‘I’ve received the decision of the constabulary,’ announced Cochrane.
Flood smiled expectantly. The decision would make a very dramatic end to the enquiry; the newspaper coverage would be greater than ever. He would make a statement to the journalists. The decision would vindicate his beliefs, as they well knew.
‘They have decided that there is insufficient evidence to mount a prosecution,’ said the judge.
‘What!’
Flood half-rose out of his chair, his face open with outrage.
‘Insufficient evidence,’ repeated the judge. ‘There’s agreement from every side that cause for suspicion is overwhelming. But the lack of positive evidence to link either Captain Winchester or the Dei Gratia crew directly with an attributable crime, even a premeditated motive, makes it too dangerous to mount a prosecution.’
‘ I would have prosecuted,’ said Flood, still unable to keep the incredulity from his voice.
‘I’m aware you would… so are the authorities.’
‘Then I should surely be allowed to proceed, in a criminal court.’
‘Not if the police here are unprepared to make a case. And counsel’s advice is that if we arraigned any one of the people who have appeared before us at the enquiry, then their defence lawyers would destroy any case we were able to bring.’
‘But what about the flight of Captain Winchester?’
‘It proves — ’
‘Guilt,’ insisted Flood. ‘What other reason would he have had for fleeing, unless he were frightened of what was to be uncovered?’
‘It would make a very strong piece of circumstantial evidence, if only there were something positive to link the man with crime… insurance fraud, for instance. Just one thing — that’s all we need.’
The full extent of what he was being told registered with Flood. He rose, walking to the window overlooking the bay. The disbelief numbed him.
‘It means that a crime has been committed… and that we are probably letting the guilty men escape justice.’
‘I’ve made that point,’ said Cochrane.
‘Is a full report being made to London?’
‘Of course.’
‘They could overrule the decision here.’
‘The final decision came from London, because I protested against its being made locally.’
‘ London say no proceedings?’
‘Yes.’
‘But they’ve accepted my view, of murder and mutiny. Alerted the American government, even.’
‘I know. And for good purpose. If there were mutiny and somewhere one of the crew is located, then we’ve got our positive proof. We’re not closing the door to prosecution by deciding against moving now.’
But he’d wanted it pursued now, while everyone except Winchester was in the colony and easily apprehended. He’d wanted to be involved.
‘What chance will there be of bringing all these people together in six months’ time I’ he demanded, exasperated. ‘They’ll have disappeared to God knows where.’
‘I’m not unaware of the difficulties,’ said Cochrane, irritated at the apparent blame the Attorney-General was attaching to him for the decision.
‘It’s unbelievable,’ said Flood, making angry patting gestures against the window sill. ‘Utterly unbelievable.’
He turned into the room again:
‘The Mary Celeste crew were German, with families. I’m going to communicate the whole affair to the Prussian authorities and ask them to be on the look-out for anyone answering the descriptions we can provide. There’ll be a time when they will want to come out of hiding and return home…’
‘It could do no harm,’ said the judge doubtfully.
Flood returned to his chair, sitting forward upon it and looking directly at the other man.
‘I regard this as a personal failure,’ he said.
‘There’s no reason why you should,’ said Cochrane immediately. ‘I know of no one else who would have worked as hard as you have.’
‘I’m convinced I’m right,’ said the Attorney-General, unwilling even now to concede that the affair was going to end without any action. ‘There are too many inconsistencies in the story for it to go unchallenged.’
‘I know the doubts, as well as you,’ said Cochrane sadly.
‘Then what are we to do?’
‘There’s little we can do,’ said the judge. ‘I intend making my feelings as dear as possible.’
There was a hesitant sound at the door and Baumgartner appeared. Cochrane rose, dismissively, and the Attorney-General hurried back to his robing room. He felt robbed, as defiled as he would have been had he returned home to find his house forcibly entered and the objects he had accumulated over a lifetime stolen for ever. It was a preposterous decision not to institute proceedings. And even more preposterous that there was no one to whom he could appeal against it.
He stumped into court, ignoring the formal greetings of acknowledgment from the lawyers who were already assembled. Sprague sat slightly apart and gave no awareness of the Attorney-General’s entry. In the first row of seats behind the lawyers the captain and first mate of the Dei Gratia sat side by side.
Cochrane entered almost immediately and like Flood ignored the customary greetings from the assembled lawyers:
‘Before making any pronouncement upon this claim, I wish to call before me the American Consul to this colony, Mr Horatio Sprague… and also Mr Cornwell.’
The men rose immediately to their feet, as if in expectation of the summons. They moved with slight uncertainty towards the witness area, but the judge stopped them, indicating a position in the centre of the court, directly below where he sat.
Looking beyond Sprague and Cornwell, to the lawyers, Cochrane said: ‘It is proper that you gentlemen should know the reason for the somewhat lengthier adjournment than you were first asked to accept because of the failure of Captain Winchester to provide either bail-bond or certificates of ownership of the Mary Celeste — ’
Reminded, the judge reached sideways, picking up a document. ‘A delay, incidentally, which has enabled the ownership document to arrive by steamer from New York.’
He looked back to the court.
‘On the evening of the adjournment, it is known that Captain Winchester left this colony for Spain, ostensibly to raise funds from friends and acquaintances with whom he was in contact there. It was subsequently brought to my notice that this was not the only intention of Captain Winchester in leaving the jurisdiction of this court. From Spain, Captain Winchester, without the knowledge or permission of this court, travelled to Lisbon and from there took passage upon a steamer for New York.’
It was obvious that the lawyers and the Dei Gratia crew knew of Winchester’s flight. There was not the slightest expression of surprise from anyone.
Cochrane stared down at the two men before him.
‘I feel this court deserves some statement from you two gentlemen, closely involved as you were during his stay in Gibraltar with Captain Winchester — ’
‘I must ask the court to accept my complete assurance that at no time was I aware of Captain Winchester’s intention not to return,’ responded Cornwell immediately. ‘In fact, I was unaware until several days afterwards that he had even gone into Spain. Had I had the slightest awareness of Captain Winchester’s plans, then I must assure Your Lordship and this court that I would have taken every effort to dissuade Captain Winchester from embarking upon the course he did.’
The judge hesitated for several moments, then said, ‘A fulsome explanation, Mr Cornwell. And one which this court accepts.’
He turned to the Consul.
‘Mr Sprague?’
‘I would also like to assure this court that I had not the slightest knowledge that Captain Winchester might
