Chapter Sixteen

At a hotel facing the sea at Brighton, he ate a good breakfast of bacon and eggs, toast and marmalade; then took a stroll round the town before returning to the station and boarding a train for Worthing

(Court Record of evidence given in the trial of Neville George Clevely Heath, on the morning after

the murder of Margery Gardner)


Perhaps it was the dream.

Whatever it was, Morse knew that something had at prodded him into a slightly more intelligent appraisal the Colonel's story, because he was now beginning to take account of two or three major considerations which had been staring at him all the while.

The first of these was the character of Joanna Franks herself. How had it come about – whatever the fortuitous, voluntary, or deliberate circumstances in which Joanna met her death – that the crew of the Barbara Bray had insisted time and time again that the wretched woman , had been nothing but one long, sorry trial to them all ever since she'd first jumped on board at Preston Brook? How was it that they were still damning and blasting the poor woman's soul to eternity way, way after they had pushed her into the Canal and, for all Morse or anyone else knew, held her head under the black waters until she writhed in agony against their murderous hands no longer? Had a satisfactory explanation been forthcoming for such events? All right, there was still Part Four of the story to come. But so far, the answer was 'no'.

There was, though (as it now occurred to Morse), one possible dimension to the case that the good Colonel had never even hinted at – either through an excessive sense of propriety, or from a lack of imagination – namely that Joanna Franks had been a seductive tease: a woman who over those long hours of that long journey had begun drive the crew towards varied degrees of insanity with her provocative overtures, and to foster the inevitable jealousies arising therefrom.

Come off it, Morse!

Yes, come off it! There was no evidence to support such a view. None! Yet the thought stayed with him, reluctant to leave. An attractive woman… boredom… drink. a tunnel… continued boredom… more drink another tunnel… darkness… desire… opportunity… still more drink… and more Priapic promptings in the loins… Yes, all that, perhaps, the Colonel himself: may have understood. But what if she, Joanna herself, had been the active catalyst in the matter? What if she had craved for the men just as much as they had craved for her? What (put it simply, Morse!) what if she'd wanted sex just as badly as they did? What if she were the precursor of Sue Bridehead in Jude the Obscure, driving poor old Phillotson potty, as well as poor old Jude?

'Men's questions!' he heard a voice say. 'Just the sort of thoughts that would occur to an ageing MCP like you!'

There was a second general consideration which, from the point of view of criminal justice, struck Morse as considerably more cogent and a good deal less contentious. In the court-room itself, the odds did seem, surely, to have been stacked pretty heavily against the crew of the Barbara Bray – with 'presumption of innocence' playing decidedly second fiddle to 'assumption of guilt'. Even the fair-minded Colonel had let his prejudgements run away with him a little: already he'd decided that any ostensible concern on the part of the boatmen for the missing passenger (believed drowned?) was only shown great presence of mind' in order to establish a semi-convincing alibi for themselves; already he'd decided that these same boatmen, 'still obviously very drunk' (and by implication still knocking it back at top-tipplers' rates) had manoeuvred their 'infamous' craft down the Thames to Reading without having the common decency to mention to anyone the little matter of the murder they'd committed on the way. Did (Morse asked himself) wicked men tend to get more drunk – or more sober – after committing such callous crimes? Interesting thought…

Yes, and there was a third general point – one that seemed to Morse most curious: the charges both of theft and of Rape had, for some reason, been dropped against the boatmen. Was this because the Prosecution had been wholly confident, and decided to go for the graver charge of Murder – with the expectation (fully justified) that they had sufficient evidence to convict 'Rory' Oldfield and Co. on the capital indictment? Or was it, perhaps, because they had too little confidence in their ability to secure conviction on the lesser charges? Obviously, as Morse seemed vaguely to remember from his schooldays, neither rape nor theft would have been considered too venial an offence in the middle of the last century, but… Or was it just possible that these charges were dropped because there was no convincing evidence to support them? And if so, was the indictment for murder entered upon by the Prosecution for one simple reason – that it presented the only hope of bringing those miserable men to justice? Certainly, as far as multiple rape was concerned, the evidence must have been decidedly dodgy – as the Judge in the first trial had pronounced. But what about theft? The prerequisite of theft was that the aggrieved party possessed something worth the stealing. So what was it that poor Joanna had about her person, or had in either of her two travelling-boxes, that was worth the crime? The evidence, after all, pointed to the fact that she hadn't got a couple of pennies to rub together. Her fare for the canal-trip had been sent up from her husband in London; and even facing the terrible risks of travelling with a drunken, lecherous crew – certainly after Banbury had been reached – she had not taken, or not been able to take, any alternative means of transport to get to the husband who was awaiting her in the Edgware Road. So? So what had she got, if anything, that was worth stealing?

There were those shoes again, too! Did Joanna deliberately leave off her shoes? Did she enjoy the feel of the mud between her toes along the tow-path – like some bare-foot hippie on a watery walk round Stonehenge in the dawn?

What a strange case it had been! The more he thought about it, the greater the number of questions that kept occurring to Morse's mind. He had a good deal of experience in cases where the forensic and pathological evidence had been vital to the outcome of a court case. But he wasn't particularly impressed with the conclusions that (presumably) must have been drawn from Mr Samuels' comparatively scientific findings. For Morse (wholly, it must be admitted, without medical or scientific qualifications) the state of the dress, and the bruising described, would have been much more consistent with Joanna being held firmly from behind, with the assailant's (?) left hand gripping her left wrist; and his (her?) right hand being held forcibly across her mouth, where thumb and forefinger would almost invariably produce the sort of bruising mentioned in the recorded description.

What of this Jarnell fellow? The Prosecution must have been considerably impressed, at the first hearing, with his potential testimony. Why, otherwise, would anone be willing to postpone a trial for six months – on the word of a gaolbird? Even the Colonel had given the fellow a good write-up! So why was it that when he duly turned up to tell his tale, at the second trial, no one wished to listen to him? Had there been something, some knowledge, somewhere, that had caused the court to discount, or at least discredit, the disclosures his cell-mate, Oldfield, had allegedly made to him? Because whatever accusations could be levelled against Oldfield, the charge of inconsistency was not amongst them. On three occasions, after Joanna's death, he had insisted that she was "out of her mind", "sadly deranged", off her head"… And there had, it appeared, been no conflict of evidence between the crewmen that on one occasion at least (did that mean two?) they had been called upon to save Joanna from drowning herself. The one vital point Jarnell disclosed was that Oldfield had not only protested his own innocence of the murder, but had also sought to shift all responsibility on to his fellow crewmen. Not, to be sure, a very praiseworthy piece of behaviour! Yet, if Oldfield himself were innocent, where else could he have laid the blame? At the time, in any case, no one had been willing to listen seriously either to what Jarnell or to what Oldfield might have say. But if they were right? Or if one of them were right?

A curious little thought struck Morse at this point, and dredged itself in a corner of his brain – for future reference. And a rather bigger thought struck him simultaneously: that he needed to remember he was only playing a game with himself; only trying to get through a few days' illness with a happy little problem to amuse himself with – like a tricky cryptic crossword from The Listener. It was just a little worrying, that was all… the way the dice had been loaded all the time against those drunkards who had murdered Joanna Franks.

And the niggling doubt persisted.

If they had…

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