Dead in the Water (27 page)

"Profitable to the extent of an additional twelve million dollars?" "Yes." "But instead, she has asserted that he died as the result of a heart attack, has she not?" Sir Winston was up. "Objection; no testimony to that effect thus far." "Sustained," the judge said. "Let me put it this way, Mr. Stendahl. In your experience as an insurance investigator, would a person who had decided to murder an insured do so under conditions of maximum profitability?" "Yes." "Not under conditions which would pay only half the available money?" "No." "Then, as an experienced investigator, when determining the facts of this case, would you say that Mrs. Manning is more likely or less likely to have murdered her husband?" Stendahl sighed. "Less likely." "One final question, Mr. Stendahl," Stone said. "As a witness in this trial, you are not entirely objective, are you?" "I beg your pardon?" "What I mean is, you have an ax to grind in this case, do you not?" "I don't know what you mean." But he looked as though he knew exactly what was meant. "Mr. Stendahl, can a person murder another, then collect on his life insurance?" "No. A murderer is not legally entitled to benefit from his crime."

"So if Mrs. Manning should be convicted in this court, what would be the next action of you and your COmpany?"

The ax fell on Stendahl. "Ah, we would of course endeavor to recover the money already paid."

"So, you and your company have a twelve-million-dollar ax to grind, do you not?"

"I, ah, see your point," Stendahl said softly.

"I'll take that as a yes. Thank you, Mr. Stendahl; no further questions." Stone sat down and gripped the edge of the table so that his hands would not be seen to tremble.. Now the playing field was better than even; it was tilting his way.

Sir Winston dialed no redirect. He was not looking happy. He called his next witness. "The prosecution calls Captain Harold Bean, of the St. Marks Constabulary." A well-starched officer took the stand and the oath.

Now, Stone thought, we find out what, besides the diary, the police might have found on the Expansive.

CHAPTER

r Winston shuffled some notes, then addressed his witness. "Captain Beane, in the pursuit of your duties did you have occasion to visit the yacht Expansive at the marina in English Harbour?" "I did."

"For what reason?"

"I received a call from the customs officer at English Harbour saying that a death had occurred on a yacht which had just sailed into the harbour."

"What did you find when you arrived at the marina?" "I found Mrs. Allison Manning alone on the yacht. She told me that her husband had died aboard while they were en route from the Canary Islands to St. Marks."

"Did she mention a cause of death?"

"She said he had died of natural causes; she strongly suspected a heart attack."

"Did you later have occasion to search the yacht?" "I did, after the preliminary questioning of Mrs.

"Did you find any evidence aboard the yacht to sup-Mrs. Manning's contention that her husband had of natural causes?" "No, I did not."

"Did you find any evidence aboard the yacht to sugthat Mr. Manning might not have died of natural

'/ "I did." Sir Winston held up the leather-bound diary for the to see, then handed it to the officer. "Did you find book?" "I did." "After comparing it with other documents aboard the yacht, did you find the book to be in the handwriting ?aul Manning?" "I did. Mrs. Manning confirmed that." "In what form is the book written?" "In the form of a diary." "A diary written in the hand of the murder victim?" Stone was on his feet. "Objection; no evidence has been offered to indicate that a murder took place." Sir Winston turned on him. "The man is dead, isn't he?" The judge intervened. "I am sorry, Sir Winston, but Mr.

Bardngton is right. The objection is sustained."

Sir Winston nodded, then turned back to his witness. "A diary written in the hand of the deceased?" "Yes." "Captain, would you turn to page three and read the passage marked, please?"

STUPOR? WOODS

The officer found the page. '"ey had been on the boat together for months now, and she had been the perfect bitch. She had always had a temper, but now she frightened him with the intensity of her anger."" He looked up from the book.

"Now please turn to page seven and read the marked text."

The officer found the passage. ""They argued one day as she was making lunch. She had a chef's knife in her hand, and for a moment, he thought she might use it on him. He slept badly that night, waking often, expecting to feel the blade in his back.""

"Thank you, Captain," Sir Winston said, taking back the book. "Your Lordship, we wish the diary to be recorded as Exhibil Number One for the prosecution. Now, did you find on the yacht any weapon that might be used to commit a murder?"

"There were no firearms, except a flare gun which had never been fired," the officer replied, "but there were many knives aboard--several' in the galley and two on deck in scabbards, secured to parts of the yacht."

"Was any of these knives of sufficient size and strength to be used to kill a man?"

"They were, all of them."

Sir Winston paused dramatically and looked at the jury as he asked his next question. "And did you find any other weapon?"

"Yes, I did."

Sir Winston reached into his briefcase, brought out an object, and held it up for the jury to see. Without taking his eyes from the jury, he addressed his witness. "Did you find this item?"

"I did," the officer replied.

Sir Winston handed it to the bailiff, who handed it the witness. "And what did you determine this object be?"

"It is a spear meant to be fired at fish by a gun oper compressed air."

"Could this spear be fired out of the water?" "Indeed it could."

"With sufficient force to penetrate and kill a man?" "Yes, indeed. I believe it would be effective from a ance of as much as twenty feet."

"Is any particular strength or skill required to load a spear gn?"

"Could a woman do it?"

"A child could do it:'a

Sir Winston produced a spear gun from his brief:ase. "Would you demonstrate the weapon for the

"I would be glad to."

Sir Winston turned to the judge. "May' the witness i leave the box for the purpose of a demonstration, Your Lordship?"

"He may," the judge replied.

The captain stepped down from the box, and another officer entered with a sheet of plywood, leaning against a wall. The captain loaded the spear gun, aimed it at the plywood, and fired. The spear buried itself solidly into the wood with a loud thunk. There was a stirring in the jury box as the members imagined the entering Paul Manning's body.

"The defense wishes the spear recorded as Exhibit

Number Two for the prosecution," Sir Winston said. "I

have no further questions for the witness at this time." "Mr. Barrington?" the judge said.

Stone rose. He wanted to address the spear first. "Thank you, Your Lordship. Captain Beane, have you had occasion to go aboard other yachts at English Harbour?"

"On many occasions," the officer replied. "Did any of them have knives aboard?" "Oh, yes."

"Did all of them have knives aboard?"

"I suppose so."

"Did any of them have spear guns aboard?"

"Yes, I suppose so."

""So knives and spear guns are quite common, if not universal equipment aboard yachts, are they not?" "Yes, they are."

"Did you find any specific evidence that the spear or any of the knives aboard the yacht Expansive was used in the commission of a murder?"

"Well, no."

"No blood on the spear or any of the knives?" "No."

"No blood on the decks?"

"Well, blood could have been washed off."

"Did you find any evidence that blood had been washed off anything?"

"No."

"Then what made you conclude that a murder had taken place at all?"

"Oh, the diary," the captain replied. "I found the diary very incriminating."

alo

; "Have you read the diaries of any other men besides

Manning?"

"One or two."

"Were they written in the third person?"

"I'm sorry?"

"Mr. Manning's diary was written to say, "He did or did," not "I did," is that not so?" "That is so."

"So it was written in the third person?"

"Ah, yes, I see. Yes, the third person."

"Were any of the other diaries you read written in third person? Or were they written in the first per diarist describes himself as "I'?"

"They were written in the first person."

"In your experience as a police officer, would you say diaries' are generally written in the first person?" "Generally, I suppose."

"Are you aware of how Mr. Manning earned his liv-;?," i "Yes, he was a writer."

"Do you know what his specialty was as a writer?" "No."

"We have heard evidence that he was a writer of mystery stories. Did you know that?" "No, I didn't."

"Have you ever before seen the notes a writer aaakes before he begins writing a book?"

"Can you understand how a writer might write notes and scenes that he might later incorporate into a 'book?"

"Yes, I suppose."

"Has it occurred to you that this so-called diary might not be a diary at all, but a collection of notes for Mr. Manning's next book?"

Ah, no.

"Now that you have been enlightened as to a writer's working habits, don't you think it possible that the book might be Mr. Manning's preliminary notes?"

"I suppose it could be," the captain admitted.

"Is it not likely that the book is his notes?"

Sir Winston was up. "Objection; calls for a conclu "Your Lordship," Stone said, "the captain has already reached a quite different conclusion, with the help of Sir Winston, based on no real evidence at all; why can he now no change his mind and possibly reach another conclusion?"

"Overruled," the judge said. "Answer the question, Captain."

The officer looked very uncomfortable. "I suppose it might be likely that the book is Mr. Manning's notes."

"Thank you, Captain," Stone said. "No further questions."

Sir Winston stood up. "Captain Beane, how long have you been a police officer?"

"For twenty-one years," the officer said, looking grateful to be back on familiar ground.

"Is it, after thorough investigation, your professional opinion that the spear gun might have been used as a murder weapon?"

"Yes, it is," the captain said, smiling broadly.

"No further questions," Sir Winston said, sitting down. "The prosecution rests."

Stone was flooded with elation. He turned to Sir

Hewitt and whispered, "Is that it?"

"It appears to be," Hewitt whispered back. "Good," Stone said, feeling relieved.

The judge produced a gold pocket watch from a fold his robe. "We will break for lunch now," he said.

a, ill reconvene in one hour."

CHAPTER

, tone stood up and waved at Allison. "Want some lunch?" But a police officer was already escorting her from the dock. "Can't she have lunch with us?" he asked Leslie Hewitt.

"I'm afraid not,"-Hewitt replied. "Her bail was automatically revoked when the trial began. Don't worry, they'll feed her."

They walked out of the courthouse, and Hewitt led Stone to a small restaurant across the street. "Everyone from Government House has lunch here," he said.

Stone took a seat with the barrister at a small table, then remembered that he was still clad in robe and wig. He removed the wig and placed it on the table next to him.

"Put it back on," Hewitt said. "Bad form to remove it as long as you are robed." Stone put the thing back on, and as he did he saw

"Winston and his assistant at the other end of thenar both still robed and wigged.

"What would you like?" Hewitt asked.

Stone didn't see a menu. "Whatever you're having." "They make a very nice seafood stew here; it's the of the house."

"That will be fine."

Hewitt ordered for both of them, and the waitress them cold bottles of beer.

"Well, we have a decision to make," Stone said. "What is that?" Hewitt asked. "Whether to call Allison to the stand." "Of course we must call her," Hewitt said.

"But wy?. Sir Winston has no case at all, as far as I

should simply rest our case and move for an uittal, and I,think we'd get it."

"We shall certainly move for an acquittal, as a mat-of form," Hewitt replied, "but it is unlikely in the we would get it."

when' the prosecution has offered thin evi-and that evidence has been efuted in court?"

"I can see where you might not wish to call Allison,

from the American legal tradition, as you do." "She's not required to testify, is she?"

"Not legally, no; she has a right to forgo questioning by invoking her right against self-incrimination. But unlike in America, in St. Marks the jury may consider that an indication of guilt."

"Oh."

"What's more, if we didn't call Allison, Sir Winston would reopen his case and call her himself, you see."

"I see."

"In any case, Allison is her own best witness, don't you think?"

"Yes, I do think that, but it troubles me that Sir Winston has brought this case with no more evidence than he has."

"You must understand that in our legal tradition, although the presumption of innocence is given lip service, in fact even the insinuation of. guilt must be answered in order to convince a jury that the accused is innocent beyond a reasonable doubt. Even the term 'reasonable doubt' has a different meaning here, as you will learn when the judge charges the jury. It more or less means that if a juror, after hearing the evidence, thinks the prisoner is probably guilty, then he votes that way. "Only if he seriously doubts guilt will he vote for acquittal. I know you think all this is very quaint, but that is the way the law has developed here in the years since the British left. Of course, it has been steered that way by the likes of Sir Winston, the prime minister, who was a barrister and a judge, and Lord Cornwall. The system is very much more comfortable if it is easier to find the accused guilty instead of innocent. And, of course, they have no written constitution or Supreme Court looking over their shoulders."