Evelyne’s hand trembled visibly as she held up the Bible, standing ramrod straight in the witness box. ‘I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth, so help me God.’
Smethurst smiled at her. ‘Would you state your name and occupation?’
Evelyne’s voice wavered, and she got another encouraging smile from Smethurst as she answered, ‘I am a schoolteacher’.
‘So at the time of the murder of William Thomas you were a schoolteacher. Now then, would you, in your own time, please tell the court how you first came to meet the accused, Freedom Stubbs?’
Evelyne told the court how some friends had taken her to Highbury Hill for an evening’s entertainment. At this point Smethurst interrupted her. ‘I’d say that was a rather unusual evening’s entertainment for a respectable schoolteacher, wouldn’t you agree, Miss Jones? And just exactly who were these friends who suggested you go to this boxing match?’ He directed a half-smile at Henshaw.
Evelyne replied, ‘Lord Frederick Carlton and Captain David Collins.’
A murmur ran round the court at the mention of the high-society names. Sir Charles gasped and dropped his monocle. Smethurst had assured him that neither man’s name would even be mentioned in court. He slapped his kid gloves against his hand in anger — this was really outrageous.
Evelyne was in the witness box for almost an hour before they broke for lunch. She had hardly looked at the dock, at Freedom — she couldn’t. He had never taken his eyes from her face. As they led him back to his cell he tried to catch her eye, but she was being escorted from the stand by an usher.
The afternoon session began with Evelyne once more in the box. The court heard how she had helped Rawnie, but her name was not spoken. She had everyone’s full attention as she explained how she had collected the newspaper cuttings, how she had seen Freedom in her village and recognized him from the boxing match. She told the court why she had gone to his camp to warn him the police were looking for him. As she stated that on the night William Thomas was killed in the picture house, Freedom had been with her, the spectators stirred and whispered. Her voice was strong, confident, as she said that Freedom could not have committed the murder. She was calm and concise throughout the ordeal, and above all spoke clearly, accurately recalling dates and times. Smethurst turned to the judge. ‘At this point, Your Honour, may I say that both Lord Frederick Carlton and Captain David Collins have given statements to verify what Miss Jones has said, and they will both, if required, repeat their statements in court.’
Sir Charles gave Smethurst a furious look as he sat down.
Before Henshaw cross-examined Evelyne, he requested permission to approach the bench with Smethurst for a moment.
They spoke in whispers. Henshaw had picked up on the newspaper cuttings and he was going to find it impossible to avoid mentioning the previous murders. Smethurst gave Henshaw the go-ahead. He had been prepared for this, and it did not involve any change in tactics. He knew he could turn it to his own advantage.
Henshaw walked back to his seat and shuffled through his papers, waiting for the court to be brought to order once again. He took his time, lips pursed, carefully placing his glasses on his nose. He coughed lightly and appeared to be concentrating on his notes. In a blatantly sarcastic manner, he asked ‘Miss Jones, could you please tell the court where you gained your diplomas to teach?’
Evelyne flushed and replied that she had not taken examinations, but had taught at the junior school in her village.
‘So you are not, as you stated, a schoolteacher, is that correct? And at the time you visited Highbury Fair, what was your profession then?’
Smethurst jumped up and objected that the line of questioning was irrelevant and had no bearing whatsoever on the case. The judge dismissed his interruption.
‘So, Miss Jones, we take it that you were not in fact a schoolteacher but a pupil, am I correct?’
Evelyne unwittingly fell into the carefully laid trap. She admitted that she had actually left school because her family needed her at home. Henshaw gave a sarcastic smirk. ‘Ahhhh, I see, so now we have gone from being a schoolteacher to not even being at school. Dear, dear, this is all very confusing. Let us now take the reason why you were at the fair. As my learned friend stated, a boxing match is not really a fit place for a lady …’
Smethurst was on his feet, objecting in his booming voice. It was irrelevant whether or not a boxing match was a suitable place for a lady to be taken — indeed, if the great Ethel Barrymore frequented boxing matches he felt sure there could be no slur attached to his witness.
The judge had had enough and called Smethurst to the bar to reprimand him, saying that unless he curtailed his constant interruptions the court would be adjourned. Smethurst apologized and returned to his seat, then turned in astonishment as Evelyne blurted out, ‘I may not be a lady in your opinion, sir, but I assure you I was invited to the fair, unaware that there was to be a boxing match. I trusted my companions and I had no reason to believe they were taking me to anything more than an innocent fair. My companions were Lord Frederick Carlton and Mr David — Captain David Collins. Both gentlemen, I believe. So, in your rudeness to me you are also accusing two respected men of being less than gentlemen.’
This speech caused the gallery to erupt in loud shouts and a spate of hand-clapping. The judge pounded with his gavel and called for order. Henshaw’s mouth twitched with anger, he shuffled his papers and was about to move on to another tactic when Evelyne, after a glance at the judge, spoke again. ‘I’d also like, if I may, sir, I mean Your Honour, I would like to explain my education. It was partly private, and from Captain Collins’ aunt. Mrs Doris Evans was her name, sir, and it was Mrs Evans who first brought me to Cardiff, and that is where I met Captain Collins. Just so you don’t think I met him for the first time on the night of the fair.’
Henshaw snapped, ‘Thank you, Miss Jones. You are implying, I believe, that you were a friend of Captain Collins’ family?’
Evelyne again had the court in uproar when she agreed that Henshaw was correct, that she was a family friend, albeit a poor one.
Smethurst coughed and smiled at Henshaw behind his hand. He knew Evelyne had got him rattled, and it tickled him. Smethurst was also pleased to see the judge’s obvious delight in the witness.
Henshaw was aware that he had to get the situation back under his control. ‘Let us move on to Freedom Stubbs.’
From the public gallery a raucous female yelled that she’d move on to Freedom Stubbs any time they liked, and she threw down a single red rose. Again the judge resorted to his gavel to bring the court to order. He then announced a recess until the following morning and asked both Henshaw and Smethurst to come to his chambers.
Smethurst proffered a toffee to Henshaw just as the judge entered. ‘Now look here, you two, tomorrow I want no more of your baiting each other out there. Just conduct yourselves and your questioning in an orderly fashion. Is it true? Ethel Barrymore goes to watch fights? Where on earth did you get hold of that?’
About to reply, Smethurst stopped short as Henshaw slammed out of the room. It was in some way an omen, a foretaste of what was to take place the following morning.
Evelyne had been in the witness box for more than an hour, answering question after mundane question, but although she was tiring she maintained her concentration throughout. Henshaw was unrelenting, eventually bringing up the fact that Evelyne had kept newspaper cuttings of the previous murders. ‘You cut articles from the papers and kept them for no other reason than mere interest? I find that hard to believe, just as I find your statement that you went alone to the gypsy camp on the night William Thomas was murdered hard to believe. It was almost dark, it was, after all, almost eight o’clock.’
Smethurst had wanted Evelyne to watch every word. This time she made no reply. By not actually asking her a question, Henshaw had hoped to trip her up. He sighed, twisting his glasses around. ‘We are expected to believe an awful lot, Miss Jones, that you, just an ordinary girl, climbed a mountain to a gypsy camp to warn, warn, a man you insist you did not know, but you go alone, taking with you newspaper cuttings regarding that man’s possible association with certain murders …’
At this point the judge clarified that the defendant had been cleared of all charges relating to the aforementioned murders. He allowed Henshaw to ask again why Evelyne had collected the reports from the newspapers, and why she took them to Freedom Stubbs. Evelyne answered that Freedom was illiterate, he could neither read nor write, and he was not aware that he was wanted for questioning. Henshaw raised his arms and shook his head in disbelief. ‘You expect us to believe this? This preposterous fairy-tale? Wouldn’t the truth be rather
