The Wood Beyond

xiv

'If a condemned man has bad toothache on the eve of his execution, what does he spend the night thinking about?'

'Sorry, Peter?' said Lionel Harris. 'Is this relevant?'

'Oh yes,' said Pascoe. Doubly so. First, it dramatized his own dilemma in that ever since his conversation with Ellie, despite being landed with an inquiry which looked like tying in Andy Dalziel with a double killer, all he could think of was Hilary Studholme, junior and senior. He recalled his feeling the night the major called round that the man had had more to say, or not to say. Would he have come running so quickly merely to confirm that the Sergeant Pascoe his father had so unsuccessfully defended was Ada's father if that was all he knew? And why hadn't he mentioned his own family involvement?

No, there had to be more. There might be a clue in Poll Pollinger's digest, but Pascoe guessed it was going to take another trip to the regimental museum to get to the real bottom of this.

On a quieter day he might have bunked off, but today he owed it to Dalziel to keep his nose to the grindstone. If only he could keep his mind there too!

Then he'd been told that Cap Marvell's brief wanted a word and when he saw who it was, he'd known he needed all his wits about him.

Lionel Harris, familiarly known as 'Bomber', might be greyer round the temples and roomier round the waist than on their first encounter many years ago, but he was still the same sharp little man who'd made Pascoe look a twit (and without him noticing it!) on the young DC's very first appearance in a Mid-Yorkshire court.

So he chucked his disguised dilemma at the solicitor's head in an effort to wrong-foot him as soon as he came through the door.

'I've never come across a case of suicide while the balance of the molars was disturbed, so I assume that on the whole the greater fear would dominate the lesser pain.'

'I wonder,' said Pascoe thoughtfully. 'Still, it's always good to get a legal perspective. So how can I help you, Lionel?'

They had become friends, or at least, friendly foes over the years. But each knew the other had a different bottom line.

'I just wanted a word, off the record, about the position of my client, Amanda Marvell. You know how I hate making an official fuss …'

'Oh yes. Printed in block capitals on the file we keep on you,' murmured Pascoe. 'Hates making a fuss.'

‘.. but in this case my client has cooperated fully. Nay, in my opinion she has cooperated to excess, making no complaint when she was kept in custody overnight, offering no threat of action for false imprisonment, refusing to let news of her maltreatment be released to the media, quietly answering all your questions, and enduring with restraint and dignity all the indignities heaped upon her. But enough is enough — '

'There we have no argument,' interrupted Pascoe. 'In fact, I doubt if I've ever heard you say a truer word. Enough is indisputably enough. But as I'm in charge of this case, it would seem a dereliction of my duty if I let Ms Marvell go without personally ascertaining that everything has been done by the book.'

'I'm sorry?' said Harris, alert. 'You say you're in charge, Peter? I thought Mr Dalziel…'

'Disqualified himself immediately on the grounds of personal involvement,' said Pascoe. 'But because he and Ms Marvell know each other socially, I thought it might make matters less stressful for her if she spoke to the superintendent to start with, under my supervision of course. I hope Ms Marvell hasn't found anything to upset her in this mode of procedure?'

'Well no,' said Harris who Pascoe guessed had been saving up his complaint about Dalziel's involvement as a final body blow. That he would know about the relationship, Pascoe was sure. From what Ellie had told him there had been too many of Mid-Yorkshire's great and good at the university party for Cap Marvell's escort not to have set their collective imagination reeling.

'Good. Then let's have the lady in, shall we?'

He had seen her distantly before, but never spoken to her. Close up, he found her rather heavy features, untouched by make-up after her night in the cell, disappointed any expectation he had of sharing Dalziel's sense of attraction. OK, she had great knockers if your fancy erred towards field sports, but she didn't light his touchpaper.

'I'm sorry if I'm a disappointment,' she said. 'But at least we neither of us can be accused of concealment, can we?'

He felt himself blushing. It was as if she'd overheard his pathetically macho thoughts. She'd certainly read his reaction on his face.

'I do hope not,' he managed in recovery. 'In fact, to make absolutely sure, I'd like to go over one or two things with you once more.'

Her steady wide-eyed gaze reminded him of someone; Miss Martindale, that was who. No other resemblance of age, figure or colouring, but that same sense of being in the presence of someone whose actions were based on rock hard certainties. Would Miss Martindale take a swing at anyone she felt was in the way of her duty to her pupils? Metaphorically, without doubt. Literally? If the kids were locked in cages and being experimented upon, yes, very probably. But the parallel was inexact. You couldn't compare kids and animals. Like Rosie, he might be tempted to hurl a stone at someone beating a dog, but it would take someone beating Rosie to turn him homicidal.

'You have a son, Ms Marvell,' he said.

'Yes.'

'I don't see what my client's family has to do with this,' said Harris.

'Really? But you must be aware that Colonel Pitt-Evenlode provides the alibi for one of the dates we're interested in? Surely you don't object to my referring to witnesses?'

'No, of course not. .'

It was nice to bomb Bomber, thought Pascoe.

'Your son confirms your dinner engagement on the night in question. Neither of you were able to be very precise about the time you finished. Fortunately the restaurant credit-card system records time of transaction among all the other details. And even more fortunately they maintain their records. The colonel paid the bill at 9.32 p.m. This is rather earlier than either of your estimates. The colonel's was tennish, if I recall. And yours was, let me see, 10.00 to 10.30, plus another fifteen minutes to go to the cloakroom, get your coat et cetera, and make your way to the exit where your son had called a taxi.'

'Is there a point you are labouring towards, Peter?' asked Harris.

'Simply this. Ms Marvell's original estimate that she arrived home about 11.00 p.m. made it difficult for her to have changed — I presume that she would have changed — and driven out to Wanwood House to be involved in a break-in there, which the night watchman, who as you will recall was locked in his room with the telephone wires cut, recorded as commencing at a quarter past eleven.'

He was pleased to see his orotund style was irritating Harris. But an irritated Bomber is not a man you want to be in the same room as.

'Perhaps you could clear up a small point for me,' he said. 'On both these occasions my client had been wining and dining. No doubt, through bills at the restaurant and witnesses at the wedding, you can ascertain just how much wine. Hardly the best preparation for an expedition such as you allege.'

'Not if planned,' agreed Pascoe. 'But if spontaneous, alcohol could be a contributory factor rather than a point in rebuttal.'

Hint of a deal there. Diminished responsibility? Well, why not?

Bomber was smiling.

'My point is that while a trio of tipsy ladies might have effected entry to Wanwood which at the time in question was, I gather, secured only by one man and his dog, I really can't see how even the luck of the drunk could have got them undetected into Fraser Greenleaf's plant which had much more sophisticated protection from a top national security firm.'

The same point had already struck Pascoe.

He said weakly, 'I daresay an hour's drive had sobered them up.'

'Indeed. And even on your short acquaintance with Ms Marvell, you must have concluded that she is a very sensible woman. Sober, would she have proceeded with such an insanely stupid action?'

Cap Marvell coughed gently but compellingly.

'I am still here,' she said mildly. 'And while I'm pleased to have your advice, Mr Harris, I think it might speed matters up if Mr Pascoe is allowed to ask his questions and I to answer them as best I can.'

This is the world upside down, thought Pascoe. Suspect rebukes the brief and offers full unaggressive cooperation to the fuzz! Time to join in the daftness.

He said, 'Ms Marvell, why are you being so calm and cooperative?'

She turned that wide candid gaze upon him and this time he felt some of her power of attraction.

'Because I feel I owe Superintendent Dalziel this. Because when I walk out of here, which I hope will be sooner rather than later, I want to feel certain that I have left you no excuse to haul me back in. Because, you should understand, Mr Pascoe, that this is your one free shot. After this it's press, television, letters to my MP, claims for damages, barristers. High Court, European Court, the lot. So do carry on.'

Pascoe glanced at Harris. The solicitor gave him a sympathetic smile and a sorry-I-can't-help-you shrug, then settled back in his chair to enjoy the show.

Bastard, thought Pascoe. All those years, and he still lets me talk myself into trouble!

He said, These occasions when you claim you gave Ms Walker and her bicycle a lift in your car, let's take another look at them.. '

'So you've let her go?' said Ellie.

'Had to.'

'Threatening noises off from the Hero?'

'No. Evidently Lieutenant Colonel Pitt-Evenlode is taking it all in his stride. But then he is still under the impression that Mummy is merely being investigated for another of her silly little free-the-wee-beasties stunts.'

'Why didn't you put Andy's sighting of her the night of the party to her?'

'Because at the moment it's all we've got, and if she looked a jury straight in the eye and said, "He's lying," I'm not sure who they'd believe.'

'You're sure who you believe?'

'Of course,' he said. 'But I'd like a bit of support so that a simple denial won't get her off the hook. All we want is a firm sighting of her Discovery driving around when she says she was watching telly. Or even someone from one of the other flats noticing the time of her return.'

'But do you really think she did it?' said Ellie.

Pascoe shrugged and said, 'Open mind, but Bomber's point about a bunch of drunks getting past Security at Redcar is a good one.'

'I didn't ask if you thought she killed that guard,' said Ellie. 'Do you think she might have killed Wendy?'

'But if the two are linked.. '

'Could be they're not. Could be that she had some completely different motive for getting rid of Wendy and she's laughing her socks off at the unedifying sight of you and Fat Andy barking up the wrong tree.'

Pascoe shook his head in admiration of his wife's devious thought processes. Perhaps it took a woman to suss out a woman. Perhaps he should hand this one over to DC Novello.

He said, 'You think she might have done it then?'

'For the right reason, perhaps. What I'm certain of is she's very manipulative. One way or another she's good at getting people to dance to her tune. But I see I'm boring you. What you really want is to take a look at Poll's fax, isn't it?'

'I'm trying not to want it,' said Pascoe wearily. 'And no, love, you don't bore me. Ever.'

He gave her a kiss to prove it. But when she led him to the dining room where she'd arranged the fax sheets on the table, he didn't resist.

Poll's covering note was admirably terse and to the point.

The record of your great-grandfather's trial consists of (1) the official court-martial papers detailing the charge (2) the names of those taking part (3) the president's notes on witnesses' statements and any cross-questioning (4) written evidence presented (5) defence (6) sentence and recommendations (7) written comments from CO on character and record (8) written opinions from brigade, corps and army commanders on whether the sentence should be commuted or carried out (9) Army Form B 122 which is your g-grandfather's conduct sheet (10) the commander in chief 's signature confirming his agreement with sentence. I am sending you my notes as I made them, no embellishments. I know that what you want is simply the facts.

There was no signature. Poll didn't believe in taking more chances than she had to.

Pascoe turned to the notes.

(1) cowardice in face of the enemy — September 26 1917 in Polygon Wood — during advance, assaulted platoon commander Lt Grindal — told survivors of platoon their orders were to withdraw — and led them back to their starting line on south edge of wood. NB authorities spoilt for choice — striking SO, quitting post, disobedience, casting away arms, mutiny, all capital.

(2) President — Major Arthur Lippman plus Captain John Partridge and Lieutenant Lionel Holliday. Prosecuting officer — Captain Hartley Evenlode (Adj. WYF) — Prisoner's Friend — Captain Thomas Hilary Studholme.

(3) First witness for pros. Major Vernon — Australian — came across small group of men sheltering in trench — asked what they were doing — one of them — Private Doyle — said they were sole survivors of 2 platoon WYFs and had been ordered back. Vernon asked, By whom? Doyle said sergeant had relayed order. Where sergeant? Gone further back with wounded officer. Where weapons? Ordered to throw them away by sergeant. Vernon made note of names and unit. Own duties didn't leave time for further investigation.

Second witness, Sergeant Mackie, Field Ambulance Unit on duty at Advanced Aid Station. Sergeant Pascoe appeared with Lieutenant Grindal — half carrying him, though Lt was conscious. P. put him down and asked Mackie to take a look at him. He went to sit a few yards away and lit a cigarette. Mackie examined Lt and found no sign of injury other than severe bruising to jaw. Pres. asked if any theory about cause and Mackie said, As if he'd been punched. Mackie said he asked Sergeant P. if he was injured and he said no, he'd be going back forward shortly, he just wanted to make sure the Lt was all right.

Third witness, Captain Ainstable, Staff Officer. Gathering info on progress of assault on Polygon. Noticed Sergeant P. Asked if he was getting treated, told no. Asked what he was doing there. Told he was having a smoke. Asked why he wasn't with his unit. Told that most of them were dead and if he, the Capt., didn't believe it, he was free to go into the wood and take a look for himself. Capt. then ordered his arrest — for insubordination initially, but on checking with Mackie on suspicion of desertion. (Yet another poss. charge!)

Fourth witness, Private Doyle. Said the platoon took very heavy casualties during advance through Polygon. Heard Sergt P. continually urging Lt Grindal to slow down and take cover. Pres. asked if this came across as military advice from old experienced soldier to young officer. Doyle said no, impression he got was Sergt P. was shit scared. Pres: Which you weren't? Doyle: Oh yes. But like most of the rest of them it was his job to keep going till ordered to stop, not to tell other people what to do. (NB Clearly impressed Pres. as honest answer from good English yeoman.) Finally came under heavy fire from pillbox. Many of platoon killed at this point. Last saw Lt standing up with revolver in hand. Got impression he was pointing it at Sergt and urging him forwards. Then there was shell blast. When smoke and debris cleared, Lt and Sergt no longer visible but shortly afterwards Sergt appeared, said Lt was injured and that they should withdraw. Doyle asked on whose authority. Sergt said Lt had passed on order just before he was injured by shell blast. Said he would see to Lt Grindal himself, but others followed and when he saw them, Sergt ordered them to throw away their rifles and give him a hand. When they demurred he said, OK if you'd rather be dead with a gun than live without one, that's your business. Pres: But you did throw your weapons away? Doyle: Only so we could help the Lt. Out of wood with Lt recovering use of legs a bit, Sergt said that others should take cover while he saw Lt safely back to aid post. Pres: What did you do after Major Vernon spoke to you? Doyle: What we'd been on the point of doing when he arrived. Went forward again to recover our weapons and make contact with rest of battalion. Which Capt. Evenlode (pros.) said he could confirm Doyle eventually did, the other two both having been killed en route. Capt. Evenlode also threw in that on an earlier occasion he had personally witnessed defendant acting threateningly towards Lt Grindal and he'd only been deterred from putting him on charge by Lt's vigorous opposition.

Fifth witness, Major Winander RAMC. On duty at Advanced Casualty Clearing Post. Examined Lt Grindal, confirmed Mackie's diagnosis, no wounds except for contusion on jaw but severely dazed and deafened probably from shell blast. Later examined Sergt Pascoe. Confirmed uninjured except for lacerations on knuckles of right hand. Pres: As if acquired by punching something? Major: Yes. Pascoe was by then in custody of military police. Grindal was sent to casualty clearing station but unfortunately the ambulance he was travelling in was blown over by a shell. Lt sustained broken arm and ribs. But major reaffirmed that prior to this he had no injuries except to his jaw.

(NB No record of Prisoner's Friend having asked any questions of these witnesses. This not unusual. Being too clever could antagonize court and implication of cross-examination was that pres. of court was not doing his job properly.)

(4) This kind of written evidence unusual. Explains delay between offence and FGCM. Lt Grindal's evidence dictated to his father Arthur Grindal because of difficulty with writing with broken arm, and sent from UK. Lt said that during attack he could recall Sergt declaring that the tactics were misconceived and would achieve nothing but all their deaths. Casualties were indeed heavy though to some extent this could be put down to slow progress caused by Sergt's extreme caution, thus giving enemy time to get a line on them. Way blocked by pillbox. Essential they took it at any cost, but Sergt said it was madness, they must go back. He remonstrated with Sergt then something hit him on the jaw and everything went black. Remembers nothing more till arrival at dressing station. Definitely gave no order to withdraw because he received no order to withdraw. Deeply conscious that any man could snap in heat of battle and begged court to show compassion to Sergt Pascoe who had been showing signs of being under strain for some time.

Accompanying letter from Arthur Grindal. Says that despite son's desire to cover up for Sergt Pascoe, he feels it his duty to speak out if only to prevent others from being put at risk by future association with the Sergt who used to be in his, Grindal's, employ before war. Despite many favours shown, he proved to be an unreliable workman, preferring to associate with union and socialist freethinkers rather than advancing his family and his firm's interests by putting in an honest day's work for a good day's pay. Even on his recent leave he had been observed at a socialist rally in Leeds which advocated following the Russian example of insurrection against the legal authorities and replacing the king and parliament by a council of workers, as well as withdrawing all troops from the Front and leaving the enemies of our country to deal with France as they wished. Nevertheless Grindal hoped that the army might temper justice with mercy etc. (If there'd been any doubt about the verdict, which there probably wasn't, this letter was the clincher. It was never read out in court, not being strictly speaking relevant to the facts of the case. Lt Grindal's letter was read out.)

(5) Sergt Pascoe made a statement saying that after the shell blast had left Lt Grindal unfit to give orders, command of platoon had fallen on him and he'd judged it best to get Lt back to aid post, suspecting that he might have internal injuries as well as evident shock. Admitted striking Lt to restrain him from blundering forward to certain death from pillbox machine guns. After depositing Lt it was his intention to go forward again after a short rest to make contact with Battalion HQ and get further orders. Pres. asked why he'd told remnants of platoon that Lt had communicated order to withdraw. Replied, if he'd given it himself men might have been put in bad light when explaining actions later, but by implying it was Batt. HQ order, he'd put them in clear. Pres. made note saying it was clear Sergt knew he was doing wrong. Asked him why after Lt incapacitated by shell blast he didn't attempt to contact battalion officers on either flank. Sergt said he'd no idea who was still alive and after what he'd seen in his section it wasn't likely to be many. Pres: Was that a criticism of the tactics involved in the assault? Sergt: It was a criticism of the whole fucking campaign. Reproved for swearing. Pres: You are aware that the assault on Polygon Wood was a success and at the end of the attack the wood was firmly in the hands of the comrades you turned your back on? Sergt replied, But it wasn't a wood. He wished to hell they'd all stop calling things names that no longer fitted. A wood was a place with trees and undergrowth, with green shade and birds singing and mossy tracks and maybe rabbits and deer playing around. These so-called woods he'd spent the last few weeks watching good men die over were nowt but blasted stumps sticking up out of churned up ground where your only solid footing was like to be a dead man's bones, and if you nailed a crosspiece on every stump to turn them into grave markers, there'd still not be enough for all the men who'd died to take or defend them. And there was none of them worth it, not one of these so-called sodding woods, whatever picture it might give folk back home of cavalry trotting under oak and beech. Their names were a deceit. The whole campaign in the Salient was a deceit. Every fighting man in the army, including those in this court, knew that the taking of Polygon Wood, and of the other pathetic two or three miles of muddy hell that had been covered these last few weeks, wouldn't bring the end of the war a day nearer. If after this the leaders on both sides couldn't see how futile the whole business was, then what was to stop them fighting on till they ran out of men to fight with?

(Pres. made what look like verbatim notes of all this. Must have scribbled furiously. Perhaps he felt that prisoner's personal statement merited close consideration. Only comment at end was, 'SANITY?' Not an issue, of course. Catch-22 had always applied. If Arthur Grindal's letter clinched verdict, this outburst probably put lid on any hope of a strong recommendation to mercy.)

This was end of defence. No witnesses called, everyone possible having been called by prosecution.

(6) Verdict guilty, sentence death, no recommendation to mercy.

(7) CO says Sergt had shown many good qualities as soldier but recently stories had been circulating that he was centre of disaffection based on idea that working men with pacifist inclinations on both sides should unite in refusing to fight any more. Lt Grindal had given assurances from personal knowledge of Sergt that he could keep him straight. CO's sense that Lt had suffered personal betrayal meant he could not demur from court's verdict.

(8) After such comments at battalion level, verdict was rubber-stamped approved all way up the line of command.

(9) B 122 exemplary. Shows what a lot of fucking notice they took of that!

(10) Confirmed. Signed Douglas Haig CiC.

(That's it. Apart from Sergt's spirited outburst, it's pretty well par for the course. Evidence as it stands made it almost impossible for FGCM not to bring in guilty verdict. But in terms of basic legal and human rights — and I mean those which were accepted and operative in civvy courts in 1917 — the whole shebang is a mess which you wouldn't shoot a dingo on. Absence of ref. to Prisoner's Friend doesn't necessarily mean the poor bastard didn't do his best, but only that Pres. of Court, possibly out of kindness to a fellow officer because he knew that senior eyes which got bloodshot at any hint of a troublemaker would be scanning these records, didn't feel the need to record his efforts. Not much here for your comfort but then you didn't expect any, did you? One last thing. After you've read, marked and learned this, would you quite literally inwardly digest it, or destroy it by some other means. See you!)

Pascoe finished reading then gathered the papers up and took them through to the lounge where Ellie was sitting in front of the fire, nursing a glass of Scotch.

'Hi. All done?'

He knelt beside her and laid the fax sheets on the flames.

'I wish I could feel that was symbolic,' said Ellie. 'Shall I pour you a Scotch?'

'Better not,' said Pascoe.

'That doesn't mean what I think it means, I hope.'

'I need to see Studholme and I doubt if I'll have time tomorrow.'

'They've invented this thing called the telephone.'

'I need to see him,' repeated Pascoe.

She didn't argue but rose and went out into the hall. He heard her using the telephone. When she returned he looked at her enquiringly.

'Just fixing a baby-sitter. Hit lucky with Myrtle down the road. She'll be here in ten minutes. Any objection?'

'Yes,' he said smiling. 'If you hadn't been so quick getting stuck into that whisky, you could have done the driving too.'