Pyke’s attention was wrested away from Emily by the wheezing figure of his uncle, who had managed to persuade one of the court officials that he had urgent business with Pyke.
‘Change of plan, I’m afraid,’ he said, catching his breath. ‘The Crown’s case will now be presented by William Gregson. I’ve heard he’s good.’ Godfrey noticed what Pyke was wearing and frowned. ‘What, in God’s name, are you wearing that dreadful outfit for?’
Pyke ignored the question. ‘Peel’s lawyer. He helped to draft the Metropolitan Police Bill. I met him about a month ago.’ It was depressing news but it confirmed what he already knew.
‘Well, in that respect at least, we have got our own ace.’ Godfrey looked around. ‘I wonder where Quince has got to. He’s cutting things a bit fine. Proceedings are due to start at any minute.’
‘I told him I no longer required his services,’ Pyke said, as though the matter was of no consequence. ‘I said I wouldn’t pay him for his time unless he agreed to relinquish his representation. That worked well enough.’
Godfrey stared at him, aghast. ‘You did what ?’
‘It’s a common enough occurrence. Defence attorneys withdrawing at the last minute to take up more lucrative work elsewhere.’
‘Why? ’ Godfrey sounded angry as much as concerned. ‘Who on earth is going to represent you now?’
‘I don’t need representation.’
Godfrey looked flummoxed. ‘For God sake, boy, do you want them to hang you?’
Pyke didn’t answer him.
Once the recorder, Lord Chief Justice Marshall, had read out the indictment, he turned his attention to Pyke, who was standing across the courtroom from him in the dock, and asked how he wished to plead.
‘Not guilty,’ Pyke said, loud enough for the whole courtroom to hear him.
Under his horsehair wig, Marshall frowned. ‘I am led to believe that you are without legal representation. Is that correct?’
‘It is, Your Honour.’
Marshall nodded gravely. ‘I want to make it clear that this sorry state of affairs provides you with no legal grounds for arguing for a new trial at some later date.’
‘I understand, Your Honour.’
‘Very well. Let the trial begin.’
Once the jury was sworn in and two further judges had taken their place on the bench next to Marshall, beneath the sword of justice, the Crown’s barrister, William Gregson, started to outline the case against Pyke. Emphasising certain elements of the Crown’s case over others, he drew attention to the testimony they would hear from Maggie Smallman, the barmaid who worked at the accused’s ‘sordid’ gin palace: she would tell the court that Pyke had threatened to kill Lizzie Morgan, his mistress, on numerous occasions. He drew attention to a neighbour’s claim that he had heard the deceased call out to Pyke on the night she was murdered, begging for her life. He also told the court that Pyke’s flight from the murder scene was undoubtedly a sign of his guilt. He acknowledged that the Crown’s case relied on circumstantial evidence but pointed out that solid circumstantial evidence was often superior to eyewitness testimony. Pyke listened to his speech with interest but said nothing.
When Pyke offered no cross-examination of the first four prosecution witnesses, the recorder felt compelled to intervene. He asked Pyke whether he thought it aided his defence to allow the testimony of witnesses, even ones with questionable reputations and social standing, to go uncontested. He seemed puzzled. Pyke said he would try to play a more active role in the proceedings. Marshall replied it wasn’t a question of what he wanted; rather, Pyke’s liberty and indeed his life were being threatened by his indifference. Again, Pyke promised he would try to do better. Marshall shook his head, as though he were dealing with a simpleton.
So when the next witness, James Hardwick, was introduced and outlined his own area of expertise - phrenology, or the relationship between the shape and size of a skull and the mind it contained - Pyke decided to involve himself in the proceedings.
He agreed to allow his own cranium to be measured and scribbled a few notes while Hardwick explained that Pyke’s ‘enlarged organ’ revealed a propensity for ‘recklessness, combativeness, destructiveness, self-esteem and secretiveness’.
When Hardwick had finished, Marshall asked whether Pyke cared to cross-examine the witness, and was about to move on when Pyke said, ‘I do have one question, Your Honour.’
‘Oh?’ Marshall looked up at him, a little surprised. ‘Go on, then.’
Pyke turned to the witness box and said he was very interested in Hardwick’s claim about the relationship between ‘anomalies’ in the skull and ‘enlarged cranial lobes’ and an individual’s propensity for recklessness and aggression.
‘Am I correct in concluding that, according to your theory, such cranial features suggest a less developed mind?’
Hardwick nodded. ‘Suggest is perhaps too modest a word.’
‘Such features demonstrate a less developed mind, then.’
‘Indeed,’ Hardwick said, looking at Pyke warily. ‘This was the thesis of Gall and Spurzheim and I see no reason to question it.’
‘And this propensity for violence, even murder, demonstrated in one’s skull shape and size, takes no account, you say, of social standing or class?’
‘That is correct.’
Pyke smiled. ‘Then since good science, as you well know, is based on the principles of scrutiny and observation, perhaps we might test this hypothesis, taking as our example the most esteemed of all men gathered here in this courtroom.’
Hardwick looked around him nervously. ‘And who might that be, sir?’
‘Why, of course, the King’s much venerated brother, Ernest Augustus, duke of Cumberland and earl of Armagh.’
Hardwick stammered that such a request was both impertinent and counter-productive. Beads of sweat appeared on his brow. Attention in the courtroom shifted from the dock to the bench. The duke himself, who had been watching proceedings through a pocket telescope, did not seem to welcome the interest. He whispered something angrily in Edmonton’s ear.
The recorder stepped in and scolded Pyke for his impudence. ‘Either proceed with an alternative line of questioning or permit the witness to stand down.’
‘But, Your Honour, this particular issue goes right to the heart of this man’s credibility, and since the prosecution has chosen, perhaps unwisely, to build its case using what I can only describe as pseudo-scientific evidence, then I am surely within my rights, particularly given the gravity of the charges, to test this evidence using any appropriate means at my disposal.’
This time, the recorder looked baffled. Next to him on the bench, the duke and Edmonton conferred with one another in a manner that indicated their unease.
‘Of course, I understand if the duke feels that participating in such an experiment is beneath him . . .’
This time Cumberland himself rose to speak. ‘This is preposterous . . .’ The way in which the light reflected on his facial scars made him seem demonic.
The recorder stepped in. ‘I will not permit common prisoners to address esteemed members of this bench.’
‘If he feels uneasy about availing himself . . .’
Cumberland, who had a reputation for impetuosity, interrupted. ‘I have nothing to hide.’ Then to Hardwick, he said, ‘Go ahead, sir, do your tests on me.’
A ripple of approval spread through the courtroom and the duke seemed to warm to his new-found popularity. The recorder looked on, helpless, perhaps feeling unable or unwilling to overrule royalty. Dressed in military regalia, Cumberland stood up while Hardwick wrapped a measuring tape around his skull and peered closely at the point where the ends of the tape met. Hardwick was sweating profusely. Back in the witness box, he did not know where to look: at the recorder, Cumberland or Pyke.
Pyke decided to push things along. ‘If I remember, the circumference of my own skull measured twenty-three and a half inches at its widest point. Is that correct?’ Hardwick nodded blankly. ‘Would you tell the court what the duke of Cumberland’s skull measured?’
Hardwick stared at him, ashen-faced, then, with a pleading expression, turned to the bench. The recorder looked similarly perturbed but knew that, in the circumstances, Hardwick had to answer the question. Cumberland seemed oblivious to their concerns.
‘Go ahead, sir,’ Pyke said, calmly.
‘One cannot judge character on the circumference of the skull alone. It is also a question of cranial shape . . .’
‘The measurement, if you please, sir.’
‘Your Honour?’ Hardwick looked pleadingly at the recorder.
Marshall did not seem to know what to say.
‘The measurement.’
Hardwick’s voice fell to a whisper. ‘Twenty-seven inches.’
‘Could you repeat that figure, sir, and this time so that the whole court may benefit from your wisdom?’
Hardwick was crestfallen. ‘Twenty-seven inches.’
Gasps of astonishment were accompanied by a ripple of nervous laughter emanating from the public gallery. Cumberland, who had finally grasped the implications of Hardwick’s findings, turned crimson. The recorder did not appear to know what to do or say.
Pyke waited for a moment of quiet and said, very quickly, before he could be stopped, ‘Given that the duke murdered his manservant in cold blood and raped his own sister, I am on reflection happy to concede the truthfulness of this witness’s testimony.’
For a second, there was utter silence in the courtroom as people absorbed the shock of his remarks, and then pandemonium broke out. Gutsy cheers from the public gallery temporarily drowned out the groundswell of indignation from the bench. As the recorder attempted to reimpose order on the courtroom by repeatedly banging his gavel down on the bench, his wig slipped forward off the top of his head and fell six feet on to the table below, where clerks were administering the proceedings.
Two hours later, Lord Chief Justice Marshall began his summing up. He reminded the jury that they were to base their decision only on the evidence they had heard in court. He added that, scandalous and offensive as the accused’s remarks had been during the cross-examination of one of the prosecution’s witnesses, they were to disregard these comments in their deliberations. Bound and gagged, Pyke listened without interest from the dock. Looking across the room at the public gallery, he noticed that Emily had vacated her seat and wondered what this meant.
Marshall told the jury that, to return a guilty verdict, they had to be satisfied, beyond reasonable doubt, that on the night of the fourth day of March eighteen hundred and twenty-nine, in a gin palace on Duke Street in the Smithfield area of London, the accused had, with malice aforethought, murdered the deceased, Lizzie Morgan, by stabbing her twice in the stomach with a knife. Marshall then summarised all the evidence the court had heard, pausing to underscore those points that hinted at Pyke’s guilt.
Once he had finished, he sent the jury away to reach a verdict. As they left, Pyke was removed from the dock.
It took the jury less than ten minutes. Back in the courtroom the foreman, when asked, said that they had unanimously reached a verdict. Enjoying the occasion, he paused, to clear his throat, and informed the court that the jury had found the accused guilty as charged.
The reaction inside the courtroom was a little muted. Outside, once news of the verdict spread, the cheers were louder. Those sitting on the bench nodded vigorously to one another in approval. Edmonton shook Cumberland’s hand, as though he had been responsible for bringing about Pyke’s demise. Farther along the bench, Sir Richard Fox stared down at his feet. None of the jury could bring themselves to look at Pyke. The recorder praised them for the verdict and added that it was unquestionably the right one given the damning nature of the evidence.
Finally he turned his attention to Pyke. In a suitably grave voice, Marshall said that he hoped Pyke had taken the time since his arrest to reflect on the heinousness of his crime, although this did not appear to be the case. He told Pyke it was his habit to encourage the condemned to make their peace with the Almighty, but since Pyke’s behaviour suggested that he was beyond redemption, there was no reason to prolong his detention in Newgate.
Replacing his horsehair wig with a black cap, he banged his gavel down on the bench and said, ‘You will be hanged by the neck on Monday morning.’
This left Pyke only two days to plan his escape. It was less time than he had hoped for.
THIRTEEN
S
eparated from the rest of Newgate by the press yard, the prison’s condemned block suffered from an austere appearance and a funereal atmosphere. In all, there were fifteen cells arranged over three floors, but it was rare that more than one or two of these was occupied at any time, especially, as a turnkey informed him, since in recent years the Bloody Code had been scaled back. This was a set of legal statutes which insisted upon capital punishment for crimes as trivial as forging coins. Pyke did not comment on the irony: he was being executed by an administration that wanted to introduce more humane forms of punishment. Nor did Pyke ask whether the man was one of the two guards who had been approached by Townsend and offered a hundred pound to assist him in his escape attempt.
Pyke had tried to make it clear that this aid would not involve them physically assisting his bid for freedom.
Rather, they were simply to turn a blind eye to particular occurrences, if and when they took place. As such, they might be dismissed from their posts for negligence but not prosecuted for aiding and abetting a crime. In which case, a hundred pounds would be more than enough to compensate them for the ‘inconvenience’ of having to find alternative employment.
When Godfrey visited him on the Friday evening, the turnkeys were to make sure he was not searched, or rather, if he was searched, that their search did not reveal anything. Nor was Pyke’s cell to be searched, after Godfrey’s departure. He was starting to worry that the turnkeys would not honour their side of the bargain when Godfrey thrust a small key into his hand. He permitted himself a hushed sigh of relief.