Brian Freemantle: The Mary Celeste

‘Were the sides pierced? Or the barrel heads removed?’ demanded Winchester.

‘The barrels were empty,’ reiterated Flood, uncomfortable at the man’s insistence upon a method. ‘How do you imagine that came about?’

‘A hypothesis again,’ said Winchester. ‘But by its very nature, alcohol is inclined towards evaporation.’

‘If three barrels were to evaporate, then wouldn’t the tendency be for the whole cargo to diminish?’

‘I’m not a scientist,’ said Winchester. ‘I don’t know the answer to that.’

Shadows began to lengthen in the enquiry chamber and Flood became aware of Cochrane shifting at his bench. It would not be long before the judge brought the proceedings to a close, realised the Attorney-General. It was time finally to shake this complacent man.

‘Isn’t there a far more sinister interpretation to be drawn from the inexplicable disappearance of a sober, experienced sailor and his family from a sound vessel with its sails set than some nebulous conjecture about freak weather and alcohol evaporation?’ he demanded, allowing the aggression to show.

Again Winchester looked from his lawyer to Cochrane and Flood felt the stirrings of satisfaction, aware of the man’s concern.

‘… I don’t know…’ attempted Winchester, but the Attorney-General overrode him.

‘… with barrels of alcohol empty and bloodstained swords lying beneath cabin bunks, isn’t a far more likely explanation for this tragedy an orgy of drunkenness on the part of the crew, who then put to a death most foul their captain, his family and perhaps even the next most senior officers?’

Winchester made an unknowing movement with his shoulders, his bewilderment obvious.

‘But to what point… what motive?’ he said uncertainly.

‘Can’t you help us with that, Captain Winchester?’

Flood purposely kept his voice low, wanting it to carry no farther than Cochrane and the witness, so that the uncertainty of the crewmen of the Dei Gratia still to give evidence would be heightened.

Captain Winchester stared directly across the short distance separating him from the Attorney-General, straightening in a positive effort to recover himself. Flood thought it might have been an illusion in the failing light, but he got a fleeting impression that the man’s deeply tanned face had suddenly lightened in colour.

‘I want an explanation of that remark, sir,’ he said, his voice almost as quiet as Flood’s.

‘My function at this enquiry isn’t to provide explanations,’ said Flood, aware that his arrogance would annoy the other man. ‘It is to seek them out. Tell me, Captain Winchester, why it was felt necessary even before the commencement of this enquiry for your counsel to urge haste for the release of the Mary Celeste?’

The man’s face had paled, decided the Attorney-General. He wondered whether the cause were anger or fear.

‘As Mr Comwell explained,’ said Winchester stiffly, ‘there is lying in the holds of the Mary Celeste a valuable cargo which my company is contracted to deliver upon a certain date. While my clients are prepared to make certain allowances for the circumstances surrounding the vessel, they seek discharge as soon as possible. There is also a perishable cargo awaiting shipment from Messina.’

‘Delivery of the alcohol for the full, agreed payment?’

There was no complacency now about Captain Winchester. He looked warily across the enquiry room, forehead lined in an attempt to follow the Attorney-General’s questioning.

‘Of course,’ he said finally.

‘Nearly $37,000?’

‘Slightly less than that.’

‘If we add to that value the value of the ship, some $14,000, we have an aggregate of about $51,000?’

There was a sudden movement to the Attorney-General’s left and the lawyer Cornwell rose.

‘For some time,’ he said to the judge, ‘I have been anticipating some intervention on your behalf at the worrying direction of my learned friend’s questions. As this has not been forthcoming, I seek an assurance from the Attorney-General, through you, that there is some point or purpose to this somewhat bizarre interrogation, reminding the court at the same time that these are civil proceedings into a claim for salvage, nothing more.’

Cochrane jerked up at the impudence of the interruption. ‘Are you questioning my conduct of this enquiry, sir?’ he demanded.

‘Under no circumstances,’ said Cornwell instantly, less abashed than he had been during his earlier clash with the man. ‘It is Mr Flood’s conduct I am calling into doubt.’

With an obvious effort, Cochrane controlled his anger. His voice almost unnaturally level, he said, ‘I made it quite clear at the commencement of this enquiry, Mr Cornwell, that I intended to allow as much investigation as I deemed necessary to get to the heart of this matter. In my opinion, there has been nothing about the Attorney-General’s behaviour to earn the reminder from me of the nature of this hearing, any more than I need such remonstrances from you…’ He paused, turning to Flood. ‘And I leave it to the Attorney-General to provide what assurances he feels necessary about the point or purpose of his questioning.’

Rejected again, Cornwell sat down and Flood turned to him, happy at the further confusion the man’s interruption had created.

‘I am delighted to assure my learned friend that every question I have posed today and will pose during future days has a very real and definite purpose… the purpose of finding the correct solution to this affair…’

He turned back to where Captain Winchester was shifting at his place. The man was greatly disconcerted, decided Flood.

‘You are familiar with salvage claims?’ he asked.

‘No,’ said the owner. ‘Fortunately they have been rare occurrences in my experience.’

‘I’m sure the court is delighted to learn of your admirable record,’ said Flood. ‘But you will be aware, of course, of the nature of awards… the percentages normally allocated by courts?’

‘I understand they vary.’

‘Indeed they do, depending upon the circumstances and the enquiry’s acceptance of the evidence produced before it. But tell me, Captain Winchester, what would you expect a court to award in this case if it were satisfied that the claim from the crew of the Dei Gratia were completely justified?’

Winchester took a long time to reply, twice looking to his counsel as if he expected a fresh challenge.

At last he said, ‘From loosely established precedents, I would assume them to be looking towards something around 50 per cent of the total of cargo and ship value.’

‘Which we have already agreed is around $50,000. So we are talking of a sum around $25,000?’

‘I suppose so.’

‘A fair sum of money?’

‘Yes.’

‘Particularly when, with the exception of a few barrels, the cargo remains intact and ready to be unloaded at Genoa whenever the Mary Celeste is released. For full and complete settlement of some further $37,000 on top of any salvage award?’

Again Winchester looked to his counsel, but when the man remained seated he came back to the Attorney-General and said, ‘I am at a loss to understand the point of this discussion.’

‘Are you, Captain Winchester?’

‘What inference are you making, sir!’ demanded the owner.

‘Raising questions again,’ said Flood easily. ‘Questions to which I shall return during the course of this enquiry until we get what I consider are satisfactory answers…’

He turned from the witness, towards Cochrane, estimating this to be the precise moment he should stop, to cause the maximum effect.

‘That concludes my questioning for today,’ he said. ‘But I would seek to lodge in the court’s record the request to recall this witness during the course of the hearing if it is considered necessary.’