“Constable Kirkwood, on the evening of May twelfth did you attend at the wreckage of Doctor Porter’s livery?”
“Yes, sir I did.’
“And what did you find?”
“I found the carriage badly smashed up and rolled on its side. The two horses had been injured, one was hobbled to the ground, the other stood gasping and bleeding from the bit.”
Did you find the defendant at the scene?”
“Yes I did. He was standing about twenty yards off in a field looking away toward the distance.’
“Did you then charge and arrest him?”
“Yes sir, I did. I charged him with theft of the livery and evading arrest.”
“How had did you know that he had evaded arrest?”
“Simple sir, the police signals had been calling for nearly an hour.”
“And how had they been signaled Constable.
“Our whistle codes sir. You could hear ‘em all over the countryside - three long blasts followed by one short one.”
“And what would that signal mean to you, Constable?”
“It means a villain has escaped custody and is on the loose.”
Pointing directly at Danny Carlton, he escalated his assault. “How did you know that this man was wanted by the police?”
“The theft of Doctor Porter’s livery had been reported earlier so we had their names. We was all on the look out for them two young villains, sir.”
“And did you know these boys by sight?”
“Yes sir, I did. Daniel Pulbrook there and young Philip Clark. We had other occasions when we arrested these boys.”
“And were they brought to court and tried for those offences?”
“No sir, we left ‘em off with a warning.”
“A well- intentioned gesture, no doubt Constable but with no good result. So they turned their backs on your benevolence.”
“Yes, sir, they had every chance to turn for the good, but they chose the criminal path.”
“Your witness Mister Graham.”
Graham half-stood and then immediately sat down again in one simple sweeping motion, “No questions, M’lord.”
Mr. Carlton stood slowly and deliberately up from his seat, stared up triumphantly toward Danny and announced, “My Lord, the Crown rests.”
Sir Arthur Langdon nodded in full agreement and glanced at the clock on the rear wall just below the prisoner box. “Good,” he snorted at Carlton the turned to the defense. “Now Mister Graham, do you have any witnesses you wish to call?”
Graham eased to his feet still looking down at a document on his desk. “Yes, m’lord I have three witnesses to call.”
“Did any of them actually witness the crime?”
“No, M’lord. These are more in the nature of character witnesses for the defendant.”
“Now then, Mister Graham. I think that in the interests of brevity we could reduce your witness list to one. After all they will all say the same thing, ‘he’s a fine young lad who meant no harm, so please be lenient et cetera, et cetera,’ Langdon then paused for affect, “I think one witness should suffice, Mister Graham. Please proceed.”
“Very well, My Lord. Trusting in Your Honour’s renowned spirit of compassion, I shall call but one witness to speak for the defendant - Mister David Jamieson.”
David Jamieson rose up slowly from the first bench on the left and walked quietly to the witness box. He paused, nodded briefly toward the judge, raised his right hand and listened intently to the oath, “I will, ”he murmured barely above whisper.
“Speak up, man,” Sir Arthur roared, “If you won’t speak up we shall hear no testimony from you whatever.”
“I will,” Jamieson snapped and glared back toward the bench. “H’rmph, indeed!” Another pause. “Take your seat Mister Jamieson. Mr. Graham, brevity if you please.”
Graham stood and gazed down to a page of notes. “Thank-you, m’lord. I’ll do my best.”
“Yes, see that you do.”
Graham lifted his head and turned toward Jamieson and spoke in a most deferential tone. “Mr. Jamieson, how for how long have you known the defendant, Daniel Pulbrook?”
“Nearly two years, sir.”
“No need to ‘sir’ Mister Graham,” Sir Charles lectured. “I am the only one here the King has knighted.”
Jamieson waited then stared back toward Sir Arthur nodded and muttered, “Yes, indeed M’lord.” Graham softly cleared his throat and continued, “Was the defendant in your employ?”
“Yes”
“For how long have you employed him?”
“Oh for goodness sake, Graham, whatever has this to do with the crimes he’s facing today?”
“M’lord, I only wish to establish that the defendant is a young man of good character, well-liked and trusted by his employer.”
“That may be Mister Graham - again I ask you, how does that have any bearing on these charges?”
The entire court fell silent as all eyes stared directly at Graham. “None directly, M’lord, but I do think it’s important that the jury is aware of the boy’s good character. He is an orphan struggling to make his way and has never been charged before with even a misdemeanor.”
Sir Arthur’s eyes bulged again as he turned to glare hard at Danny.
“An orphan eh, well that will explain it,” he stormed.
A blue pall hung over the court as if cursed by God. Graham quietly repented his words as quickly as he had spoken them. “Damn orphans - they’re all born criminals, everyone of ‘em, filling up our jails, burdening our churches, costing the crown millions of pounds a year.” There was an agonizing pause as Sir Arthur set his gavel down and removed his spectacles. “Are you aware Mister Graham, of the great number of important gentlemen from the very best families in England who have been grievously accused of fathering these pathetic wretches. Women of easy virtue slandering these fine gentlemen and causing needless pain and suffering to their poor wives and families?” His voice now rose in agitation, “Why, even a member of my own good family was once accused of such nonsense, and to what end, Mister Graham, I ask you? Burdening our churches ‘til every welcome farthing of charity is spent to feed and clothe ‘em. I tell you we were all far better off when we ship‘em off to the furthest Godforsaken far-flung corner of the Empire, to Australia or Kenya or
Still fuming, his jowls vibrating, Sir Arthur then paused, regained his composure and turned his head to target Graham.
“Now, I ask you again Mister Graham, “Has this witness any direct testimony relevant to the charges in this case?”
Graham did not hesitate one second, “No M’lord, no direct evidence.” Mr. Carlton then quietly rose as if to intervene to save the day. “If it please the court,” he spoke calmly, “in the interest of brevity the Crown will stipulate that the defendant was, until charged, known to be a person of good character by his former employer.”
Sir Arthur waited, then nodded, rubbed his chin and turned his stare toward Graham. “Thank-you indeed Mister Carlton, the witness is excused. Anything more Mister Graham?”
“No, M’lord, the defense rests.”