Martin said: “If you hadn’t had your connections here, just by chance – would this have meant much to you?”
He was talking of what we had listened to that afternoon.
“Should you have thought about it much?” he went on.
“Should we?” I replied. For Martin, in his unexpressive manner, was using the second person when he meant the first.
“I can’t be sure.”
“Could we have shrugged it off? Some people can, you know.”
I told him about the Gearys, who weren’t opaque, who longed, more than most of us, to create a desirable life. Yes, they could dismiss it: they could still look after both the innocent and guilty: but it seemed to them only an accident, a freak, utterly irrelevant to the desirable life they longed for or to the way they tried to build it.
“That’s too easy,” said Martin.
I said, most of our wisest friends would see it as the Gearys did.
“I should have thought,” said Martin, “we’d had enough of the liberal illusions.”
“Those I’m thinking of aren’t specially illusioned men.”
“Anyone is illusioned who doesn’t get ready for the worst. If there’s ever to be any kind of radical world which it’s possible to live in, it’s got to be built on minimum illusions. If we start by getting ready for the worst, then perhaps we stand a finite chance.”
Though to many it seemed a contradiction in his nature, Martin had remained a committed radical. In terms of action, we had usually been at one.
Someone sent over tankards of beer, smiling at us. With public faces, Martin and I smiled back.
“Tell me,” said Martin, “those two aren’t mad, are they?”
“I’m not certain we know what madness means.”
“Are you evading it?”
“Do you think I should choose to, now?”
I went on: “Do you think I should? All I can tell you is, no one round them thinks they’re mad.”
He said: “They look – like everyone else.”
I replied: “I’m certain of one thing. In most ways, they feel like everyone else. The girl Kitty is in pain. She can’t get comfortable, she’s just as harassed as any other woman with sciatica having to sit under people’s eyes. I’m certain they wake up in the morning often feeling good. Then they remember what they’ve got to go through all day.” It had been like that, I said, when I had the trouble with my eye. The moments of waking: all was fine: and then I saw the black veil. I said that in the existential moments tonight, as they ate their supper and sat in their cells, they must be feeling like the rest of us.
“I suppose you’re right,” said Martin.
“The horror is,” I said, “that they are human.”
The dialogue was going by stops and jerks: soon it fell into doldrums, like an imitation of the doldrums of the trial. We dropped into chit-chat, not even the ordinary family exchange. Neither of us mentioned – and this was very rare – our children. Martin spoke (although I knew nothing of botany and cared less) about a plant he had identified on Wicken Fen. Sometimes we were interrupted, the bar was only beginning to empty. Still we didn’t want to leave. Somehow we seemed protected there. We fetched sandwiches, so as not to have to depart for dinner.
In the middle of the chit-chat, Martin made another start.
“Human beings are dangerous wild animals,” he said. “More dangerous than any other animals on earth.”
I didn’t disagree. But I added that perhaps there were some vestigial possibilities of grace. “You have to give us the benefit of the doubt. We need that, the lot of us, to get along.”
“I think you’ve given us all far too much benefit of the doubt,” said my brother.
Maybe. And yet I believed that in the end I was more suspicious than he was.
Later, as we still sat, talking about someone who had just left the bar, Martin suddenly interrupted: “What do you hope will happen to those two?”
“What do you mean?”
“I mean, what verdict are you hoping for?”
I had explained the legal situation, and how I couldn’t understand why diminished responsibility hadn’t been brought in before now. Otherwise they might as well have pleaded guilty of murder and have done with it. He had already asked about diminished responsibility: what were the chances that the defence could win?
“Do you hope they win?” Martin pressed me.
I hesitated for a long time.
“I just don’t know,” I said.
It would be easier, of course, for their families, I went on, it would be easier for George, it would save some pain.
“It would be easier for everyone,” said Martin. He asked, in a hard and searching tone: “And you still don’t know?”
“Do you?” I replied.
It was his turn to hesitate. At last he shook his head.
By this time there were, beside ourselves, only a couple of men left in the room. It had become cavernous and quiet: now the aquarium light obtruded from behind the counter. Soon, said the barman, there would be another crowd, the after-dinner crowd, coming in. In that case, Martin said, he felt inclined to stay, he didn’t specially want to move yet awhile. Neither of us suggested going out, so that we could be alone, the two of us together.
Responsibility
ON the third morning, which was a Wednesday, Martin and I returned to our seats in the official box, having lingered about uselessly for George. In the courtroom the chandelier lights were switched on, the clouds pressing towards the windows were dense and purplish, there was a hubbub of wind and rain. Outside it was a dramatic, a faintly apocalyptic, day: but inside the court the proceedings were subdued, voices were quiet, nothing dramatic there.
In fact, police officers were giving routine evidence about the statements made by the two women. Statements which contradicted each other, but that was no news, we had heard it already. We had heard also the elaborations, the different versions, the excuses for past lies, that Kitty had made as the police played on her. None of this was new. It was all delivered flatly, with nothing like the confidence and projection of the medical witness the afternoon before. But it had the curious intimacy that sometimes descended on law courts – an intimacy in which the police, the criminals, the lawyers, the judge, seemed to inhabit a private world of their own, with their own understandings, secrets and even language, shutting out, like an exclusive club, everyone who hadn’t the right of entry.
In the middle of the morning – the gale was blowing itself out, the windows were lighter – Detective Superintendent Maxwell went into the witness box. He was, I knew well enough, a formidable man: but he didn’t look and sound formidable as he stood there, opposite to us, across the court. He looked less bulky, his eyes less probing and hot: he gave his evidence as flatly as the others, unassertively, almost gently.
“Yes, sir, when she was making her fourth statement the defendant Miss Pateman told me that they had picked him up at 5.45 on the Friday night.”
Bosanquet asked, in a similar tone, what she had said. “She said that he was glad to go with them.”
That had been included, in identical words, in Bosanquet’s opening. So had her explanation of the child’s wounds. Leaning confidentially on the box rail, Maxwell said: “She told me, We wanted to teach him to behave. She told me again, We had to teach him to behave.”
He sounded like an uncle talking of a game of parents and children. I hadn’t seen any man conceal his passions more.
The judge put in, also in an unassertive tone: “You went just a little fast for me, Superintendent. Was it – She – told – me – we – had – to – teach – him – to – behave?”
The judge’s pen moved anachronistically over his paper. Then Bosanquet again – When did they begin to ill-treat him? “She never gave me the exact time. All she said was, We started as we meant to go on.”
I was watching Kitty’s face, just then washed clean of lines. Was she out of pain? Her expressions changed like the surface of a pond. She was writing another of her notes.
Maxwell had led her through the Saturday and Sunday hour by hour. “We put him to bed at half past nine on the Saturday, Miss Pateman told me. I asked her, what sort of condition was he in then? She said, We gave him three aspirins and a glass of milk before he went to bed.” You couldn’t elicit how badly he had been hurt by that time, said Bosanquet neutrally. Just as neutrally, Maxwell said, no, she hadn’t made a positive statement. On the Sunday, she did tell him, they had been obliged to be strict. But they had let him look at television at Sunday tea-time. “What sort of condition was he in then, I asked her, but she never replied.”
The defence was raising no objection. There must be an understanding, or they must have a purpose, I thought.
It hadn’t been established, it still wasn’t clear, at what time on the Sunday night he had been killed. It might even have been early on the Monday morning. “I asked her,” Maxwell said, “did you tell him what was going to happen to him. She said he had asked them once, but they didn’t say anything.”
Again, the judge remarked that his pen wasn’t keeping up. Maxwell, constraining himself so tightly, was speaking unnaturally fast. When the judge was satisfied, Maxwell went on: “I think – I should like to have permission to refer to my notes–” studiously, horn-rimmed glasses on his prow-like nose, he read in a small pocket book – “that on that occasion Miss Pateman stated that they hadn’t any knowledge themselves of what did happen to him.”
There was a sudden flurry of confusion. Comparison of statements, Kitty’s fourth and fifth: the judge had mislaid Cora’s second. Bosanquet steered his way through: had Miss Pateman given any account of the actual killing? No, said Maxwell. In one statement she had told him that early on the Sunday evening they had put him on a bus. That contradicted statements, not only by Miss Ross, but by Miss Pateman herself. On another occasion she said that she didn’t know, or seemed to have forgotten, what had happened on the Sunday night.
“Will you clarify that?” said Bosanquet. “She actually said she
seemed to have
forgotten
–?”
“You will find that in her statement number five.” For an instant Maxwell’s eyes flashed.
“What did you say, when you heard that?”
“I said,” Maxwell replied, once more in his most domestic tone, “Now listen, Kitty. I can’t make any promises, but it will save us a lot of worry, you included, if we get this story straight.”
“How did Miss Pateman respond?”
“She said, I will only tell you, I’ve given you the story as far as I remember it. I don’t remember much about anything that Sunday night.”
Bosanquet was passing to Maxwell’s interviews with Cora. The first breakdown: the first admission (it was she who had made it, not Kitty) that they had taken the child out to the cottage that Friday. All quiet and matter-of-fact. Then Benskin was on his feet, jester’s face smiling at Bosanquet. “If my learned friend will permit me. My lord, Mr Wilson and I have agreed that we shall not challenge this evidence for the Crown. Perhaps it would be advisable for us to indicate–”
The judge gave a sapient nod. “Will you please come up, Mr Benskin, Mr Wilson? Mr Recorder?” The barristers moved to the space immediately below the judge’s seat, and there they and the judge and the Clerk of Assize were all whispering in what, to most people in court, seemed a colloguing mystery. In our box, the Deputy Sheriff’s assistant gave us a knowledgeable glance. “About time, too,” he murmured. It was, we assumed, what those on the inside had expected all along: they were changing their plea: it would have been tidier, so he was saying, if they had started clean on the first morning. Meanwhile wigs were nodding below the judge, the old man was half-smiling.
At that moment we heard a loud unmodulated shout. It was Cora, standing in the dock, palms beating on the rail. “What the hell do you think you’re doing with us? What right have you got?” She was jeering at them with fury and contempt; she began to swear, sweeping round at all of us, the oaths coming out unworn, naked, as in one of George’s outbursts. The air was ripped open. Most people in the court hadn’t heard until that moment what anger could sound like. “We’ll answer for ourselves. We don’t want you, you—” again the curse crackled. “Do you think we need to explain ourselves to a set of—?”
Kitty was pulling at her arm, urgently, eyes snapping. The judge spoke to Benskin, and raised his voice, which showed, for the first time, the unevenness of age. “Miss Ross, you are doing yourself no good, you must be quiet.”
“Do you mean to say anything will do us good among you crowd–”
Very quietly, Benskin had moved to the dock. For an instant she stood there, towering over him: then we heard a rasp of command, and there was a nervous relief as she sat down. Whispers from Benskin, low and intense, which none of us could pick up. (“He’s a very tough man,” the official was commenting to Martin.) Shortly he was back in his place, facing the judge. “My lord, I wish to express regret, on behalf of my client,” he said, with professional smoothness, like a man apologising for knocking over a glass of sherry.
“Very well,” said the judge. Then he spoke to the jury: “I have to tell you that you must dismiss this incident from your minds. And I have to tell everyone in court that it must not be mentioned outside, under penalties of which I am sure you are well aware.” He spoke to the jury again, telling them that he now proposed to adjourn the court until the following morning. This was because the defence would then open their case, admitting the facts about the killing, but claiming that the defendants acted with diminished responsibility. “That means, you understand, that they still plead not guilty to murder, but, because of their mental condition, under our present law, are seeking to prove to you that their crime should be regarded as manslaughter.” The judge lingered over this piece of exposition, courteous, paternal, with the savour of an old professor, famous for his lectures, who may soon be delivering the last one. The jury were to realise that the trial would from now on take a different course. The defence would not attempt to disprove the Crown evidence as to the nature of the killing. So that the jury need not worry themselves about certain questions of detail which had already taken up some time, such as precisely when the child was killed. The legal position would, of course, be explained to them carefully by counsel and by himself in his summing up. He realised that this trial was an ordeal for them, and perhaps they would benefit by an afternoon free. “And perhaps,” he turned to the two in the dock, without altering his tone or his kindness, “you also will be able to get a little rest.”