“I just wondered if you had any pointers forme when I launch this fusillade on Monday,” he said in a vainattempt at levity.
“I know,” Robert said. “And it’s yourproposed defense that concerns us.”
“I see. You’re worried about the judgestopping me in my tracks. But something happened last evening tobolster the whole apparatus. An incredible bit of luck, really.I’ve now got a witness who – ”
“It’s not that,” Robert said. “It’s thestrategy itself.”
Marc looked at Hincks and then at Dr.Baldwin. “I don’t understand.”
“Let me try to explain,” Hincks said.“Yesterday in the Assembly, our colleagues fought a raucous anddivisive rearguard action to save the Union Bill. As you know, theprincipal clauses have already been carried, but the Toryhard-liners are attempting to emasculate them by proposing a seriesof amendments and, when they fail, a series of attachments andprovisos to be sent along with the bill itself to the Governor. Ifeven two or three of these are carried in the Assembly, they willmake the bill unsupportable for Poulett Thomson, as it will beincompatible with the one already passed by the Legislative Counciland favoured by London.”
“Clement told me about the languagerestriction and the tinkering with the franchise, and the businessabout the capital,” Marc said, trying not to look completely atsea. He couldn’t see what any of this had to do with BrodieLangford.
“We’ve had a few defections from ourcoalition,” Dr. Baldwin said. “Some of the moderate conservativeswho voted with us earlier seem to think that these attachments areminor matters, and that perhaps they have gone further with usReformers than they really wished to.”
“And some friends of the Tories in highplaces,” Hincks said, “have started a campaign of rumours thatPoulett Thomson has made a secret pact with the Durhamites toinstitute responsible government as soon as the union is a faitaccompli.”
“The last desperate act of desperate men,”Dr. Baldwin said.
“In short,” Robert said, “we’re going to haveto work day and night all weekend to keep the coalition fromcollapsing on Monday or Tuesday – and undoing what has beenaccomplished over the past six months. Our problem is furthercomplicated by the fact that the Whig government in London isitself on the verge of disintegration. And it is they, as you know,that devised and promoted the Union Bill. If they are thrown out ofoffice and replaced by the Tories, there will be no second chancefor us. Reconciliation and responsible government could be dead fora generation or more.”
“You know I’ll help in any way I can,” Marcsaid, but the pained expression in Robert’s eyes brought him upshort.
“It’s precisely your help we need,” Hinckssaid, and turned to Robert. Dr. Baldwin fixed his gaze firmly onthe table.
“Your defense of Brodie on Monday isconstructed to enable you to accuse – with plausible motive anddemonstrable opportunity – four of Toronto’s notable citizens ofcold-blooded murder. To be effective, your strategy must depend onsurprise and a relentless, hostile interrogation. If you have, asyou now say, probative means to support your allegations and makethem seem reasonable to the jury, then you are likely to besuccessful.”
“But I don’t – ”
“And if your are successful, theactual murderer will still remain unidentified, won’t he?” Hinckssaid. “Which will leave the whole province wondering which of yourstar witnesses really did the deed – Sir Peregrine, Crenshaw,Fullarton or Dutton? And even if Brodie is found guilty despiteyour efforts, you’ll have sown enough doubt to ruin the lives ofthese men for good.”
“I know,” Marc said. “That’s been a horrificethical dilemma for me – as a barrister and as a human being. It’scome down to Brodie’s life or theirs.”
“But these are not ordinary citizens, Marc,”Dr. Baldwin said solemnly, “and these are not ordinary times.”
“Shuttleworth is a pompous émigré, but he’sbecome a favourite of Bishop Strachan, dining at the Palace andtithing like a spendthrift,” Hincks said. “Crenshaw is a patheticsocial-climber, but he is also a Legislative Councillor. Fullartonis an esteemed banker and usher at St. James, devoted to hiscrippled wife. Dutton’s father was once an influential member ofthe Family Compact, and he himself has weathered much tragedy inhis personal life.”
“I do realize all this – ”
“If these gentlemen are bullied and batteredin the witness-box on Monday morning and afternoon,” Dr. Baldwinsaid, “even as the debate on the attachments is proceeding a fewblocks away, we may not be able to hold the moderates to ourcause.”
“What we fear,” Hincks said, equally solemnnow, “is that the moderate Tories will hear of four of their ownbeing accused of murder by an advocate who for better or worse hasbeen working hard-in-glove with Reformers and Durhamites for thepast six months.”
“And it is quite probable that they willdecide enough is enough,” Dr. Baldwin added, “and begin circlingthe wagons. If so, then voting in favour of disabling attachmentsto the bill will prove irresistible.”
“And we don’t need to tell you that thefuture of the province hinges on the bill surviving intact,” Hinckssaid.
Suddenly Marc was finding it difficult tobreathe.
Robert looked at his young friend and protégéwith a face that was as grave and stricken as it was every year onthe anniversary of his wife’s death. “I know what we are asking ofyou, Marc. It pains me beyond measure. But I can find no otheroption if the province we love is to be made a place for ourchildren to thrive in.”
“You’re asking me to – ”
“I am. I want you to consider abandoning yourproposed defense for Brodie.”
“But the lad’s innocent!”
“I know. And we desperately want to have himacquitted,” Robert sighed. Much of the old melancholy had creptback into his face. “What we are asking, Marc, is that you findanother way to save him.”
Marc’s lips went numb. He felt as if thebook-lined walls were about to collapse inward and crush him – likethe ramparts at Gaza.
EIGHTEEN
Marc was still numb when he crossed Front Street andbegan drifting westward along the broad, grassy expanse thatparalleled the shoreline of the bay and permitted the town’sworthiest ratepayers an uninterrupted view of blue water, bluersky, and the picturesque island-spit. Fishing boats withbig-bellied sails still plied the lake, and several had alreadyreturned from an early-morning excursion to sell their catch to thefishmongers, whose wooden stalls dotted the beach and whose criessang the virtues of perch or whitefish or, on a lucky day,sturgeon. Marc did not hear them as he wandered among those who hadcome down to the shore to buy their breakfast, take the “sea” air,or simply appraise the scenery from one of the many benches ortree-stumps set out for that purpose. Marc sat down on one of theseat the foot of York Street, and tried to think.
Robert’s proposal had been delivered in theform of a request, but it was no such thing. To ask someone tochoose between saving the life of one man, innocent or not, at theexpense of the well-being of all those in the province who wishedtheir children and grandchildren to have a country worth living in- was no choice at all. And Marc was not just any man; he was abarrister. He was ethically bound to offer his client the bestdefense possible – and that, with the assistance of Beth and Cobb,he had been able to do. After consulting with Robert this morning,his intention had been to go straight to the jail to bring Brodiethe good news that he now had every reasonable chance of beingacquitted, for his barrister had moved Heaven and Earth to producefive suspects with motive and opportunity – and now they hadsupporting evidence strong enough to convince a judge and jury. Butthat defense, the only viable one, was no longer an option. Somehowhe would have to stand by and watch Brodie be convicted. Somehow hewould have to find the courage to look him in the eyeafterwards.
Marc knew it was too early to catch Cobb inThe Cock and Bull, so he remained seated on the bench and waitedfor him to come down Bay Street along his regular day-patrol. Hedidn’t have to wait long. Cobb spotted him first, and crossed FrontStreet, dodging horse-carts, pack-mules and pedestrians headingtowards the Saturday market.