Jeremy Poldark (17 page)

" Cannot almost any man set himself up as a
physician if he wants to?"

"He has no right to."

"What right have you?"

" I am a licentiate of the London College
of Physicians." Mr. Bull stared out of the window. He had not expected
that reply.

" You have travelled a long way to
practise, Dr. Enys" " I am a Cornishman by birth."

"How old are you, may I ask?"

Twenty-six."

"And have you been qualified long:?"
"Nearly three years.

" Three years.... And under whom did you
study in London?

"I studied the theory and practice of
physic under Dr. Fordyce in Essex Street, midwifery under Dr. Leake in Craven
Street-and some surgery with Mr. Percival Pott. at St. Bartholomew's
Hospital."

" Oh, surgery too ! Very interesting. And
under whom did you study mental afflictions?"

"Under no one in particular.”

"Then your views on the subject can hardly
be, expected to carry much weight, can they?"

Dwight stared at the King's attorney. "You
must know, sir, that no practical medical instruction is available ion this
subject. It is one of which knowledge can only be gained by clinical
experience-"

" Which no doubt you must have had in great
measure." "... I have had some experience. I couldn't say in great
measure"

" You'll have visited and studied at Bedlam,
of course." " No, I have not."

"Not? You haven't even been, there?"
" No."

" Indeed, then:-"

"I'm not suggesting that Captain Poldark
was insane. I am saying, that in my view he was temporarily not himself,
through grief and lack of sleep."

"Would you excuse him on those
grounds?"

"Certainly. - Yes."

"Do you think that everyone who loses a
child in infancy is justified in creating a riot throughout three parishes with
great loss of property and considerable loss of life?"

I do not believe that Captain Poldark created
the riot. But if he acted strangely in certain ways I believe he did so because
of a temporary unsettlement of his reason. He's not a man normally given to
lawless acts."

"That is a matter which will come out after
the verdict," said Bull silkily. " At present I suggest you do not
bring his character into it."

" I can only give you my opinion as his
physician"

" We have already heard that. Thank you,
Dr. Enys."

Dwight hesitated. " It is an opinion I
would stake my. reputation on."

“We do not know what your reputation is, Dr..
Enys. But thank you just the same."

“One moment.” It was the Hon. Mr. Justice
Lister. Dwight stopped. " You say you formed this opinion of the prisoner
the night before. On what did you base your opinion?"

" On his general behaviour, my lord. He was
not entirely coherent in his remarks. When his daughter died a great many
people came for the funeral. All classes came, from the highest to the lowest.
He's held in very great respect, you see. But because his wife was ill, it was
impossible to give them any sort of refreshment as is customary, my lord, at
funerals in Cornwall. The fact weighed heavy on Captain Poldark's mind. ' He
went on and on repeating his regret that he hadn't been able to feed them. He
wasn't drunk he drank very little at that time. It was, in my view, solely a
mental condition."

Thank you," said the judge, and Dwight left
the stand.

There was another stirring in the court. People
got up and stretched their legs and spat and rustled papers. But, no one moved
to go out, and those pressing to enter were unable to. It was the prisoner's
last chance now, to sway the court and the jury if he might by his eloquence -
or if that were lacking, as it usually was, to read the defence he had
prepared with the help of his counsel and trust that that would serve.

It was now or never. His own defence, stating
what he had felt and done, briefly and bluntly:... Or Clymer's mock humility,
denying everything, even putting new interpretations on what he'd said in the
magistrate's court.... Or a compromise, using the more temperate part of his
own and the less disingenuous of Clymer's. If he attempted that he would
stumble and falter.

They were waiting.

“My lord," Ross said, “This case has taken
much of your time already. I'll try to take as little more as may be necessary
to ask your clemency-and the jury's understanding. The worst that can be said
of me has been said by the counsel for the Crown. Witnesses have been called in
support of his case, and I have called witnesses to disprove it - or certain
parts of it. The best that can be said of me has been said by them. You have
heard both sides and can form your own conclusions.”

“It's true that on January the seventh last
there were two wrecks on Hendrawna Beach, just below my house, that my servant
informed me of the first one when it was just coming light, and that I took a
horse and told several people of the neighbourhood. If you ask me my motive, I
cannot remember. At least, I did it, and in due course a great number of people
came up on the beach and the ships were stripped bare I was there most of the
day - but although my house was afterwards searched, no goods from the ships
were found there. In fact I took none. Rather strange, don't you think, for the
ringleader, of a lawless mob to take none of the spoils for himself?”

"Now as to this lawless mob. In his speech
the counsel spoke of there being more than two thousand people on the beach.
That is true. But later he spoke of these people as being the - if I remember
rightly. the dissident and lawless sweepings, of five parishes. I wondered if
he knows how sparsely the countryside is populated in this district. The whole
population of five parishes would not be above six thousand, including women
and children. Does he suggest that every able-bodied man in those parishes is a
dissident and lawless scoundrel? I don't feel that, as reasonable people, you
will agree with such an estimate.”

Ross turned back to the judge, warming a little
to his theme because for the moment it was not so directly concerning himself.

“No, my lord, of the two thousand on the beach
not fifty came with any intent to break the law, not ten but would be loyal and
faithful subjects of the King when given chance to be so. All the rest came as
people will come whatever their class to witness a sensational happening,
whether it is a fire, or a wreck - or an assize - or an execution. They needed
no invitation from me. They would have quickly been there without it. Perhaps
half a hundred were there more quickly because of my summons. That was all. There
is a mine on the cliffs almost overlooking the beach. When someone at the
workings caught sight of the wreck - as they must have done soon-do you not
think his action would have been the same as mine to rouse his friends - without
searching into his heart for this or that motive, but just to rouse his friends?"

As Ross paused to collect his thoughts, someone
sniggered loudly at the back of the court. He knew at once who it was. Eli
Clemmow had done just the same thing three years ago at the petty sessions when
Ross had been speaking on Jim Carter's behalf. Then it had had the effect of
breaking the continuity of his reasoning and diverting the attention of the
justices. It must not happen that way again.

“Gentlemen of the jury," he said, "as
to what happened when those people got on the, beach and, saw the ships
wrecked, I must ask you, to think for a moment of the traditions of our
county. That attempts are made or have ever been made to lure ships on the
rocks by means of false lights is a calumny which has been spread only by the
prejudiced or the ignorant. But that people search the beaches for flotsam and
look on the leavings of the tides as their own especial property is too
commonly, known to need emphasis. The law says such flotsam belongs to the
Crown - or perhaps to this or that lord of the manor - but in fact when the
stuff is of little value no attempt is made to reclaim it from the people who
found it. In times of dire want these little pickings have often been the means
of keeping people - honest decent people - alive. So a habit - a tradition is
formed. What happens, then, when a whole ship comes in? People flood to the
beach to see the wreck, and to help in the rescue work there are two widows in
my parish who would not be widows if their husbands had not tried to save
shipwrecked sailors. But when the rescue work is done, are they to stand idly
by and wait for the arrival of the excise men? The law says yes. The law, of
course, is right.' But when men have seen their children without a crust for
their bellies or a rag for their backs, it's hard for them to reason as they
should."

He had got the attention of the court again.

“The counsel has suggested that these people are
revolutionaries - that I am a revolutionary - branded with the desire to
overthrow authority. I answer, quite simply, that nothing could be further from
the truth. We are not. As for the assaults upon the crew of the second ship - this
was a disgraceful episode which I will not attempt to excuse. But it was done
by men in drink and by men from far afield who had come-certainly not at my
invitation: when news of the first wreck had travelled to them.”

"Finally, as to the attack on the
excisemen. No defence or excuse is needed because I was not there. I never saw
the excise men. They never saw me. I warned the sergeant of dragoons not to go
on the beach at that juncture because everyone was by then very excited, and I
wished to avoid bloodshed. By the time these men arrived there was very little
they could do."

Ross looked through Clymer's notes again, but
found nothing more he could, even in this new mood, bring himself to add.

“So that is all I have to say. I pray I am equal
to whatever fortune is in store for me, and put myself upon the candour, the
justice and the humanity of your lordship, and upon yours, my countrymen, gentlemen
of the jury."

He bowed and sat down in the back of the dock,
and as he did so there was a little grumble of approval at the rear of the
Court.

Verity whispered: I don't think we could get out
now if we wanted to. The doorway and benches are so crammed."

"' No.,' We must stay - I shall be all
right."

"Here, try these smelling salts
again."

"No, no. Listen."

"There are three charges," said the
Hon. Mr. Justice Lister coldly, "on which this man stands before you. He
is charged with riot, with wrecking and with assault upon an officer of the
Crown. You have heard the evidence, and it is your duty to bring in a verdict
in accordance with that evidence. You may find him guilty on all three charges -
or on any one of them.'

“Now as to the third charge - namely assaulting
and injuring an excise officer-there is some conflict of evidence. Two
witnesses have sworn to his being the man, two have given testimony that he
could not possibly have been there. The excise officer himself is doubtful on
the point of identity, and none of his colleagues has been called to assist the
prosecution. It was a dark and wind-swept night and it is possible that there
has been a confusion of identity. It is a matter for you to decide whether you
prefer to accept the testimony of his two servants who swear that he never left
the house again or the testimony of Trevail and Clemmow, who declare that they
saw him strike the officer down. But where there is a reasonable element of
doubt, let me remind you, it is an axiom of English law that an. accused man, should
receive the benefit of it."

To Demelza's fevered imagination it seemed that
he glanced towards her as he spoke.

"As to the first two charges, these are,
very differently based. The prisoner admits that he summoned people to the
wreck, but claims - appears to claim, that his aim was as much to succour the
shipwrecked as to pillage the vessel, and that the riot inadvertently developed
without his encouragement or desire. That, if I interpret him correctly, is
his defence now - and it is the crux of the matter; yet certain of his
statements and certain of his actions at the time lay themselves open to a
different interpretation. If, for instance, he was really concerned to save the
passengers and crews, why was he not more active in doing so? How was it that,
between swimming out to the first ship and a belated offer of shelter to the
people of the second ship-many hours later - he apparently made no efforts on
their behalf? They did not see him. He says he did not see them. But he admits
to being on the beach. What was he doing there all those hours?”

Mr. Justice Lister was speaking without notes.
In fact he had taken none during the, trial.

" The prisoner's physician has been called
to testify to Captain Poldark's distressed condition at the time of the wrecks
suggesting virtually that he was not responsible for his actions at the time.
Whether you consider such testimony sufficiently weighty to be of vital
importance is for you to decide. I would only point out that such, a condition,
if it ever did exist, can hardly have prevailed at the time of the justice's
examination which took place six weeks later. You have heard the statements
made by the accused at that examination carefully read to you, and I have no
doubt they are present in your minds. You will remember he was asked: 'What
purpose had you in leading your friends to the wreck?' - To which his reply was
: `There were people in the district who were starving.' Later he was asked:
`Did you approve of this riot which had started?' And he answered 'I did not
consider it a riot.' What then, you may wonder,

did he consider it? Did he look on it as a
justifiable act of robbery and pillage?

" Now you may say, `But if the third
charge is unproven, it is difficult to, prove an illegal act against the
prisoner in person on the other counts. Where is the testimony providing
concrete evidence of his guilt? For instance, did anyone see him carry off one
stick or stone from either of the ships?' The answer is, no. But in law, if you
are satisfied that a riot took place, it is only necessary to be further
satisfied that the prisoner was sufficiently involved in the affair as to be
guilty as a principal. A common intent to commit a felony makes the act of one
the act of all - and it is not necessary even to be present at the actual
commission of the felony for a man to be held guilty. For instance a man
could
be
out of sight of a murder, but if he were keeping watch for the
murderers, and cognisant of their intent he would be held guilty."

The court was very silent now. Demelza's heart
was going colder and colder.

Further, in law, where several people join
together to commit an act which is itself unlawful, and a worse crime, comes.
from anything done in the prosecution of that unlawful design - then one and
all are guilty of the worse crime, however abhorrent it may personally be to
some of them,, and however little they may have had intent to commit; it. It
remains therefore for you only to decide on the evidence you have heard: first,
whether in fact the prisoner was on, the beach at the time of the wreck second,
whether he was there with others with the intent to strip the wreck third,
whether such a pillaging and riot and assault took place."

His extraordinary memory had absorbed it all
like a sponge: now at a squeeze it all came out again -sometimes seeming to be
a little in the prisoner's favour, but mainly against him. One could not
suspect Mr. Justice Lister of any, prejudice: he was not loading the scales but
merely assessing their respective weights and finding one side heavier than the
other. He was performing the duty for which he had received his commission from
the King, and by reason of which he held his elevated position in society.

“The prisoner,” he ended, “has attempted to find
mitigating circumstances for the crimes of riot and wrecking in the distress
generally prevailing among poor people at this time. This is an irrelevance
which you are in duty bound; to ignore. He has devoted a part of his final plea
to a defence of his own countryfolk, who are, in any case, not on trial at this
assize at all. You may consider this a not unadmirable sentiment on his part,
but you would be failing in your obligations to society if you allowed sympathy
or a narrow emotional patriotism to influence you in any decision you deemed to
be right. I will ask you now to discharge the duty which you have undertaken by
your oaths, regardless of the consequences and regardless of everything except
your desire to do justice between the Crown and the accused. Will you now
consider your verdict."

In the, general buzz that broke out Verity saw
the judge glance at the clock. It was almost four and there were several cases
yet to come. The jury put their heads together, whispering self-consciously,
aware of everyone's eyes on them. Several times Verity had thought Demelza was
going to faint, but thankfully she had seen her gain a greater control of
herself this last ten minutes. It was as if the worst had already happened and
now she was reacting against the blow.

"You may retire if you wish," said the
judge to the foreman.

The foreman nervously thanked him and again
consulted with his fellows. Then he leaned over to the usher and the usher went
to the judge. The clerk of the court rapped with the hammer and the judge stood
up, bowed and went out. The jury had decided to retire.