Jeffrey Archer - A Prisoner Of Birth

"Yes, I do."

"I'm glad we have at least established that," said Pearson. "Perhaps you would be kind enough to read out to the court the third paragraph on the front page of the newspaper, the one that begins, 'Beth Wilson later told the police… '"

Beth looked down at the paper. "Beth Wilson later told the police that Danny Cartwright had not been involved in the fight, but came to the aid of a classmate and probably saved his life."

"Would you agree that that also sounds a little familiar, Miss Wilson?"

"But Danny wasn't involved in the fight."

"Then why was he expelled from the school?"

"He wasn't. He was sent home while an inquiry was carried out."

"In the course of which you gave a statement which cleared his name, and resulted in another boy being sent to Borstal." Beth once again lowered her head. "Let's return to the latest knife fight, when once again you were so conveniently on hand to come to your would-be boyfriend's rescue. Is it true," said Pearson, before Beth could respond, "that Cartwright was hoping to become the manager of Wilson 's garage when your father retired?"

"Yes, my dad had already told Danny that he was being lined up for the job."

"But didn't you later discover that your father had changed his mind and told Cartwright that he intended to put your brother in charge of the garage?"

"Yes, I did," said Beth, "but Bernie never wanted the job in the first place. He always accepted that Danny was the natural leader."

"Possibly, but as it was the family business, wouldn't it have been understandable for your brother to feel resentful at being passed over?"

"No, Bernie never wanted to be in charge of anything."

"Then why did your brother say that night: 'And if you think I'm going to call you guv if you take over from my old man, you can forget it'?"

"He didn't say if , Mr. Pearson, he said when . There's a world of difference."

Alex Redmayne smiled.

"Sadly, we only have your word for that, Miss Wilson, while there are three other witnesses who tell a completely different story."

"They're all lying," said Beth, her voice rising.

"And you're the only one who's telling the truth," responded Pearson.

"Yes, I am."

"Who does your father believe is telling the truth?" asked Pearson, suddenly changing tack.

"M'lord," said Alex Redmayne, jumping to his feet, "such evidence would not only be hearsay but also can have no bearing on the case."

"I agree with my learned friend," replied Pearson before the judge could respond. "But as Miss Wilson and her father live in the same house, I felt that perhaps the witness might at some time have been made aware of her father's feelings on the subject."

"That may well be the case," said Mr. Justice Sackville, "but it is still hearsay and I therefore rule it to be inadmissible." He turned to Beth and said, "Miss Wilson, you don't have to answer that question."

Beth looked up at the judge. "My father doesn't believe me," she said in between sobs. "He's still convinced Danny killed my brother."

Suddenly everyone in the court seemed to be chattering. The judge had to call for order several times before Pearson could resume.

"Do you want to add anything else that might assist the jury, Miss Wilson?" asked Pearson hopefully.

"Yes," replied Beth. "My father wasn't there. I was."

"And so was your fiancé," interjected Pearson. "I suggest that what started out as just another in a long line of quarrels ended in tragedy when Cartwright fatally stabbed your brother."

"It was Craig who stabbed my brother."

"While you were at the other end of the alley, trying to hail a taxi."

"Yes, that's right," said Beth.

"And when the police arrived, they found Cartwright's clothes were covered in blood, and the only fingerprints they could identify on the knife were your fiancé's?"

"I have already explained how that happened," said Beth.

"Then perhaps you can also explain why, when the police interviewed Mr. Craig a few minutes later, there was not a single drop of blood on his spotless suit, shirt or tie."

"He would've had at least twenty minutes to run home and get changed," said Beth.

"Even thirty," added Redmayne.

"So you endorse the Superman theory, do you?" said Pearson.

"And he admitted he was in the alley," added Beth, ignoring the comment.

"Yes, he did, Miss Wilson, but only after he'd heard you scream, when he left his friends in the bar to find out if you were in any danger."

"No, he was already in the alley when Bernie was stabbed."

"But stabbed by whom?" asked Pearson.

"Craig, Craig, Craig!" shouted Beth. "How many times do I have to tell you?"

"Who managed to reach the alley in less than a minute? And then somehow found time to phone the police, return to the bar, ask his companions to leave, go home, change out of his blood-covered clothes, shower, return to the bar and still be sitting around waiting for the police to arrive? He was then able to give a coherent account of exactly what took place, one which every witness who was in the bar that night was later able to verify?"

"But they weren't telling the truth," said Beth.

"I see," said Pearson. "So all the other witnesses were willing to lie under oath."

"Yes, they were all protecting him."

"And you're not protecting your fiancé?"

"No, I'm telling the truth."

"The truth as you see it," said Pearson, "because you didn't actually witness what took place."

"I didn't need to," said Beth, "because Bernie told me exactly what happened."

"Are you sure it was Bernie, and not Danny?"

"No, it was Bernie," she repeated.

"Just before he died?"

"Yes!" shouted Beth.

"How convenient," said Pearson.

"And once Danny is in the witness box, he'll confirm my story."

"After seeing each other every Sunday for the past six months, Miss Wilson, I have no doubt he will," said Pearson. "No more questions, m'lord."

"WHAT DID YOU have for breakfast this morning?" said Alex.

"Not that hoary old chestnut," said his father, his voice booming down the phone.

"What's so funny?"

"I should have warned you. Pearson has only two openings when it comes to cross-examining a defense witness; as a young barrister he worked out that only the judge will have heard them before, but to any unsuspecting witness, not to mention a jury, they will always come as a complete surprise."

"And what's the other one?" asked Alex.

"What's the name of the street when you come out second on the left of your front door to go to work in the morning? Few witnesses manage to answer that one correctly, as I know to my cost. And I suspect that Pearson walks the streets around the defendant's home on the evening before he opens a cross-examination. I bet you'd find him prowling around the East End right now."

Alex sank back in his chair. "Well, you did warn me not to underestimate the man."

"Sir Matthew didn't reply immediately, when he did eventually speak, he raised a subject Alex hadn't even considered. "Are you going to put Cartwright in the witness box?"

"Of course," said Alex. "Why wouldn't I?"

"Because it's the one element of surprise you have left. Pearson will be expecting Cartwright to be in the witness box for the rest of the week, but if you were to close your case tomorrow morning without any warning, he'd be on the back foot. He's assuming that he'll be cross-examining Cartwright some time towards the end of the week, perhaps even next week, not to be asked to sum up for the prosecution first thing tomorrow."

"But if Cartwright doesn't give evidence, surely the jury will assume the worst."

"The law is quite clear on that point," replied Alex's father. "The judge will spell out that it is the prerogative of the defendant to decide if he wishes to enter the witness box, and that the jury should not jump to conclusions based on that decision."