A Greater World (33 page)

Meanwhile the legal costs were running up and her conversation with the bank manager left her with the unequivocal conclusion that Jack Kidd's fortune was all but exhausted. He'd made generous settlements on Harriet and Will, spent significant sums purchasing land adjacent to Wilton's Creek and the declining fortunes of the colliery meant there was little left. Perhaps he'd known this? Perhaps he hadn't really cared? She decided to act now and worry about Kidd's reaction later. She accepted a good offer for Kinross House and the best she could get for Wilton's Creek and in their place rented a modest 4-room single storey house in the town. The buyer of Kinross House, a retired doctor from Sydney, was happy to take on Mr and Mrs Oates and the cook, so Elizabeth was able to walk away with a clear conscience and a much-reduced list of monthly outgoings. Mary agreed to accompany her and would be the only servant, helping prepare simple meals, and doing general housekeeping.

All the while, she worried about the looming trial. Her efforts to engage Kidd in discussion of his case were rebuffed. Finally Cody, the lawyer, sent a request for her to attend his chambers.

It was with a mixture of relief and trepidation that she mounted the steps to the large brick building a few yards from the Court House. It smelled of old books, leather and pipe tobacco. The reception room where the clerk told her to wait was sombre: the walls were painted in a deep forest green, broken up by heavy gilt-framed, badly executed portraits of old men in wigs and court robes and the floor was covered in a dark, burgundy, patterned carpet that seemed to suck in what little light there was in the room. A line of stiff backed, upright, wooden chairs with leather upholstered seats, were lined up against one wall, so that sitting there she felt under the scrutiny of the stern portraits on all the others.

After keeping her waiting half an hour, the elderly clerk returned and asked her to follow him. He led her through an anteroom into the large but equally gloomy office of Mr Herbert Cody KC. He rose from behind the piles of briefs stacked on the desktop and reached out to shake her hand, then motioned her brusquely to the chair in front of his desk.

'I'll try not to make this too protracted, Mrs Kidd.' His voice was arrogant and patrician in nature and she could detect a slight curl of the lip as he spoke.

'As you are doubtless aware, if your husband is found guilty of capital murder, there is an automatic death sentence which the judge will apply.'

She was about to speak, but he ignored her and continued, addressing his words to a point just above the top of her hat.

'I intend to make the case that Mr Kidd whilst in
actus reus
was not in
mens rea
. Which, to put in words that you will, I hope, understand, means that while he may have performed the act of killing Nathaniel Kidd he did not do so with criminal intent. I will draw the jury's attention to the fact that the victim was in the process of attacking your stepson with a knife and indeed occasioned serious bodily harm to the young man, hence your husband acted in an involuntary manner due to severe provocation and an instinctive desire to protect you both.'

'And how will the jury respond to that?'

'That, Mrs Kidd, is an unanswerable question. Every jury is different. How a member of a jury responds may depend on whether he ate a hearty breakfast, or likes the look of the defendant. It also depends on how the judge directs them. He will be guided by the law – but again if his toast was burnt or he has indigestion...' He chuckled and looked rather pleased with himself.

'You've made your point, Mr Cody. Please don't labour it. We're talking about my husband's life.'

The lawyer looked irritated and leaned back in his chair, directing his gaze at the ceiling.

'Your husband has indicated he does not wish you to be called as a witness.'

'He told me I couldn't be called. Something about spousal incompetence. Are you saying now that I could and my testimony might help him?'

'You can and it might, although juries tend to assume that a spouse will support her husband and may ignore what you say. On the other hand, if you don't testify, they could place a negative interpretation on it. If we do not call you to the stand, the prosecution cannot do so. That is what is meant by spousal incompetence. You can't be forced to testify against your spouse – but you can testify in favour. I imagine Mr Kidd was trying to save you from an ordeal when he told you that you would not be allowed to speak.'

'Then I will testify.'

'You realise that if you do, the prosecution will be permitted to cross examine you.'

'Let them. I have nothing to hide.'

Chapter Twenty-Three – In Court

Elizabeth couldn't help herself: she didn't want to tempt fate but she couldn't stop feeling a growing sense that everything was going the right way. The court had been sitting for two days. The prosecutor, an elderly man who kept fiddling with his small moustache, seemed to have a great deal of difficulty finding what he was looking for in his papers. He appeared distracted, even bored by the proceedings and had not built a convincing case that Jack Kidd was a cold-blooded murderer. He kept pushing his ill-fitting wig higher up his brow, only for it to find its way back down again a few minutes later. It was clear from their expressions that the jury were unimpressed by his performance.

For the defence, Cody produced a procession of witnesses, some testifying to the good moral character of Jack Kidd and others to the thoroughly bad character of his eldest son. She had to hand it to Cody, pompous as he may have been, he was doing a good job. Nat Kidd was convincingly shown to have been a drunkard, a womaniser and a troublemaker. The general sentiment among the crowds packing the public gallery was that if he had been on fire, they would not have bothered to throw a bucket of water over him.

The latest witness was a woman who had been Nat's landlady for a few weeks, until she had thrown his bags onto the street after one drunken episode too many. Elizabeth studied the faces of the jury. The twelve men were listening intently and frowned in disapproval when the woman spoke of Nat Kidd's behaviour. It was definitely going well.

A pale and subdued William Kidd was called to the witness stand and answered everything put to him in a straightforward and polite manner that also appeared to be playing well with the jury. He described how he had ridden out to Wilton's Creek on his pony from McDonald Falls, in order to stay with his stepmother, who was mourning the death of her children. He told the court that when his father had found out Nat had returned to the area he didn't want to leave Mrs Kidd unprotected. On arriving at the smallholding, he found Nat physically attacking Mrs Kidd.

In response to Cody's questioning he said, 'He was holding her very roughly. She was struggling to get away and her blouse was torn open. I tried to drag him off her and that's all I remember until I woke up and found myself all bandaged up in bed.'

'Prior to this, when was the last occasion you saw your brother Nathaniel?'

'When Ma died. Seven years ago.'

'How was your relationship with your brother?'

'Same as everyone's. Bad. He was no good. Always picking fights and getting drunk. I used to look up to him when I was little but when he hit Ma I never wanted to see him again. Everyone thought he was dead; he's been gone all these years. Now he's brought trouble on my Pa.'

'Did you know your father was going to Wilton's Creek that day?'

'No, sir. He said he had to stay in town to sort things out at the mine.'

'You knew your brother was in the area? Did you expect to see him when you rode out to the house that day?'

'No, sir, but Pa told me he'd been sniffing round the place and had frightened Lizbeth, I mean Mrs Kidd, so he wanted me there just in case he showed up.'

'And were you armed when you went to Wilton's Creek?

'No, sir.'

'But you told the court your father wanted you there to protect your step-mother from what sounds like a thoroughly unpleasant character.'

'He was my brother. I didn't expect he'd be coming at me with a knife. I thought if he turned up I'd just tell him to sling his hook. To be honest I didn't think he'd come back.'

'No further questions.'

The judge banged his gavel and adjourned the proceedings for lunch. Cody approached Elizabeth as they left the courtroom.

'I venture to say, Mrs Kidd, that matters are proceeding quite well. I will put you on the stand this afternoon. The questions will be exactly as we discussed and I want you to stick to the answers we have prepared. I don't imagine the prosecution will have a lot to ask you, based on their performance so far."

'I'm ready.'

'Very good. Very good.' He left the court, walking briskly, his clerk scuttling along in his wake.

Elizabeth stood tall in the witness box as she took her oath. Cody began by thanking her for agreeing to testify when she had so recently been bereaved of two children. The jury members looked at her with sympathy and there was a murmur around the courtroom from the public gallery.

'I will try to make this as brief as possible, Mrs Kidd, and I trust my learned friend will do the same if he has any questions.'

The Prosecution counsel, uncomfortable with making an objection that could turn the jury against him, instead coughed loudly and pointedly and the judge reprimanded Cody. 'Mr Cody. I will be the one to advise Mr Wilson if I believe he is overtaxing the witness. Get on with it.' There was a susurrus of disapproval in the room and the members of the jury looked with a mixture of sympathy and curiosity at Elizabeth.

She told the court what had happened that day. When she described a raging Nat Kidd drawing a knife and stabbing his own brother, the jurors were transfixed.

Herbert Cody approached her and asked 'The victim had his back to the defendant when the shot was fired?'

'Yes.'

'Can you describe exactly what happened?'

'I saw a flash of metal in Nat Kidd's hand and realised it was a knife. William stumbled and fell and there was blood all over his shirt. I think I cried out and then heard a shot and Nat Kidd fell forward and landed on top of me. My husband pulled him off me and I realised he was dead. I saw the gun on the ground. I went to Will who was unconscious. My husband and I carried him into the house, then he checked that Nat was dead and went to fetch the doctor while I tried to stop the bleeding from Will's wound.'

'Mr Kidd made no attempt to escape?'

'Certainly not. He went to fetch the doctor. He'd saved my life and he was now concerned with saving William's. There was nothing to be done for Nat.'

Another murmur went around the courtroom and the judge banged his gavel angrily.

'Continue, Mrs Kidd.'

'The doctor arrived and treated William and my husband asked him if he would return to town to summon the constable, while we waited at Wilton's Creek with William. When the police arrived my husband went with them willingly.'

'He suggested to the doctor that the constable be called?'

'Yes, he did.'

'Thank you. No further questions.'

The prosecutor took Cody's place. As he began to cross-examine her, Elizabeth for the first time felt nervous. The rather ineffectual lawyer seemed to be finding his stride and his manner was more aggressive than it had been with any of the other witnesses.

'How long have you been married to Mr Kidd?'

'Objection!'

Immediately the judge responded. 'Overruled. It's a matter of fact. Let her answer.'

'Almost four years.'

'I can't help but notice, Mrs Kidd, that you are a very attractive woman and much younger than your husband.'

'Objection!' This time the judge reprimanded the prosecution and directed the jury to ignore the comment.

'Were you happily married?'

The judge held his hand up, anticipating Cody as he rose again to his feet. 'Mr Wilson I am struggling to see the pertinence of this line of questioning.'

'Your Lordship, I am trying to establish motive. I intend to demonstrate that Mr Kidd killed his son in a fit of jealousy because the victim was having a relationship with Mrs Kidd.'

There were gasps around the packed courtroom.

'That's absurd! How dare you!' Elizabeth cried out.

The judge banged his gavel and called for order.

At that moment, the door at the back of the court swung open and a woman entered. Harriet was dressed in black, wearing an elegant wool dress with a matching coat and a fur stole slung nonchalantly over the collar. She stopped in the middle of the aisle and, pointing towards Elizabeth, called out, 'That woman should be on trial not my father. She's an adulteress and she's responsible for my brother's death. My father is trying to protect her – but she is the guilty one. She destroyed my marriage and now she's destroying my father's life.'

The judge and the two lawyers looked at Harriet Kidd in astonishment, before the judge sprang to attention and began to bang his gavel angrily. At this point the court ushers, who had been as stunned as the rest of the assembled audience, jumped into action and began to drag her from the court.

The judge banged the gavel again and signalled to the ushers to wait. 'Young woman, if I hear another outburst like that from you, you'll be thrown into the cells for contempt of this court. Now wait outside, until I'm ready for you.'

Turning to the prosecuting counsel, he said, 'Mr Wilson, in the light of what has just been said, inappropriate as the young lady's interruption has been, I suppose you will want some time to consider potential new evidence?'

The man nodded. 'Yes, your Honour.'

'In which case the court will adjourn until 2 o'clock tomorrow afternoon.'

'Your honour, I was unaware of this lady until just now. I've never met her before. May I request a little more time than that?' Wilson said.

'2 o'clock tomorrow. And if I hear any more from you it will be 9 o'clock tomorrow morning.'

'Yes, your Honour.'

Cody was on his feet, his face flushed with anger.

'Your Honour. This is not acceptable! This woman has not been declared as a prosecution witness. The defence has had no opportunity to prepare for her testimony.'

'Don't blame me for your own inefficiency, Mr Cody. I'm surprised at you. You usually have all the ground covered. The prosecution has a right to explore every avenue to prove its case. One man has died and another is on trial. I think we owe it to both of them to ensure all the evidence is examined.'

Harriet sat down in the witness box after taking the oath and lowered her eyes, looking fragile and wistful. She fumbled in her velvet clutch bag for a handkerchief, which, from then on, she squeezed between her hands and used very convincingly to dab at her dry eyes, punctuating these actions with the occasional little sigh.

After giving her name, she turned to the judge and said 'Please, your honour, I would like to apologise for what happened yesterday. I didn't wish to show contempt for the court, but I was very distressed by what's been happening to my family and in particular to my dear father.'

The judge nodded and waved his hand at the prosecutor to move on.

'Mrs Winterbourne. Please tell the court what you know about the relationship between your brother Nathaniel and Mrs Kidd.'

Cody was on his feet immediately.

The judge waved him aside impatiently, and then turned to the prosecuting counsel. 'Mr Wilson, I will indulge you for a moment but unless you demonstrate quickly that this line of questioning is more than hearsay I will ask for it to be stricken from the record and I will be seeing you afterwards in my chambers. Mrs Winterbourne, you may answer.'

'My stepmother was having sexual relations with my husband. When I found out I told my brother, Nathaniel, and he confronted her with it.'

There were gasps in the courtroom.

'She was the cause of the breakdown of my own marriage. My husband showed no interest in me and walked out on me soon after we were married.' She let out a strangled sob and gazed misty-eyed at the jury.

'I didn't know what to do or whom to turn to. I was at a loss to understand why he didn't love me and I was all alone in Sydney, where he left me on our honeymoon.' Again she feigned sobbing into her silk handkerchief and the disapproval of Elizabeth from the people in the public gallery was now apparent.

'I hadn't seen my older brother in many years. We met by chance in Sydney and we were both so happy to be reunited. He had run away to join the army when he was still a boy and we thought he was dead. He was a brave man and was decorated for his bravery at Gallipoli.' A buzz of voices went round the room and the judge hammered his gavel again. 'I was desolate after my husband left me and too embarrassed and ashamed to go back to McDonald Falls and tell my father. I told Nat that our father had married a woman I believed to be a fortune hunter and she was the reason my husband left me. I'd always suspected there was a relationship between them. I believe they knew each other before either came to McDonald Falls and they plotted to get their hands on my father's money.'

The murmuring in the gallery reached a crescendo, forcing the judge to bang his gavel again impatiently. 'Any more noise and I'll throw the lot of you out of court. Carry on, Mrs Winterbourne.'

'My brother was very distressed at what I told him and decided to go to McDonald Falls to investigate. The day before he was killed, he telephoned me to say he had come upon that woman and my husband together. He told me terrible things. He had seen them together...' Her voice broke.

'Objection. Hearsay!' Cody was on his feet.

'The evidence is admissible where the relevant witness is dead. I will allow it' said the judge. Cody sat down, his face etched with anger.