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'You did tell him that, didn't you? You did pass on to him this information
which you had obtained from Mr Grant?'
'I don't know. I expect so.'
'Was your father surprised?' And when David didn't answer. Counsel went on
, 'What I want the Court to know is whether or not Colonel Whitaker knew a
bout the newspaper stories of your exploits and the fact, that there had b een
questions in the House. The evidence at the moment points to the fact that he
couldn't have known before you told him. Would you agree?'
'I really can't say.'
'But he must have made some comment, shown some reaction?'
'I tell you, I don't remember. I wasn't in a fit state to remember details.'
'You were talking to him from one of the embrasures of the tower or from th e
entrance hole?'
'From the embrasure. I should have been an easier target if I'd dragged myself
to the entrance hole and I was afraid of getting sniped at.'
'And the whole interview was carried on with you in that same position. You
didn't move at all?'
'No.'
'Where was Colonel Whitaker?'
'Standing right below me.'
'Could you see him?'
'Yes.'
'And when the interview was ended; where did he go then?'
'I think he moved nearer to the tower, away to my right. I can't be sure, but
I
lost sight of him.'
'Towards the cliff-top?'
'Yes.'
'And what happened then?'
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'Well, a little time passed, and then . . . then there was a shot.'
'A rifle shot or a pistol shot?'
'It was a rifle shot.'
'You're certain of that?'
'Yes.'
'And after the shot, was there any other sound?'
'Yes, a sound of falling stones. That's when I knew he'd gone over the cliff.'
'What did you do then?'
'I dragged myself to the southern embrasure, but I couldn't see directly down
the cliff face so I didn't know what had happened. I tried to call out to hi
m, but I don't think my voice made any real sound.'
Counsel leaned forward, his voice pitched low. 'You've heard a ballistics
exper t give it as his opinion that your father was killed by a bullet from a
pistol, not a rifle.'
'It was a rifle.'
Counsel stared at him and the whole Court could see the quandary he was in.
But the evidence that had gone before had to be disposed of. 'You have also
heard Dr Logan's evidence. He has said that post-mortem examination strongly
suggests that the shot that killed your father was fired at close range. He
, too, thinks it was a pistol shot.'
'How do they know?' David said almost belligerently. They didn't find the bull
et, did they? And they weren't there. I was, and I'm telling you it was a rifl
e shot.'
The Judge leaned forward. 'I would like to get this quite clear. You have sa
id that your condition was such that you cannot remember what passed between
you. You have, in fact, left the Court with the impression that your powers of
perception at that time were at a very low ebb. Yet on this point of the shot,
you are quite categorical. You say it was a rifle shot?'
'Yes, sir.'
'Had you a rifle in your hand?'
'No, sir. I didn't fire the shot. It was fired by one of those treacherous--'
But the Judge stopped him. 'You will kindly confine yourself to answering the
questions put to you. Am I to take it that you're absolutely clear in your m
ind that the fatal shot was fired from a rifle and not from a pistol?'
'Yes.'
The murmur of a sigh filled the courtroom. They didn't like it. The Judge sa t
back, nodding to Counsel to continue. I glanced at Sue. Her face was white
. She, too, felt the change of mood in the room. It was obvious that David w
as withholding vital evidence about what had passed between his father and h
imself, and he'd been altogether too determined to put the blame for his fat
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her's death on the Emir's men. I heard the man next to me whisper to his com
panion, 'He hasn't a hope if he goes on like this.'
Counsel stood for a moment staring down at his papers, undecided whether to p
ursue the matter further. Finally he lifted his head and faced the witness bo
x again. 'Suppose we consider for a moment that you were in no fit state to b
e certain on this point and that it was, in fact, a pistol shot that killed y
our father. Had you a pistol?'
David stared at him, sullen and white-faced. 'You know I had. That ballistic
chap's already given evidence that he examined it.'
'Quite. A six-chambered revolver with two rounds still left in the chamber s.
And you had some spare rounds loose in a leather bag. Exactly how many rounds
had you fired with that weapon?'
'Just the four. I didn't use any of the spare rounds.'
'Why?'
'A rifle was more useful. I only used the revolver once. That was on the nig
ht Mr Grant left. They got pretty close then and when I'd emptied the magazi
ne of my rifle, I used the revolver.'
'And you fired four rounds with it that night?'
'Yes.'
'I see.' Counsel paused. And then, speaking very slowly, he said, 'If we acce
pt the medical evidence, based on Dr Logan's post-mortem following the exhuma
tion of your father's body, and the evidence of the ballistics expert, then t
he possibility of your father having been killed by one of the Emir's men is
ruled out entirely.' He leaned forward, staring at David. 'I want you to be q
uite clear on this point. There remain then only two possibilities. Either yo
u killed your father or he killed himself.' A long pause this time. And then
the question, put bluntly, 'Did Colonel Whitaker kill himself?'
'He hadn't got a rifle. He wasn't armed.'
'Are you sure? He might have had a pistol concealed under his robes.' And t
hen Counsel put the question again, trying for the way out, pressing the is
sue in an attempt to give David the one chance that might save him. 'Did Co
lonel Whitaker shoot himself or did he not?'
David stared at him, his eyes unnaturally big in his dark face. And then his
mouth opening slowly and the courtroom hushed, some sixth sense warning us all
that he was about to close the door on this one hope of acquittal. And f
inally the words: 'I've told you before - he was killed by a rifle shot fire d
by one of the Emir's men.' And then turning from Counsel towards the Court
, he added in a firm, clear voice, 'Does anyone imagine my father was the so
rt of man who'd kill himself?'
That, more than anything else, settled it in the minds of the Court, for he
was voicing what everyone there felt. And after that there was nothing Couns
el could really do to help him. The Defence rests.' He sat down abruptly and
the stillness in the courtroom was absolute.
The Judge spoke then, his thin, tired voice sounding remote and detached. '
It is almost five-thirty.' He was leaning slightly forward. 'And I gather t
here are certain gentlemen here who have deadlines to catch.' The dry humou r
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produced an easing of tension, a little whisper of relieved laughter. 'I
intend to adjourn now until tomorrow. But before I do so I think it is my d
uty to address a word to the prisoner. Your Counsel has advised you to go i
nto the witness box and you have elected so to do - rightly in my view sinc e
otherwise the Court would have no means of knowing what happened on the m
orning of your father's death.' The voice was warmer now, almost fatherly.
'Today you have been answering questions put to you by your own Counsel. Wh
en the Court resumes tomorrow, however, it will be the Prosecution's turn t o
cross-examine you, and I must warn you that he is likely to question you most
closely on what passed between you and your father. The witness, Georg e
Grant, has shown in his evidence that there was a great deal of misunders
tanding, not to say friction, between the two of you. I feel it my duty to [ Pobierz całość w formacie PDF ]