A Case of Spoliation

by DoctorH

A teleplay, like watching a Murdoch Mysteries episode. A murder occurs in a public park. Crabtree is first on the scene, and he comes to think that he handled his duties badly. Meanwhile, there is confusion about what actually happened: two suspects both admit they had means and motive and opportunity, but deny their guilt. It's up to Murdoch to sort it all out. Solution included.

3. ACT 3

ACT III

(FADE IN. EXTERIOR STATION HOUSE NUMBER FOUR. It is morning. CUT TO: INTERIOR OF STATION HOUSE NUMBER FOUR, MURDOCH'S OFFICE. MURDOCH is looking over some reports. On the blackboard in the office is a map of the park, with marks indicating the positions of participants in the crime and of various witnesses. There are some trees shown on the diagram. CRABTREE knocks at the door and MURDOCH waves him in.)

CRABTREE
Sir, I hope I'm not disturbing you.

MURDOCH
Not at all.

CRABTREE (uncomfortably)
Sir, it has come to my attention that other witnesses to yesterday's shooting have reported the events occurring in a manner different than I reported them.

MURDOCH (understandingly)
George, you have been a constable long enough to know that witnesses to the same event do not remember things exactly the same way. Just because there are discrepancies in testimony, it doesn't mean anyone is lying. It may simply mean that people had different perspectives or were paying attention to different things.

CRABTREE
Is it true, sir, that the other witnesses say there were TWO men near Mister Clare before he was shot?

MURDOCH
Yes.

CRABTREE
And my report flatly states that there was only one.

MURDOCH
Your report states that your view was partly obstructed by the foliage, George. Your report also states that you SAW only one.

CRABTREE
I have also heard that Ives was captured yesterday. Is it true that Ives was also at the scene?

MURDOCH
Witness descriptions strongly indicate that Mister Ives was with Mister Clare, yes.

CRABTREE
I recognized Clare right away, and I recognized Huxley as soon as I saw him. But I did not see Ives.

MURDOCH
Your report says that you saw a man in brown attire next to Mister Clare, who ran from the scene.

CRABTREE
Which I assumed was Huxley, because he was running from the scene when I captured him, and he was wearing brown clothing. But it is possible that the man I saw standing next to Clare was Ives. Should I file a corrected report, sir?

MURDOCH
Certainly not, if you plan to amend your report to say that you saw a second man when in fact you did not!

CRABTREE
To say that there may have been another man there, though I didn't see him.

MURDOCH
No changes to your report are necessary, George. In fact, there is one detail in your report that seems to be quite accurate. You said that whoever was with Mister Clare appeared to be at least four feet away from him. Other witnesses place the men with Mister Clare as somewhat closer than that, but Doctor Ogden tells me that the ballistic evidence is more consistent with the distance that YOU report, George.

CRABTREE (still uneasy)
Is is also true that I turned Huxley over to Constable Higgins, and that Huxley was actually armed when I did so?

MURDOCH
Yes; he was found to be carrying a pistol.

CRABTREE
That was more carelessness on my part. I should have checked him for weapons.

MURDOCH
George, carelessness is dependent on circumstance. If you had plenty of time to reflect and to act, you might have made certain Huxley was disarmed before having Henry take custody of him; but you didn't have time. You had to act quickly. Didn't you? You had act quickly to check on the victim and secure the scene, did you not?

CRABTREE (not satisfied)
Yes.

MURDOCH (trying to boost CRABTREE's spirits)
When Mister Ives was taken into custody, he had no weapons. As a skilled investigator, what might that fact suggest to you?

CRABTREE
That may suggest that Ives was the one who fired the fatal shot, and dropped HIS pistol at the scene.

MURDOCH
Yes, that may be what it suggests.

CRABTREE
And once again, my report might be in error, since I reported that Huxley was apparently the one responsible.

MURDOCH (tired of CRABTREE's self-pity)
George! You saw only one man near the victim after the victim was shot. You captured a man who was apparently near the victim. Based upon your observations, your suspicion was reasonable, that the man you captured was responsible for the shooting! Don't worry about your report, George.

CRABTREE
I should have been doing my job, watching the scene. I shouldn't have been watching that juggler!

(MURDOCH rises and goes to the blackboard, and points to various marks on the board indicating positions of witnesses.)

MURDOCH
George: NO ONE saw who did the shooting. EVERYONE had his or her attention elsewhere. Many of them were watching that busker, the same as you; others were simply minding their own business. The picture that we have now is this. People heard a noise. They turned and saw two men, each dressed in brown clothing, running in opposite directions, away from a man who was collapsing. You captured one of the running men. The other got away, but was captured about two hours later.

(CRABTREE looks at the diagram on the board, and points to a mark near where the victim was.)

CRABTREE
This person here seems to be the closest. And he didn't see who fired the shot, either?

MURDOCH
That is Mister Alford, the man the other witnesses all called "a tramp"; he was the man who picked up the pistol, ignoring your admonition that he ought not to do that. According to his statement, and according to other witnesses, he was looking all around in a confused manner for several seconds after the shooting. He didn't see the shooting. He says he didn't see anyone near the victim, nor anyone fleeing the scene.

CRABTREE
Sir: the three men involved in this shooting— Clare, Ives and Huxley— were three of the men we tried to capture in the raid last week. But there was a fourth man—

MURDOCH
Mister Talbot.

CRABTREE
Yes, sir. Is he involved?

MURDOCH
As far as we can tell, no. No witnesses saw anyone in the park who matched his description. Mister Talbot's whereabouts are unknown. And we do not know why either Mister Huxley or Mister Ives would want to kill their associate, Mister Clare. But I hope we might be able to find out.

(CUT TO: INTERROGATION ROOM. HUXLEY is in the chair, and a CONSTABLE stands behind him to make sure he behaves. He has some cuts and bruises. MURDOCH and PENDRAGON sit opposite.)

MURDOCH
Mister Huxley, my name is Detective William Murdoch. I work out of Station House Number Four, which is this building. This (indicating) is Detective Michael Pendragon, from Station House Number Two.

HUXLEY
(to PENDRAGON) I've go nothing to say to you, Mikey. Except, how's your family?

PENDRAGON (coolly)
Never mind my family; we aren't scared of you.

HUXLEY
(to MURDOCH) And to you, I've only got one thing to say. I didn't shoot Ray Clare.

MURDOCH
You were NEAR him when he got shot, though?

(HUXLEY says nothing, but nods.)

MURDOCH
Was anyone with you?

(HUXLEY says nothing, but nods again.)

PENDRAGON
If you didn't shoot Clare, who did? Was it Ives? We know he was there with you and Clare.

HUXLEY
(to PENDRAGON) You trying to get me to double-cross Ives?

PENDRAGON
You're facing the gallows, you know. If it wasn't Ives, it must've been you. And I know Ives; if you shot Clare, then Ives is going to double-cross you! You'll hang for it!

HUXLEY (getting angry)
It wasn't me! (to MURDOCH) Detective, uh, Murdoch: Your men caught me, right?

MURDOCH
Yes, Constables Crabtree and Higgins did.

HUXLEY
And I had my pistol on me then, didn't I?

MURDOCH
Yes, you did.

HUXLEY
And my pistol hadn't been fired, had it?

MURDOCH
No, it hadn't.

HUXLEY
Then you KNOW I didn't do it.

MURDOCH
You could have been carrying two pistols. You could have kept one and used the other to kill Mister Clare.

HUXLEY
Why would I carry TWO pistols!?

MURDOCH
Mister Ives did not have a pistol on his person when he was captured. Are you saying that Mister Ives was the one who fired the shot that killed Mister Clare?

(HUXLEY is momentarily surprised.)

HUXLEY (reluctantly, a bit absently)
I'm not saying it was Ives. (pause) It could've been, I don't know, can't swear to it. I'm just saying it wasn't me.

MURDOCH
If Mister Ives killed Mister Clare, why would Mister Ives do that?

(HUXLEY chuckles.)

HUXLEY (smirking, pointing to PENDRAGON)
I'll wager HE knows. Ask HIM.

(MURDOCH is surprised. But before MURDOCH can follow up, PENDRAGON speaks up.)

PENDRAGON (abruptly)
Where's Talbot?

(HUXLEY looks at PENDRAGON. HUXLEY is quiet for a moment, then answers softly.)

HUXLEY
I dunno.

PENDRAGON
Where is he?

HUXLEY
I don't know! He said he was going to try to get to Mexico.

MURDOCH
Mexico?

HUXLEY
Well, yeah. (to PENDRAGON) Talbot's the one who shot your boys last week, you know, when they came knocking on our door. (below his breath) 'Cause your— (mumbles)

MURDOCH
I beg your pardon, you were saying?

HUXLEY
(to MURDOCH) Talbot shot the coppers. Thought you coppers would be hunting for him, and probably shoot him on sight. So he left town. Said he was going to Mexico. That's the truth!

(CUT TO: INTERROGATION ROOM. The scene is much as before, except IVES, rather than HUXLEY, is in the chair.)

MURDOCH
Mister Ives, my name is Detective William Murdoch. I—

IVES
(to PENDRAGON) Hi, Mikey. How're the wife and kids?

(PENDRAGON ignores the remark. MURDOCH presses on.)

MURDOCH
Who shot Raymond Clare, Mister Ives?

IVES
Wasn't me. Anyone who says otherwise is lying.

MURDOCH
Was it Mister Huxley?

IVES
Could've been. He was with me, as I'm sure you know. But I didn't see Huxley do it, so I am not going to say it was him.

MURDOCH
Why would Mister Huxley shoot Mister Clare?

IVES (after a moment)
Truth is, Ray deserved it. (to PENDRAGON) And YOU KNOW he deserved it.

(PENDRAGON looks stern but says nothing. IVES sees the expression on PENDRAGON's face and decides to push him.)

IVES
Oh, Mikey! You know that Clare was the one who told you coppers where we were going to be a week ago! He double-crossed us, and told you about our house, didn't he, so that you could come and arrest us all. But it didn't work out well for you, did it? How many of your boys got shot?

(PENDRAGON looks like he's getting angry, but says nothing.)

IVES (to MURDOCH)
Maybe you've heard what happened. When the coppers showed up, Talbot started shooting at them, and we all made a break for it. Except for Clare. He was cowering down, and he was the last one to leave the house. There was no way Clare could've gotten away, not with all of them coppers out there. And yet— (in mock astonishment) somehow he did! (to PENDRAGON) And that's because he was working with YOU, wasn't it, Mikey? (bitterly, under his breath) He deserved to get killed.

MURDOCH
So, yesterday, you went to the park, with Mister Huxley, with the intention of killing Mister Clare?

IVES (after some reflection)
Truth is, I went there to TALK to him. He got word to us that he wanted to talk to us; said he hadn't turned traitor, said he knew we thought he had, said we'd made a mistake, and said he could prove it to us. Truth is, Ray Clare had hidden some of our, uh, assets, and I was hoping he'd try to prove his good faith by telling us where they were. Truth is, I wanted to hear what he had to say. And so we were talking, and POOM! Somebody shoots him; but it wasn't me.

MURDOCH
Did you go to talk to Mister Clare armed, Mister Ives?

IVES (uneasily)
Yeah, truth is, I did. Huxley was armed, too.

MURDOCH
When Mister Huxley was captured, he had a pistol on his person. A second pistol was found at the scene. And when you were captured, you carried NO pistol.

IVES
I didn't leave my gun in the park! Is that what you're saying, a gun found in the park was mine? If you found a gun, it ain't mine!

MURDOCH
But you said you were armed. You had a pistol? What happened to it?

IVES
I hid it.

MURDOCH
Why?

IVES
I knew you coppers were looking for me, and if you saw a gun in my hand, you'd kill me. (reluctantly) There's a barrel near that basement where I was hiding, hid it under the barrel. You can check it, my gun wasn't fired.

MURDOCH
We will check it; but even if we find a fully-loaded pistol under a barrel, you could have been carrying a second pistol, which you left at the park.

IVES (incredulous)
Me, carry TWO pistols?

PENDRAGON (abruptly)
Where's Talbot?

IVES (after a moment)
He left town. Truth is, said he was going to Mexico. Said he couldn't shoot three Toronto coppers and stick around in Toronto. You know he was the one who shot your boys, don't you?

(CUT TO: MURDOCH'S OFFICE. MURDOCH, BRACKENREID and PENDRAGON are there, all are standing.)

BRACKENREID
How about it? Had Clare double-crossed them, become a snitch, ratted them out, whatever you want to call it?

PENDRAGON
Yes. He told us about the house where they'd be, the house that we raided, in exchange for— special treatment.

BRACKENREID
Talbot fled somewhere—

MURDOCH
Mexico, we're told.

PENDRAGON
Until today, we thought Talbot might still be in Canada. But Talbot has family in the United States, in Texas, and it's quite possible they might help him get to Mexico.

BRACKENREID
Ives and Huxley have other plans; they want revenge! They decide to kill Clare because they think he's a traitor. So Clare contacts them, saying that he was not a traitor, and that he could prove it. Clare proposes to meet Ives and Huxley in a public place, so that he will feel safe. And, as it turns out, THAT was a big mistake for him.

MURDOCH
Mister Huxley and Mister Ives go to the meeting, dressed in similar attire. Both men were armed. One of them carried two pistols. One of them was going to shoot Mister Clare, and drop the extra weapon, and then the two of them were going to run in opposite directions.

BRACKENREID
And if they got caught, they'd each blame the other. Chances are, witnesses wouldn't be able to tell one brown-clothed man from another.

MURDOCH
But there are two problems with that plan. One, regardless of which one of them actually fired the shot, both men would be criminally culpable, on grounds of aiding and abetting or conspiracy.

BRACKENREID
But maybe they weren't up-to-date on rules of criminal culpability. Maybe they thought the only one at risk of hanging was the one who fired the fatal shot.

MURDOCH
If so, then there is a second problem with the plan. To find out who fired the shot, all we would have to do is check the pistol for finger marks.

(Silence for a moment.)

BRACKENREID
Which we couldn't do! Because Crabtree failed to retrieve the weapon in time!

MURDOCH
It wasn't George Crabtree's fault. A man named Alford picked up the weapon and handled it, destroying the finger mark evidence. Was it a lucky bit of happenstance that someone was present at the crime, to destroy the finger mark evidence? More likely: if Mister Huxley and Mister Ives planned this murder as you've re-created it, sir, they must also have had the assistance of this Mister Alford.

BRACKENREID
Alford. That tramp. We've got to find him!

(FADE OUT.)