Death on the Air (18 page)

Evil Liver
was televised by Granada Television Ltd as part of a crime series entitled Crown Court where members of the audience were invited to act as the jury. It was recorded in 1975 at the Granada studios in Manchester. The cast included: William Mervyn as the Judge, Jonathan Elsom as the Prosecution Counsel, William Simons as the Defence Counsel and David Waller as Major Ecclestone. Miss Freebody was played by Joan Hickson who later became famous for her role as Agatha Christie's Miss Marple.

The Publishers gratefully acknowledge Granada Television Limited for its kind permission to print
Evil Liver
.

LIST OF CHARACTERS

MR JUSTICE CAMPBELL

THE PROSECUTION COUNSEL, MARCUS GOLDING, QC

THE DEFENCE COUNSEL, MARTIN O'CONNOR

MARY FREEBODY

MAJOR BASIL ECCLESTONE

DR STEPHEN SWALE

THOMAS TIDWELL

BARBARA ECCLESTONE

DR ERNEST SMITHSON

GWENDOLINE MIGGS

WARDRESS

CLERK OF COURT

COURT USHER

JURY FOREMAN

COURT REPORTER

COURT REPORTER
: The case you are about to see is fictional. But the jury is made up of members of the public, who will assess the evidence and deliver their own verdict at the end of the programme.

(
MAJOR ECCLESTONE
is called by the
PROSECUTION COUNSEL
.
He takes the witness stand and takes the oath.)

COURT REPORTER
: On March 28th of this year, Miss Mary Freebody's cat was savaged and killed by Bang, an Alsatian dog belonging to her next-door neighbour, Major Basil Ecclestone. A week later, on the 4th April, meat ordered by the Ecclestones was delivered to the outside safe of their house. That evening Major Ecclestone took from the safe some liver for his dog. The dog ate a portion of the liver, was instantly thrown into violent convulsions, and died. The contents of its stomach were analysed and found to contain a massive amount of cyanide of potassium. A tin of wasp exterminator containing a high proportion of cyanide was found in Miss Freebody's shrubbery, half empty. The Major made to the police an accusation of attempted murder against Miss Freebody maintaining that she had had the intention of killing not only his dog but himself. A police investigation has led to her being charged, and she now stands trial at the Crown Court in Fulchester.

GOLDING
: …Now Major, if you would just describe the events leading to the – the tragedy. You were away from your house, were you not, during the afternoon of April 4th?

MAJOR
: Club. Bridge. Every Friday.
(He gestures at the accused)
As was well-known to my neighbour.

GOLDING
: Quite so. Your wife was at home, I think?

MAJOR
: Migraine. In her room.

GOLDING
: Yes. And you returned – when?

MAJOR
: Six-thirty.

GOLDING
: May we have the order of events from then on?

MAJOR
: I – ah – I had a drink. Listened to the wireless. Seven o'clock, I went to the safe and got the dog's food.

GOLDING
: Yes. The safe: where is it?

MAJOR
: In the outside wall by the back door. It's a two-doored safe; you can open it inside from the pantry. The butcher uses the outside door. So could anyone else.
(At the prisoner)
It's opposite her bathroom window and her side door. And her gate onto the right of way. And my gate onto the right of way. She could get to it in a matter of seconds.

GOLDING
: Quite so. We shall come to that presently, Major. Did you use the inside door of the safe into the pantry when you got the dog's liver?

MAJOR
: I did.

GOLDING
: Major, can you describe the wrapping at all? Did you happen to notice it?

MAJOR
:
(Pauses. Looks at prisoner)
Matter of fact I did. Two or three layers of the
Daily Telegraph
.

GOLDING
: Good. So you removed the liver from the safe? And then?

MAJOR
: I unwrapped the liver, put it in the dog's dish and took it out to the kennel.

GOLDING
: The dog being tied up?

MAJOR
: Certainly.

GOLDING
: And then?

MAJOR
: Put it in front of him

GOLDING
: How many pieces?

MAJOR
: Two. All there was. Only gave him liver on Fridays. Other nights ‘Doggy Bits' or ‘Yaps'. Sunday, a bone.

JUDGE
: What are ‘Doggy Bits' and ‘Yaps'?

GOLDING
: I understand they are proprietary canine food, my lord.

(The
JUDGE
stares at the
MAJOR
and then nods to
PROSECUTION COUNSEL
to continue)
.

GOLDING
: Yes, Major. So you put the dish before the dog. And?

MAJOR
: He swallowed part of one piece.

GOLDING
: Yes.

MAJOR
: It happened at once. Frightful contortions. Convulsions. Agony. By Gad I've seen some terrible sights in my time, but never anything like that. And it was my dog, sir. It was Bang, my dog. My faithful old Bang.
(He breaks down, blows his nose and belches. The
JUDGE
contemplates him stonily)
.

GOLDING
: A most painful experience and I am sorry to revive it. Mercifully it was soon over, was it not?

MAJOR
: Nothing merciful about it. (At the prisoner) A fiendish, cold-blooded murder, deliberately brought about by a filthy-minded, vindictive old cat.

MISS FREEBODY
:
(standing)
Cat! Cat! You dare to utter the word!

MAJOR
: I do so advisedly, madam. Cat. Cat is what I said and cat is what I meant…

MISS FREEBODY
: Poor defenceless little thing. It was&…

JUDGE
: Silence. Silence. If there is any repetition of this grossly improper behaviour I shall treat it as a contempt of court.
(Turning to the
MAJOR
)
You understand me?

MAJOR
:
(mumbling)
Great provocation. Regret—

JUDGE
: What? Speak up.

MAJOR
: I apologize, my lord.

JUDGE
: So I should hope.
(He nods to
PROSECUTION COUNSEL
.)

GOLDING
: My lord. Major Ecclestone, I want you to tell His Lordship and the jury what happened after the death of the dog.

MAJOR
: My wife came down. At my suggestion, telephoned Dr Swale.

JUDGE
: Why not a veterinary surgeon?

MAJOR
: I've no opinion of the local vet.

JUDGE
: I see.

MAJOR
: Besides, there was my wife.

JUDGE
: Your wife, Major Ecclestone?

MAJOR
: She was upset, my lord. He gave her a pill. I had a drink.

JUDGE
: I see. Yes, Mr Golding.

GOLDING
: Go on please, Major.

MAJOR
: Swale took away the remaining piece of liver to be analysed and he also removed the – the body.

GOLDING
: Was there any other event before or at about this time that seemed to you to have any bearing on the matter?

MAJOR
: Certainly.

GOLDING
: Please tell the court what it was.

MAJOR
: That woman's
(The
JUDGE
looks at him)
– The accused's bathroom window overlooks my premises. It's got a Venetian blind. She's in the habit of spying on us through the slats. I distinctly saw them – the slats, I mean – open in one place.

GOLDING
: When did you see this?

MAJOR
: Immediately after Swale left. She'd watched the whole performance.
And
gloated over it.

JUDGE
: You are here to relate what you observed, Major, not what you may have conjectured,

GOLDING
: Had anything occurred in the past to make bad blood between you and the defendant?

MAJOR
: Yes.

GOLDING
: What was it?

MAJOR
: A cat.

JUDGE
: What?

MAJOR
: She had a cat, my lord. A mangy brute of a thing–

MISS FREEBODY
: Lies! Lies! It was a beautiful little cat.
(The
WARDRESS
quells her.)

GOLDING
:
(coughs)
Never mind what sort of cat it was. Yes, Major?

MAJOR
: About a week earlier it strayed into my garden at night. Not for the first time. Always doin' it. Yowlin' and diggin'. Drove my dog frantic. Naturally he broke his tether. Tore it away with a piece of the kennel.

GOLDING
: And then?

MAJOR
: Ask yourself.

GOLDING
: But I'm asking you, you know.

MAJOR
: Made short work of the poor pussy.
(He laughs shortly.)

MISS FREEBODY
:
Brute!

JUDGE
: Miss Freebody, you must be silent.

MISS FREEBODY
: Pah!

JUDGE
: Mr O'Connor, will you speak to your client? Explain.

O'CONNOR
: Certainly, my lord.
(He turns and speaks to the accused who stares over his head, biting her lip.)

GOLDING
: What were the results of the cat's demise?

MAJOR
: She kicked up a dust.

GOLDING
: In what way?

MAJOR
: Waylaid my wife. Went to the police. Wrote letters. Threatened to do me in.

GOLDING
: Did you keep any of these letters?

MAJOR
: Last one. Burnt the others. About five of them.

GOLDING
: May he be shown Exhibit Two?

(The letter is produced, identified, circulated to the
JUDGE
,
to
COUNSEL
and to the jury
.)

GOLDING
: Is that the letter which you retained?

MAJOR
: Yes.

GOLDING
: It reads, members of the jury: ‘This is my final warning. Unless your brute is destroyed within the next three days, I shall take steps to insure that justice is done not only upon it but upon yourself. Neither you nor it is fit to live. Take
warning. M E Freebody.'
(To
MAJOR
)
You received this letter – when?

MAJOR
: First of April.

(Laughter)

USHER
: Silence in court.

GOLDING
: Did you answer it?

MAJOR
: Good God, no. Nor any of the others.

JUDGE
: Why did you keep it, Major?

MAJOR
: Thought of showing it to my lawyer. Decided to ignore it.

GOLDING
:
(quoting)
‘I shall take steps to see that justice is done not only upon it but upon yourself.' Can you describe the nature of the letters you had received before this one?

MAJOR
: Certainly. Same thing. Threats.

GOLDING
: To you personally?

MAJOR
: Saying that my dog ought to die and if I didn't act smartly we both would.

GOLDING
: And it was after the death of the dog and in consideration of all these circumstances, Major, that you decided to go to the police?

MAJOR
: Precisely. Decided she meant business and that I was at risk personally. My wife urged me to act.

GOLDING
: Thank you, Major Ecclestone.

(
GOLDING
sits down
.
DEFENCE COUNSEL
rises.)

O'CONNOR
: Major Ecclestone, would you describe yourself as a hot-tempered man?

MAJOR
: I would not.

O'CONNOR
: As an even-tempered man?

MAJOR
: I consider myself to be a reasonable man, sir.

O'CONNOR
: I said ‘even-tempered', Major.

MAJOR
: Yes.

O'CONNOR
: You get on well with your neighbours and tradesmen, for instance? Do you?

MAJOR
: Depends on the neighbours and tradesmen. Ha!

O'CONNOR
: Major Ecclestone, during the five years you have lived in Peascale you have quarrelled violently with your landlord, your late doctor, the secretary of your club, your postman and your butcher, have you not?

MAJOR
: I have not ‘quarrelled violently' with anyone. Where I encounter stupidity, negligence and damned impertinence I made known my objections. That is all.

O'CONNOR
: To the tune of threatening the postman with a horsewhip and the butcher's boy with your Alsatian dog?

MAJOR
: I refuse to stand here and listen to all this nonsense.
(He pulls himself up, looks at his watch, takes a small container from his overcoat pocket, extracts a capsule and puts it in his mouth.)

JUDGE
: What is all this? Are you eating something, Major Ecclestone?

MAJOR
: I suffer from duodenal ulcers, my lord. I have taken a capsule.

JUDGE
:
(after a pause)
Very well.
(He nods to
DEFENCE COUNSEL
.)

O'CONNOR
: Major Ecclestone, was the liver the only thing in the safe that evening?

MAJOR
: No, it wasn't. There was stuff for a mixed grill on Friday. Chops, kidneys, sausages. That sort of thing.

O'CONNOR
: And these had been delivered with the dog's meat that afternoon?

MAJOR
: Yes.

O'CONNOR
: Did you have your mixed grill?

MAJOR
: No fear! Chucked it out. Destroyed it. Great mistake, as I now realize. Poisoned like the other. Not a doubt of it. Intended for me.

O'CONNOR
: And what about Mrs Ecclestone?

MAJOR
: Vegetarian.

O'CONNOR
: I see. Can I have a list of complaints, please?
(Solicitor gives him a paper.)
Major Ecclestone, is it true that, apart from my client, there have been five other complaints about the character and behaviour of your dog?