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Barrington And whenever you were making love?
Sherwood We never made love.
Barrington Because if you ha
d done so, you would have taken your shirt off?
Sherwood Yes, I would.
Barrington Would you please turn round now Mr Sherwood? Would you please take you shirt off? (He does so, to reveal a large bum that almost covers his back.) ‘A small burn on his right arm … Only when he takes his shirt off!’ No more questions My Lord.
The lights fade as everyone stares at Sherwood’s back.
Scene Two
The following morning.
Jury Bailiff walks through the door and once again comes face to face with the audience. The clock shows 9.45 a.m.
Jury Bailiff Good morning Ladies and Gentlemen of the Jury, on what will be our last day together. When we return to the court in a few moments’ time, Mr Justice Cartwright will begin his summing up. He will only give you guidance on points of law. He will not offer an opinion on the case, as that is solely your prerogative. After he has completed his summing up, I will accompany you back here to the jury room, where I will leave you to consider your verdict. (The Jury Bailiff glances at the clock, which shows 9.50.) The time has come for us to make our way back to Court Number One. Ladies and Gentlemen of the Jury, please follow me.
Jury Bailiff steps through the door, so thai when the lights come up we are back in Court Number One. Everyone is in place awaiting the Judge and jury.
Usher Be upstanding in the court. All persons having anything to do before my Lords, the Queen’s Justices, oyer and terminer, and general gaol delivery for the jurisdiction of the Central Criminal Court, draw near and give your attendance. God save the Queen.
The Judge enters. When he is in place, they all bow and he returns their bow.
Judge Ladies and Gentlemen of the Jury. Having heard the arguments from both leading Counsel, it is now your solemn task to return a verdict as to whether Mr Patrick Sherwood be guilty or not guilty of murder.
Among the matters you will have to decide is did Mr Sherwood instruct Ms Mitchell to have six ampoules of Potassium Chloride made up outside London. Or was it compelling evidence - as Sir James suggested - that five out of the six prescriptions were not made out for a Friday - the day on which Ms Mitchell insists Mr Sherwood handed them over to her?
And then you will want to turn your attention to the open window leading to the Sherwoods’ fire escape, the rubber glove dropped on the kitchen floor, the wineglass found by Mrs Sherwood’s side and the doctor’s bag left by the telephone. Are they simply four red herrings, or do they point to something far more sinister? And remember that when it comes to reaching your final decision, you must deal only with facts.
Yes, it is a fact that the rubber glove was found to have a deposit of Potassium on it - but was it concentrated grapefruit juice? Yes, it is a fact that an excess of Temazepam was discovered in Mrs Sherwood’s wine - but who put it there? And at the same time, you will want to consider the victim’s words, ’How did you get in?’. Were they addressed to the porter, Mr Webster, as he entered the room, or to someone else who quickly disappeared into the kitchen?
Did Mr Sherwood return to the flat that night, in order to inject his wife with Potassium Chloride, or was he, as he claims, signing a death certificate in Westminster? You are in possession of that death certificate which unquestionably bears his signature and is timed at 10.27 p.m., but was it signed that night or later the following morning? Unfortunately, no one has come forward to verify either account, so only you can decide.
Which takes me on to the significance of a life insurance policy for one million pounds, taken out only weeks before Mrs Sherwood suffered her first heart attack. Did you find this a compelling motive for murder, or just another red herring?
Now we come to the most crucial question in this whole case. Did Ms Mitchell - as she vehemently insisted - have an affair with Mr Sherwood that lasted for several months, or are you persuaded that, having been rejected by him, she made the whole story up? Were you affected by the fact that he obviously knew where she lived or were you more struck by seeing the scar on his back? Although you will recall Ms Mitchell told us that whenever they made love Mr Sherwood insisted that the lights were out. You have been able to observe both of them in the witness box, so you can draw your own conclusions as to which one you feel was telling the truth. For certainly, one of them is a brazen liar.
If you decide it was Ms Mitchell who was being deceitful about her relationship with Mr Sherwood, then you have every right to be sceptical about the rest of her evidence. But if, on the other hand, you are convinced she did have an affair with the accused, then you might feel that verifies the rest of her story.
And so the time has now come for you to return to the jury room and consider your verdict. If, when you have completed your deliberations, you feel the Defence have made their case, then it is your duty to return a verdict of Not Guilty. But, if you believe the Prosecution has proved its case beyond reasonable doubt, then it is nothing less than your duty to deliver a verdict of Guilty.
May God guide and assist you in your counsels.
Lights dim in the court. Jury Bailiff steps through the jury door, into spot, as house lights go up.
Jury Bailiff Members of the Jury, the time has come for you to make your decision, but do not do so until I instruct you.
It is your task to decide whether you believe Mr Patrick Sherwood is guilty or not guilty of the murder of Elizabeth Sherwood.
I will leave you for a few moments to talk among yourselves and consider your verdict. (He leaves the stage for 30 seconds.)
Usher Silence in Court.
Jury Bailiff Please take the monitor from the back of the seat in front of you, and register your verdict, guilty or not guilty, now.
