled the ownership document to arrive by steamer from New York.’

He looked back to the court.

‘On the evening of the adjournment, it is known that Captain Winchester left this colony for Spain, ostensibly to raise funds from friends and acquaintances with whom he was in contact there. It was subsequently brought to my notice that this was not the only intention of Captain Winchester in leaving the jurisdiction of this court. From Spain, Captain Winchester, without the knowledge or permission of this court, travelled to Lisbon and from there took passage upon a steamer for New York.’

It was obvious that the lawyers and the Dei Gratia crew knew of Winchester’s flight. There was not the slightest expression of surprise from anyone.

Cochrane stared down at the two men before him.

‘I feel this court deserves some statement from you two gentlemen, closely involved as you were during his stay in Gibraltar with Captain Winchester — ’

‘I must ask the court to accept my complete assurance that at no time was I aware of Captain Winchester’s intention not to return,’ responded Cornwell immediately. ‘In fact, I was unaware until several days afterwards that he had even gone into Spain. Had I had the slightest awareness of Captain Winchester’s plans, then I must assure Your Lordship and this court that I would have taken every effort to dissuade Captain Winchester from embarking upon the course he did.’

The judge hesitated for several moments, then said, ‘A fulsome explanation, Mr Cornwell. And one which this court accepts.’

He turned to the Consul.

‘Mr Sprague?’

‘I would also like to assure this court that I had not the slightest knowledge that Captain Winchester might not return,’ said the Consul. ‘Before he left, he told me he was going to Cadiz. He knew people there from whom he felt he could raise the bail-bond. I inferred from the way that he spoke that his sole reason for making this journey was to expedite the hearing before this court…’

Sprague paused, the defence appearing prepared.

‘Like Mr Cornwell, had I even suspected that it was not Captain Winchester’s intention to return, then I would have done everything to persuade him against such a thing.’

‘Yet it was you to whom he wrote?’ said the judge, making the doubt obvious.

‘The letter was the first intimation I had that he would not be coming back. It accompanied money sufficient for the bond.’

‘What reason did Captain Winchester give for fleeing?’ demanded the judge.

The question surprised the Consul. He frowned, unsure what response the man wanted.

‘I have already communicated the letter to you, My Lord…’ he said doubtfully.

‘And I believe that others in this court as inconvenienced as I have been should have the benefit of that information,’ said Cochrane.

‘Captain Winchester said he feared arrest,’ said Sprague quietly.

‘Arrest?’ prompted the judge.

‘From the letter it appears that Captain Winchester believed he was suspected by this court of certain involvement in the disappearance from the Mary Celeste of some if not all of the crew. He describes the suppositions as preposterous, but says that, so strong did he detect the suspicion to be, he felt it would be impossible for the matter to be fairly considered — ’

‘So he ran away?’

‘He insists that he is a completely innocent man whose continued presence here was achieving nothing. He did not leave without ensuring that he had complied with every request made to him by the court.’

Cochrane’s demand that the contents of the letter be made public had initially surprised the Attorney-General as greatly as it had startled the American Consul, but now Flood appreciated the move. Such a protracted discussion would guarantee lengthy coverage from the journalists outside, at least three of whom were employed by New York publications. The judge was apparently determined that Winchester should not escape the suspicion and condemnation of the court, even if he had slipped away from its control.

‘Has it been your awareness in the past, Mr Sprague, that innocent men fear courts of law?’ demanded the judge.

The Consul shifted uncomfortably:

‘No, My Lord.’

‘Is it not normally the reaction of guilty men?’

‘Yes, My Lord.’

‘Was Captain Winchester not aware that this was a properly convened court under the jurisdiction of Her Majesty, the Queen of England?’

‘He was aware of that,’ said Sprague, his discomfort increasing.

‘And that British jurisprudence has formed the basis for every judicial system in the world?’

‘That is accepted, My Lord.’

‘So Captain Winchester, a completely innocent man, saw fit to flee a system recognised throughout the world as the fairest that exists?’

‘I do not think Captain Winchester considered the matter as deeply as that,’ said Sprague helplessly.

‘What do you think Captain Winchester did consider?’ pressed the judge.

‘He felt…’ started Sprague, then stopped, realising the risk of impertinence if not contempt in what Winchester had asked him to say. ‘I feel that Captain Winchester acted hastily, without properly considering the fullest implications of his actions,’ he resumed. Admittedly at a low level, his function was nevertheless supposed to be that of a diplomat: and nothing could be achieved by enraging the judge further. ‘He hastily came to the conclusion that he would be inveigled into a situation from which it would be difficult to extricate himself without considerable loss of time. He is adamant that his only function in coming here was to assist the court in its findings and to reclaim the Mary Celeste as its rightful, principal owner. I know he would be deeply distressed at the thought that his actions could be construed as indicating any involvement or culpability in the strange matters that have been occupying this court for the past weeks…’

‘What other interpretation do you imagine that there is, Mr Sprague?’ persisted Cochrane relentlessly.

‘As I have attempted to indicate,’ said the Consul, ‘it was the hasty action of a man not properly considering the outcome…’

Sprague decided that he was doing badly.

‘I have often had occasion to define a crime as the hasty action of a man not properly considering the outcome,’ said the judge.

‘I can only repeat Captain Winchester’s letter to me, in which he resisted such a verdict in the strongest possible terms.’

‘I want the fullest account of the court’s annoyance over what has happened transmitted to your government in Washington,’ said Cochrane. ‘I further intend through the diplomatic means open to me in my own country to inform the American authorities of my severe disapproval of Captain Winchester’s conduct. I do not consider that the behaviour we have witnessed from Captain Winchester can be the behaviour of an innocent man and were this a criminal rather than a civil court, greater powers than this court possesses would be invoked to obtain from Captain Winchester a fuller explanation.’