The Accused (Modern Plays) (6 page)

Forsyth
(
embarrassed
) Yes, it was.

Barrington
And were you called by the prosecuting counsel as an expert witness?

Forsyth
Yes, I was.

Barrington
And was it your evidence that influenced the jury to return a verdict of guilty?

Kersley
(
leaps up
) My Lord, is my learned friend questioning Professor Forsyth’s integrity?

Judge
Are you, Sir James?

Barrington
Certainly not. But I would refer your Lordship to the Judge’s summing up, and I quote, (
He picks up a book and quotes from the trial
.) ‘I find the evidence presented by Professor Forsyth as compelling, and feel it should weigh heavily with the jury when they come to consider their verdict.’

Judge
In the judge’s summing up. I see. Please continue, Sir James.

Barrington
Did you tell the court on that occasion that after you had carried out extensive laboratory tests, you were in no doubt that the liquid Mr Roger Latham poured into his brother’s coffee not only poisoned him, but was responsible for his premature death?

Forsyth
That was my opinion at the time.

Barrington
At the time. I see. And did another professor later prove that when the liquid was poured into hot coffee it was immediately neutralised and couldn’t have poisoned a mouse?

Forsyth
Yes, but there was no way of knowing that then. It was some years later …

Barrington
I was not suggesting, even for one moment, Professor, that you were culpable, only human, like the rest of us and therefore capable of making mistakes. Remind me, what verdict did the jury reach on that occasion?

Forsyth
Guilty.

Barrington
And did Mr Latham die in gaol, having served fourteen years of his life sentence?

Forsyth
(
nods
) Yes, I believe he did.

Barrington
And, two years after his death, did his family receive an unconditional pardon from the Home Secretary?

Forsyth
(
softly
) Yes, but the antitoxic properties of that particular substance were not discovered until …

Barrington
Until it was too late, Professor. But fortunately it is not too late in this case. Professor, you have already confirmed that the amount of Potassium Chloride found in Mrs Sherwood’s bloodstream was consistent with a heart attack.

Forsyth
What I actually said was ….

Barrington
Yes or no, Professor? It either was consistent with a heart attack or it wasn’t.

Forsyth
(
hesitates
) Yes, it was.

Barrington
Could someone with Mrs Sherwood’s medical history have suffered a heart attack, if she had been surprised by an intruder? Yes or no?

Forsyth
Yes, it’s possible.

Barrington
And are you aware of any other doctors who have prescriptions made up outside of the hospital they work in? Yes or no?

Forsyth
Yes.

Barrington
And could the amount of Potassium Chloride found on the rubber glove have been concentrated grapefruit juice? Yes or no?

Forsyth
Yes, I suppose it could.

Barrington
And if Potassium Chloride is taken in small doses, isn’t it harmless - and in certain cases even beneficial? Yes or no?

Forsyth
Yes, but …

Barrington
Shall we dispense with all these buts, Professor, and remove any doubt in the jury’s mind once and for all? I wonder, My Lord, if I might be shown exhibit twenty-six, the ampoule of Potassium Chloride that was found in Mr Sherwood’s bag, which Mr Hussein identified as coming from his shop.

Judge
For what purpose, Sir James?

Barrington
Like the distinguished professor, My Lord, I wish to conduct an experiment.

Judge
I do hope you’re not wasting the court’s time, Sir James.

Barrington
Heaven forbid, My Lord. I simply wish to prove my client’s innocence.

The
Judge
nods to the
Usher
who removes the ampoule from
Sherwood
’
s bag and hands it over to
Barrington,
who breaks the ampoule and drinks it slowly
.

Barrington
A little dry for my taste, but as you can see, Professor, not fatal. So let us hope that once again it will not be your expert evidence who allows an innocent man to rot in gaol for the rest of his life.

Kersley
My Lord, this goes far beyond the bounds of… legitimate cross-examination …

Judge
You are quite right, Mr Kersley. Sir James, that comment was unforgivable, and I must insist that you withdraw it immediately.

Barrington
(
pauses
) My Lord, I am unable to do so.

Judge
And why is that, Sir James?

Barrington
I was the defence counsel in The Crown versus Mr Roger Latham and I will go to my grave aware that my feeble advocacy failed to save the life of an innocent man. I am determined that it will not happen a second time. No further questions, My Lord.

The lights slowly dim and everyone’s eyes remain on
Barrington
.
The curtain falls, but goes back up during the interval, to reveal the jury door back in place
.

CURTAIN

The following morning
.

The stage remains dark, but the audience can still see the jury room door. On the wall, the clock is showing 9.45 a.m. When the house lights dim, the
Jury Bailiff
steps through the door and addresses the audience
.

Jury Bailiff
Good Morning, Ladies and Gentlemen of the Jury and thank you for reporting back in good time. The second day of the trial will begin with Mr Kersley’s final witness, Ms Jennifer Mitchell, Ms Mitchell is the Crown’s principal witness, so I would not be surprised if she was in the witness box for most of the day.

Please continue to be vigilant when it comes to discussing this case with anyone not on the jury. If there are no questions, we should make our way back to Court Number One. Ladies and Gentlemen of the Jury, please follow me.

The
Jury Bailiff
steps through the door, and when the lights come up, we are back in Court Number One, where we discover the barristers are talking among themselves while they await the entrance of the
Judge
and jury
.

Ashton
I’ve just bumped into Ms Mitchell as she was coming up the steps.

Kersley
What’s she wearing?

Ashton
Smartly tailored blue suit, very conservative, and virtually no make-up.

Kersley
Good, that’s exactly the image I want fixed in the jury’s mind.

Ashton
And I reminded her to refer to her father, Councillor Mitchell, as often as possible.

Kersley
And under no circumstances to mention the reason she left St George’s at such short notice?

Ashton
It was the last thing I emphasised.

Kersley
Good. Then we can only hope that Sir James doesn’t know the real reason.

The attention moves across to
Barrington
and
his junior
,
Jarvis
.

Barrington
And so we finally come up against their star witness.

Jarvis
And how do we feel about that?

Barrington
If Ms Mitchell is as innocent as Mr Kersley would have us believe, we’re in a lot of trouble.

Jarvis
Surely not, after the roasting you gave Webster and Forsyth yesterday.

Barrington
Yes, but try not to forget the doctor’s bag. Kersley made me feel like a pupil who’d just arrived in chambers, so if under his guidance Ms Mitchell proves a little too convincing, I may have to take the odd risk.

Jarvis
What do you have in mind?

Barrington
I might even consider asking the occasional question to which I do not know the answer. So if I put out my hand, (
He makes a gesture
.) make sure you pass me a blank sheet of paper.

Usher
Be upstanding in the court. All persons having anything to do before my Lords, the Queen’s Justices, draw near and give your attendance. God save the Queen.

All rise as
Mr Justice Cartwright
enters and resumes his place. All bow and he returns the bow
.

Usher
Bring up the prisoner. (
Sherwood
enters the dock
.)

Judge
(
to the audience
) Ladies and Gentlemen of the Jury, good morning. Mr Kersley, you may call your next witness.

Kersley
Thank you, My Lord. I call Jennifer Mitchell.

Usher
Call Jennifer Mitchell. (
A woman of thirty, attractive and dressed in smart suit, enters the witness box
.)

Guard
Jennifer Mitchell.

Usher
Take the testament in your right hand and read from the card.

Mitchell
(
quietly
) I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.

Kersley
Is your name Jennifer Alice Mitchell and are you presently working as a senior staff nurse at Wellingborough Cottage Hospital?

Mitchell
Yes, I did.

Kersley
Did you previously work at St George’s Hospital, Tooting?

Mitchell
Yes, I did.

Kersley
And was the consultant in charge of the cardiac unit the defendant, Mr Patrick Sherwood?

Mitchell
(
avoids looking at the dock
) Yes, he was.

Judge
Can you please speak up, Ms Mitchell, The jury (
He waves a hand, sweeping the audience
.) will need to hear every word you have to say. (
Mitchell
nods
.)

Kersley
When you first began working for Mr Sherwood, what were your responsibilities?

Mitchell
I was a junior staff nurse attached to the cardiac unit.

Kersley
And did Mr Sherwood ever ask you to carry out any duties not directly related to your work on the cardiac unit?

Mitchell
Yes, a few months after I’d started working at St George’s, Mr Sherwood asked me to pick up a sedative for his wife from the hospital pharmacy, which I was happy to do.

Kersley
Understandably. You would want to please your boss.

Judge
Mr Kersley, that was both leading as well as an opinion. Do not further try my patience.

Kersley
(
facing the judge
) I will attempt very hard not to do so, My Lord. (
Turning back to
Mitchell.)
Ms Mitchell, did Mr Sherwood ask you to collect any other prescriptions from the hospital pharmacy?

Mitchell
Yes, but that would be quite normal practice for any of the nurses.

Kersley
But then one Friday evening he asked you to pick up a prescription from outside London?

Mitchell
Yes, that was just before I was leaving to spend the weekend with my parents in Wellingborough and he instructed me
not
to have that prescription made up at the hospital pharmacy.

Sherwood
I did no such thing - I’ve never asked you to pick up any of my prescriptions in Wellingborough.

Mitchell
But you did tell me
not
to have them made up at St George’s.

Sherwood
I most certainly did not…

Judge
Mr Sherwood, you must not interrupt the witness while she is being questioned by counsel, now sit down (
Sherwood
reluctantly sits down)
. Carry on, Mr Kersley.

Kersley
Thank you, My Lord. Did Mr Sherwood give any explanation as to why you shouldn’t have the prescription made up at the hospital pharmacy?

Mitchell
No, he just said that it was for a private patient.

Kersley
Is that also normal practice?

Mitchell
No, I had never been asked to do that before by any doctor.

Kersley
Did you question Mr Sherwood about this?

Mitchell
No one questioned Mr Sherwood about anything - not even Sister.

Kersley
And was this prescription also for a sedative?

Mitchell
No, it was for ten millilitres of Potassium Chloride.

Kersley
Did he ever ask you to pick up any more ampoules of Potassium Chloride?

Mitchell
Yes, he did. It must have been about two weeks later - also on a Friday evening, and he asked me to drop it back to his office on Monday morning.

Kersley
And how many times did he ask you to have prescriptions for poison made up outside London?