The Guinea Thief - Chapter 14 Trial and Tribulation (Part One)

The courtroom was packed to the rafters. The judge, the Honourable Mr Justice Johnson was a colourful character in all senses of the words. Sir Toby’s rosy cheeks and bulging waistline were testimony to his many years enjoyment of the finest food and wine that England could offer. His friends might say he was reaping the rewards of a life well spent, his enemies might say he was a glutton. His flowing wigs were showing signs of the years of long use, and the style was definitely more Stuart than Georgian with resplendent King Charles curls. To finish the picture he was accompanied wherever he went by Jasper his faithful spaniel, who on occasion had been known to take a dislike to certain defendants and officers of the law. It was rumoured that he believed Jasper to be a fair judge of character, fairer by far than most lawyers. A constant stream of tidbits was regularly provided to ensure that Jasper remained at his master’s feet throughout even the longest trial. Unlike some of his colleagues his dedication to justice was almost as renowned as his stomach. Once convinced of a defendants guilt he was quick to sentence in a way that was intended to deter any repeat offences not only by the villain concerned but anyone else in Hampshire. He ran his courtroom with a sense of diligent purpose, seeking the truth and not swayed by position or rumour. He was in truth the best judge on the circuit that Robert could have hoped for, and perhaps Georges or the Comte had at least kept that end of the bargain.
Delphine and Jack took their seats near the front of the court. The judge was seated under the royal court of arms, the clerk to his left, his dog to the right. In front of Jack and Delphine were two sets of lawyers both talking in low voices. Once everyone had taken their seats the judge banged his gravel on the desk and called the court to order. Robert was brought into the courtroom, his hands bound together. He looked tired and old. The months of waiting in the prison hulk had clearly taken their toll.
The clerk stood up.
“Robert Goody you have been indicted for the willful murder of Captain David Adair, Riding Officer of His Majesty’s Excise Service. It is charged that on the 28th of October in the twenty-fourth year of his Majesty's reign, Anno Domini eighteen hundred and one, you feloniously, willfully, and with malice aforethought, did kill and murder, the aforesaid David Adair.”
“Thank you Mr Bell.” Sir Toby turned to the jury on his right.
“Gentlemen of the Jury, it becomes my duty to address you, and to call your particular attention the importance of the case which is now brought before you. The crime that is imputed to the gentleman at the bar is as you well know, one of the greatest magnitude that can be committed upon society, that of wilfully and maliciously depriving a fellow-creature of his life; and, I flatter myself, you are sufficiently acquainted with the principles and the administration of criminal justice, to be perfectly satisfied in your own minds, without its being suggested by me or any other person, that in proportion to the magnitude of the crime charged, the guide to your judgment ought to be the clearness and precision of the evidence, whereby that charge is supported.
“Gentlemen, to you is entrusted a very important duty; on the one hand, is committed to you, the protection of the life of the prisoner at the bar, against light suspicions, or unfounded accusations; on the other, the administration of justice, and the support of those laws of your country which are calculated for the protection of the innocent, as well as the punishment of the guilty. We entrust to your hands alone the administration of justice in mercy. When I say justice in mercy, although mercy is a principle which ought never to be lost sight of in the administration of criminal affairs, yet that mercy must be directed solely by the principles of wisdom and of justice; in the consideration of every fact laid before you, where any matter of doubt shall occur to your minds, it is your duty to avail yourselves of that presumption in favour of innocence, which is the principle of the law of England.”
Sir Toby turned his attention to the lawyers in front of him.
“Mr Fielding you are acting as the prosecuting counsel in this case.”
“ I am Milord.”
“Please proceed with laying before us the crowns evidence against the defendant Mr Robert Goody.”
“Thank you your Honour. Gentlemen of the jury, I would like to take a moment for you to reflect upon the words of the Honourable Mr Justice Johnson. I am sure you will be inclined to be guided by the direction of this learned Judge from whom you will receive the most satisfactory information. As he has said, today you are called upon to perform a painful duty; but it is an honourable duty to those who faithfully perform it. I urge you to pay a diligent attention to the facts I will be lay before you in evidence; and the directions that you will receive from the His Honour with respect to the law that is applicable to those facts; because it is by these alone that the judgments that you are to form ought to be directed. You are to pay no regard to any facts or rumours that may have reached your ears; except those that shall be substantiated upon oath, by evidence in open Court; and, in forming your judgments upon the legal operation of those facts, for or against the prisoner Gentleman. For my part it is my duty to direct your attention to the material circumstances of the case and to display what I believe to be satisfactory evidence that the case against Mr Robert Goody is proven. If I succeed you well know that it is not your duty to shut your eyes against such clear and satisfactory evidence; or to decline, upon any principles of false tenderness, the discharge of a painful duty. If the effect of the evidence should be such, as when applied to the known laws of the kingdom, that you are satisfied that the prisoner has been guilty of a breach of those laws, in the point alledged by this indictment, it will be your duty to pronounce a conscientious verdict and to find the prisoner guilty. God forbid you should be led to that verdict by anything but the clearest and most satisfactory evidence. In laying before you the circumstances of the matter before us I will have fulfilled my duty; and after having discharged that duty, no man will feel more satisfaction than myself, if, upon the result of the whole of the evidence, you shall find yourselves fairly justified before God and your Country in delivering the prisoner from the heavy charge with which he stands accused.”
At last the Prosecuting council sat down.
Delphine turned to Jack and whispered. “What did they say?”
“To be honest I’m not really sure. I know it was English, but it didn’t sound like English. It was like they were talking in Latin.”
“Call the first witness.” said Mr Bell the clerk.
“The first witness is Mr John Douglas.”
The clerk took Douglas’oath on the bible. Douglas was a thickset stocky man, brown hair, weather beaten face. He looked like he could handle a boat and a man equally well, though perhaps a woman might perplex him.
“Mr Douglas, please tell us of the events which occurred on that fateful night 28th October last.” said Mr Fielding for the prosecution..
“I belong to the Antigone; I am the chief mate. The Antigone is an excise vessel with responsibility for protecting Langstone Harbour. On the night of October 28th last I was on board ship, we had received word that a notorious gang of smugglers led by the defendant Robert Goody were landing a special cargo that night. We had set out from Portsmouth late on the evening tide. There was no moon, smugglers often time their runs for the dark of the moon. We followed a cutter from Langstone and it headed out towards the Solent and the Isle of Wight. I grew suspicious and gave the order to turn back to Langstone.”
“Can you tell us who had given you the information about the special cargo?”
“I’m afraid that I am not at liberty to disclose that in public. My source would be put in grave danger.”
“I understand. Please continue.”
“We returned to Langstone Harbour and tied up at the jetty hard by Warblington church. There did not appear to be anything suspicious occurring on the shore, so I took a party of men and marines to search inland. I guessed that the cutter we followed was a decoy and the real smuggler’s vessel had given us the slip. When we got to the church we found that the west door was open and inside I discovered the accused covered in blood with Captain Adair laid out on the top of a tomb.
“What condition was Captain Adair in at this time?” asked Mr Fielding.
“He was alive but mortally wounded. It was clear he had only moments left. He had a bullet wound to the chest and had been bleeding profusely.”
“Was he conscious and unable to tell you what had happened?”
“He was barely conscious and could not speak.”
“At this time was anyone else present in the Church with the accused?”
“No sir he was quite alone.”
“What happened next?”
“The accused stood up and said he had sent for a priest. He offered up no resistance and one of the marines in our party bound the accused by the hands.”
“Did the accused confess to the murder of the Captain?”
“No Sir he did not.”
“Did he offer up any explanation?”
“He refused to answer our questions.”
“And the priest, did he come as the accused had stated?”
“Yes Sir the priest came presently and offered up the last rites. The accused insisted on staying with Adair until he had seen this was done.”
“And the priest, I believe he is here to testify today?”
The clerk stood up. “Indeed he is. Your Honour the Right Reverend John Bishop is the next witness.”
“Thank you Mr Bell. Mr Douglas, your testimony has been most helpful.” said the Honourable Justice Johnson. “Mr Ashurst as the defendants counsel do you have any questions for Mr Douglas.”
Mr Ahsurst rose to his fall height, he was almost six foot tall. “Indeed I do Sir.”
He stopped a moment to take a sip of water, put one hand behind his back and arched his shoulders back.
“Mr Douglas, did you or any of your crew see Mr Goody shoot Mr Adair?
“No Sir I did not, it must have happened before we landed.”
“So you did not see the murder, but you did find Mr Goody tending to the dying man?”
“Yes that is correct.”
“And the fatal wound to Captain Adair was caused by a gunshot you said?”
“Yes Sir”
“By what sort of weapon would you say he was shot?”
“Judging by the wound I would say a pistol rather than a musket.”
“And were you able to locate this pistol on Mr Goody’s person?”

“No Sir I did not.”
“Did you search the area for the missing weapon.?”
“It was dark sir, we looked but we failed to find anything.”
“And subsequently was a search carried out in more favourable conditions?”
“Subsequently I believe a search was made but nothing was been found. However I would say that the accused would most likely have thrown the pistol into the sea and it is now lost forever.”
“That is a complete supposition is it not? Do you have absolute proof that Mr Goody ever possessed such a weapon?”
“No Sir I do not. But he is smuggler.”
“I see. Personally I cannot comment on the predisposition of smugglers to the carrying of firearms. As an excise officer perhaps you can enlighten me, do all smugglers carry guns?”
Douglas reluctantly shook his head. “No Sir. There are some who does not.”
“So let’s recap. You discovered Mr Goody with Captain Adair after he had been shot. Clearly some time had passed between the shooting and your arrival as you had not heard the shot fired and could not locate a weapon. I think gentleman of the jury you must agree that being found tending to a dying man is not the same thing as actually being there when he was shot. Otherwise I could suggest that perhaps it was you or one of your men who had shot Captian Adair. Secondly Mr Goody was not found to be in possession of the gun which inflicted the fatal wound on Mr Adair.”
“But he must have done it”
“Mr Douglass, I think by your own admission that is not proven.”
Mr Ashurst took another sip of water. Mr Douglas waited for another question, but it did not come.
“Mr Ashurst have you now completed you examination of this witness?” asked the judge.
“I have your Honour.”