murder. But believe me it is. This is a cheating of the process of law to which, as Englishmen, you are entitled. You are subjects of an ancient land that has been ruled by law since the days of the Saxon dooms, before William the Conqueror set foot on our shores eight hundred years ago.”
He moved a couple of steps closer to them, his voice carrying clearly.
“When we sit in judgment upon one another, we are following a very tight set of rules, which are there to ensure that, as far as it is possible for human beings, we are fair. We give to each person the chance to defend himself against wrongful conviction, to speak for himself, to answer or refute the evidence against him. Otherwise, how could we refer to it as the justice system?” He hesitated to let the weight of the concept sink into their minds. “If you are not certain of this system, how can you bring anything before the law?” he continued. “How can you hope for peace or safety? How can you sleep at ease in your beds and believe that we strive to be a just and God- fearing people? The answer is simple. You cannot.”
He turned very slightly and indicated Rathbone high in the dock.
“This man accepted the position of judge. It is a high and ancient position, perhaps one of the greatest honors in the land, in some ways second only to Her Majesty, and yet a position that intercedes with your lives on a regular basis. It was his task to administer justice to the people-to you. Instead of that, he perverted the law.”
Rathbone winced. What could Brancaster say that would undo this damage?
Wystan continued. His voice was quiet, almost without emotion, and yet it penetrated every corner of the room. Rathbone should have remembered this about him. He wondered now how he had ever beaten the man.
“Oliver Rathbone was presiding over a case in which a man was accused of a most repellent manner of fraud, of taking money from those who had little enough, and of then misusing it. Your sympathy may be entirely with the prosecution of such a case. I know that mine is.” He shook his head. “But the ugliness of a charge does not mean that the person accused is guilty. He is as deserving of a fair and just trial as is a man accused of stealing a loaf of bread. It is the innocence or guilt that we try; we determine whether or not the crime is as charged, and whether or not we have the right person in the dock.”
He smiled very slightly, a mere twitch of the lip. “It is my duty to prove to you beyond any reasonable doubt that Oliver Rathbone abused the trust this nation, this people, placed in him by giving to the prosecution damning evidence as to the character of a witness for the defense, evidence quite unrelated to the charge brought. In so doing he sabotaged the trial of a man who was devastated by these events, by the shattering of his trust, not in the friend who betrayed him but in the law that was sworn to try him justly-so devastated that he took his own life. Upon uncovering the evidence, Oliver Rathbone should have recused himself and stepped aside. You may think this would have caused a mistrial, and you are correct. Nevertheless, that is what he should have done.
“I shall ask you to ignore your own feelings over the guilt or innocence of the man accused in that particular trial, and of anyone else who offered testimony in that trial. You must consider only the greater sin committed by Oliver Rathbone, who perverted the course of justice itself. Force yourselves to think, gentlemen, what refuge, what safety have any of us if the judges who sit in our courts cannot be trusted to be fair, just, and abide by the rules of the law that they are sworn and privileged to administer?”
Rathbone’s heart sank. If he were in Brancaster’s place now he would be choked, all previous words gone from his mind. He watched as Brancaster rose to his feet. He ached for him, quite literally. His throat was tight, his chest suffocated for breath.
Brancaster walked out into the center of the floor, addressed the judge, then turned to the jury. He did not sound self-important, an orator declaring a great cause. His voice was casual, a man speaking to a group of friends.
“Gentlemen, if this case were easy, we might have disposed of it without taking your time and keeping you from your own business. But it is not simple. That is not to say that it is any whit less important than my learned friend Mr. Wystan has suggested. Issues of justice are at stake-greater even than he has implied to you. The difference between Mr. Wystan and myself is not in our belief as to how this issue lies at the core of justice for all of us, for you, for me,”-he spread his arms in a wide, oddly graceful gesture-“for every man, woman, and child in our country. The difference is that I will not merely tell you what occurred that was so desperately wrong, I will show you, step by step, and in such a way that you cannot mistake the truth.”
He smiled so slightly it could almost have been a trick of the light. “I will not ask you to believe anything I cannot demonstrate. Nor will I ask you to reach a verdict other than what sits easily with your conscience, with your sense of the wellbeing of our country, and with the mercy we all wish not only to receive ourselves, but to extend to others. Listen carefully to the evidence.” He gestured toward the still empty witness box. “Imagine yourselves in the places of the people concerned, and then give thought to what you would have done, what you would have believed, and what, with wisdom and courage, you would consider to be just.” He inclined his head. “Thank you.”
Wystan called his first witness. Rathbone was not surprised to see that it was Blair Gavinton. He mounted the stand looking serious and unhappy, which could be interpreted in several ways. The jury would see that the matter was very grave, and Gavinton was sad and disturbed that a man in Rathbone’s position had so abused the law. It would not occur to them that he was dubious about the prosecution or that he regretted this turn of events and would rather not be obliged to testify.
He looked at them closely at last, the twelve men who would decide his guilt or innocence. He was used to reading juries. He had spoken to them often enough, watched as they weighed his words. This time it was different. It was he they were judging, and he could say nothing.
Most of them looked to be about his own age. They were in their best clothes, as solemn as if the jury box were a church pew. Only two of them were looking back at him, with curiosity, skin puckered and eyes narrowed, as if trying to focus. A juror farther along had a white beard hiding his expression. Rathbone could judge nothing.
Gavinton swore as to his name and occupation, and to the fact that he had been the lawyer for the defense in the case of Abel Taft. When prompted by Wystan, he also gave a list of the principal witnesses for the prosecution and then for the defense.
It had been a case of moderate public interest. Many in the gallery might have attended, and that would be the reason they were here now. To the jurors the name, at least, would be familiar.
“A considerable number of witnesses for the prosecution,” Wystan observed. “What manner of people were they?”
Brancaster stirred, as if to object, and then changed his mind.
Wystan smiled at that and turned back to Gavinton on the stand, waiting for his reply.
“Ordinary, decent people,” Gavinton replied. “As far as I know, the only thing they had in common was that they were members of Taft’s religious congregation, and they were generous, regardless of their means. Too generous, perhaps. They had all given more than they were subsequently able to afford and were distressed by the consequences.”
“Were they good witnesses for the prosecution, Mr. Gavinton?” Wystan pressed. “And I am not looking for a generous opinion of their honesty or goodwill. I need your professional judgment as to their value to the prosecution, their effect on the jury.”
Gavinton’s lips tightened as if he were suddenly acutely unhappy. “No,” he said quietly. “I was able to … to expose in each of them a naïveté-a gullibility, if you like-and it made them appear financially incompetent.”
“More than that, Mr. Gavinton, were you not able to show in each of them a need to be liked, to be accepted and appear to be more generous, and of greater means than was actually the case?”
Gavinton looked uncomfortable as he moved his weight from one foot to the other. Rathbone saw this as an affectation and had no pity for him at all. He still found him self-regarding.
“I had no pleasure in it, but yes, that is true,” Gavinton said.
“Did it profit your case?”
Again Brancaster moved a little, but did not rise to object.
Rathbone felt the sweat break out on his body. Why not? Did Brancaster have no idea what to do? Did he not have the heart or the courage to fight at all? He could have objected to that. It was a call for a personal opinion, not a fact.
