The Nassau Secret (The Lang Reilly Series Book 8) (24 page)

50.

(partial)

TRANSCRIPT OF TRIAL OF ALFRED “FREDDIE” DE MARIGANY FOR THE MURDER OF SIR HARRY OAKES

October 18-November 12, 1943

In the Supreme Court of the Bahamas

Lord Justice Overbrook presiding.

Sir Alfred Adderly for the Crown

Godfrey Higgs, Esq. for the defense

Transcript: Edward Taylor, Certified Shorthand Reporter

Partial transcript of Mr. Higgs’s October 20 cross examination of James Barker:

              Q: Now, Detective Barker, if you please, remind me how long you have been with the Miami Police Force.

              A: Ten years give or take.

      Q: And in that time, how many murders have you investigated?

              A: I’m not sure.

              Q: Give me an estimate. Ten, twenty?

              Sir Alfred: The Crown objects, m’Lord. The witness has testified he is not certain.

              Mr. Higgs: He’s the prosecution’s expert witness, m’Lord. His inability to remember how many homicides he’s investigated goes to his credibility as well as to his memory.

              The Court: Overruled. Proceed, Mr. Higgs.

              Q: Shall I have the reporter read back the question, Mr. Barker?

              A:  No, That’s OK. I’d estimate a hundred or so.

              Q: And in these hundred or so murder investigations did you take fingerprints?

              A: Whenever possible.

              Q: If you please, describe the process.

              A: It’s not complicated. You sprinkle black adhering powder over the surface which sticks to the oils we all have in our skin. Then we gently brush away the excess. Then we use a special camera to photograph the print.

              Q: Is that what you did in this case?

              A: Not exactly.

              Q: Explain, please sir.

              A: Well, er. . .

              Mr. Higgs: You look uncomfortable, Detective. May I fetch you a glass of water?

Sir Alfred: m’Lord, the Crown objects to Mr. Higgs characterizing the witness. The jury can tell whether he looks uncomfortable or not.

              The Court: Refrain from characterizing how the witness appears, Mr. Higgs. You may proceed.

              Mr. Higgs: Thank you, your honor. Now, Detective, you were about to explain why you did not use the special fingerprint camera.

              A: I mistakenly left it behind in Miami.

              Q: Forgive me but could you speak up? I have a slight hearing disability.

              A: I mistakenly left it behind in Miami.

              Q: I see. Well, you had another camera with which you took photographs of the scene, did you not?

              A: We did.

              Q: And where, might I ask, are those?

              A: Might I have that glass of water?

Mr. Higgs supplies a glass of water from the supply on counsel table

              A: Thank you.

              Mr. Higgs: You are welcome. Now, those photographs, where are they?

              A: There aren’t any photographs. The plates got exposed somehow on the way back to Miami.

              Mr. Higgs: I’m sorry?

              The witness: (raising his voice) The plates were destroyed by being exposed to light somehow on the way back to Miami.

              Q: I see. But you did succeed in lifting a print, did you                           not?

              A: We did.

              Q: That would be the print you identified as belonging to my client, Freddie de Marigany?

              A: Yes, sir.

              Q: Between you and Captain Melchen, who found the print?

              A: I did.

              Q: Do you remember the date?

              A: July 9
th
.

              Q: You are certain?

              A: Yes.

              Q: July 9
th
is not an approximation?

              A: No.

              Q: I believe in your report you stated you found the print on the

Chinese screen in Sir Harry’s bedroom.

              A: Correct.

              Q: Captain Barker, I direct your attention to the Chinese screen I had brought into the courtroom. Is it approximately the same size as the one on which you found the print allegedly my client’s?

              Sir Alfred: M’Lord, the Crown objects to Mr. Higgs having Captain Barker testify about an object not in evidence

              The Court: Mr. Higgs?

              Mr. Higgs: The defense does not contend this screen has any evidentiary value. It is the witness’s memory we are testing.

              The Court: Very well, you may proceed. But first, how much longer will you require this witness? It is almost 4:00 and the Court intends an afternoon recess.

              Mr. Higgs: Thank you, your honor. We are within ten minutes or so of finishing with Detective Barker and would very much like to do so before the afternoon recess.

              The Court: Ten minutes it is. But, be warned, the Court frowns on missing tea and I rather suspect the members of the jury feel the same. 

              (General laughter in the audience.)

              Mr. Higgs: Detective, please point to the place on that screen that would correspond to the place on Sir Harry’s screen where you found the print. In fact, please step out of the witness box and place your hand on the place.

                (The witness does as requested)

              Mr. Higgs: Let the record show the witness is pointing to the upper right hand corner of the screen. Is that correct, Detective?

              A: Yes, sir

              (witness returns to stand)

              Q: After you and Detective Melchen made your inspections of the murder scene, and at the request of the Governor, you made a written report, did you not?

              A: We did.

              Q: But there was no mention of the fingerprint.

              A: I found it an hour or so after the report had been given to the Governor.

              Q: I have here a report noting the discovery of a fingerprint, date July 19, signed by you and marked Defendant’s Exhibit 12 (hands it to witness) Is that your signature?.

              A: (Witness examines document) It is.

              Q: Read the third line from the top, please sir.

              A: (Witness reading) “I noted a heretofore undiscovered fingerprint at about the center of the Chinese screen.”

              Q: So, would it be truthful to say that (Mr Higgs holds up a finger) One, finding that finger print was of such insignificance that you waited ten days to report it and (Mr. Higgs holds up second finger) second, that print was of such insignificance you can’t even remember where on the screen you found it, a fingerprint that is the sole shred of evidence connecting Freddy de Marigany to the murder?

              Sir Alfred: We object. . .

              Mr. Higgs: No more questions, your honor                           

* * *

Partial transcript of Mr. Higgs’s November 11 direct examination of Dr. Hugh Quackenbush:

              Q: Dr. Quackenbush, as a fifteen-year fingerprint expert with the United States Federal Bureau of Investigation, are you familiar with the process of lifting fingerprints?

              A: I am

              Q: Describe it for the jury, if you please.

              A: A black powder, or accurately, dust, is sprinkled over the area. If any of the oils contained in and on human skin are present, the powder will adhere to it, revealing the print’s presence. Lifting it consists of pressing an adhesive tape, like Scotch Tape, against the print.

              Q: Once lifted, then, the fingerprint becomes portable, correct?

              A: Once lifted and applied to a solid surface, like, say paper in a file, yes.

              Q: But the lifted print could be applied to any solid surface, right?

              A: Correct.

              Q: A hypothetical question, Doctor: Let us assume a person leaves his fingerprints on, say a drinking glass. Let’s further assume someone for reasons of their own lifts those prints and moves them to another substance, say a Chinese screen. Is there any way those pre-lifted prints could be detected as not being original?

              Sir Alfred: The Crown objects to the question as calling for an opinion based on facts not in evidence.

              The Court: Mr. Higgs?

              Mr Higgs. I will rephrase. Doctor, In your opinion, was that single print taken from an original source or was it moved from one place to another?

              A: Definitely moved.

              (outburst in audience)

              The Court: (banging gavel) Order! I will have order or I will clear the courtroom!

              Mr. Higgs: Sorry, I’m afraid I missed that. What was your answer?

              Sir Alfred: Your honor, I note that the only time my brother only needs answers repeated are those favorable to the defense.

              The Court: Is that an objection of some sort by the Crown?

              The witness: I said, the print had definitely been moved from some other place.

              Q: (by Mr. Higgs): How do you know that?

              A: (Witness holds Crown’s Exhibit 36) This is a print of a right thumb. It is shown upside down.
 

51.

427 Lafayette Drive

Two Nights After Gurt’s Return from London

              Braves closer Craig Kimbrel blew a ninety-six-mile-an-hour heater right past the batter for the final out in the ninth, preserving a two-run lead.

              Lang turned the TV off. “Guy’s incredible. Led the league in saves last year, looks like he’ll do it again.”

              Father Francis agreed. “With two on base, it was close.
Aut vincere aut mori.”

             
Lang stood, stretched and returned to the depression he had made in the sofa’s cushions. His hand went to his face, stopping just short of the bandage that had replaced the stiches. “Consequences of losing aren’t that severe. In the World Series, maybe.” He nodded toward the den’s bar. “Nightcap?”

              Francis thought a moment before, “Best not.”

              Overhead, Lang could hear Gurt’s footsteps as she checked on Manfred one last time before crossing the hall to the master bedroom. Both men glanced upward.

              “Great dinner, good ball game,” Francis said, the comments of a man not quite willing to come to the point yet.

              “That mean you haven’t quite finished your research?”

              Francis grinned, white teeth brilliant against the black face. “You know me too well.”

              “
Scienta est potential.
But apparently not enough to get you to find out what you can about the Oakes murder investigation.”

              “Actually, I think I will take that nightcap.” The priest held up an empty glass.

              “Help yourself.”

              Francis stood and crossed the room. The cubes remaining in the Sheffield silver ice bucket rattled as he shoveled them into his glass.

              “I have learned enough to say that Edward, the then Governor General, appeared to botch things from the start. The question is whether or not he intended for the investigation to flounder.”

              Lang stood, crossed to the bar and looked remorsefully into the empty bucket before padding barefoot into the kitchen and filling it from the ice maker.
              “Sorry about that,” Francis said without a shred of remorse.

              Lang sat the refilled ice bucket on the bar. “All is forgiven as long as you haven’t drunk the last of the scotch, too. Now, you were saying. . .? ‘Botched’ how?”

              After pouring from the bottle, both men returned to the couch, sweating glasses in hand. 

              “Well, for openers, when the word of the murder got out, half of Nassau trekked out to Westbourne, Sir Harry’s estate. The Duke let them all, maybe a hundred people, tromp through the room where the murder had been committed.”                       

              “Not my idea of securing a crime scene.”

              “Not on
Law and Order, SVU
, anyway. First thing the Duke did when Sir Harry’s house guest, Harold Christe, called him in near panic that morning was to phone the editor of the paper, requesting news of the murder be withheld until the investigation could be begun. Unfortunately, Christe had already called him and the presses were rolling, not to mention local radio.

              “The two local police investigators, Erskine-Lindop and Charles Pemberton did nothing to stop the flow of the curious. The Duke told the local police chief, Chief, Edward Sears, that the local force was ill-equipped to handle a matter of this magnitude. Caused quite a local stir, particularly since Lindop and Pemberton were experienced investigators. There were some who thought they were marginalized, if I can use that word, because they were natives. Both men had outstanding records with the police force.”

              “This magnitude?’” Lang interrupted. “A single murder?”

              Francis paused to sip from his glass. “I have no clue on what he based that. I couldn’t find any evidence the Nassau police weren’t as capable as any other force of a similar size city in the US. I do know Edward used that assertion to, in essence, take over handling the investigation.”

              “The Duke could have asked for assistance from Scotland Yard or even the FBI.”

              Francis shook his head. “There was a war on, remember? Getting someone from London or even the FBI from Washington or New York would have required diverting resources needed for the war effort. A perfect reason not to try. What the Duke did was settle for a pair of Miami homicide detectives he had met somehow on a previous trip to the city. Maybe they provided the sort of security visiting British royalty would have required.             

              “Within a day or two, they claimed the one legible print they had beloged to Sir Harry’s son-in-law. They lifted the print on rubber,
rubber
, mind you, no explanation given. Anyway, it was destroyed leaving only the one they got off the Chinese screen

              “Sounds like the Abbot and Costello of law enforcement.”

              “Pretty much so. Nancy, ‘Freddy’ de Marigny’s wife, hired an American private detective, Raymond Schindler, to prove her husband's innocence. By the time he got to Nassau, someone had ordered the murder scene hosed down. Baker and Melchen claimed they had been told to authorize cleaning the place up since fingerprints had already been taken.”

              “Who told them to authorize that?”

              Francis shrugged. “I’ll leave it to you to guess.  Then, Schindler, the private eye, told Nancy de Marigny he thought his telephone was bugged. He called a number at random, told a total stranger he would meet him at one of the island’s beaches the next night. Who showed up was the Nassau cops.”

              “Are you saying the Nassau police were in on the murder?” Lang wanted to know.

              “
Vere scire est per causas scire 
In on what looks very much like a cover-up. More than a botched job, doesn’t it?”

              “Why a cover up?”

              “That, I’ll leave to you. False accusations are a sin, even against the deceased. But to finish: De Marigny’s lawyer pretty thoroughly discredited the whole investigation. The only credible evidence was that Sir Harry and Freddy did not get along. Sir Harry resented the fact that de Marigny, a divorcee, had eloped with his daughter and made no bones about his displeasure. De Marigny was acquitted. No one ever inquired around the island as to persons buying a gallon or two of gas in a jerry can. Gas was rationed back then. Besides, the number of gas engines on Nassau was pretty limited--a few power boats, a few more trucks and cars, mostly owned by the white population. Anyway, it was a small number of people who needed gasoline. Christe never explained how he could have been in the next room and heard nothing. He said he never left Westbourne until the next day, yet several people, the police chief included, said they saw him late that night in an unidentified truck.

              “No one ever explained why the killer tried to make the scene look like a ritual murder, either.”

              “Suppose it was?”

              Francis drained his glass. “No hint Sir Harry was involved with the local mumbo-jumbo, voodoo or whatever it was.” He checked his watch. “I gotta go. Early morning Mass. Thank Gurt again for me.”

              Lang took his arm at the elbow, a gentle but effective restraint. “Suppose the killer wanted to make it
look
like some sort of black magic was involved, as a diversion?”

              Francis eased his arm loose, heading for the door. “Then I’d say he--or she--succeeded in not diverting but dispersing suspicion. Everyone was a suspect; no one was convicted.”

             
 
The priest took two more steps, stopped with his hand on the front door’s knob and turned. "Lang, you know World War II is over.”

        “Huh?”

        “World War II, the last time our country out and out won a war. Korea isn’t even technically over and we got our butts kicked in Vietnam. Admittedly due to politics, but kicked just the same.”

        Lang wasn’t sure he was hearing correctly. “Your point would be?”

        “I don’t know your involvement in this thing, this whatever in Nassau. Don’t want to know. But guessing from that cut on your face, which seems to be healing nicely, I might add, from that cut, I gather whatever it is in the Bahamas includes some degree of violence.”

        Lang said nothing.

        Francis continued. “My point is, have you considered there might be a way to settle whatever the issues are before more people get seriously hurt?”

        The look on Lang’s face made him add, “Surely there’s a way everybody gets enough of whatever they want to leave each other alone.”

        Francis frequently had the ability to resolve issues he didn’t fully understand. It was a gift. Like the luck he enjoyed on the golf course.

        “I’ll give that some thought.”

              Lang watched his friend climb into the battered Toyota that the parish furnished. A conclusion of fact was emerging from the fog of history, put together with what Jacob had told Gurt. Unfortunately, that same conclusion had apparently been already reached by Alred James and the boys of the Society of St George. He could do nothing for Sir Harry, but he could surely save himself and his own family before those people launched another attack.

              He took out his iPad and dictated a text. It would make no sense to anyone but Jacob.