by June Tate
‘Anything else happen to raise your suspicions at that time?’
‘Yes, it was Miss Collins’ behaviour. She was on edge the whole time and then Stanley came through the market carrying goods and called out “Mind your backs”, just as he was behind Miss Collins. She was so startled, she dropped a bag of goods, but it was because I saw her hands trembling as she picked the stuff up, that made me realise she was really scared of him and I wondered why.’
‘Thank you. No further questions.’
The counsel for the defence stood up. ‘These findings of yours, they are all supposition, aren’t they? You don’t have any proof that this is the truth, do you?’
‘No, sir. But it made sense.’
‘But that was just your opinion, you had no evidence. No further questions.’
Ben left the witness box and sat in the court. He glanced across at Percy, who just stared back at him.
James Hardy stood. ‘I would like to call Miss Phoebe Collins to the stand.’
On hearing her name called, Phoebe entered the door of the courtroom and was let inside by a policeman, standing by the door. He showed her where to go. As she walked down the aisle between the seats, her heart was pounding. She kept her eyes on the witness box ahead, not looking anywhere else, until she arrived and stood in the box. After taking the oath, she stared at the table where Hardy and his team were sitting. He smiled at her and rose from his seat, then walking over to her, he spoke.
‘You are Miss Phoebe Collins of 28 Union Street in Southampton?’
‘Yes, sir,’ she replied, looking straight at him.
‘You have a fruit and vegetable stall in Kingsland Market?’
‘Yes, sir.’
‘Let me take you back to February 2nd. You had finished work for the day and you had gone home. What happened then?’
‘It had been a busy day and I was late leaving. I was in a rush to get home to look after my young brother. It wasn’t until later when I was checking a list of goods for my stall, that I realised I might have forgotten to lock up. I put on my coat and walked back to the market.’
‘About what time of night would that have been?’
‘After eleven, as all the pubs were closed and the streets were empty.’
‘What happened then?’
‘When I arrived, I was heading for my lock-up when I heard angry voices. When I looked towards the sound, I saw that the door of the Stanley brothers’ lock-up was open. I stopped to listen. There was a furious argument going on. I recognised Percy Stanley’s voice, but not the other. Then there was a crashing and a banging. I was about to run away when they both came hurtling through the door, fighting one another.’
‘Did they see you, Miss Collins?’
‘Fortunately, no, but I was scared, and I saw behind me a pile of cardboard boxes piled high, waiting to be cleared in the morning, so I hid behind them. But I could see what was going on through a space in the boxes.’
‘What happened next?’
‘There was a lot of cursing and shouting as they exchanged blows, then Percy hit the other man, sending him to the ground. He climbed over him, sitting astride him, and held him by the throat. The man couldn’t breathe and was fighting for his breath. I thought he was going to die, then with a mighty heave, he managed to push Percy off him and stagger to his feet. Once he’d regained his balance, he turned to face Percy, but to my horror, before he could move, Percy drew a knife and plunged it in him!’ With trembling fingers, she took a sip of water from a glass on a shelf in front of her.
‘The other man didn’t attack Mr Stanley once he’d got to his feet?’
‘No, sir, he didn’t have time.’
‘What happened next?’
‘The man collapsed and lay on the ground. Percy leant over him but he didn’t move. Percy cursed loudly, then he hauled the body up and dragged him into the lock-up.’
‘What did you do?’
Her eyes widened at the recollection. ‘Nothing! I was too scared to move.’
‘And then?’
‘After a while, Percy walked out of the lock-up, put the padlock on and turned the key, but as he was walking away, I moved my cramped leg and to my horror, a box tumbled down. He stopped and looked over. I was terrified and thought I’d be next, but at that moment, a cat jumped down with a squawk from the wall behind the boxes. Percy stopped, looked at the cat and left the market. When I felt it was safe, I crept out, but then I was violently sick in one of the boxes. After, I ran home and locked the door.’
‘Why didn’t you inform the police? After all, you’d just seen a man die.’
‘I was too frightened. Percy didn’t know I was there. I thought I’d wait until the morning when the market opened and he had to open his lock-up – but to my surprise, everything was normal. There was no body! Who would have believed me? I had no proof it happened, there wasn’t a body to show people. It would have been his word against mine and what’s more he would then know I’d seen him. My life would have been in danger. I had a mother and young brother to care for, I couldn’t take the chance.’
‘But how did you manage to work that day, knowing that across the way was a man who was a murderer?’
‘I was on edge all day long, worried that he’d discover somehow that I knew what he’d done. I was a bundle of nerves.’
Edward Phillips was watching the jury closely. They looked across at Stanley sitting in the box. His face was like granite, but his eyes narrowed as he stared at Phoebe.
Edward whispered to his clerk. ‘The jury don’t like him!’
‘It was several weeks before the body was discovered. However did you manage to carry this dreadful secret with you?’
‘It was because of my family. I had to be sure that I was around to take care of them.’
‘But eventually you did tell someone?’
‘Yes. Ben Masters and I had become friends. I didn’t know he was a policeman, I thought he was a stallholder, like us. He was worried about me, my health was suffering. I couldn’t sleep at nights and Ben sat me down and made me tell him what was wrong. By then I knew I could trust him and to share this burden was such a relief. But of course, being a detective, he had to report it and then it all took off from there.’
‘But, Miss Collins, because of it, we are at last able to bring a murderer to justice. Thank you. No further questions.’
The judge spoke up. ‘Ladies and gentlemen, now is a good time to break for lunch. Court will be adjourned until two-thirty.’
‘All rise,’ called the clerk of the court and everyone waited until the judge had left the chambers. Then the jury filed out. Ben waited for Phoebe. He kissed her and said, ‘Come on, I’ll buy you a lemonade and a sandwich. You will be cross-examined, so I can’t get you anything alcoholic.’
They walked to a nearby pub and sat down. After Ben had collected their order, she sipped her drink. Her mouth felt dry and she was thankful for the cool liquid, but she was worried about having to face the cross-questioning that would follow on their return to court and said as much to Ben.
‘All you can do is answer his questions and don’t elaborate. He can’t get away from the fact that his client killed a man, but is claiming it was in self-defence. It’s the only argument they have. Then it’ll be up to the jury to decide the verdict.’
They eventually returned to the courthouse and Phoebe once again took her place in the witness box. The counsel for the defence stood before her.
‘Please remember, Miss Collins, that you are still under oath.’
She nodded and waited.
‘Let me take you back to February 2nd when you were hidden behind those boxes. Would you say the fight between the two men was violent?’
‘Yes, I would.’
‘Both exchanging blows with great force?’
‘Yes.’
‘Were you surprised, when Percy Stanley had the man on the ground, that he was able to recover and get to his feet?’
‘Yes, sir
.’
‘Why was that?’
‘Mr Stanley had him by the throat and he was having difficulty breathing. I thought he was a goner.’
‘Mr Stanley must have been surprised, too, wouldn’t you think?’
‘I really couldn’t say.’
‘So, when he did get to his feet, what happened then?’
‘The man got his balance and turned to face Percy, but as he did, Mr Stanley drew his knife and stabbed him.’
‘Would you say that it was probably the only way he could have stopped him?’
‘I have no way of knowing that.’
The counsel stood and looked at Phoebe, who looked back at him.
‘I have no further questions at this time,’ he said and sat down.
Phoebe was told she could leave the stand. She walked over and sat with Ben.
‘Well done, darling. You did very well.’
James Harding got to his feet. ‘I’ve no further witnesses, My Lord,’ he said addressing the judge.
The judge looked at his watch. ‘Very well, court is adjoined until ten o’clock tomorrow morning.’ He turned to the jury and warned them that they were not free to discuss the case with anybody.
Everyone stood as the judge left the room, followed by the members of the jury. As Phoebe turned to walk away, she inadvertently looked up and saw Percy Stanley about to be taken from the dock, back to the cells. He paused and glared at her, before being hurried down the steps. She felt a shiver down her back.
Once outside, she turned to Ben. ‘Why did the judge close the proceedings?’
‘He knows that Percy Stanley is to be called and that could take some time. It’s best to keep it to the same day. It makes life easier for everyone. At the end, the jury has to go away and decide the verdict. With a bit of luck, it could be over sooner than we think.’
‘What am I going to tell Tim about being away again tomorrow?’
‘I think we have to tell him the truth. He’ll have to know sooner or later.’
Chapter Twenty-Nine
By the time they’d returned from Winchester, Tim was already at home. They found him eating a sandwich as he did his homework.
Phoebe gave him a hug. ‘You are a good boy. We stopped at the pie shop on the way home. I’ll just cook some potatoes and vegetables, then we can eat.’
‘Where have you been?’ asked her brother. ‘I thought you’d be home when I came back.’
Phoebe glanced at Ben, who sat beside the boy. ‘You remember the body that was found?’
‘Oh, you mean the man that was murdered, that Percy Stanley killed?’
‘Yes, that’s right. Well, Phoebe was in court today as a witness.’
The boy frowned. ‘A witness to what?’
Phoebe walked over to him. ‘I actually saw Percy commit the murder.’
Tim looked stunned. ‘You saw him do it?’
‘Yes, I’d gone to lock up because I’d forgotten to do so, and I saw it all.’
‘Now, Tim,’ said Ben, ‘you’re old enough to understand how dreadful that was for your sister and now she’s had to stand up in court and tell the jury what she saw. Not an easy thing to have to do.’
‘You didn’t tell anyone after it happened?’
‘No, Tim, because the next morning there was no body to be seen. Who would have believed me? And Percy would have known I was a witness.’
The boy looked horrified. ‘He would have killed you too!’
Ben hurriedly intervened. ‘But we don’t know that and it’s best you don’t even think about it. Phoebe told me in the end, and that was when we were able to arrest him.’
Turning to Ben, Tim’s voice trembled as he asked, ‘Will Percy be locked up?’
‘Yes, he will, so there’s no need to worry. He will be locked up for a very long time, so he won’t be free to do any more harm.’
The boy got up from the table and flung his arms around his sister. ‘So will you be safe?’
Holding him tightly she assured him. ‘Yes, Tim, I’ll be safe, there’s no need to worry.’
‘We have to go back to court tomorrow, Tim, but when this is all over, Phoebe and I will get married and we’ll all start a new life. Then I can take care of both of you. Now, I don’t know about you, but I’m starving. Let’s lay the table while your sister cooks the potatoes so we can eat.’
When it was time for Tim to go to bed, Ben followed him to the bottom of the stairs. He took hold of the boy by the arm. ‘I want you to know that I will never let anyone harm either you or Phoebe, as long as I live – and that’s a promise.’
The boy held him tightly. ‘I do love you, Ben.’
‘And I love you too, Tim. Now off you go. I’ll see you soon.’
‘Is he going to be all right, do you think?’ asked Phoebe.
‘I think so. It was a lot for the boy to take in, but the fact that he knows you are safe will be enough to settle him, I hope.’ He gathered her to him. ‘It’ll soon be over and we can put it all behind us. Tomorrow will be difficult, because Stanley will be in the witness box and he’ll try to lie his way out of being a murderer.’
‘Will the jury know he has already been in prison for hurting someone?’
‘Grievous bodily harm or GBH, as it’s known. No, they aren’t told about it.’
‘Do you think he’ll get away with a plea of self-defence?’
‘I’ve no idea, but we’ll find out the verdict before long. I’m off to have a bath and get ready for the morning. I’ll see you at the court. Try and get some sleep.’
When she was alone, Phoebe made a cup of tea and settled in the armchair near the fire. It had been a long day and she was weary, but her mind wouldn’t settle. Knowing that Percy was a devious character, she wondered what he’d say when questioned. He’d lie if he had to. Being on oath wouldn’t mean anything to him!
At ten o’clock the next morning, the court was in session, judge and jury in their place. There was a charged atmosphere in the courtroom as the counsel for the defence rose to his feet.
‘I call Percy Stanley to the witness stand.’
The jurors sat forward, looking at him as he left the dock and walked across the room. He was dressed in a somewhat shabby suit and a white shirt and a tie that was slightly askew. He took the oath, and stared at his counsel.
‘You are Percy Leonard Stanley of 31 Orchard Lane, Southampton?’
‘Yes!’
‘You and your late brother made your living as market traders in Kingsland Square market?’
‘Yes.’
‘I’d like you to tell the jury what happened in the market, late on February 2nd.’
‘Frank Clarke came to see me to do some business.’
‘What kind of business?’
‘I had some jewellery I wanted to sell.’
‘Can you please tell the jury why you two argued?’
‘Clarke wanted to buy the stuff at a knock-down price. He was cheating me out of a fair sale, and I objected.’
‘Surely that wasn’t enough to warrant a fight?’
‘No, not on its own, but he disrespected me, and no one does that,’ he stated arrogantly.
‘How did he show his lack of respect?’
‘When I argued about the price he was offering, he laughed at me. He said I should be thankful that he’d made an offer at all, what I was selling was a pittance, hardly worth bothering with, that I was small-time … a nobody!’ Percy couldn’t hide the anger in his voice.
There was a rustling among the jury as they reacted to this.
‘So what happened next?’
‘He insulted me again, so I hit him!’ He glared at the jury as he heard one or two gasp at his remark.
‘Then what happened?’
‘He hit me back, of course! Then we started to fight. He kept hurling insults at me, calling me names and eventually we ended up still fighting, outside the lock-up. I had him on the ground at one point, but he got up and came at me. He looked bloody livi
d, so I took my knife out of my pocket to defend myself. I thought when he saw it, he’d stop but he didn’t, so I had no choice but to use it to save myself.’
‘You say he came at you − the last witness says he just turned to face you and that you used your knife then.’
‘Well, she’s wrong; he came at me in a bloody rage.’
‘Were you in fear for your life, Mr Stanley?’
‘Yes, I was!’
‘Let’s be clear on this point. If Mr Clarke had stopped, would you have used your knife?’
‘No. Of course not! I only used it to scare him. I certainly didn’t intend to kill him.’
‘But why use the knife at all? Couldn’t you have fought him off again with your fists; you’d managed to do so before.’
‘To be honest, I didn’t have the strength. He was in good nick and I don’t mind admitting, he hurt me. I didn’t think I could better him again with my fists. The only thing I had left to defend myself was my knife. I didn’t have a choice or he’d have done for me, of that I’m certain.’
‘No further questions My Lord.’ The counsel returned to his bench and sat down.
James Hardy rose to his feet and stood for a moment staring at Percy before walking slowly over to him.
James smiled at him. ‘You and your brother ran this stall for several years, isn’t that right?’
‘Yes.’
‘Can you make a good living doing this?’
Percy looked puzzled. ‘We get by.’
‘But you don’t make a great profit. Am I right?’
Scowling at James, Percy replied. ‘I’m not a rich man like you. No!’
James chuckled and the jury tittered at this.
‘You say that Mr Clarke came to buy jewellery from you? That was the jewellery that was stolen, I believe?’