With the distraction of New Year out of the way, Bates' trial loomed closer than it had seemed to before. Murray came up to talk to all the servants who would be called to give evidence in the trial, and to Robert. He seemed confident, but as Matthew said to Mary when they were alone, it was difficult to know how such a trial would go until it began.
Sybil was reluctant to leave and go back to Ireland, but unlike the rest of the family, she and Tom had to work for their living. They were lucky to have had such a long holiday over Christmas and New Year.
Rosamund stayed at Downton, and although she expressed her sympathy for Bates and said she hoped it all turned out alright, she was actually almost enjoying the excitement and anticipation of the trial and the drama of a man being wrongly accused of murder. It was like the things she read about in books and in the newspapers. Lord Hepworth left, but would be back for the servants' ball, if there was one. Rosamund delighted in having him at her back and call. She was under no illusions. She was no young naïve girl. She knew perfectly well that he wanted her money. But she was also so certain that he really was attracted to her for other reasons. They did enjoy each other's company so much, and surely he didn't like being alone any more than she did. She enjoyed her freedom, and being a rich widow could be great fun. But sometimes she did long for company and love, especially when she came to Downton and saw Robert and Cora together, and all the girls with their husbands.
The day of the trial, all those who were attending were up at dawn, to catch the first train. Mary and Matthew went in the car; Matthew hadn't tried travelling by train yet, and today didn't seem like the right day to try for the first time. William rode in the front, and Anna came in the back with them; Mary had not wanted her to have to face the crowded Third Class carriages on the train. It made Anna sad that the only time she had ever sat in the back with Mary before was on the day of her wedding, but she was grateful for the comfort and calm of the car.
On the journey, Matthew gently explained how the trial would work. Anna tried her best to listen and understand, but her thoughts kept drifting from what he was saying to images of John hanging from a noose. Mary held her hand and did her best to comfort her, but really, there was nothing she could do to make this awful day more bearable for Anna.
They had made vague plans to meet Robert, Isobel, Mrs Hughes and O'Brien at the courthouse and go and find the public gallery together, but this seemed rather optimistic when they saw the crowds of people there. They had arrived early, but the upcoming trial had been in the newspapers; it interested people when an Earl's valet was on trial for murder.
"I think we'd better just go in and sit down," Mary said.
Matthew looked out at the crowds and grimaced. He did not relish the thought of being carried around in front of all these people, but he knew he had little choice. And as Mary had reminded him, it was much less of an ordeal than Bates had been through in his months in prison, and than Anna would have to go through today.
Mary kissed his cheek.
"Ignore them, darling. You'll never have to see any of them again. And you have nothing to be ashamed of or embarrassed about. I'll be right next to you," she said reassuringly.
Matthew nodded. What on earth would he do without Mary? Everything was made bearable by her presence.
William and the chauffeur unstrapped Matthew's wheelchair from the back of the car and William brought it around to the side, and helped Matthew into it. There were only a few shallow steps up to the door, so William got Matthew up them without him having to be carried.
They went into the large, imposing grey building and Anna felt herself trembling with fear. In here, today, hers and John's futures would be decided by twelve strangers who could never know how a good and brave a man John was. They would listen to the deceptive and clever speeches of the lawyers, then decide John's fate, and go home to their families as if it were an ordinary day. The building, especially the doorway and entrance hall seemed designed to frighten and subdue all those who weren't used to it.
Officious looking clerks and lawyers marched around, self-confident and seemingly pleased with the impression of importance they created with their gowns and wigs and briefcases. Matthew was used to such places and such people, and hardly noticed. Mary was too busy trying to reassure Anna to take much notice of it all herself. But Anna and William were rather overawed. They felt lost and out of place. Everyone else seemed to know where they were going, but they felt disorientated in the large hall in the middle of all the people.
Thankfully, Matthew knew where they were going, and directing the others gave him something to think about other than the stairs he knew he would have to be carried up to reach the public gallery. They went down a wide corridor that was slightly less busy than the hall had been, but still rather crowded. They reached the bottom of a flight of stairs, and Matthew grimaced again.
"We've got to go up here. And there's more steps inside to get to the benches I think, although I've never actually been in the public gallery," he said. "How is this going to work then?"
"Anna and I can carry the chair between us, and William, you can manage, can't you?" Mary said.
"Yes, Mi' Lady," William answered. He was used to lifting Matthew and was confident that he was strong enough to carry him up the stairs.
Matthew frowned and set his jaw. He didn't like the idea of Mary carrying his chair like a servant, but there was little choice and besides, it was useless to argue with Mary when she was in this mood, telling people what to do and expecting to be obeyed. William leaned down and Matthew put his arms around him.
"Are you sure you can manage?" Matthew asked.
"Yes, sir. Are you ready?"
"Yes," Matthew replied wearily, and William picked him up with very little difficulty. Mary and Anna picked up the empty chair, which was surprisingly heavy and unwieldy and carried it up the stairs ahead of William, struggling past the other people going up and down the stairs. They set it down at the top, and William reached the top and set Matthew down in it, looking rather red in the face from the exertion. Matthew was rather red too, but from self-consciousness. There were some people who were staring unashamedly, some who were looking with expressions of pity, and others who seemed to be deliberately averting their eyes.
Mary went behind Matthew's chair when he was settled in it and kissed the top of his head before pushing him down the next corridor. There were now signs saying 'Public Gallery, and everyone seemed to be following them in the same direction. It made Anna sick to see the excited and eager expressions on their faces. How could they relish the opportunity to see a man condemned to death, because she knew that was the verdict they would all be hoping for? Crowds liked a good hanging, liked there to be a villain they could hate and shout abuse at.
They found the door that led to the benches they would be sitting on, and Mary went to see if the others had arrived. She looked around and saw nobody she knew, and saw that most of the spaces were occupied, despite their early arrival.
"Mary! Over here!"
Mary started, then turned to see Isobel standing and waving to her. They had saved a whole row, at the front. Mary waved to show she had seen them, then went back out to get the others.
The door was at the top of the gallery, at the back, and there were more stairs down to the front row. But the seats Robert had saved were the only ones free, so William had to carry Matthew down and leave the wheelchair outside the door.
Robert's heart clenched as he saw Matthew's shame and embarrassment at being carried. He hadn't thought about this when he had chosen to sit near the front. They had arrived in plenty of time and very few people wanted to sit at the back, so they could have sat there if only he had thought about it properly. But it was too late now, and anyway, William had set Matthew down on the bench now. Matthew looked as if he wanted to disappear, but Mary engaged him in conversation as soon as she sat down herself, and soon Matthew was looking more relaxed.
"Where are Mrs Hughes and O'Brien?" Mary asked her father.
"They've already gone to wait to be called as witnesses. They've been called as witnesses for the prosecution, though God knows why, and apparently, the prosecution go first. I won't have to go until later," Robert replied.
They still had a while to wait before the trial began. Anna sat silently, her face white with dread. Everyone left her alone, not knowing what to say to her. Isobel kept up a steady stream of positive and cheerful conversation, which felt so wrong with the dread and fear they all felt, Matthew quietly told her to stop. But when she stopped talking, it was worse, because now there was nothing to distract them from their thoughts. Robert began to talk about the lawyers, and how he had paid for the best he could find and how he was sure they would win the case for him.
Matthew sat with his arm protectively around Mary. He knew she was as worried as anyone, but had been hiding her emotions as she always did. He knew she had been being particularly bright and positive earlier to try and make it easier for him, and that she was trying to be strong for Anna. He loved her for it, but he knew it tired her out, this acting she did at times like this. She was so strong, but even so, it cost her a lot to remain so composed.
Anna was glad when the trial itself started. She couldn't bear the waiting any longer. And when John was brought out into the box where he was to sit for the duration of the trial, her heart leapt, for she was glad to see him under any circumstances after so many months of infrequent short visits. He looked around as soon as he was in the room, and the ghost of a smile brushed his lips when he saw her. Her heart felt as if it were being torn apart with love for him, and pain when she thought about what might happen today.
When he had said all the necessary things, confirming his name and saying that he was pleading 'not guilty', he looked straight across the room and mouthed, 'I love you,' to Anna. She felt her eyes go hot with tears, and looked back at him and mouthed, 'I love you,' back to him through the tears.
O'Brien was the first to give evidence, and while she was speaking and being asked questions, Anna clenched her fists in anger. What O'Brien was telling the court made John seem like a violent murderer and Anna could not believe that even Sarah O'Brien could say such things. She had disliked her long before today, but now her dislike rose to hatred, and she could hardly bear to look at her. She kept her eyes on John, feasting on him like someone who was starving. She didn't know how much longer she would have to look at her beloved John, so she had to make the most of every minute.
Next was Mrs Hughes. She looked nervous, even terrified. She clearly hated to be there, and would have done anything not to have to answer the questions put to her. She cursed herself for eavesdropping that day. She had never done so before, had disapproved of and disliked those who made a habit of it. And the one time she had been too weak to stop herself, she had heard something that could damage Bates' chances of release.
She could almost not bring herself to say the word 'bitch'. Not only was it damaging to Bates' case, but it was not a word she would dream of saying herself, and certainly not in front of a room full of people, including Ladies and a few children. But she had no choice. She could not lie under oath, not even to save a man she admired and respected as much as John Bates. When she said the word, a wave of whispering and gasps went around the court, and she saw how much damage that one word had done. She couldn't even bear to look at Anna.
Anna could hardly believe she was hearing kind, fair Mrs Hughes say things that condemned John. How could she stand up there, knowing what was at stake, and still say those things?
When the court broke up for lunch, Anna blew a kiss to John before he was taken away, then stood up wearily to leave the room with the rest of the people observing from the public gallery.
They stood outside the courtroom, where they were joined by Murray. He saw their worried expressions, and reassured them,
"Every case looks as black as night when the prosecution has finished. We've heard nothing in Bates' defence yet." This statement was greeted by silence.
Matthew knew there was truth in what he said, but even so, he couldn't think what the defence could possibly say to contradict the overwhelming circumstantial evidence against Bates. He had been watching the jury, and it seemed many of them had already made up their minds to hate Bates.
Anna shook her head.
"I can't believe Mrs Hughes would say those things. Miss O'Brien, maybe, but not Mrs Hughes."
"It's difficult to lie on oath. Few of us can manage it," Isobel put in gently.
"She looked as though she were in hell," Mary said sympathetically, remembering the way Mrs Hughes' face had contorted as if she were fighting internally with herself.
"It does sound worse than I expected," Robert said worriedly to Murray.
"It's a great pity he didn't speak out about buying the poison," Matthew said, after thinking over the case while the others were talking. The fact that Bates had kept quiet about it made it seem to a stranger that he was trying to hide something, even if it made perfect sense to anyone who knew him.
"I told him to," Anna said, shaking her head again. "I begged him to." She remembered that evening when they had stood in the corridor downstairs, talking quietly so as not to be overheard, and she had implored him not to keep quiet about the rat poison. There was nothing unusual about buying rat poison; nobody would have thought twice about it if only he had mentioned it.
"And he should have listened." Murray's voice sounded stern, and not at all reassuring.
"Then it's down to me to convince them that this crime in simply not in Bates' character," Robert said. He sounded confident, but everyone knew that however much weight the word of an Earl carried, it was hardly enough to form the basis of a defence in court.
Robert and Murray went to find some food for lunch, but the others couldn't contemplate eating anything at that time. They found some chairs at the edge of one of the many halls around the courtroom and sat down in silence. They had come to court that morning expecting it to be bad, but this was worse than they had imagined. From the way the case had been presented, they thought that if they didn't already know Bates, they would probably be certain of his guilt.
"I know it's hard, Anna, but don't hold it against them," Mary said quietly. Anna shook her head and looked away.
"I know. I know they said what they had to. But… surely they could have left out… certain words?"
"They had to swear to speak 'the whole truth'," Matthew said gravely. Anna looked at him.
"Thank you, sir, for being here to explain everything. It would be awful not to at least have some idea what was going on and what to expect," she said earnestly to him. Matthew had been whispering explanations throughout the trial so far, and it had been so reassuring to know what was going on.
"You're welcome. It is the least I can do, after all you and Bates have done for Mary and me," Matthew replied.
"Tell me honestly," Anna asked him, "how much of a chance do you think he has?"
Matthew struggled with himself before answering. He didn't want to alarm Anna any more than necessary. But at the same time, he had to be honest with her.
"Less of a chance than I thought he would have this morning. Murray is right that it always sounds hopeless before the defence has spoken. But I think they are putting too much faith in Lord Grantham's word. Perhaps in the past, the word of a peer would be enough. But this is not the past. The world is changing, and a title carries less weight than it used to."
"And so it should…" Isobel began, but Matthew shook his head.
"Not now, Mother. I do agree with you in principle, but now, it is all we have, and you had better hope that the jury are not your sort of people."
"But why must we rely on Lord Grantham's word, when John is innocent? Why is that all we have, when the police ought to be the ones with nothing to go on?" Anna asked angrily.
"It might not be right, but that is how it is. All we can do is hope for the best, hope that the jury are sensible enough people to realise that there is no real evidence," Matthew said.
"There's no evidence because he didn't do it!" Anna cried.
"We know that," Mary said gently, "but the jury don't."
There was nothing else anyone could say. They sat in silence for a few minutes, until Matthew looked at his watch and sighed.
"We'd better go back in, or someone will have taken our seats."
They all stood up slowly, reluctant to return to the oppressive atmosphere of the courtroom.
Everyone's spirits lifted as Robert spoke of Bates' bravery in the war. The jury seemed to look at Bates in a new light and they felt hopeful again. Matthew thought of William and looked down the bench at him and nodded. William saw and blushed a little. He had saved Matthew's life, but Matthew had saved his on numerous occasions previously. He had only done what he knew Matthew would have done for him. It made him uncomfortable to be called a hero, when there were so many braver men who had fought in the war and gained no recognition for it.
But when Robert was questioned by the barrister for the prosecution, the lifted spirits fell again. He couldn't remember specific conversations, was unsure of details and hesitated before answering some questions. This made the jury see him as a less reliable witness, despite the fact that he was the Earl of Grantham, and since much of the defence seemed to be built on his word, it did not look good.
Mary felt like crying as she watched her father hate himself for telling the truth and saying things that made Bates look bad. She wished he had listened more carefully to Murray's advice. But he had been so sure of himself, so certain that he could convince the jury of Bates' innocence without help, he had waved Murray's advice aside. She was glad of Matthew's arm around her, giving her the strength to comfort Anna as best she could and remain sitting straight and dignified.
After Robert had been questioned, both the sides concluded their cases, and the jury went out to decide on their verdict. Isobel went out of the courtroom to speak to Mrs Hughes and O'Brien. William went out to stretch his legs and get away from the fear and depression in the room, after being assured several times that Matthew didn't need him. Anna stayed because she was shaking so much, she wasn't sure she would be able to stand.
Robert came to sit with them, and had a conversation in low voices with Matthew about the chance they had. Mary hugged Anna, not caring that it was in a public place and that she was embracing her maid. She was simply doing her best to comfort her friend.
The jury came back in with their verdict frighteningly quickly. Robert looked at Matthew.
"Is this good or bad?" he asked worriedly. Matthew shrugged, although he suspected it was bad. They would find out soon enough anyway.
"Do you think someone ought to find the others?" he asked. But as he spoke, he saw his mother walking down the steps toward them, followed by Mrs Hughes, O'Brien, William and Murray. They sat down hurriedly.
"Are you all agreed?" the judge asked the jury spokesperson.
"We are, My Lord."
"The prisoner will stand," the judge commanded. Bates pulled himself to his feet.
"Do you find the prisoner to be guilty, or not guilty, as charged?"
Anna's heart pounded in her chest, and she felt as if her corset was crushing her. Her lower lip trembled, and she prayed fervently inside her head for God to save John.
"Guilty," the spokesman said clearly. Anna cried out in horror and disbelief, and began to sob loudly. The others stared in amazement. They had known that this was a possible outcome of the day, but it had not seemed real until now. Robert felt as if the ground beneath him had disappeared, and he was falling down into a bottomless abyss. John Bates, the man who had saved his life, who had fought alongside him, who had been his friend, who had lived in his house since 1912, was to be sentenced to death. How could this be real?
But it was real, too real, for the judge was gravely putting on his black hat.
"John Bates," he said. "You have been found guilty of the charge of wilful murder. You will be taken from here to a place of execution, where you will be hanged by the neck until you are dead. And may God have mercy upon your soul."
Anna stood and cried,
"No! No, his is wrong! This is terribly, terribly wrong!"
Mary stood up to support her, as the judge said,
"Take him down."
Bates was dragged away by the prison officers who had been sitting behind him, crying Anna's name despairingly.
Mrs Hughes, O'Brien and Isobel went back on the train straight after the trial. There would be enough space for the others to go in the car.
They went to a nearby inn to talk over what would happen next. They could appeal, Murray said. But he didn't sound hopeful.
Anna felt as if her life was over, as if she would never be happy again. She had refused to prepare herself for this, thinking ridiculously that preparing for it would make it more likely to happen. But now it had happened, and she wanted to die, so she would never have to face the world without John. Murray and Matthew explained how an appeal would work, and she tried to understand and muster some hope. But she had had so much hope before today, and had been so utterly crushed when the worst happened, she couldn't bear to hope again.
Nobody spoke on the long journey back to Downton. There was nothing to say. Everyone was incredibly weary and depressed.
When they arrived home, they were glad to have a hot dinner waiting for them. They had thought they would never be able to eat after the day's events, but having missed lunch and having had a long and horrible day, there was nothing that could have been more welcome than a hot roast dinner.
Mary sent Anna to bed, saying she could sort herself out for the night, and after dinner, she and Matthew went to bed too. They were exhausted and drained, and there was nothing to stay up for anyway.
They lay in bed together, unable to think of anything to say. It still felt faintly unreal, but they knew that it was real, that an innocent man was condemned to die, and that there was nothing they could do about it. They knew there was the possibility of the appeal being successful, but it was a remote one.
Robert sat up alone, and blamed himself for the verdict. Part of him knew there was not much he could have done, so well had the prosecution built their case. But he could not forgive himself for what he had said. Why could he not have left it at 'I wish she was the former'? Why on earth had he added 'Or better still, the late'? It seemed like such an easy thing to do now, to leave out a few words.
But in the courtroom, with the judge in his red gown sitting high above everyone like some sort of God, it had been impossible not to tell the whole truth. It had been like being under some sort of spell. He cursed himself for not being stronger and cleverer. It was one thing for two female servants to have been intimidated by the formality and gravity of the court, and he would never hold it against them. But he was the Earl of Grantham. He ought to have been stronger. Now his old friend and comrade was to be hanged, and it was partly his fault.
He had very little confidence in the success of an appeal after seeing Murray's expression as he discussed it.
He sat in the library late into the night, unable to face Cora and explain what had happened, and wishing he didn't have to face himself and his conscience and guilt.
