Crown Court - Love Thy Neighbour (1973) - video Dailymotion

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Crown Court - Love Thy Neighbour. Brothers Martin and Gerald Thornton are accused of attempted murder and Grievous Bodily Harm against their neighbour, Alexander Reed. Watch out for an appearance by a young Warren Clarke!

Transcript

00:00:00Martin Thornton and his younger brother Gerald live with their mother next door to the house

00:00:10of Alexander Reid on a large council estate. For some time there's been a history of petty

00:00:16squabbles between the two families culminating on the night of Friday December the 15th in

00:00:21an argument following which Reid was found seriously injured with shotgun wounds. The

00:00:27Thornton brothers stand charged with his attempted murder and causing grievous bodily harm. Medical

00:00:33evidence has been brought to show that it is unlikely that Reid semi-paralyzed as a

00:00:37result of his injuries will ever recover his power of speech. Reid's employee and

00:00:43lodger William Johnson is now being examined by Miss Tate prosecuting counsel.

00:00:57Reid's brother's been looking after the work for him. But you're still driving one of the

00:01:05lorries? Aye. Now are there or were there any other employees? No. No one to keep the books and look

00:01:13after the accounts? No he did all that himself he had a very good head for figures. Now will you tell

00:01:18us what happened on the night of the assault that is the night of December the 15th? Well we was

00:01:22going out for a few jars like. Jars? Have a few drinks. Where did you go? Jimmy Foreshaws. Jimmy

00:01:30Foreshaws? Aye the grapes. Jimmy Foreshaws. Well that's whose pub it is. At least it used to be. He's

00:01:36dead now. It's his daughter Mary has it but everybody calls it Jimmy Foreshaws. Mr. Jackson I realize that

00:01:42you are doing your best to give us a full account of the events of the night of December the 15th but

00:01:47would it not be possible for you to be a little more concise in your replies to counsel? Concise?

00:01:53Brief Mr. Johnson. Brief. So you went to the Grapes public house at what time was that?

00:02:00Er it would be about eight o'clock to half past. Did you go to any other public houses that night?

00:02:06No just Jimmy. Just the Grapes. Now you stayed in Jimmy in the Grapes all evening until what time?

00:02:14Er just before the towels went up. Miss Tate? Before closing time my lord. Why was that?

00:02:20Well we had a barney with that lot. The defendants Gerald and Martin Thornton. Aye. Now can we come to that in a moment? You say that you went to the Grapes with Reed. Now was anyone else with you?

00:02:32No not then. Did you arrange to meet anyone? Not really. But someone was with you in the public

00:02:37house? Oh we met Madge there. Madge Gorman. But it wasn't exactly arranged. What exactly was it then?

00:02:45Well it's more sort of expected than arranged. We usually had a drink together and it was Friday night.

00:02:49As a matter of fact Madge told us it was her birthday but she could have been kidding us on.

00:02:53Were the Thorntons in the public house when you arrived?

00:02:57I don't know. I think you can do better than that Mr Johnson. Were the Thornton brothers in the public

00:03:03house when you arrived or not? I don't know. Mr Johnson I must remind you that you are on oath and this court

00:03:11may take a dim view of any prevarication on your part. Pre-er? Prevarication. Could you break that down

00:03:19for me sir? Evading answering. Hedging. Dodging the questions. My lord. Mr Johnson. There has been a

00:03:27singular lack of cooperation in the way in which you have been giving your evidence. And I must warn you

00:03:33that unless you answer the questions frankly I shall have to consider whether I should use my powers to

00:03:38deal with you for contempt. Now do you understand that? Sir. Very well. Were the Thorntons in the

00:03:45public house known as the Grapes when you arrived or not? Well I don't know sir. I have warned you

00:03:52Johnson. If it please your lordship. I think I may be able to explain. Now why do you say you don't know?

00:04:00Well it's the pub. Go on. Well it's one of them old-fashioned beer houses like you know all that sort of

00:04:06carved plaster work and solid wood. Mahogany. Not the sort of stuff you get nowadays. Well you can't really tell

00:04:12who's in there and who isn't. Why is that? We're so separate. You know cubicles with high backs like.

00:04:18Well anybody could be sitting there all night and you might never notice them. So when did you first

00:04:23notice Martin and Gerald Thornton in the bar? Well when it was my turn to push the boat out.

00:04:27When it was your round? I'm most obliged Miss Tate. All right. Well I was up at the bar getting them in

00:04:34and Jerry was there. Gerald Thornton. Aye. Did he say anything to you? No he just nodded. We weren't

00:04:41speaking to each other on account of the things that had happened. What sort of things? Oh it wasn't

00:04:45between me and them. It was Sunday. Alexander Reed. Aye. Aye they'd been rowing long before I knew them.

00:04:52Sometimes they was talking. Sometimes they wasn't. And on this particular night they weren't talking?

00:04:57Well not at first. Then Martin sent a drink across for Madge's birthday. He knew Mrs. Gorman?

00:05:02Yes. Did he send a drink just for Mrs. Gorman? No he sent a whole round and then they came over and

00:05:08sat with us. Who did? Well Martin and Jerry and their old lady. Their mother Mrs. Thornton? Yes. I see.

00:05:15So you were all sitting happily in the same cubicle drinking together and then what happened? Well they

00:05:20started a row over something. Who did? Well Sandy Reed and Jerry and Martin. And what were they

00:05:24rowing about? I don't know but Martin and Jerry got up and took their old lady back to the other

00:05:30cubicle. So you heard nothing of the argument? Only what they said when they left. And what

00:05:35was that? Well Martin said we'll finish you Sandy Reed. Only it was a bit stronger than

00:05:41that. You need not be embarrassed about telling us precisely what he did say. Well he said

00:05:46we'll effing finish you. And that was all? You've absolutely no idea what it meant or what

00:05:53the argument was about? No there was always bad blood between them. Did Alexander Reed tell you

00:05:57what the argument was about? No he just said let's get out of here. I can't stand the smell

00:06:01or something like that. Nothing else? Well he said bloody papists. So it was an argument

00:06:08about religion then? No. Well I mean to say it was just something to say. Martin would be

00:06:15just as likely to call Sandy a Protestant bastard. Well you've got to say something haven't you?

00:06:19Perhaps. Now are you sure you heard nothing of this argument? No. Well I was just working

00:06:26for Sandy. I didn't know anything about what was going on between them. I didn't want to

00:06:31know. I see. Now what happened next? Did you leave the public house? Well Sandy and Madge

00:06:36did. I went across to the gents. It was just about closing time anyway. And were the Thorntons

00:06:41still there? No they must have been leaving because their table was empty. And I saw Jerry waiting

00:06:46outside the ladies. Must have been for his ma. Did he say anything? He said you want to

00:06:52watch your step two you effing grass. And have you any idea what that was all about? No.

00:06:58So then you returned to Cromwell Crescent. Now did you for any reason try to enter the Thornton

00:07:04house or garden at number seven? No ma'am. You didn't perhaps take a short cut across the

00:07:10garden? No we went straight into Sandy's. Were there any signs that the Thorntons were

00:07:15home yet? No lights on. So if they did leave the public house at the same time as you then

00:07:21for some reason they'd not gone straight home? Well Lord. At all events you formed the impression

00:07:25they'd not gone straight home. That's right. Now what did you do when you got inside Reed's

00:07:30house? We just sat around talking watching the telly. Did you carry on drinking? Oh we

00:07:35had another drink poured out. How much drink had you had that evening? Not much. Were you

00:07:41in fact drunk when you left the public house or perhaps later at Reed's house? No not drunk.

00:07:46A little perhaps um little merry? I don't think I call it merry. We weren't in that sort of

00:07:52mood. Right. Well can you tell the jury what happened next? Well after about half an hour

00:07:57the bell rang and Sandy went to answer it. Did you know who was at the door? No but we

00:08:02heard shouting. I went to the window. It was Martin Thornton. He was trying to get Sandy

00:08:07to come out the front pulling at him. What did you do? Well I went through the kitchen

00:08:11and out the back door. Now Reed you say was in the hallway and Thornton was more or less

00:08:16on the doorstep outside. Now did you have to go through that hallway in order to get to

00:08:21the back door? No it's one of them what they call open plan. The front room and the kitchen

00:08:25have this sliding partition in between. Why didn't you go to the front door? I don't know.

00:08:31I just went through the back door and round. I think now. There must have been some reason.

00:08:39No I don't know. Well the front hall's very small and narrow. So you thought that if there

00:08:45were going to be a fight of some sort you might as well conduct it in the open? I suppose

00:08:49so. You can't really think when these things are happening. So you went around the house

00:08:54to the front rather than go straight to where Reed and Thornton were arguing. Or were they

00:08:59fighting by now? Takes two to fight. Would you answer the question Mr. Johnson? Well Sandy

00:09:04wasn't doing anything. Martin was still trying to pull him out and Sandy was holding back.

00:09:09Carry on please. Well as I got round the corner of the house I saw Jerry Thornton over on their

00:09:14side. He had something in his hand. I thought it must have been a spade or a pick handle or

00:09:20something. Well it was very dark round the back and the lamps weren't working. The street lamps

00:09:23in front? They don't last ten minutes without the kids smashing them up. And what happened

00:09:28then? Well Jerry climbed over the fence at the side and started sneaking up the path

00:09:33to the front. I just slid up on the quiet after him and looked round the corner. And

00:09:38what did you see? Well Jerry was holding this shotgun. Now you're quite sure of that. You've

00:09:44just said it was dark. I was a lot nearer now though wasn't I? And the light was on in the

00:09:48hall shining through the front door. Now was Gerald Thornton just holding the gun or was

00:09:53he pointing it? Oh he was pointing it. He was aiming it at Sandy from about five or six

00:09:58foot away. What was Martin Thornton doing at this time? He was still trying to pull

00:10:03Sandy out. I see. But Gerald Thornton was pointing the gun at Reed. He wouldn't have

00:10:09been pointing it at his own brother would he? And then? Well Jerry was saying stop the blathering

00:10:15and leave hold of him Martin. Let's finish the bloody thing once and for all. Let's

00:10:19finish the bloody thing once and for all. Now those were his precise words. More or less.

00:10:27And then? Well as I slid up to the corner I tried to grab the gun. Jerry started kicking

00:10:33at me to keep off and swinging the gun barrel. And then Martin came across and put the boot

00:10:38in. He kicked you? Aye right down below. Did you fall? Aye. I was still grabbing hold of

00:10:44Jerry though and as I hit the ground he fired the gun. You were still holding on to Gerald

00:10:49Thornton at the time the gun went off? No. No definitely not. I was on the ground and

00:10:55Martin was kicking me all over my head. Then I heard the gun go off. Now there is absolutely

00:11:01no question of it going off by accident while you were struggling with the Thorntons. No.

00:11:07How could there be? Well he fired both barrels and you can't do that by accident. You heard

00:11:12both barrels fired? Aye one after the other. Then? Well they cleared off. And you made no

00:11:18attempt to follow them? No they just done me over and they had the gun hadn't they? Well

00:11:23I got up and went over to see what had happened to Sandy and by this time Madge was standing

00:11:28there screaming her head off so I took her in the kitchen and made her a cup of tea to calm

00:11:32her down. And we know that afterwards you informed the police. Aye. Thank you.

00:11:41You left Reed lying there while you made a cup of tea for Mrs. Gorman. Well I had a look

00:11:48at him. I reckoned he was dead. I don't know it. It's all very confused now. Take your time.

00:11:56Well I mean see he didn't seem to be breathing or moving or anything and there was blood all over

00:12:01him. Well there didn't seem to be anything we could have done for him and Madge was standing

00:12:06there screaming her head off. I sort of well I tried to calm her down and then I went for

00:12:10the police. Mr. Johnson according to the medical records all this happened at approximately

00:12:14midnight and yet it wasn't until after one o'clock that you notified the police. Now was there

00:12:19some reason for that delay? Well it's always the same isn't it? If you don't want to see a

00:12:24copper you fall over them and the minute you want one they're all on the tea break. I walked

00:12:28all the way to the headquarters without seeing a single squad car. You didn't think of telephoning

00:12:33the emergency services with Reed lying there shot and seriously injured? Well I didn't know

00:12:39he was alive. I thought they'd done for him. Any road have you tried finding a phone that

00:12:43works round our way? By the time you've found one you might as well have sent the carrier

00:12:47pigeon. Now why didn't you drive? Well we hadn't been using the car. I was very confused.

00:12:55Anyway the key was in Sandy's pocket. I didn't want to touch him. He was soaked in

00:13:00blood. Has it not since crossed your mind that had you shown a somewhat greater sense of

00:13:05urgency that night? Alexander Reed might not now be semi-paralysed and without his power

00:13:10of speech. Of course I've thought of it. It's hardly been a minute I haven't thought of

00:13:15it. Bastards.

00:13:30You didn't want to know what was going on between Reed and the Thorntons. Now why was

00:13:34that? With a hard man. Hard man? Do you mean they have some kind of reputation?

00:13:39Aye I'll say. For what? Forgetting the wrong way. By violent means? Aye. I see. Now Reed's

00:13:48business is I believe subcontracting for the building trade, delivery of sand and so on.

00:13:52A bit of demolition and removal too. There was never anything irregular about this work?

00:13:57No there was always plenty to do. No I don't think you quite understand me. The goods handled

00:14:03were they legitimately received and legitimately delivered? Yes. You never for example as far as

00:14:09you delivered four loads of gravel and had delivery notes signed for say six or seven? Not with

00:14:14my lorry. Now I understand you said that Reed was good with figures didn't you? He kept

00:14:20his books himself. And you'd had a good week the week before the present incident. What exactly

00:14:26did that mean? We were very flush and Sandy had given me a good bonus. For what? I don't get

00:14:33you. Was the week in question a good week because Reed with your assistance had managed to defraud

00:14:38more than the usual number of building contractors. Is that why you were celebrating? No it wasn't.

00:14:44I think you said you never met the Thorntons until you came to work for Reed. Is that right?

00:14:49Not as far as I know. Were you ever employed as a driver by a firm known as Baker Build?

00:14:54Yes. Do you happen to recall who was foreman on the particular site where you were working?

00:15:01No it was a long time ago. Could it perhaps have been Martin Thornton? I don't know I told you it was

00:15:08ages ago. Let me try to refresh your memory for you then and suggest that you have a very clear

00:15:13recollection of Martin Thornton because he was foreman for Baker Build at the time. And indeed

00:15:18it was his responsibility to dismiss you when it was discovered that you were employed in the same

00:15:23trade that employs you now. That is theft by the lorry load from building sites. No.

00:15:31Are you still saying you didn't know Martin Thornton? Well it was them two that was doing it. So you did know

00:15:39Martin Thornton? Well they were fixing up the delivery notes and all that and they got me the

00:15:43sack because I found out they were using me to do the dirty work for them. Well if that was the case

00:15:47why didn't you report the matter? You don't do that. They'd have made sure I'd never got another job.

00:15:55Mr Johnson you describe my clients as hard men. Would you describe yourself as a hard man?

00:16:00It's not the sort of thing you say about yourself. No other people would have to call you that wouldn't

00:16:04they? But you do have a reputation as a hard man don't you? My lord I do not see the relevance of

00:16:08this line of questioning. Quite Miss Tate. If you have a point to make Mr Lotterby would you make it?

00:16:13My lord the point I'm trying to make is that Johnson's employment with Reed was not simply as a

00:16:17lorry driver but as a kind of bodyguard. That was your job with Reed wasn't it Mr Johnson and that was

00:16:24why you moved into his house as his muscle man. No. Sir Johnson what was your state when you left

00:16:31the public house that evening? My state? You've been drinking rather a lot and were by your own

00:16:36admission angry were you not? I wasn't too happy if that's what you mean but I hadn't drunk much.

00:16:41You say that the Thorntons were not at home when you returned to Cromwell Crescent. Now what made

00:16:45you think that? Well like I said there were no lights on. May I suggest that the reason that you knew

00:16:50the Thorntons were not at home is that you ascertained their absence by hammering on the front door

00:16:54and that you then proceeded in your drunken and angry state together with Mrs Gorman and Mr Reed

00:16:59to indulge in a variety of somewhat childish and idiotic acts. What do you mean? What I mean is that

00:17:06for a long time now my clients have been subjected to minor nuisances committed by you or your employer

00:17:13Reed and that on the night in question you acting with Reed upended their dustbin on their front step

00:17:18pushed rubbish through their letterbox and sprayed with an aerosol various inflammatory slogans on

00:17:23their door and walls. That must have been the kids. It's always happening around there. Don't you find

00:17:28it surprising that it's only the Thorntons house that has suffered in the past from these acts of

00:17:31vandalism and that they always appear to occur only following some contretemps with yourself or Reed?

00:17:39A contra... a Barney I think you'd call it. What a good thing you're here Mr Lottaby. Indeed my lord.

00:17:46Well Mr Johnson? Look I've told you it must be the kids around there. At midnight?

00:17:51But it could have been done at any time couldn't it?

00:17:55You say Martin Thornton was trying to pull Reed from the front door into the gardener. Why do you

00:18:00think he was doing that? To get a bit more room for a swing I suppose.

00:18:03Oh isn't it more likely that he was trying to pull him out to show the damage caused to his house?

00:18:08Yes. Now why didn't you go immediately to his assistance?

00:18:12I did didn't I?

00:18:14Via the back door. Now why didn't you go straight from the sitting room to the front door?

00:18:19It wouldn't have helped.

00:18:21Oh you wanted to sneak around the back trying to creep up on Thornton is that it?

00:18:25Or was there some other reason?

00:18:28Does the kitchen door lead directly out to the garden?

00:18:31No it leads into the back hall like I said then there's a door to the garden.

00:18:37And I believe that in that back hall are a larder and a coal store. Inside the back door that is.

00:18:44Ah that's right if they wanted to knock off the coal they'd have to get through the back door first.

00:18:47Now Detective Sergeant Falls has told us that when a search was made of Reed's house

00:18:50the coal store was found to be padlocked. Now why was that?

00:18:54I don't know it's Reed's house not mine.

00:18:56Ah but you knew where the key was didn't you? It was you who opened it for the police.

00:19:01Was there something kept in the coal store? Something other than coal? Is that why it was locked?

00:19:07I don't know what you're getting at.

00:19:09What I'm getting at is that the reason you crept out of the back door is that you wanted to collect a weapon on the way.

00:19:15And that weapon, the shotgun that injured Reed was kept in that coal store which is the reason why it was locked.

00:19:21That's a lot of balls.

00:19:23You had the shotgun didn't you?

00:19:26And Gerald Thornton far from having the weapon himself crossed the fence and tried to take it from you.

00:19:30And then in the struggle you.

00:19:32You fired that shotgun and accidentally injured your employer beyond all hope of recovery.

00:19:37That's a lot of lies.

00:19:39No Mr Johnson it's you that's telling the lies.

00:19:42Now why after shooting Reed did you not go directly for help?

00:19:46I didn't shoot him.

00:19:47After he was shot.

00:19:48I told you Madge was standing there screaming her head off and I had a look at him.

00:19:52I thought he was dead.

00:19:55I swear to God I thought he was dead.

00:19:57Had Mrs Gorman seen any of these events?

00:20:00No the sitting room door was closed till I went in and told her.

00:20:03In fact she asked me what's happened.

00:20:06What did you say?

00:20:07Well I said I think Sandy's dead.

00:20:11You used those exact words?

00:20:12You didn't say who had shot him?

00:20:13Well I don't know.

00:20:15When these sort of things happen you can't remember exactly what you said.

00:20:19You mean when you've had a lot to drink.

00:20:21Is that also why you took such a long time going to the police?

00:20:23I've told you I tried to settle Madge down then I couldn't find a squad car and ended up walking.

00:20:28You didn't go anywhere else first?

00:20:30No.

00:20:31You are aware that despite a thorough search no evidence of a gun was found on the premises of these two men you are accusing of attempted murder?

00:20:38Well they could have got rid of it couldn't they?

00:20:40Oh then but so could you.

00:20:42I put it to you that the first thing in your mind having disposed of the weapon was not going to the authorities

00:20:47but making sure that you got your version of the events to Reed's brothers first.

00:20:52Men with an even greater reputation as hard men than yourself.

00:20:56I don't know what you're talking about.

00:20:58Jerry Thornton tried to shoot Sandy Reed and I tried to stop him that's what.

00:21:02They've been telling you a pack of lies.

00:21:04Yes.

00:21:10There is one other matter my lord.

00:21:12I believe you said that Gerald Thornton called you an effing grass.

00:21:17You had no idea what he meant.

00:21:19No.

00:21:21You didn't know what the word grass means?

00:21:24No.

00:21:24I take it then you have no um you no idea the sort of language used by the criminal element?

00:21:33No.

00:21:36You are William Anthony Johnson are you not?

00:21:39Aye.

00:21:39Were you not in 1968 convicted of assault with an offensive weapon?

00:21:46A knife?

00:21:49And served a sentence of six months for that offence

00:21:52following which you were immediately convicted of housebreaking early in 1969.

00:21:58Is that not so Mr Johnson?

00:22:01Yes.

00:22:02And have you not since that date been convicted of some five further criminal offences

00:22:06three of which have involved you in jail sentences?

00:22:10Yes.

00:22:11And so having spent the major part of the last five years in and out of jail

00:22:15you expect us to believe that you did not know what the word grass means?

00:22:21I didn't know what grass was. I thought it meant pot.

00:22:29No further questions.

00:22:33Miss Tate do you wish to re-examine?

00:22:36Um thank you no my lord.

00:22:38Very well you may leave the witness box Mr Johnson.

00:22:46My lord I'm afraid my final witness Mrs Madge Gorman does not appear to be present in the witness room.

00:22:51We have been making inquiries and apparently she has been traced

00:22:54but it will be some little time before she arrives.

00:22:57I wonder therefore if you will consider this a suitable time at which to adjourn.

00:23:02I don't see that we have any alternative Miss Tate.

00:23:05Very well.

00:23:06I shall adjourn the court until 10.30pm.

00:23:08Bye.

00:23:21Bye.

00:23:21The case of the Queen versus Thornton and Thornton

00:23:40will be resumed tomorrow in the Crown Court.

00:23:51The trial of Martin and Gerald Thornton,

00:24:08accused of the attempted murder of their next-door neighbour, Alexander Reid,

00:24:13was adjourned yesterday when an important prosecution witness,

00:24:17Mrs Madge Gorman, failed to appear in court.

00:24:21Earlier, the court had heard from William Johnson, Reid's employee and lodger,

00:24:26how an argument in a public house had led to Reid's being shot by Gerald Thornton

00:24:32and so seriously wounded that he is semi-paralysed and has lost his power of speech.

00:24:39Mr Lotterby, counsel for the Thornton brothers, has alleged in cross-examination

00:24:43that it was in fact Johnson who threatened the Thorntons with a shotgun

00:24:47and, in the ensuing struggle, accidentally shot Alexander Reid.

00:24:52Mrs Madge Gorman.

00:24:53Madge Gorman has now been traced by the police and brought to court.

00:24:57What is your religion?

00:25:24Reverend Catholic.

00:25:26Take the book in your right hand and read aloud the words on the card.

00:25:30I swear by Almighty God that the evidence I shall give shall be the truth,

00:25:34the whole truth, and nothing but the truth.

00:25:37You're Mrs Madge Gorman of 25 Station Road, Fulchester.

00:25:40Yeah.

00:25:41And what is your date of birth, Mrs Gorman?

00:25:43The date and month will suffice.

00:25:46Your birthday, that is.

00:25:48December the 15th.

00:25:49One moment, Miss Date.

00:25:51Mrs Gorman.

00:25:53Mrs Gorman.

00:25:55I should like to know why you were not present in court yesterday when you were called.

00:26:00I forgot, sir.

00:26:01You forgot?

00:26:04Mrs Gorman.

00:26:06Would that injury to your face have anything to do with it?

00:26:08Well, yes.

00:26:10Mrs Gorman, has that injury anything to do with this case?

00:26:14No.

00:26:15You're sure, Mrs Gorman?

00:26:16Yeah.

00:26:17Very well.

00:26:18Then I must tell you that I take an extremely dim view of your absence yesterday.

00:26:23And I shall have to consider whether I ought to punish you.

00:26:27Do you fully understand that?

00:26:28Yes, sir.

00:26:29Very well.

00:26:31You may continue, Miss Date.

00:26:34You said, Mrs Gorman, that your birthday was December the 15th.

00:26:37That is the night that Alexander Reed was assaulted.

00:26:40That's correct, isn't it?

00:26:41Yes, miss.

00:26:42Now, can you tell the court in your own words just what happened on that night?

00:26:46We were going to have a drink together.

00:26:49Who was?

00:26:50Me and Sandy.

00:26:52Sandy Reed.

00:26:53And Willie Johnson.

00:26:54To celebrate your birthday, I presume.

00:26:56Yeah, but we usually had a drink of a Friday anyway.

00:26:59Go on.

00:27:00Well, I went to Jimmy Foreshore's.

00:27:03To the Grapes public house.

00:27:06Yeah, the Grapes.

00:27:07I got there about half eight.

00:27:09And were Reed and Johnson already there?

00:27:11Yeah.

00:27:11So you joined them for a drink?

00:27:13Was anyone with you?

00:27:15Not them.

00:27:16Just the three of us.

00:27:17Then Willie saw Jerry Thornton at the bar and he came over to join us.

00:27:20I take it that you already knew Gerald Thornton.

00:27:23Yes.

00:27:24How long had you known him for long?

00:27:26It's hard to say.

00:27:27How long?

00:27:29Well, you knew him for a matter of months, perhaps, or longer.

00:27:34Longer.

00:27:35Three or four years, I suppose.

00:27:37And his brother Martin.

00:27:38Did you know him before that evening?

00:27:40Yes, miss.

00:27:41So you were...

00:27:42The Thornton brothers were old friends of yours, in fact.

00:27:45Yeah.

00:27:46Do you see them in court today?

00:27:48Yes, miss.

00:27:48Would you point them out, please?

00:27:51Them two in the dock.

00:27:53And which one is Martin Thornton?

00:27:55On the left.

00:27:57Now, could you see the Thornton brothers from where you were sitting in the pub?

00:28:01No, miss.

00:28:01I was on the inside of the cubicle.

00:28:03Willie told me they were over there.

00:28:05Johnson could see them then.

00:28:07And was there anyone else with them?

00:28:09Their ma was.

00:28:10What happened then?

00:28:12Martin sent a drink across.

00:28:14Just for you, or for Reed and Johnson as well.

00:28:16For all of us.

00:28:17Me and the lads.

00:28:19Why do you think he did that?

00:28:22Because...

00:28:22Because it was my birthday, I think.

00:28:24And how did he know that?

00:28:26Had you told him?

00:28:27I can't remember.

00:28:29Do you mean that Martin Thornton knew already that it was your birthday?

00:28:32Is that it?

00:28:33Could he have known?

00:28:34We could have.

00:28:35How?

00:28:36I've known him for a long time.

00:28:37Longer than you've known Alexander Reed.

00:28:41Yeah.

00:28:41Did you meet Reed through the Thorntons?

00:28:43Did they introduce you?

00:28:45No.

00:28:45I mean, they didn't introduce me.

00:28:48I just sort of got to know him through him living next door to Gerry and Martin.

00:28:52I see.

00:28:52You're a regular visitor at the Thorntons' house.

00:28:54I used to be.

00:28:55Used to be?

00:28:57We fell out.

00:28:58I see.

00:29:00They do seem to find it very difficult to maintain good relationships, don't they?

00:29:04Now, what happened then after Martin Thornton had sent a drink across for you?

00:29:08After a bit, they came over and sat down.

00:29:11Now, were they sociable or was there anything about their attitude that struck you as odd?

00:29:15Depends what you mean.

00:29:17Nothing was ever normal between Sandy and them.

00:29:20Anyway, we got up to have a game of darts as soon as they came over.

00:29:23Who did?

00:29:24Me and Willie.

00:29:25And their ma got up too.

00:29:27You asked her to play with you?

00:29:28No, she just sort of assumed.

00:29:31I suppose that was funny because normally speaking she can't stand my guts.

00:29:35She can't stand your guts?

00:29:36Why is that, do you think?

00:29:37I don't know.

00:29:38I suppose it's one of those things.

00:29:39You take a dislike and that's that.

00:29:41It was no skin off me as far as I was concerned.

00:29:44So the three of you got up to play darts,

00:29:46leaving Gerald and Martin Thornton sitting at the same table with Alexander Reid.

00:29:51Isn't it a little difficult for three people to play darts?

00:29:54Oh, we got another fella to make up the four.

00:29:56He was over at the board.

00:29:57And how far is the dart board from the cubital where the others were still sitting?

00:30:01The other end of the bar.

00:30:02Could you see or hear anything of what was happening at that table?

00:30:05No, it was pretty busy and there was a lot of people in the way.

00:30:08Any road, I was concentrating on the game.

00:30:10You're a keen darts player, I take it.

00:30:12I play for the women's team and the mixed.

00:30:14Now, how long did it take, this game of darts?

00:30:18I don't know.

00:30:19The usual time, about ten minutes, I suppose.

00:30:22Did you notice anything unusual when you returned?

00:30:25They seemed to have been having a row.

00:30:28When Mrs Thornton went to sit down,

00:30:30Gerry picked her drink up and passed a remark.

00:30:32What remark?

00:30:33I don't remember.

00:30:34Now, could you try?

00:30:36I think it was something about being fussy about who he drank with.

00:30:40They weren't being sociable anymore.

00:30:42No, they were daggers drawn.

00:30:43I see.

00:30:44And then?

00:30:46Sandy said, drink up and let's go.

00:30:48Did he say why he wanted to go?

00:30:50No, but he seemed to be in a bit of a temper about whatever had been said.

00:30:53And what was Johnson's condition at this time?

00:30:56He didn't seem any different.

00:30:58Both of them was in a bit of a mood anyway,

00:31:00but to put that down to the row.

00:31:01And they seemed to be in a bit of a hurry to get back, that was all.

00:31:04Now, why do you think they were in a hurry?

00:31:06I don't know.

00:31:07I presumed it was something on the telly they wanted to get back for.

00:31:11Did you go straight back to Reed's house?

00:31:13Yeah, we watched the telly.

00:31:15Without visiting or in any way entering the Thorntons' house on the way?

00:31:19We went straight back.

00:31:21Now, did you happen to notice whether the Thorntons were back as you passed or not?

00:31:25No, we were coming from the other way.

00:31:27We just went straight in and watched telly and had another drink.

00:31:31For how long?

00:31:32About half an hour.

00:31:34Then Martin started banging on the door.

00:31:36Now, how did you know it was Martin Thornton?

00:31:38I looked out of the window after Sandy got up to answer the door.

00:31:41What made you do that?

00:31:42I heard voices.

00:31:43Shouting?

00:31:44Not really.

00:31:45Just a bit loud, getting at each other.

00:31:48What about?

00:31:48I couldn't say I didn't stay at the window.

00:31:51Now, what was your condition at the time, Mrs Gorman?

00:31:54Were you the worst for drink?

00:31:56No, we hadn't drunk that much.

00:31:58And Reed and Johnson?

00:31:59They were sort of upset about what had happened in the pub, but they weren't drunk.

00:32:03They hadn't had much.

00:32:04And you'd no idea what the argument at the front door was about?

00:32:08No, I turned the telly up.

00:32:10They were always having rows like a bunch of daft kids.

00:32:13Was Johnson involved in these rows?

00:32:15Not really.

00:32:16We hadn't known him long enough.

00:32:19Now, what happened then?

00:32:20Willie went to the window and looked out, and then he went out the back.

00:32:26Did he say anything?

00:32:28No.

00:32:28Did he have anything with him?

00:32:30Was he carrying anything?

00:32:32No, nothing.

00:32:34And Johnson, you say, went out of the back.

00:32:36Now, I believe the kitchen leads on to a small porch, and then a second door opens onto the garden.

00:32:42Now, did you see Johnson go through this second door?

00:32:46No.

00:32:47Then how do you know he went out of the back?

00:32:49I heard it close.

00:32:51Immediately.

00:32:53What do you mean?

00:32:54It's a perfectly simple question, Mrs. Corman.

00:32:57Did you hear the door close immediately, or was there a pause?

00:33:00No, he went straight through.

00:33:02I heard the door close.

00:33:04Now, do you have any knowledge of what happened next?

00:33:07Not right, then.

00:33:08Next thing I heard was the two shots.

00:33:10You neither heard nor saw anything of the argument?

00:33:13I was sitting down, watching the telly.

00:33:14I take it, then, that nothing in either Reed's or Johnson's behavior encouraged you to believe that this was anything more than a routine altercation?

00:33:23No.

00:33:24How long did the row continue?

00:33:26Not long.

00:33:27The shots were nearly straight away.

00:33:29Did the two shots come together, or was there some time between?

00:33:32More or less one after the other.

00:33:34How did you react to this?

00:33:36I was dead scared.

00:33:37I started screaming.

00:33:38Before you knew what was happening?

00:33:40Yeah.

00:33:41Well, I don't know.

00:33:42Willie opened the door, and I could see Sandy lying in the hall, all covered in blood.

00:33:48I think I was screaming already.

00:33:50I don't know.

00:33:53What did Johnson say?

00:33:55He said, I think Sam's dead.

00:33:58Did he examine Reed?

00:34:00I don't know.

00:34:01He could have.

00:34:02I was in no state of notice.

00:34:04Did you do anything about Reed?

00:34:05How could I?

00:34:06Did Johnson do anything?

00:34:08He was as scared as I was.

00:34:10He didn't seem to want to go near him.

00:34:12He made me some tea, and then he went to get the police.

00:34:15Leaving you alone in the house with the injured Reed?

00:34:17Yeah.

00:34:17Did you stay there?

00:34:19No, I couldn't stand it.

00:34:21I went out the back and over to the Thorntons.

00:34:23That strikes me as rather an odd thing to do.

00:34:26I didn't want to stay in the house with Sandy lying there like that.

00:34:29It was the only place.

00:34:31I don't live round that way.

00:34:34Who let you in at the Thorntons' house?

00:34:36Ma Thornton.

00:34:37She gave me some whiskey.

00:34:39Mrs Thornton was still up and about?

00:34:41Only for a bit.

00:34:43She was shook too, and she went to bed.

00:34:45She was in a worse state than I was.

00:34:46Were Gerald and Martin Thornton in at the time?

00:34:50I think they were in the kitchen talking.

00:34:52But you didn't see them?

00:34:53No.

00:34:54I heard voices, though.

00:34:55And where were you at this time?

00:34:57I was in the bedroom with their ma.

00:34:59What happened then?

00:35:02Then the police came and started asking us all questions.

00:35:06Then they started to search the house looking for the gun.

00:35:08And then something happened, and they had to go outside.

00:35:15And...

00:35:15Go on.

00:35:20Jerry came in and put his hand under the mattress on his ma's bed and...

00:35:25Now take your time, Mrs Gorman.

00:35:30He had a gun.

00:35:32He'd hidden it under the mattress.

00:35:35What did he do with it?

00:35:37He put it in the wardrobe where the police had already looked.

00:35:41Then the police came back in.

00:35:42They'd been looking around outside, I think.

00:35:45They came back, and Ma said they might as well search her bed as well.

00:35:49How did she say that?

00:35:52What was her manner?

00:35:54It was like...

00:35:55You've caused enough trouble, you might as well go the whole hog.

00:35:59She was taunting the police, you'd say?

00:36:01Yeah.

00:36:02So the police searched her bed and found nothing...

00:36:05because the gun had meanwhile been removed to the wardrobe.

00:36:07That's correct.

00:36:08Yeah.

00:36:09Now, did you have any idea what happened to that gun?

00:36:12No, I didn't want to know.

00:36:14I can quite believe that, Mrs Gorman.

00:36:16Thank you very much.

00:36:19Mrs Gorman, you say there was nothing unusual in Reed and the Thorntons

00:36:28airing their grievances in public on the front doorstep?

00:36:32No.

00:36:33Did Johnson join in these arguments?

00:36:35When he was there, yes.

00:36:37Did they ever end in violence?

00:36:39Once or twice.

00:36:40They might push each other about a bit or have a swing,

00:36:43but it was usually just hot air.

00:36:45So you had no reason to believe that Alexander Reed was being threatened

00:36:49in any way when Martin Thornton came to the door?

00:36:51No.

00:36:52Didn't you find it odd then that Johnson should sneak out of the back

00:36:56instead of going to the front and joining in the argument?

00:36:59I didn't think about it.

00:37:00No, you sat down and watched the telly.

00:37:04In fact, you turned the telly up, didn't you?

00:37:06Very loud.

00:37:08Yeah.

00:37:08Loud enough to drown their voices.

00:37:10Voices that were arguing a few yards away.

00:37:12Yeah.

00:37:13I hear despite all this noise,

00:37:16Reed and Thornton arguing in the front hall,

00:37:18the telly going full blast in the sitting room,

00:37:20you say you heard Johnson close the back door.

00:37:23Yeah.

00:37:24So Johnson, sneaking quietly out of the back

00:37:28in order to slide round to the front,

00:37:31to use his own word,

00:37:32to surprise Thornton,

00:37:34slams the back door so hard

00:37:36that you hear its noise above all else that is going on.

00:37:38Yes, I heard him close the back door.

00:37:41Are there any other doors in the back hall?

00:37:43Yeah.

00:37:44The larder door and the coal store.

00:37:46Could it have been one of those doors you heard slammed?

00:37:49The coal store, for instance.

00:37:51What would he want to do that for?

00:37:52Well, perhaps you can answer that question yourself,

00:37:55Mrs. Gorman.

00:37:58Well, quite understandably,

00:38:00you didn't want to remain in the same house

00:38:01with what you thought was a dead man.

00:38:03So, after Johnson left, you went to the Thorntons.

00:38:06Now, what time was that?

00:38:08Just after midnight.

00:38:09And you went across to the Thorntons.

00:38:13You believed that Reed had been murdered,

00:38:16and with that thought in your mind,

00:38:18you went for solace to the house of my two clients

00:38:21who you were now telling us you believed were his murderers.

00:38:24I didn't believe that.

00:38:26I didn't think that way.

00:38:28So, at that time,

00:38:29you didn't believe the Thorntons had done the shooting.

00:38:31Just when did you decide that, then?

00:38:33When did you change your story, Mrs. Gorman?

00:38:34I didn't mean that.

00:38:36I mean,

00:38:37I thought it had been an accident.

00:38:40Who let you into the Thornton house?

00:38:42Mrs. Thornton, like I said.

00:38:46Are you sure of that?

00:38:48You were in a very confused state, were you not?

00:38:51It was Mrs. Thornton.

00:38:52When did she go to bed?

00:38:53Straight away.

00:38:54Are you sure she wasn't in bed already?

00:38:57Wasn't it Gerald Thornton who let you in?

00:38:59She let me in.

00:39:00I see.

00:39:01And what happened then?

00:39:03I went straight into her bedroom to sit with her.

00:39:05She said she didn't feel well.

00:39:07How long were you in the Thorntons house before the police arrived?

00:39:10About three quarters of an hour.

00:39:13Long enough for Martin and Gerald Thornton

00:39:15to have disposed of any possible weapon

00:39:17somewhere other than in their mother's bed,

00:39:19wouldn't you say?

00:39:20I don't know what they were up to.

00:39:22I see.

00:39:23So, after three quarters of an hour,

00:39:25the police arrived.

00:39:27Didn't it surprise you that they should take so long?

00:39:29It doesn't surprise me at all.

00:39:31Really?

00:39:33And they searched the house finding nothing?

00:39:35They found some stuff for cleaning a gun.

00:39:36But they found no gun?

00:39:38No.

00:39:38And why do you suppose that was?

00:39:40I've already said.

00:39:41Because they swapped it from the bed to the wardrobe

00:39:43while the police were outside the room.

00:39:45And you claim you saw this and didn't tell the police about it?

00:39:48Now, wouldn't it have been the simplest thing

00:39:50to tell the police there and then about the gun in the wardrobe?

00:39:53I was scared.

00:39:55But a minute ago you said you went to the Thorntons for comfort.

00:39:59Now, you say you felt scared.

00:40:00I was scared.

00:40:02Once I saw the gun.

00:40:04But you'd heard a gun.

00:40:05You knew there was a gun somewhere.

00:40:06You say you believe the Thorntons had fired the gun.

00:40:09So why were you scared?

00:40:11Why didn't you tell the police there and then?

00:40:13I don't know.

00:40:15You don't do things normal when it's like that.

00:40:18Oh, I can quite see that, Mrs. Gorman.

00:40:20But I suggest to you that the reason you didn't tell the police

00:40:22about the gun in the Thorntons' house

00:40:24is that there was no gun there.

00:40:25Yes, there was.

00:40:26I saw it.

00:40:28In the house were you gone for comfort and protection?

00:40:32Protection from the man who'd really fired that gun, William Johnson?

00:40:34No.

00:40:35I saw the gun in Martin's house.

00:40:38Mrs. Gorman,

00:40:39Alexander Reid was a close friend of yours, wasn't he?

00:40:42Yeah.

00:40:43How close?

00:40:44I don't get your meaning.

00:40:46Oh, come on, Mrs. Gorman, there's no need to pretend.

00:40:49Was your relationship with Reid sexual?

00:40:54I don't see what was wrong.

00:40:57His wife's left him and my old man took off years ago.

00:40:59I take it your answer is yes.

00:41:01Yeah.

00:41:02Now, Martin Thornton, he knew of the date of your birthday, did he not?

00:41:06How did he come to know that?

00:41:08Were you also involved with him at some time?

00:41:11Yeah.

00:41:12How did that relationship end?

00:41:15It started getting a bit rough and I finished it.

00:41:17Now, isn't it the case that Martin Thornton finished it?

00:41:20And that it was through your continual calling at his house

00:41:23and trying to gain admittance that you met Reid in the first place?

00:41:26No!

00:41:26It's him who's been pestering me.

00:41:28I didn't want to have anything to do with him anymore.

00:41:31Oh, why was that?

00:41:31I told you he got rough.

00:41:33And he couldn't do a thing without his mother having her say.

00:41:35He wouldn't blow his nose if she said he couldn't.

00:41:38You'd be glad to see him out of the way then, would you?

00:41:40I didn't say that.

00:41:41Is that why you changed your story about the gun?

00:41:42Out of malicious spite against Martin Thornton?

00:41:45Helped, perhaps, by a little persuasion from another party.

00:41:47My lord, I...

00:41:48I withdraw that, my lord.

00:41:50You never saw any gun in their house, did you?

00:41:52I did!

00:41:53I've been telling you the truth.

00:41:54It's them that's lying.

00:41:55Mrs. Gorman, have you spoken to William Johnson recently?

00:42:04No.

00:42:06No more questions.

00:42:09No further questions, my lord, and I have no further witnesses.

00:42:13Very well.

00:42:14You may leave the witness box, Mrs. Gorman.

00:42:16I call Martin Thornton.

00:42:21What is your religion?

00:42:36A Roman Catholic.

00:42:37Take the book in your right hand and read aloud the words on the card.

00:42:39I swear by almighty God that the evidence I shall give shall be the truth, the whole truth,

00:42:45and nothing but the truth.

00:42:47What is your full name?

00:42:49Martin Alfred Thornton.

00:42:51And where do you live?

00:42:52Seven Cromwell Crescent Fullchester.

00:42:55Mr. Thornton, you've heard it suggested that while Johnson and Mrs. Gorman and your mother

00:42:58were playing darts in the Grapes public house, you and your brother, Gerald, were having

00:43:02some kind of argument with Reed.

00:43:03Now, is that true?

00:43:05Yes, sir.

00:43:05We did have words.

00:43:06Now, how did it start?

00:43:08Well, we went across to Reed's table after I realized that it was Mrs. Gorman's birthday,

00:43:14and I bought them all a drink.

00:43:16So, at that point, you were on good terms with Reed?

00:43:19Well, I'd say things were about normal, sir.

00:43:22What was normal between you and Reed?

00:43:25Normally, we didn't have much time for each other.

00:43:26He'd done us a couple of bad turns in the past, sir, and he was a bit funny about religion.

00:43:33Sometimes you'd think we had three heads the way he'd behave.

00:43:36Well, where would he behave?

00:43:39All these slogans on the walls, sir.

00:43:43Did you see him doing it?

00:43:44Well, no, but it was obvious, sir.

00:43:47He'd have a bit of a row with them one night, and the following day,

00:43:49the house would look like the front page of a Sunday newspaper.

00:43:52So, you say you sat down with Reed because he wanted to buy a drink for Mrs. Gorman's birthday,

00:43:56and that an argument started while the others were away playing darts.

00:44:00Is that right?

00:44:01Yes.

00:44:01How did this...

00:44:02What did this argument concern?

00:44:05Well, Reed and Johnson were collecting betting slips from the men working on the construction site.

00:44:11Yes.

00:44:11And my brother, Jerry, had a big win, but Reed refused to pay out.

00:44:17He said he hadn't been able to get to the betting shop that day and offered us the slips back with the stake money that we'd laid.

00:44:24Then we discovered that he hadn't been going to the betting shop at all, that he had been keeping the book himself.

00:44:29Well, that really wouldn't have mattered very much, sir, if he'd paid out right,

00:44:33but when it came to the big win, he couldn't pay out or didn't want to.

00:44:37I see.

00:44:38Well, it's just the idea, the thing.

00:44:40So, when you got a big win, you know, he tried to cheat you out of it all.

00:44:43Now, you've heard the evidence of William Johnson.

00:44:45Did you threaten Reed in any way in the public house?

00:44:48Well, I said he'd better pay up or else.

00:44:53Or else?

00:44:55Or else what, Mr Thornton?

00:44:57Or else I'd tell the other chaps what he was up to.

00:45:00Had they lost too?

00:45:01No, sir, but they wouldn't have liked it, and he'd need a lot of friends in his business.

00:45:06Did you threaten any physical violence?

00:45:10No, sir, just to drop a minute.

00:45:13Did the idea of using physical violence cross your mind on that occasion?

00:45:17No, not at all, sir.

00:45:18But there would have been no need to, because he would have been finished anyway.

00:45:21That was what you meant when you said to Reed, I'll finish you.

00:45:25Yes.

00:45:27Now, you've heard a suggestion that you and your brother were involved in a fraudulent scheme,

00:45:32load splitting, I believe it's called.

00:45:34Now, would you tell the jury what is meant by this term, load splitting?

00:45:37Well, the idea is that a lorry driver, say, brings one lorry load of sand to a building site,

00:45:43and the foreman signs notes for two lorry loads,

00:45:48and later on they get together and split the profits.

00:45:52Now, were Reed and Johnson engaged in this fraudulent activity?

00:45:55Well, not in our sight, they weren't, sir.

00:45:57They wanted me to come in on it with them, but I refused.

00:45:59What was Reed's reaction to that?

00:46:02He wasn't very happy about it.

00:46:05I see.

00:46:05So Reed was also annoyed that you refused to cooperate in his fraudulent scheme.

00:46:11Yes, sir.

00:46:13He said I'd live to regret it.

00:46:14He said I'd live to regret it.

00:46:44The case of the Queen versus Thornton and Thornton will be resumed tomorrow in the Crown Court.

00:46:55The trial of Martin and Gerald Thornton has now reached its final stages.

00:47:16Yesterday, the court heard from Mrs. Madge Gorman

00:47:18how she was present in the house of the Thorntons

00:47:21after Alexander Reed was severely wounded

00:47:23and saw them hide a shotgun in their mother's bed

00:47:26while the house was being searched by the police

00:47:28and then remove the gun to a wardrobe that had already been searched.

00:47:32The defence has alleged that Reed was in fact shot accidentally by his lodger, William Johnson.

00:47:38Martin Thornton, the elder of the two accused, is now in the witness box.

00:47:41We're good Christians in our house

00:47:57and some of those things you wouldn't want to see or hear.

00:47:59Abusive expressions and slogans?

00:48:01Yes.

00:48:02Did you know who had done this?

00:48:03Reed, sir.

00:48:04How did you know that?

00:48:05Well, it was obvious, sir.

00:48:07Who else would have done it?

00:48:09Now, what was your reaction to this vandalism?

00:48:13My mother was very upset about it

00:48:14so the first thing we did was to take her upstairs and to put her to bed.

00:48:18Then I had a bit of a row with my brother as to what to do next.

00:48:21He was all for going to the police straight away

00:48:23and telling them about the mess that they'd made.

00:48:25And what did you resolve?

00:48:28Beg your pardon, sir?

00:48:29What did you decide to do?

00:48:30Well, I wanted to go and see Reed.

00:48:34I thought if I got there straight away, he might admit to doing it.

00:48:38And then my brother said, all right, but not to get into anything with him,

00:48:41just to face him with it.

00:48:42And if he didn't own up to it, then we'd go to the police

00:48:44and tell them about the lorry business and the bets business as well.

00:48:48So I went across.

00:48:49Alone?

00:48:50Yes.

00:48:50And Reed answered the door.

00:48:52Yes, sir.

00:48:53Almost so quickly he was expecting it.

00:48:55Before I had the words out of my mouth,

00:48:56he was denying that he had anything to do with it,

00:48:58which goes to prove that he had, in fact, done it, doesn't it?

00:49:01Well, it certainly suggests it.

00:49:03Now, did you lay hold of Reed for any reason or strike him in any way?

00:49:08I might have pulled at him, sir.

00:49:10I wanted him to come out and to see the mess that he'd made,

00:49:13but he kept on saying that it had nothing to do with him and...

00:49:16And what?

00:49:18Well, he was calling me a bloody Irish savage and a Catholic git and that.

00:49:24I see.

00:49:25Go on, please.

00:49:26The next thing I noticed, sir,

00:49:29was Johnson came round the side of the house

00:49:31and he had this gun in his hand

00:49:34and he pointed it at me

00:49:36and started telling me to F off back where I came from.

00:49:39He was threatening you with his gun?

00:49:41Sir, he wasn't pointing it at anybody else.

00:49:44Now, Reed was still in the doorway.

00:49:46Yes, sir.

00:49:47As though he knew Johnson meant business

00:49:49and was keeping it out of the way.

00:49:50And where was your brother while this was happening?

00:49:52Well, he must have been watching to see what happened, sir,

00:49:55and he must have seen Johnson come round the side of the house with the gun

00:49:59because he came up behind Johnson then

00:50:01and tried to get the gun off him and it went off.

00:50:05Accidentally?

00:50:05It looked like that, sir,

00:50:07but Johnson wouldn't let go of the gun,

00:50:09so he went off a second time.

00:50:11And which shot hit Reed?

00:50:13I don't know, sir.

00:50:14I wasn't watching him at the time.

00:50:15I was just looking at the two of them struggling.

00:50:17So when I realised that Reed had been hit,

00:50:20I pulled them apart.

00:50:22You pulled your brother and Johnson apart?

00:50:23Yes.

00:50:24And you left Johnson there with the gun?

00:50:28Yes.

00:50:30What else could we have done, sir?

00:50:31We just went back to the house.

00:50:33Did you make any attempt to find out what had happened to Reed?

00:50:37No, sir.

00:50:38Well, he had Mrs. Gorman and Johnson there with him

00:50:40and they wouldn't exactly have welcomed us.

00:50:43But you were upset by what had happened?

00:50:46Oh, yes, sir.

00:50:46I mean, we told him I'm living a bit rough,

00:50:49but guns is another matter altogether.

00:50:53Now, when did Mrs. Gorman come to your house?

00:50:57About 20 minutes or so after that,

00:50:59she came to the back door and my brother let her in.

00:51:01So who entertained Mrs. Gorman until the police arrived?

00:51:04I was in the kitchen, sir.

00:51:05I didn't really see very much of her.

00:51:07Well, you were on good terms with her

00:51:08despite her leaving you for Reed.

00:51:10It was me who left her, sir.

00:51:13You hadn't been pursuing her, pestering her?

00:51:15No, sir.

00:51:16It was the other way around.

00:51:17She was always after me.

00:51:18Now, the police arrived and searched your home

00:51:20but found no gun.

00:51:23No, sir.

00:51:24There was no gun there for them to find.

00:51:25You didn't hide a gun in the bed

00:51:27and then move it to the wardrobes,

00:51:29as has been suggested?

00:51:30No, sir.

00:51:31If we had a gun, in any case,

00:51:32we would have had plenty of time to get rid of it

00:51:34and, well, if we had shot,

00:51:36we'd, sir, we'd hardly be sitting in the kitchen

00:51:38drinking tea.

00:51:39But you've heard the evidence of the police witnesses

00:51:41who state that they found gun cleaning equipment

00:51:45in your house.

00:51:46Now, what was that doing there?

00:51:48Well, if we were breaking in a new site,

00:51:51say, out in the country, sir,

00:51:53sometimes we would take a gun along with this

00:51:55to clear away the rabbits and the rats

00:51:58and that sort of thing.

00:51:59And what happened to that gun?

00:52:00We sold it to one of the chaps

00:52:02working on the building site

00:52:03a couple of months earlier.

00:52:04We meant to take him out the oil and the brush

00:52:07as well,

00:52:08but he got another job

00:52:09and we couldn't trace him,

00:52:09so it was just lying there.

00:52:11There's no question of your possessing a gun

00:52:13on the 19th question?

00:52:14None at all, sir.

00:52:15Thank you, Mr. Thornton.

00:52:17Miss Tate?

00:52:21Mr. Thornton,

00:52:22you have made several serious charges

00:52:24against Alexander Reid,

00:52:25who, as you well know,

00:52:26is unable to counter them.

00:52:28Firstly, this business of split loading.

00:52:30Load splitting, miss.

00:52:32Thank you, load splitting.

00:52:33The obtaining of false delivery notes, I believe.

00:52:36Now, surely such a fraudulent scheme

00:52:37would depend upon the cooperation

00:52:39of someone on the construction site.

00:52:41Yes, it would.

00:52:42And yet you have stated

00:52:43that although Reid was engaged in this practice,

00:52:46you refused this cooperation.

00:52:48Yes.

00:52:49Well, if Reid was engaged in such an undertaking,

00:52:52he could only have done it with your cooperation.

00:52:54You were the foreman, weren't you?

00:52:56Yes, miss, but he didn't do it

00:52:57at any of our sites.

00:52:58I saw to that.

00:52:59Well, how can you make such accusations?

00:53:03It was common knowledge.

00:53:04He was doing it in other sites.

00:53:05Why did you not report the matter to the police?

00:53:09Well, we don't handle things that way.

00:53:11Indeed.

00:53:12You prefer to handle things, the law, in your own way, then?

00:53:17No, I didn't say that.

00:53:18Nevertheless, you do seem to possess a curious reluctance

00:53:22to avail yourself of the forces of law and order.

00:53:24Now, what about this business of slogans and vandalism?

00:53:27Did you ever complain to the police about that?

00:53:30Well, what could they have done about it, miss?

00:53:31They would never have been able to prove that I was here.

00:53:33Could you have proved it?

00:53:34Well, obvious.

00:53:38I mean, who else could it have been?

00:53:40Is he the only person whose tracks you've crossed?

00:53:43Is it not a district with a long record of vandalism?

00:53:46We've heard the phones are always out of order.

00:53:48Yes.

00:53:49So it could have been anyone, couldn't it,

00:53:52if indeed it ever happened at all?

00:53:55Happened all right, miss.

00:53:57And Reid and Johnson did it.

00:53:59So Reid vandalised your home,

00:54:01and Reid was swindling the building contractors,

00:54:03and Reid was stealing your betting money,

00:54:05and yet on none of these cases did you report it to the police?

00:54:08Now, that seems very odd.

00:54:10Not at all, miss.

00:54:11You just don't do that sort of thing.

00:54:13Well, what do you do? Shoot a man down?

00:54:15Now, I believe you said that you went straight home from the public house,

00:54:20and your mother then went to bed.

00:54:22But according to Mrs. Gorman,

00:54:23it was your mother who opened the door to her.

00:54:26My brother let her in.

00:54:27My mother was in bed and did not get out of it.

00:54:30Then why should Mrs. Gorman say it was your mother?

00:54:33Well, she might have been mistaken.

00:54:35She was in a terrible condition when she came over to the house.

00:54:38How did your relationship with Mrs. Gorman end?

00:54:42It had to.

00:54:44Had to?

00:54:45Yes.

00:54:47Well, I couldn't marry a divorced woman.

00:54:49In fact, she's not divorced yet anyway.

00:54:50She's just separated.

00:54:52So she left you because you couldn't marry her?

00:54:53It's the other way around, miss.

00:54:55I finished it.

00:54:56But you have attempted to continue this relationship,

00:54:58indeed to the point of becoming something of a nuisance,

00:55:01according to Mrs. Gorman.

00:55:02That is not true.

00:55:03But isn't that one of the reasons

00:55:04why you and your drunken state

00:55:06hammered on Reid's door that night?

00:55:08I was not drunk, miss,

00:55:10and that had nothing to do with me going over to Reid's that night.

00:55:13You've told us instead a pack of nonsense

00:55:15about tipped-over dustbins and rubbish through letterboxes,

00:55:19none of which, according to police evidence,

00:55:21was apparent in the light of day.

00:55:24We cleaned it up.

00:55:25That's why, miss, we're clean people.

00:55:27But as the police were there that night,

00:55:28why didn't you tell them about it?

00:55:30It wouldn't have done any good.

00:55:32Well, they could at least have witnessed its existence,

00:55:34could they not?

00:55:35Now, you expect us to believe

00:55:37that with Reid lying seriously injured

00:55:39and your mother unwell upstairs,

00:55:42you and your brother spent the time

00:55:43cleaning up the house?

00:55:46Yes.

00:55:47You were in the kitchen talking to your brother

00:55:48when Mrs. Gorman came?

00:55:50Yes.

00:55:50Then how could you have cleaned up the house?

00:55:53We did it before she came over.

00:55:55You went straight from the assault upon Reid

00:55:58and started clearing up and removing paint from walls?

00:56:02I think the jury are going to find some difficulty believing that.

00:56:07Mr. Thornton,

00:56:08the police found gun-cleaning equipment in your house.

00:56:10How did that come to be there?

00:56:12I've already said, miss,

00:56:14we sold the gun some months earlier

00:56:15and we meant to take the man the cleaning stuff as well.

00:56:18Whose gun was it?

00:56:18Yours or your brother's?

00:56:20My brother's.

00:56:21And were you present when it was sold?

00:56:24No, it was his gun and he sold it.

00:56:25I saw him take it to work.

00:56:26Did you see him sell the gun?

00:56:30No, we don't work together.

00:56:31I work in a site on the...

00:56:33a hut on the site

00:56:34and he drives an excavator.

00:56:36So you have no way of actually knowing

00:56:37whether he sold it or not?

00:56:39I would have known, miss,

00:56:40because it would have been in the house.

00:56:41Where was the cleaning equipment kept?

00:56:46In the cupboard under the stairs.

00:56:48Loose or contained in something?

00:56:51In a case?

00:56:53A gun case.

00:56:55Yes.

00:56:56The gun was taken from its case

00:56:57and carried loose to a building site

00:57:00for sale to some unknown and untraceable person.

00:57:04Isn't the truth of the matter

00:57:06that the gun never left your house

00:57:07until it was used to assault Alexander Reed?

00:57:09And that you, in the heat of the moment,

00:57:12neglected to get rid of that weapon?

00:57:14Now, isn't that the truth?

00:57:15No, it isn't.

00:57:16Well, I suggest it isn't.

00:57:17That what you were doing in the half hour

00:57:18after you committed this ghastly crime

00:57:20and Mrs. Gorman coming into the house

00:57:22was not clearing up this non-existent mess,

00:57:25but disposing of the weapon.

00:57:26Now, that's it, isn't it?

00:57:27No.

00:57:29Why did your mother have to answer the door

00:57:31to Mrs. Gorman?

00:57:32Because you weren't in the house.

00:57:34My mother did not answer the door to Mrs. Gorman.

00:57:37My brother did.

00:57:40Now, at the start of this fracker,

00:57:42you said that you attempted to pull Reed

00:57:44out of his house and into your garden.

00:57:46How far is it from Reed's front door to yours?

00:57:49About five yards.

00:57:51Is there a fence between?

00:57:52A hedge and a fence, yes.

00:57:53A hedge.

00:57:55So you would have had to pull him round that, wouldn't you?

00:57:57Now, how far would that make it?

00:58:00About 20 yards.

00:58:02You were going to pull Reed 20 yards?

00:58:06Do you think you could have done that

00:58:07against his will without a considerable amount of violence?

00:58:10Well, I just wanted to face him with it.

00:58:12Well, isn't it a bit unlikely

00:58:13that you would have succeeded?

00:58:16You don't think that way at the time.

00:58:18Well, how were you thinking at the time?

00:58:19Were you in a temper?

00:58:20No, I just wanted to have it out with him.

00:58:24I'd already talked to my brother about it.

00:58:26In fact, he was in more of a temper than I was.

00:58:27Was he indeed?

00:58:29So you were quite calm and collected

00:58:31when you deliberately laid hold on Mr. Reed

00:58:34and dragged him out from his doorstep.

00:58:36Is that so?

00:58:39No, I wouldn't say that.

00:58:41Well, just what would you say?

00:58:42You first said you weren't in a temper.

00:58:44Now you say you weren't calm and collected.

00:58:46Just what of these is it?

00:58:47I wasn't in a temper.

00:58:49I just wanted to get things straight.

00:58:51What exactly did you hope to achieve

00:58:53by dragging Reed out into your garden 20 yards?

00:58:59I've already said I just wanted to face him with it.

00:59:01Out in the open?

00:59:02Yes.

00:59:03You can't argue in a doorway.

00:59:04No.

00:59:05And the reason you wanted to pull him out

00:59:08was not to view your exterior decorations

00:59:11but to set him up as a target for your brother

00:59:14who was waiting with a gun.

00:59:15Now that's it, isn't it?

00:59:28Thornton, I should like to take you back again

00:59:30over one or two points

00:59:31that the jury may think require a little clarification.

00:59:34Reed's collecting the betting slips from the building sites.

00:59:38Is that a normal sort of procedure

00:59:39for the men who work in the building industry?

00:59:41When you're working out of town, yes.

00:59:43And you suspected that Reed was not in fact

00:59:45taking the slips to a betting office

00:59:46but in fact running a book himself.

00:59:48How could he do that?

00:59:50Well, he'd know what everybody was betting

00:59:52and what the winners came to.

00:59:54So it wouldn't have taken him a couple of weeks

00:59:56to work out that he could make a hundred or more

00:59:58running the book himself.

00:59:59What you're suggesting is that of, say,

01:00:01a hundred or fifty pounds bet,

01:00:02only fifty pounds would be returned in winnings

01:00:05in an average week.

01:00:06That's right.

01:00:07Yet you continued to bet with him.

01:00:09Oh, well, it didn't make no difference

01:00:10who the bookie was.

01:00:12I mean, whether it was Reed or some tough accountant.

01:00:14What caused the argument, then?

01:00:16Well, when it came to the big win,

01:00:18he wouldn't pay out.

01:00:20See, I was due me eighty-odd quid and a treble

01:00:22and he tried to give me me slip back

01:00:24and said that he hadn't had time

01:00:25to go to the betting shop.

01:00:26And you didn't believe him?

01:00:28Well, he always had time to go to the betting shop

01:00:30when I lost, didn't he?

01:00:31And is that where the argument

01:00:32of the public house was about?

01:00:33Yeah, it was.

01:00:34Well, that and the load splitting.

01:00:36But the betting mostly.

01:00:37You didn't feel strongly about the load splitting

01:00:39that particular evening?

01:00:40Oh, no, it's all.

01:00:40I just wanted me winnings.

01:00:41And then I take it the vandalism at your home

01:00:43was the final straw?

01:00:44Yeah, it was.

01:00:45I said to me brother

01:00:46it was time we stopped messing about

01:00:47and went to the police.

01:00:48How did he react to that?

01:00:50Oh, well, he's a great bladderer.

01:00:52He was still on for talking it out with the fella

01:00:54and he said we'd given him till Tuesday

01:00:55to settle up the betting money

01:00:56so in the end

01:00:58well, I let him go over to Reed's.

01:00:59And then after your brother

01:01:00Martin had engaged Reed on his doorstep

01:01:03exactly what happened?

01:01:04Well, I was watching from the window

01:01:06and I heard this noise

01:01:08and I saw Johnson creeping up the side with a gun.

01:01:12I said,

01:01:12they've got to have it all planned.

01:01:15They wanted our Martin to go round there

01:01:16and start an argument

01:01:17so they could lay hold of him from the back.

01:01:19So what did you do?

01:01:21Well, I pushed my way to the hedge

01:01:22and I laid hold of him.

01:01:23What was Johnson doing at this point?

01:01:26He was pointing the gun at my brother.

01:01:28And?

01:01:29Well, I tried to get it off him

01:01:30but he fired it.

01:01:32He fired it.

01:01:34Deliberately?

01:01:36Well, I think he was trying to scare me off

01:01:38but it must have been the first shot that got Reed.

01:01:41What makes you say that?

01:01:42Well, if it wasn't that shot

01:01:44he'd have hardly hung around waiting for another

01:01:46while we were struggling with it.

01:01:48Then the gun went off again?

01:01:51Yeah, I had him on the ground then

01:01:52and it must have gone off by accident.

01:01:54I see.

01:01:55Now, is there any truth in the allegation

01:01:57that you and your brother

01:01:58then proceeded to kick Johnson in the head?

01:02:01Oh, none at all, sir.

01:02:02We went straight back to the house.

01:02:03Knowing that Reed had been shot

01:02:05and perhaps killed?

01:02:07No.

01:02:07No, no.

01:02:08We didn't even know he'd been hit.

01:02:10You see,

01:02:11well, he'd moved back into the house a bit

01:02:13when the fight started

01:02:14and where I ended up on the ground

01:02:16well, I was out of sight of that.

01:02:18Thank you, Mr. Thornton.

01:02:19Miss Deed.

01:02:23Mr. Thornton, you've stated

01:02:24that it was your belief

01:02:25that Reed was operating as a bookmaker

01:02:27rather than placing the bets with a betting shop.

01:02:30Now, I wonder therefore

01:02:31why you did not make some other arrangements?

01:02:33Well, it didn't make no difference

01:02:35who the bookie was

01:02:36so long as the winners were paid out.

01:02:38Perhaps not, but it is illegal.

01:02:40Why did you not report it to the police?

01:02:43Why should we?

01:02:45He always paid up

01:02:46until it came to the big win.

01:02:47But if what you're saying is true,

01:02:49then Reed was making a profit

01:02:50of a hundred pounds a week.

01:02:53Now, why should he refuse

01:02:54to pay this eighty-odd pounds

01:02:55and so ruin

01:02:56what must have been

01:02:57a most lucrative enterprise

01:02:58for himself?

01:03:00Because he thought

01:03:00he could pull a fastball

01:03:01and get away with it.

01:03:03Now, you left the public house

01:03:04at more or less the same time

01:03:05as Reed and John's.

01:03:07How was it then

01:03:08that you arrived at Cromwell Crescent

01:03:09some half an hour later?

01:03:11Well, I don't know

01:03:11what time they left, do I?

01:03:13Anyway, we had our mares

01:03:14and she doesn't walk so fast.

01:03:17And you'd had a lot to drink, too.

01:03:18No, we didn't.

01:03:19We'd only a drop taken.

01:03:20You didn't perhaps

01:03:21make your own separate way home.

01:03:23Separate, that is,

01:03:24from your brother Martin

01:03:25and your mother, perhaps.

01:03:25I did not.

01:03:27Well, I suggest

01:03:27that you had ample time

01:03:29to collect such a weapon

01:03:30in that half hour

01:03:31that elapsed

01:03:32after you left the public house.

01:03:33So they're rubbish.

01:03:34Well, where was the gun then?

01:03:35In your house all the time?

01:03:37I told you.

01:03:37I sold him once before.

01:03:38Did you have a license

01:03:41for this gun

01:03:41you claimed to have sold?

01:03:43No.

01:03:44Did the person

01:03:45you claimed to have sold it to

01:03:46have a license?

01:03:47How should I know?

01:03:49Because the law

01:03:50requires that you know.

01:03:52Do you know the name

01:03:53of the person

01:03:54you claimed to have sold

01:03:55this gun to?

01:03:56Yes.

01:03:57Michael.

01:03:59Michael.

01:04:00Um,

01:04:01I can't think of

01:04:02a second name.

01:04:03Because you never

01:04:05sold that gun at all

01:04:06did you?

01:04:06And it was

01:04:07as Mrs. Gorman

01:04:08has testified

01:04:08in your house

01:04:10that evening

01:04:10until it was used

01:04:11to cruelly maim

01:04:12Alexander Reid.

01:04:13It was not.

01:04:13I sold it months before.

01:04:15Without its case

01:04:15to a complete stranger?

01:04:17It wasn't a complete stranger.

01:04:18It was one of the boys

01:04:18on the side.

01:04:19Well, do you honestly believe

01:04:20that the court

01:04:20will accept that?

01:04:21That you

01:04:22in a legal possession

01:04:23of a weapon

01:04:24sold it to someone

01:04:25whose name

01:04:26you cannot remember

01:04:27and you forgot

01:04:27to put it in its case?

01:04:29Well, that's the truth.

01:04:30No, the truth is

01:04:31that that was the weapon

01:04:32used that evening.

01:04:33And that was the weapon

01:04:34hidden in your mother's bed.

01:04:36And why was the gun

01:04:37cleaning equipment

01:04:38found under the stairs?

01:04:39For the simple reason

01:04:40that it was too bulky

01:04:41to be hidden

01:04:42under the mattress.

01:04:43Now, that's the truth,

01:04:44isn't it?

01:04:44Not at all.

01:04:45No further questions,

01:04:46my lord.

01:04:47No re-examination,

01:04:48my lord.

01:04:49We'll now return

01:04:50to the dock.

01:04:53That concludes

01:04:53the case for the defence.

01:04:59Miss Tate?

01:05:02Members of the jury,

01:05:07I believe there is

01:05:08only one matter

01:05:09on which this issue rests,

01:05:11and that is the ownership

01:05:12of the weapon

01:05:13used to assault

01:05:14Alexander Reid.

01:05:15It is my submission

01:05:16that the weapon

01:05:17was owned

01:05:18and used by the defendants,

01:05:19Martin and Gerald Thornton.

01:05:21Mrs. Gorman

01:05:22saw the weapon

01:05:23in the house

01:05:24immediately after the assault,

01:05:26and the police,

01:05:27although failing

01:05:28to recover it,

01:05:29did find gun cleaning

01:05:30equipment and a case there.

01:05:32Furthermore,

01:05:34the Thornton brothers

01:05:34have admitted

01:05:35possessing such a weapon,

01:05:37possessing it,

01:05:38indeed, illegally,

01:05:40and then expect us

01:05:41to believe

01:05:41that they sold it

01:05:42to some person

01:05:43whose name

01:05:44they cannot remember,

01:05:46sold it

01:05:46without its gun cleaning

01:05:48equipment and case.

01:05:51Now, the defence

01:05:52have suggested

01:05:53that the weapon

01:05:55was owned

01:05:55and used

01:05:56by William Johnson,

01:05:57but they have no evidence

01:05:59to prove this,

01:06:01nor is there evidence

01:06:02to suggest

01:06:02that Johnson

01:06:03had motivation

01:06:04to commit such a crime,

01:06:06as he'd only recently

01:06:07arrived in the Reid household

01:06:09and had no personal argument

01:06:10with the Thornton brothers

01:06:11himself.

01:06:13The Thornton brothers,

01:06:14on the other hand,

01:06:16have produced

01:06:16three reasons

01:06:17for their acts

01:06:18of criminal violence.

01:06:19One,

01:06:20the alleged load-splitting.

01:06:24Secondly,

01:06:24the illegal bookmaking

01:06:26and thirdly,

01:06:28the vandalism

01:06:28to their property.

01:06:31Now,

01:06:31there remains still

01:06:32the question of intention

01:06:34and it is my submission

01:06:35that this has been

01:06:36clearly demonstrated

01:06:37not only by their behaviour

01:06:39but by their reported remarks.

01:06:41Firstly,

01:06:42in the public house,

01:06:44we'll finish you.

01:06:46And then,

01:06:48immediately prior to the assault,

01:06:50let's finish this bloody thing

01:06:52once and for all.

01:06:53members of the jury,

01:06:56it is my contention

01:06:58that the Thornton brothers

01:06:59had the motivation,

01:07:00the means,

01:07:01and the intention

01:07:02to commit this criminal

01:07:03act of violence.

01:07:06And that being so,

01:07:07I believe that you have

01:07:08no alternative

01:07:09but to find them

01:07:10both guilty

01:07:11of the charge

01:07:13of attempted murder.

01:07:16Mr. Lottif.

01:07:17Hello.

01:07:18Members of the jury.

01:07:21The prosecution

01:07:21makes much of this

01:07:23empty gun case

01:07:24with this cleaning kit.

01:07:26Now,

01:07:26ladies and gentlemen,

01:07:27I ask you,

01:07:28if the defendants

01:07:29were guilty,

01:07:30wouldn't they have disposed

01:07:31of all traces

01:07:32of ever having

01:07:33owned a firearm?

01:07:35They had over an hour

01:07:36before the police arrived.

01:07:39Now,

01:07:39Mrs. Gorman

01:07:40says that she saw

01:07:41a gun

01:07:42in the Thorntons' house.

01:07:44She didn't tell

01:07:44the police this,

01:07:46but this is what

01:07:47she now tells us.

01:07:49Now,

01:07:49I wonder what made

01:07:50her change her story.

01:07:54Ladies and gentlemen,

01:07:55do you believe

01:07:55that Mrs. Gorman,

01:07:57rushing to the Thorntons

01:07:58for shelter,

01:08:00comfort,

01:08:00solace,

01:08:01believed that they

01:08:03had been responsible

01:08:04for shooting Reed?

01:08:07Oh,

01:08:07don't you rather believe

01:08:08that she went there

01:08:10for protection

01:08:10from the man

01:08:11she knew had shot him,

01:08:13William Johnson.

01:08:16Now,

01:08:16Johnson took over an hour

01:08:17to call the police

01:08:18after his friend

01:08:19had been shot down.

01:08:21It was ample time

01:08:22to dispose of a weapon.

01:08:25I put it to you

01:08:26that it was this man,

01:08:27a man who was Reed's bodyguard,

01:08:29a man with a long record

01:08:30of criminal violence,

01:08:33a man who was

01:08:34angry

01:08:34and who'd been drinking.

01:08:36It was this man

01:08:37who,

01:08:38in the mistaken impression

01:08:39that he was

01:08:40protecting his employer,

01:08:42took the shotgun

01:08:43from the padlock cold store

01:08:44and, in the scuffle

01:08:45that followed,

01:08:46accidentally shot him.

01:08:49Members of the jury,

01:08:51you must find

01:08:51the defendants

01:08:52not guilty.

01:08:54Ladies and gentlemen

01:08:55of the jury,

01:08:57as both the prosecution

01:08:58and defense counsel

01:08:59have so rightly stressed,

01:09:01the first point

01:09:01for you to decide

01:09:02is who possessed

01:09:03the weapon

01:09:04and who wielded it

01:09:05during the course

01:09:06of this doorstep argument.

01:09:08And I must direct you

01:09:09that if there is

01:09:10any reasonable doubt

01:09:11in your minds

01:09:12that one or other

01:09:13of the defendants

01:09:14did possess

01:09:15and wield this weapon,

01:09:17then you must return

01:09:18a verdict

01:09:18of not guilty.

01:09:20And you must remember

01:09:21that it is not

01:09:22for the defense

01:09:23to prove their case,

01:09:24but for the crown

01:09:25to prove the case

01:09:26against them.

01:09:27Now, the law states

01:09:29that an attempted murder

01:09:31is any mortal assault

01:09:33which,

01:09:34had it resulted in death,

01:09:36would have been murder.

01:09:38Now, if you consider

01:09:39that the Thorntons

01:09:40did possess this weapon,

01:09:42you may nonetheless

01:09:43still wish to judge

01:09:44the evidence

01:09:45against them separately.

01:09:48Since,

01:09:48for the case to be proven

01:09:50against both defendants,

01:09:52you would have to decide

01:09:54that both brothers

01:09:56went to Reed's house

01:09:57with a common intention

01:09:58and a common

01:10:00criminal purpose.

01:10:02Of course,

01:10:03if you are satisfied

01:10:04that such was the case,

01:10:06then you will find

01:10:07them both guilty.

01:10:09But, ladies and gentlemen

01:10:10of the jury,

01:10:11you may feel

01:10:12that the elder brother,

01:10:14Martin Thornton,

01:10:15was not involved

01:10:16and that he was ignorant

01:10:18of his brother's activities

01:10:20and took no other part

01:10:21than that of simple assault.

01:10:24And,

01:10:24under these circumstances,

01:10:26you may consider

01:10:27that a reduced finding

01:10:29against Martin Thornton

01:10:31might be appropriate.

01:10:34But, members of the jury,

01:10:35should you make this reduced finding

01:10:37against Martin Thornton

01:10:38and should you,

01:10:40at the same time,

01:10:42still be convinced

01:10:43in your own minds

01:10:44that General Thornton

01:10:46did possess

01:10:47and wield the weapon,

01:10:49then it would still be open to you

01:10:51to find General Thornton

01:10:53alone

01:10:53guilty of attempted murder.

01:10:57Now, members of the jury,

01:10:58you will kindly retire

01:10:59and consider your verdict.

01:11:03All stand.

01:11:09The prisoners will remain standing.

01:11:12Members of the jury,

01:11:13will your foreman please stand?

01:11:15Answer this question,

01:11:16yes or no.

01:11:17Have you reached verdicts

01:11:18for both defendants

01:11:19on which you're all agreed?

01:11:20Yes.

01:11:21Do you find the defendant,

01:11:22Martin Thornton,

01:11:23guilty or not guilty

01:11:25of attempted murder?

01:11:26Guilty.

01:11:27Is that the verdict of you all?

01:11:28It is.

01:11:29Do you find the defendant,

01:11:31Gerald Thornton,

01:11:31guilty or not guilty

01:11:33of attempted murder?

01:11:34Guilty.

01:11:35Is that the verdict of you all?

01:11:36It is.

01:11:37Come on.

01:11:38Martin and Gerald Thornton.

01:11:40Mr Justice Waddington

01:11:45sentenced Martin and Gerald Thornton

01:11:47to eight years' imprisonment

01:11:49for the attempted murder

01:11:50of their next-door neighbour.

01:11:52A chance for you to join another jury

01:11:54in assessing the facts

01:11:55when our cameras return

01:11:56to watch another leading case

01:11:57in the Crown Court.

01:11:58The End

01:12:00of the All

01:12:03The End

01:12:04of the All

01:12:08of the All

Crown Court - Love Thy Neighbour (1973)

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