Ngaio Marsh - Collected Short Fiction of Ngaio Marsh

Judge: Miss Freebody, you must confine yourself to facts. You must not put forward your notions as to anybody’s wishes or intentions.

(Pause. She sniffs.)

Judge: Very well.

O’Connor: On the morning of the dog’s death, Mrs. Ecclestone called to give you your paper, didn’t she?

Miss Freebody: I stood inside the door. I thought it was him with the dog. And then I heard her clear her throat. So I made myself open the door. And there she was! The adultress. Oh yes! She came.

O’Connor: Later in the day, did you see Dr. Swale go into The Elms?

Miss Freebody: Oh yes. I saw him. In at the side door as usual. He always does that. And upstairs in her bedroom she had the curtains drawn. All ready for him. As she always does on Fridays. And of course he (She indicates the Major) was out playing bridge at his club, poor fool.

O’Connor: Did you see Dr. Swale enter the house?

Miss Freebody (indifferent) : I can’t see their side door. There’s a tree and bushes.

O’Connor: And the outside safe? Can you see that?

Miss Freebody: Not that, either.

O’Connor: So you wouldn’t know if Dr. Swale, for whatever purpose, paused by the safe before entering the house.

Miss Freebody (her fingers at her lips, staring at him with growing excitement) : Paused? By the safe? For whatever purpose? But you’re right. You’re perfectly right. Fool that I am. Fool! Of course! That’s how it was. He — the doctor—

(She points to Dr. Swale, who stands.)

Dr. Swale: My lord, I protest. This is outrageous.

Judge: You cannot address the court, sir. You must sit down.

Dr. Swale: My lord, this amounts to slander.

Judge: Be quiet, Dr. Swale. You must know very well that any such interruption is impermissible. Sit down, sir. (Dr. Swale sits.) Very well, Mr. O’Connor.

O’Connor: Miss Freebody, please answer the questions simply and without comment. I bring you to the death of the dog. Did you see anything or hear anything of that event?

Miss Freebody: I was upstairs. I heard a commotion — a howl and his voice shouting. So I went into the bathroom and looked. I saw the dog thrashing about and then I saw it was dead. And I was glad. Glad . I didn’t know why it was dead. I thought at first that he — its owner — might have destroyed it at last but it was dead and I exulted and gave thanks and was joyful.

(She looks at the witnesses. Her gaze becomes riveted upon Dr. Swale and Mrs. Ecclestone. She leans forward, apparently in the grip of some kind of revelation. We see them. They exchange a quick look. He briefly closes his hand over Mrs. Ecclestone’s. Miss Freebody licks her lips.)

O’Connor: Did you see the arrival of Dr. Swale? Miss Freebody!

(Miss Freebody is still gazing at Dr. Swale and Mrs. Ecclestone.)

O’Connor: Miss Freebody, may I have your attention, please? (She turns her head slowly and looks at him.) Did you see the arrival of Dr. Swale?

Miss Freebody: Oh yes! Yes, I watched that. I watched him—the doctor. I saw how surprised and put out he was when they showed him the dog. Just like he is now. I saw them look at each other.

O’Connor: What happened next?

Miss Freebody: She went indoors and he followed. And he came back after a time and they carried away the carcass.

O’Connor: The two men did? (She nods.) Afterwards, when you heard about the poisoned meat, what then?

Miss Freebody: Ah! Then I didn’t realize. But now! (With an extraordinary sly look towards the witnesses’ seats) It could have been an accident, couldn’t it? The dog, I mean.

O’Connor (taken aback) : An accident , Miss Freebody?

Miss Freebody: He always has liver on Fridays. She is a vegetarian. They did it between them. They meant it for him. For him!

Golding: This is outrageous.

(Golding is on his feet and so are Major Ecclestone and Dr. Swale. They speak together.)

Major: My God, what’s the woman saying? By God, she means me. She means— (He turns on Swale.) By God, she means you —

Swale: This must stop. I demand that she’s stopped. Major, for God’s sake, you can’t think—

Usher: Silence. Silence in court.

Judge (rapping) : Silence! (Ecclestone and Swale subside.) This is insupportable. If there is any more of it, I shall clear the court. (Pause) Yes, Mr. Golding.

Golding: Indeed, my lord. How much more of this are we to have? I protest most strongly, my lord.

Judge: Yes, Mr. Golding. You may well do so. Well, Mr. O’Connor?

O’Connor: My lord, I quite agree it is not for the witness to advance theories, but the point is not apparently without substance. I have no further questions.

Judge: Very will. In that case — Mr. Golding?

(Prosecution Counsel rises.)

Golding: Thank you, my lord. Now, Miss Freebody, we have heard a great deal about emotions and all the rest of it. Suppose for a change we get down to a few hard facts. You admit to writing a number of threatening letters the last of which includes the phrase “neither of you is fit to live, take warning.” Do you agree?

Miss Freebody: Yes.

Golding: You have heard the police evidence. A container half-full of cyanide-of-potassium has been found in your shrubbery. You have heard the local chemist depose that he sold cyanide-of-potassium to the previous tenant of your house, who used it to exterminate wasps. The container, Exhibit One, is very clearly, even dramatically labelled. There it is. You see it there, don’t you? On the clerk’s desk?

Miss Freebody: For the first time.

Golding: What! You have never seen it before! Be careful, Miss Freebody. The chemist has identified the container and has told the court that he advised the purchaser to keep it in a conspicuous place. Had you never seen it in your garden shed?

Miss Freebody: My gardener saw that one.

Golding: Oh. The gardener saw it, did he? And reported it to you?

Miss Freebody: Yes. And I told him to get rid of it. So he did.

Golding: When was this?

Miss Freebody: Soon after I came. Five years ago.

Golding: Indeed. How did the gardener in fact “get rid of it,” as you claim?

Miss Freebody: I have no idea.

Golding: You have no idea! Is the gardener going to give evidence on your behalf?

Miss Freebody: Can’t. He’s dead.

(Somebody laughs . Defense Counsel grins.)

Usher: Silence in court.

Golding: And how do you account for its being discovered in your shrubbery in a perfectly clean condition three days after the dog was poisoned?

Miss Freebody: I repeat, the one in the shed had been destroyed. This was another one. Thrown there, of course, over the hedge.

Golding: We are to suppose, are we, that an unknown poisoner brought a second jar of cyanide with him or her, although he or she had already prepared the liver and wrapped it. Why on earth should anyone do that?

Miss Freebody: To incriminate me. Obviously.

Golding (irritated) : Once more into the realms of fantasy! I put it to you that no shadow of a motive and no jot of evidence can be found to support such a theory.

Miss Freebody: Oh yes, it can. It can.

Golding: It can! Perhaps you will be good enough to explain—

Judge: Mr. Golding, you have very properly attempted to confine the witness to statements of fact. Are you now inviting her to expound a theory?

Golding: My lord, the accused, so far as one can follow her, appears to be advancing in her own defense a counter-accusation.