The Accused (Modern Plays)

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Authors: Jeffrey Archer
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pregnant. ( Barrington
is stopped in his tracks
.) And when I told him I was going to have his baby, he begged me to have an abortion. (
She looks defiantly at
Sherwood.) And I only agreed to his demands because I wasn’t willing to give birth to the bastard of a murderer.
    CURTAIN

Act Three
Scene One
    The following day
.
    The
Jury Bailiff
walks through the door and addresses the audience. Clock shows 9.45
.
    Jury Bailiff Good morning Ladies and Gentlemen of the Jury. Today it is the turn of Sir James Barrington to take up the cudgels on behalf of the Defence. I am unable to give you any guidance as to the witnesses he intends to call (
He glances at his clipboard.
) as no names appear on the list. This, of course, may be a ruse by Sir James to keep the Prosecution guessing. Or it may simply be that following Ms Mitchell’s evidence yesterday, Sir James has not yet decided whether to put Mr Sherwood, in the witness box, where he would have to face cross-examination by Mr Kersley. It is, of course, not compulsory under English law for a defendant to take the stand. However, if he does not, inferences of guilt may be drawn. Ladies and Gentlemen of the Jury, if you are ready, we will return to Court Number One.
    He steps through the door; when the lights come up, we are back in Court Number One
,
Everyone is in place awaiting the
Judge
and jury
.
    Ashton Do you think he’ll put Sherwood in the box?
    Kersley I wouldn’t. Always quit while you’re ahead.
    Ashton You think he’s ahead, after all you achieved yesterday?
    Kersley Yes, I do. A trial can be going your way and then suddenly one piece of evidence will derail you. Did you see the faces of the jury when they discovered that Ms Mitchell was left-handed. Doubt must have crept into their minds. No, we must hope that he puts Sherwood in the witness box. And if he does, I’ll need those two theatre programmes.
    Ashton Ms Mitchell dropped them off in chambers this morning. They’re both in the envelope.
    Kersley Good.
    Barrington Have you had a chance to speak to our client this morning?
    Jarvis He was consuming gallons of black coffee, wondering if you had come to a decision about putting him in the witness box.
    Barrington I haven’t been left with a lot of choice after Mitchell’s revelation yesterday. It was a bad mistake on my part, Andrew. What did you learn from it?
    Jarvis Not to ask one question too many.
    Barrington A barrister’s worst nightmare. If I had stopped the moment she admitted to having affairs with three other doctors, the jury would not have been quite so sure about the rest of her evidence. Why in heaven’s name didn’t Sherwood tell us about the abortion in the first place?
    Jarvis Perhaps he didn’t know himself and I have a feeling that Kersley was as surprised as we were.
    Barrington Don’t you believe it. Kersley rehearsed her down to the last syllable.
    Jarvis All the same, I thought he was impressive yesterday …
    Barrington (
He looks across at
Kersley
who is talking to
Ashton) Yes he was, damn the man - but that was yesterday. We still have one piece of evidence that Kersley doesn’t know about. If he did, Mitchell would have revealed it, and that would have ended any chance of us winning this case.
    Three knocks to announce the arrival of the
Judge .
    Usher Be upstanding in the court. All persons having anything to do before my Lords, the Queen’s Justices, draw near and give your attendance. God save the Queen.
    The
Judge
enters and takes his place. All bow to the
Judge
who returns the bow
.
    Usher Bring up the prisoner.
    Judge Sir James, are you ready to open the Defence case?
    Barrington Yes, My Lord, I am. May it please your Lordship, Members of the Jury, I rose this morning with a heavy heart, only too aware of the responsibility that rests upon my shoulders. For it has been left for me to convince the Jury that Mr Sherwood, far from being consumed with murderous intent as Ms Mitchell would have us all believe, is in

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