The Guinea Thief - Chapter 14 Trial and Tribulation (Part Two)

“Next witness please Mr Bell.”
“The crown calls the Right Reverend John Bishop.” Said Mr Bell.
John Bishop took his oath most solemnly. Most priests seem to fall into two camps; the jolly rotund chap who has nurtured his flock and enjoyed the fruits of their labours, one eye on heaven bu one eye firmly planted here on earth; and the earnest theologians, thinner, more wrinkled with both eyes on heaven. From a first glance Mr Bishop appeared to fall into the latter camp.
“Reverend Bishop, would you be so kind as to elaborate your part in the events of October 28th last.”
“Indeed Sir I shall. I was asleep abed when our maid Cecily came knocking on the door. She said there was a gentleman outside who desperately desired to see me. Such occurrences are not entirely out of the ordinary, in my role as priest to the parish of Langstone I have over the years administered to their wants at every hour of the day. And being a village as much reliant on the sea as on the land, the hours they keep are governed as much by the tide and as by the sun. When I descended the stairs I found the man to be in a most agitated state.
“Was this man known to you previously?”
“No Sir, he was not.”
“And how did he introduce himself?”
“He said his name was John Smith and a man had been shot. That he and a friend had found him wounded on the shore and taking him to Warblington Church and then seeing the grave nature of his injuries his friend sent him to fetch me and ensure that the poor man would be given the proper rituals in his final hour. I hurriedly dressed and went at once to the church. As we approached the church I saw a number of soldiers outside. At this point Mr Smith said that he had done all he could for the poor fellow and he took his leave of me. I have to say I was not entirely surprised. I had not believed Mr Smith to be his real name.”
“And do you now know the name of the gentleman?”
“ No Sir I do not. But I see him over there.”
The Reverend pointed at Fred seated on the front row next to Jack. Mr Ashurst stood up.
“With respect your honour, the gentleman in question is Mr Frederick Williams and I shall be calling him as a defence witness momentarily.”
“Excellent. I believe his testimony could be most apposite given the accused’s continuing refusal to explain himself.” Said Sir Toby. “Mr Fielding do you intend to call any further witnesses?”
“No Sir.”
“So in summary, if I may be so bold?”
“Please go ahead Your Honour.” said Mr Fielding
You have called two witnesses who have testified that Mr Goody was found with the victim’s body, and further more was extensively covered with blood.”
“Indeed Sir that is correct.”
“Have you established in your mind, and the mind of the jury that Mr Goody was present at the time of the murder?”
“Well Sir. Mr Adair was still alive when Mr Douglas and the Reverend came upon him. Mr Goody must have been in the vicinity at the time of the murder. Although so far I have not produced a witness that saw the event itself I do believe rightfully that the circumstantial evidence is such that Robert Goody was the only person capable of killing Mr Adair. He was a smuggler caught in the act, a desperate man Sir and he took a man’s life in order to evade capture and now he must pay the ultimate price.”
“Thank-you Mr Fielding I believe I understand your position. However,” Sir Toby paused and took a sip of porter to ease his throat. “Gentleman of the jury, at this juncture I do feel it imperative to raise to your attention one vastly important matter, in order to convict the accused it is vital that you are certain beyond reasonable doubt that Mr Goody did in fact fatally wound Captain David Adair and consciously and deliberately take his life.”
Sir Toby turned to Robert’s defense counsel. “Mr Ashurst it is now your duty to demonstrate to the court that there is reasonable doubt that Mr Goody was responsible for this heinous crime and therefore should be found innocent.”
“Thank-you Sir Toby.”
“Gentleman of the jury my learned colleague Mr Fielding has had the opportunity to address yourselves; now it is my turn to present to your evidence as to why this man could not be the guilty party in this case. I believe the pivotal question we have before us, is not was Mr Robert Goody present that night. We have clear evidence that indeed he was. However was he with Captain Adair at the time of the fatal shooting, or did he arrive after the shot was fired? And following on from that pivotal question, if my client is innocent, who could have shoot Mr Adair? I believe if I can answer those questions satisfactorily, then Mr Robert Goody will walk away from this court a free man.”
Mr Ahsurst nodded at the clerk, to signal he was now ready to begin examining the witnesses.
Mr Bell stood up. “The defence calls Mr Frederick Williams.”
Fred came and stood before the clerk and swore his oath.
“Mr Williams you are, I believe, acquainted with the accused?” asked Mr Ashurst.
“Indeed I am Sir. I have known Robert Goody these past thirty years. And a fairer nor sound gentleman I have never known. It was my pleasure to serve alongside Robert in His majesties Navy during the American War of Independence. We spent many years together at sea, and on our return, I was very happy to be asked to join him and work together.”
“On the night in question, 28th October, can you tell me what happened?” asked Mr Ashhurst.
“We had spent the evening at the Royal Oak tavern and we were on the jetty by Warblington church when we heard a gunshot and a scream. Robert found Captain Adair lying in the water next to his horse. Robert and I could see he was badly wounded and wanted to get him somewhere warm so we carried him to the church and then I went to fetch the priest.”
“So Mr Adair was already wounded when you found him on the beach?”
“Yes Sir.”
“Did you see Mr Adair being shot?”
“No Sir I did not. I heard the shot and come running. Mr Adair was in the water next to his horse. But I did not see who shot him.”
“Were you or Robert Goody carrying firearms of any description that night?”
“No Sir indeed not. Neither myself or Robert carry guns ever. Robert says they cause more trouble than their worth. If I’m in a tight spot I’ve got me dagger like, and that’s usually enough.”
“One final question.” Mr Ashurst paused dramatically, “were there anyone other persons on the beach that night?”
“Yes Sir there was.”
Mr Fielding stood up, but then sat down again unable to think of what he needed to say.
“Was this person or persons known to you?”
“Yes Sir they was known to me.”
“Can you please name them.”
“Delphine Cadoudal and Jack Wilson.”
“Thank you Mr Williams, that’s all from me.”
“Your witness Mr Fielding.”
“Thank-you.”
Mr Williams can you please tell me what is the nature of your trade?”
“Import and Export Sir.”
“Mr Williams I put it to you, that this import and export business is in fact a large scale smuggling operation, and you and Mr Goody are the leaders of a notorious smuggling gang that has deprived his majesties coffers of huge amounts of duty over the past ten years. An infernal trade which undermines the very heart of this nation and leaves us unable to arm and feed our army who solely need to stop the infernal march of Monsieur Napoleon.”
Fred shifted his feet in the witness stand.
“Robert and I are honest businessmen whose trade is to the benefit of everyone in this here room, including I wager our honourable judge Sir Toby here. There’s many a soul who if it was not for folk like us would never be able to afford tea or sugar. Is it right that only the rich should enjoy the fruits of the world and all the poor should give every last penny to pay for pampering of princes in court?”
Sir Toby banged his gavel on the desk. Everyone looked up. Jasper was roused from his sleep.
“Gentlemen while I am most fond of intelligent debate, I do believe that a discussion of the evils and benefits of the smuggling trade will not serve our purpose today. I have my own fixed opinion on the matter and have no need of further enlightenment. Mr Fielding please if you could focus your efforts on establishing the facts of the events of the night of the 28th and proving whether or not Mr Goody is or is not a murderer that would be most helpful.”
“Yes, Your Honour. I apologise for the diversion.”
“The clerk will please strike Mr Fielding’s question and Mr William’s response from the record.”
“Yes Sir Toby.”
Mr Williams were you acquainted with the deceased?”
“Captain Adair was known to me Sir. He was the Riding Officer for the Harbour. Everyone who worked the sea around those parts knew him.”
“But you worked on the “other side”. Correct me if I am wrong, but his job was to stop you doing your job?”
“I guess you could say that.”
“And that being the case on the night in question would it not have been most inconvenient if Mr Adair had come across you and Mr Goody carrying out your business.”
“But he didn’t. We found him already shot.”
“I am simply trying to establish that both you and the defendant had a motive for wanting Mr Adair dead.”
“Well we didn’t. Mr Adair may have been on the other side from us, as you like to think of it. But no-one deserves to die. I seen enough of that in the war. Robert was with me the whole time that night and he didn’t shoot anyone.”
“Mr Fielding please approach the bench.”
“Yes your Honour.”
As Mr Fielding went towards the judge, Jasper snarled and curled his upper lip. Sir Toby spoke briefly and quickly dismissed with Fielding with his hand.
Mr Fielding walked back towards his desk. “I have no further questions, you are dismissed.”