Brian Cantwell had mixed feelings when it came to cross-examining Barbara Mills as he could not but remember the modest unassuming way that she and her husband contributed to the success of "the Creation." He wouldn't deny that he had thoroughly enjoyed the event. However, that was his hobby and he lived off his profession. As such, he saw himself as a 'hired gun' sometimes taking cases from the CPS or otherwise, if wealthy clients waved large enough cheques in his face even if they were coloured. He had no strong convictions except in furthering his career and did not get emotional about cases like Jo Mills did. Nevertheless, he had crossed swords with her in the past and knew that she needed watching. True, he could simulate outrage, moral or otherwise when it came to it, but this was just one of the tricks of the trade which were very lucrative and not to be sneezed at. He curses his fate that he had ever placed faith in Mrs. Hollamby who had been so categorical in her opinion of the defendant that he had let himself be swayed by her. He would not make that mistake again. He had lost ground badly after that fiasco and resolved to make up lost ground one way or another. He could not afford any sentimental considerations.
"I seem to be placed in a quandary in addressing the defendant as 'Mrs. Mills' when she has a namesake in court who is the opposing council"
"The thought occurred to me, Mr.Cantwell. The simple answer is to address the defendant as Mrs. Mills and your opposing counsel as Jo." John jovially advised, pleased to see a bit of pleasant banter in the courtroom.
"I thank you, my lord." He smiled but George was sharp enough to spot the fact that while his lips were smiling, his eyes weren't.
"My first question is quite simple." He started in easy languid tones. "Why should the court, believe you to be not guilty of the crime you are accused of?"
The question was a severe jolt to Barbara, which turned out to be fortunate as George leapt to her feet and spoke just before Jo could get in the act.
"Objection, my Lord. Would I be right to say that the onus is on the prosecution to prove beyond all reasonable doubt that the defendant is guilty of the offence which she is charged with or has the entire contents of criminal law been turned upside down while my back has been turned"
"You are, of course right, Ms. Channing but this is only one question in the trial and does not govern the trial itself. I for one would be interested to hear her answer"
"But this is a scandalous…" Jo started to say.
"This is my decision. I have ruled"
"You contrary infuriating man." George muttered under her breath.
Barbara's shock turned into controlled anger at the sheer cheek of the question and she took fire.
"You ask me why the court should think I am innocent. Well, the answer's obvious. I'm innocent. I have no earthly motive for taking my poor Henry's life and every reason to preserve it as long as was possible. I thought I'd made it quite clear that I had hated and feared the prospect of losing him while he was dying more than anything else"
"You tell them, Babs." Yvonne yelled in her carrying voice, her gaze glaring full into John's sight and daring him to reprove her.
"Will that satisfy you, Mr. Cantwell?" drawled George. Ah well, she thought, two wrongs aren't so bad in relation to one if yours cancels out your opponent's unfair advantage.
"Can we have some order please and let Mr. Cantwell continue"
"I thank you for your intervention. Can you explain for the benefit of the court what were Henry's views on the issue of suicide"
"Henry considered that a suicide was deserving of pity, not blame, in terms of the desperation into which the poor creature had sunk. However, I sense that what you are really asking is how he would have reacted in terms of his own terminal illness"
"Go on, Mrs. Mills." Brian Cantwell was forced to reply while Jo and George looked in admiration at the Barbara's spirited response.
"Henry was a wise man but very self effacing. Part of the reason is that he was aware of how much he did not know. For instance, he believed that he should endure what burdens God laid upon him, no matter how extreme they became. For all that he knew that there were situations, which he could not foresee how he might react. He trusted that God would show him the right course but that was his faith, not his knowledge"
"So that the long and the short of it, Mrs. Mills is that you do not know if he would have taken his own life." Brian Cantwell pursued with a touch of irritation.
"Yes. But I have faith that Henry would have done what was right." Barbara smiled, her eyes focused up into the court ceiling. It was as if she could see and hear him.
"Did it never occur to you, to help Henry out of his pain, even when it became as extreme as it no doubt did become"
"No, Mr. Cantwell.Quite apart from the reasons I have given you, I had been in prison before as has been mentioned and nothing on earth would have made me risk returning to prison."
"What would you have done had you thought that Henry might commit suicide"
"That never crossed my mind so the question didn't arise. Mind you, I was getting gradually worn down as his illness progressed
"During the time you were married to Henry, did you find him to be a mentally strong, or a mentally weak man?"
"Does the fact that someone may have committed suicide, mean that they are necessarily a mentally weak person?" Barbara retorted sharply.
"I am asking the questions, not you, Mrs. Mills. I repeat my question, during the time you were married to Henry, did you find him to be a mentally strong, or a mentally weak man"
"A very strong man"
Barbara's determined voice cut through the court and made Brian Cantwell hesitate. He had pressed her hard yet she had resisted with a steely determination that he had not expected. Jo and George watched with glee as they had been opposing counsels a number of years back and were fully aware what Barbara could do when roused and Brian Cantwell had done just that with his very first question. He pretended to look at his papers and asked his next question slowly and deliberately.
"When you discovered that Henry was dead, why didn't you call the police"
"What I did do was to phone 999 as far as I can remember. I asked for the ambulance as I needed someone medical to be around just in case there was the faint hope that I was wrong and Henry could be saved. It sounds ludicrous but that was all I thought of at the time. It never entered my head to call the police. You don't in a situation when you've just lost your loved one like that."
"I see." Brian Cantwell said reflectively, not being able to think of an answer to that one." Let me ask you another question. Why did you leave, a refilled syringe on the bedside table, well within reach of your husband's hand"
"I was up and down stairs all the time and waking up in the night more and more as I lay beside him as he needed morphine to get him through the night. I got into a routine in preparing the next morphine syringe to replace the one I had used as some sort of routine to keep me functioning and also to be ready for Henry. It was the easiest place to leave it. I never expected him to use it on himself"
"Have you ever considered since his death, that your leaving that syringe well within Henry's reach, directly led to his death"
Barbara hesitated for the first time she took the stand to fully consider the matter. Then she spoke in slow deliberate tones that became more tremulous as she went on.
"I accept that I had never foreseen that Henry could or would use the syringe and that where I placed the syringe enabled him to take his own life. That thought has haunted me every day since then. I can only think that some sudden impulse made him act that way but I can only grieve for him.He knows wherever he is that forgiveness isn't the right word as there is nothing that Henry had ever done that I have had to forgive him for"
Brian Cantwell was silent. He had thrown his last shot from his locker and, besides, he had no heart to pursue the matter further. Indeed, what could he say"
"I have no more questions, my lord." He concluded in a subdued tone.
"My next witness is not available." Jo added.
"In this case, I find that this is a convenient place to adjourn the hearing till Monday morning." John added.
Gina and Dominic held fairly firmly onto Barbara as they sensed that her legs were made of rubber and escorted her out of the court while Jo and George breathed huge sighs of relief and could relax as the weekend was here.