The House by the Liffey (27 page)

The day for the court case to open dawned at last. It transpired that Harry was supposed to have committed this crime of statutory rape the previous June. The reason given for the time lapse between the event and the accusation being made was that Breeda had been frightened of reprisals and had not mentioned it until pressed to tell her mother what was worrying her so much. She was not sleeping, had lost weight and couldn't concentrate on her studies. Frank Maloney, Harry's counsel for the defence, challenged this idea strongly, asking if her treatment by the Butlers had been such that she would expect them to take some sort of revenge. It was admitted that she had always been treated well but she was of a nervous temperament and would worry about imagined difficulties.

Martin Corrigan was the prosecuting counsel and he spared Harry nothing. He made the most of parading his reputation as a womaniser and the fact that he had an illegitimate child. Forewarned by the counsel for the defence, Frank Maloney, this was no surprise to Harry or the rest of the family.

Since he hadn't been told in advance of the date of the supposed event, Harry had taken his diaries for the past eighteen months to court with him. He asked permission to check his diary and this was allowed, the diary being presented as evidence for the defence. He could understand why his solicitor hadn't been given the dates in advance. There was to be no chance of his cooking up some story and finding willing “witnesses” to provide a would-be rock solid alibi. His solicitor, Frank Maloney, knew very well that Harry would never stoop to such a deception. He would never give false testimony and especially not under oath. However, as he pointed out, the people bringing the case to court were obviously judging Harry's possible behaviour by their own standards.

With overwhelming relief he discovered that he could account fully for his activities on the evening suggested for his crime. But this was quickly followed by dismay, for this was the evening he had spent with Cathy. Not only was she out of the country but he most definitely didn't want her involved in these unpleasant proceedings.

Counsel for the prosecution openly sneered at him about this.

‘Oh, so we now have some mythical person you maintain you spent the evening with, but you don't wish to say who that person was?'

‘Not at this point.'

‘Is there anybody else who can testify to this?'

‘No.'

‘You never mentioned it to anyone?'

‘No.'

‘Why did you feel the need to keep it a secret?'

‘I didn't want to give rise to undue speculation and I had no idea whether or not the other person would want it talked about. Anyhow, I don't report my
every
movement to others.'

‘So you don't want to involve this woman – it's obviously a woman – and nobody else can support your story?'

‘I believe some members of the household staff may be able to bear witness to the fact that I was not in the main part of the house during the time I'm accused of being with the young girl.'

‘For example?'

‘Possibly Mickeen Flanagan, the estate manager, or Kitty Flanagan, the cook-housekeeper.'

‘
Loyal
employees, dependent on the family for their living?'

‘Yes, but honest and truthful to the core. Neither would dream of lying, even out of loyalty to the family and I wouldn't expect them to do so.'

‘Very honourable I'm sure!' The cynical tone and the sneer were even more pronounced.

Counsel for the defence appealed for an adjournment at this point to give reasonable time to call in the Flanagans and this was granted. The court was to reconvene next day.

Milo and Noola had been with Harry every step of the way and with him had felt the wear and tear on their nerves. They didn't look quite as gaunt and ill as Harry but the strain showed almost as much. They were vastly relieved to know there was somebody who could testify to his innocence. At home again after their stressful day they were discussing the proceedings amongst themselves.

‘Who were you with that you don't want to mention?'

‘It was Cathy, Mum, and there's no way I want to drag her into this whole unsavoury business.'

‘
Cathy
?'

‘Yes!' and he told them the whole story.

‘And you just sat and chatted until the small hours?'

‘Yes, Dad. Strange as it may seem to you, knowing my reputation, that was all. We had a great evening together. We both enjoyed it, which is why the time went by without our realising how late it was.'

‘But you never told a soul?'

‘No, nobody. What I said in court was absolutely true. I didn't want anyone jumping to the wrong conclusions and I didn't know whether or not she wanted it mentioned. We didn't discuss that at the time.'

‘I wonder if she told anyone.'

‘I suspect not, Mum, and maybe for the same reasons. She wouldn't have wanted Sam to hear about it and have any reason to wonder if anything had happened between us.'

Noola looked at him for a few seconds and then spoke very gently.

‘And now you love her too much to want to do anything that might hurt her, or harm her relationship with Sam?'

Harry gave her a bleak smile: his parents' intuition again.

‘Yes, Mum, that's exactly the problem.'

‘Well, we'll just have to hope Mickeen or Kitty can help.'

‘It's such a long shot but worth a try. Should I talk to them on my own or do you think we should discuss it with them together?'

‘It might be a good idea if the five of us sat down together and talked it through and it's essential that we wait until Frank Maloney joins us. He should be here shortly.'

Mickeen and Kitty, in full and indignant knowledge of the accusation against Harry, and having been put fully in the picture, were quite happy to join them. They, and indeed the rest of the staff, had grown to dislike and mistrust Tim Kelly and were glad when he left. The part he was playing in all this did not entirely surprise them, although Breeda's connivance in the whole thing did. Both had liked the girl.

Harry now asked them if by any chance they remembered the evening, the previous June, when he had come home unexpectedly, having supposedly gone off to London. He reminded them that the rest of the family had been out for the evening and Kitty had been given the evening off, since no family dinner had been needed.

At first, neither could remember the evening in question, but, having talked it around, Kitty had a thought.

‘Mickeen, do you remember that evening when you came in a bit late – you'd been talking with Jockser in the stables? You said Mr Harry had come back and I wondered if he'd be wanting a bite of dinner after all?'

‘Oh yes, I do remember!' He grinned at Harry. ‘You drove your car down the drive at your usual breakneck speed, otherwise I mightn't have noticed.' He turned to the others. ‘Kitty was in the middle of cooking our meal so I went over to find out, but there wasn't a sign of him anywhere. I looked all around the house. I even went up and knocked on his bedroom door but he wasn't there.'

‘And when you came back and told me, we decided that he'd probably gone over to see his sister in the East Wing so we looked no further. The only problem is I can't be sure if it's the right evening.'

‘I can't be sure either, Kitty. All I can remember for certain is that it was June when the evenings were so light. Perhaps you can think of something that might pinpoint it for us, Mr Harry?'

‘No! I wish I could.'

‘Well it's a good, positive start. Is there any way we can narrow it down a bit? For instance how often have you returned home when you were supposed to have gone away on a business trip, Harry?'

‘I can only remember one other time, Frank, and it was just before last Christmas.'

‘Yes! I remember, but that was in the morning and you were home by midday. You and I had lunch together.'

‘That's right, Mum, but I can't think of any other time, certainly not within the last couple of years.'

‘It's an excellent start. On the one hand there's no certainty about the specific date, but there's enough evidence to narrow it down to that particular incident. Are you certain that there are no other times when your flight was delayed or cancelled and you had to return home?'

‘I'm certain, unless my memory's playing me false.'

‘And you're adamant that, for the moment, you won't reveal the one witness who could clear your name once and for all?'

‘Not unless I'm really driven to it.'

‘There is one other thing that's just struck me, Frank. I should have thought of it before.'

‘Noola?'

‘Unless something extraordinary happens, we don't usually have fires in the small sitting room in June. I can't remember the day when it last happened. So why would Breeda be clearing out the grate and setting a new fire, if there'd been no fire and no one was expected to be in the house? Yes, Breeda sometimes did late duties but that wouldn't have been one of them at that time of year.'

‘Marvellous! It's still not solid evidence but it could be enough. It'll be hard to refute it.'

‘Thanks, Frank. That makes me feel a lot happier. And, Mum, you're brilliant!'

‘Delighted I thought of it!'

They all talked around the problem for quite a while and then Frank and the Flanagans left. After they had gone, Harry voiced his anxiety to his parents.

‘I know Frank's pretty good – the best, but their solicitor's good too and he'll twist everything Mickeen says: he'll tie him up in knots!'

‘Well, as Frank said, if need be your mother can testify about the fire.'

‘Yes, and I'd be glad to do so.'

‘Thanks, Mum.'

They planned and talked on late into the night.

In the meantime, Mickeen told Jockser the whole miserable story. Jockser listened carefully and when Mickeen had finished Jockser was very thoughtful, obviously trawling his memory.

‘I remember that evenin', Mickeen – the evenin' Mr Harry came screamin' back up the drive when we thought he was away. Shure wasn't that the day I cut me hand so bad and had to go and ask Dr Flynn to patch it up for me. It was handy havin' him up there in The Lodge: it meant I didn't have to go to the hospital and shure I don't like them places. D'ye not remember? It was Kitty who suggested that I ask him to take a look at it and he did a grand job on it too.'

‘Begob I do, Jockser. I'd forgotten that. But I don't suppose you'd remember the date.'

‘Shure of course I do! Wasn't it me birthday – I wouldn't forget
that
! Mrs Butler and Kitty were so good to me. Kitty made me a cake and the two of ye gave me presents. Mrs Butler gave me grand presents too from her and Mr Butler: a lovely new coat and new shoes and some money. They're real dacent people!'

‘Would you be willing to tell in court about Mr Harry coming home unexpectedly that evening, Jockser?'

‘Well I wouldn't be too keen on the idea, but for them I'd do it so I would.'

The dreaded day dawned. As predicted, Martin Corrigan did, to some extent, tie Mickeen up in knots, but Frank did a good job too and Mickeen's testimony sounded feasible, especially when he explained that Jockser was able to tell him, quite specifically, what the date had been. However, that, as Martin pointed out, was drawing on somebody else's memory of the date and not his own.

True to his promise, Jockser went along and gave his testimony and wasn't the pushover that Martin expected him to be. He stuck doggedly to his story and Frank suggested that, although there would be no official record of it, his evidence about the date he cut his hand could, possibly, be corroborated by Dr Flynn. However, Martin questioned Jockser closely about his employment by the Butlers, especially what his life had been before that. He made much of the fact that he had previously been a vagrant. Then, for both Jockser's and Mickeen's evidence, in turn, he tried his best to cast doubt on the veracity of what they said, suggesting that loyalty to the Butlers would colour what they maintained and ensure they remembered the incident. Mickeen became quite angry at this assertion.

‘Anyone who suggests that I would lie under my oath on the Bible better be careful, for when the truth of this is confirmed – and it will be – then I'll sue him for slander.'

Jockser leapt to his feet and, quite out of order, shouted: ‘And so will I! I wouldn't lie under oath either.'

The judge reprimanded Jockser who sat down looking mutinous.

For a moment Martin was taken aback. He was surprised at this coming from Mickeen and Jockser. Milo and Noola smiled and Milo whispered to Noola:

‘That shook him! Good for them.'

Frank then called Noola to give her evidence about the lighting of the fire. However, when pressed by Martin for factual information on this, regarding that particular weekend, she admitted she was unable to give any specific date, which showed that she, certainly, wasn't prepared to lie under oath, even to save her son. However, what she said challenged Breeda's story and added strength to Mickeen's evidence about nobody being at home that evening.

The trial took several days more, with the evidence for and against Harry going around and around. Tim Kelly and Breeda stuck doggedly to their version of the story, in spite of the evidence against them. Finally they reached the stage of summing up, starting with counsel for the prosecution. Martin did a competent job, and it wasn't looking good for Harry. Oh yes, he agreed, there was some evidence to suggest that Harry hadn't been in the house at the time he was supposed to have seduced Breeda, but then how reliable was that evidence? Wasn't it all a bit circumstantial and given by
loyal
employees? He really larded that particular point. He spun it out and dragged it on and got to his trump card.

‘And, members of the jury, as to the idea that he was with some anonymous person for the evening, someone he
apparently
doesn't want to compromise, well I question that story.
Who
is this mythical person?
Where
is this mythical person?'

‘I'm right here!'

There were gasps all round. At the back of the visitors' seating area Cathy stood up. The court erupted: there was pandemonium.

‘Thanks be to God,' Noola said quite audibly to Milo who put his arm around her and held her close. He knew she would weep tears of relief and he felt like joining her. He looked across at Harry and his son's expression said it all.

The judge banged his gavel hard on the desk and when order had been restored he questioned Cathy.

‘Who are you, Madam, and why have you not come forward before?'

‘I'm Catherine O'Donovan. I'm nanny to Johnny Butler and live in a flat on the top floor of Riverside House. I haven't come forward before because I arrived at the airport from Brazil only two and a half hours ago. I got to the court half an hour ago, when I slipped into the back row here.'

Martin tried to object, but the judge cut him off allowing her to continue.

‘You asked two questions, Mr Corrigan and, unorthodox as it may be, you're getting your answers.'

‘I only heard about this case yesterday and got here as fast as I could. I had to rush to the local airport hoping I'd get a seat. I got the last one!'

Frank immediately called for an adjournment which, in the strange circumstances, was granted, while Cathy insisted that she wished to be accepted as a witness and didn't need to have a break and a sleep to recover from the long journey. Much to Noola's and Milo's amusement she had scraped her hair back, donned the ugly glasses and wore no make-up. She had somehow got hold of her original working outfit and really looked the part of the unattractive, rather prim nanny, which she had so carefully cultivated. There was no way whatsoever that Martin Corrigan or indeed the jury members could, by any stretch of the imagination, think that Harry Butler, with his reputation, would have wanted to embark on an
affaire
with her.

The feeling of relief emanating from Harry seemed almost tangible. The face that had been grey and gaunt with hopelessness and despair had now turned pink with relief and new optimism. He had tried so hard not to have Cathy involved but was vastly relieved to see her, knowing that now he would be completely vindicated and he needn't feel guilty: it had been her choice to come forward.

Martin objected strenuously but the judge decided that, given her story, he would allow her to testify, assuring Martin that, if he wished, he would be able to resume his summing up afterwards. Eventually Cathy took the witness stand and told the whole story, clearly, calmly and in detail. Questioned by Martin about her memory as to the exact date she responded:

‘I've no doubts at all. My sister and my niece will be able to confirm it if necessary, and if you insist on written evidence there will be the hospital record of her treatment. She had to go back several times, for the cut became infected. The full details must be there.'

‘Oh, we'll check all right, Miss O'Donovan.'

‘Please do! But my niece is in the visitors' gallery. She can corroborate my story if you wish. But actually I do have another item of evidence.'

‘Indeed! And what might that be?'

‘Mr Butler sent me some flowers and a thank you note for the evening. I usually keep such notes or cards for some time. That card will still be in the desk in my flat. I haven't been back there since I arrived but, if need be, I can produce it. It is dated. My niece could go to my flat now and get it if you wish.'

Her unshakable calm rattled him and his questioning became more aggressive and verging on the offensive.

‘What is your relationship with Henry Butler?'

‘Strictly professional: employer and employee.'

‘So why did you spend the whole evening together? You yourself have testified that you didn't part company until the small hours of the morning.'

‘No particular reason. We were just eating dinner and talking. I've explained in detail – we found we had lots of interests in common.'

‘And nothing else took place between you?'

‘Such as?'

‘Did you get into bed together?'

‘Most certainly not!' The expression of outrage on her face brought the flicker of a smile to some faces.

‘Are you in love with Henry Butler?'

‘Objection!'

‘Sustained! What point are you trying to make, Mr Corrigan?'

‘Your Honour, it could explain Miss O'Donovan's wish to defend Mr Butler.'

‘It
is
irrelevant, Your Honour. May I speak?'

‘Yes, Mr Maloney.'

‘Objection! I haven't finished my questioning.'

‘Sit down, Mr Corrigan. You'll be given your chance to resume. Continue, Mr Maloney.'

‘Whatever Miss O'Donovan's feelings, and regardless of what they were doing, the fact is Henry Butler spent the evening in her flat, which clears him completely of the accusation made against him. She can even produce a dated thank you card written by him. He couldn't have been in two places at once. Miss O'Donovan has been able to give, very specifically, the time he arrived in her flat, which is earlier than the time he is said to have been with his accuser. Miss O'Donovan was surprised at what she thought was the early arrival of her niece and looked at her clock. What she has said tallies exactly with the evidence of Mr Mickeen Flanagan and Mr “Jockser” Connolly – the evidence upon which counsel for the prosecution poured so much scorn! All the evidence against him has now been shown to be false, and what was dismissed as circumstantial or the invention of loyal employees has been proved to be the truth. The whole case has disintegrated.'

The judge looked at Cathy for a long moment.

‘Miss O'Donovan, before I make a final statement, is there anything further you'd like to add?'

‘Yes, Your Honour, there is. I'm surprised at Breeda. From what little contact I had with her I found her to be honest and honourable and I'm amazed that she agreed to making such a contemptible, false accusation. Something that, if accepted as the truth by the jury, could have sent Mr Butler to prison and branded him as a paedophile for the rest of his life. That's really wicked. I can't help wondering if someone else pressured her into doing such a thing.'

At this Breeda burst into tears. She realised that their case had collapsed and was intelligent enough to understand that she and her uncle could now be in deep trouble. She leapt to her feet.

‘She's right! She's right!
He
talked me into it.' She pointed at Tim who also leapt to his feet.

‘Shut your mouth you little fool.'

‘No I won't shut my mouth! I didn't want to do it but
you
persuaded me.
You
said we'd make a fortune out of it and now we're in bad trouble. I'm sorry, Mr Harry. I'm
so
sorry – it was a terrible thing to do!'