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Great Writing - Home > Scripts > Marple Murder - Act II, scene 1
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Drama Scripts
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| Marple Murder - Act II, scene 1 | |
| By jean.day | ||||||
| 21 January 2008 | ||||||
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From the context, I think the Hue and Cry was a publication circulated about crimes that had not yet been solved - and in this case, there was an article promising a pardon to anyone who could give information about the murder of Mr. Ashton, as long as he himself was not the one to have fired the gun. So they were tempting the criminals to inform on each other. James Garside was the first to take the bait. Act II. Scene 1. the same as the day before Time: 9 a.m. the following day Mr. Hill: Continuing from where we left the proceedings yesterday, I wish to call my next witness. Mr. William Wiston please take the stand. (Mr. Wiston comes forward and is sworn in.) Mr. Wiston will you please tell the court your profession and how you came to be involved in this case. Mr. Wiston: I am clerk to Dr. Forrester, one of the magistrates for the county of Derby. I attended and took the Deposition of Garside on the 7th April. Before he gave the account neither promise, inducement or threat was held out to him nor was there anything said about his being a witness. Dr. Forrester said nothing to him. I have the statement here. He did not sign it. When I had taken part of it, he wished me to read it over, and twice he wished me to interline it with some particulars which he had forgotten. He then said he had a great deal more to say, and he would be much obliged if we would let him have pen ink and paper and he would let us have it. He was accordingly supplied. Mr. Dunn: Was he told by Dr. Forrester that what he stated could be used against him? Mr. Wiston: Dr. Forrester was afterwards with him on one other occasion. He was not told that what he stated would be used against him. There was nothing said about the reward. I cannot say what his intentions or views were in making the statement. No intimation was given to him that he would be admitted King’s evidence. The prisoner said something about a free pardon, not for the murder but for the offence of which he had been convicted; and I told him I could not give him any information on the subject. This was before he made the statement. Mr. Hill. Thank you Mr. Wiston. You may be seated. Now I wish to call John Sims. (Mr. Sim comes forward and is sworn in.) Could you tell the court your connection with this case, please? Mr. Sim: I am governor of the county gaol of Derby. The prisoner sent to me and said he wished to communicate about a murder of three of four years back. I asked who it was that had been murdered and he said it was Mr. Ashton; but he would not say any more without a visiting magistrate were present. Mr. Lockett was not at home; I went then to Dr. Forrester’s and he sent for his clerk and told me he would come up to the prison. Mr. Dunn: And what did you promise him? Mr. Sim: Dr Forrester saw Garside in my presence when Mr. Wiston was not there. Dr. Forrester did not promise him any pardon. Garside asked if he could get his pardon on the 18 months, and Dr. Forrester told him he could not do anything to get him his pardon in any way whatever. He told me I might take him off the mill, and separate him from other prisoners to prevent them ill-treating him. We said neither of us could make any promise till we had seen the Hue and Cry. It was read to him, and Dr. Forrester then said, “If you was the man who fired the shot there can be no pardon for you.” The deposition was not taken before the Hue and Cry was read to him. Mr. Dunn: I submit that Mr. Joseph Garside’s statement cannot be given in evidence. As in the case of King v Hall, 2d Leach, page 359, that a confession given under view of receiving a pardon could not be evidence. Judge Baron Park: That must be where a magistrate had held out some hope to him. Mr. Dunn: The prisoner here had a reasonable hope of pardon, founded on the king’s proclamation. His view was evidently to turn king’s evidence. Judge Parke: No doubt that was his view; but nobody held out any hope to him that he would be allowed to do so. Mr. Hill So far from that, my lord he was told that it was not likely that he would be admitted. Judge: I will take a recess and resume the court this afternoon at 2 p.m. after which time I will have been able to look at the case sited and come to a decision.
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