Lynda La Plante - The Legacy

Freedom was as confused as Evelyne. Smethurst spoke very slowly, sometimes repeating himself two or three times. By now he had discovered his client was illiterate.

‘But I never killed the last lad, sir.’

About to leave, Smethurst gestured to the gaoler. He looked back as the strange, unfathomable eyes searched his face. Freedom seemed childlike in his confusion.

‘I’ll come in to see you again — until then, keep your chin up.’

‘Thank you, sir, thank you for everything you’re doing.’

The police officers and warders assigned to Freedom had nicknamed him the ‘Queer Fish’ because he was always so silent and unapproachable. They had segregated him very early on from the other prisoners awaiting trial. Many of the men were striking miners who had resorted to stealing and poaching to make ends meet. They knew he was being charged with the murders of their fellows and they constantly jeered and catcalled in the direction of Freedom’s cell. Every officer had to agree that he was a model prisoner — too good — he said neither ‘thank you’ nor ‘good morning’. He said nothing. His black eyes frightened some of the officers, and they had drawn lots to see who would be the ones to take him back and forth to court when the day came. No one wanted to start a fight with him. Even though he was handcuffed, he still looked as if he could be dangerous.

The exercise yard was cleared for Freedom’s solitary morning walk. Only he didn’t walk, he ran round and round and round, running until he was sweating and exhausted. He would then be taken back to solitary for a shower. One of the warders supervising him whispered that the man was ‘built like a brick shit-house with muscles standing out all over his body like a marble statue’.

Freedom knew they watched him, talked about him, and like an animal he stared back with his dark brooding eyes, and said nothing. Here, silence was his only defence against the world. No one could understand what the cell, the high brick walls and the key turning in the lock, were doing to Freedom’s mind. The cell closed in on him until his only relief was to pound his fists against the walls. He wrapped them in his blankets to muffle the sound. His morning run reminded him of his stallion, the way he used to toss his head and run round and round on the training rope. He was like a roped gry, an animal.

When the news leaked out that three charges of murder had been dropped, the prisoners banged on their cell doors with their tin mugs, screaming at the injustice. ‘You bastard, you’ll hang … They should hang yer, you gyppo scum!’

The press also got to hear of the murder charges being withdrawn and a small article appeared in the paper. They mentioned Freedom Stubbs by name as the gypsy being held in custody, and that he was now only being charged with the murder of William Thomas. Smethurst was furious, knowing the damage this information could cause to a jury. They could be prejudiced against Freedom before the trial began.

Tension mounted as the date of the trial grew closer. Sir Charles had spent the time staying with friends or out shooting. Ed Meadows was courting Miss Freda and they held hands like two teenagers, gazing into each other’s eyes and sighing. Ed was thinking about popping the question. Miss Freda was reeling in her fish, and had already made up her mind to accept if he proposed.

Evelyne spent her days wandering around the museums and art galleries. The trial was ever-present in her mind.

Smethurst worked on in preparation for the trial. This big, scruffy man was totally dedicated to his work. His scrupulous attention to every single detail was impressive. He knew he held a man’s life in his hands and, although he appeared almost buffoonish, he was an exceptionally intelligent and honourable man. He was also a kind man, and very patient.

The trial was to begin the following morning. Smethurst found a brief moment to explain everything to Evelyne.

‘We begin tomorrow morning. You must not be seen talking to anyone associated with the trial. You’ll be called to the stand when I am ready … but we’ll talk again before then, just remember all I’ve told you and don’t let him ruffle you. Answer clearly and concisely …’

‘How’s he holding up, sir? Is he all right?’

‘Well he’s getting a lot of stick from the other inmates, naturally, and he’ll more than likely have to take a lot more. Don’t you worry yourself about him … I take it you’ve not seen him, made no contact?’

‘No sir, His Lordship forbade it.’

‘Quite right … well dearie, I’ll take my weary body to bed, be refreshed for the battle.’

‘Will it be a battle, sir?’

Smethurst gave her a small pat on her shoulder, and one of his lopsided smiles. ‘Trust me … Goodnight.’

Evelyne tossed and turned all night long. Early the following morning, the first day of the trial, Miss Freda and Ed peeked round her door on their way to court.

‘I’ll come to see you later, tell you all about it,’ whispered Freda.

‘Now, now, Freda, yer know that’s not legal. She’s a witness, you gotta stay away — maybe I’ll just pop in though, eh! Ta-ta, gel.’

Left alone, Evelyne tried to read, but she couldn’t concentrate for wondering how the trial was going. She prayed it would be over soon. She ordered lunch but couldn’t eat anything, and eventually she sat by the window, waiting for them all to return.

The gallery was packed with spectators. They were rowdy and jocular. As the court began to fill, Smethurst swept in, his wig already at a precarious angle. Henshaw, immaculate as ever, took his position at the bar, waiting for the judge to be seated. The courtroom became hushed. There was a silent moment while both defence and prosecuting counsels took out their papers. The tension could be felt by all as they heard the sounds of keys turning in locks, and Freedom Stubbs was led up from the cells.

He dwarfed the prison officers on each side of him. He wore a neat, single-breasted suit, white shirt and tie, courtesy of Sir Charles. His long hair, as Smethurst had instructed, was tied back off his face in a thong. He was handcuffed, and he kept his head bowed, looking neither right nor left. The clerk of the court stepped forward.

Henshaw began his opening speech for the prosecution. The court listened attentively. No reference was made to any of the previous murder counts. Henshaw made a blistering verbal attack on the accused man. He then proceeded to call his witnesses; miners who had seen Freedom’s fight with Dai ‘Hammer’ Thomas, men who had heard him threaten to take revenge. Evan Evans gave a stuttering, nervous statement regarding the arrest of the accused man. Smethurst didn’t let a single thing slip by him. He was in and out of his seat like a bobbing buoy, consistently attacking Henshaw for leading his witnesses, particularly in Evan Evans’ case. The man was so nervous he even had a problem remembering his own address. When it was time for Smethurst to cross-question Evan Evans he bellowed, and the poor man actually jumped.

‘When you arrested Freedom Stubbs did you find anything?’

‘Pardon?’

‘When the prisoner was arrested, did you find anything on his person?’

‘No sir, we did not, but we had a damned good look. We also searched the gypsy camp, found nothing.’

‘And could you tell us how the prisoner behaved? When arrested?’

‘He came along quiet like, after we’d got him.’

Smethurst smiled his thanks and resumed his seat.

The next witness was yet another miner who had witnessed Freedom Stubbs’ threatening behaviour after the fight at Highbury Fair. Morgan Jones revelled in the fact he had been called to the witness stand. He gave lurid details of Freedom’s prowess in the ring, drawing murmurs from the gallery as he lifted his voice theatrically. When Smethurst began his cross-questioning, he kept his voice low, hardly audible, to make the witness more attentive.