As Tom’s gaze wandered around the courtroom, he found himself the object of scrutiny from the press bench, where the reporters were filling the time before the hearing by sketching pen-pictures of the defendants. Every national and all of the local and regional papers were represented, and the proceedings were punctuated by the sound of clogs clattering down the cobbled street as the local boys recruited as runners took each verbatim instalment to the telegraph office.
Tom would not have been offended by the description of him offered by the Weekly Mercury:
A little under an average height, broad-shouldered and powerful looking. His well-shaped head and pleasant features are indicative of a genial and generous nature and, to judge from appearances, the last man in the world who would be capable of a deed of cruelty. Although not a teetotaller, he has always been of very moderate habits in the matter of drink and diet, and his friends attribute his staying power in a great degree to this fact.
Stephens is taller and of a more rugged aspect than the Captain, a fine fellow in every respect and a good specimen of the British sailor as far as physique is concerned. Both Dudley and Stephens are florid and red-haired. Brooks is a little taller and bigger than the Captain with a dark complexion and almost jet-black hair.
Tom loosened his jacket. It was a warm morning and the closely packed courtroom was already unpleasantly hot. The murmurs of conversation died away as Liddicoat called the court to order and the clerk to the justices read the charge.
Danckwerts then got to his feet. ‘Your Worships, I appear in this case to prosecute by direction of the Crown and the public prosecutor. It is my duty to lay the facts as shortly and as briefly as I can before you and it will then be for Your Worships to say whether the prisoners should be committed for trial.’
He paused and glanced towards the reporters, as if directing his remarks to them as much as to the bench. ‘While the case has excited profound sentiments of sympathy, you and I and the duties we have to discharge must not allow ourselves to be turned to the right or to the left by any feeling of pain or pity, or any other sentiment but a sincere desire to further the public justice and nothing more.
‘As you are aware, gentlemen, we are not attending here today to try the case. We do not meet here to convict or accuse the prisoners, but for the sole purpose of saying: “Is there any evidence for which these prisoners should be sent for trial by a jury of their countrymen?”’
He paused again and this time his gaze lingered on Tilly seated at the lawyers’ table. The ghost of a smile crossed Danckwerts’ face. ‘There are some cases in which the law warrants you in taking the life of a fellow creature but I venture to submit to you in the greatest confidence that this is not one of those cases. We must not omit to recognize that the law regards this as murder and it requires to be satisfied.
‘There is by the constitution of this country a power placed in one higher than any of us to mitigate the rigour of the law.’ He raised his eyes to the portrait of Queen Victoria hanging high on the wall above the bench. ‘And perhaps there are circumstances which will distinguish this case from others. When the law is satisfied, these circumstances will be taken into account and given their proper and due effect.
‘The case lies within a very short compass indeed. The facts are few and I venture to say are beyond dispute. Upon one occasion when Brooks was lying in the bow of the boat the captain and Stephens between them killed the boy. The captain, it appears, told Stephens to stand by and hold his legs, then ran a penknife into the boy’s throat, caught the blood and they drank it.
‘At that moment they seemed to have been seen by Brooks and he claimed a share of the blood. As far as I can make out, Brooks, although he knew their purpose, never actually lent his assent, and I suppose one can hardly say a great degree of blame is to be attached to him when he saw others drinking the blood, remembering the dire necessities to which they were reduced.’
As Danckwerts spoke, Tilly turned to look first at Tom, and then at Brooks. Concern was etched on his face. Brooks remained head bowed, staring at his hands.
‘Now the law of England regards it as nobler and worthier that they should all die rather than take the life of a fellow creature,’ Danckwerts said. ‘What right have you or I or anybody else to feel that in misfortune we can make one or another suffer other misfortunes by taking their life in order to preserve our own?
‘By the law of England, there is no authority for such a course and I call upon you…’ He paused, adding emphasis to his words. ‘You have in fact no option but to commit these prisoners for trial. The captain did the deed and Stephens was the essential party. In their case there can be no doubt whatsoever.
‘As to Brooks, I have carefully considered his position and I have come to the conclusion that he was in no way an actor or participator in the crime of his two companions. What I propose to do is to offer no evidence against him.
‘I ask you to discharge Brooks and I will put him in the box and I will call him as a witness in order that he might give an account of what took place. It is fair to Brooks and fair to the other two prisoners, because they will then by independent testimony have an opportunity of eliciting such facts as they think it right to elicit.’ Danckwerts made an exaggerated bow to the bench and sat down.
Liddicoat conferred with his fellow magistrates for a few seconds. ‘The defendant Brooks is formally discharged and—’
There was a loud cheer from the public section.
Danckwerts was back on his feet at once. ‘I must request that these manifestations of feelings be suppressed.’ The considerable agitation he displayed was explicable in the light of his son’s subsequent revelation that Danckwerts believed that a conviction would put his own life in danger in the West Country.
Liddicoat flushed at the curt reminder of his duties, then banged his gavel. ‘If there are any more outbursts I shall have the court cleared.’
Tom glanced at Stephens. ‘Did you know aught of this?’
The mate shook his head.
Tom looked to his left. Brooks had made a show of surprise, but now again sat motionless, eyes downcast, still staring at his hands. Tom’s gaze continued to burn into him as a policeman took Brooks’s elbow and led him out of the dock to a bench at the side of the court.
As he turned his attention back to the court, Tom met Tilly’s eye. The lawyer jumped to his feet. ‘Your Worships, I must ask that the statements given by the defendants to the collector of customs be proved as evidence.’
Danckwerts uncoiled himself from his seat. ‘If Mr Tilly will only wait a little, that will be done.’
Tilly ignored him, repeating his request to the bench.
Danckwerts’ air of amused tolerance evaporated at once. ‘Your Worships, I wish to conduct the case with the greatest forbearance towards the unfortunate men, but I protest against the conduct of their solicitor.’
‘Whatever my learned friend may say,’ Tilly said, ‘I am bound to take every objection, bearing in mind the serious nature of the case.’
‘But you are not taking a proper course.’
The two lawyers faced each other across the table. ‘I am taking a course which I think is only fair to the case. We need have no personal matters about it.’
‘Mr Tilly, you had better be very careful and allow me to conduct the matter fairly.’ Danckwerts thrust out his chin and hooked his thumbs into his waistcoat. It was the posture of a bantam cock preparing to fight a rival and there was ripple of laughter around the court. He continued to stare at Tilly. ‘You are evidently taking the most silly objections. I propose to read the statements that Mr Cheesman sent to the Board of Trade and you must make no objection to them.’