ACT TWO
As at the beginning of Act One, the lights come up on ALMA and MRS DAVENPORT.
A light then comes up on the JUDGE.
JUDGE. Mrs – er – Davenport, I understand from the Jury Bailiff that you wish to be excused from jury service on the grounds of conscience?
MRS DAVENPORT. Yes. From this particular jury, on this particular case. I will serve on any other.
JUDGE. You have a conscientious objection to capital punishment?
MRS DAVENPORT. No, my lord.
JUDGE. Where then does your conscience enter the matter?
MRS DAVENPORT. My lord, I have a deep prejudice against that woman. (Acknowledges the dock.)
JUDGE. The female prisoner?
MRS DAVENPORT. Yes.
JUDGE. Would the female prisoner please rise?
ALMA rises. She stares at MRS DAVENPORT without surprise – even with faint understanding.
Do you know this woman personally?
MRS DAVENPORT. No, but it’s as if I did.
JUDGE. I don’t follow, I’m afraid.
MRS DAVENPORT. I’ve read about her in the newspapers.
Pause.
JUDGE. Is that all?
The lights come up dimly on the lawyers.
MRS DAVENPORT. My lord, you are here to see that this woman gets a fair trial. Isn’t that so?
JUDGE. It is, madam. It is also my duty, as it will be yours, to put out of my head all of the deplorably wide publicity this case has attracted, and to allow the facts of the case –
MRS DAVENPORT. I am sorry, my lord. I know these arguments. You see, I know about the law. My father was a judge in India –
JUDGE. Mrs – er – but I don’t –
MRS DAVENPORT (passionately). I warn you now, and I warn these gentlemen who are defending her, that no matter what oath I am forced to take, I will not be able to try this woman’s case without deep prejudice. My mind is set against her.
Pause. Her sincerity has evidently impressed the JUDGE. He frowns thoughtfully and then addresses the lawyers’ bench. As he does so, the lights fade except on ALMA and MRS DAVENPORT.
The discussion between the JUDGE and the lawyers is only dimly heard.
JUDGE. Mr O’Connor, you have heard my view. It remains unaltered. However, you might have cause for a challenge ‘propter affectum’. If you have I am very willing to hear it.
O’CONNOR. If your lordship permits?
The JUDGE nods. O’CONNOR talks to MONTAGU in a low voice, their backs to the JUDGE.
MONTAGU. She’s an asset.
O’CONNOR. On the question of bias?
MONTAGU. Exactly. You can refer to her in your final address.
He rises again.
O’CONNOR. My lord, we will not challenge.
CASSWELL. No challenge, my lord. The prejudice does not appear to be directed against my client.
JUDGE. Obviously, Mr Croom-Johnson, you won’t wish to challenge. But do you think I am right?
CROOM-JOHNSON, prosecuting counsel, gets up.
CROOM-JOHNSON. I feel your lordship’s view of the matter is both wise and just.
The light comes up on the JUDGE.
JUDGE. Mrs Davenport, we all find that there are no grounds for your self-disqualification. Will you then take the oath?
CLERK OF THE COURT. Take the book in your right hand and repeat the words on the cards.
The lights fade on the JUDGE and the lawyers.
Now only the two women can be seen facing each other across the courtroom.
MRS DAVENPORT (solemnly, after a pause, the Bible in her right hand, a card in the other). I do solemnly swear by Almighty God that I will well and truly try the issues between our Sovereign Lord the King and the prisoners at the bar and will give a true verdict according to the evidence.
The lights fade quickly to blackout.
In the sitting room, STELLA is dimly seen reading a newspaper. The lights come up on Court Number One at the Old Bailey. The court is not in session. The lawyers are chatting.
CASSWELL (to CROOM-JOHNSON). Congratulations on your open ing.
CROOM-JOHNSON. Oh, thank you, Casswell, thank you.
CASSWELL. Admirably fair, I thought.
CROOM-JOHNSON. I’m glad.
O’CONNOR (muttering some distance away, to MONTAGU). ‘Fair’! If that bloody Croom-Johnson uses the phrase ‘woman and boy’ once more, I’m going to have him disbarred and demand a retrial –
MONTAGU. Why don’t you tell him?
O’CONNOR. And let him know he’s scored? We’ll have ‘woman and child’ then…
CROOM-JOHNSON moves near.
(Calling.) Good opening, Croom-Johnson.
CROOM-JOHNSON. Thank you. It was fair, I think.
O’CONNOR. Every bit as fair as we’ve come to expect of you.
CROOM-JOHNSON. How kind. Extraordinary incident that was – that woman juror saying she was prejudiced against your client. Very distressing to hear that kind of thing, you know. I wonder you didn’t challenge.
O’CONNOR. Yes. I suppose I should have done –
CROOM-JOHNSON (suspiciously). You won’t, of course, be able to make any reference to her in your final address –
O’CONNOR. Oh no. That would be most deeply improper.
CROOM-JOHNSON. Well, I honestly think my opening will have helped remove some of her prejudices –
O’CONNOR. Yes.
CROOM-JOHNSON. I emphasised that this was in no way a court of morals – and that they were to direct their attention only to the facts of the case.
O’CONNOR (unable to contain himself). – brought against ‘this woman and this boy’ –
CROOM-JOHNSON. Ah. I did notice your uneasiness at the appellation ‘boy’. But what else in all honesty could I call him, O’Connor? The jury have only to look at the dock –
O’CONNOR. – and see a hulking young man, old enough to be hanged, and a woman young-looking enough to pass herself off successfully as his sister.
CROOM-JOHNSON. But the gap in ages is so much a part of the case. One must steel oneself, must one not, to face facts, however disagreeable. (Gathers up his papers.)
O’CONNOR. Bloody man! – Do you know I drew him in the Bar golf tournament, and he wouldn’t give me a fourteen-inch putt?… I missed it too. I’ve got to beat that bugger – (Smiles at CROOM-JOHNSON as he passes again.) if it’s the last thing I do.
As the lawyers leave the court, the lights fade, coming up as MRS DAVENPORT enters wearily. STELLA, lying on a sofa, is reading an evening newspaper.
MRS DAVENPORT. Has Tony come home?
STELLA. Tony? No.
MRS DAVENPORT. Oh, God, I won’t let John take him away from me, I won’t, I won’t. (Sits on sofa.)
STELLA. Darling, you’ve had a tiring day. Do you want a cup of tea?
MRS DAVENPORT. No, but I’d love a drink. A whisky.
STELLA. That’s bold of you. (Gets up to pour the whisky.) So it didn’t work this morning?
MRS DAVENPORT. No. And what’s worse, the jury has elected me Forewoman because I’d let out that father was a judge.
STELLA. My dear, how too splendid. What d’you have in court tomorrow?
MRS DAVENPORT. The rest of the prosecution witnesses, I think. Oh, Stella, it’s all so foul.
She goes out to the bedroom. STELLA picks up her newspaper and crosses to the phone.
STELLA (calling). Darling, do you know what odds the bookmakers are laying on Mrs R...