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Orme flushed. “Yes, my lord.” He looked at Tremayne with reproach. “Mr. Monk told me ‘e'd found papers about a case we'd never closed, and ‘e showed me Mr. Durban's notes on the Figgis case. He said it would be a good thing if we could close it now. I agreed with him. It always bothered me that we ‘adn't finished it.”
“Will you please tell the court what you yourself did then? Since you worked on it with Mr. Durban, presumably Mr. Monk was keen to avail himself of your knowledge?”
“Yes, sir, very keen.”
Tremayne then took Orme through the trail of evidence. He asked about the lightermen, bargees, lumpers, stevedores, ferrymen, chandlers, landlords, pawnbrokers, tobacconists, and quayside news vendors he and Monk had spoken to in the endless pursuit of the connection between the boy, Fig, and the boat in which Jericho Phillips plied his trade. They were always looking for someone who could and would swear to the use of Phillips's boat, and the fact that Fig was there against his will. It was all circumstantial, little threads, second-and thirdhand links.
Rathbone looked at the jury and saw the confusion in their faces, and eventually the boredom. They could not follow it. The disgust was there, the anger and the helplessness, but the certainty of legal proof still eluded them. They were lost in complexity, and because they were still sickeningly aware of the crime, they were frustrated and becoming angry. The day closed with a feeling of hatred in the room, and the police crowded closely around Phillips as he was taken down the stairs to the prison below the court. The mood was ugly with the weight of old, unresolved pain.
Rathbone began cross-examining Orme the next morning. He knew exactly what he needed to draw from him, but he was also aware that he must be extremely careful not to antagonize the jury, whose sympathies were entirely with the victim, and with the police who had tried so very hard to bring him some kind of justice. He stood in the middle of the courtroom floor in the open space between the gallery and the witness stand, deliberately at ease, as if he were a trifle in awe of the occasion, identifying with Orme, not with the machinery of the law.
“I imagine you deal with many harrowing tragedies, Mr. Orme,” he said quietly. He wanted to force the jury to strain to hear him, to make their attention total. The emotion must be grave, subdued, even private with each man, as though he were alone with the horror and the burden of it. Then they would understand Durban, and why Monk, in his turn, had taken the same path. He had not expected to dislike doing this so much. Facing the real man was very different from the intellectual theories of justice, no matter how passionately felt. But there was no way to turn back now without betrayal. When he had to question Hester it would be worse.
“Yes, sir,” Orme agreed.
Rathbone nodded.
“But it has not blunted your sensibilities, or made you any less dedicated to finding justice for the victims of unspeakable torture and death.”
“No, sir.” Orme's face was pale, his hands hidden by his sides, but his shoulders were high and tight.
“Did Mr. Durban feel as deeply?”
“Yes, sir. This case was … was one of the worst. If you'd seen that boy's body, sir, wasted and burned like it was, then ‘is throat cut near through, and dumped in the river as if he were an animal, you'd have felt the same.”
“I imagine I would,” Rathbone said quietly, his head bent a trifle as if he were in the presence of the dead now.
Lord Justice Sullivan leaned forward, his face pinched, his mouth drawn tight. “Is there some purpose to this, Sir Oliver? I trust it has not slipped your mind which party you represent in this case?” There was a note of warning in his voice, and his eyes were suddenly flat and hard.
“No, my lord,” Rathbone said respectfully. “I wish to find the truth. It is far too grave and too terrible a matter to settle for anything less, in the interests of humanity.”
Sullivan grunted, and for a moment Rathbone was afraid he had taken his play too far. He glanced sideways at the jury and knew he was right. Relief washed over him with physical warmth. Then he remembered Phillips shivering in Newgate and his horror of dripping water, and his satisfaction vanished. He turned again to Orme. “You and Mr. Durban worked all your duty hours, and many beyond?”
“Yes, sir.” Orme knew not to answer more than he was asked.
“Was this same passionate dedication also true of Mr. Monk?” He had to ask; it was the plan.
“Yes, sir.” There was no hesitation in Orme; if anything, he was more positive.
“I see. It is not surprising, and much to be respected.”
Tremayne was fidgeting in his seat, growing restive at what seemed to be a purposeless reaffirmation of what he himself had just established. He suspected Rathbone of something, but he could not deduce what, and it troubled him.
The jury was merely puzzled.
Rathbone knew he must make his point now. One by one he touched on the evidence that first Durban and then Monk had pursued, asking Orme for the facts that specifically connected the abuse of the boys to Phillips's boat. Never once did he suggest that it had not happened, only that the horror of the facts had obscured the lack of defining links to Phillips.
The boat existed. Boys from the age of five or six up to about thirteen unquestionably lived on it. There were floating brothels for the use of men with any kind of taste in sexual pleasures, either to participate, or merely to watch. There were pornographic photographs for sale in the dark alleys and byways of the river. What unquestionable proof had Durban, Monk, or Orme himself found that the boys so abused were the ones to whom Phillips gave a home?
There was none. The horror of the cruelty, the greed, and the obscenity of it, had moved all three men so deeply that they had been too desperate to stop it and punish the perpetrators of it than to make certain of their facts. It was only too easy to understand. Any decent man might fall into the same error. But surely any decent man would also be appalled at the idea of convicting the wrong person of such a heinous crime, deserving of the gallows?
The court adjourned for lunch with quite suddenly a complete and awful confusion, a knowledge that all the certainties had been swept away. Only the horror remained, and a sense of helplessness.
Rathbone had accomplished exactly what he had intended. It was brilliant. Even the subtle and clever Tremayne had not seen the trap before he was in it. He had left pale-faced, angry with himself.
Hester was waiting to testify to her part in the investigation when Tremayne came to her during the lunch adjournment. She was sitting in one of the public houses that provided food, but she was too tense to do more than take an occasional bite of her sandwich, and then found it difficult to swallow.
He sat down opposite her, his face grim, his manner apologetic. He too declined to eat more than a sandwich and drink a glass of white wine.
