Crown Court - A Case of Murder (1974) - video Dailymotion

Jezza

Crown Court: the gripping courtroom drama from the 1970s and 1980s.  "Charles Oldbury died in the bathroom of the old people's home where he lived. Dr. Fulmer, who attended the scene, thought he had suffered a heart attack and then drowned in the bath; she tried to resuscitate him without success. However, the owners of the home - Margaret and Kenneth Povey - are now on trial, accused of his murder and of defrauding his estate of £30,000 with the aid of convicted solicitor's clerk Leonard Saxton." - IMDB.   Fun fact - Kathleen Byron would appear in Within These Walls as the sister of Helen Forrester, who was played by Katharine Blake, who was the defendant in the following episode "The Woman Least Likely"! Kathleen also appeared in Blake's Seven. Loads of Doctor Who alumni in this episode too!

Transcript

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00:02:59What counsel is saying is that the deceased's death was considered to be not from natural causes.

00:03:06The use of the word unnatural in this context carries no bizarre implications.

00:03:09I'm obliged to, my lord. That's all I wish to say by way of introduction to this case.

00:03:13I now call Mr. John Osprey.

00:03:16John Osprey, please.

00:03:17You are John Osprey, a practising solicitor?

00:03:20Yes, my offices are in Bank Buildings City Centre.

00:03:24In November of last year, did you have in your employer Clark, Leonard Saxton?

00:03:27I did.

00:03:28He'd been employed by you for some time?

00:03:30Twelve years.

00:03:31And during that time, had you any cause for complaint?

00:03:34None. He was completely reliable.

00:03:36You had ample opportunity to form judgment as to his character?

00:03:39Oh, yes, indeed.

00:03:40The fact that you were content to employ him in this position of trust for such a time speaks for itself?

00:03:45A most scrupulous man.

00:03:47A most scrupulous man. Thank you.

00:03:49Now then, Mr. Osprey, were you at your office in the early part of November of last year?

00:03:52No, I was away. I was away on a fortnight's holiday.

00:03:56And during the two weeks you were away, who was in charge of the office?

00:03:59For routine work, Mr. Saxton.

00:04:01And what if a matter had arisen requiring fully qualified professional opinion?

00:04:05My partner, Mr. Dimmock, was available.

00:04:07Mr. Osprey, when did you hear of Mr. Olbrey's death?

00:04:10The very next morning, on Friday the 23rd.

00:04:14And did you on that day visit the Pines Hotel?

00:04:16Yes, during the afternoon. I went through his effects there.

00:04:20And what did you find among them?

00:04:21Well, there were various papers of a business and private nature.

00:04:25Business?

00:04:27Share dealings, some property investments, that sort of thing.

00:04:31And the private papers?

00:04:32Birth certificate, marriage certificate, some old letters.

00:04:36He was a widower, Mr. Osprey.

00:04:38Yes, my lord. His wife died some years ago.

00:04:42Anything else?

00:04:43A recent codicil to his will.

00:04:46Had you seen it before?

00:04:47No.

00:04:47From which we may infer that you hadn't drawn it up?

00:04:50No, my lord.

00:04:51And do you now produce the codicil?

00:04:53Exhibit one, please.

00:04:54My lord, there are copies for the jury.

00:04:56It's dated November the 7th, 1973.

00:04:59Yes, this is it.

00:05:01Were you surprised to see it?

00:05:03Oh, extremely.

00:05:06Now, I think it would be helpful if you were to tell the court about the deceased.

00:05:09He was, I believe, a retired shopkeeper.

00:05:11Yes, actually he owned several home decorating shops.

00:05:15He sold out to one of the big companies when he retired.

00:05:17Yes, he was a man of considerable substance.

00:05:20Oh, yes, indeed.

00:05:21Now, you've told his lordship that Mrs. Olbury died some years ago.

00:05:24What immediate family had he?

00:05:26Two daughters, both married and a nephew.

00:05:29My lord, I would like at this stage to introduce Charles Olbury's will.

00:05:32It is, in fact, an agreed exhibit.

00:05:35Perhaps we should call it Exhibit Two?

00:05:36I have no objection, my lord.

00:05:38Now, that is the original of the will drawn up by you to the instructions of the deceased and witnessed by you?

00:05:44It is.

00:05:45That is your signature?

00:05:46Yes, it is.

00:05:47Yes.

00:05:48It contains three principal bequests, does it not?

00:05:50That is so.

00:05:51Will you please tell the court who the three-named principal beneficiaries are?

00:05:54Well, his two daughters and his nephew.

00:05:57And the amount?

00:05:58£30,000 to each.

00:06:00Yes, thank you.

00:06:00So, Mr. Olbury had not indicated to you that he wanted to change his will?

00:06:05Oh, certainly not.

00:06:07I had no idea.

00:06:10Mr. Osprey, what did you do when you returned to your office at Bank Chambers?

00:06:15I sent for my clerk, Mr. Saxton.

00:06:17Why did you do that?

00:06:18Well, his signature appeared as a witness to the codicil, together with that of a Miss Maria Novatti.

00:06:24I was dumbfounded that Mr. Olbury had not told me what was in his mind.

00:06:28Were you satisfied with what Mr. Saxton had to tell you?

00:06:31Well, he wasn't really able to throw very much light on it.

00:06:34And there the matter rested for some days?

00:06:36Yes, until a few days later when I received a telephone call at home from Mr. Saxton.

00:06:41And as a result of that telephone call, did you advise him to do something?

00:06:44Yes, I told him to go and see the police the first thing in the morning.

00:06:49Mr. Osprey, you've had dealings with the deceased over several years.

00:06:52Now, plainly, you were able to form judgments about his business sense.

00:06:55Yes.

00:06:56Was he methodical in his methods?

00:06:58Oh, extremely.

00:06:59Punctilius, too strong a word?

00:07:01Oh, indeed not.

00:07:02Everything was most carefully considered.

00:07:05Now, forgive me for laboring the point, but with regard to documents, how was he?

00:07:10Oh, he read everything.

00:07:11Read everything.

00:07:13Thank you, Mr. Osprey.

00:07:14Thank you, Mr. Osprey.

00:07:15I don't think we need question you further.

00:07:18I call Leonard Saxton.

00:07:20Leonard Saxton, please.

00:07:22Leonard Saxton, did you receive a telephone call from someone on Monday, the 5th of November?

00:07:26Yes, from Povey.

00:07:28Kenneth Povey, the defendant.

00:07:29What did he say?

00:07:31Mr. Povey asked me to draw up a codicil to Charles Oldbury's will and take it along with some other papers for signature.

00:07:36And did you do that?

00:07:38Yes.

00:07:38Two days later, Wednesday the 7th, I called at the Pines with it and some other papers.

00:07:43Will you please tell the court what then took place?

00:07:45I saw Mr. Oldbury and had painted a signature to the papers I had brought.

00:07:48Including the codicil?

00:07:49Yes.

00:07:50Did he make any comment on it at all?

00:07:51No, sir.

00:07:53Maybe he be shown an exhibit one, please.

00:07:55Would you look at that and say whether it is the document as drawn up by you?

00:08:01Yes, it is.

00:08:02It's effect is to remove Mr. Oldbury's nephew from among the legatees and give his share to Mrs. Povey, is it not?

00:08:09Hardly an everyday occurrence to disinherit a member of one's family and if you said he made no comment on it.

00:08:14That's right, sir.

00:08:15He made no comment because he didn't see it.

00:08:17I slipped it in with the other papers and made sure that though he signed it, he did not see it.

00:08:22And why did you do that?

00:08:23It was what I've been told to do.

00:08:25Who told you?

00:08:26Kenneth Povey.

00:08:26Well, I'll return to that in a moment.

00:08:29Now, what happened after Mr. Oldbury signed the various documents you'd drawn?

00:08:33I had tea with him.

00:08:34He asked me to.

00:08:35And what was his demeanour at tea?

00:08:37Sorry?

00:08:38Was he worried or depressed?

00:08:40No, not at all.

00:08:41He seemed very happy.

00:08:43And when did you next see either of the accused?

00:08:45As I was leaving.

00:08:48Povey asked me if I'd got it.

00:08:50And what did you understand what you mean by that?

00:08:52The codicil being signed.

00:08:54Yes, well, let's now go back to a few months ago.

00:08:56What was your financial situation last summer?

00:08:59I was in debt.

00:09:01I'd been backing horses.

00:09:03And how did you get out of debt to the bookmakers?

00:09:05Mr. Povey loaned me £500.

00:09:07Did you borrow it from him?

00:09:09Or did he loan it?

00:09:10You take the distinction.

00:09:12You are being asked which of you took the initiative.

00:09:15He volunteered the money, my lord.

00:09:17How much?

00:09:18£500.

00:09:19Was there a term to this loan?

00:09:21It was lent on the basis I would repay it when I could.

00:09:24And have you repaid it?

00:09:26No.

00:09:27Then it is still outstanding?

00:09:29No.

00:09:30Will you please explain that?

00:09:31It was made clear that the debt would be written off if I did what I was asked.

00:09:36And what did you take that to me?

00:09:38Drawing up the codicil and getting Mr. Oldbury's signature on it.

00:09:41And was that promise quite explicit or was this merely your assumption?

00:09:44Kenneth Povey said, get his signature to that and we'll forget about the money.

00:09:48When did he say this?

00:09:49Over the telephone, my lord, on the Monday, the 5th of November.

00:09:52Yes, I see.

00:09:53It might be appropriate, Mr. Golding, if you took this opportunity to clarify for the jury this witness's situation.

00:09:59I'm obliged to, my lord.

00:10:00This witness, Leonard Saxton, has of course been charged with having taken part in the forgery of this codicil.

00:10:06Also, having obtained the signature of Miss Maria Novarty, a servant resident at the Pines Hotel, having told her that Mr. Oldbury wished to leave her a small token in his will and that her signature was necessary to the document.

00:10:18Mr. Novarty was told not to mention this to Mr. Oldbury, as he did not wish to discuss his will with anybody.

00:10:24And Mr. Saxton has since pleaded guilty to that charge and has indeed been sentenced to five years' imprisonment for it.

00:10:30The result is there is no reason to suppose that any testimony of his might be self-incriminatory, inasmuch as his responsibility in these events has already been determined.

00:10:39My lord, I would like to introduce some further documents. Exhibits three and four, a statement of account for Kenneth Povey's bank, and a paying-in slip on Leonard Saxton's bank.

00:10:49Agreed, my lord.

00:10:50So, you were to obtain Mr. Oldbury's signature to this fraudulent codicil, and in return, the loan would be forgotten about.

00:10:59Was that consideration the sole inducement, Mr. Saxton?

00:11:03I was told I should not go empty-handed when Mr. Oldbury died.

00:11:07Kenneth Povey said that?

00:11:08Yes.

00:11:09Now, I want you to be very clear about what I am going to ask you.

00:11:12Was anything ever said by either of the accused about when Mr. Oldbury might die?

00:11:17Not at that time.

00:11:18You are certain of that?

00:11:20Yes, I clearly recall when it was first hinted at.

00:11:23Hinted at?

00:11:23The meaning was very clear.

00:11:26The morning after Mr. Oldbury's death, Kenneth Povey phoned me at the office.

00:11:29He told me to meet him at one o'clock in the Castle Public Bar.

00:11:33That was Friday, the 23rd of November?

00:11:35Yes.

00:11:36I met him in the bar, and he bought me a drink.

00:11:39He said, Leonard, our problems are over.

00:11:43I asked what he meant, and he said, the old fellow's dead.

00:11:46I asked how he died, and Povey said, all that concerns you is that he is dead.

00:11:54I wasn't there long.

00:11:55Just as I was leaving, Povey said, Len, this codicil business, it's between you and me, isn't it?

00:12:00I said, of course.

00:12:02And he said, good.

00:12:05Only if it ever got out, you'd be in the dock with me, and it wouldn't just be the forgery, would it?

00:12:10And those were the exact words?

00:12:12Yes.

00:12:13I suggest, Mr. Saxton, that your entire testimony is unfounded, that you are motivated by malice, in short, that you are lying.

00:12:24So you insist that the 500 pounds Kenneth Povey gave to you was a loan?

00:12:50You say he offered you this large sum of money without even being asked?

00:12:54He did?

00:12:55Well, that's a bit odd, isn't it?

00:12:57I mean, as my learned friend suggested, the Poveys had recently fallen on to hard times.

00:13:01How is it that he suddenly was able to find 500 pounds and thrust it on you?

00:13:07Obviously, you find it remarkable as well.

00:13:09No, Miss Tate, the witness hasn't said that.

00:13:11Oh, I withdraw that imputation, my lord.

00:13:13Do you not find it strange that Mr. Povey was suddenly able to lay his hands on 500 pounds?

00:13:19I didn't know the state of his finances.

00:13:21Ah, now, is that quite true, Mr. Saxton?

00:13:23Isn't it a fact that in April of last year, Povey discussed with you the taking out of a second mortgage on the Pines?

00:13:29Well, he may have.

00:13:31I don't recall clearly such a conversation.

00:13:33Come now, Mr. Saxton, did you not recommend the services of a Mr. Pocock, mortgage broker, also of bank buildings?

00:13:40Mr. Saxton?

00:13:42I may have, my lord.

00:13:43You did, and you know it, Mr. Saxton.

00:13:45My client took up your recommendation and went to see Mr. Pocock.

00:13:48Now, that is right, isn't it?

00:13:50You do not recall this, Mr. Saxton?

00:13:52Yes. It had slipped my memory, my lord. I do now.

00:13:54So, in April of last year, you were aware of Mr. Povey's need for more funds.

00:14:00I... yes, I suppose so.

00:14:02And yet, in August of last year, he lent you 500 pounds, as if there was not a cloud in the financial sky.

00:14:09But you knew, and we know, that that is far from being the case.

00:14:12What is the relevance of this line, Miss Tate?

00:14:15My lord, I am seeking to show that a man who needs to get more money by getting a second mortgage

00:14:19is unlikely to be as free with it, as the witness suggests.

00:14:23Yes.

00:14:24The fact is, Mr. Saxton, that you have conveniently forgotten Mr. Povey's financial state,

00:14:29because otherwise it would cast a doubt on your claim that he freely offered the money to you.

00:14:34He did not offer this money to you, Mr. Saxton.

00:14:36You demanded it.

00:14:37You understand, Mr. Saxton?

00:14:39Yes, my lord.

00:14:40It is as I have testified.

00:14:41What is your salary, Mr. Saxton?

00:14:45Must I answer that, my lord?

00:14:46Oh, I see no good reason why you shouldn't.

00:14:492,500 pounds a year.

00:14:52Will you please describe again precisely how you say you duped Mr. Oldbury?

00:14:57I put it between two share certificate receipts which he had to sign.

00:15:00I just indicated where he should put his name.

00:15:02But we have heard your employer say that Mr. Oldbury was a most punctilious man about such matters.

00:15:07Oh, my lord, Mr. Osbury did not actually say that.

00:15:09He merely assented to my learned friend saying...

00:15:11Yes, Mr. Golding, I think that's right.

00:15:13But it doesn't negate the point that counsel is making.

00:15:16The important thing is that the witness did assent to the proposition.

00:15:20Let me put it even more directly, then.

00:15:23Mr. Osbury told us that Mr. Oldbury was very careful about business papers.

00:15:27But in spite of this care over documents,

00:15:30you would have us believe that you were able to trick him in this childish manner.

00:15:34It is what happened.

00:15:35I suggest that no such thing took place.

00:15:38I suggest that it was not Kenneth Povey who telephoned you on Monday, the 5th of November,

00:15:42but Charles Oldbury himself.

00:15:44It was Povey!

00:15:45He instructed you regarding the codicil on the telephone

00:15:47and made an appointment to see you two days hence.

00:15:50At that time, you took the prepared codicil

00:15:52and the other documents that he'd requested,

00:15:54and there you got his signature in a perfectly ordinary, straightforward manner.

00:15:58You then took tea with him and you discussed the weather.

00:16:01That is not true.

00:16:04Except about tea and the weather.

00:16:05Is it true, Mr. Saxton, that your entire testimony is invention and actuated by malice?

00:16:12Well, let us come to the day after Mr. Oldbury died.

00:16:14That is Friday, the 23rd of November.

00:16:16Now, you're saying that Kenneth Povey telephoned you and arranged to meet him.

00:16:20What were his exact words?

00:16:22He said,

00:16:23Something's happened.

00:16:24Meet me in the public at the castle, one o'clock.

00:16:27I'll tell you about it.

00:16:28Did you not immediately question him about it?

00:16:30I mean, something's happened.

00:16:31I took it to mean about the codicil.

00:16:33Just answer the question, please.

00:16:34No, I didn't ask him anything.

00:16:36So you weren't curious.

00:16:38Could that be because you had telephoned him?

00:16:41He called me.

00:16:43Very well, we'll come back to that.

00:16:44But let's consider the actual meeting.

00:16:46Now, according to you, Povey said,

00:16:48It's between you and me.

00:16:50If ever it gets out, you'd be in the dock with us, right?

00:16:53That's part of what he said.

00:16:54But you did nothing about it.

00:16:56I thought about it, but I didn't do anything.

00:16:58No, indeed.

00:16:59You didn't contact the police for several days.

00:17:01Although, as you say, you had this positively sinister conversation with Mr. Povey.

00:17:06What did you say to Mr. Osprey?

00:17:08I simply said Mr. Oldbury wanted to see him,

00:17:11and hearing Mr. Osprey was on holiday, he'd asked me to go along instead.

00:17:14That's all you said?

00:17:15At first, yes.

00:17:16So you spoke about it later?

00:17:18Yes.

00:17:19I couldn't stand it.

00:17:21A few days later, it sort of came to a head,

00:17:24and I rang Mr. Osprey at his home.

00:17:27I told him the truth.

00:17:28That I'd obtained Mr. Oldbury's signature to a fraudulent document for personal gain.

00:17:32that I'd done so under instructions from Kenneth Povey,

00:17:36and that it was my belief Oldbury had been murdered.

00:17:38Murdered?

00:17:39But your reason for coming forward was not fear of being implicated in a murder charge.

00:17:44It was pure vindictive spite.

00:17:45That is a lie.

00:17:46This is all I have for this witness.

00:17:47Do you wish to re-examine, Mr. Golding?

00:17:49Thank you, my lord.

00:17:50Mr. Saxton, you have experience of the law.

00:17:53No doubt you see the drift of my learned friend's question.

00:17:56Yes, sir.

00:17:56Perhaps you would assist the court by telling us what motives you have had for coming forward

00:18:00and testifying against the accused.

00:18:02None, except what I've said.

00:18:03My learned friend has suggested malice.

00:18:06Had you any dealings of a business or personal nature with Povey

00:18:09prior to the events of November the 7th?

00:18:11None, sir.

00:18:12Apart from the loan back in the summer.

00:18:14Yes.

00:18:15You're at a loss then to know what she could be getting at.

00:18:17Completely.

00:18:18Absolutely.

00:18:19My lord.

00:18:19Yes, Mr. Saxton, one thing.

00:18:21Counsel asked you if you'd had any dealings with the accused, Kenneth Povey,

00:18:25and you said that you had not.

00:18:27Does that denial apply equally to Mrs. Povey?

00:18:30Yes, my lord.

00:18:30I am obliged to you, my lord.

00:18:32You may leave the witness box, Mr. Saxton.

00:18:35Dr. Leslie Fulmer, please.

00:18:37Dr. Leslie Fulmer, please.

00:18:40You were called out late on the evening of the 22nd of November to the Pines Residential Hotel.

00:18:45Yes.

00:18:45The caller who identified herself as Mrs. Povey said,

00:18:49one of our old men has had an accident.

00:18:51He's in the bath.

00:18:52We can't bring him round.

00:18:53Now, is that correct?

00:18:53Yes.

00:18:54And when you got there, what did you find?

00:18:56The patient was on the bathroom floor.

00:18:58He was lying on his back, wrapped in a large towel.

00:19:00Did you notice anything about this towel?

00:19:02It was hot as if it had just been taken off a radiator.

00:19:05Yes.

00:19:05What did you do?

00:19:06I checked for a heartbeat, but could detect none.

00:19:08Neither was there any pulse.

00:19:10There was no trace of breathing.

00:19:12The body was cold and the pupils widely dilated.

00:19:15I ventilated the lungs by mouth-to-mouth respiration and applied external cardiac massage,

00:19:20but without effect.

00:19:21After half an hour, I was satisfied that he was dead.

00:19:25Yes.

00:19:26Now, did you conclude anything from what I believe is termed auscultation?

00:19:29Oh, bear with us, Mr. Golding.

00:19:30Well, it's a medical term, my lord, meaning to judge by listening the condition of heart and lungs.

00:19:35Well, wouldn't it have been simpler if you'd asked that in the first place?

00:19:38Well, doctor?

00:19:39I thought it strange that his lungs seemed not to be full of water.

00:19:42Yes.

00:19:43Now, was there anything else you noticed?

00:19:44The coldness of his body I've already mentioned, but it was extreme and I was surprised.

00:19:48But you tell us he was wrapped in a hot towel.

00:19:50Even so.

00:19:50It didn't seem to have warmed him, palpably.

00:19:52No, my lord.

00:19:53Now, what general view did you form in the light of his age and the circumstances in which he was found?

00:19:58I thought it most likely that he had died of heart failure.

00:20:01And did you so certify?

00:20:03Well, I didn't sign a death certificate.

00:20:04As I hadn't attended the deceased before, I felt unable to issue one in the circumstances.

00:20:09Do you mean that you entertained suspicions?

00:20:12Well, no, I don't mean that.

00:20:13Merely that I felt a degree of doubt over the clinical facts of his death.

00:20:19Apologies, my lord.

00:20:20Was the deceased's head wet?

00:20:22His hair had been.

00:20:23It wasn't sopping wet when I saw him, but it clearly had been.

00:20:26Was the bathroom wet?

00:20:27No.

00:20:29Not splashed, as you might expect from lifting an inert body from the bath?

00:20:32I don't recall that it was.

00:20:34Yes.

00:20:34Was the bath full of water?

00:20:36No, it had been run away.

00:20:38It had been run away.

00:20:39I see.

00:20:40Now, was it a cold night?

00:20:43Extremely.

00:20:44I'd had to use defrost on my windscreen.

00:20:46And therefore below freezing.

00:20:47Yes.

00:20:48How long did it take you to get to the pines?

00:20:50Ten minutes.

00:20:51And you left how long after the phone call from Mrs. Povey?

00:20:53I left straight away.

00:20:55Sir, the most you cannot have been more than a quarter of an hour?

00:20:57That's right.

00:20:58Yes.

00:20:59Good.

00:21:00Now, what was the state of the bathroom window?

00:21:02Was it steamed up or not?

00:21:05No, I don't recall any condensation.

00:21:07You would recall such a detail?

00:21:08Yes, I thought the bathroom was dreadfully cold and I was concerned for the patient.

00:21:12I looked to see if the window was properly closed.

00:21:15It was shut and I remember that the glass was quite dry and clear.

00:21:19Did either of the accused say anything?

00:21:21Well, only Mr. Povey was in the bathroom.

00:21:23And did he say anything?

00:21:24He mentioned something about Mr. Olbery having eaten a large dinner.

00:21:28I assumed that he had the possibility of cramp in mind.

00:21:30Yes, Dr. Fulmer, what would you expect to be the reaction of someone swimming, say,

00:21:34who'd been attacked by cramp?

00:21:36To shout for help.

00:21:37To shout for help.

00:21:38Thank you, Dr. Fulmer.

00:21:39Yes, Miss Tate.

00:21:41Dr. Fulmer, how long have you been qualified?

00:21:43Six years.

00:21:44And how many cases of drowning have you attended?

00:21:47Not many.

00:21:47A few.

00:21:48Ten?

00:21:49Twelve?

00:21:51Three or four.

00:21:52Three or four?

00:21:53Well, that's not a great many on which to build a body of experience.

00:21:56What is your point, Miss Tate?

00:21:58I'm coming to it, my lord.

00:21:59Are you more familiar with hypothermia?

00:22:02Miss Tate, in these matters we are but laymen.

00:22:05Subnormal body temperature, my lord.

00:22:07Yes, I am considerably more familiar with it.

00:22:09I'm sure you are, Dr. Fulmer.

00:22:10Did not the British Medital Journal publish an estimate of 50,000 annual deaths from it?

00:22:15Yes, it's more common than we would like to suppose.

00:22:18Amongst old people living on their own?

00:22:19Yes, my lord, they're the ones principally at risk.

00:22:22Like malnutrition, they don't realise what is wrong until it's too late.

00:22:25Now, what treatment would you normally use in such a case?

00:22:28Well, if possible, I would warm the patient.

00:22:30How?

00:22:31A hot bath would be best.

00:22:32Now, why did you not use this method in this case?

00:22:35I didn't consider that hypothermia was indicated.

00:22:38Really?

00:22:39But you've told us that the body was abnormally cold to the touch.

00:22:43Now, isn't that a classic sign?

00:22:46Doctor?

00:22:47Yes, it is a sign.

00:22:48And moreover, the bathroom was extremely cold, you said?

00:22:51Yes, but I considered drowning following a heart attack as the most likely condition, and time was critical.

00:22:56Delay would be fatal.

00:22:57Yes, heartbeat and breathing must be very quickly restored.

00:23:00Did you not say in answer to my learned friend's question that there seemed to be no water in the lungs?

00:23:05Yes.

00:23:06But you applied artificial respiration all the same.

00:23:09I have explained why I did.

00:23:11Please make your point, Miss Tate.

00:23:13Well, my lord, I hardly like to.

00:23:14Well, isn't it the case, Dr. Fulmer, that in view of recent medical knowledge,

00:23:20ordinary resuscitation techniques can be fatal to a patient comatose from hypothermia?

00:23:26Yes, I believe that is so.

00:23:28Then perhaps it was you who killed Charles Oldbury.

00:23:31My lord, I must object to such a slur, aren't you?

00:23:33The case of the Queen against Povey and Povey will be resumed tomorrow in the Crown Court.

00:24:02The Cundinus of the Queen against Povey and Povey will be resumed tomorrow in the alguna movements.

00:24:04The Cundinus of the Queen against My Lord.

00:24:05The Cundinus of the Queen against Povey and Povey will be resumed tomorrow in the midnight morning.

00:24:06And now, I see you all, I see you all, I see you all.

00:24:15Kenneth Povey and his wife are accused of the murder of Charles Oldbury

00:24:41at the Pines Residential Hotel run by them

00:24:44and also of conspiring with Leonard Saxton, solicitor's clerk

00:24:48to obtain fraudulently the sum of £30,000 from his estate

00:24:51Yesterday, Defence Counsel Miss Helen Tate caused a sensation in court

00:24:56when she suggested that Dr Leslie Fulmer, the medical practitioner who attended Mr Charles Oldbury

00:25:01might have been responsible for his death

00:25:03Mr Justice Michener is addressing the jury

00:25:06Members of the jury, I would ask you to disregard the imputation brought forth yesterday

00:25:11by Defence Counsel that Dr Fulmer was irresponsible in her treatment of the deceased Charles Oldbury

00:25:18Other medical evidence will be introduced at a later point in this trial

00:25:22Then I would like you to keep an open mind as regards Dr Fulmer's treatment

00:25:27and the allegation of improper treatment

00:25:29Please call your next witness

00:25:30Detective Inspector McGovern, please

00:25:32Ian McGovern, Detective Inspector

00:25:34Fulchester City Police Force

00:25:35Please tell the court what you know of these events, Inspector

00:25:37I was on duty at City Centre Police Station on the morning of Saturday, December 1st

00:25:42where I saw Mr Leonard Saxton

00:25:43and interviewed him in the presence of Mr John Osprey

00:25:46Later that day I called at the Pines Hotel where I saw the defendants

00:25:49I told them I was investigating an alleged fraud against the late Charles Oldbury

00:25:53and had reason to believe they could assist me with my inquiries

00:25:55I asked them to accompany me to the police station

00:25:57Did they do so?

00:25:59No sir, they were not willing to do that

00:26:00I thereupon left the Pines Hotel to continue my inquiries

00:26:03and I returned to the Pines Hotel later that day

00:26:06I saw Mr Povey, I cautioned him, I arrested him

00:26:09and escorted him to the City Centre Police Station

00:26:11In the light of subsequent inquiries

00:26:13Kenneth Povey was later charged also jointly with his wife

00:26:16for the murder of Charles Oldbury

00:26:17Yes, now did you at some stage examine the plumbing at the Pines Hotel?

00:26:22Yes sir, I did

00:26:22with two other officers we carried out some experiments

00:26:26involving the hot and cold water supply to the kitchen and bathroom

00:26:28When we ran hot water into the bath to a reasonable depth

00:26:31we found that the immediate effect was to reduce the supply to the kitchen tap

00:26:36You mean as you were running the water?

00:26:38Oh that happened also

00:26:39but that was not in my view an important matter

00:26:43Certainly the bore of the pipes was too narrow

00:26:47to allow the kitchen tap and the bathroom tap to be run simultaneously

00:26:50but in addition the capacity of the hot water cylinder was inadequate

00:26:53it had been a private residence and had been replumbed to its present needs

00:26:57Yes, now what practical effect does this have on the hot water supply?

00:27:00After a bath had water been drawn off?

00:27:02Yes

00:27:02There was a period of 35 minutes till the water heated to the setting on the thermostat

00:27:0635 minutes, I see

00:27:08Well now let us turn our attention to the financial affairs of the accused

00:27:12My lord, I should like to introduce at this stage as evidence of the defendant's financial position

00:27:16the accounts for their partnership over the last two years

00:27:18No objection, my lord

00:27:19Where were these accounts, Inspector?

00:27:22They were hidden under a pile of old newspapers in a cupboard

00:27:24Are you sure that they were hidden?

00:27:28Well, it was the most unusual place to find it, my lord

00:27:30I shall be referring to these accounts in detail later, my lord

00:27:33Thank you

00:27:34Inspector McGovern, when you requested Mr. and Mrs. Povey to accompany you to the police station

00:27:39and they refused, how did they couch their refusal?

00:27:43They said they couldn't

00:27:44They hadn't the stuff available

00:27:45To look after the old people in their absence?

00:27:48Yes

00:27:48Well, you did not consider that unreasonable in the circumstances?

00:27:52No

00:27:52It would not be correct, therefore, to read any adverse interpretation into their refusal

00:27:57Do you wish to re-examine, Mr. Golding?

00:28:00Thank you, Mr. McGovern

00:28:01I call Maria Novarty

00:28:03Maria Novarty, please

00:28:05Take the Bible in your right hand and read aloud the words on the card

00:28:09Sorry, I do not

00:28:10Do you understand English, Miss Novarty?

00:28:12Oh, yes, sir

00:28:13Do you know what it means to take an oath in a court of law?

00:28:16I must tell all of the truth, sir

00:28:17Good, I don't really mind, but try calling me my lord

00:28:20Oh, yes, sir

00:28:22My lord

00:28:23Take the Bible and read aloud the words

00:28:26I swear by Almighty God that the evidence I shall give shall be the truth

00:28:31The whole truth and nothing but the truth

00:28:33You are Maria Novarty and you are employed as a domestic servant at the Pines Hotel

00:28:39Yes

00:28:40Could you tell us what your duties are, Maria?

00:28:42They are everything

00:28:43The beds and the cleaning of the rooms

00:28:46And in the night I help with the serving of the dinner

00:28:49Didn't you tell the police you also do things in the kitchen?

00:28:52I forget the dishes

00:28:53How could I forget washing the dishes?

00:28:56It's all right, Miss Novarty

00:28:56The plates and the pens every day

00:28:59How I forget that

00:29:00Now, did you wash up the night Mr. Ulrich died?

00:29:03Of course, always

00:29:05But can you remember that night in particular?

00:29:07Well, he always have his bath early and use all of the hot water

00:29:11Many time I complain, but he always do it

00:29:14Every day did he always do it?

00:29:16Oh no, he have bath every other day

00:29:18When he have bath, I put on a pan of water to get hot

00:29:22On the stove?

00:29:23That is right, for the pans and the dishes

00:29:25Now, what about the night Mr. Ulrich died then?

00:29:28Well, he got to have his bath, but the pan of water, it is not needed

00:29:32Why is that?

00:29:34The water in the tap, it is hot all the time

00:29:37The pan, it is not needed

00:29:38The water in the tap, it is hot all the time

00:29:41I see

00:29:42Now, had this happened before when someone ran a bath?

00:29:45No, when the bath water is run, always there is no hot water

00:29:50Well, then Mr. Ulrich didn't have a bath

00:29:51Oh, yes

00:29:52He go upstairs to the bathroom

00:29:54I hear water running

00:29:56Well, then how do you explain that, Maria?

00:29:58It must have been the cold water running

00:30:00My lord, I object your strongly

00:30:02Yes, yes

00:30:02That is only the witness's inference

00:30:04It is for you yourselves to decide

00:30:07Whether the water that she heard running was hot or cold

00:30:10Please phrase your question more carefully

00:30:12I beg your lord's pardon

00:30:13Miss Navarti, can you tell us what terms Mr. Ulrich was on with Mr. and Mrs. Povey?

00:30:19He didn't like them

00:30:20My lord

00:30:21Yes, yes, yes

00:30:21That is your opinion, Miss Navarti

00:30:24That the deceased didn't like them?

00:30:27He told me

00:30:28He used it to say he, Mr. Povey

00:30:31He would sell his own grandmother

00:30:33Oh, yes

00:30:34Now, one last question, Maria

00:30:37Did you at any time that evening hear anyone cry out for help?

00:30:41No

00:30:41Thank you

00:30:42Wait a minute

00:30:44This lady may have some questions for you

00:30:46Thank you, my lord

00:30:47Now, Miss Navarti

00:30:49We've heard that it takes over half an hour for the water to heat up again

00:30:52Did I say that?

00:30:54No, you didn't

00:30:55It was said by someone before you came in

00:30:57But, um, is it true, by the way?

00:30:59Si, I would say

00:31:00It is a long time

00:31:02Well, perhaps it was that amount of time

00:31:04Between the running of the water and your washing the pans and dishes

00:31:07No

00:31:08I hear the running of the bathwater

00:31:10And after four, five minutes, the water, it is still hot

00:31:16And in the tap, I felt it

00:31:17Are you sure it was hot and not just warm?

00:31:20No, it was hot

00:31:21There was no use for the water in the pan

00:31:23The point is important

00:31:24It tells us something about the time, you see

00:31:26Yes, what counsel is saying to you is

00:31:28That if the water in the kitchen tap was truly hot when you felt it

00:31:32Then the bath must have been run more than half an hour before

00:31:35Or, as you said, it wasn't

00:31:37Couldn't have been the hot water that you heard running

00:31:40With my hand I felt the water

00:31:42It was very hot

00:31:44It was colding

00:31:45Now, you come from Italy, don't you?

00:31:48Yes, I come from Italy

00:31:49Yes, and where you used to live, it was sometimes cold

00:31:52Yes, in the winter

00:31:53When you came from outside with your hands cold

00:31:55And you put them into warm water

00:31:57Did it not seem hot?

00:31:59Yes

00:31:59But my hands, they were not cold

00:32:02In the kitchen, it was warm

00:32:04Ah

00:32:06I'm very much obliged, my lord

00:32:08No further questions for this witness

00:32:10Mr. Golding?

00:32:11No, my lord, thank you

00:32:12Now, you may go, Miss Novarty

00:32:15If you can sit over there

00:32:16I call Peter Oldbury

00:32:18Peter Oldbury, please

00:32:20Peter Oldbury, what was your relationship to the late Charles Oldbury?

00:32:25His nephew

00:32:26And what other immediate family had he?

00:32:28Ah, just his two married daughters

00:32:30Many grandchildren?

00:32:31No

00:32:32So you three are his sole family?

00:32:34That is so

00:32:35How close were you?

00:32:38Ah, his daughter saw more of him than I did

00:32:40But you did see him?

00:32:42Oh yes, sometimes he would stay for a couple of days

00:32:44Other times I'd go and see him

00:32:47So that you could say your relationship was a good one?

00:32:50Oh, indeed, yes, certainly

00:32:51Now, were you aware he'd left you money in his will?

00:32:54Yes, he told me he had

00:32:56When did he tell you?

00:32:58Six years ago when Aunt Tessa died

00:32:59His wife died

00:33:01He had left everything to her

00:33:04But after she died he made out a new will

00:33:07Now, was it ever spoken of again?

00:33:09I don't remember it ever

00:33:10Coming up

00:33:11Would you please look at your uncle's will?

00:33:14You will see the three bequests contained in it

00:33:16Now, there are two female legatees named there

00:33:18Your cousins, the daughters of the deceased

00:33:20Yes, they are

00:33:22Yes

00:33:23You and his daughters were to benefit in equal proportions

00:33:26Ah, yes

00:33:27Uncle Charles really thought of me more as one of his own children

00:33:30You would therefore be considerably surprised to discover that you've been disinherited

00:33:34Well, yes, I would

00:33:37Now, was there any occasion when harsh words passed between you?

00:33:41No, not that I can recall

00:33:43Was your uncle happy at the Pines?

00:33:45I think so

00:33:46He was quite an independent old sort of chap

00:33:48He liked leading his own life

00:33:49He wouldn't have been happy

00:33:50He wouldn't have been happy making a home with me or with his daughters

00:33:55No, no, not because of ill feeling

00:33:57Oh, no, certainly not

00:33:59Now, was there any aspect of his life at the Pines

00:34:03About which he expressed concern?

00:34:07I'm sorry?

00:34:08I'm not quite...

00:34:09Yes, I think council is trying not to lead you

00:34:11Let me put it this way

00:34:12Had your uncle made any particular friend

00:34:15Amongst the other residents or staff at the hotel

00:34:18That might have affected the disposition of his estate?

00:34:22He liked several of the other residents

00:34:23But I'm sure he reckoned to outlive them

00:34:25Yes

00:34:25And the staff?

00:34:28He might have thought to leave a keepsake

00:34:29He liked Maria Novarty

00:34:32Yes

00:34:32And the proprietors?

00:34:35Oh, no

00:34:35Definitely not

00:34:36Why do you speak with such certainty?

00:34:39Simply he didn't have much time for them

00:34:40You deduced this?

00:34:42Uh, no

00:34:43He often used to speak with them in a derogatory manner

00:34:45Thank you, my lord

00:34:47I have nothing more for this witness

00:34:48I have to say, Mr. Oldbury

00:34:51That my information is somewhat at variance with your testimony

00:34:54You were asked if harsh words ever passed between you and your uncle

00:34:58If you ever had a row, in other words

00:35:00We didn't

00:35:02Well, that's at least more positive than the one

00:35:04The answer you gave to my learned friend

00:35:06Then you said none that I can recall, didn't you?

00:35:09Well, well...

00:35:10Did you visit your uncle last October?

00:35:12I may have

00:35:12Well, I can tell you that you did

00:35:14Tea for two was taken up to his room by Mrs. Povey

00:35:17I'm sure you'll recall

00:35:17About the second week in October

00:35:19Yes, I remember

00:35:20Splendid

00:35:20And do you also remember

00:35:22That your uncle angrily accused you of giving him erroneous information?

00:35:28That

00:35:28It was purely momentary

00:35:31I mean, his anger quickly passed

00:35:33I see

00:35:35Well, would you like to tell us about it?

00:35:39He had had some money available

00:35:41And I told him about some property he might put it in

00:35:44Are you an investment consultant then, Mr. Oldbury?

00:35:49I'm an estate agent, as I'm sure you're perfectly well aware

00:35:51Yes

00:35:52Just answer the questions, will you?

00:35:55And just when did you proffer this advice?

00:35:58Some months previously, I can't quite remember

00:36:00And he'd taken it and acted on it, had he?

00:36:02Yes

00:36:02The situation didn't turn out as I anticipated

00:36:05And he lost some money on it

00:36:07How much?

00:36:09About £1,500

00:36:10And you say his anger was purely momentary?

00:36:14I hardly feel most people's response would be as ephemeral in the circumstances

00:36:17He was a very generous and kindly man

00:36:19His anger was quickly over

00:36:22And he apologised for it

00:36:24I suggest his reaction was a little less forgiving than you would have us believe

00:36:28Are you suggesting that this witness has intended deliberately to deceive the court?

00:36:34No, my lord, but I am not accepting his evidence-in-chief without qualification

00:36:37And, more importantly, that Charles Oldbury may have had a reason for altering his will

00:36:42Oh, yes, yes, let's get on

00:36:44I have no further questions for this witness, my lord

00:36:46Mr. Golding?

00:36:47One point, my lord

00:36:48Mr. Oldbury, you said earlier that your uncle was in the habit of staying with you for a couple of days

00:36:53Yes, he was

00:36:54Now, did he by any chance come and visit you after you'd had those few words in his room that day?

00:36:59He stayed with us for the weekend

00:37:00He stayed at your house?

00:37:03Yes

00:37:03First week in November

00:37:05Were any more words exchanged?

00:37:08But heavens no

00:37:09It was all very relaxed

00:37:10I mean, he enjoyed being with us and we enjoyed having him

00:37:14Thank you, Mr. Oldbury

00:37:15You may stand down, Mr. Oldbury

00:37:17Call Dr. Stanhope, please

00:37:19Dr. Stanhope, please

00:37:21Dr. Stanhope, did you carry out a post-mortem examination on the body of Charles Oldbury in November last year?

00:37:27I did

00:37:28Will you please tell the court your findings?

00:37:31I formed the opinion that death was from cardiac arrest

00:37:34Heart failure, my lord

00:37:36Would you have expected that from his general physical condition?

00:37:40I found no significant evidence of cardiovascular disease

00:37:44For a man of his age, he was in good condition

00:37:46Then what, in your view, could have brought it about?

00:37:49An analysis of tissue samples points to an extremely low body temperature at the time of death

00:37:56Possibly less than 25 degrees centigrade

00:37:58Without proper treatment, the heart would beat increasingly slowly and would eventually stop

00:38:04Thank you, you'll be most helpful, Dr.

00:38:06Do you wish to cross-examine, Mr. Stanhope?

00:38:08Thank you, my lord, yes

00:38:09I would ask your indulgence, doctor, if my questions seem excessively naive

00:38:13Now, this very low body temperature that you speak of, um, hypothermia, isn't it?

00:38:18Yes, that is its name

00:38:19And yet you referred to, um...

00:38:21Cardiac arrest

00:38:22Exactly so

00:38:23The hypothermia would be a predisposing condition

00:38:26Ah, understood

00:38:27Now, and, uh, you must forgive me if this is foolish

00:38:30Is there not a condition known as fibrillation which could lead to heart stoppage?

00:38:35There is, and it could

00:38:36What is this condition, please, doctor?

00:38:38Fibrillation, my lord, is the uncoordinated, irregular activity of the muscle fibres of the heart

00:38:44When it takes to be serious

00:38:45Without the immediate use of electric shock equipment, my lord, it could lead to death

00:38:51Now, obviously, you examined the body carefully for marks of injuries

00:38:55Hmm?

00:38:57I'm so sorry

00:38:58Is that a question?

00:39:00It was

00:39:00Well, of course I examined the body for marks of injury

00:39:03There were none, apart from what one would expect from resuscitation techniques

00:39:07And what were those?

00:39:08Um, rib fractures over the heart

00:39:10Good heavens

00:39:11It is to be expected with external cardiac massage, especially where the patient is elderly

00:39:16I see

00:39:16But apart from these therapeutic injuries, there were no other marks?

00:39:20No scratches as if the deceased had been forcibly restrained from getting out of the bath?

00:39:24I found none

00:39:25No marks of any kind?

00:39:26However insignificant or superficial?

00:39:29Oh, only skin discoloration

00:39:32Where?

00:39:32On the chest

00:39:33And what did you assume it to be?

00:39:35I took it to be a pressure mark from the heart massage

00:39:39A pressure mark?

00:39:40Bruising

00:39:42Thank you, Dr. Stanoff

00:39:43Thank you very much indeed

00:40:03The truth, the whole truth, and nothing but the truth

00:40:07George Andrew McIver, Professor of Medicine at the University Hospital of Fullchester

00:40:12Now, I think you're familiar with the medical findings in this case, Professor

00:40:16I have studied the deposition of Dr. Fulmer and the pathological notes of Dr. Stanoff

00:40:21Good

00:40:22Now, I believe you're especially interested in the problems of human survival in sub-zero temperatures

00:40:27And have, in fact, acted as advisor on various government-sponsored visits to the Antarctic

00:40:33That is correct

00:40:34Now, with this background, the condition and treatment of hypothermia must be very familiar to you

00:40:39It is

00:40:39Would you be so kind as to explain its effects to us?

00:40:44The normal body temperature is 25 degrees centigrade

00:40:47When the body falls to about 33 degrees, there will be loss of consciousness

00:40:52Below 27 degrees, the respiration and heart rate will become virtually undetectable

00:40:59At this stage, the borderline between life and death becomes ill-defined

00:41:04Would you say that this was a condition similar to that of drowning?

00:41:08Well, of course, it's an entirely different thing

00:41:11But having said that, there are circumstances in which it would be extremely difficult to distinguish between the two

00:41:18Would the same treatment be appropriate to both cases?

00:41:21Emphatically not

00:41:22Now, have there not been some very recent studies in this field?

00:41:26There have indeed

00:41:27As recently as October 1973, studies of hypothermia treatment were reported in the proceedings of the Royal Society of Medicine

00:41:36You see, I do want to be fair about this

00:41:38Dr. Fulmer is not on trial here today

00:41:41But we do have to establish the probabilities of the situation

00:41:44Now, would you say that normal resuscitation techniques, as for drowning, have sometimes been applied to cases of hypothermia?

00:41:51Oh, no doubt of it

00:41:53And could this bring about the death of the victim?

00:41:55Perfectly possible

00:41:56But these hazards of treatment, until recently, have been imperfectly understood by the majority of medical practitioners

00:42:03Now, I ask this in order to be fair

00:42:05Your constant anxiety, to be fair to Dr. Fulmer, does you credit, Miss Tate?

00:42:10Yes, this area of research has become particularly relevant because of the recent upsurge in boating and the resulted increase in accidents at sea

00:42:20The activity where you might expect to encounter both conditions?

00:42:23Yes, indeed

00:42:23And it is hard to tell the difference?

00:42:25It can be

00:42:26And since time is not on one side in either case, it often is

00:42:30What would a trained observer look for in hypothermia?

00:42:34Well, as I said, the heart rate and respiration would be imperceptible

00:42:38The pupils widely dilated

00:42:40The body temperature, the body particularly cold to the touch

00:42:44To some extent, one would judge by the circumstances in which the victim was found

00:42:49Obviously, if it were known that the person had not been long in the water, one would infer drowning rather than hypothermia

00:42:58Now, given the circumstances in which Charles Overy was found, would you have applied immediate artificial respiration?

00:43:04My lord, I object

00:43:05Yes, yes, one moment, Miss Tate

00:43:07Professor, what would be your first action on being called upon to attend a patient whose circumstances and condition were such

00:43:14So ambiguous, in fact, that you couldn't tell whether it was hypothermia or drowning?

00:43:20Oh, if the body were remarkably cold in the given circumstances, I think I should presume hypothermia

00:43:26And restore the patient to a viable temperature

00:43:30Before doing anything else?

00:43:31Yes

00:43:31How would you restore temperature?

00:43:33A hot bath

00:43:33Wouldn't that cause shock?

00:43:35No, no, no

00:43:36Water, say, of 44 to 46 degrees centigrade

00:43:40It would be unwise to attempt any other therapy until the body was sufficiently re-warned

00:43:46What could happen?

00:43:47Well, below 25 degrees, the heartbeat would be so minimal

00:43:52That excessive stimulation might induce ventricular fibrillation

00:43:56Without proper equipment, this would be irreversible

00:43:59Would you be so kind as to take us through Dr. Fulmer's deposition?

00:44:03Mm-hmm

00:44:04Well, having made her assessment, she commenced mouth-to-mouth ventilation and external cardiac massage

00:44:14During this, she carried out auscultation to determine progress and reveal the extent of fluid in the lungs

00:44:20Now, that is presumably conventional treatment on the basis that the patient has drowned

00:44:24Oh, yes

00:44:25Then what would be the likely effect of this treatment had Mr. Oldbury been suffering from hypothermia?

00:44:30Well, I have indicated it could be dangerous

00:44:34Because he was too cold?

00:44:35Exactly

00:44:36And he may die

00:44:38Unless dead already

00:44:40But we know he wasn't dead, Professor

00:44:42The pathologist has told us that there were fractured ribs over the heart

00:44:46Well, it's not uncommon in cardiac massage

00:44:48Considerable force is involved

00:44:50So we understand

00:44:51He also told us that there was a bruise on Mr. Oldbury's chest

00:44:54Now, what could that be?

00:44:55Well, a thump with a clenched fist over the heart is one of the first things one would do to restart it

00:45:00What is a bruise, Professor McIver?

00:45:03Well, it's skin discoloration

00:45:06Yes, that's exactly what Dr. Stanhope said

00:45:08But what causes this discoloration?

00:45:11Hemorrhaging of small blood vessels

00:45:13Bleeding?

00:45:14Yes

00:45:14After death?

00:45:16No

00:45:17Are you saying that absolutely no, Mark, would appear after death?

00:45:20Any substantial bruising could not occur

00:45:22But if circulation was induced by cardiac massage

00:45:25Then a little bleeding could occur

00:45:27And could Mr. Oldbury's bruising be considered substantial?

00:45:31Well, a hammer blow with a clenched fist

00:45:34The pathologist found discoloration

00:45:37Technically correct

00:45:38Yes, Mr. Golding, in your examination in chief of Dr. Stanhope

00:45:41The degree of bruising was not established

00:45:44No, it was not brought out at all, my lord

00:45:46It was referred to only in the cross-examination of my learned friend

00:45:48Yes, sir, it was

00:45:49I think this point should be looked at

00:45:50Very well, my lord

00:45:51Miss Tate

00:45:52I agree, my lord

00:45:52Yes

00:45:53Ask Dr. Stanhope to come up now, please

00:45:55Professor, would you mind standing aside for one minute?

00:46:01You are still on oath, Dr. Stanhope?

00:46:03Yes

00:46:04Doctor, you will have heard the opinions expressed by the last witness

00:46:07And obviously you will appreciate the significance of the bruising

00:46:10As a pointer to time of death

00:46:11Yes, my lord

00:46:12Can you be more precise about the nature of the bruising over the heart?

00:46:17It was substantial

00:46:18Consistent with a blow to restart the heart

00:46:21Of an intensity not to be expected

00:46:25If the blow had been struck after death

00:46:27That would be my opinion, my lord

00:46:29Thank you, Dr. Stanhope

00:46:30I have no further questions for Professor MacIver, my lord

00:46:33Do you wish to cross-examine the professor?

00:46:36Yes, my lord

00:46:36Professor, I have just one point that I wish to make very clearly

00:46:40This condition of fibrillation we have heard so much about

00:46:43It is only a possible outcome of Dr. Fulmer's treatment

00:46:46I would rate the possibility fairly high

00:46:50I see

00:46:51Nevertheless, it must remain conjectural

00:46:53Thank you, Professor

00:46:55Yes, Professor

00:46:56I take it that the absence of fluid in the lungs

00:47:00Established by Dr. Fulmer's evidence and the autopsy report

00:47:04Does dismiss drowning?

00:47:07Yes, my lord

00:47:08Thank you, Professor

00:47:10Yes, sir, you may go, Miss Tate

00:47:11I call Margaret Ellen Povey, my lord

00:47:14You're Margaret Ellen Povey

00:47:18And you are proprietor of the Pines Residential Hotel, Forchester

00:47:21Yes, ma'am

00:47:22Do you know Leonard Saxton?

00:47:25Yes

00:47:25How well do you know him?

00:47:27He was my lover

00:47:28Yes, sir, you may go, Miss Tate

00:47:30Yes, sir, you may go, Miss Tate

00:47:31Yes, sir, you may go, Miss Tate

00:48:01Povey and Povey will be resumed tomorrow in the Crown Court

00:48:04Yes, sir, I have a visit to Annie

00:48:06Yes, sir, I have a visit to you

00:48:08Ok, let me go sollte

00:48:11Forrest G cancerous

00:48:13Yes, sir

00:48:16I need you

00:48:18An passport

00:48:24FACIL

00:48:30Kenneth Povey and his wife are accused of the murder of Charles Oldbury

00:48:43at the Pines Residential Hotel run by them

00:48:46and also of conspiring with Leonard Saxton, solicitous clerk,

00:48:50to obtain fraudulently the sum of £30,000 from his estate.

00:48:54Yesterday, Mrs Povey told the court that Leonard Saxton,

00:48:57the principal witness for the prosecution, had been her lover.

00:49:00Mrs Povey, you will understand that the court requires to know about your relationship

00:49:04with the chief witness against you. You do see that?

00:49:07Yes, ma'am.

00:49:08Right. Now, will you please tell the court what happened on the evening of November the 22nd?

00:49:14Dinner was served at the usual time, a quarter to seven.

00:49:17Mr Oldbury had been out to the cinema that afternoon and had got a bit cold.

00:49:21It was freezing all day and he told me that the cinema had been very cold.

00:49:26He didn't look very well.

00:49:27I said that instead of having coffee in the lounge with the others after dinner,

00:49:31he should run a hot bath and I'd get Maria to bring him up a drink to his room later.

00:49:36Was this usual, looking after a resident like this?

00:49:39Oh, yes. We really tried to make them feel at home.

00:49:42It doesn't help if they get ill. We just couldn't manage.

00:49:45No, I see that. And did he do as you suggested?

00:49:47Yes, he left the table and went upstairs.

00:49:50And ran the hot water?

00:49:50Well, I assume so. I heard the water running.

00:49:53Now, what was Maria doing at this time?

00:49:56Clearing the dining room.

00:49:58Not washing up?

00:49:59Oh, no. She had the coffee to serve in the lounge first.

00:50:01I see. Now, how long between the clearing of the dining room and her washing the pans and dishes?

00:50:07Oh, 20 minutes.

00:50:08Then if Mr. Albury started to run the hot tap when he left the table,

00:50:13and Maria heard it running when she was washing the pans and dishes,

00:50:16it must have been running for a whole 20 minutes.

00:50:18Oh, that isn't what happened.

00:50:19Well, would you please tell the court what did happen?

00:50:21Mr. Albury left the dining room and went upstairs.

00:50:24He went into the bathroom and turned on the hot tap and then went to his room.

00:50:28He couldn't find his bath towel, so he came down again,

00:50:32turned off the hot tap, and then he came to find me.

00:50:34How do you know that this is what happened?

00:50:36Because I said I would get him a towel and put it in the bathroom ready for him.

00:50:40When I went up, the bath had hot water in it.

00:50:43And where was Mr. Albury?

00:50:44He'd gone to his room to get undressed.

00:50:46I see. What was the next thing you heard?

00:50:49The sound of water running again.

00:50:50And what did you assume it to be?

00:50:52Mr. Albury running the cold in.

00:50:54After 20 minutes, on such a cold night?

00:50:57Well, the water was very hot, and he'd run a lot in.

00:51:00Now, where were you when this happened?

00:51:02I was in the kitchen helping Maria.

00:51:04And yet we've heard Maria state that the water, when she felt it in the kitchen tap,

00:51:08was hot, sufficiently so that she did not require the pan of water

00:51:11that she'd put on the stove to heat.

00:51:13But Detective Inspector McGovern has told us that it took 35 minutes

00:51:17for the water to heat up again.

00:51:18So surely after only 20 minutes, the water would be tepid at the most.

00:51:23That is easily explained, my lord.

00:51:24I'd be greatly obliged if you would do so.

00:51:26When it's very cold, my husband turns the thermostat up.

00:51:30On the hot water tank?

00:51:31Yes, it's an immersion heater.

00:51:34Had he done so on this occasion?

00:51:36Oh, yes.

00:51:36I said, Ken, it's so cold, you'd better turn the heater up.

00:51:40Did you actually see him do it?

00:51:42Yes, my lord.

00:51:44And was it turned down again after the cold spell had passed?

00:51:48Yes, I did.

00:51:49The weekend was very mild again, and it's a waste of electricity.

00:51:52Yes, now let's see.

00:51:53This would be the weekend of the 24th, 25th of November.

00:51:57Yes, my lord.

00:51:58Well, this must affect the police experiments.

00:52:00Perhaps Detective Inspector McGovern could be recalled, my lord.

00:52:02Mr. Golding.

00:52:03I have no objections, my lord, when Mrs. Povey has finished her evidence.

00:52:05Yes, yes, yes.

00:52:06Carry on, Miss Tate.

00:52:07My lord.

00:52:08So you were saying, Mrs. Povey, that you were helping Maria with the washing up.

00:52:11Is that right?

00:52:12Yes, ma'am.

00:52:13Now what happened next?

00:52:14When Maria had finished the washing up, I let her go.

00:52:17But what about Mr. Olbera's hot drink?

00:52:20Maria's a Catholic, wanted to go to confession.

00:52:22So I said not to bother.

00:52:24I'd do his drink.

00:52:25And did you?

00:52:26Yes, I made him some drinking chocolate and took it up to his room.

00:52:29About what time was that?

00:52:30About nine.

00:52:31And was Mr. Olbera there?

00:52:32No.

00:52:33What did you think?

00:52:34That he was still in the bath.

00:52:36The bathroom door has frosted glass panes, and the light was still on.

00:52:41I just left the drink in his room.

00:52:43Now will you tell the court what took place later?

00:52:46About eleven o'clock.

00:52:48I went round the house switching out the lights, and the light was still on in the bathroom.

00:52:52I opened the door, and there was Mr. Olbera, and I ran for my husband.

00:52:58Now wasn't it unusual for the door not to be locked?

00:53:00Well, there is a lock, but the residents are not encouraged to use it.

00:53:04Yes, I see.

00:53:04A sensible precaution.

00:53:06But had not any of the other residents wanted to use the bathroom during all this time?

00:53:10Well, they would have seen that it was occupied.

00:53:12And there is another one, and a separate toilet.

00:53:14A lavatory, a separate lavatory.

00:53:16Yes, my lord.

00:53:17So you ran for your husband?

00:53:19Yes.

00:53:20He was in the lounge watching television.

00:53:22I said, come quick, Ken.

00:53:23It's Mr. Olbera.

00:53:24Now was anyone else in the room when you said this?

00:53:26No.

00:53:27They'd all gone to bed.

00:53:27They don't stay up late.

00:53:29We got Mr. Olbera out of the bath, and then I rushed down and phoned for the doctor.

00:53:33That's Dr. Fulmer?

00:53:34Yes.

00:53:35The call went through to Dr. Fulmer, although it is Dr. Everett who usually comes.

00:53:38And did you then go back to the bathroom?

00:53:40Yes.

00:53:42I didn't like to stay.

00:53:43He was such a nice old man.

00:53:45Yet it has been said, Mrs. Povey, that he didn't think very much of you or your husband.

00:53:50I don't know why anyone would say that.

00:53:51We liked him and he liked us.

00:53:54Did you run the bathwater away?

00:53:56Yes.

00:53:57Before you got him out?

00:53:59After.

00:53:59Why did you do that?

00:54:01It seemed quite natural.

00:54:04Sort of tidy, I suppose.

00:54:06Now you told your husband that the doctor was coming, but you didn't stay.

00:54:10Yes.

00:54:11The doctor came very soon after that.

00:54:12I let her in and I didn't see Mr. Olbera again.

00:54:16Right.

00:54:17Now I want you to think about something else, Mrs. Povey.

00:54:20When did you first meet Leonard Saxton?

00:54:23A year ago, last Christmas.

00:54:25And what were the circumstances?

00:54:28He'd come to see Mr. Olbera about some business.

00:54:31Mr. Olbera always kept a bottle of sherry in his room and he invited Ken and I to join him and Leonard in a pre-Christmas drink.

00:54:38And what was the next occasion when you met him?

00:54:40He telephoned one morning to ask Ken and I if we'd have a drink with him in the castle before lunch.

00:54:46I told him Ken was out and he said, would I like to come?

00:54:49And I did.

00:54:51Why did you?

00:54:52There seemed no reason not to.

00:54:54He was nice enough.

00:54:55And did you meet him again after that?

00:54:56Yes, lots of times.

00:54:58How often?

00:54:59I don't know.

00:55:00About once a week.

00:55:02Where did you meet him?

00:55:03In the park.

00:55:05In the cinema sometimes.

00:55:07And what did you do?

00:55:08Made love.

00:55:09That isn't true!

00:55:10Silence!

00:55:12Was your husband aware of what was going on?

00:55:14No ma'am, not then.

00:55:15Let's be clear about this.

00:55:16Earlier you said Saxton became your lover.

00:55:19Now you say you made love.

00:55:20Yes ma'am.

00:55:20I do wish people wouldn't beat about the Bush mistake.

00:55:23It's a not uncommon biological activity.

00:55:25So you met Saxton about once a week and you were occasionally intimate?

00:55:30Yes.

00:55:30How long did this liaison go on?

00:55:33Until the summer.

00:55:34And why did it stop then?

00:55:35I thought it ought to end.

00:55:36Oh, not a belated sense of guilt, surely.

00:55:39Why did you do that?

00:55:40He was getting too intense.

00:55:42Everything she's saying is lies!

00:55:44Yes, quiet!

00:55:44Mr Saxton, you may have an opportunity to speak again later, but you must not interrupt the proceedings.

00:55:50Yes, Miss Tate.

00:55:51My lord, in what manner too intense?

00:55:54Too demanding.

00:55:55He wanted me to leave my husband and go away with him.

00:55:58Now during this time that you had the relationship, did he ever discuss money?

00:56:01Yes.

00:56:02In what context?

00:56:04Well, he knew we were having trouble over finances and he said he would like to assist.

00:56:08He'd won a lot of money on the national, he said.

00:56:10Did you believe him?

00:56:11Oh yes, he used to bet heavily.

00:56:13And did he assist you with money?

00:56:15No.

00:56:16The winning soon went.

00:56:17How did he take it when you decided enough was enough?

00:56:21Very badly.

00:56:22He said he got into debt because of me.

00:56:24What exactly did he mean?

00:56:25Well, he accused me of leading him on and pretending that I was going to run away with him.

00:56:30And that's why he'd been betting so heavily.

00:56:32And had you led him along?

00:56:34In a way, yes.

00:56:36I did like him a lot.

00:56:38But I never said I'd leave my husband.

00:56:40Now when did you bring things to a head, Mrs. Povey?

00:56:43The end of July.

00:56:44And did he ever suggest that you might repay this money that he claims to have spent on you?

00:56:49Yes.

00:56:50He asked for 500 pounds or he'd go to my husband.

00:56:52What did you do?

00:56:53I told Ken first.

00:56:55Wasn't that a bit hasty?

00:56:57Leonard was getting very nasty by that time and I didn't know where it would all end.

00:57:02You feared blackmail?

00:57:03Yes.

00:57:05Nevertheless, we do know that in August he did obtain 500 pounds from your husband.

00:57:10Well, Ken said that if...

00:57:12Yes, it's all right, Mrs. Povey.

00:57:13I'll ask your husband about that.

00:57:15Now, did you see much of Saxton after you'd broken with him?

00:57:18Hardly at all.

00:57:19But he did come to the Pines, didn't he, to see Mr. Overy?

00:57:22I used to avoid him.

00:57:23He would only say nasty, vindictive things to me if he saw me.

00:57:26The telephone at the Pines.

00:57:28It's in the hall, is it not?

00:57:30Yes, it is.

00:57:32November the 5th was a Monday.

00:57:33Do you remember that particularly?

00:57:35Yes, my husband went up to London that day.

00:57:38My lord, Kenneth Povey kept an appointment with a consultant in Wimple Street that day

00:57:42in connection with an insurance policy medital.

00:57:44I'm prepared to call the consultant.

00:57:46As my loan of trade would tell the court what time the appointment was kept.

00:57:49I'm grateful to my loan friend.

00:57:50Mr. Povey was seen at 12.30, my lord.

00:57:52I'm obliged.

00:57:54Now, Mrs. Povey, you drove your husband to the station that morning.

00:57:58What time?

00:57:59For the 8.15 train.

00:58:00And when did you next see him?

00:58:02Not until about six in the evening.

00:58:04But Leonard Saxton says that your husband telephoned him about midday.

00:58:09There are such things as long-distance telephones, Miss Tate.

00:58:12I'm aware of that, my lord.

00:58:14But is it likely that Povey would have conducted a call of this kind whilst waiting to see a doctor?

00:58:18Now, Mrs. Povey, did you see Charles Oldbury use the telephone that day?

00:58:24Yes, I did.

00:58:25At what time?

00:58:26About midday.

00:58:28Thank you, Mrs. Povey.

00:58:29Yes, Mrs. Golding.

00:58:31You've told us, Mrs. Povey, that Mr. Oldbury ran a bath.

00:58:36You've told us that the water was very hot and he'd run a lot in.

00:58:40Now, it was below freezing outside, yet notwithstanding these classic conditions for condensation,

00:58:45Dr. Fulmer found no trace of moisture on the window.

00:58:48Now, how can that possibly be?

00:58:49Well, it was hours later when she came.

00:58:52But the bathroom door was closed all the time, and the water would have remained hot for a good while,

00:58:55yet when Dr. Fulmer arrived, the bathroom was very cold and the window glass was dry.

00:59:02I put it to you, Mrs. Povey, that there never was hot water in that bath.

00:59:05No, no, that's not right.

00:59:07I suggest to you what really happened was that you offered to run his bath whilst he was changing,

00:59:12and that you filled it with cold water,

00:59:14and that the whole point about this missing towel and turning up the thermostat

00:59:17was merely to divert attention from the interesting fact that the water in the kitchen tap

00:59:22was still scalding hot immediately after a bathful of supposedly hot water had been run off.

00:59:26It's not true, none of it, and he knows it.

00:59:29I put it to you, Mrs. Povey, that this was planned throughout by you and your husband.

00:59:33No, no, we didn't.

00:59:34That a bath of cold water should be drawn on a night when the temperature was below freezing,

00:59:37and that this old man, well over 70, having unknowingly bequeathed a large sum of money to you,

00:59:43would be kept in this icy cold water until he should lose consciousness.

00:59:46Whereupon, knowing him to be dead, you would pour water over his head,

00:59:50run away the incriminating cold water, and wrap his near-frozen body in a hot towel

00:59:55to confuse the diagnosis when the doctor arrived.

00:59:57That is what you planned, and that is what you did.

01:00:00No, we didn't. How stupid can you get?

01:00:03How could you keep a grown person in the bath against their will?

01:00:06In your outburst a few minutes ago, you asked a question, Mrs. Povey.

01:00:27How indeed could you restrain a poor old man from getting out of his bath?

01:00:30Well, I shall show you the answer to that question, Mrs. Povey.

01:00:34You are, I believe, a state-registered nurse.

01:00:37I am.

01:00:38Indeed, you became a theatre sister, I believe, during your 12-year service.

01:00:42Yes.

01:00:42Did you ever work at Thornhill?

01:00:45Yes.

01:00:46Which department?

01:00:48Maternity.

01:00:48And who was head of the department while you were there?

01:00:51Professor Jacobson.

01:00:52Yes, and did not Professor Jacobson pioneer a new approach to analgesia in childbirth?

01:00:58Well, he certainly had very...

01:00:59Is it not a fact that Professor Jacobson introduced at Thornhill whilst you were there

01:01:03the use of hypnosis for mothers in labour?

01:01:07Well?

01:01:09Yes.

01:01:10Yes.

01:01:13Hypnosis, a sleep-like state in which the mind responds to external suggestion.

01:01:18Like suggesting ice-cold water is warm, Mrs. Povey.

01:01:23Thank you, my lord.

01:01:24One question, my lord.

01:01:26Mrs. Povey, have you ever taken instruction in the art of hypnotism?

01:01:30Or ever attempted to practice it?

01:01:33Never.

01:01:34Thank you, Mrs. Povey.

01:01:35You may return to the dock.

01:01:37My lord, perhaps it would be a convenient time to recall the police officer.

01:01:40Yes, recall, Detective Inspector McGovern.

01:01:43Mr. Golding, I think Mr. Saxton should be recalled as well.

01:01:46You are still under oath, Mr. McGovern.

01:01:48I remember that in your evidence you told us that you carried out certain experiments

01:01:51on the plumbing at the pines.

01:01:53Can you tell us the exact date?

01:01:55Please consult your notebook.

01:01:57It was Tuesday, December the 4th, my lord.

01:02:00Yes, and you said, did you not, that it took 35 minutes for the water to heat up to the

01:02:04thermostat setting.

01:02:05Yes, my lord.

01:02:06Now, if the setting was higher, would it not take longer to heat up?

01:02:09Normally, yes.

01:02:10But in this case, the hot water cylinder was too small for the demands made on it.

01:02:14And a double heating element had been installed.

01:02:17This came on automatically above the normal setting of 140 degrees.

01:02:19So, if the setting was higher, say, 160 degrees, the water would heat up that much more quickly?

01:02:25Well, that is my understanding, my lord, yes.

01:02:27You see, the difference is as between the 35 minutes with the thermostat at the normal

01:02:32setting and the 20 minutes claimed by the defendant.

01:02:35Now, would the water heat up 15 minutes more quickly?

01:02:39Well, with both heating elements on, the consumption is three kilowatts, as against two kilowatts

01:02:44at the normal setting, my lord.

01:02:45So, mathematically, I should say, it's therefore likely.

01:02:48Thank you, Mr. McGovern.

01:02:49Any questions?

01:02:50You may go.

01:02:52Recall Mr. Saxton, please.

01:02:55You are still on oath, Mr. Saxton.

01:02:57Hello.

01:02:57Sorry, Mr.

01:02:58My apologies, my lord.

01:02:58Let me remind you, Mr. Saxton, that in re-examination, you specifically denied having any personal

01:03:03dealings with Mrs. Povey.

01:03:05Now, do you stand by that?

01:03:06Yes, I do.

01:03:07Did you have a drink with Charles Albury and the two defendants in Mr. Albury's room

01:03:11the Christmas before last?

01:03:12Yes.

01:03:13I see.

01:03:14And did you shortly after telephone to the Pines and speak to Mrs. Povey and as a result

01:03:19meet her in the bar of the castle for a drink?

01:03:20Yes.

01:03:21By herself?

01:03:22She was alone?

01:03:23Yes.

01:03:23Are you in the habit of asking married women out alone for drinks at an hotel?

01:03:26No, my lord.

01:03:27Why did you on this occasion?

01:03:28It just seemed a sociable thing to do, my lord.

01:03:32And did you make further plans to see her?

01:03:34No, sir.

01:03:34Then if she says, as you have heard her do, that you and she met regularly, that would

01:03:39be untrue?

01:03:39Definitely untrue.

01:03:41And did you at any time have sexual intercourse with her?

01:03:43No.

01:03:44Did you ever touch her?

01:03:46The expression I believe is petting.

01:03:48I only ever kissed her, my lord.

01:03:49Are you seriously saying that you kissed this woman, and yet you were able earlier to deny

01:03:55to this court that you had any dealings with her?

01:03:58It happened once, and that was all.

01:04:00It was never referred to again by either of us.

01:04:03In what circumstances did it occur?

01:04:05I had one a lot on the National, and I saw her in the town centre that Saturday evening

01:04:10and suggested we had a drink.

01:04:11We went into the castle, and I bought her a Jubonian soda.

01:04:16I was so pleased with life, I suddenly kissed her.

01:04:19And what was her reaction?

01:04:20She said, I'll have to keep an eye on you.

01:04:23And that was it.

01:04:24Did anything of a similar nature ever occur again?

01:04:27No, my lord.

01:04:27I see.

01:04:29Yes, Mr. Golding?

01:04:30Yes, my lord.

01:04:30Miss Tate?

01:04:31No, Mr. Saxton, you may return to your seat.

01:04:33I call Kenneth Povey, my lord.

01:04:37You are Kenneth John Povey, proprietor of the Pines Residential Hotel, Forchester.

01:04:41Yes.

01:04:42Mr. Povey, why did you need to raise money last April?

01:04:45Well, I had to spend a lot on the Pines.

01:04:47The council said I had to put in fire escapes, the upstairs landings, and the wiring had to

01:04:51be entirely redone, and also we built on a sun lounge.

01:04:54I found myself faced with £4,000 worth of work.

01:04:57So it wasn't high living?

01:04:59Far from it.

01:05:00Did this situation worry you?

01:05:02Yes, it did a bit.

01:05:02What did you do about it?

01:05:04Well, I mentioned it to Mr. Saxton, and he put me in touch with a mortgage broker.

01:05:07Ah, yes.

01:05:07And Mr. Pocock, wasn't it?

01:05:09That's right, and he fixed me up with a second mortgage for £4,000.

01:05:12Just adequate to cover the building costs, so you weren't exactly flushed thereby.

01:05:16No.

01:05:17You were scarcely able to offer to lend money to all and sundry.

01:05:21Hardly.

01:05:22But you did offer to lend Saxton £500 in August.

01:05:26No.

01:05:26Well, we have evidence of your bank statement and a paying-in slip of Mr. Saxton's bank to

01:05:32prove that this amount of money did pass between you.

01:05:34I wasn't a loan, and I didn't offer it.

01:05:36Because what Maggie told me, I phoned Saxton.

01:05:42I told him I knew all about him and Maggie and how he tried to blackmail her.

01:05:47He said various things about her.

01:05:49And I ended up by saying I wouldn't want him to be one penny piece out of pocket on account of my wife.

01:05:54I sent him a cheque for £500 and a note saying neither my wife nor I ever wanted to see him again.

01:06:00You see, I don't really regard that as an offer, as the word is generally meant.

01:06:06But despite your note, you did see him again.

01:06:08Well, I had no choice.

01:06:09He used to visit Mr. Oldbury, and inevitably our paths crossed.

01:06:13Did you never think to tell Mr. Oldbury about this?

01:06:16Well, you couldn't really.

01:06:17It wasn't his business.

01:06:18If I may say so, Mr. Povey, you seem to be a very forgiving man.

01:06:22I'll never forgive him.

01:06:23No, I meant your wife.

01:06:25Oh.

01:06:27Well, that's what marriage is about, isn't it?

01:06:29As a result of all this, how has it left your relationship with your wife?

01:06:34Well, I think we value each other more than ever because of it.

01:06:37Well, we both realize we drifted into something rather silly,

01:06:41and that someone else was trying to make something out of it.

01:06:44Thank you, Mr. Povey.

01:06:46Mr. Golding.

01:06:47Thank you, my lord.

01:06:49You tell us that the 4,000 pounds raised by a second mortgage

01:06:52was for necessary improvements to your hotel.

01:06:55That's right.

01:06:56Was that the sole reason you needed the money?

01:06:58I'm sorry, I don't quite follow you.

01:06:59Oh, surely, I haven't just propounded a conundrum.

01:07:02These decamps found under a pile of old newspapers in a cupboard.

01:07:05Do you normally keep your business records in such a place, by the way?

01:07:08Excuse me, is that question serious?

01:07:10Perfectly serious.

01:07:11Of course not, obviously.

01:07:12They were picked up by mistake.

01:07:14I see.

01:07:16Well, looking through them, I see there is an item of accumulated profit

01:07:18given us 7,000 pounds.

01:07:20Now, what happened to that money, Mr. Povey?

01:07:22It must be around and mixed up in various investments.

01:07:24In that case, why didn't you realize some of them

01:07:26instead of bothering with an expensive second mortgage?

01:07:29Well, Mr. Povey,

01:07:30the truth is that it isn't just around, is it?

01:07:35Do you know the firm Fairclough, Geddes & Company?

01:07:38I've heard of them.

01:07:39I'm perfectly sure you have, to your lasting regret.

01:07:42Share dealings and them were suspended 18 months ago.

01:07:45Subsequently, they went into liquidation.

01:07:46An inspection of the Register of Shareholders

01:07:48show you as the owner of 4,000 shares.

01:07:52Now, at the time you bought, they will have cost you 7,000 pounds.

01:07:55What if it are you didn't get out in time?

01:07:57No man wants to be reminded of his mistakes.

01:07:59Is that why you hid the accounts?

01:08:00I told you I did not hide them!

01:08:02So you did.

01:08:03My apologies.

01:08:05That is all, my lord.

01:08:08Do you wish to re-examine?

01:08:09No, my lord.

01:08:10That concludes the case for the defence.

01:08:14Mr. Golden.

01:08:15My lord.

01:08:16Members of the jury,

01:08:18there are few things more detestable

01:08:19than the battening by heartless rogues on the elderly.

01:08:22Now, we cannot know which of the accused was the dominant figure,

01:08:25but I ask you to speculate a moment on the nature of a woman

01:08:28who can stand before a naked old man

01:08:30who is trembling in a bath of cold water

01:08:32and compel him to believe that that water is warm,

01:08:35and then, after the deed,

01:08:37wet his head and warm his body in a hot towel

01:08:39to persuade the doctor he has drowned after heart failure.

01:08:43But the one solid piece of evidence against them

01:08:45is Maria Novarty's uncompromising memory

01:08:47of the scalding hot water in the kitchen tap at that time.

01:08:50Remember, too, the state of the bathroom window,

01:08:53members of the jury.

01:08:54A closed room in which a bath of hot water

01:08:57is supposed to have lain,

01:08:59freezing temperatures outside,

01:09:01and yet no sign of condensation within.

01:09:04In cunning and ingenuity,

01:09:06this was a murder of more than usual repugnance.

01:09:08And for what?

01:09:09So that Kenneth Povey and Margaret Ellen Povey

01:09:11can benefit dishonestly by an old man's will.

01:09:16Members of the jury,

01:09:16I ask for a verdict of guilty on both counts.

01:09:19Miss Tate?

01:09:19My lord.

01:09:21Members of the jury,

01:09:22a more melodramatic speculation of events I have yet to hear.

01:09:27You are to decide whether these two people,

01:09:29who gave their evidence so honestly,

01:09:31however painful it must have been,

01:09:33were capable of killing an old gentleman.

01:09:36Now let us look at this supposed evidence.

01:09:38My Leonard Fring talks of the uncompromising memory

01:09:41of Maria Novarty.

01:09:43But on explanation of the water heating system in the hotel,

01:09:46this doesn't make any sense.

01:09:48Secondly,

01:09:49a motive,

01:09:50ably supplied by Leonard Saxton.

01:09:52But Saxton is a bitter man

01:09:53who desires revenge on the woman

01:09:55who would expose him as a would-be blackmailer.

01:09:59And finally,

01:10:00the method.

01:10:00Mrs. Povey's secret skills in the art of hypnotism.

01:10:05This I find totally beyond reasonable comprehension

01:10:08and worthy of a cheap novel.

01:10:11Members of the jury,

01:10:12my clients are innocent of these ill-founded and vicious charges,

01:10:16and I sincerely ask you to find them not guilty.

01:10:20Thank you, Miss Tate.

01:10:21Members of the jury,

01:10:22my task is to assist you as to the law.

01:10:24Your task is to decide on the evidence

01:10:26whether you find the charges against the accused proved.

01:10:30Now let me clarify one point.

01:10:31Much has been made of inappropriate medical treatment,

01:10:34but this is not relevant to your considerations.

01:10:37If you come to the view

01:10:40that this unfortunate man's death

01:10:42was planned by the accused

01:10:44and that steps were taken to bring that about,

01:10:46it is not material to your deliberations

01:10:49that a doctor's action in good faith

01:10:52proved to be a slight error of judgment.

01:10:54That error of judgment

01:10:56would in no way exculpate the accused

01:10:59if you think they did put that old man

01:11:02into a bath of cold water.

01:11:05You should consider instead

01:11:06the direct evidence,

01:11:08the absence of condensation

01:11:10on the bathroom window,

01:11:11the hot water system at the pines,

01:11:13and remember,

01:11:14the prosecution must prove their case

01:11:16beyond reasonable doubt.

01:11:18Members of the jury,

01:11:19will you now please retire

01:11:21and consider your verdicts?

01:11:31On the first count of murder,

01:11:33do you find the defendant,

01:11:34Kenneth John Povey,

01:11:35guilty or not guilty?

01:11:37Not guilty.

01:11:38Do you find the defendant,

01:11:39Margaret Ellen Povey,

01:11:40guilty or not guilty?

01:11:42Guilty.

01:11:44On the second count of conspiracy to defraud,

01:11:47do you find the defendant,

01:11:48Kenneth John Povey,

01:11:48guilty or not guilty?

01:11:50Not guilty.

01:11:51Do you find Margaret Ellen Povey

01:11:53guilty or not guilty?

01:11:55Guilty.

01:11:56Are those the verdicts of you all?

01:11:57Yes.

01:11:58Mr. Justice Michener

01:12:12sentenced Ellen Povey

01:12:14to five years for conspiracy to defraud

01:12:16and life imprisonment

01:12:17for the murder of Charles Elbury,

01:12:19the sentences to run concurrently.

01:12:21Next week,

01:12:24you can join another jury

01:12:25when our cameras return

01:12:26to watch a leading case

01:12:27in the Crown Court.

Crown Court - A Case of Murder (1974)

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