by S G Read
‘Do you have your pistol with you?’ Clarence asked.
‘Not in court sir.’
‘If I was to give you a pistol could you demonstrate the drawing of your pistol and shooting the highwayman?’
‘I could.’
The usher brought forward Andrew’s pistol from his room.
‘I had the liberty of bringing your very own pistol for the demonstration.’ Clarence declared.
‘Am I allowed to come out of this box?’ Andrew asked.
‘You may.’ The magistrate answered. ‘What is to be his target?’
‘Am I to shoot the pistol in here then?’ Andrew asked.
‘If we are to gather the full information from the demonstration it would be wise.’ The magistrate answered.
The court usher set up a target and Andrew sat on a chair to demonstrate his falling and drawing technique which he had failed to do last time. He threw himself sideways out of the chair drawing the pistol as he did so and fired at the target.
Clarence walked up to the target as Andrew brushed himself down and returned the pistol to the usher before retaking his seat in the witness box.
‘A bull’s-eye, well done.’
‘On the day I missed his heart but the shot was good enough.’ Andrew replied looking at Beth.
‘Yes it was the doctor who examined him thought that he would have been dead before he hit the ground.’ Clarence added. ‘But I do not perceive the need to call him as a witness.’
‘Quite right too.’ Gordon declared. ‘I think we know the man is dead.’
‘Did you search him?’ Clarence asked.
‘No sir.’ He thought about adding that is he had done he might have used the jewels for more good than they were at the moment as Lady Dymonds was in court and wearing them but he held his tongue.
‘Please continue with the tale.’ Clarence asked politely.
‘I brought the dead man into Exeter and delivered him up to the thief taker which I assumed was the proper thing to do.’
‘And?’ Clarence prompted.
‘I continued about my business.’
‘Very good. Did you indeed find this nurse you were looking for?’
‘I did and I have left her in charge at the orphanage, while I am here.’
‘A woman in charge?’ Clarence replied. ‘How refreshing but what will she do if there is trouble?’
‘She is a nurse, so she will cope well.’
‘Against a mutiny?’ Clarence asked.
‘There will be no mutiny, there is no longer any need to mutiny, since I have been in charge things have changed there for the better and my charges know that. A mutiny would merely put them back where they were before I arrived.’
‘Thank you Mr McDay – no more questions.’
Gordon stood up. ‘McDay. I recall my learned opponent has the same name, are you related?’
‘I am his son sir.’
‘Do you know the prisoner as well?’
‘She is an orphanage employee.’ Andrew answered. ‘She is the teacher and she is well liked.’
‘When did you employ her?’
‘She started on Wednesday the fifteenth of December but I interviewed her for the position before I went to Exeter to find my nurse; had I not done so I would have been looking for a teacher as well.’
‘Did she have references?’
‘She had a reference from her first employers but her last employer, Lady Dymonds refused to give her a reference.’
‘I have heard about the lady’s sons.’ Clarence declared, standing to do so and then sitting immediately ignoring the glare from both the magistrate and Lady Dymonds.
‘Did she give a reason as to why her ladyship would not give her a reference and indeed had to let her go?’
‘I understood that her ladyship was displeased with their progress in all aspects of their schooling. I assumed the lack of reference was mainly to stop her teaching other local children, just in case that it was proven that she is indeed a good teacher and that the lady’s boys are indeed morons.’
‘Kindly keep to answers to the questions asked.’ The magistrate warned.
‘Yes your honour.’
‘Yes magistrate will suffice.’ The magistrate corrected.
‘So she did have enough reason to dislike Lady Dymonds?’ Gordon asked.
‘She did.’ Andrew admitted.
‘Could she have ridden to the manor road and robbed the ladyships coach after your meeting?’
‘If she had a fast horse and rode like the wind it might have been possible.’ Andrew answered.
‘Thank you; no more questions.’
Clarence stood up.
‘Where was this meeting at the orphanage?’
‘No it was a chance meeting on the road sir.’
‘And you offered her a post then and there?’
‘My stipend is small therefore I can not pay a large salary. As she was willing to work for what I could pay, I thought it was worth giving her a chance.’
‘Thank you no more questions.’
Andrew walked back to his seat, aware of the stare Lady Dymonds was giving him. All through his testimony she had made comments but no one had said anything to her about it.
‘I call Lady Dymonds to bear witness.’ Clarence announced and drew looks from everyone as she was the prosecution’s chief witness.
Lady Dymonds did not move.
‘Lady Dymonds will make her way to the witness box!’ The magistrate urged.
‘I have nothing to say to that man!’ She answered from her seat.
‘You still have to go into the witness box and swear the oath.’ The magistrate declared. ‘Or I will be forced to have you arrested.’
‘You would not dare!’ She answered.
‘Try me.’ The magistrate answered politely.
Lady Dymonds stormed up to the witness box and swore on the bible.
‘Lady Dymonds can you tell the court what happened on the day you were robbed please.’
‘I certainly can. We were driving home when we were slowed down by a log in the road. When we slowed that witch pulled her pistol and rode out and robbed us.’
Clarence did not argue about anything but merely asked questions letting her answer as she would, taking the wind completely from Gordon’s sail.
‘Was the highwayman wearing the usual mask?’ He asked.
‘She was.’
‘And how are you so sure that it was the prisoner?’
‘She had the same blue eyes I had seen every day, during the time she was trying to teach my sons.’
‘Did you see her hair?’
‘No just the blue eyes.’
‘So if I dressed her in a highwayman outfit and mixed her with others dressed the same, you could pick her out without any trouble?’
‘I most certainly could.’
‘Let us try it shall we?’
Five people including Beth walked to the side of the room and they were taken into another room. The courtroom buzzed with speculation until the five walked out dressed as highwaymen.
‘Would you care to pick out Elizabeth Conibear please?’ Clarence asked.
Lady Dymonds stood up, stepped out of the box and along the line of highwaymen. She walked down and then back up again then laid her hand on the middle highwayman.
‘That is Elizabeth Conibear.’ She announced.
‘Please disrobe.’ Clarence said to the chosen highwayman.
It was none other than Hugh Sloley the smithy.
‘She is not here then you have tricked me.’ Lady Dymonds protested.
‘Oh you were tricked alright but not by me, you were tricked by the highwayman who robbed you. Would you others show yourselves please?’
Beth was the first highwayman in line when she took off her mask, hat and cloak. Lady Dymonds looked at her to see only brown eyes.
‘But that is impossible!’ She spluttered.
‘On the contrary, there is an Italian firm who prod
uce eye coverings so carefully made and so coloured as to change the look of someone’s eyes to keep their identity a complete secret. I have met such things before, so the mere colour of eyes is no proof at all, not any more. If you would care to look at Mr Sloley’s hands they are calloused and hard. A working man’s hand unlike to two girls who took part who have soft milky hands.’
‘It is a trick!’ Lady Dymonds declared walking back to the witness box.
‘Oh yes it was a trick but it is a trick that has deceived even clever people.’ Clarence conceded.
‘I was not deceived! No one deceives me!’ Lady Dymonds cried. ‘The highwayman was not wearing anything to disguise his eyes from me!’
‘Did you search the highwayman’s saddle bags thoroughly after you found all the jewels?’ Clarence asked turning to the thief taker in the seats behind the prosecutor.
‘There was no need Lady Dymonds had her jewels back but I am sure there was nothing else in there.’
‘Bring the saddle bags here and search them while we all watch.’ The magistrate said calmly. ‘It is possible that it will throw a new light on this case.’
No one else moved. The thief taker left the court for a few minutes then returned with the saddlebags which he proceeded to search thoroughly. Tucked in one corner he found an oiled cloth which he pulled out and displayed. Inside were the same type of glass eye covers, these were blue.
‘They were well hidden.’ The thief taker declared, as his reason not to find them on the first search.
Clarence took the bundle and held it aloft as if it was a trophy.
‘No more questions.’ He said dismissing Lady Dymonds and her so called evidence.
Gordon stayed in his chair. ‘No questions.’
‘But I have not finished.’ Lady Dymonds spluttered.
‘You may return to your seat.’ The usher declared which was repeated by the magistrate when she continued to argue.
‘She is a highwayman and a terrible teacher.’ She criid, making no move to leave.
Clarence looked across at the jury and saw some of them smiling at her stupidity; it was not harming his case at all.
Finally she moved from the witness box but walked straight out of the court room. The magistrate looked down at Clarence.
‘The defence rests its case.’ Clarence said quietly.
The magistrate turned to Gordon who thought for a moment. ‘The prosecution call Philip Melhuish to the witness box.’
The thief taker walked up and was sworn in.
‘The vault where this saddle bag was stored, could it be opened by anyone thief taker?’ Gordon asked.
‘Not without the key Mr Prestwood.’
‘And how many keys are there?’
‘Two Mr Prestwood. I have one and the magistrate has the other one.’
As if reading Gordon’s mind the magistrate picked up a bunch of keys and demonstrated that that particular key was there. The thief taker showed his key as well, when he saw the magistrate selecting his from the bunch.
‘No more questions.’ Gordon declared.
‘Thief taker was there any sign that the lock had been forced or were there any scratches round the lock to show it had been picked?’ Clarence asked standing as he did so.
‘None at all sir.’
‘No more questions.’ Clarence declared and sat down again.
‘The prosecution has no more evidence to present Magistrate.’ Gordon announced prompting Clarence to jump up again.
‘They do not appear to have presented any so far Magistrate.’
‘The jury will consider their verdict.’ The magistrate declared ignoring Clarence.
The jury filed out and the normal hum of conversation returned to the courtroom. It was normal for them to leave and be called back if the jury left to consider a verdict. In this case neither Clarence nor Gordon left their seat but chose to wait the twenty minutes it took the jury to return.
‘Do you have a verdict?’ The usher asked and one of the twelve men stood up.
‘We do.’
‘Pray do tell.’ The magistrate asked testily.
‘We find the prisoner innocent.’
‘Then she is free to go.’ The magistrate declared banged his gavel on the desk and stood up forcing all those in the room to do so as well.
They watched him walk out before the hum of conversation started to rise.
‘Well done Clarence.’ Gordon declared.
‘Your turn next time Gordon?’
‘I hope so Clarence, those damned Italians and their new fangled ideas.’
Beth walked over to where Clarence stood.
‘Thank you Mr McDay.’
‘All in a days work Miss Conibear, they had a very flimsy case.’
‘But’-
Clarence held a finger up to stop her talking. ‘There are many big ears about, let us not set them flapping. Come I hear there is a meal waiting for us at the orphanage.’
Beth smiled. ‘I thought I would never see that place again, or your son.’
‘Well he is going to be our guard as we drive through this highwayman infested land, so let us get going.’
They walked out and climbed into the coach while Andrew sat on his horse waiting. He wanted to take Beth into his arms but fought the urge; there would be time for a reunion when they reached the orphanage.
They rode out of Exeter and continued unmolested until they reached the orphanage but any thoughts of time with Beth were extinguished when the children knew she was back. She was swamped by them.
‘She is obviously well like by all who reside here.’ Clarence declared. ‘It seems you will have to take your turn.’
‘I can wait.’ Andrew smiled as he unsaddled Hopscotch.
Tom was busy with the carriage Clarence, his assistant and Beth had arrived in so Andrew did it himself and started to rub Hopscotch down. Clarence walked inside the workroom to see what it was like, he had heard a little about the things inside.
Number forty one came out to find Andrew while he was rubbing Hopscotch down. ‘Mrs Fearon says the meal is ready to serve, should she wait?’
‘No forty one she can serve it, I only have to give Hopscotch his bag.’
Forty one ran back inside to tell Ruth and it was not long before Andrew followed.
‘We will be eating soon Tom so do not be long coming inside.’ Andrew called as he went inside.
‘No Mr McDay.’ Tom answered from where he was working.
The large tub which had been converted to a table proved successful and they all sat round it eating and talking. It was a far cry from when Andrew first arrived but he did not know what Clarence would think of it. Clarence was eating and talking as well, it would be some time before they spoke about it. Beth sat opposite Andrew and he often looked at her which caused her to smile when she noticed, which was often.
When the food was eaten the dishes were cleared by the children and washed up, then slowly they went to bed. Some complaining about eating too much food, something which would not have happened under the last beadle.
Andrew and Clarence sat in his parlour smoking a cigar as Beth and Ruth supervised the washing of the dishes.
‘Tell me father how did you know there would be those glass things in the highwayman’s saddle bags?’
‘There are too many ears in here to answer that so let us take a walk.’ Clarence answered.
They walked out into the cool night air blowing smoke as they walked. Once they were far enough away from the buildings Clarence stopped.
‘I knew they were there because Peterkin put them in there.’ He said quietly. ‘I do not usually bend the rules but this one seemed important to you and I had the feeling that you would do something silly if she was convicted.’
‘So you brought them all the way from London?’
‘Not personally but Peterkin did. When I asked about scratch marks on the lock I was making sure Peterkin is still the best lock pick in England.’
‘Well
he obviously is but how did he get past the thief taker and the gaoler?’
‘I walked in while they were still asleep.’ Peterkin answered from the shadows.
‘There is food inside.’ Andrew replied.
‘Yes I already had some master Andrew, very good it was too.’ Peterkin answered.
‘But you must keep it to yourself about the eye covers.’ Clarence insisted.
‘Not even Beth?’ Andrew asked.
‘Not even Beth, well not until after you are married. Were you going to ask her?’
‘I was but I may wait a few days, I want to say yes for the right reasons.’
‘Do not return to London yet Peterkin I may have need of your services.’
‘As you wish Mr McDay goodnight.’
‘Good night Peterkin.’ Clarence answered.
The two men walked back inside and sat in front of the fire until Beth came in then they both stood until she settled. Both men extinguished their cigars before they sat down again.
‘You could have finished your cigars.’ Beth scolded.
‘That would be very ungallant to make you sit in a smoky room.’ Clarence explained. ‘What are you plans now miss Conibear?’
‘I will resume my teaching if that is alright with your son?’
‘I have no death wish.’ Andrew declared. ‘Now that I have let the children have spirit and a sense of right and wrong, I feel I would be lynched if I sent you away.’
‘No other reason?’ Beth asked.
‘Oh there are other reasons but none that I can discuss in front of my father.’ Andrew answered.
‘It rather sounds like I should go to bed.’ Clarence declared and stood to leave.
‘I have had the bed clothes changed father, I will sleep out here, I have done it before.’
‘I could go along to the inn.’ Clarence argued.
‘Nonsense the bed is yours. A bed has been set upstairs for your aide.’
‘Would you walk me home Andrew McDay?’ Beth asked with a yawn. ‘It has been a trying time.’
‘I will indeed Beth Conibear, good night father sleep well.’
‘I will.’ Clarence replied, picking up the brandy decanter and his glass as he went.
Andrew walked Beth out of the orphanage and across the road to her cottage.