Golding: May I remind you that you are still on oath. (Major grunts.) Major Ecclestone, is it true that because of certain developments you now wish to amend some of the former evidence that you gave earlier in these proceedings?
Major: I do.
Golding: And that evidence concerns the identity of the person you believe to have been responsible for poisoning the meat?
Major: It does, sir.
Golding: And will you tell the court who—
(A cry from the Major. The Clerk stands sharply. The Major is in a sudden agony of convulsion. He struggles, jerks violently, falls, suffers a final galvanic spasm and is still. The Usher goes to the box. The body slides half down the steps. Dr. Swale hurries across and stoops over it)
Usher: Quiet. Quiet! Silence in court. Silence.
(The Judge has risen. Dr. Swale looks up at him and with a slight gesture of bewilderment shakes his head.)
Judge: Clear the court!
Usher. Clear the court.
(The accused is standing triumphant in the dock and pointing at the body.)
Miss Freebody: Justice. Justice. (Reporters scramble for the door.)
O’Connor: … and I would submit, my lord, with respect that the evidence is admissable. My lord, may I very briefly review the somewhat macabre sequence of events?
Judge (smiling): Briefly, Mr. O’Connor? Very briefly?
O’Connor: My lord, I really am very much obliged. Very briefly then, my client is accused of putting cyanide-of-potassium into Major Ecclestone’s meat. Major Ecclestone who laid the case against her has died and cyanide has been found in his body. There is a strong presumption—indeed an overwhelming probability—that cyanide was introduced into one of the capsules Major Ecclestone was in the habit of taking at stated intervals for a digestive disorder. He was seen to take one of these capsules immediately before his death. My lord, I shall, if permitted, call expert evidence to show that a capsule containing cyanide would only remain intact for an hour. After that, the poison would begin to seep through the container. Miss Freebody has not been left alone since the commencement of this trial. It is obvious, therefore, she cannot be held responsible for causing his death. Whoever murdered Major Ecclestone, it was certainly not Miss Freebody. So that if, as of course we most strenuously deny, she caused the death of the dog, we have to accept a grotesque coincidence of two persons independently attempting to kill Major Ecclestone. Thus, my lord, I submit that the circumstances leading to Major Ecclestone’s death are admissable evidence.
(Defense Counsel sits down. A pause. The Judge has taken an occasional note during this submission. He now looks up and waits for a moment)
Judge: Yes. Thank you. (He turns to Prosecution Counsel.) Well, Mr. Golding?
Golding (rising): My lord, I shall oppose the introduction of any reference whatever to the death of Major Ecclestone. I submit that it would be grossly improper to confuse in the minds of the jury two entirely separate issues. The inquiry into Major Ecclestone’s death is in the hands of the police. And if they make an arrest there will be a trial in another court under another jury. What will transpire on what accusations may be made is utterly irrelevant to these proceedings. I submit that it will be irregular in the highest degree to anticipate them. As far as this court is concerned, my lord, may I venture to remind my learned friend that “the dog it was that died” and not its master?
Judge: And what do you say to that, Mr. O’Connor?
O’Connor (good-humoredly): Touché, I suppose, my lord.
Judge: This is in more ways than one a most unusual case. The death in the witness box of the principal witness for the prosecution, the man who laid the accusation against the defendant, and the finding of cyanide in his body is an extraordinary circumstance. I may order the jury to dismiss all this from their minds, but gentlemen, I may do so until my wig turns black and falls off my head but they won’t be able to do so. But to return to the argument. It would be remarkable if two people had independently desired to bring about the Major’s death. Thus if the second, successful, attempt could not have been made by the accused, it seems to me to be relevant to the allegation that she made the first attempt. I therefore rule that evidence regarding the nature and characteristics of the poisoned capsule is admissable.
O’Connor: I am greatly obliged to your Lordship.
Judge: Very well. Here we go again, gentlemen. (To the Usher) The jury may come back.
(The court reassembles. The jury enters. Miss Freebody returns to the dock. Dr. Swale now sits by himself in the witnesses’ seats. Mrs. Ecclestone, in mourning, hesitates and takes a seat removed from his. A pause and then he rises and goes to her. He bends over her for a moment and then offers his hand. After hesitating, she takes it. He then takes a seat behind hers.)
Judge: Members of the jury. Your attendance in this case was interrupted by an extraordinary and most distressing event which in the interval has received a great deal of publicity and has acquired a considerable amount of notoriety. You are of course not here to try anyone for Major Ecclestone’s death. You are here to decide whether Mary Emmaline Freebody is guilty or not guilty of attempted murder and that is your sole duty. Having said this I add one important qualification. If, during the continuation of the hearing, evidence is tendered that arises out of the circumstances attending upon Major Ecclestone’s death and that evidence has a bearing upon the question of the defendant’s guilt or innocence, then I will admit it for your consideration. Very well, Mr. O’Connor.
O’Connor (rising): You are Dr. Ernest Smithson, of 24 Central Square, Fulchester.
Dr. Smithson: Yes.
O’Connor: You, Dr. Smithson, are consultant pathologist for the Fulchester Constabulary?
Dr. Smithson: I am.
O’Connor: Did you carry out a post mortem on Major Ecclestone?
Dr. Smithson: Yes. I found he had died of cyanide poisoning.
O’Connor: May he be shown Exhibit Six? Is that the bottle taken from the Major’s body?
Dr. Smithson: Yes. I found it myself in his pocket. It was a bottle of Duogastacone which contained capsules of potassium cyanide.
O’Connor: Which suggests that cyanide had been introduced into a bottle containing capsules of Duogastacone?
Dr. Smithson: Yes.
O’Connor: Now will you please tell the court whether it would be possible to fill capsules of the sort commonly used in pharmaceutical dispensaries with cyanide-of-potassium?
Dr. Smithson: It would be possible, yes.
O’Connor: In what form would the cyanide be?
Dr. Smithson: In the form of powder.
O’Connor: And would the capsules be indistinguishable from those filled with a doctor’s prescription?
Dr. Smithson: If the prescribed powder was the same color, which it probably would be, yes. To begin with, that is.
Judge: To begin with, Dr. Smithson? Can you explain a little farther?
Dr. Smithson: After about an hour, my lord, the cyanide would begin to seep through the capsule and this would become increasingly noticeable.
O’Connor: Let me get this quite clear. To escape detection the whole operation, filling the capsules with the lethal powder and conveying them to the intended victim, would have to be executed within an hour before one of the capsules was taken?