It had been a tiring day.
Maskell was a short, stout man with shrewd brown eyes and an immense air of dignity. He was introduced to me just before the charge was laid and did not seem at all perturbed at the prospect of acting for a criminal. The law is a strange profession in which ordinary morality goes by the board; a well liked and generally respected barrister will fight like a tiger for his client, who may well be a murderer or a rapist, and will receive well-merited congratulations on an acquittal. Then he will go home and write a letter to the editor of The Times fulminating about the rise in crime. A schizophrenic profession.
I said as much to Maskell once when I knew him better. He said gently, ‘Mr Rearden, to me you are neither guilty nor innocent – the people who decide that are the twelve men in the box. I am here to find out the facts in a case and to present them to a barrister who will conduct the argument – and I do it for money.’
We were in court at the time and he waved his hand largely. ‘Who says crime doesn’t pay?’ he asked cynically. ‘Taking all in all, from the court ushers to his Lordship up there, there are at least fifty people directly involved in this case, and they’re all making a living out of it. Some, such as myself and his Lordship, make a better living than others. We do very well out of people like you, Mr Rearden.’
But at this time I didn’t know Maskell at all. It was a hurried introduction, and he said hastily, ‘We will talk in more detail later. First we must find what this is all about.’
So I was taken and charged. I won’t go into all the legal language but what it all boiled down to was robbery with violence – an assault on the person of John Edward Harte, an employee of the GPO, and the theft of diamonds, the property of Lewis and van Veldenkamp, Ltd, valued at £173,000.
I nearly burst out laughing at that. It had been a bigger haul than Mackintosh had expected, unless Mr Lewis and Meneer van Veldenkamp were trying to sting their insurance company. But I kept a straight face and when it was over I turned to Maskell and asked, ‘What now?’
‘I’ll see you in the Magistrates’ Court in about an hour. That will be a mere formality.’ He rubbed his chin. ‘There’s a lot of money involved here. Have the police recovered the diamonds?’
‘You’d better ask them. I know nothing about any diamonds.’
‘Indeed! I must tell you that if the diamonds are still – shall we say at large? – then it will be very difficult for me to get you out on bail. But I will try.’
The proceedings in the Magistrates’ Court were brief, lasting for about three minutes. They would have been even briefer but Brunskill got on his hind legs and argued against the granting of bail. ‘The diamonds have not yet been recovered, your Honour, and if the prisoner is released on bail I fear they never will be. Further, if the prisoner had not been apprehended last night he would have been in Switzerland this morning.’
The magistrate flapped his hand. ‘You think the prisoner will jump bail?’
‘I do,’ said Brunskill firmly. ‘And there is one thing more, the prisoner is in the dock on a charge of violence and he has a police record in which violence figures largely. I fear the intimidation of witnesses.’
He nearly overreached himself. ‘You think he will leave the country and intimidate witnesses?’ asked the magistrate with polite incredulity. ‘I doubt if his violent arm would reach so far. However, on the balance of evidence and especially in respect of the missing property I am inclined to agree with you. Bail is denied.’
Brunskill sat down and Maskell shrugged and stuffed some papers back into his briefcase. And so I was remanded for trial at the Central Criminal Court. I was going to see the inside of the Old Bailey, after all.
Maskell had a few words with me before I was taken away. ‘Now I can find out the strength of the police case against you. I’ll have a word with the prosecution and then you and I can sit down together and discuss this whole thing. If you want anything ask that I be informed, but I shall probably see you tomorrow, anyway.’
A prisoner on remand is theoretically an innocent man. Practically, he is regarded neutrally as neither guilty nor innocent. The food was good, the bed soft and there were no irksome restrictions – except one. I couldn’t get out of the nick. Still, you can’t have everything.
Maskell came to see me the following afternoon and we sat in one of the interviewing rooms. He regarded me thoughtfully, then said, ‘The case against you is very strong, Mr Rearden; very strong, indeed. Unless you can prove conclusively and without equivocation that you could not have committed this crime, then I fear you will be convicted.’
I was about to speak, but he raised his hand. ‘But we can go into that later. First things first. Now, have you any money?’
‘About a hundred and fifty pounds. But I haven’t paid my hotel bill – I wasn’t given the chance. I don’t want hotel bilking to be added to the charge sheet, so it’ll be nearer a hundred pounds I have to play around with.’
Maskell nodded. ‘As you may know, my own fee has been taken care of. But I am not the man who will fight your case in court; that will be done by a barrister, and barristers come even more expensive than I do, especially barristers of the calibre needed to win this case. A hundred pounds would come nowhere near the amount necessary.’
I shrugged. ‘I’m sorry; it’s all I’ve got.’ That wasn’t exactly true but I could see that even the best barrister in the business couldn’t get me out of this one and there wasn’t any point in throwing my money away.
‘I see. Well, there is provision for a case like yours. A barrister will be appointed by the Court to act for you. The trouble is that he will be not of your choice; yet I am not without influence and I will see if I have any strings to pull that will get us the best man.’
He took a folder from his briefcase and opened it. ‘I want you to tell me exactly what you did on the morning in question.’ He paused. ‘I already know you did not have breakfast at your hotel.’
‘I didn’t sleep well that night,’ I said. ‘So I got up early and took a walk.’
Maskell sighed. ‘And where did you walk to, Mr Rearden?’
I thought it out. ‘I went into Hyde Park and walked up as far as the Round Pond. There’s a famous building up there – Kensington Palace – but it was closed. It was very early in the morning.’
‘I shouldn’t imagine there would be many people in Hyde Park or Kensington Gardens so early. Did you speak to anyone – make enquiries – at Kensington Palace? Did you ask the time of opening, for instance?’
‘There wasn’t anyone around to ask.’
‘Very well; what did you do then?’
‘I walked back through the park to Hyde Park Corner and over into Green Park. Then up Bond Street into Oxford Street. I was doing a bit of window shopping, you see.’
‘And what time would this be?’
‘Oh, I don’t know. Say, about nine fifteen. I was dawdling a bit. I had a look at a place called Burlington Arcade, then I went on up Bond Street looking at the shops, as I said. It’s marvellous – nothing like it in South Africa.’
‘And you didn’t speak to anyone at all?’
‘If I’d known I needed an alibi I would have,’ I said bitterly.
‘Just so,’ said Maskell. ‘So you arrived