But when, a few minutes later, Ronald Cavendish, rising to open the defense of Lucy Towers, saw Hector Brunton bowed over his brief, nothing of him visible except a patch of gray wig, the hump of a black back, and one gentlemanly hand clutched round the gold pencil-case--then, for a moment, logic failed; and only the fear-stricken eyes of the woman in the dock, only his personal enmity for the man keyed him to the struggle. "M' lord, members of the jury," he began, and there was no attempt at oratory in his beginning, "it will be no part of my case to prove to you that Lucy Towers did not shoot her husband. She did shoot him. She shot him exactly as counsel for the Crown has proved to you. But when the Crown asks you to find my client guilty of wilful murder, when my learned friend brings what he is pleased to call evidence in support of malice and of premeditation; then I join issue with him. My submission to you is that there was, in what my client did, neither malice nor premeditation. "Yet even if my learned friend fails--as it seems to me he must fail--to convince you of premeditation, that failure will not furnish me with sufficient grounds on which to ask you for my client's complete exoneration. Only on one ground can I ask you, as I intend to ask you, for your verdict of not guilty; and that ground, members of the jury, is justifiable or excusable homicide. "Excusable homicide!" For a full ten minutes, the voice, grave, low, meditative, calm as the voice of the judge himself, dealt with the legal aspect of excusability; and all the while Hector Brunton listened, motionless. But suddenly, as Ronnie's tone changed to the tone of the pleader, the "hanging prosecutor" shifted on his seat; and savagely he stared at his enemy. "Those, members of the jury, are some of the grounds on which our law excuses the killing of one human being by another. But there are other grounds, grounds which not only excuse but justify. It is such justification, the fullest possible justification, which I purpose to plead. My learned friend, you may have noticed, was very careful to avoid any reference to the character or disposition of my client's husband. I, on the contrary, intend to deal with that point rather fully." Already the very quietness, the very certainty of that opening had impressed the court; and as, still quietly, yet with a hint of mounting passion behind it, the speech went on; as, point by point, counsel for the defense traversed the statements of counsel for the Crown, it seemed, even to the obtuse Spillcroft, as though the capital charge against Lucy Towers might fail. "While as for the minor charge," continued Ronnie, "the charge of manslaughter--of which, as his lordship will tell you, even though it is not pleaded on the indictment, it will be open to you to find my client guilty--on that charge, too, I intend to ask you for the completest acquittal." Brunton's stare relaxed. He hunched himself once more over his notes. And abruptly instinct, the instinct of the born advocate, warned Ronnie that he had spoken long enough. He glanced at the clock, at the jury. The jury--and especially the three women--were losing interest. Those women wanted neither argument nor oratory. They wanted drama. They were waiting, as spectators in a theater, for him to put Lucy Towers in the witness-box. So, abruptly, he regalvanized their interest. "Members of the jury, my learned friend who leads for the Crown has been at great pains to convince you, out of the mouths of his witnesses, that Lucy Towers is both murderess and adulteress. I propose to afford him yet another opportunity of convincing you--by putting both my client and her cousin in the witness-box." At that, the whole court stiffened to attention, and even the judge, who seemed to have been dozing throughout the speech, leaned forward. "Isn't he even going to deal with the evidence for the prosecution?" thought the judge. But Ronnie purposely played his highest card last. "Nevertheless, before you hear my client's story from her own lips, I must ask you to weigh very carefully certain evidence which the Crown has thought fit to call against her. With the testimony of John Hodges and of James Travers, honest testimony, let us hope, I shall deal at a later stage of these proceedings. But the evidence of Maggie Peterson calls for different treatment. Because Maggie Peterson has lied--and lied deliberately! "Lied--and lied deliberately." Now, as passion mounted and mounted, kindling the quiet voice to rage, Brunton's head twitched from his brief, and his eyes, the cold gray eyes under the gray wig, glanced fearfully about the packed court-room. "Because, on the night of July 4, the night when Maggie Peterson swears that she saw my client making her way to Robert Fielding's room, Maggie Peterson was not at 25 Laburnum Grove at all." Ronnie paused, letting his every word sink home. Rain, pattering suddenly on the glass dome above, seemed to emphasize the silence below. Then passionately the speech ended. "My lord, members of the jury, I ask for no mercy. I ask only for justice. I ask you to remember, even while you are listening to my client's testimony, that the main evidence against her, the evidence of this woman Peterson is, from beginning to end, one tissue of deliberate lies, of the most wilful and corrupt perjury, as I shall prove to you out of the mouth of a competent witness, the landlord of the Red Lion Tavern, who will testify to you beyond the shadow of a doubt that from eight o'clock till after ten on the night of July 4, Maggie Peterson never left his establishment; who will testify, moreover, that Maggie Peterson's companion on the night in question was none other than my unfortunate client's husband, William Towers himself." And on that, satisfied with the utter hush which followed, Ronald Cavendish put his client in the box. |