“You think they’re doing this to besmirch myuncle’s character so that the jury will find the circumstantialevidence around the so-called rape more convincing?” Robert askedMarc.
“I’m sure of it. The indictment begins thereand I believe the Crown’s case will start there as well. By thetime we get to the incident at the mill, Uncle Seamus will alreadybe painted as a blackguard, if not an outright murderer.”
“And when we get to the mill?” Dr. Baldwinasked.
“It sounds like they’ve got witnesses atSpadina and the mill to place Uncle Seamus in the ravine at thetrout-pool below the mill-building just before the alleged time ofthe crime.”
“And he already admits to being there,”Robert said. Then he proceeded to tell Marc and the others theversion of events that his uncle, haltingly, had recounted to himthe previous evening, a repetition of the testimony he had given toHoratio Cobb, but which the police chose to ignore.
“The problem is, as you all know,” Marc said,“Seamus cannot take the stand in his own defense. Our law won’tallow it. Which presents us with a problem: how can I getour version of events on the record? The business ofchecking out the pony for Betsy is plausible and credible, giventhat we could get corroboration for her interest in horses fromThurgood when he appears, as he must for the charge to stick, orfrom her pals at Spadina. But apparently only Seamus and Betsy wereprivy to that information, and Betsy’s dead and Seamus can’ttestify. Likewise with the phony reason Betsy gave Seamus forneeding the five pounds: to help her mother get an operation.No-one else can vouch for the deception other than Seamushimself.”
“That doesn’t leave us much of a defense,”Sullivan said.
“But it does leave us with offence,” Marcsaid forcefully. “A situation that my role model, Doubtful DickDougherty, would have relished.”
Richard Dougherty, now dead, had been abrilliant trial lawyer – fair but ruthless in cross-examination. Inhis long career he had never lost a capital case. It was he whoprompted – inspired – Marc to go back to the law, not as asolicitor like his adoptive uncle but as a full-fledged barrister,a principal performer in the theatre of life and death.
“You may need all of his cunning,” Hinckssaid.
“Where do you see the weak points?” Robertasked. “The points of attack?”
Marc paused, then said, “The evidence placingUncle Seamus at the scene is there to bolster Jake Broom’seye-witness description of the crime – given in some detail here.I’ll review the full statement later today. It’s also being used toeliminate the other obvious suspects.”
“That is everyone working at the mill whoknew Betsy and Betsy’s habits, and who might have become smittenwith her?” Sullivan said.
“Yes,” Marc said. “If the actual rapist wassome stranger, and that is very unlikely, then we’ll never find outwho committed the outrage. Betsy didn’t report it, and two monthswent by without a further murmur about it. She apparently saidnothing about it even on the night of the abortion when she’s saidto have named Uncle Seamus. Only the botched abortion itself andthe return of Jake Broom rekindled the affair. So it must have beenone of the mill-hands. If Joe Mullins saw Uncle Seamus in theravine unobserved, then he himself has no alibi and plenty of timeto get to the barn nearby. And Sol Clift seems to have been leftalone in the office soon after, giving him time to slip through themill and get to the barn.”
“True, Marc, but why would the Crown’s starwitness say he saw an older-looking body with a bush-sized head ofwhite hair?” Hincks said.
“Yes,” Robert said, “it makes no sense. If hedid see Clift or Mullins do the deed and decided to cover up forone of his mates, why would he not just let the matter liedormant?”
“He was gone over two months,” Dr. Baldwinpointed out.
“Perhaps he got a guilty conscience,”Sullivan said.
“And if he did it himself, then why bother atall?” Robert said again. “Even the inquest pointed only to Mrs.Trigger. Thurgood kept quiet about the business of Uncle Seamus andthe five pounds.”
“You’ve all raised good points,” Marc said.“The key to this business is what Broom thought he saw thatday. But if I can’t break him down on the stand and get him toreveal what he actually saw and why, then we may be inserious trouble.”
“I just thought of something,” Hincks said.“If Seamus can’t be on the stand, then he won’t have to admit wherehe was or why. You can go after this Joe Mullins and impeach histestimony.”
“That’s right,” Dr. Baldwin said. “The Crownwill have to use only its own witnesses to suggest, not prove,whether my brother’s motives were evil or philanthropic.”
Marc held up his hand. “We’re getting aheadof ourselves. Remember, as Robert has told us, Uncle Seamus wasinterviewed by Cobb. If the Crown puts Cobb on the stand to helptie their story together and to provide context as to where in whatcircumstances the love letter and thank-you note were found, I’llbe able, if I’m astute enough, to get him to relate thosefavourable details he elicited from his interview with Uncle Seamusup at Spadina. The trick will be to use the Crown’s questioningsomehow as a basis to launch the subject. I could even call Cobb asa witness for the defense.” But the spectre of vigorouslycross-questioning his good friend was not a happy one.
“If they’re wise,” Sullivan said, “they won’tcall him. That’ll make him a hostile witness if we do it.”
Robert shook his head slowly. “This just getsworse and worse. We’ve got a near-revolt in Windsor – which I’lldetail later – and Francis is going to have to write to LouisLaFontaine in Montreal to apprise him of the upcoming trial beforehe hears about it from the rumour mill.”
“Have we got any actual defense at all?” Dr.Baldwin said.
Marc smiled at him. “You are it, sir.”
“Me?” Dr. Baldwin looked surprised, and alittle edgy. “Oh, as a character witness,” he said.
“Precisely. Without direct testimony from theaccused himself, we’ll need to throw doubt on the probability ofthat big-haired villain being your sweet, gentle brother.”
“And we’ve got the servants,” Robert saidhopefully. “We need to get testimony from them about his kindness,his generosity to them, and his unfailing courtesy.”
Marc sighed. “I’d like nothing better,Robert. I’ve heard about his tutoring Edie Barr and Betsy Thurgoodand his giving them extra money for their families. That testimony,especially by Edie, would be invaluable because Edie was almost thesame age as Betsy.”
“Then why can’t we use it?” Hincks asked. “Orsimilar good references from Mrs. Morrisey or the other, olderhousemaid?”
“Because the Crown will use them for its ownpurposes,” Marc replied.
“I don’t see – ”
“They’ll elicit the other, impish side of hispersonality. They’ll subject the poor servants to a barrage ofquestions about the picnics and soirées up at Spadina. Detailsabout his teasing and flirting will have to come out. Theventriloquist business will involve Betsy directly. They’ll makehim out to be a lecherous and silly old man – in his dotage anddangerous to females.”
“I see,” Hincks said. “I’ve seen that impishside myself. And we’re Irish, aren’t we? We understand and makeallowances for those traits, but others don’t – and won’t.”
“I’m afraid so,” Marc said.
“But won’t my father be subjected to the samecruel cross-examination?” Robert said, glancing at his parent androle model, who looked feverish and uncomfortable. He wouldn’t beable to stay for the political discussion to follow: they couldn’tafford to have him go down sick at this juncture.
“He will, but he’ll be better able towithstand it than the servants. And as one of the pillars of thiscommunity, you, sir, will be questioned with more circumspectionand, I trust, more respect. In addition, your words will carry moreweight.”