Chapter 4
The day of the trial dawned. Jeffrey forced himself to have a good breakfast. Then he showered and shaved, leisurely dressing himself appropriately. Going down into his study awaited the arrival of Richard. Jack had thought if Richard could call for him, at least he would not be driving himself to the courts. Jack really was a good friend to Jeffrey. He was the one to be there for him at the police station and also insisted on taking complete control of his case. This being his first in his new role as a barrister, he was in fact excited about the prospect.
Richard arrived in good time. "Do you want a coffee Richard?"
"No thanks old boy, I'm as nervous as a kitten. I can't imagine what you're going through right now. I could do with a stiff drink. I bet you could too?."
"Yes I could," Jeffrey said. "But I don't think that would be a good idea. Do you think we ought to set off for the courts? We don't want to be stuck in traffic. I would hate not to be on time." With that the two men walked towards the door and set off on their journey to court.
Inside of the building, having been through a search first, the two men were directed to the court where the trial was to be held. Jack was waiting. "Thank you for bringing him Richard,” Commented Jack. "I must converse with Jeffrey alone. Would you like to go home now, no point staying today."
Once alone, Jack led Jeffrey into a small empty room. "We will be alright in here. Jeffrey I must advise you that, if you want to plead guilty, you should do so now. If you do you will get a lesser sentence. We are you know, talking about a murder charge. If a jury finds you guilty, you will undoubtedly get a life sentence."
"Oh,” Jeffrey said despondently. "Are you advising me to say I'm guilty? Don't you think you can win this case for me."
"No, no, not at all, I am by law obliged to point out the situation to you. Don't worry I will do my very best for you Jeffrey. You do trust me don't you? Now we must go, I have to go and report. You will be called in shortly."
The usher came and led Jeffrey into the courtroom. After some formalities, the jurors were sworn in. This took the biggest part of the morning. The judge said it was a good time to stop for lunch and the court would convene at 2 pm. precisely.
Jeffrey made his way to the canteen. It was empty apart from a young couple rapped into each other. He was glad about that at least, he ordered a sandwich and a black coffee. Taking them to the far corner of the room where he sat down. Alone now with his thoughts, Jeffrey reflected what might have been. How could one controller ruin two lives, he knew that as bad has his predicament, Shirley's life would be hell too. What was to become of him he didn't know. He would gladly suffer all of this and more if only he could have Shirley to love. He continued deep in thought until he heard the tannoy.
"Will all parties in the case of Jeffrey Benson versus the crown. Please report to court four." Jeffrey sighed here I go.
Back in the courtroom, the prosecutor Stephen Fry began his opening speech to the jury. " I aim to prove to you beyond all reasonable doubt that Jeffrey Benson is guilty of murder. He is in fact the soul reason for his wife's disappearance. How and where he disposed of her, we can only surmise. It is my intention to show you that her absence is not of her choosing. Her husband,” he said pointing towards Jeffrey and pausing for effect. "Is the soul instigator in her disappearance. I will produce evidence to prove that she has not contacted him or any of her friends during this time."
Standing up then John Spencer started his opening speech. "I will prove to you that Jeffrey Benson is of exemplary character and further more is incapable of murder or in fact any misdemeanour. I will also show how very much in love he was with his wife. Whatever the reason for her disappearance, he had no hand in it and my client is so distressed by her going missing. It is really affecting his health." Sitting down Jack looked towards Jeffrey giving him a reassuring smile. "Calling Mr. Frederick Johnson." The usher said. Fred Johnson walked in. "Do you swear on the bible?"
"I swear to tell the whole truth, nothing but the truth, so help me God." Standing up the prosecutor began.
"Mr. Johnson, are you the postman for the area where Mr. Benson resides?" "I am Sir." Came the reply.
"Cast your mind back to the day of Shirley Benson's disappearance, tell us in your own words what you saw that day?"
"I saw Jeffrey Benson," he said pointing towards Jeffrey. "It was the late afternoon of the 4th July last. I was just finishing my work for the day. It was raining heavily. Mr. Benson was saturated, he seemed in a daze."
"Objection." Shouted Jack. "This is conjecture, your honour." "Overruled." Replied the Judge. "Carry on."
"He was on his own and earlier, while I was delivering mail, I saw Mr. and Mrs. Benson leave home together."
"What makes you so certain it was that day?" Stephen Fry asked. "Well, you see, it was Independence Day and I had planned to take my wife and little girl to Mr. and Mrs. Benson party. Jeffrey always celebrates the 4th July, because he is half American on his mothers side."
"Did you deliver his mail as usual after that day?" Prompted the prosecutor. "Yes I did, but I couldn't help noticing that all he received were circulars and an odd bill or so." "How can you be sure of that Mr. Johnson?"
"I like Shirley Benson, so did everyone and I guess I was looking for a letter from her. I remarked about it to Jeffrey on several occasions. I asked him once if She’d left him." "What did he say to that?" Prompted Stephen.
"He just laughed and said she was busy looking after her mum. No doubt she would write when she could."
"That is all Mr. Johnson, stay there, no doubt Mr. Spencer will want to ask you a question or two." With satisfaction, the prosecutor sat down. Jack stood up for the defence and began cross-examining. "Mr. Johnson or can I call you Fred?"
"Please do." Came the reply.
"Fred, how long have you known the defendant, Mr. Benson?" "From a man and a boy." He replied.
"You can say then what sort of a man he is?"
"Oh yes indeed, I like him. He is a decent sort, always helping others." "Can I say Fred then, he wasn't the type to commit murder?" "Objection, your honour, this is pure speculation."
"Overruled, continue Mr. Spencer." Said the Judge.
"I'll repeat the question. Do you feel he is the type to commit murder? Please answer the question yes or no?"
"No Sir."
"Thank you." Said Jack.
"You may step down. We will now adjourn until tomorrow morning." The Judge said.
"How do you think it's going Jack?" Asked Jeffrey.
"It's too early to say, it could of course go either way. I've heard by the other barristers they thought that they had the case in the bag, only to find the jurors thought differently. However, it has gone the other way too. So I won't count my chickens until they're hatched. We will just have to wait and see. Go home and get some rest Jeffrey, try not to worry. Leave the worrying to me." Jeffrey and Jack walked down the steps of the court in silence.
That night Jeffrey lay awake pondering his plight. He had to, he knew, come up with a plausible excuse for Shirley's absence. There was no way he could tell the truth, on the other hand Jeffrey wasn't good at lying. He remembered has a child, his teacher used to say no good you lying to me, I can always tell your ears go red. He didn't know if his ears still went red. That teacher had certainly cured him of the habit. Jeffrey came up with an idea, he hoped would help retrieve the situation he now faced. He knew that at this moment in time, he could be facing a substantial prison sentence. So lying was his only option. Next day bathed and shaved, Jeffrey was ready for his ordeal.
Once more in the courtroom the formalities over the trial proceeded. "I call PC Constable to the stand." Someone in the gallery laughed. The Judge glared. No sense of humour Jeffrey thought. In walked PC Constable, once sworn in, the prosecutor Stephen Fry said dramatically. "PC Constable (titters from the audience) may I ask you your first name?"
"George." Came the reply.
"Well George, can you tell me the procedure leading up to the arrest of Jeffrey Benson?" George took his note pad out of his pocket and began. "On the 22nd July, I was approached by Ivy Smith and Elaine Evans, two close neighbours of Mr. Benson." He added. "Miss Smith had noticed the continued absence of Mrs. Benson and was extremely worried. She said he had deliberately lied to her. He'd stressed to her that his wife had gone to visit her dying mother. Prior to her departure Mrs Benson had told Mrs. Smith that she was in fact a foundling." The audience gasped and Jeffrey groaned inwardly. "Carry on George." Said the prosecutor.
"I immediately got on to my superior, he advised me to look into the matter more deeply. I continued to gather evidence. It was on the 27th July that I saw Mr. Johnson the postman, he told me." He continued giving much of the same evidence as the postman. "What happened next?" Prompted the prosecutor.
"Well, I then walked down towards the beach, from where Mr. Benson was seen walking by the postman." He added. "I'd hoped to find some clue or something to account for the disappearance of Mrs. Benson. I stumbled inadvertently upon a lighter; it had fallen at the side of a large rock. Also there I found several cigarette butts of the kind Mr. Benson smokes. Several of the neighbours identified the lighter as the one his wife had given him for his birthday."
"Notice exhibit A." The contents of the bag were then passed to the jurors. "What next George?"
"Both myself and PC McDonald went around to Mr. Benson, this was on the last day of July. We had a warrant to search the house, though Mr. Benson was co-operative. Whilst searching the premises, I and my colleague noted that her wardrobe was full of clothes. Her handbag when opened revealed a purse, make up and other items of value to a lady. During the search we also found a ring. It was found in the top pocket of Mr. Benson’s jacket. When confronted with the said ring, he promptly admitted it was his wife's wedding ring. When questioned why it was in his possession, he wouldn't answer. I then promptly arrested Mr. Benson."
"Thank you George." Then Stephen Fry turned to the jury. "The ring exhibit B, do you wish to see it "That shouldn't be necessary." Said the Judge. "The defendant has already admitted to the ring belonging to his wife."
"Very good my Lord." Came the reply.
“Also Sir the most damning evidence of all, whilst searching the area we discovered a knife which forensics lifted a fingerprint which matched the accused.”
Ah gasped the audience.
“Please note exhibit C” Replied Mr Fry "Do you wish to cross examine?" Jack shook his head. "You may step down PC Constable." Said the Judge. "We will adjourn for lunch. Let's say back for 2 pm."
Having adjourned, Jack very quickly ushered Jeffrey away “What is all this about a knife?”
“Oh my God” replied Jeffrey “ I totally forgot about it, when I followed Shirley on the beach, I was jealous thinking she was meeting another man, but I thought better of it and threw it away. You do believe me don”t you Jack? I am telling you the truth.”
“This changes everything” Jack started “I don’t know how we can get around this Jeffrey” With that Jack marched off looking very upset. Jeffrey went into the canteen, again ordered a sandwich and black coffee. He knew however, he wouldn't eat much of it. Though it would give him time to quietly compose himself to face the afternoon session. Jeffrey smiled, it was, he thought ironic him needing time to think as he could very well have years and years to think. Jeffrey shuddered, how could he come to terms with prison. Even being locked in whilst awaiting bail was bad enough. In his mind he even contemplated suicide. So dark was Jeffrey's despair. Once more over the tannoy came the announcement summonsing Jeffrey back to the court.
The two legal eagles were discussing a point of law, when Jeffrey was ushered in. Jack acknowledged him. Then quickly assumed his position. "All rise for Judge Partridge."
"Calling Miss Ivy Smith." In bustled Ivy she was a jolly looking soul, pleasantly rounded, her hair was now turning grey and was cut quite short. Jeffrey estimated her age to be around seventy, but thought she looked good for her advancing years. Once sworn in, the prosecutor began. "Miss Smith or may I call you Ivy?” Ivy giggled. "Please do."
"Do you remember the events leading up to the disappearance of Shirley Benson? Can you tell the court just what made you suspicious?" He said.
"Well," answered Ivy. "I'm not in the habit of gossiping for the sake it," "Please get on with it Miss Smith." Said the Judge.
"Right Ivy I will have to hurry you along." Stephen Fry said gently. "Why were you suspicious?" He repeated.
"Well a couple of days before Shirley's departure,” Ivy said tactfully looking across at Jeffrey. "I invited Shirley in for a cuppa, while we were talking Shirley said to me she wished she had a mum like me. In fact she told me she had never known her. She was a foundling. Shirley explained it was on a doorstep in Dorking where she was found. She was about six months old at the time. Then she was shipped off to an orphanage. It was only when I visited Jeffrey the day after Shirley left, I realised something was not quite right."
"Why was that?" Prompted Stephen.
"He said he was unwell, so it was a pity Shirley had chosen that particular time to visit her mother. He also stated she didn't have a choice, because her poor mother was dying. "That,” She said. "Was his very words."
"What did you do then?"
"I left it for a week or so, then I began to think perhaps I should say something. This was still on my mind, when I came across Fred Johnson, he was delivering his post to Elaine, my friend." She added. "Fred confided in me, we're old friends you see, he too was worried. We both decided to go and see Mr. Constable the constable." More titters from the gallery. Jeffrey gave a wry smile; it was he thought a bit of light relief in this sombre courtroom. "That's all Ivy, you have been very co-operative. Don't stand down just yet." Said the prosecutor. "My learned friend Mr. Spencer would like to question you."
"Miss Smith, did you like and even respect the defendant Mr. Jeffrey Benson?" Jack asked.
"I certainly did, but,"
"No buts, Miss Smith please." Jack continued. "How long have you known Jeffrey Benson?"
"All of his life." Came the reply. "What sort of person is he?"
"I always found him a nice and kind man who would always help others." She answered truthfully.
"Do you think him capable of murder Miss Smith?" said Jack dramatically. "Not really."
"Thank you Miss Smith, that will be all."
"You may step down." Said the Judge. "Court will be convened tomorrow morning."
Once outside Jeffrey felt the cool air upon his face. The sun was about to set. Jeffrey drank in the scene. He loved winter unlike most people; it was his favourite time of the year. Alas, he thought he wouldn't see any more sunsets for years, should the jurors not find in his favour. Making his way homeward, Jeffrey's thought turned to Shirley. He wondered how she was managing to cope; though her plight couldn't be as bad as his he guessed she'd be feeling pretty miserable, if that were the future, no love, and no freedom of movement. Perhaps, Jeffrey thought, he might be better off not surviving. "Cheer up you old bugger." He said out loud. This really would not do, he knew if he was to get through these next few days he would have to stay positive.
Once home Jeffrey decided on a light meal, taking it into his study, he then settled down to his favourite game on his computer. Having amused himself until around 11 pm. Jeffrey then retired for the night. Up early next morning having shaved, showered and eaten breakfast Jeffrey thought he would take a short walk to mentally prepare himself for the day ahead. He knew that today he would have to take the stand. He found himself back at the beach, in fact outside the very rock face, the very entrance to the cave. Jeffrey lit a cigarette. He watched the waves angrily lashing the rocks below. It had become overcast; looking like it was about to rain. Jeffrey thought it's time to make tracks for home.
On his arrival at the courthouse, Jack was already waiting for him. "You're late, hurry up." He said. "I want to brief you before you take the stand." He didn't wait for a reply, but quickly ushered Jeffrey into a nearby room.
Briefing over, Jeffrey was summoned in the courtroom. The now familiar words. "All rise for Judge Partridge."
"The prosecution rests your honour." Said Stephen Fry. John Spencer arises for the defence. "I would like to call to the stand Mr. Jeffrey Benson." Jeffrey making his way down to the witness box thought this is it, no turning back now. Jeffrey took the oath. Jack smiled having dispensed with the formalities, he continued. "Tell the court in your own words what happened prior to your wife's Shirley's disappearance. If you will explain how it came about?"
"Well,” said Jeffrey. "It all began a couple of weeks before Shirley left. She was beginning to seem more preoccupied and just wasn't herself at all."
"In what way wasn't she herself?" Asked Jack.
"I couldn't really put my finger on it. I thought, perhaps she was regretting giving up her career. I asked her, but she assured me she was happy being a housewife."
"Could you tell the court what her career was?" Jack prompted. "Shirley was a model, her career took her all around the world. I considered myself a very lucky man, that she had chosen me instead." Jeffrey said humbly. "Do carry on, what happened next?" "Well, I'm ashamed to say it now, but I was suspicious. Whenever I asked Shirley what she had been doing whilst I was at the office, she was evasive, saying very little. I followed her one morning." Jack interrupted. "When was that? Can you be more precise?"
"It was just a week before Shirley left me. The date would have been 28th June." "Carry on." Jack smiled encouragingly.
"As I said, I followed her, she went towards the beach. I saw her meet a couple. A tall fair-haired man of about twenty-five years and a blonde girl, she looked a couple of years younger. I guessed they were brother and sister, because there was a strong resemblance."
"What did you do then?"
"I went to work, when I arrived home I asked Shirley what she had done with herself, hoping she would tell me. She responded, by saying she hadn't been anywhere or seen anyone. I was pretty annoyed and was determined to find out. My aim was to follow her again the next day." "Did you follow her the next day?"
"Yes, I did only to find that she again met the duo." "What happened next?" Jeffrey thought for a moment.
"Oh yes, I went back to work. However, that night, Shirley denied going out yet again. Only later that night I found a printed leaflet, it was tucked away under the cushion of the settee. I came upon it accidentally. I spilled a drink and removed the cushion to wipe clean. The leaflet was very disturbing to me. It was of a cult. I'd heard of before. They go under the name of Earth Children. Written on the booklet were details of their lifestyle and beliefs, believe me I was scared. I have heard of these cults before, I was worried for Shirley." The Judge interrupted saying, "I haven't heard of this cult before! This is the first I've heard about a cult, have you Mr. Fry?"
"No your honour, I have not. What's going on? Please continue Mr Benson" Jack interrupted “ Can you explain the knife with your prints on Jeffrey?”
“Yes the following day I decided to take a knife when following Shirley to ward off the cult members if they tried to snatch her. Unfortunately I lost sight of them so I threw the knife away and stormed off feeling frustrated that I had lost them. That was the last time I saw her.”
"We will adjourn for lunch at this time,” said the Judge. "Will council meet me in my chambers. Court will commence at 2.30 pm."
Once in chambers, the two men discuss the matter with the Judge. "This is highly irregular, your honour." Said Stephen Fry. "I haven't any of this statement, neither have the police." Looking towards John Spencer for an explanation. "I haven't a clue, honestly I've just heard it myself. When I told him I wanted him to testify, he said he would now be able to reveal the truth." Jack replied.
"Let him carry on then, you of course will be able to cross examine Mr. Fry. No doubt you will let it be known then." With that the Judge dismissed both councillors.
Meanwhile, Jeffrey had settled himself down in his usual corner with his sandwich and black coffee. He wasn't sure how it was going, but at least he thought he'd given the jurors something else to think about. It isn't as though it was all lies; he had in fact followed her down to the beach. Also he had found evidence that night so he was quite pleased with the way he had incorporated the truth within his lies. After all he thought I was an innocent man. If his statement helped them to realise this, then all well and good. The tannoy interrupted his thoughts. He stood up and it was time for him to go. Bracing himself Jeffrey walked into the courtroom.
Once more having gone through the formalities, Jeffrey found himself again in the witness box facing the jurors. "You're still under oath Mr. Benson." Said the Judge. "Let me see, ah yes if you wouldn't mind quickly re-capping to refresh our memories councillor." Jack stood up and recounted what Jeffrey had so far said. Having finished, he turned to Jeffrey and said. "You may continue in your own words." Jeffrey began. "The day before her disappearance I did in fact confront Shirley showing her the leaflet I had found over breakfast. Shirley looked down at the leaflet she stated I was handed this leaflet whilst out shopping in the mall and I had forgotten all about it, I didn’t know where it had got to. I knew instinctively she was lying. I knew that I had lost my Shirley probably for good. I would have hired a private detective to try and trace her, but I knew if I did, Shirley would not come back, because you hear about these cults brainwashing people don’t you?”
"Why then," said Jack. "Did you tell your friends and neighbours that your wife had gone to her dying mothers?"
"I don't know, I guess I just needed time to come to terms with the situation myself first. I aimed to tell them eventually. Things happened so quickly, I didn't really have time to take it all in myself. Once having lied about the circumstances surrounding Shirley's disappearance, I found it easier to just let it lie. I never thought though, that it would come to this.”
"Very good." Said Jack, stepping down.
"We will adjourn now for the day." Said the Judge.
Jeffrey walked out, breathing in the fresh air. He was feeling optimistic, he was sure he was believable on the stand. The jury felt he must free him. Arriving home, Jeffrey ate heartily for the first time in days. So it was with a lighter heart, he settled down for the evening. Once more he amused himself on his computer. However, he stopped after an hour or so. Pouring himself a large Brandy, getting a bowl of nuts, he switched on the television. Lousy timing he thought, there he was on the local news. He quickly switched over to the movie channel, and then he watched a film. Having thoroughly enjoyed the film, ironically it was about a man accused of murder, who turned out to be innocent and was eventually released. Jeffrey hoped this was a good omen. Then retiring for the night, Jeffrey focussed on the day ahead. He knew it was going to be tough for him. All that was required of him was to keep his nerve. This he intended to do. He had lost Shirley, so he damned sure he wasn't going to lose his freedom. Jeffrey tossed for a while eventually falling asleep.
Next morning, Jeffrey again early, decided once more to go for a stroll. This time however, he walked in a totally different direction. He found himself in the park. Jeffrey reflected back to the spring when he and Shirley had visited the park. He remembered pushing Shirley on the swing. It was all new to her, he supposed she was seeing through the eyes of a child. She had thoroughly enjoyed herself that day. Jeffrey smiled, if only things had been different, he knew in his heart that if the controller had let Shirley stay. The pair of them would have been extremely happy. Maybe he mused, even had children. No use crying over spilt milk, Jeffrey said to himself. Got to move on, with that in mind Jeffrey started back towards home. Once home Jeffrey prepared himself for the court.
Arriving at the court, Jeffrey spotted Jack. "Come on." Said Jack leading Jeffrey towards an empty room. Once inside, Jack continued. "That was quite a stunt you pulled yesterday. I was fascinated, you could just have swayed the jurors." He grinned.
"I hope so Jack, I had to think of something plausible. I hate lying but I knew I would be thought crazy if I told the truth."
"I know Stephen Fry well, he will rise to the challenge. Be careful Jeffrey, stick to your guns and you'll be alright."
The morning session commenced. Jeffrey again went through the protocol on taking the stand. Stephen Fry began "In your statement yesterday, you alleged that you found a leaflet pertaining to a sect called the Earth Children. What happened to this leaflet?" He inquired.
"I think Shirley must have taken it, or destroyed it, for I couldn't find it afterwards."
"I put it to you Mr. Benson, that this is a figment of your imagination. There is not and never was such a sect. I certainly have never heard of them, nor might have, I might add any of my learned colleagues. In fact, I doubt if anyone here has heard of them."
Jeffrey replied "No I did not Sir." "Why did you change your story?" "I have already explained why."
"Why would you find the need to lie? Surely, as you made it quite clear you were the victim, wouldn't you have told or even consulted your friends about the situation. If that is the case you had nothing to hide!" Without waiting for Jeffrey to reply, Stephen carried on. "What about the argument?"
"Objection your honour," said Jack. "My learned colleague is not allowing the defendant to answer."
"Sustained, you may answer Mr. Benson." Said the Judge. "Would you repeat the question?"
"Very good my Lord." Stephen then went on to repeat the question.
"I didn't want to tell everyone the situation because I hoped Shirley would change her mind and come back home."
"Why then did you say in your earlier statement, the reason you didn't seek help, hire a private detective to find your wife, you knew she wouldn't want to come back? Surely Mr. Benson you do not expect us now to believe that this was not the case?" Jeffrey frowned.
"I don't know, I did not really think."
"No," interrupted Stephen. "You didn't think anyone would believe you." "Objection, putting words in my clients mouth."
"Mr. Fry, please be careful not to interpret Mr. Benson's words wrongly."
"Sorry you honour." Came the reply. Stephen continued. "About this argument, you said that it was an almighty one. Did you in fact strike out at her in anger?"
"No Sir, I did not, I love my wife dearly and would never strike out at her. It is not my nature to strike anyone." Jeffrey calmly replied.
"Mr. Benson, why would you have your wife's ring in your jacket pocket?"
"Well I found the ring when I came home next to the sink, Shirley often took it off whilst washing up and sometimes forgot to put it back on. Hence I popped it in my jacket pocket."
"Just like that, at least I'd have thought you might have said she threw it at you in a temper." Scoffed Stephen. "No further questions, your honour."
"You may step down Mr. Benson." The Judge said. "We will break for lunch returning at 2 pm."
Jeffrey decided today he would have something warmer for his lunch and so he opted for the lasagne. In hindsight he wished he hadn't as it was only just palatable. Having found an old magazine, Jeffrey passed the time browsing through it. Ironically, the date on the magazine read April 2002. The very month he had married Shirley. He guessed there would always be reminders. It was not as though he could or would ever forget Shirley.
Whenever he thought about her, he knew his heart would ache. For now, he must get on with the situation he faced, before he could hope to bury the past. Jeffrey saw Richard sitting waiting outside the court. He had forgotten Richard was to testify this afternoon. His heart lurched, he knew the trial was near completion.
"All rise for Judge Partridge." The trial was again under way. "Calling Richard Parkinson." Richard breezed in giving Jeffrey a wink he took the stand. After being sworn in, Jack for the defence