Indictment for Murder

by Peter Rawlinson

  ‘Yes, and I said I wouldn’t take that from you, I’d want to hear it from his own lips. And you said there’s no need, that he had sent you to tell me.’

  ‘Didn’t you want to have a few hours off?’

  ‘Of course I did, but because I knew he didn’t want to see you I said I’d only go if the colonel himself told me I could. So I went to his room, and you followed, and I asked him if he’d said I could go out and he said you’d said you’d be here with him. All the time he was looking at you. I said, “Are you quite sure?” And then you said “Yes, nurse, you take an hour or so off. I’ll be here.” And the colonel said to me, “yes, you go”.’

  ‘And you were very pleased at the chance of getting out of the house for a time?’

  ‘Well’ – she coloured a little – ‘I was. I thought I’d be on duty all weekend.’ Then she added fiercely, ‘But it was you who wanted me out of the house. It wasn’t him. He did it because of you. He was scared of you. I could see that by his face, and if you’re suggesting he killed himself, that’s rubbish, utter rubbish. He wouldn’t have done that, not Colonel Trelawney. He kept saying to me he was going to fight his illness and he was going to win. That’s what he said to me, often.’

  Jonathan stood quite still and silent. Graham looked up from his notes. ‘You think,’ Jonathan said at last, ‘that he didn’t want me to visit him and that he was scared of me?’

  ‘Yes. Scared before you came and scared when you had come.’

  Jonathan smiled at her. ‘Am I such a scary person?’

  She stared back at him defiantly. Then she shook her head. ‘Not to me – but you were to him. I just knew from how he seemed after the telephone call. He didn’t want you to be with him.’

  ‘Then why did you leave us alone?’

  She didn’t answer. For the first time she looked as she had when Shelbourne had been questioning her, as though she was on the point of tears. ‘I never should have left you with him. I’ve told myself that, time and time again ever since it happened. If I hadn’t left you with him, the colonel would be alive. It’s all my fault. It’s my fault for leaving you with him.’

  She took a handkerchief from her bag and began to dab her eyes. Silly bitch, thought Virginia. Jonathan waited. Then he said very gently, ‘No, Miss Langley, it was not your fault. It was not your fault at all.’

  He waited while she put the handkerchief back in her bag. ‘Would you be surprised to learn,’ he asked, ‘that it was Colonel Trelawney who suggested you go out because he wanted to be alone with me and didn’t want to be disturbed?’

  ‘I don’t believe it. It was you who wanted to be alone with him, and now we know why.’

  Jonathan looked at her sadly. Then he said, ‘While you were nursing the colonel, had you ever looked inside the tin deed box which stood on the dresser?’

  ‘No, never. I never opened it, nor saw it open.’

  ‘Was it locked?’

  ‘Yes. The colonel made some joke about it. He said I was to be careful of it when I was dusting as it was very precious. “There are some,” he said, “who’d like to get their hands on what’s in it.” I said, “Was it full of the Crown Jewels?” And he smiled and said it was something like that.’

  Jonathan again was silent. Then he said, ‘So you believe it all began, his change of mood, his anxiety or fear, after the telephone call he received. Is that right?’

  ‘Yes. That’s when it all began.’

  ‘Before it, he was jolly and cheerful. After it, you say he acted as though he was anxious and—’

  ‘He didn’t act. He was.’

  ‘Let me finish. He acted, I suggest, as though he was anxious and—’

  ‘Scared. He was scared. And he wasn’t acting.’

  ‘So you keep saying. At any rate, it was after the telephone call that he wrote the letter?’

  ‘Yes.’

  ‘And when I came, you think it was I who suggested you slip off for a time and leave us alone?’

  ‘Yes, I’m sure of it.’

  ‘Quite sure?’

  ‘Yes, I am. Quite sure.’

  ‘As sure as you are that he was really scared when he saw me?’

  ‘Yes.’

  ‘As sure as you are that he didn’t want to see me?’

  ‘Yes. He didn’t want you near him. I am sure of that too.’

  ‘At the time of his death you had been with Colonel Trelawney for several days, looking after him, talking with him, joking with him?’

  ‘Yes.’

  ‘So you were quite used to hearing his voice?’

  ‘How do you mean?’

  ‘Well, you’d heard him talk so often. Do you think you’d be able to recognise his voice?’

  ‘Of course I would.’

  ‘If he’d been talking from the next room, you would recognise his voice?’

  ‘Yes. What are you getting at?’

  ‘Or when he was talking on the telephone?’

  ‘I never heard him on the telephone. But I know his voice all right. Of course I do.’

  ‘Then will you listen to this?’

  Jonathan bent over the rail of the dock. Benson stood and handed him something. ‘What have you got there?’ Graham asked sharply.

  Jonathan held up a grey rectangular object, about four inches long and two inches broad, held it close to his eyes and then said, ‘It has stamped on it the words “Olympus Pearlcorder L 200 American microcassette recorder.” It also has a cord attached to a small earpiece. When you place the recorder close to the telephone receiver, a telephone call can be heard and recorded without the caller knowing.’

  Bracton stiffened. The journalists in their bench below the jury were staring up at Jonathan. A murmer arose in the court. The usher called out, ‘Silence!’ The noise subsided and the court became very still and quiet.

  ‘I propose to play the tape in the recorder,’ Jonathan said. ‘I shall identify one of the two voices you will hear on the tape as mine, and I suggest that no-one who hears it will disagree. I shall ask the witness if she can identify the other voice. If she can, I shall ask that the recorder and the tape be admitted as an exhibit.’

  Graham looked at Bracton, who rose and began, rather hesitantly, ‘I am not sure of the relevance or importance of this, my lord, nor of the genuineness of the tape if there is a tape—’

  Jonathan from the dock interrupted him. ‘Then, before we argue about it, I suggest we see if the witness can identify the other voice on the tape.’

  Graham, taken aback by the authority with which Jonathan had spoken, looked at Bracton, who shrugged and sat down. Graham turned to the witness. ‘The accused, Miss Langley, wishes to see if you can identify the voice, or one of the voices, on a tape he is going to play on the recorder he has in his hand. So listen very carefully, and only speak when you are certain.’

  He turned back to Jonathan. ‘You may play the tape.’

  Jonathan stood the small pocket recorder on the rail of the dock. He pressed the button. The courtroom was once again perfectly quiet. From the recorder, loud enough for everyone to hear, came the sound of a voice: ‘Jonathan, are you there Jonathan?’ There followed a pause. Then the voice again. ‘This is David, speaking from home.’ Again a pause. Then, again, the same voice. ‘Jonathan? I want to speak to you.’

  ‘Stop the tape,’ said Graham loudly. Jonathan pressed the button and the tape stopped. The judge turned towards the witness. ‘Do you recognise that voice?’ he asked. She did not at first reply. Then she whispered something.

  ‘Please speak up,’ said Graham. ‘Do you identify the voice that spoke those words on the tape?’

  ‘Yes,’ she said. ‘It’s the colonel. It’s Colonel Trelawney’s voice.’

  ‘Do you say that because the voice on the tape said “This is David”? Or because you recognise the voice?’

  ‘It’s his voice,’ she said. ‘I recognise it.’

  ‘You are sure?’ She nodded. ‘Please speak up,’ Graham said.

/>   ‘Yes. I’m sure. It’s his voice all right. It’s Colonel Trelawney’s voice.’

  Once again a murmer arose in the court. Graham tapped with his gavel and turned back to Jonathan. ‘What do you wish to do now?’

  ‘I wish to play the rest of the tape. It will identify when the conversation was held.’

  Graham looked at Bracton to see if there was to be any objection. But Bracton stayed silent, staring straight ahead of him. ‘Very well,’ Graham said at last. ‘You may play the rest of the tape.’

  Jonathan again pressed the button on the small recorder. The same voice said again. ‘Can you hear me? Is that you, Jonathan?’

  Then came another voice, unmistakeably the voice of Jonathan Playfair. ‘It is. What do you want?’

  The first voice, the voice Nurse Langley had identified as the voice of David Trelawney, said, ‘As you know, Jonathan, I’m ill, perhaps more ill than you think.’

  There was silence. Then the first voice went on: ‘I need to talk to you but I can’t now. There’s a nurse who keeps coming into the room. Will you call me back in two minutes? I’ll see she goes downstairs. Call me back in two minutes. It’s urgent. I must talk to you.’

  Pause. Then Playfair’s voice, very cool. ‘Why?’

  ‘I said I can’t speak now. She’s coming back into the room and I don’t want her to overhear. Call back and I’ll explain.’

  Another pause. ‘Why?’

  ‘It’s very urgent. Please call back.’

  ‘Very well.’

  Then followed the sound of the receiver being replaced. The court was now as still as the grave.

  Graham broke the silence. ‘Is there more?’ he asked.

  ‘There is,’ said Jonathan. And the tape began again. First the ringing sound. Then Playfair’s voice. ‘This is Jonathan.’

  ‘Thank you for calling back. I didn’t want to be overheard and the girl’s in and out of the room. She’s downstairs now. I’m very ill, Jonathan, and I must see you. There’s something I want you to have.’

  Pause. Then. ‘Are you listening, Jonathan? Are you there, Jonathan?’

  ‘Yes, I am.’

  ‘I’ve taken a lot from you over the years, Jonathan. Now I want to give you something, for a change. I’ve something you’ll want to have.’

  Pause. Again Playfair’s voice, cool as before and distant. ‘What is that?’

  ‘They’re planning to send me to hospital, but I am not going. Whatever the quacks say, I know I can’t last much longer. And I don’t want to. I don’t want them messing me about. I’ve had enough. But before I go there are some letters, some documents I want you to have.’

  ‘Why?’

  ‘You should have them. I want you to have them as some return for what I’ve had from you. I’m sorry about all that.’

  Another pause. Then Jonathan’s voice. ‘Why should I believe you?’

  ‘You must. I’m not going to last, Jonathan, and these letters are all I have that I can give you. You’ll want to have them. Anyhow, come and get them and judge for yourself. Some are from Nicola, and they are about you. You should have them.’

  There was a long pause. Then Jonathan’s voice again. ‘When shall I come?’

  ‘As soon as you can. Today would be best. The quack’s away and I’ll send the girl out.’

  ‘Today?’

  ‘Yes. I want you to come before it’s too late. I’m pretty ill. I’ve put up a good show but I’m not going to have the quacks fiddling around and experimenting on me in the hospital. They can’t do anything, I know that. Could you get here today, this afternoon?’

  A pause. ‘Very well, if it’s so important. At what time?’

  ‘Two o’clock?’

  Again a pause. Then Playfair’s voice: ‘Very well. I’ll come as near to two as I can.’

  There followed the sound of the receiver being replaced. For a time, what seemed like a long time, the court remained silent. Then Jonathan said from the dock, ‘That is all there is on the tape.’ He pressed the button, turning off the recorder, and beckoned to the usher. ‘I’d like this marked as an exhibit.’

  The usher came and took the recorder from Jonathan and handed it to the clerk of the court sitting below the judge’s bench, who passed it up to the judge. Graham turned it over in his hand, examining it. ‘Mr Bracton,’ he said, ‘you may wish to have this checked.’

  ‘Thank you,’ said Bracton.

  Graham began, now rather hesitantly, ‘You are saying, Sir Jonathan’ – this was the first time he had addressed the prisoner in this manner – ‘You are saying … No,’ he corrected himself, ‘you will be saying that this tape is an accurate and true recording of telephone calls exchanged between you and the deceased on the morning of Saturday July 21st? Is that correct?’

  ‘Yes. Whenever Colonel Trelawney wanted to speak to me on the telephone, I always recorded his telephone calls, for reasons I’ll explain later. That was why I acquired this equipment. What you heard was the record of the last telephone calls between Colonel Trelawney and myself, on the morning of June 21st, a few hours before Colonel Trelawney killed himself.’

  When he said this there was another stir among the spectators. ‘Silence!’ the usher called out. Graham said, ‘Did you at any time play this tape to the police, or let them have it?’

  Jonathan shook his head. Then he said: ‘No. I had forgotten that I still had it. At one time I had many others, but I destroyed them after Colonel Trelawney died. But this tape was still in the recorder and I’d forgotten it was still there. I only remembered after my arrest, and following my experience with the police over the arrest and having regard to the attitude of Detective-Inspector Johnson, I did not trust them.’

  Graham fiddled with his pencil. ‘Have the recorder and the tape ever been out of your possession since the conversation was recorded?’

  ‘No. If the prosecution care to check they’ll find it has not been tampered with, and I expect they’ll also find there was only one outgoing telephone call from Colonel Trelawney’s house in the morning of Saturday June 21st, and it was not to Colonel Trelawney’s bookie.’

  He turned back to the witness, who was again holding her handkerchief to her lips. ‘That call was made to me, and you have just heard what was said.’ He stopped and looked at her sadly. ‘Do you understand, Miss Langley?’

  She nodded and whispered, ‘Yes.’ Then she added, ‘But why, why did he act as he did?’

  Jonathan looked down. ‘It all began,’ he said, ‘a long, long time ago.’

  ‘That is a statement, Sir Jonathan, and not cross-examination,’ Graham interrupted, but he spoke more gently than he had before. ‘You will have the opportunity for explanation later.’

  ‘You are right, of course, my lord, I shall. But as Miss Langley is here and because she blames herself, I thought Miss Langley deserved an explanation.’

  He turned to the witness. ‘You see, it was not your fault, Miss Langley. Nothing that happened on that afternoon was your fault. You must understand that. So, please, never, ever, blame yourself.’ And, with his hands on the rail to help himself, he slowly lowered himself back on to the hard chair beside the warder in the dock.

  No-one spoke. Then Graham asked, ‘Have you any questions to ask the witness in re-examination, Mr Bracton?’

  Bracton half-rose and said, ‘No, my lord, none.’

  Again there was a pause. Everyone in the courtroom, not only the lawyers, sensed that the tape had changed much, for now it was certain that it had not been Playfair who had forced himself on a reluctant and scared Trelawney; it had been Trelawney begging Playfair to come to him. But why?

  Graham said, ‘Who is the next witness, Mr Bracton?’

  ‘It was to have been the solicitor, Mr Symes. The accused wishes to ask Mr Symes some questions on his statement, which has been read to the jury. However I was only warned of this last night and Mr Symes is abroad, in Tokyo. He cannot be here for at least two days, but the accused is content for him
to be interposed during the case for the defence.’

  ‘Very well. As it is nearly four o’clock, and since you may want to check the tape and consider the latest evidence, I shall adjourn now.’

  In the conference room Bracton tossed his wig angrily on to the table. ‘Why in heaven’s name,’ he said to Graves, ‘did he only produce it now?’

  ‘Do you think it’s genuine?’

  ‘It must be. I’ll have it tested, but I’m sure it is.’

  ‘Then why didn’t he show it to the police?’ Graves said.

  ‘To Detective-Inspector Johnson or the superintendent Johnson had defied over the arrest? By then Playfair didn’t trust any of them, and Johnson had got the press whipping up opinion against him. He must have thought if he let them get their hands on it he’d never see it again, or at least not in the same form!’

  Bracton had flung himself into a chair. There was a knock on the door and Trent came in and stood uncomfortably just inside the room.

  ‘I want to assure you,’ he said, ‘that I acted perfectly properly.’

  Bracton got up from his chair. ‘Why didn’t you tell me that Johnson was one of the policemen in the Stringer case?’

  ‘I didn’t appreciate its significance—’

  ‘You may have jeopardised the whole prosecution. Now get on to the DPP and tell him to ring me at my home in half an hour.’

  As they walked to the car park Graves asked, ‘Do you think Trent could’ve been involved?’

  ‘I don’t know. Johnson could’ve got at him, and I remember that the Crown Prosecution Service were as outraged as the police when Playfair directed the jury to acquit in the Stringer case. They bitterly resented his ruling on the oppressive questioning by the police which excluded the confession. That was the last case Playfair ever tried around here.’

  * * *

  In the Daimler on the way to the Lodgings the High Sheriff waited for the judge to speak, but as he said nothing the colonel could restrain himself no longer. He half-turned and said, ‘I suppose that changes it a bit, doesn’t it, judge? What happens now?’

  ‘We just go on,’ said Graham shortly.

  But at the Lodgings he put through another call to the Lord Chief Jusice and told him about the latest developments. The Chief was irritated. ‘I know it’s a difficult case, Harris, but just get on with it. All you have to remember is that we mustn’t have it said that Playfair was given any special treatment. Just see that the case takes its normal course, sum up impartially and get a verdict from the jury.’