At the Dark Hour

by John Wilson

  Adam flushed and was immediately grateful for the tip.

  – As to what will happen next – well, it depends upon whether or not Katya decides to speak. But whatever happens, she is likely to be charged with, and equally likely to be convicted of, treason. And we all know what that is likely to mean. Preston is, however, prosecuting Novak today and he will no doubt attempt to enmesh the two of them in a conspiracy together. So, convict Novak and then deal with Katya Hoffer later.

  – Oh God!

  – I would remind you, Adam, that your client is Novak. Katya Hoffer is not your client. You must do what you can to save him. If I am right and he knew nothing of what Katya had done, it is in his interests that you pin as much of the guilt on her as is possible. Row Novak clear. Look at Novak’s lies to you and find the reasons for those lies. “Cherchez la femme” would be my bloodhound of choice. As for Katya, she must fend for herself – or get whatever help she can from Providence.

  – Thank you, Roly.

  – If she chooses to defend herself by seeking to put all the blame on Novak, then that is her right. You must deal with that.

  – You’re due back on in just under fifteen minutes. I think you ought to go and have a word with your client … and Mr Jones of course.

  Chapter Fifty-nine

  (Wednesday 5th March 1941)

  Adam hurried back down to the Court room, where he found Jones and Novak in a huddle, Novak leaning out from the dock. Jones turned to him and said:

  – He doesn’t believe a word of it. She’s been framed.

  – I don’t think so. Of course, if she denies that the fingerprints are hers then they’ll have to apply to call new evidence and that will be difficult for them because the Crown has closed its case. We’ll have to hear what she has to say.

  Adam turned to Novak.

  – Why would they frame her? They could just as easily have framed you and didn’t do so. Your fingerprints weren’t on the tube. Did you know that she had planted the tube in your room?

  – Of course not. She would not do such a thing. I would have noticed her doing it.

  – Then she has been to your room.

  Novak had slipped up.

  – I … No. Of course she has not.

  – I can’t help you, Mr Novak, if you don’t tell me the truth.

  – I have nothing to say.

  Novak drew back from the edge of the dock, returned to his chair, folded his arms and looked away. At that point the usher called everyone to attention. The hearing was about to resume. Adam returned to Counsels’ row.

  Mr Justice Sherdley entered the court and bowed to the assembly before sitting down. Preston rose to his feet to continue his cross-examination. A pale-faced Katya Hoffer swayed in the witness box before him.

  – Can you please explain to the jury how your fingerprints came to be on this cardboard tube?

  There was another long silence, which Preston allowed to continue. Eventually the judge leaned forward towards the witness and said:

  – Mrs Hoffer. I’m afraid that you must answer the question.

  Still Katya Hoffer said nothing. The jury were leaning forward in their seats. Preston retained his theatrical silence. Suddenly a loud voice said from the back of the Court:

  – With the greatest of respect, my Lord, I must disagree with you.

  Everyone turned in surprise at this declaration. To his utter astonishment Adam saw Blytheway striding towards Counsels’ row, his tapes flapping and his robes billowing out behind him. Preston was looking at the newcomer with a mixture of amazement and irritation at the interference with his performance. He hissed:

  – Blytheway! What the hell do you think you’re doing?!

  – Good morning, sweetheart.

  – Mr Blytheway! This is most irregular!

  Mr Justice Sherdley was very red in the face. Blytheway slipped into the row next to Adam and replied:

  – My Lord, if I have done anything irregular it will be on the transcript and I will be taken to task in due course. I am sure the shorthand writer has taken down everything that has occurred this morning.

  The reference to the transcript pulled the Judge up short.

  – Very well, Mr Blytheway. You had better explain yourself.

  The jurors were confused. Some were looking at Katya Hoffer, others at the Judge or at Preston now seated and seething, and the rest were focusing on Blytheway.

  – Well, my Lord, I just happened to be watching this morning’s proceedings from the public gallery.

  He motioned up to it with his right hand and everyone craned up to where he was indicating, abruptly aware of the other spectators on the drama.

  – And I was watching Mr Preston’s cross-examination of this witness and felt that an injustice was being perpetrated.

  – An injustice?! In my court?! Mr Blytheway. I don’t like what I am hearing. And I must ask: what right have you to be addressing me at all?

  – My Lord. In the first place I put myself forward as an amicus curiae. A friend to the Court for the benefit of the jury.

  The judge threw down his pen in anger. That wouldn’t be caught on the transcript. He spoke coldly and with controlled fury.

  – In other words, Mr Blytheway, you have come into my court with the intention of telling me how I should be running it?

  – My Lord, yes.

  – How dare you …!

  But Blytheway continued before the Judge could finish his sentence.

  – You see, my Lord, it seems to me that, before this witness answers the question that has been asked of her, she should be reminded, preferably by the Court, that she has a privilege against self-incrimination. She does not need to answer questions that may tend to incriminate her. And yet, unless I missed something, I do not believe that she was given such a reminder, by your Lordship or anyone else, including Mr Preston.

  – Ah …

  Mr Justice Sherdley realised that Blytheway had caught him out. He looked down at the shorthand writer as she patiently recorded his exchange with counsel.

  – It seemed to me also that whilst Mr Preston’s underhand methods of trying to entrap this vulnerable young woman might attract the opprobrium of this Court –

  He paused and gazed down at Preston with something approaching condescension.

  – it seems to me that he has also committed a cardinal error.

  Preston was on his feet.

  – My Lord! I must object to these attacks on my professionalism!

  Blytheway looked at him and with a languid waving motion of his left hand bade him sit down. To Adam’s surprise, Preston subsided.

  – You see, my Lord, although I was not here yesterday, it seems to be comparatively clear that the prosecution has closed its case. Mr Preston cannot willy-nilly attempt to introduce further evidence.

  – Yes. Mr Blytheway. I see the point you are making.

  – But it goes further than that, my Lord. It was not just a matter of attempting to introduce further evidence. Mr Preston made no application to your Lordship to do that and, worse than that, he purported to give evidence himself. He told the jury that fingerprints had been taken from the glass. He told the jury that those fingerprints matched those on the cardboard tube. But we have seen no forensic evidence of this. It was, with respect to Mr Preston, entirely improper for him to put such thoughts into the mind of the jury without doing so properly. Particularly in a capital trial.

  Blytheway spoke with charming reasonableness. Adam stole a glance at the jury. If they had been looking in all directions a few moments earlier, they were now entirely concentrating on Roly. One or two of them threw a suspicious glance in the direction of Preston – was it right that he had been attempting to cheat? Adam sensed the beginnings of a shift in their allegiance from Preston to this surprising newcomer. The Judge looked down at Preston.

  – Well, Mr Preston. I think Mr Blytheway has a point. Several points in fact. What do you say?

  – My Lord. This is preposte
rous. There is no doubt in my mind that if Mrs Hoffer were to answer my question it would become clear that her fingerprints were indeed on the cardboard. Mr Blytheway is relying on legal technicalities.

  – But we have “legal technicalities” for a reason, Mr Preston, particularly in cases such as the present. And it is right that neither you nor I reminded Mrs Hoffer of her right to remain silent. Should she choose to do so there would be no admissible evidence that her fingerprints were on the cardboard and yet you have put that thought into the minds of the jury without admissible evidence.

  For the first time in the trial – for the first time since he had known Preston – Adam saw him becoming flustered. The Judge turned back to Blytheway.

  – Well, Mr Blytheway. May I ask you … in your role as amicus … where we go from here?

  – My Lord, it is not simply a matter for me, or for the Court. It seems to me – and I am sure that this is the point that Mr Falling is waiting to make – that Mr Novak would be entitled to have a new trial. He would be entitled to have this jury discharged. For Mr Preston has, quite wrongly, put it into their minds that Mrs Hoffer is a conspirator with Mr Novak in the commission of the crimes that are alleged.

  – Yes. I see. Mr Falling?

  – Before Mr Falling addresses you, my Lord – Blytheway hurried quickly on – there is another possibility that should be addressed. That is that the trial could continue on the basis that I represent Mrs Hoffer.

  – But Mr Blytheway, she is not on trial. She is a mere witness.

  – A witness whom Mr Preston seeks to incriminate with the most serious of crimes out of her own mouth.

  – But she has not sought you out as her counsel. She has no solicitors. You, as you have told me, are here merely as amicus to the court.

  Roly looked for the first time towards Katya Hoffer and everyone else followed his gaze. It was as though in all this drama they had forgotten that she was still standing there. Bewildered, she looked at Blytheway and then at the jurors behind him, not saying a word.

  – When I addressed you earlier, my Lord, I said that “in the first place” I put myself forward as an amicus.

  – And how else do you propose “putting yourself forward”?

  – It seems to me, my Lord, that in the unusual position we find ourselves in, Mrs Hoffer might be entitled to the benefit of a dock brief. I would be prepared to represent her on the usual basis for a nominal fee. If it pleases her, that is.

  Mr Preston was losing control of the situation. He climbed to his feet again.

  – But my Lord. This cannot be accepted. Mrs Hoffer is in the middle of her evidence. She cannot discuss her evidence with anyone until she is finished.

  Blytheway, who had seated himself during Preston’s latest intervention, rose languidly to his feet once more and, in a manner that treated Preston’s comments as those of a schoolboy, said:

  – My Lord. If Mr Preston is to take such a stance then it seems to me that there is no alternative to this whole trial being abandoned. We must start all over again with a new jury and Mrs Hoffer will be released from her testamentary oath at which point I will speak with her – if it pleases her of course. There’s more than one way to skin a cat, if you’ll forgive the vernacular. If Mr Preston is not prepared to let me speak with this witness, then so be it. But it is very much in his interests to let me do so.

  – Before we go any further, Mr Blytheway, it is probably sensible to discover whether Mrs Hoffer actually wants your assistance.

  The judge turned his attention to the witness.

  – Mrs Hoffer. Have you been able to follow these exchanges? Mr Blytheway is making the extremely generous offer to represent you if these proceedings continue. Would you like him to do so?

  Katya Hoffer’s eyes looked bruised. Her face was white. She bit her lip and nodded mutely.

  – For the benefit of the transcript, the witness is nodding her head,

  said the Judge; and then to Adam:

  – Mr Falling. I haven’t heard from you yet. Are you asking for this trial to be abandoned and the jury discharged?

  Adam rose to his feet. Next to him Roly had written in large letters on a spare sheet of paper “Not Yet!”

  – My Lord, I would like to reserve my position on that. Obviously, if Mr Preston does not agree to Mr Blytheway speaking with Mrs Hoffer, I will have no alternative but to do so. It may be that, even if he is allowed to do so, I will want to make that application. I would prefer to see whether or not Mr Preston will indeed permit Mr Blytheway to speak with Mrs Hoffer at this stage.

  The Judge turned to Preston.

  – Well, Mr Preston, are you prepared to let Mr Blytheway speak with the witness, notwithstanding the fact that she is still on oath? It does seem to me that the only alternative is the abandonment of the trial.

  – My Lord, reluctantly, yes.

  Preston was furious. The jury were enthralled. Novak was confused. Katya was weeping. Adam’s head was spinning. Blytheway stood again.

  – I’m grateful to Mr Preston, my Lord. May I therefore ask, on behalf of Mrs Hoffer, that the Court adjourns until 2 p.m.

  Chapter Sixty

  (Wednesday 5th March 1941)

  It was quarter to two. Adam was sitting in the corner of the robing room, face to the wall, chain-smoking and going over his notes. He and Jones spent the first hour after the adjournment going over things with Novak. The latter was sticking to his story although it was becoming increasingly untenable. Finally, Adam had retreated to the robing room. Blytheway had swept out of court and as Adam emerged he saw him disappearing down the corridor, one arm on Katya Hoffer’s elbow whilst Milo Hoffer looked on bemused. He felt a hand on his shoulder and jumped. Startled, he turned to find himself face to face with Roly, wig in hand. He sat down next to Adam.

  – Adam, I must speak quickly.

  – Roly. I’m sorry. I should never have called Katya.

  – It’s done. We must deal with the consequences. One of those is that, if things remains as they are Novak will be convicted, Katya will be arrested and most likely she will also be convicted. If you apply for an adjournment – and I appreciate that is wholly a matter for you – we will have succeeded in embarrassing Preston but we will be no further forward. On the contrary, he will get his evidential tackle in order and most probably ensure that in any new trial my client is in the dock with your client. And they may well both go down.

  – What are you proposing?

  – There have been too many lies in this case, Adam. The truth has to come out – sooner rather than later.

  – I thought you believed that truth had nothing to do with anything.

  – That’s not quite the way I put it. In any event, I have had a long discussion with Katya Hoffer. She’s a very bright young lady. I have persuaded her that the time has come to tell the truth. It will help that Mr Hoffer will not be in court to hear what she has to say. It may then be necessary for you to ask for permission to recall your client. I think that if Katya tells the truth then your client may no longer feel constrained to lie.

  – Her fingerprints are on the tube aren’t they?

  – But of course. That is a fact that I cannot get round. But it will be more difficult to deal with in the future, if it is not grasped now.

  – But how can it be in your client’s interests for her to tell the truth if that will mean that she is then arrested and tried?

  – She will be anyway now. I have a far better chance of getting her off any subsequent charges if she tells the truth now and she is not … hampered … in any further trial by the presence of Novak. So we shall do what the prosecution have been trying to do: divide and rule. I would suggest that you don’t apply to have the jury discharged. Now I must go.

  – But Roly, you know virtually nothing about the case.

  – On the contrary, you have been showing me your notes of the evidence and I took an opportunity – forgive me – to read through your papers in an idle hour last wee
k.

  Blytheway stood up, put his wig back on and began adjusting it. As he was about to leave, Adam said:

  – Roly. Why are you doing this?

  – A spontaneous decision, dear boy.

  – No, I mean why are you representing Katya for practically nothing – representing me for absolutely nothing for that matter?

  He sat down again, looked into Adam’s eyes, a look of deep seriousness on his face, and put his hand on Adam’s shoulder.

  – It’s something I am rather ashamed of. If I tell you will you treat everything I say in complete confidence?

  – Of course.

  – The fact is, Adam … I’ve been dreadfully bored! Look at my situation. I have been able to earn an enormous amount of money over the years and have no familial obligations. I have little to spend it on now – and they’ll be introducing clothes rationing next! People are continuing to pay enormous amounts of money for something that I enjoy but find too easy. I will never be promoted to silk. I will never become a judge. What would you do in my situation?

  – Well. I’m very grateful.

  – And besides, I don’t like Pemberton and I don’t like Preston.

  Blytheway got up again and was walking towards the exit when Adam shouted after him:

  – Roly if your decision was so spontaneous, why had you put your robes in the robing room?

  – Tactical spontaneity, dear boy. Tactical spontaneity.

  Chapter Sixty-one

  (Wednesday 5th March 1941)