Ngaio Marsh - Collected Short Fiction of Ngaio Marsh

Judge: Mr. O’Connor, have you anything to say on this point?

O’Connor (rising) : Yes, my lord, I have. I must say again at once, my lord, that I have received no instructions as to the positive identity of the person my client apparently believes — most ardently believes—to have — may I say “planted”? — the half-empty container of cyanide on her property. My instructions were simply that she herself is innocent and therefore the container must in fact have been planted. As a result of the way the evidence has developed, I’d be obliged for a short adjournment to see whether there are further enquiries that should be made.

(O’Connor sits . Golding rises.)

Golding: My lord, I submit that the antics, if I may so call them, of the accused in the witness box are completely irrelevant. If there were one jot of substance in this rigmarole, why on earth did she not advance it in the first instance?

Miss Freebody: And I can tell you why. It’s because I’ve only now realized it—in this court. It’s been borne in upon me. (She points at Mrs. Ecclestone and Dr. Swale) Seeing those two together. Watching them. Hearing them! Knowing! Remembering! They’re would-be murderers. That’s what they are.

Judge: Be quiet, madam. I warn you that you do your own cause a great deal of harm by your extravagant and most improper behavior. For the last time, I order you to confine yourself to answering directly questions put by learned counsel. You may not, as you constantly have done, interrupt the proceedings and you may not, without permission, address the court. If you persist in doing so you will be held in contempt. Do you understand me?

(She makes no response.)

Judge: Mr. O’Connor, am I to understand that in view of the manner in which this case has developed and the introduction of elements—unanticipated, as you assure us, in your instructions—you would wish me to adjourn?

O’Connor: If your Lordship will.

Judge: Mr. Golding?

Golding: I have no objection, my lord.

Judge: Does an adjournment until ten o’clock tomorrow morning seem appropriate?

O’Connor: Certainly, my lord.

Judge: Very well. (Generally) The court is adjourned until ten o’clock tomorrow morning. (He rises.)

(The Judge goes out . Counsel gather up their papers and confer with their solicitor representatives. The accused is removed. The witnesses stand, and the Clerk issues instructions as to re-assembly . Major Ecclestone confronts his wife and Dr. Swale. There is a momentary pause before she lifts her chin and goes out. The men remain face-to face for a second or two, and then Dr. Swale follows and overtakes her in the doorway.)

(The court reassembles at 10:00 the next morning.)

(The Judge enters and takes his seat)

Judge: Members of the jury, I am sure you apprehend the reasons for an adjournment in this, in many ways, somewhat eccentric case. I’m sorry if the delay has caused you inconvenience. Before we go on I would like to remind you that you are where you are for one purpose only: to decide whether accused, Mary Emmaline Freebody, is guilty of the attempted murder of Major Ecclestone. You are not concerned with anything that may have emerged outside the provenance of this charge unless it bears on the single question—the guilt or innocence of the accused.

(The accused is in the witness box. The Ecclestones and Dr. Swale now sit apart from each other, separated by Tidwell and the local chemist. They are shaken and anxious. They look straight in front of them. The Major keeps darting glances at them. He withdraws a small plastic case from his pocket. He extracts a capsule and swallows it)

Judge: Mr. Golding, you may now wish to continue your cross-examination.

Golding: I have no further questions, my lord.

Judge: Very well. Mr. O’Connor, do you wish to re-examine the defendant, and may I say, Mr. O’Connor, that I trust there will be no repetition of yesterday’s irregularities.

O’Connor (rising) : My lord, I sincerely hope not. I have no further questions to put to the defendant.

Judge: You may go back to the dock, Miss Freebody.

(The Wardress puts an arm on Miss Freebody who glares at her . Miss Freebody returns to the dock . Prosecution Counsel rises.)

Golding: My lord, I must inform your Lordship that Major Ecclestone has waited upon me and has expressed a desire to amend some of his former evidence, and has asked me to put his request before your Lordship.

Judge: Did you anticipate anything of this sort, Mr. Golding?

Golding: Not I, my lord.

Judge (after a long pause) : Very well.

Golding: I recall Major Basil Ecclestone.

(There is a general stir as the Major goes back to the box. His manner is greatly changed. His animosity is now directed against Dr. Swale.)

Golding: May I remind you that you are still on oath. (Major grunts.) Major Ecclestone, is it true that because of certain developments you now wish to amend some of the former evidence that you gave earlier in these proceedings?

Major: I do.

Golding: And that evidence concerns the identity of the person you believe to have been responsible for poisoning the meat?

Major: It does, sir.

Golding: And will you tell the court who—

(A cry from the Major. The Clerk stands sharply. The Major is in a sudden agony of convulsion. He struggles, jerks violently, falls, suffers a final galvanic spasm and is still. The Usher goes to the box. The body slides half down the steps . Dr. Swale hurries across and stoops over it)

Usher: Quiet. Quiet! Silence in court. Silence.

(The Judge has risen . Dr. Swale looks up at him and with a slight gesture of bewilderment shakes his head.)

Judge: Clear the court!

Usher. Clear the court.

(The accused is standing triumphant in the dock and pointing at the body.)

Miss Freebody: Justice. Justice. (Reporters scramble for the door.)

O’Connor: … and I would submit, my lord, with respect that the evidence is admissable. My lord, may I very briefly review the somewhat macabre sequence of events?

Judge (smiling) : Briefly, Mr. O’Connor? Very briefly?

O’Connor: My lord, I really am very much obliged. Very briefly then, my client is accused of putting cyanide-of-potassium into Major Ecclestone’s meat. Major Ecclestone who laid the case against her has died and cyanide has been found in his body. There is a strong presumption—indeed an overwhelming probability—that cyanide was introduced into one of the capsules Major Ecclestone was in the habit of taking at stated intervals for a digestive disorder. He was seen to take one of these capsules immediately before his death. My lord, I shall, if permitted, call expert evidence to show that a capsule containing cyanide would only remain intact for an hour. After that, the poison would begin to seep through the container. Miss Freebody has not been left alone since the commencement of this trial. It is obvious, therefore, she cannot be held responsible for causing his death. Whoever murdered Major Ecclestone, it was certainly not Miss Freebody. So that if, as of course we most strenuously deny, she caused the death of the dog, we have to accept a grotesque coincidence of two persons independently attempting to kill Major Ecclestone. Thus, my lord, I submit that the circumstances leading to Major Ecclestone’s death are admissable evidence.