"But they weren't telling the truth," said Beth.
"I see," said Pearson. "So all the other witnesses were willing to lie under oath."
"Yes, they were all protecting him."
"And you're not protecting your fiancé?"
"No, I'm telling the truth."
"The truth as you see it," said Pearson, "because you didn't actually witness what took place."
"I didn't need to," said Beth, "because Bernie told me exactly what happened."
"Are you sure it was Bernie, and not Danny?"
"No, it was Bernie," she repeated.
"Just before he died?"
"Yes!" shouted Beth.
"How convenient," said Pearson.
"And once Danny is in the witness box, he'll confirm my story."
"After seeing each other every Sunday for the past six months, Miss Wilson, I have no doubt he will," said Pearson. "No more questions, m'lord."
CHAPTER ELEVEN
"WHAT DID YOU have for breakfast this morning?" said Alex.
"Not that hoary old chestnut," said his father, his voice booming down the phone.
"What's so funny?"
"I should have warned you. Pearson has only two openings when it comes to cross-examining a defense witness; as a young barrister he worked out that only the judge will have heard them before, but to any unsuspecting witness, not to mention a jury, they will always come as a complete surprise."
"And what's the other one?" asked Alex.
"What's the name of the street when you come out second on the left of your front door to go to work in the morning? Few witnesses manage to answer that one correctly, as I know to my cost. And I suspect that Pearson walks the streets around the defendant's home on the evening before he opens a cross-examination. I bet you'd find him prowling around the East End right now."
Alex sank back in his chair. "Well, you did warn me not to underestimate the man."
"Sir Matthew didn't reply immediately, when he did eventually speak, he raised a subject Alex hadn't even considered. "Are you going to put Cartwright in the witness box?"
"Of course," said Alex. "Why wouldn't I?"
"Because it's the one element of surprise you have left. Pearson will be expecting Cartwright to be in the witness box for the rest of the week, but if you were to close your case tomorrow morning without any warning, he'd be on the back foot. He's assuming that he'll be cross-examining Cartwright some time towards the end of the week, perhaps even next week, not to be asked to sum up for the prosecution first thing tomorrow."
"But if Cartwright doesn't give evidence, surely the jury will assume the worst."
"The law is quite clear on that point," replied Alex's father. "The judge will spell out that it is the prerogative of the defendant to decide if he wishes to enter the witness box, and that the jury should not jump to conclusions based on that decision."
"But they invariably do, as you've warned me so many times in the past."
"Perhaps, but one or two of the jury will have noticed that he wasn't able to read that article in the Bethnal Green and Bow Gazette and assume you've advised him not to face Pearson, especially after the grilling he gave his fiancée."
"Cartwright is every bit as bright as Pearson," said Alex. "He just isn't as well educated."
"But you mentioned that he has a short fuse."
"Only when someone attacks Beth."
"Then you can be sure that once Cartwright's in the witness box, Pearson will go on attacking Beth until he lights that fuse."
"But Cartwright doesn't have a criminal record, he's been in work since the day he left school, and he was about to get married to his long-term girlfriend who just happens to be pregnant."
"So now we know four subjects Pearson won't mention in cross-examination. But you can be sure he'll question Cartwright about the playground incident in his youth, continually reminding the jury that a knife was involved, and that his girlfriend conveniently came to his rescue."
"Well, if that's my only problem-" began Alex.
"It won't be, I can promise you," replied his father, "because now that Pearson has raised the knife fight in the playground with Beth Wilson, you can be pretty confident that he has one or two other surprises in store for Danny Cartwright."
"Like what?"
"I've no idea," said Sir Matthew, "but if you put him in the witness box, no doubt you'll find out." Alex frowned as he considered his father's words. "Something's worrying you," said the judge when Alex did not reply.
"Pearson knows that Beth's father told Cartwright he had changed his mind about appointing him as manager of the garage."
"And intended to offer the job to his son instead?"
"Yes," said Alex.
"Not helpful when it comes to motive."
"True, but perhaps I've also got one or two surprises for Pearson to worry about," said Alex.
"Such as?"
"Craig stabbed Danny in the leg, and he's got the scar to prove it."
"Pearson will say it's an old wound."
"But we have a doctor's report to show it isn't."
"Pearson will blame it on Bernie Wilson."
"So you are advising me not to put Cartwright in the box?"
"Not an easy question to answer, my boy, because I wasn't in court, so I don't know how the jury responded to Beth Wilson's testimony."
Alex was silent for a few moments. "One or two of them appeared sympathetic, and she certainly came across as an honest person. But then, they might well conclude that, even if she is telling the truth, she didn't see what happened and is taking Cartwright's word for it."
"Well, you only need three jurors to be convinced that she was telling the truth, and you could end up with a hung jury and at worst a retrial. And if that turned out to be the result, the CPS might even feel that another trial was not in the public interest."
"I should have spent more time pressing Craig on the time discrepancy, shouldn't I?" said Alex, hoping his father would disagree.
"Too late to worry about that," responded his father. "Your most important decision now is whether you should put Cartwright in the witness box."
"I agree, but if I make the wrong decision, Danny could end up in prison for the next twenty years."
CHAPTER TWELVE
ALEX ARRIVED AT the Old Bailey only moments after the night porter had unlocked the front door. Following a long consultation with Danny in the cells below, he went to the robing room and changed into his legal garb, before making his way across to court number four. He entered the empty courtroom, took his seat on the end of the bench and placed three files marked Cartwright on the table in front of him. He opened the first file and began to go over the seven questions he'd written out so neatly the night before. He glanced up at the clock on the wall. It was 9:35 A.M.
At ten minutes to the hour, Arnold Pearson and his junior strolled in and took their places at the other end of the bench. They didn't interrupt Alex as he appeared to be preoccupied.
Danny Cartwright was the next to appear, accompanied by two policemen. He sat on a wooden chair in the center of the dock and waited for the judge to make his entrance.
On the stroke of ten, the door at the back of the court opened and Mr. Justice Sackville entered his domain. Everyone in the well of the court rose and bowed. The judge returned the compliment, before taking his place in the center chair. "Bring in the jury," he said. While he waited for them to appear, he put on his half-moon spectacles, opened the cover of a fresh notebook and removed the top from his fountain pen. He wrote down the words: Daniel Cartwright examination by Mr. Redmayne.
Once the jury members were settled in their places, the judge turned his attention to defense counsel. "Are you ready to call your next witness, Mr. Redmayne?" he asked.