A Matter for the Jury (19 page)

‘Yes,' Ben said. ‘But the clock was running, wasn't it? Usually choristers start by the age of eight, so that their voices can be properly trained, don't they? Eight or nine is about the limit. Raymond was ten. So, unless he was accepted more or less immediately, his chance would have gone forever, wouldn't it?'

Stone nodded unhappily.

‘I'm sorry, Mr Stone. Please answer audibly.'

‘Yes.'

‘You approached Mr Sharples, as the choir master, for a reference, didn't you?'

‘Yes.'

‘But Mr Sharples wouldn't give Raymond a reference, would he?'

Stone became animated, rocking backwards and forwards, his hands in front of him, gripping the rail of the witness box.

‘Sharples didn't know what he was doing. He didn't take the time and the trouble to…'

‘I'm not concerned with the rights and wrongs of that, Mr Stone,
' Ben said. ‘I am sure you believe that Mr Sharples was wrong. That's not my concern. My point is that, once Mr Sharples formed that view, Raymond's only hope was Mr Little; because if the vicar recommends a boy, the school will generally audition him – at least take a look at him. Isn't that right?'

‘Yes.'

‘You asked Mr Little for a reference, didn't you?'

‘Yes.'

‘You needed it desperately because time was running out?'

‘We had to do something quickly, yes.'

Ben paused.

‘Mr Little refused, didn't he?'

Despondent, now.

‘Yes.'

‘How did you feel about that?'

The simple question, the invitation to express himself, seemed to take Stone aback. To Ben's surprise, he answered quietly.

‘What hurt us was that h
e didn't even think about it,' Stone replied. ‘He didn't even listen to Raymond sing, except in the choir on Sundays, and you can't tell much with the service going on, people coughing and moving around, and so on. You have to be there for choir practice. He didn't even consider it. We not only asked him, we begged him. But he just said that Sharples was a better judge than he was, and that was the end of it. And our family have been members of that congregation for three generations. We have been churchwardens, and…'

‘I quite understand,' Ben said. ‘He didn't treat you as you deserved to be treated. As your vicar, he let you down.'

‘He did.'

‘And you were angry about it, weren't you?'

The witness folded his arms again, and considered.

‘I was very upset. We all were.'

‘Upset
?' Ben asked incredulously. ‘You weren't upset, Mr Stone. You were angry. You were furious, weren't you?'

‘I wouldn't say…'

‘And that's what this is all about, isn't it?'

‘I don't know what you mean by that.'

‘Yes, you do.
This is about revenge, isn't it? Mr Little thoughtlessly ended your son's musical career before it had even begun. And in return you, or Raymond, or both of you, have made up these stories about him, haven't you? To get your own back?'

Stone pointed a finger at Ben, spluttering.

‘You can't say things like that,' he shouted. He turned to the judge. ‘You tell him. He can't say things like that.'

‘Counsel has a duty to put his case to you, Mr Stone,' the judge said quietly.
‘You don't have to accept it. What do you say about it?'

‘It is not true,' he shouted.

‘I have no further questions,' Ben said dismissively, resuming his seat.

* * *

Gareth then called Raymond's mother, Angela Stone. All she could say was that she had gone up to Raymond's bedroom after his father had talked to him. The boy was very upset. She made him cocoa and settled him down in bed.
Her husband had told her what Raymond had said but, before she could pass it on to the jury, Ben successfully objected that it was hearsay, and Gareth did not press the matter. Gareth did not ask her about the King's School. After a moment's hesitation, Ben decided not to cross-examine.

Lastly, Gareth called PC Willis, to deal with the arrest of the Reverend Little at his vicarage. He gave evidence that he had interviewed Little under caution later that same day, and that Little had stoutly denied any wrongdoing from first to last.

‘Officer,' Ben asked, ‘what was the defendant's reaction on being arrested?'

‘He was extremely shocked, sir', Willis replied.

‘How did that shock manifest itself?'

‘When I told him he was under arrest, he almost collapsed into a chair, sir. I'm not sure he even heard me caution him. I repeated it two or three times, to make sure. I allowed his housekeeper to make him a cup of tea before I took him to the station. I had to leave it for several hours before I could interview him.'

‘Thank you, officer.'

‘His solicitor, Mr Singer, also witnessed his distress, sir,' Willis added, unprompted. ‘He spent some time with Mr Little before he was interviewed.'

‘Thank you very much officer,' Ben said.
‘Nothing further.'

Gareth stood.

‘May it please you, sir, that is the case for the prosecution.'

Judge Peterson looked up at the clock, which indicated that the time was 3.30.

‘I think that's as far as we will go today,' he said. ‘Members of the jury, we will resume at 10.30 tomorrow morning.'

‘I will extend the defendant's bail overnight,' the judge said to Ben, after the jury had left court. ‘But your client should be aware that I will not necessarily do so once the jury has retired.'

In the robing room, Gareth was hurriedly donning his tie and jacket.

‘Fifteen minutes to catch my train,' he said. ‘I think I can just make it.'

‘You're not staying?
You're going back to London and coming out here again tomorrow morning?' Ben asked.

‘Oh, God, yes,' Gareth replied. ‘You know me well enough, Ben. I don't like to be away from home unless I'm in Wales. Besides, I'm outnumbered here. I will see you tomorrow.'

He hesitated at the door and looked back at Ben.

‘There's still time to plead.'

‘Goodnight, Gareth,' Ben replied, smiling.

* * *

Barratt Davis was waiting for him outside the Town Hall
. They stood together silently for a while, enjoying the fresh air of Market Square. The exertions of the day were catching up with them and, despite a light drizzle, they were grateful to be out of the stuffy atmosphere of the courtroom. At length, Barratt began the slow walk across the square to the George.

‘I tried to get Little to hang around to talk to you, but he really wanted to get away,' Barratt said. ‘He is a bit on edge, as one might expect. I told him to meet us at the hotel not later than 9 o'clock tomorrow, so you will have time to give him a few last-minute tips about giving evidence. I've explained that once he begins his evidence, he won't be able to talk to us until it's finished.
He understands that.'

‘Was he happy with the way things went today?'

‘Yes, he seemed to be. He enjoyed your cross of Stone Senior – as did I, by the way.'

Ben smiled.

‘Thank you. Yes, I think we scored a couple of points there. I don't think Gareth was happy with him. And he hardly pressed the mother at all, did he? It seemed to me that he wasn't sure what she might say.'

‘And it was
a good decision not to cross her,' Barratt replied. He stopped just outside the front door of the George. ‘I have the impression that Little thinks we are doing well so far. He does have one concern, though, and he seems quite worried about it.'

‘What's that?'

‘It was what the judge said, just before he rose – about withdrawing bail once the jury retires. Little says he is extremely claustrophobic.
The idea of being locked up while they decide his fate is making him anxious.'

Ben sighed.

‘Barratt, if he is convicted…'

‘Yes, I know,' Barratt said. ‘I did remind him of that. But, for some reason, the idea of being locked up for this particular period of time is worrying him. I said you would mention it to the judge tomorrow. Can you do it before he gives evidence?'

Ben shook his head.

‘That's not a good idea,' he replied.
‘There is a good chance that the judge will be against us. It's not unusual for bail to be withdrawn at that stage in a serious case. If the judge tells him that before he gives evidence, he will be worrying about it more than he is now. I need him to be able to concentrate on his evidence. He's going to need his wits about him when Gareth cross-examines. Better to leave him with some hope of bail being extended and, if not, cross that bridge when we come to it.'

Barratt nodded.

‘Fair enough.'

They entered the George. Jess had already
taken possession of their favourite corner table. She stood as they approached.

‘You both look like men who need a drink,' she smiled. ‘I am happy to take orders to the bar. How did it go this afternoon?'

‘I think it went as well as we could have hoped,' Barratt replied. ‘Ben did quite a bit of damage to the prosecution witnesses. Hard to read this bloody jury, though. They are not giving anything away. But at this point, I would say we are in with a chance. Mine's a pint of bitter –
and then you can tell us about Joan Heppenstall.'

‘Same for me, Jess, thanks,' Ben said.

The bar was quiet, and Jess returned quickly with drinks and dinner menus. She resumed her seat.

‘Joan is in her room,' she said. ‘She said she was tired, and would have room service. But she is here, and she has every intention of being in court tomorrow.'

Ben glanced across at Barratt.

‘Jess, I'm depending very much on your judgment in this.
You have talked to her. If anyone has a sense of whether we can trust her as a witness, it's you. It's a big decision. If we call her and she does well, there is no doubt it will help.'

Jess ran her hands through her hair nervously.

‘What does “doing well” mean?' she asked.

‘Ideally,' Barratt replied, ‘we would like her to say that they spent days at a time in bed and they were at it like rabbits.'

Ben laughed. ‘If she's going to say that, Barratt, let's make sure we call the Canon first,' he said.

‘I will make a note of that,' Barratt grinned.

Ben became more serious. He leaned forward across the table.

‘Jess, look, it's my decision whether or not to call her.
I don't want you to worry about it. No one is going to blame you – certainly not me. But I need you to tell me honestly what you think. I trust your judgment. I'm not worried about her sinking him without trace out of malice. She would not have left York if that was how she felt. I'm sure of that, based on what you have told us before. She is obviously a woman of integrity. However much she may feel betrayed, I don't believe she would do that.
But I am concerned that she might damn him with faint praise, if you get my point.'

Jess nodded thoughtfully.

‘We talked quite a lot on the way from the station. I think she was being honest with me. She is here to help Ignatius. She is intelligent enough to know what that means.' She paused. ‘I would call her.'

Ben smiled.

‘Thank you,' he said. ‘Then, that's what I will do. And now, to dinner.'

26

14 April

‘I am going
to keep my examination in chief as short as I can,' Ben said. ‘I can't guarantee how long cross-examination will last, but Mr Morgan-Davies is not one of those barristers who go on and on. He is usually short and to the point. The important thing, Mr Little, is that you concentrate on the questions. Answer the question and then stop. Don't try to make a speech. Don't try to defend yourself. That's my job. Keep it short.
That way, you will give the jury the impression of confidence – and it will get you out of the witness box as quickly as possible.'

Ben was relieved that Little did not seem as nervous as he had feared. He was tense, but that was to be expected. Anything less and the jury might even be suspicious. Little nodded.

‘I will be all right,' he said. ‘I was very relieved to know that Joan was here. Suddenly I felt more confident.' He paused. ‘I wish I could have seen her last night.'

‘It wasn't advisable,' Ben replied quickly.
‘She is going to give evidence for you. We don't want the jury thinking you have discussed your evidence together. Mr Morgan-Davies would be entitled to ask you about what you discussed. Much better to keep you apart until after you have both finished your evidence.'

‘And on the other matter, Mr Schroeder, you will…?'

‘Yes, I will ask the judge to extend bail while the jury is out,' Ben replied. ‘I don't know what he will say, I can't promise anything, but I will ask. Don't think about that now, Mr Little. This is the most important moment of the trial.
Everything may depend on your evidence. Concentrate on your evidence, and we will worry about everything else later.'

* * *

‘Tell the jury something about yourself,' Ben said. ‘Where did you grow up?'

Little seemed composed in the witness box, standing still and, as Ben had instructed him, speaking directly to the jury as he gave his answers.

‘I grew up in Suffolk, not far from Ipswich,' he replied. ‘My father was a vicar in a country parish.
My mother helped him in the parish.'

‘Brothers or sisters?'

‘No. I'm an only child.'

‘After school, what did you do?'

‘I got a place at Selwyn College, Cambridge, to read Classics. I got an upper second.'

‘What else did you do at college?'

‘I helped the chaplain in chapel in various ways. But I also rowed a bit. Not in the first eight or anything like that, but our boat did reasonably well in the summer and Lent bumps.'

‘No oar to put on the wall, though
?' Ben asked, smiling.

Little smiled back. ‘No, I'm afraid not.'

‘When did you decide you wanted to be a clergyman?'

Little looked away from the jury for a moment, then back again. He took his time with his answer.

‘I think I have always known. Certainly, since I was a boy. Of course, the church has always played a part in my life because of my father. But it always seemed natural to me to follow in his footsteps. I never really wanted to do anything else.'

‘
After Selwyn, you went on to theological college?'

‘Ridley Hall in Cambridge, yes.'

‘When were you ordained?'

‘In 1959.'

‘Just before we move on,' Ben said, ‘when a man puts himself forward for ordination in the Church of England, does the Church make any inquiries about his character?'

‘Very much so,' Little replied. ‘They interview you in depth, they speak to your family, friends, everyone.'

‘The jury will hear more detail about that from Canon Williams later,' Ben said. ‘But let me just ask you this. Did anyone ever suggest to you that there was any problem about your being ordained? Any question about your character?'

‘Never once,' Little replied firmly.

‘What was your first posting after you were ordained?'

‘I was curate at St Anthony's, Great Shelford. I stayed there for about three years –
until last year, when I was appointed vicar at St Martin's in St Ives.'

‘While you were curate at Great Shelford, did you have any particular responsibilities?'

‘Several. One – which is quite a common thing for curates to undertake – was the church youth club.'

‘Tell the jury about that. How many young people came to the club?'

‘We might have anywhere from five or six up to twenty or more, depending on the time of year, and what kind of activities we planned.'

‘Were there both boys and girls?'

‘Yes.'

‘What ages?'

‘From ten up to seventeen.
We didn't have a big enough congregation to have different clubs for different age groups, as they might in a bigger parish. They all joined in together.'

‘Was any complaint ever made about your conduct in Great Shelford?'

‘Never. On the contrary. I believe I was well liked. When I left, the youth club gave me a leather-bound volume of the Psalms and Proverbs.'

Ben paused. ‘I suppose I should ask you this formally, though it is really quite obvious. Have you ever been convicted of any criminal offence?'

‘Never.'

Ben paused again.

‘Mr Little, did you indecently assault Raymond Stone?'

Little looked directly into the eyes of the jury.

‘I did not.'

‘Did you expose your penis to him?'

‘I did not.'

‘When Mr Stone telephoned you on the evening of 22
January, did you say to him that you didn't know what came over you, or any words to that effect?'

‘No. I had no reason to say any such thing.'

‘Did you say that you were sorry about anything?'

‘I may have said something like that, yes.'

‘Why would you have said that?'

Little shook his head.

‘Mr Stone was not making sense.
It was late at night. He was talking very rapidly. He kept saying something about touching, but I didn't understand what he meant. I assumed he was saying that Raymond had somehow been hurt at church. I might very well have brushed up against Raymond in the vestry, of course. It's a small space and people are always getting in each other's way. But I had no recollection of Raymond complaining about anything. It never even occurred to me that he was referring to anything… you know
… improper. Never, for a moment. The man was barely coherent. To tell you the truth, I thought he might have been drinking. I probably should have taken more time to ask questions and try to understand but, as I said, it was late, I was tired, I had a funeral service to conduct the next morning. I just wanted to get rid of him.
I may well have said I was sorry but, if so, I was only talking about some accidental contact.'

Ben nodded.

‘Mr Little, I am sorry to have to ask you this, but I must. Do you have any sexual interest in boys?'

‘Absolutely not,' Little replied firmly.

‘Who is Joan Heppenstall?' Ben asked.

‘She is my fiancée.'

‘You are engaged to be married?'

‘Yes. But for this case, we would be planning our wedding now.'

‘Do you still hope to marry her in due course?'

‘Yes, I do,' Little replied without hesitation.

Ben smiled.

‘Wait there, Mr Little. There may be some more questions for you.'

* * *

‘So, Mr Little,' Gareth Morgan-Davies began, ‘this ten-year-old boy has made all this up, has he?'

‘He has.'

‘He has made up a story involving exposure of the penis, the touching of a penis. He has got all that from his imagination, at the age of ten, has he?'

‘I cannot say where he got it from.'

Gareth smiled.

‘No, of course. But does it not follow from the questions put on your behalf that the boy either made all this up himself, or was fed the story by his father?'

‘Yes, I suppose it does.'

‘Yes. And all this, you say, is because you refused to give him a recommendation for a place at the King's School, is that right?'

‘I cannot say.'

‘That was the suggestion made on your behalf,' Gareth pointed out.

Ben stood.

‘Sir, with all due respect to my learned friend, it is not for the defendant to speculate about why a story may have been made up.'

Judge Peterson looked puzzled.

‘That was what you put to the witnesses, Mr Schroeder.'

‘It was, sir. I have a duty to explore the evidence. But the defendant has no burden of proof. It is not for him to prove why witnesses may have lied.'

Before the judge could reply, Gareth intervened.

‘Sir, I will be happy to re-phrase my question. Mr Little, you watched Raymond Stone give evidence to this jury.
Did it seem to you that it was easy for him?'

Ben stood again.

‘Sir…'

‘The jury will draw their own conclusions about that, Mr Morgan-Davies,' the judge said.

‘Very well, sir. Mr Little, is it your evidence that he lied to the jury?'

‘Yes, it is.'

‘This ten-year-old boy lied to this jury by saying that you exposed your penis to him?'

‘Yes.'

‘And by telling them that you touched his penis through his trousers? All lies?'

‘Yes.'

‘And while you cannot say why, you are not aware of any grudge or ill-feeling on his part, or his father's part,
except for the matter of the King's School, is that right?'

‘Yes.'

‘If the family were to be angry with anyone about that, it should have been John Sharples, should it not, rather than you? After all, he was the organist, the choir master – he was the one who judged Raymond's talent as a singer?'

Little spread his arms out in front of him.

‘I agree. But I was told that I had some influence in the matter.'

‘Mr Sharples was alone in the church on the evening of 22 January, just as you were alone in the vestry, wasn't he?
It would have been just as easy for him to accuse Mr Sharples falsely if he had chosen to do so. Is that not correct?'

‘I cannot say. Sharples may have been alone in the church at some point, but I had asked Raymond to come to the vestry to assist me, and he agreed to do so.'

‘Is it right that the Stone family have been loyal members of the St Martin's congregation for at least two generations?'

‘To my knowledge, yes.'

‘You are not telling the truth, are you, Mr Little? You have a sexual interest in boys which you did, perhaps, keep hidden until recently?'

‘That is not true…'

‘Y
ou found Raymond impossible to resist?'

‘No.'

‘You had the perfect opportunity, having him all to yourself in the vestry, with no one else around, didn't you?'

‘No.'

‘And you no doubt believed that even if he did complain, no one would believe him, no one would take his word against that of the vicar. Was that what you thought, Mr Little?'

Little had turned deathly pale. He rocked back and forth in the witness box.

‘I did not hear a reply to my question, Mr Little.'

The reply was shouted, at the top of his voice. It was so shocking, after the quiet exchange which had preceded it, that the entire courtroom seemed to wake up from a reverie. The effect on the jury was palpable.
The members of the jury sat up sharply in their seats, and stared at the witness.

‘No!' He brought his fist down hard on the top of the witness box.
‘That is not true. It is a pack of lies. I cannot say what has made them say these things against me. Perhaps I ought to have been more sensitive about the question of the school.
But I had just arrived in the parish; it was my first living as vicar. I had a great deal to do, a great deal on my mind. Sharples had said that Raymond was not good enough for King's, and I thought no more about the matter. Perhaps I should have questioned him, but I did not. I regret that now. But I did not touch that boy or expose myself to him. I am a man of the cloth, a man of God. I am not guilty of this offence.'

Gareth seemed as taken aback as the jury. He sat down abruptly.
Ben stood. He was not for one moment tempted to re-examine.

‘Unless you have any questions, sir?'

Judge Peterson did not.

* * *