Missing Witness (34 page)

MacPherson looked at the ground, giving a dramatic appearance of collecting his thoughts. And then he continued.

“It's said that a picture is worth a thousand words…but ladies and gentlemen, in the case of the testimony of Henry Caulfeld, the words are worth a thousand pictures. He's recreated history for us, with the eloquence of his description. The evidence is going to leave no doubt in your minds that this eyewitness testimony places Isaac Joppa on the deck of a pirate ship, giving orders, participating with those thugs and criminals. If this were the only testimony we presented in this case on the issue of Mr. Joppa's guilt, I believe such evidence alone would compel you to find him to have been guilty, not only of the crimes with which he was charged, but also even of crimes with which he was never charged. But ladies and gentlemen, that's not the only evidence you're going to hear…”

MacPherson then ticked off a series of other potent facts: First, the comments of Samuel O'Dell who, according to the clerk's notes in the Williamsburg, Virginia, piracy trial of Teach's gang, clearly indicated to the court that he, O'Dell was in the hold of Teach's own ship shortly before the beginning of hostilities in the Battle of Ocracoke Inlet. That O'Dell saw, with his own eyes, that Joppa was there in the hold with him, along with an African pirate by the name of Caesar. That Joppa was not manacled, in chains, or in handcuffs—not constrained, restrained, or limited in any way. That he was free to come and go. “Does that sound like Isaac Joppa was a captive—a prisoner—that he had been kidnapped?” MacPherson argued, almost at a full bellow.

Next, MacPherson mentioned the evidence they would hear indicating that Isaac Joppa had fled, like a common criminal, from the scene of battle when the British navy attacked Teach's pirate ship.

Further, evidence would be presented proving that Joppa had entered a guilty plea to the charge of desertion from the Royal Navy while aboard
the ship
Intrepid
. Shortly after that, MacPherson argued, Isaac began his life of piracy and crime on the high seas.

Lastly, the attorney pointed out that he would be calling, as an expert witness, a renowned law professor, who would explain that the entry of res judicata in the court records of Bath, North Carolina, did not mean that Joppa had been acquitted by the London jury. To the contrary, such a term was perfectly consistent with a finding of guilt against him.

MacPherson strolled back to the podium and concluded his remarks.

“Folks, I view this opening statement as kind of a handshake agreement…between me and you. And between Mr. Chambers and you. Now when I tell you you're going to see these facts…and this evidence…if I fulfill my part of the bargain and produce the evidence I've promised, then you hold that for me. And for my client. And you decide in our favor. And I'm willing to bet that between now and the end of this case you're going to be convinced beyond any question. That Isaac Joppa was a scoundrel, a criminal, and guilty of acts of piracy…” MacPherson gave a look toward counsel table as if he had concluded his comments. But Will could see him thinking. He was gauging whether to take a chance.

He whirled around for one last volley to the jury.

“And just remember…” MacPherson said, wagging his finger at the air, “that Will Chambers and his client, the good Reverend Jonathan Joppa, have a whole lot to gain by trying to persuade you to vote for them in this case…a whole lot. Now I can't go into the particulars—that wouldn't be appropriate. But rest assured they have a powerful motivation to make you believe this story they've cooked up about Isaac Joppa's innocence.”

MacPherson snatched up his papers, gave one last, broad smile to the jury, and scurried to his seat.

Will shot to his feet.

“Your Honor, I object. I move to strike the last portion of Mr. MacPherson's improper and outrageous comment about my client and myself. May counsel approach the bench?”

The judge gave an exasperated look at the wall clock.

“Mr. Chambers, is this really necessary? I was hoping we could move along and get a couple more witnesses knocked off this afternoon.”

“
May counsel approach the bench?”
Will said forcefully.

The judge nodded reluctantly, and the two attorneys scurried up to the bench, out of earshot of the jury.

“Your Honor, I want Mr. MacPherson admonished by the Court. And I want his comments about my client's motivation, and my motivation, to
be stricken from the record. Virgil, you know full well that it's improper to advise the jury, in any respect, about the effect or impact of their factual finding in the verdict. And the fact is you lied—by deliberate omission. You made it sound like the only person to gain something out of winning this trial is Jonathan Joppa. The fact is, as you well know, your client stands to win the same piece of real estate that my client does, depending on how the jury should decide. Your comments were misleading and prejudicial.”

Will then turned to the judge and looked him in the eye.

“Your Honor, I'm moving for this court to strike Mr. MacPherson's comments.”

MacPherson interjected immediately.

“Now, Will, you're getting off to a really bad start here,” MacPherson spoke smoothly, with an air of manufactured sympathy. “I know you've got a lot going on…a lot of stress…you've got a pregnant wife who's ready to have a baby any time now. And you're new to this neck of the woods, being a Virginia lawyer and all…But I just can't have you making those kinds of nasty comments about me. I just can't have that. Judge, I think we need to get this case moving along, and I think Mr. Chambers needs to be told to sit back down at his counsel table.”

Judge Gadwell was shifting uncomfortably in his chair, scratching his neck vigorously. Finally, he spoke.

“Mr. Chambers, I think I hear where you're coming from here…But the fact is, well, even if Virgil here was a little out of line…it really is harmless error. And you know, at the end of this case, I'm going to give the standard instruction to the jury about disregarding comments by counsel and basing their verdict totally on the evidence. So I don't think this jury's going to be too much influenced by what Mr. MacPherson just said.”

Will smiled at the judge, turned, and walked quickly back to his seat at counsel table, where Boggs Beckford threw him a look that needed no interpretation.

Virgil MacPherson had begun the slow process of walking Will and his client out on a gangplank. And the judge, whatever his motivation or intent, was choosing to look in the other direction.

51

“A
UGUST
W
AVERLY
L
ONGFELLOW
, P
H
D. I'm a professor of cultural studies and an adjunct professor of philosophy at Duke University.”

As Longfellow sat in the witness chair with his dark suit, ironed shirt, and a tie that actually matched, he was looking the part of an expert witness. And after Will led him through the questions setting out his educational qualifications—the books he had written, the lectures he had given, the papers and books he had published, some of which dealt specifically with regional history of coastal Carolina—he began to emerge as the historian Will had hoped for.

Particularly because Will had been unable to secure the services of Dr. Derek Hubbel of Yale, Longfellow now had the crucial task of nailing down the historicity of Isaac Joppa's innocence.

“Dr. Longfellow,” Will continued, “based on your experience and training as an expert on the regional history of the Carolinas, including the history of piracy in the 1700s, and based on the information you have reviewed in this case—including the trial transcript from the Old Bailey criminal court in 1719, the notes of the clerk in the piracy trials at Williamsburg, Virginia, and all the other court records you have seen—do you have an opinion as to the historical probability that Isaac Joppa was a willing member of the piracy activities of Edward Teach and his crew, specifically relating to the plundering of a sloop named
Marguerite
in December of 1717?”

Longfellow stroked his iron-gray beard for a moment before answering. Then he began an extensive and persuasive response.

He first pointed out that Isaac Joppa's testimony at the Old Bailey—his contention that he was a prisoner of Teach for many months—was consistent with the general practice among pirates at that time. Pirates such as Teach would often kidnap those they felt could be useful to them.

“As an example,” Longfellow continued, “there is an unimpeachable account from a Phillip Ashton, a decent, churchgoing type of person, who reported being kidnapped by pirates in the year 1725. He was held against his will for a period of time until his release. There are many accounts of hostage-taking similar to that one.

“Secondly,” Longfellow explained, “Isaac Joppa does not fit the typical profile of the sailor-turned-pirate, particularly in the eighteenth century.”

He pointed out the evidence indicating that Joppa, after his escape from Teach, had contact with the Tuscarora Indians, and may even have made an attempt to convert them to his Christian religion.

“As son of the Reverend Malachi Joppa, a fervent evangelistic preacher in Bath, it's not surprising that Isaac Joppa would try to convert the Indians. What would be surprising,” Longfellow explained, “is a person with that background becoming a member of the most degenerate subgroup of humanity at that time, speaking both socially and morally.”

To substantiate this, Longfellow pointed to some of the historical and sociological studies of religious life in England and the American colonies in the late 1600s and early 1700s. There had been a general decline of religious piety among the general population, but particularly among sailors—those in the merchant marine, in the Royal Navy, and especially among those practicing piracy. There was violent resistance, particularly by the pirates, to any semblance of organized religion. Longfellow pointed out one instance where a pastor aboard a ship (one not even manned by pirates) attempted to hand out Bibles to the sailors in the hold. For his efforts he was rewarded by being beaten by the crew within an inch of his life.

“The Bath, North Carolina, area, as of 1718, certainly was a wild frontier type of place,” Longfellow continued. “It was a place where the likes of Edward Teach felt right at home. And it was an area particularly hostile to religion. Malachi Joppa, Isaac's father, must have been a rather stern sort of preacher to be able to put up with the kind of abuse he must have certainly received from the locals.

“And as a collateral matter of interest—it is fascinating that the famous English evangelist, George Whitefield—one of the leaders of the Great Awakening of the mid-1700s—visited Bath in 1739 and made it a sort of headquarters for himself during his American evangelistic campaign. One can only scratch one's head and wonder why Whitefield would have visited a place like Bath…but then that's another story.”

Longfellow chuckled a little to himself.

He concluded his opinion by evaluating the grand jury testimony of Henry Caulfeld, who testified in Bath, that he had personally witnessed Isaac Joppa assisting the Teach crew and plundering his ship, the
Marguerite
.

“Now the testimony of Henry Caulfeld simply isn't persuasive as a matter of history. I'm not evaluating this as a legal matter…but only as an historian. Caulfeld's testimony is ambiguous at best. He didn't actually hear what Isaac Joppa was saying to Teach's pirate crew. And the fact that Joppa was roaming around on the deck for a few moments unshackled or unhandcuffed—that doesn't prove that he was not a prisoner, nor that he had not been kidnapped for several months. There are several explanations for that. But the best is that the African member of Teach's crew—this Caesar fellow—had befriended Joppa. There is historical support for that. And Isaac may well have been released for a short walk around on the deck at the time the
Marguerite
was being plundered.”

“And so your opinion is,” Will said, concluding his direct examination, “that Isaac Joppa's testimony before the Old Bailey criminal court—his protestations of innocence—is supported by credible historical evidence?”

Longfellow's eyes drifted away from Will for a moment, and he seemed to be staring out into space, considering some obscure, historical picture.

“Yes…that's my opinion…And just imagine this Isaac Joppa fellow—running away from home. Joining the Royal Navy. Encountering a brutal captain, deserting, then hopping aboard a ship, the
Good Intent
out of Dublin—only to be forcibly kidnapped by one of the most fearsome pirates in the history of the high seas. Manacled and chained in the bottom of a ship. And then, when he is within miles of his original home, to be shot at—to be a target of the fury of the English navy during their attack against Teach and his gang. And of course, all of the surviving pirates of Teach's crew were found guilty and hanged. Then to escape…and encounter the Tuscarora Indians. And then end up, somehow, in the streets of London. To be apprehended—arrested and placed on trial for his life. One can only wonder what would have been going through his mind…”