1 00:00:00,240 --> 00:00:04,720 This is the BBC Home Service Saturday night theatre. 2 00:00:06,280 --> 00:00:10,440 We present Donald Wolfitt, James McKechnie and Norman Shelley 3 00:00:10,880 --> 00:00:15,640 with Harcourt Williams and Austin Trevor in libel by Edward 4 00:00:15,640 --> 00:00:19,520 Wool. It is a spring afternoon in 5 00:00:19,520 --> 00:00:25,120 London, the year 1927. The Court of Mr Justice 6 00:00:25,120 --> 00:00:28,400 Tuttington at the Royal Courts of Justice, King's Bench 7 00:00:28,400 --> 00:00:32,479 Division, is in full session and about to begin the trial of an 8 00:00:32,479 --> 00:00:40,320 action for libel. For the plaintiff, Sir Wilfrid 9 00:00:40,320 --> 00:00:45,080 Kelly, KCMP. For the defendants, Mr Thomas 10 00:00:45,080 --> 00:00:49,120 Foxley, KC. There's a plan of the courtroom 11 00:00:49,160 --> 00:00:52,240 on page 44 of the Christmas edition of the Radio Times. 12 00:00:53,280 --> 00:00:57,920 Page 44 You, the listeners are to form a jury. 13 00:00:59,480 --> 00:01:04,560 The jury are sworn in the case of Latin and the Daily Gazette. 14 00:01:05,680 --> 00:01:09,360 Mr William Bale, the junior counsel for the plaintiff, has 15 00:01:09,360 --> 00:01:12,560 risen to open the case formally by reading the pleadings. 16 00:01:17,880 --> 00:01:20,880 May please your Lordship members of the jury. 17 00:01:21,560 --> 00:01:24,360 The plaintiffs, Mark Gladden Bard, by his statement of claim 18 00:01:24,360 --> 00:01:26,960 is claiming damages from the defendants, the proprietors, 19 00:01:26,960 --> 00:01:29,120 printers and publishers of the newspaper called the Daily 20 00:01:29,120 --> 00:01:32,720 Gazette, in respect of a libel alleged to being published of 21 00:01:32,720 --> 00:01:34,520 and concerning him in the said newspaper. 22 00:01:35,000 --> 00:01:38,120 The defendants in their defence state that insofar as the said 23 00:01:38,120 --> 00:01:41,200 words consist of allegations of fact, they are in true in 24 00:01:41,200 --> 00:01:43,960 substance and in fact and insofar as they consist of 25 00:01:43,960 --> 00:01:46,760 expressions of opinions, they are fair comment made in good 26 00:01:46,760 --> 00:01:49,760 faith and without malice upon the said facts which are matters 27 00:01:49,760 --> 00:01:52,960 of public interest. On those please issues are 28 00:01:52,960 --> 00:01:57,320 joined and those are the issues which you have to try. 29 00:02:02,960 --> 00:02:08,400 May I please your Lord members of the jury in this case? 30 00:02:08,759 --> 00:02:11,920 I appear with Melania Junior, Mr Beryl for the plaintiff, Sir 31 00:02:11,920 --> 00:02:15,400 Mark Ludden, and the defendants, who are the proprietors. 32 00:02:15,400 --> 00:02:19,080 That well known, I might almost say that notorious newspaper, 33 00:02:19,400 --> 00:02:23,000 the Daily Gazette, have the advantage of being represented 34 00:02:23,000 --> 00:02:25,160 by my learned friends Mr Foxley and Mr Hemsby. 35 00:02:26,560 --> 00:02:29,640 It is an action of the very greatest public and private 36 00:02:29,640 --> 00:02:32,840 importance. In view of that most unusual 37 00:02:32,840 --> 00:02:36,600 importance, I deliberately propose to let the facts speak 38 00:02:36,600 --> 00:02:39,840 for themselves. At this stage you shall learn 39 00:02:39,840 --> 00:02:44,720 the story from the witnesses, not from me, and I shall defer 40 00:02:44,720 --> 00:02:48,040 to a later stage of the comment, which I have no doubt you will 41 00:02:48,040 --> 00:02:52,200 consider libel of this character so flagrantly provokes and so 42 00:02:52,200 --> 00:02:56,320 abundantly justifies. The plaintiff is Sir Mark 43 00:02:56,320 --> 00:02:59,880 Ludden, the third baronet of his name, the fortunate inheritor of 44 00:02:59,880 --> 00:03:01,920 one of the finest and oldest properties in Norfolk. 45 00:03:03,600 --> 00:03:07,680 The short question in this case is whether the plaintiff is 46 00:03:07,680 --> 00:03:11,680 entitled to that rank, that name, that estate. 47 00:03:13,240 --> 00:03:16,000 I might go further and say, well, you will have to decide 48 00:03:16,600 --> 00:03:21,040 whether Sir Mark is entitled to be the husband of his wife or 49 00:03:21,040 --> 00:03:25,640 the father of her child. Let me read you the label which 50 00:03:25,640 --> 00:03:29,400 gives rise to this action. The paragraph is headed 51 00:03:30,080 --> 00:03:34,960 political imposture and continues and the legislature 52 00:03:34,960 --> 00:03:36,520 recently returned to the House of Commons. 53 00:03:36,520 --> 00:03:41,200 Sir Mark Laden, VAT MP, is not a baronet, not even a Laden, and 54 00:03:41,200 --> 00:03:43,960 can hardly be accurately described as a Member of 55 00:03:43,960 --> 00:03:47,320 Parliament as he secured his return by practising on the 56 00:03:47,320 --> 00:03:49,520 electorate the same deliberate fraud that he. 57 00:03:49,520 --> 00:03:53,960 Practised on his wife. Now remember, members of the 58 00:03:53,960 --> 00:03:56,920 jury, that those terrible allegations were published in 59 00:03:56,920 --> 00:04:00,000 the columns of the Daily Gazette and must have reached almost 60 00:04:00,000 --> 00:04:03,320 everyone identified with its enormous circulation. 61 00:04:03,760 --> 00:04:08,440 Did they appear in some so-called society paragraph? 62 00:04:08,720 --> 00:04:11,080 No, Milan. They appeared with special 63 00:04:11,080 --> 00:04:13,200 prominence in a paragraph on their main page. 64 00:04:14,200 --> 00:04:16,279 The jury will of course have copies of the paper later on. 65 00:04:16,279 --> 00:04:16,800 I. See. 66 00:04:16,800 --> 00:04:20,399 Thank you, Sir. Members of the jury, I'm not 67 00:04:20,399 --> 00:04:23,280 going to insult you by explaining the libellous 68 00:04:23,280 --> 00:04:24,920 imputations conveyed by those words. 69 00:04:26,040 --> 00:04:28,280 You may ask yourselves what motive could underlie them. 70 00:04:29,000 --> 00:04:32,080 And you will perhaps not be surprised to learn that Sir Mark 71 00:04:32,080 --> 00:04:35,360 had successfully advocated politics of a creed opposed to 72 00:04:35,360 --> 00:04:39,880 those intermittently promulgated by the defendant newspaper when 73 00:04:39,880 --> 00:04:42,120 conducive to their own circulation. 74 00:04:44,160 --> 00:04:47,320 Learned friends that we've been running informed as he was 75 00:04:47,320 --> 00:04:49,440 proposing to let the facts speak for themselves. 76 00:04:50,800 --> 00:04:53,440 I am flattered by my friend Mr Foxley's attention to my 77 00:04:53,440 --> 00:04:58,160 observations and Even so, members of the jury. 78 00:05:00,040 --> 00:05:04,200 You may like to remember that if Sir Mark Ludden is not Sir Mark 79 00:05:04,200 --> 00:05:08,600 Ludden, his child Ronald will never be Sir Ronald Ludden, and 80 00:05:08,600 --> 00:05:11,320 those broad acres and family dignities would pass to another 81 00:05:12,040 --> 00:05:17,240 Captain Gerald Ludden. Let me say just one word in 82 00:05:17,240 --> 00:05:21,480 reference to that gentleman. Members of the Jarrah, that 83 00:05:21,480 --> 00:05:24,440 first impression you might expect me to call Captain London 84 00:05:24,440 --> 00:05:27,840 in support of my case. He, at least should be 85 00:05:27,840 --> 00:05:30,800 reasonably familiar with and certain of his own cousin's 86 00:05:30,800 --> 00:05:35,080 identity. Things are not always what they 87 00:05:35,080 --> 00:05:38,120 seem. He is understanding. 88 00:05:38,120 --> 00:05:41,600 Cut. Ah, yes, yes. 89 00:05:42,800 --> 00:05:45,600 But I tell you frankly, I shall not call him. 90 00:05:46,720 --> 00:05:49,560 It may be that you may have the fallacious surprise of seeing 91 00:05:49,560 --> 00:05:54,400 him call them a learned friend. Mr Foxley, I hope you may. 92 00:05:55,920 --> 00:05:58,480 I should very much like to ask Captain Ludden some questions in 93 00:05:58,480 --> 00:06:01,000 reference to the history of this litigation. 94 00:06:01,000 --> 00:06:03,280 I'm. Much obliged for my learned 95 00:06:03,280 --> 00:06:05,840 friends who will print anticipations of my case, 96 00:06:06,440 --> 00:06:11,600 however intelligent. Well members of the GRM, we must 97 00:06:11,600 --> 00:06:14,840 wait and see if the defence dare to do so, but as far as my case 98 00:06:14,840 --> 00:06:17,800 is concerned, I shall call the plaintiff Sir Mark Ludden and I 99 00:06:17,800 --> 00:06:20,360 shall then formally produce his nearest relations in support 100 00:06:21,120 --> 00:06:26,440 first and foremost and naturally his wife Lady Luck and then the 101 00:06:26,440 --> 00:06:29,800 Mayor of course be others. But you will not forget that the 102 00:06:29,800 --> 00:06:32,560 defendants have what is known as justified their allegations. 103 00:06:33,400 --> 00:06:36,800 That is to say, they have come here prepared to prove their 104 00:06:36,800 --> 00:06:41,160 truth or to pay for their recklessness. 105 00:06:42,280 --> 00:06:44,440 What evidence they may have to support such literally 106 00:06:44,440 --> 00:06:46,600 unprecedented suggestions I know not. 107 00:06:47,360 --> 00:06:52,120 But I do not envy him, a learned friend, the task he has 108 00:06:52,120 --> 00:06:56,560 undertaken in endeavouring to sustain them in this Court and 109 00:06:56,560 --> 00:07:12,240 before an English jury. Mr Mark Ludden, take the 110 00:07:12,280 --> 00:07:17,540 testament in. Your right hand. 111 00:07:19,460 --> 00:07:21,460 You. Swear by Almighty God. 112 00:07:21,580 --> 00:07:24,740 I swear by Almighty God. The evidence you shall give. 113 00:07:25,020 --> 00:07:27,740 The evidence I shall give shall be the truth, shall be the 114 00:07:27,740 --> 00:07:29,980 truth, the whole truth, the whole truth. 115 00:07:30,220 --> 00:07:32,540 And nothing but. The truth and nothing but the 116 00:07:32,540 --> 00:07:35,120 truth. You are Sir Mark Ludden, third 117 00:07:35,120 --> 00:07:37,080 Baronet thing with Hall in the County of Norfolk. 118 00:07:37,240 --> 00:07:39,960 That is so. You were educated at Eaton and 119 00:07:39,960 --> 00:07:42,480 Sandhurst and then subtained the Commission and the Rifle 120 00:07:42,480 --> 00:07:45,000 Brigade? Yes, I think you went to France 121 00:07:45,000 --> 00:07:47,960 with your battalion in August 1914. 122 00:07:48,160 --> 00:07:50,160 Yes. And then you were wounded and 123 00:07:50,160 --> 00:07:51,800 taken prisoner at the Battle of the mAh? 124 00:07:52,000 --> 00:07:54,480 I was. What wound did you sustain at 125 00:07:54,480 --> 00:07:57,320 that battle, Sir Mark? I was shot through both thighs 126 00:07:57,320 --> 00:08:00,080 and badly fell shot. I believe the farm in which you 127 00:08:00,080 --> 00:08:03,120 lay wounded was set on fire by the enemy's guns, and you were 128 00:08:03,120 --> 00:08:05,680 nearly burned to death before you were rescued by the enemy. 129 00:08:05,800 --> 00:08:08,280 Very nearly. What effect did that terrible 130 00:08:08,280 --> 00:08:10,800 experience have on you? Those few hours that summer 131 00:08:10,800 --> 00:08:15,120 afternoon turn my hair grey, almost white as you see it now. 132 00:08:16,480 --> 00:08:18,560 What happened after you were taken prisoner? 133 00:08:18,640 --> 00:08:21,560 I was in the German hospital for three months and then sent to an 134 00:08:21,560 --> 00:08:23,320 officer's prison camp at Hobheim. 135 00:08:23,480 --> 00:08:25,560 When were you released? I was never released. 136 00:08:25,920 --> 00:08:29,880 I escaped in October 1918. I reached the Belgian Frontier 3 137 00:08:29,880 --> 00:08:32,960 days before the Armistice. And then? 138 00:08:33,200 --> 00:08:36,120 Then I made my way fairly easily to the English lines and was 139 00:08:36,120 --> 00:08:38,000 invalid at home. What did you do then? 140 00:08:38,720 --> 00:08:42,919 I retired from the Army. I had a long rest cure after six 141 00:08:42,919 --> 00:08:45,160 months or so. I was as well as I suppose I 142 00:08:45,160 --> 00:08:48,200 shall ever be, and I married my wife. 143 00:08:49,200 --> 00:08:52,040 You have recently entered public life and will last autumn 144 00:08:52,040 --> 00:08:54,800 elected Member of Parliament for the Raynham Division of North. 145 00:08:55,000 --> 00:08:56,560 Yes. We don't want to introduce 146 00:08:56,560 --> 00:09:00,280 politics, but is it right to say that your party does not enjoy 147 00:09:00,280 --> 00:09:03,680 the support of The Gazette? Not even in its most versatile 148 00:09:03,680 --> 00:09:06,640 phases. Yes, yes. 149 00:09:07,320 --> 00:09:09,200 What is the present state of your health? 150 00:09:09,320 --> 00:09:12,480 Oh, subject to a bit of a limp, I can indulge in any reasonable 151 00:09:12,480 --> 00:09:14,120 physical effort. You know what about mental 152 00:09:14,120 --> 00:09:14,600 health? Oh, I. 153 00:09:14,680 --> 00:09:16,240 Suppose I mustn't say too much about that. 154 00:09:16,240 --> 00:09:20,240 I don't complain, you know, apart from memory. 155 00:09:21,240 --> 00:09:24,120 What of your memory? I have practically no 156 00:09:24,120 --> 00:09:28,040 recollection at all of events or persons before my imprisonment. 157 00:09:28,280 --> 00:09:30,840 We shall hear what the doctors say about it, but roughly they 158 00:09:30,840 --> 00:09:33,480 attribute it to shock, shell shock and the shock of your 159 00:09:33,480 --> 00:09:35,400 experience in that fire on the mark. 160 00:09:35,400 --> 00:09:37,360 Yes, I don't doubt they're right. 161 00:09:38,440 --> 00:09:42,520 Now I want to turn for a moment to the libel which is the 162 00:09:42,520 --> 00:09:45,360 subject of his action. Yes, the jury have heard the 163 00:09:45,360 --> 00:09:47,040 allegations, which will complain to Mark. 164 00:09:47,480 --> 00:09:49,320 Is there a word of truth in them? 165 00:09:49,400 --> 00:09:52,320 They're an infamous lie. Has anyone else any right to 166 00:09:52,320 --> 00:09:55,560 your title, estates or position? No, not a soul in the world. 167 00:09:55,640 --> 00:09:59,360 Has any member of your family at any time displayed any 168 00:09:59,360 --> 00:10:04,480 difficulty in? Identifying not one until this 169 00:10:04,480 --> 00:10:09,240 paragraph appeared apart from. You and your son who would come 170 00:10:09,240 --> 00:10:12,200 into your property and title. My cousin Gerald Ludden. 171 00:10:12,360 --> 00:10:15,040 On what terms have you been? Oh, and most friendly terms 172 00:10:15,040 --> 00:10:20,320 until about 18 months ago. What caused the rupture? 173 00:10:20,760 --> 00:10:24,240 A certain poor type of Canadian was at the same camp with me 174 00:10:24,960 --> 00:10:27,240 about two years ago. He turned up at ING with Hall 175 00:10:27,240 --> 00:10:30,880 and began trying to blackmail me by by asking for. 176 00:10:31,360 --> 00:10:35,160 Really, in my Lord, I'm most reluctant to interrupt my friend 177 00:10:35,160 --> 00:10:38,920 or his witness, but aren't they going rather beyond the limits 178 00:10:38,920 --> 00:10:41,480 of relevance? I'm always anxious to oblige my 179 00:10:41,480 --> 00:10:46,240 friend, but Mr Mark, we won't go into the back of an incident. 180 00:10:46,640 --> 00:10:48,520 No, very well. I'm much obliged to my very 181 00:10:48,520 --> 00:10:50,480 friend, I know that he's always most anxious. 182 00:10:50,560 --> 00:10:53,960 Rules of evidence are really rules of brevity. 183 00:10:54,240 --> 00:10:57,400 We must try, for our own sakes, to observe them. 184 00:11:01,120 --> 00:11:03,560 I think I have only one more question to put you to mark. 185 00:11:03,680 --> 00:11:04,640 Yes. How did you? 186 00:11:04,680 --> 00:11:07,120 First learn of this libellous publication. 187 00:11:07,120 --> 00:11:09,640 Oh. I had dozens of copies sent me 188 00:11:09,640 --> 00:11:13,520 by friends and constituents, but I first read it in my own copy 189 00:11:13,520 --> 00:11:15,440 of the paper. You see, I happen to be a 190 00:11:15,440 --> 00:11:17,160 registered reader of The Gazette. 191 00:11:17,840 --> 00:11:22,240 I don't agree with its views, but I've always liked all sorts 192 00:11:22,240 --> 00:11:24,920 of fiction. Thank you, Mark. 193 00:11:27,200 --> 00:11:32,200 So you've always liked all sorts of fiction, have you? 194 00:11:32,200 --> 00:11:35,680 Yes, Mr. Foxley, I said so. You've indulged that liking to a 195 00:11:35,680 --> 00:11:37,720 rather abnormal extent, haven't you? 196 00:11:37,720 --> 00:11:40,560 Oh, what do you mean? I am suggesting that ever since 197 00:11:40,560 --> 00:11:44,720 November 1918, you've indulged in the unscrupulous fiction of 198 00:11:44,720 --> 00:11:47,680 being an English Barrett An. Infamous libel, Mr Foxley, which 199 00:11:47,680 --> 00:11:50,520 your clients will have to pay. Being the lawful owner of the 200 00:11:50,520 --> 00:11:52,000 London estate. Another damnable lie. 201 00:11:52,000 --> 00:11:56,120 A damnable lie. And, most unscrupulous fiction 202 00:11:56,120 --> 00:11:59,600 of all, of being entitled to woo and marry your wife. 203 00:11:59,600 --> 00:12:02,360 My wife doesn't require the protection of the gutter press. 204 00:12:02,440 --> 00:12:05,240 On my instructions I am not so sure. 205 00:12:05,320 --> 00:12:09,840 Your instructions. Now before we go any further, I, 206 00:12:09,840 --> 00:12:13,320 I, I want to be quite clear that you don't wish to suggest to the 207 00:12:13,320 --> 00:12:18,400 jury that any physical or mental disability, a prison or escape 208 00:12:18,400 --> 00:12:22,360 experiences could possibly make you believe you were someone 209 00:12:22,680 --> 00:12:24,520 other than yourself. No, I do not. 210 00:12:25,080 --> 00:12:29,560 You've sustained no injury that could make Frank Wellney 211 00:12:29,760 --> 00:12:32,240 honestly believe he was Sir Mark Ludden of. 212 00:12:32,360 --> 00:12:35,080 Course not. Whom did you say, Mr Foxley? 213 00:12:35,080 --> 00:12:38,600 Frank Wellney, my Lord. Who is Frank? 214 00:12:38,640 --> 00:12:41,880 Wellner, if you're a Lordship, would allow me to explore that 215 00:12:41,880 --> 00:12:43,960 in my own way, certainly. Mr Foxley. 216 00:12:45,840 --> 00:12:50,360 You, Sir Mark, at least have heard of a man called Frank 217 00:12:50,360 --> 00:12:51,040 Wellness. Certainly. 218 00:12:51,480 --> 00:12:53,040 He was a. Canadian officer, I believe so. 219 00:12:53,240 --> 00:12:55,560 Did you ever know him? Yes, I was at the same prison 220 00:12:55,560 --> 00:12:58,120 camp in Germany. So I believe for how long? 221 00:12:58,200 --> 00:13:00,360 Nearly four years. And when did you last see him? 222 00:13:00,560 --> 00:13:04,800 Let me see, it would be. Yes, Well now let me try and 223 00:13:04,800 --> 00:13:07,840 help you. Did you shave yourself this 224 00:13:07,840 --> 00:13:08,960 morning? Yes. 225 00:13:09,200 --> 00:13:11,880 Why didn't you see him then? What do you mean? 226 00:13:12,440 --> 00:13:15,120 Lord, it is necessary for my friend to be so deliberately 227 00:13:15,120 --> 00:13:16,760 offensive in the form of his spectrum. 228 00:13:16,840 --> 00:13:20,800 I must assume that Mister Foxley is only cross examining from his 229 00:13:20,800 --> 00:13:23,200 instructions, which of course would involve. 230 00:13:23,920 --> 00:13:26,760 Well, I think you must let him pursue his own lines, Sir. 231 00:13:26,760 --> 00:13:31,760 Wilfred, I am much obliged to my learned friend for his attempt 232 00:13:31,760 --> 00:13:38,320 to assist me to conduct my case. And now, Sir Mark, well, I will 233 00:13:38,320 --> 00:13:40,120 call you that for the moment. Oh, thank you. 234 00:13:40,600 --> 00:13:44,560 I am suggesting that you are Frank Welney and that he is you. 235 00:13:44,640 --> 00:13:47,280 It's a shameful lie without any. Foundation at all and that 236 00:13:47,280 --> 00:13:50,200 because you are Welney you know what became of loving I. 237 00:13:50,560 --> 00:13:52,280 Refuse to answer that suggestion the. 238 00:13:52,280 --> 00:13:56,040 Jury will perhaps hear of a number of actions committed by 239 00:13:56,040 --> 00:14:00,800 Welney which I suggest were committed by you because you are 240 00:14:00,800 --> 00:14:03,560 in fact Welney. It is a vile fabrication. 241 00:14:03,600 --> 00:14:05,880 Oh. Then it would be a waste of time 242 00:14:05,880 --> 00:14:07,640 for me to put them to you specifically. 243 00:14:08,080 --> 00:14:10,840 You would deny them all. Naturally, I sworn to tell the 244 00:14:10,840 --> 00:14:14,320 truth. I will ask your Lordship to make 245 00:14:14,320 --> 00:14:15,800 a note of that reply. Certainly. 246 00:14:16,480 --> 00:14:19,720 In the interest of time, I think I can dispense with a very large 247 00:14:19,720 --> 00:14:21,120 number of those other questions I'm. 248 00:14:21,120 --> 00:14:25,040 Sure, the jury will appreciate any condensation which has that 249 00:14:25,040 --> 00:14:27,920 result. If you're lorded now, tell me, 250 00:14:27,920 --> 00:14:31,720 Sir Mark, who was Frank Wellman? He described himself as a 251 00:14:31,720 --> 00:14:33,520 captain. In the Canadian infantry, when 252 00:14:33,520 --> 00:14:35,400 did you first see? Him when I was at Hobheim prison 253 00:14:35,440 --> 00:14:37,000 camp. He arrived a few months later. 254 00:14:37,320 --> 00:14:39,560 And when do you say you saw him last? 255 00:14:39,560 --> 00:14:41,320 When we. Escaped together in November 256 00:14:41,320 --> 00:14:45,360 1918 we got. Party got party, Yes. 257 00:14:46,080 --> 00:14:49,800 Now why did you get party? We missed each other in the 258 00:14:49,800 --> 00:14:52,040 dark. You missed each other in the 259 00:14:52,040 --> 00:14:52,640 dark. Yeah. 260 00:14:53,480 --> 00:14:56,920 Well, is that really all you can tell me of how you separated? 261 00:14:57,000 --> 00:14:59,960 Absolutely. All very easy to get lost in the 262 00:14:59,960 --> 00:15:02,360 dark. The other fellas have got hold 263 00:15:02,360 --> 00:15:03,800 of civilian clothes but I hadn't. 264 00:15:04,400 --> 00:15:06,640 I was in uniform so we had to move by night. 265 00:15:07,160 --> 00:15:10,160 And now, did anything happen between you and Welney before 266 00:15:10,160 --> 00:15:12,680 you missed each other? No. 267 00:15:13,280 --> 00:15:14,440 What do you mean? What could have happened? 268 00:15:14,840 --> 00:15:17,640 The jury may hear later what could have happened. 269 00:15:19,000 --> 00:15:20,920 Was anyone else in the party of escape? 270 00:15:21,320 --> 00:15:24,040 Yes, a man called Buckenham. And who was he? 271 00:15:24,360 --> 00:15:25,800 He called himself a Canadian officer. 272 00:15:25,920 --> 00:15:27,480 Called himself a Canadian officer. 273 00:15:28,080 --> 00:15:30,200 I gather that the ones who thoroughly imbued with the 274 00:15:30,200 --> 00:15:33,560 traditions of the English baronitage, his credentials were 275 00:15:33,560 --> 00:15:35,160 not impressive. No, they were not. 276 00:15:35,640 --> 00:15:39,880 Well then, that was the party, Sir Mark Lutton, Buckingham and 277 00:15:39,960 --> 00:15:42,440 Welney. Yes, myself and the Canadians. 278 00:15:42,480 --> 00:15:45,440 And when did you start? In October 1918, where from 279 00:15:45,560 --> 00:15:47,360 Hobheim. Where did you separate? 280 00:15:47,360 --> 00:15:49,040 On the Belgian Frontier. When? 281 00:15:49,800 --> 00:15:52,280 November 1918, about a month after we started. 282 00:15:52,760 --> 00:15:56,080 How did you separate? I've told you we lost each other 283 00:15:56,080 --> 00:15:58,080 in the dark, which got lost first. 284 00:15:58,840 --> 00:16:01,000 Buckingham went off 1st to forage for food. 285 00:16:01,200 --> 00:16:02,800 He didn't come back. I see. 286 00:16:02,840 --> 00:16:05,080 Yes. Now that left Ludden and Welney 287 00:16:05,080 --> 00:16:06,280 together. What happened then? 288 00:16:06,360 --> 00:16:07,920 Welney went off to look for Buckingham. 289 00:16:08,520 --> 00:16:12,080 He never came back either. Both got lost that same fatal 290 00:16:12,080 --> 00:16:14,880 night, or killed, killed. That was it. 291 00:16:14,880 --> 00:16:18,720 Was it? I don't know I I only mean 292 00:16:18,760 --> 00:16:21,800 Welney. I know Buckenham is alive and so 293 00:16:21,800 --> 00:16:24,040 do you. Who do you say was killed, 294 00:16:24,320 --> 00:16:28,120 Wellney or Lutton? I will not answer that question. 295 00:16:28,280 --> 00:16:31,640 You know that I am alive. Oh yes, yes, I know you're 296 00:16:31,640 --> 00:16:35,160 alive. Well now, did you make any 297 00:16:35,160 --> 00:16:38,840 enquiries at the time about your, shall we say, mislaid 298 00:16:38,840 --> 00:16:40,840 companions? Yes, of course I did. 299 00:16:41,040 --> 00:16:43,200 And you've never heard from either of them since? 300 00:16:43,280 --> 00:16:46,160 Not from Wellness. Do you think that they're dead 301 00:16:46,400 --> 00:16:48,600 or alive? I know Buckenham is alive. 302 00:16:48,600 --> 00:16:50,720 What a Wellness. Oh, I no doubt he is dead. 303 00:16:50,960 --> 00:16:52,640 Why? Well, I'm sure I could have 304 00:16:52,640 --> 00:16:54,000 heard from him if he'd been alive. 305 00:16:54,480 --> 00:16:56,880 Would it be a relief to you to learn that he was? 306 00:16:56,880 --> 00:16:58,320 Alive, I tell you. It's impossible. 307 00:16:59,320 --> 00:17:01,720 Of course I don't want anyone dead. 308 00:17:01,880 --> 00:17:04,480 I wonder. Perhaps. 309 00:17:04,720 --> 00:17:09,200 Well, we should see now you've told us that you know Buckingham 310 00:17:09,200 --> 00:17:10,000 is a lie. Yes. 311 00:17:10,560 --> 00:17:14,000 How is that he suddenly turned up at Inworth Park two years ago 312 00:17:14,000 --> 00:17:16,119 and he. Tried to blackmail 2 blackmail. 313 00:17:16,960 --> 00:17:19,079 Now, why should he want to do that? 314 00:17:19,240 --> 00:17:22,640 You know perfectly well, Mr Foxley, your clients have been 315 00:17:22,680 --> 00:17:24,400 primed to the brim with his allegations. 316 00:17:24,400 --> 00:17:27,920 Well, if they have they they want the jury to share their 317 00:17:27,920 --> 00:17:30,400 knowledge. And what were his allegations? 318 00:17:30,440 --> 00:17:33,760 That I was not myself. Who did he think you were? 319 00:17:33,840 --> 00:17:35,440 He. Pretended to think I was 320 00:17:35,440 --> 00:17:36,480 Wellness. Wellness. 321 00:17:38,240 --> 00:17:41,600 Now would you please describe poor Wellness appearance to the 322 00:17:41,600 --> 00:17:44,200 jury? Oh, nothing peculiar. 323 00:17:44,960 --> 00:17:47,880 The ordinary looking. Fellow Oh, now come, come, come. 324 00:17:48,880 --> 00:17:51,400 I don't want you to be unduly modest. 325 00:17:52,000 --> 00:17:55,200 Was he not, in fact, remarkably like you? 326 00:17:55,480 --> 00:17:58,280 No. Well then I'll put my question 327 00:17:58,280 --> 00:18:02,560 to you in another way. Wasn't he remarkably like Sir 328 00:18:02,560 --> 00:18:03,840 Mark Ludden? I never. 329 00:18:03,880 --> 00:18:04,800 Noticed. You never noticed him? 330 00:18:04,800 --> 00:18:06,000 Never. Did other people notice it? 331 00:18:06,240 --> 00:18:11,640 Quite sure, yes. I wonder if you remember whether 332 00:18:11,720 --> 00:18:14,880 Sir Mark Ludden ever wrote home? You mean did I? 333 00:18:15,320 --> 00:18:18,120 Well, if you like to put it that way. 334 00:18:18,760 --> 00:18:22,520 Not often there were great difficulties in getting letters 335 00:18:22,520 --> 00:18:24,080 through. Now I wondered if you know 336 00:18:24,080 --> 00:18:27,440 whether Sir Mark ever wrote to his cousin Gerald. 337 00:18:27,680 --> 00:18:29,480 Did I? Certainly not. 338 00:18:30,800 --> 00:18:35,440 At least not that I remember. Would you look at that letter? 339 00:18:35,680 --> 00:18:41,120 The usher will pass it to you now. 340 00:18:41,160 --> 00:18:44,840 Is it dated 10th of May 1916? Yes. 341 00:18:45,280 --> 00:18:49,040 It seems to be addressed to your dear cousin Gerald. 342 00:18:49,600 --> 00:18:52,440 Yes, and to be signed Mark Lutton. 343 00:18:53,560 --> 00:18:56,440 Do you happen to remember Sir Mark's signature? 344 00:18:57,360 --> 00:18:58,840 I'd forgotten. I must have. 345 00:18:58,840 --> 00:19:00,400 Written. Oh, no, no, no, no, I'm not 346 00:19:00,400 --> 00:19:04,800 suggesting that you did, but it looks as though Mark Lutton. 347 00:19:05,120 --> 00:19:08,040 You needn't be so offensive because it is my letter, is it? 348 00:19:08,120 --> 00:19:10,840 Yes. Well, will you please read the 349 00:19:10,840 --> 00:19:18,240 last paragraph to the jury? There are only two other British 350 00:19:18,240 --> 00:19:23,520 prisoners here, both Canadians. The prison staff affect to see a 351 00:19:23,520 --> 00:19:26,280 remarkable resemblance between me and one of them called 352 00:19:26,280 --> 00:19:28,840 Welney. I can't see it myself. 353 00:19:29,800 --> 00:19:33,720 I told you I didn't read. On to the jury, please. 354 00:19:35,080 --> 00:19:37,600 Welney himself is quite laughably interested in the 355 00:19:37,600 --> 00:19:40,880 similarity, almost feels one of the Ludden family. 356 00:19:40,880 --> 00:19:45,920 Already almost feels one of the Ludden family already. 357 00:19:45,920 --> 00:19:50,960 That must have struck you as highly amusing. 358 00:19:51,240 --> 00:19:56,600 Let me look at that letter. Now, doesn't that letter recall 359 00:19:56,600 --> 00:19:59,800 anything to you? No, no, it's a long time ago. 360 00:19:59,880 --> 00:20:04,680 That is a pity. Now I wonder if you remember any 361 00:20:04,840 --> 00:20:07,000 physical peculiarities about this man? 362 00:20:07,000 --> 00:20:08,720 Welney No. I can't say I do. 363 00:20:08,720 --> 00:20:11,320 No. Well then I shall have to try 364 00:20:11,320 --> 00:20:12,880 and help. You thank you very much. 365 00:20:13,120 --> 00:20:16,440 I'm lucky enough to have an official description of Welney 366 00:20:16,720 --> 00:20:19,760 from the Canadian Army records, most fortunately. 367 00:20:19,760 --> 00:20:21,920 Now let's see if it helps us at all. 368 00:20:23,000 --> 00:20:27,560 Height 5 foot 10. That's about your height, isn't 369 00:20:27,560 --> 00:20:29,000 it? And I've got many millions 370 00:20:29,000 --> 00:20:31,640 besides. I dare say but if well they had 371 00:20:31,640 --> 00:20:34,480 happened to be only 5 foot six, he couldn't have been. 372 00:20:34,480 --> 00:20:38,520 You blue eyes And what colour are yours? 373 00:20:38,600 --> 00:20:42,000 Can't you see it for yourself? And so can the jury if you will 374 00:20:42,000 --> 00:20:44,680 be good enough to look at them. Thank you. 375 00:20:45,640 --> 00:20:50,120 Blue thick crop of grey almost white hair. 376 00:20:50,560 --> 00:20:51,760 Well, how would you describe your? 377 00:20:51,880 --> 00:20:54,760 How would you describe yours if you'd been through what I went 378 00:20:54,760 --> 00:20:57,080 through at? What date does this official 379 00:20:57,080 --> 00:20:59,560 description of? Well, never late, Mr. Fox. 380 00:20:59,680 --> 00:21:04,280 The year 1915, my Lord. Suppose a man's hair had not 381 00:21:04,280 --> 00:21:07,920 been grey, then it might well be very grey after. 382 00:21:07,920 --> 00:21:11,280 All these years, Mr. Fox, I am aware of that, my Lord, but. 383 00:21:11,920 --> 00:21:16,240 If indeed it had not largely disappeared as it has for so 384 00:21:16,240 --> 00:21:21,320 many of us. The point is, my Lord, that 385 00:21:21,320 --> 00:21:25,640 Wellness was prematurely grey so long ago as 1915. 386 00:21:25,640 --> 00:21:29,200 It may be my fault, Mr Foxley, but I don't see how that is 387 00:21:29,200 --> 00:21:31,600 going to help us. It is a link in the chain, my 388 00:21:31,640 --> 00:21:33,760 Lord. Don't they say the strength of a 389 00:21:33,760 --> 00:21:35,760 chain is that of its weakest link? 390 00:21:35,920 --> 00:21:40,600 Yes, my Lord, I hope my chain will bear whatever weight I put 391 00:21:40,600 --> 00:21:41,080 on it. Yes. 392 00:21:41,360 --> 00:21:45,480 Well, we, we must wait and see. Yes, Mr Foxley. 393 00:21:46,840 --> 00:21:50,640 Now, this Wellness was also apparently a man who'd lost the 394 00:21:50,640 --> 00:21:54,120 first two joints of the first finger of his right hand. 395 00:21:54,320 --> 00:21:55,960 Had he? Oh, do you mean to? 396 00:21:55,960 --> 00:21:59,480 Suggest to this court that you don't remember that quite well. 397 00:21:59,640 --> 00:22:00,360 Come. Come. 398 00:22:00,440 --> 00:22:03,600 Yes, yes, I do remember now. Oh, yes, He had lost the finger. 399 00:22:04,200 --> 00:22:06,280 Most of us at that camp had been wounded. 400 00:22:06,760 --> 00:22:08,880 We didn't take too much notice of each other's wounds. 401 00:22:09,360 --> 00:22:12,480 Now I see by my records that a court martial found that 402 00:22:12,480 --> 00:22:14,880 Wellness was a self-inflicted wound. 403 00:22:15,840 --> 00:22:18,160 You know what that means Perfectly, for which Wellly was 404 00:22:18,160 --> 00:22:20,040 reduced to the red. Very properly, I should say. 405 00:22:20,040 --> 00:22:23,320 Oh, I'm glad we have some sentiments in common. 406 00:22:24,520 --> 00:22:26,200 How did you lose yours? My finger do you mean? 407 00:22:26,560 --> 00:22:31,840 Yes, by a curious coincidence, you've lost the first finger on 408 00:22:31,840 --> 00:22:34,240 your right hand. I don't know about coincidence, 409 00:22:34,640 --> 00:22:37,600 but I'm not ashamed of my wound. How did you lose yours? 410 00:22:37,600 --> 00:22:40,960 My finger was shot off by a chance German bullet when I was 411 00:22:40,960 --> 00:22:42,920 escaping. When you were escaping, yeah, 412 00:22:43,320 --> 00:22:44,880 Now that would produce the interesting result. 413 00:22:45,120 --> 00:22:48,840 But no one who was at the prison camp with you could remember 414 00:22:49,000 --> 00:22:52,000 that Sir Mark Ludden had lost a finger, of course. 415 00:22:52,080 --> 00:22:55,960 Not but I do, Mr. Fox. Would you mind holding your 416 00:22:55,960 --> 00:23:00,280 right hand up to the jury so that they may remember too? 417 00:23:01,040 --> 00:23:06,720 Thank you. Now I wonder if you remember my 418 00:23:06,720 --> 00:23:10,560 solicitors asking if you would submit to a medical examination? 419 00:23:10,720 --> 00:23:12,880 Perfectly. Why did you refuse? 420 00:23:13,680 --> 00:23:16,800 Because I regarded it as an infamous suggestion that any 421 00:23:16,800 --> 00:23:19,880 gutter rag should imagine that a gross libel gave them the right 422 00:23:19,880 --> 00:23:21,760 to demand a physical inspection of anybody's body. 423 00:23:21,760 --> 00:23:23,240 And. That was done under my advice, 424 00:23:23,600 --> 00:23:27,080 Mr. Fox I'm sure it was most excellent advice. 425 00:23:27,160 --> 00:23:32,280 Sir Wilfred. Now I'm going to read to the 426 00:23:32,280 --> 00:23:35,600 jury something else from this official record of the 427 00:23:35,600 --> 00:23:42,040 unfortunate. Frank Welney has the initials FW 428 00:23:42,800 --> 00:23:45,720 tattooed on his right forearm. Have he? 429 00:23:46,640 --> 00:23:47,760 Yes. Yes. 430 00:23:48,600 --> 00:23:51,320 Now I come to think of it, yes, I remember he was tattooed. 431 00:23:51,400 --> 00:23:55,400 I wonder if you would mind showing the Lord and the jury 432 00:23:55,880 --> 00:23:57,840 your forearm? What is your suggestion? 433 00:23:57,840 --> 00:24:02,200 Oh I'm glad to make it clear. I definitely suggest your right 434 00:24:02,200 --> 00:24:05,120 forearm has the letters FW tattooed on it. 435 00:24:05,320 --> 00:24:06,640 I don't want to conceive anything. 436 00:24:07,400 --> 00:24:11,000 I'm quite prepared to admit my arm is tattooed and has some 437 00:24:11,000 --> 00:24:15,720 letters on it, but not those. May we see for ourselves what 438 00:24:15,720 --> 00:24:17,800 they are. Really, my Lord, is it necessary 439 00:24:17,800 --> 00:24:19,800 for me to submit to every insult from Council? 440 00:24:19,880 --> 00:24:24,040 Mr Foxley is only doing what he is entitled to regard as his 441 00:24:24,040 --> 00:24:26,320 duty for his clients. Do what? 442 00:24:26,320 --> 00:24:29,760 Mr Foxley asked. Very well, the heck who are I? 443 00:24:29,840 --> 00:24:37,120 Pull my sleeve back. Yes, thank you. 444 00:24:38,360 --> 00:24:43,120 Would you show your arm to my Lord and the jury as far. 445 00:24:43,360 --> 00:24:47,000 As I can see, the initials tattooed on the plaintiff's arm 446 00:24:47,000 --> 00:24:52,080 are not FW but EW. That is so, my Lord. 447 00:24:52,960 --> 00:24:55,040 Oh please leave your arm exposed. 448 00:24:56,560 --> 00:25:01,200 I wonder if you would satisfy our curiosity by telling us what 449 00:25:01,200 --> 00:25:05,040 those initials EW stand for. They have. 450 00:25:05,560 --> 00:25:09,840 Rather an intimate explanation, Mr. Foxley Oh no, I I will press 451 00:25:09,840 --> 00:25:13,960 you to reveal any intimacy, but I warn you, I shall comment 452 00:25:13,960 --> 00:25:16,240 freely on your inability to explain. 453 00:25:16,240 --> 00:25:19,160 That I can't help that if you've no feeling of decency I. 454 00:25:19,200 --> 00:25:24,040 Shall suggest that those letters EW were originally FW for Frank. 455 00:25:24,040 --> 00:25:27,720 Well they it would only require the addition of a single stroke 456 00:25:27,960 --> 00:25:31,000 to turn the F into an E, would it not? 457 00:25:31,760 --> 00:25:36,320 A single stroke, yes. Yes, I suppose that's so. 458 00:25:36,440 --> 00:25:40,440 Very well now I'll give you another chance of explaining 459 00:25:40,480 --> 00:25:43,400 those letters. Very well, if you must have it, 460 00:25:43,800 --> 00:25:46,520 E is my wife's initial. Her name is Enid. 461 00:25:46,560 --> 00:25:49,760 Indeed, yes, But if the letter was originally F, that 462 00:25:49,760 --> 00:25:53,080 explanation would not do. No, but as it never was, that is 463 00:25:53,080 --> 00:25:55,520 no difficulty and. What is the W for the W? 464 00:25:55,520 --> 00:25:57,440 Stands for her maiden name, which was Winterton and. 465 00:25:57,600 --> 00:26:00,080 When did you have the tattoo? In Hobheim camp, my fellow 466 00:26:00,080 --> 00:26:00,600 prisoner. Why? 467 00:26:00,720 --> 00:26:03,960 To pass the time, time goes rather slowly in the prison. 468 00:26:03,960 --> 00:26:06,640 Camp, I dare say it comes to this, doesn't it? 469 00:26:07,240 --> 00:26:10,880 Frank Welney, the Canadian coloured, had FW tattooed on his 470 00:26:10,880 --> 00:26:14,000 white forearm before his captivity and Sir Mark Ludden, 471 00:26:14,000 --> 00:26:18,400 the English baronet, had EW almost the same letters tattooed 472 00:26:18,400 --> 00:26:20,880 on the same arm during his captivity. 473 00:26:22,200 --> 00:26:24,560 Of course, it's only a coincidence. 474 00:26:26,240 --> 00:26:28,440 Isn't it wonderful? Is it? 475 00:26:31,040 --> 00:26:35,560 Now, I believe Sir Mark Ludden was shot through both thighs of 476 00:26:35,560 --> 00:26:37,320 the Battle of the Mars. I was. 477 00:26:37,440 --> 00:26:39,320 A medical examination would have confirmed. 478 00:26:39,360 --> 00:26:41,640 Everyone knows I've walked. Lame ever since. 479 00:26:41,640 --> 00:26:44,160 But everyone doesn't know the reason. 480 00:26:44,320 --> 00:26:45,680 I've never hesitated to tell them. 481 00:26:45,800 --> 00:26:49,320 I dare say no. It might have been instructive 482 00:26:49,320 --> 00:26:51,560 to see the scar my. Lord, I'm calling the most 483 00:26:51,600 --> 00:26:54,600 eminent Dr on that point. Then it's a pity, Sir Wilfred, 484 00:26:54,600 --> 00:26:57,280 you didn't allow our doctor to collaborate in the inspection. 485 00:26:59,240 --> 00:27:02,280 He comes to this, doesn't it? The only physical peculiarities 486 00:27:02,280 --> 00:27:05,440 associated with London up to his captivity were bullet wounds in 487 00:27:05,440 --> 00:27:08,080 both thighs, and the only physical peculiarities 488 00:27:08,080 --> 00:27:10,960 associated with Welney up to his captivity were prematurely grey 489 00:27:10,960 --> 00:27:13,920 hair, a lost finger and tattooed initials on his arm. 490 00:27:14,200 --> 00:27:17,120 I take your word. And today, by a remarkable 491 00:27:17,160 --> 00:27:20,640 coincidence, your body manages to combine all the physical 492 00:27:20,640 --> 00:27:22,920 peculiarities of London and Welney. 493 00:27:23,760 --> 00:27:26,800 I see what you mean. Now if Welney were pretending to 494 00:27:26,800 --> 00:27:28,840 be some marked Ludden, that would have to be the case. 495 00:27:28,960 --> 00:27:32,400 But if some marked Ludden was not Welney, it wouldn't be 496 00:27:32,400 --> 00:27:34,840 necessary for his body to display all the peculiarities of 497 00:27:34,840 --> 00:27:37,480 Welney's body. I call that utter nonsense. 498 00:27:38,520 --> 00:27:41,520 If I was ever foolish enough to get tattooed, I should be bound 499 00:27:41,520 --> 00:27:44,360 to remain. Tattooed, yes, but unless you 500 00:27:44,360 --> 00:27:47,720 were Welney you wouldn't be bound to get tattooed at all. 501 00:27:47,720 --> 00:27:51,200 I think the jury have got that point, Mr Foxler. 502 00:27:51,200 --> 00:27:56,360 If your Lordship please. And why all this mystery about 503 00:27:56,360 --> 00:27:59,880 your alleged thy wounds? I put it to you that a man who 504 00:27:59,880 --> 00:28:02,760 would shoot off his own finger wouldn't hesitate to inflict 505 00:28:02,760 --> 00:28:05,520 some superficial injury to his thighs if it was worthwhile. 506 00:28:05,520 --> 00:28:07,640 You'd. Better ask your friend Wilny 507 00:28:07,640 --> 00:28:09,560 that. Am I not doing so though? 508 00:28:09,640 --> 00:28:16,120 You are not. Only a few more questions. 509 00:28:16,800 --> 00:28:19,760 Where were you educated? Eaton and Sandhurst. 510 00:28:19,880 --> 00:28:23,200 I see Wellner was educated at an elementary school in Montreal. 511 00:28:23,240 --> 00:28:25,880 Again, I take your word for you. He would never have had the 512 00:28:25,880 --> 00:28:28,680 opportunity or the chance of learning Latin or Greek. 513 00:28:28,680 --> 00:28:33,720 Perhaps he didn't miss much. Will you tell me the names of 514 00:28:33,720 --> 00:28:35,960 some of the Latin authors you studied? 515 00:28:36,280 --> 00:28:39,120 I don't remember any. I would shelter. 516 00:28:39,120 --> 00:28:42,760 Oh, I won't ask you to translate, but can you tell me 517 00:28:42,760 --> 00:28:45,400 the name of a single Latin author? 518 00:28:45,440 --> 00:28:48,440 I tell you I was shell shocked. I remember nothing pre war but. 519 00:28:48,440 --> 00:28:51,480 Would it help you if I suggested a name or two? 520 00:28:52,080 --> 00:28:55,440 Do you remember Homer Demosthenes? 521 00:28:55,760 --> 00:28:58,520 They might be Dutch for all I remember. 522 00:28:58,520 --> 00:29:00,240 Oh. That's rather unkind to me. 523 00:29:00,240 --> 00:29:01,560 Learning friends. Little trap. 524 00:29:05,160 --> 00:29:08,040 Sir Mark Ludden went into the Rifle Brigade, yes, and served 525 00:29:08,040 --> 00:29:09,680 with them for something like 7 years before the war. 526 00:29:09,680 --> 00:29:11,360 Yes, and I remember nothing of it at all. 527 00:29:12,000 --> 00:29:14,000 I'm not ashamed for the reason for it. 528 00:29:14,720 --> 00:29:16,800 I don't want to be shell shocked out of all the memories of 529 00:29:16,800 --> 00:29:17,720 youth. Here. 530 00:29:17,720 --> 00:29:21,640 Am IA man of 40 / 40 and for practical purposes my 531 00:29:21,640 --> 00:29:24,720 recollections of life started about 10 years ago. 532 00:29:26,920 --> 00:29:32,320 Silence, Silence and. Tell me this step if this 533 00:29:32,320 --> 00:29:36,360 alleged loss of memory was so complete, how was it you were 534 00:29:36,360 --> 00:29:40,800 able to remember your pre war engagement and the lady's name 535 00:29:41,040 --> 00:29:47,320 at Hobheim prison camp? If you insist on an answer, I 536 00:29:47,320 --> 00:29:51,480 will give it, Mr Foxley, though I'd rather not. 537 00:29:51,760 --> 00:29:55,760 I can well believe that. Tell the jury, please. 538 00:29:57,280 --> 00:30:01,240 Well, I might have forgotten. I might have continued to forget 539 00:30:01,240 --> 00:30:05,720 my engagement and even my fiance's name, but some of her 540 00:30:05,720 --> 00:30:10,000 letters were in my pocket when I was taken prisoner and later 541 00:30:10,000 --> 00:30:12,440 letter from her naturally revived my recollection. 542 00:30:13,640 --> 00:30:16,720 I should say I very largely relearnt the details of my 543 00:30:16,720 --> 00:30:20,120 family and hers from my fiance's letters. 544 00:30:20,960 --> 00:30:25,200 Well now, can you produce any letters written by some Mark 545 00:30:25,280 --> 00:30:28,520 Ludden from Hopine to his home in which he makes any reference 546 00:30:28,520 --> 00:30:32,520 to being either shell shocked or deprived of memory or tattooed? 547 00:30:32,960 --> 00:30:34,640 I haven't got any of my own letters here. 548 00:30:34,640 --> 00:30:37,280 Oh no. No, but if you were allowed time 549 00:30:37,560 --> 00:30:41,520 to secure them, could you produce any reference to any of 550 00:30:41,520 --> 00:30:43,800 these things? I can't. 551 00:30:43,800 --> 00:30:46,200 Say, after all these years fakes. 552 00:30:48,480 --> 00:30:53,040 Oh, very likely not. You see, I didn't want my fiance 553 00:30:53,080 --> 00:30:55,160 to know how bad my shell shock was. 554 00:30:56,200 --> 00:30:58,640 She might have. Well, she might what? 555 00:30:59,520 --> 00:31:03,720 She might have hesitated about marrying a man like that. 556 00:31:03,720 --> 00:31:07,440 Why she might have been afraid of his brain. 557 00:31:10,560 --> 00:31:16,000 One last question, yes I have here some specimens of some 558 00:31:16,000 --> 00:31:20,040 marks pre war and prison handwriting and your post war 559 00:31:20,040 --> 00:31:21,120 handwriting. Well. 560 00:31:22,800 --> 00:31:25,200 They're rather different, aren't? 561 00:31:25,400 --> 00:31:27,960 They shoot off your first finger and see if your handwriting is 562 00:31:27,960 --> 00:31:29,600 the same. Did you shoot off yours? 563 00:31:29,600 --> 00:31:31,560 No, I did not, but. Well, they did. 564 00:31:32,360 --> 00:31:35,320 If I'm wealthy, what became of London? 565 00:31:36,040 --> 00:31:42,800 Most interesting question which I don't propose to answer now. 566 00:31:47,160 --> 00:31:52,600 I don't, I don't really know there's much I need to try to 567 00:31:52,600 --> 00:31:55,680 clear up every examination to Mark in Spider Man learning, 568 00:31:55,680 --> 00:31:58,920 friends, curiosity. Are you still quite certain that 569 00:31:58,920 --> 00:32:02,360 you are yourself? Yes, Sir, Sir Wilfred I I'm more 570 00:32:02,360 --> 00:32:04,720 certain than I ever was. Who first suggested you were 571 00:32:04,720 --> 00:32:06,760 not? That Canadian Buckingham tell 572 00:32:06,760 --> 00:32:08,920 the Journey how he intervened. Yes, certainly. 573 00:32:09,480 --> 00:32:12,720 Two years ago, he came to ING with Hall and asked to see me. 574 00:32:12,920 --> 00:32:15,440 Under what name did he ask for? You my own name, of course. 575 00:32:15,520 --> 00:32:16,760 Mark Ludden. Well. 576 00:32:17,320 --> 00:32:20,000 He was or said he was penniless and he asked for money. 577 00:32:20,640 --> 00:32:22,480 I gave him a tenner for old times sake. 578 00:32:23,080 --> 00:32:24,600 That is where I made the mistake. 579 00:32:24,880 --> 00:32:26,480 Why? He didn't think it enough. 580 00:32:27,000 --> 00:32:29,960 He became very abusive. I had to send for the keeper to 581 00:32:29,960 --> 00:32:33,560 have him turned out of the park. Perhaps one day we may encounter 582 00:32:33,560 --> 00:32:35,920 Captain Buckingham. Perhaps one last question. 583 00:32:36,160 --> 00:32:39,240 Yes, about those Tutu marks. What inspired you to get 584 00:32:39,240 --> 00:32:42,680 tattooed at Hobheim? I believe it was really the 585 00:32:42,680 --> 00:32:45,320 sight of the letters on Wellness arm which put the idea into my 586 00:32:45,320 --> 00:32:48,040 head. Then as time hung so heavily on 587 00:32:48,040 --> 00:32:52,200 our hands and I heard it was a long job, I I thought I'd be 588 00:32:52,200 --> 00:32:54,720 tattooed. What was the underlying idea of 589 00:32:54,720 --> 00:32:56,960 selecting the initials of your wife's maiden name? 590 00:32:57,600 --> 00:33:01,560 Tell the jury. Well, one some of the prisoners 591 00:33:02,000 --> 00:33:06,680 died like flies from cholera. It occurred to me that I might 592 00:33:06,680 --> 00:33:11,600 easily die at that camp, and I I thought I'd like my fiance, if I 593 00:33:11,840 --> 00:33:18,200 did die, to know well that I carried her initials to my 594 00:33:18,200 --> 00:33:23,560 grave. Sounds romantic, but of course 595 00:33:24,040 --> 00:33:27,760 some of us are. I have no doubt the jury will be 596 00:33:27,760 --> 00:33:29,160 able to understand that sentiment to Mark. 597 00:33:29,920 --> 00:33:32,000 Thank you. We leave the box. 598 00:33:32,120 --> 00:33:38,040 Thank you. Lady Ludden. 599 00:33:38,680 --> 00:33:47,560 Lady Ludden Take. The book in your right hand you. 600 00:33:47,800 --> 00:33:51,720 Swear by Almighty God. One moment I don't want to 601 00:33:51,720 --> 00:33:55,200 appear to interfere with the conduct of the case by counsel 602 00:33:55,200 --> 00:33:57,480 of your experience, so will fit, but. 603 00:33:58,000 --> 00:33:59,480 I should welcome any suggestions. 604 00:33:59,680 --> 00:34:03,520 Of course, I am not in any way prejudging the issues, but in 605 00:34:03,520 --> 00:34:06,480 view of the plaintiff's own evidence and other evidence 606 00:34:06,480 --> 00:34:10,480 which I must assume to be your at your disposal, is it really 607 00:34:10,480 --> 00:34:14,400 necessary to impose on Lady Ludden the strain of giving 608 00:34:14,400 --> 00:34:16,800 evidence? But I ought to give evidence to 609 00:34:16,880 --> 00:34:18,480 my husband. I probably 1. 610 00:34:18,560 --> 00:34:21,040 Moment. Your Lordship will appreciate my 611 00:34:21,040 --> 00:34:22,800 friend. Mr Foxley might feel justified 612 00:34:22,800 --> 00:34:25,199 in allowing himself certain comment if he would deny the 613 00:34:25,199 --> 00:34:27,280 opportunity of cross examining. Lately doesn't. 614 00:34:27,280 --> 00:34:29,920 And what do you say, Mr Foxley? Oh, I entirely agree with your 615 00:34:29,920 --> 00:34:32,040 Lordship. This lady's evidence, under the 616 00:34:32,040 --> 00:34:34,880 peculiar circumstances, could carry my friend's Case No 617 00:34:34,880 --> 00:34:38,800 further, and I hope I I needn't assure the Court that the very 618 00:34:38,800 --> 00:34:42,679 responsible paper which I represent has no desire to add 619 00:34:42,679 --> 00:34:46,920 in any way to the poignancy of Lady Ludman's position. 620 00:34:47,199 --> 00:34:50,280 I am much obliged, my friend. I was confident that would be 621 00:34:50,280 --> 00:34:52,880 so. Mr Foxley, then Lady London, 622 00:34:53,159 --> 00:34:56,760 you'll be relieved, I feel sure, to be free from the necessity of 623 00:34:56,760 --> 00:35:00,160 giving any evidence. My Lord, of course I understood 624 00:35:00,160 --> 00:35:03,520 what you think best. You can leave the box now, Lady 625 00:35:03,560 --> 00:35:06,840 Lutton. If you find the strain too 626 00:35:06,840 --> 00:35:09,200 great, you can of course leave the court. 627 00:35:09,400 --> 00:35:12,240 Thank you, my Lord, I couldn't leave the court. 628 00:35:12,760 --> 00:35:15,920 I don't think we can go any further today. 629 00:35:15,920 --> 00:35:19,440 So Wilfred, are you calling anymore witnesses? 630 00:35:19,440 --> 00:35:21,760 I may of course have to ask your Lordship's indulgence to call 631 00:35:21,760 --> 00:35:24,840 rebutting evidence at a later stage subject that I only 632 00:35:24,840 --> 00:35:26,720 proposed to call the witnesses I've indicated. 633 00:35:26,720 --> 00:35:29,400 And so Eric Fulchrom, the well known service. 634 00:35:29,640 --> 00:35:33,960 Then, Mr Foxley, we ought to be able to begin the case for the 635 00:35:33,960 --> 00:35:37,600 defence tomorrow afternoon. Undoubtedly, my Lord and I shall 636 00:35:37,600 --> 00:35:42,320 try to emulate my learned friends uncharacteristic brevity 637 00:35:42,320 --> 00:35:45,200 in opening. That will leave me equally 638 00:35:45,200 --> 00:36:00,980 indebted to you both. The following afternoon, about 639 00:36:00,980 --> 00:36:04,580 3:00 PM, the Court is again in full session. 640 00:36:05,540 --> 00:36:08,940 Mr Thomas Foxley Casey has risen and is now delivering his 641 00:36:08,940 --> 00:36:11,180 opening speech for the Defendants newspaper. 642 00:36:13,000 --> 00:36:15,680 With regard to the general case which will be laid before you by 643 00:36:15,680 --> 00:36:19,640 me and my learned friend on behalf of the great newspaper 644 00:36:19,640 --> 00:36:25,640 which we represent members of the jury, I have purposely 645 00:36:25,640 --> 00:36:28,920 refrained from telling you even the nature of the evidence by 646 00:36:28,920 --> 00:36:33,200 which we shall sustain our case. I want you to hear the details 647 00:36:33,320 --> 00:36:37,600 from the witnesses themselves, and leave you to form your own 648 00:36:37,600 --> 00:36:41,680 impressions. I venture to think you will be 649 00:36:41,680 --> 00:36:45,360 surprised. Now, as I said to you at the 650 00:36:45,360 --> 00:36:50,080 start, if we are right, we shall have discharged a public duty. 651 00:36:50,800 --> 00:36:54,160 We shall have exposed a cold, calculated fraud on the 652 00:36:54,160 --> 00:36:58,240 tenderest affections, on a devoted tenantry, on a patriotic 653 00:36:58,240 --> 00:37:01,520 electorate. If we are wrong, we shall have 654 00:37:01,520 --> 00:37:04,640 to pay for it. You will make us pay a lot for 655 00:37:04,680 --> 00:37:07,680 it. We ought to pay a lot for it. 656 00:37:07,920 --> 00:37:13,640 But are we wrong? Now let me review quite shortly 657 00:37:13,640 --> 00:37:16,360 the evidence put before you by the plaintiff now to convince 658 00:37:16,360 --> 00:37:19,240 you that he is an English baronet, an English officer, an 659 00:37:19,240 --> 00:37:21,760 English MP. Well, first there was the 660 00:37:21,760 --> 00:37:26,320 plaintiff's own evidence. I'll say nothing about that. 661 00:37:27,200 --> 00:37:31,480 I'll leave you to form your own opinion about his shell shocked 662 00:37:31,480 --> 00:37:34,680 memory. I will only make this 663 00:37:34,680 --> 00:37:36,920 observation. Wouldn't it have been 664 00:37:36,920 --> 00:37:41,320 appallingly inconvenient for the plaintiff in a case like this if 665 00:37:41,320 --> 00:37:45,480 a chance shell had not enabled him to refuse an answer to every 666 00:37:45,480 --> 00:37:51,840 question on the whole of his life up to 10 years ago now? 667 00:37:52,720 --> 00:37:53,640 Members. Of the jury. 668 00:37:54,480 --> 00:37:58,560 To pass from the plaintiff, who else did my learned friend call? 669 00:37:59,400 --> 00:38:03,960 We had his parents in law. How far did their evidence take 670 00:38:03,960 --> 00:38:06,920 us? You will recall a members of the 671 00:38:06,920 --> 00:38:11,680 jury what they said. We have never had a moment's 672 00:38:11,680 --> 00:38:15,200 doubt of his identity, and we have not now. 673 00:38:16,720 --> 00:38:19,680 You may welcome to the conclusion, members of the jury, 674 00:38:19,920 --> 00:38:23,520 that these parents in law would be stultifying their own 675 00:38:23,520 --> 00:38:26,960 discharge of their own duties in the custody of their daughter if 676 00:38:26,960 --> 00:38:30,560 they admitted any doubt of the plaintiff's identity. 677 00:38:30,560 --> 00:38:32,840 Oh. Come, Mr Foxley, is that really? 678 00:38:33,440 --> 00:38:36,560 Really, by Lord, I must protest against my learned friend's 679 00:38:36,560 --> 00:38:39,520 gratuitous interruption. I deprecate interruption of 680 00:38:39,520 --> 00:38:44,360 Council's speeches unless they involve correction of facts 681 00:38:44,440 --> 00:38:49,640 proved in evidence. I do hope my learned friend will 682 00:38:49,640 --> 00:38:53,200 allow me just a few undisturbed minutes to conclude my speech. 683 00:38:54,760 --> 00:38:59,320 Lastly, members of the jury, as I was about to say, we had Sir 684 00:38:59,320 --> 00:39:01,680 Eric Fulsham, the famous specialist. 685 00:39:02,120 --> 00:39:06,360 Now he gave evidence on two points, shell shock and thibles. 686 00:39:07,720 --> 00:39:10,080 Did you really derive much assistance from him? 687 00:39:10,240 --> 00:39:13,400 Now do correct me if I'm wrong, but doesn't his evidence boil 688 00:39:13,400 --> 00:39:17,280 down to this? A shell shock may produce a vast 689 00:39:17,280 --> 00:39:21,400 variety of effects, nearly all of them subjective, that is to 690 00:39:21,400 --> 00:39:26,800 say, for practical purposes not visible to simple souls like you 691 00:39:27,200 --> 00:39:32,720 and me. Now, did we need to drag here 692 00:39:32,720 --> 00:39:35,800 the busiest and most fashionable surgeon in Harley Street to 693 00:39:35,800 --> 00:39:39,720 learn that? Then Sir Eric went out to say 694 00:39:39,720 --> 00:39:43,120 that he found on both of the plaintiffs thigh marks 695 00:39:43,120 --> 00:39:46,280 indicating some form of penetration, that it was 696 00:39:46,280 --> 00:39:49,880 impossible after this lapse of time to speak with certainty 697 00:39:50,080 --> 00:39:53,240 they were not inconsistent with bullet wounds. 698 00:39:53,240 --> 00:39:55,920 And oh really, members of the jury? 699 00:39:56,240 --> 00:40:00,720 What is the value of that? It still leaves us reduced to 700 00:40:00,760 --> 00:40:04,520 this dilemma. Either the plaintiff is Sir Mark 701 00:40:04,520 --> 00:40:09,480 Ludden, who we know was shot through both thighs, or, being 702 00:40:09,480 --> 00:40:13,400 Frank Welney, he has deliberately produced injuries 703 00:40:13,600 --> 00:40:17,280 corresponding to Sir Mark's. I really would be grateful if my 704 00:40:17,280 --> 00:40:20,000 friend would indicate how the cooperation of his doctor would 705 00:40:20,000 --> 00:40:22,080 have assisted the solution of that dilemma. 706 00:40:22,160 --> 00:40:24,880 I really would be grateful if my learned friend would refrain 707 00:40:24,880 --> 00:40:26,880 from these constant interruptions. 708 00:40:26,880 --> 00:40:32,480 Yes, Mr Foxley. Well, members of the jury, I 709 00:40:32,480 --> 00:40:37,160 shall now conclude our publication was intended, as is 710 00:40:37,160 --> 00:40:41,120 obvious, to be a challenge which no one in public life could 711 00:40:41,120 --> 00:40:43,920 possibly evade. It has been accepted. 712 00:40:44,080 --> 00:40:48,600 It had to be accepted. Members of the jury, I am 713 00:40:48,880 --> 00:40:52,880 confident your verdict will vindicate the public spirit of 714 00:40:52,880 --> 00:40:57,000 my clients. That is rarely all I shall say 715 00:40:57,000 --> 00:40:59,320 at present and I shall now be the assistant of my learner. 716 00:40:59,320 --> 00:41:02,560 Junior. Mr Hemsby, call the evidence for 717 00:41:02,560 --> 00:41:04,480 the defence. Mr Hemsby, call. 718 00:41:04,480 --> 00:41:14,560 Patrick Buchanan. Patrick Buchanan, take the book 719 00:41:14,560 --> 00:41:19,840 in your right hand. You swear by Almighty God, I 720 00:41:19,920 --> 00:41:22,880 swear by Almighty God. The evidence you shall give. 721 00:41:23,240 --> 00:41:25,440 The evidence I shall give. Shall be the truth. 722 00:41:25,680 --> 00:41:29,000 Shall be the truth, the whole truth, the whole truth, and 723 00:41:29,000 --> 00:41:31,440 nothing but the truth, and nothing but the truth. 724 00:41:33,560 --> 00:41:36,560 Your name is Patrick Buckingham and during the war you were a 725 00:41:36,560 --> 00:41:38,520 captain in the 7th Ontario Pioneers. 726 00:41:38,600 --> 00:41:42,560 That's right, you were taken prisoner at EEP the end of April 727 00:41:42,560 --> 00:41:45,400 1950. I was and was sent to Harvind 728 00:41:45,400 --> 00:41:45,960 Camp. Yes. 729 00:41:46,600 --> 00:41:50,360 How many British officers were there after the cholera outbreak 730 00:41:50,360 --> 00:41:53,760 in 1915? Only three of us were left, him, 731 00:41:54,720 --> 00:41:57,640 Mark, Ludden and me. Who is him? 732 00:41:58,240 --> 00:42:02,560 Welney, of course. Now, how do you know the 733 00:42:02,600 --> 00:42:06,200 plaintiff is Welney? Same as I know anyone else, by 734 00:42:06,280 --> 00:42:08,200 faith of course. I was in prison with him for 735 00:42:08,200 --> 00:42:11,000 about 3 years. We were both Canadians, so we 736 00:42:11,000 --> 00:42:14,200 piled up. Mark Ludden was a good guy, but 737 00:42:14,200 --> 00:42:16,720 very English. That stuck up, you understand, 738 00:42:16,720 --> 00:42:19,760 but not really pally. Keep myself to myself, sort of 739 00:42:19,760 --> 00:42:20,600 sportsman. Yes. 740 00:42:20,720 --> 00:42:23,720 Now, was there any resemblance between Welney and Ludden? 741 00:42:23,880 --> 00:42:27,280 Well, up to a point they might have been twins, but he was 742 00:42:27,280 --> 00:42:30,480 always grey as a badger and Ludden hadn't the grey hair. 743 00:42:30,640 --> 00:42:33,040 What? Not even after his experience 744 00:42:33,080 --> 00:42:35,280 met fire on the mark. Not him. 745 00:42:35,840 --> 00:42:37,320 I never heard of him being in a fire. 746 00:42:37,320 --> 00:42:39,480 No Of. Course not. 747 00:42:39,480 --> 00:42:42,960 Now we have seen for ourselves how terribly a shell shocked the 748 00:42:42,960 --> 00:42:45,840 plaintiff is. Whilst you were at Hoheim with 749 00:42:45,840 --> 00:42:48,720 some Mark Ludden, did you notice his shell shock? 750 00:42:49,000 --> 00:42:51,680 No, I didn't. He was as lame as an old crow 751 00:42:51,680 --> 00:42:53,720 with thigh wounds. That was his only trouble. 752 00:42:53,840 --> 00:42:55,520 Are you sure? Of that, well, how do you think 753 00:42:55,520 --> 00:42:57,960 we heard all about his family history in the States if his 754 00:42:57,960 --> 00:42:59,760 memory was all shell shocked away, I thought. 755 00:42:59,800 --> 00:43:01,840 He was so reserved. Yeah, really. 756 00:43:03,040 --> 00:43:05,840 Please. So he was reserved up to a 757 00:43:05,840 --> 00:43:09,280 point, but about a year after we'd been there together, word 758 00:43:09,280 --> 00:43:11,920 came that his father died and that he was a baronet. 759 00:43:12,400 --> 00:43:14,760 So he had to start and explain things a bit. 760 00:43:15,520 --> 00:43:17,320 Well, he took a lot more interest in him then. 761 00:43:17,480 --> 00:43:19,720 Seemed kind of fascinated by the title. 762 00:43:19,920 --> 00:43:23,320 And you say that Ludden was able to explain things? 763 00:43:23,760 --> 00:43:25,360 Sure. Well, as you could. 764 00:43:26,680 --> 00:43:30,400 Now we've heard that Frank Welney had lost a finger. 765 00:43:30,520 --> 00:43:33,240 He had, but I never knew till yesterday he'd shot it off 766 00:43:33,240 --> 00:43:36,240 himself. And the FW was tattooed on his 767 00:43:36,280 --> 00:43:36,840 right. Forearm. 768 00:43:36,840 --> 00:43:39,320 That's right Sir. And the letters were the same 769 00:43:39,320 --> 00:43:44,040 size and pattern as the EW on his arm I saw in court 770 00:43:44,040 --> 00:43:46,480 yesterday. Now that's very interesting. 771 00:43:47,600 --> 00:43:51,440 Now, do you remember Sir Mark Ludden's tattoo? 772 00:43:51,840 --> 00:43:55,400 Ludden never had anything tattooed too much of the English 773 00:43:55,400 --> 00:43:56,720 gentleman. I can believe it. 774 00:43:57,960 --> 00:44:01,640 You remember Sir Mark losing his finger when he escaped of. 775 00:44:02,120 --> 00:44:04,640 Course I don't. Nothing wrong with his arms or 776 00:44:04,640 --> 00:44:08,640 hand then, thank. You Now let's get on quickly to 777 00:44:08,720 --> 00:44:11,200 October 1918. What happened then? 778 00:44:11,560 --> 00:44:13,840 Our guards were reduced, so we tried to escape. 779 00:44:13,960 --> 00:44:15,800 Who are we? Laden, Welney and I. 780 00:44:16,360 --> 00:44:18,800 We got off all right at the first attempt and we trekked 781 00:44:18,800 --> 00:44:20,880 towards the Belgian Frontier. Moving at night. 782 00:44:21,240 --> 00:44:25,160 That meant getting over about 250 miles 2. 150 miles to the 783 00:44:25,160 --> 00:44:27,800 frontier, Yes, well. About a month later, a few days 784 00:44:27,800 --> 00:44:31,240 before the Armistice, we reached the outskirts of a small town, 785 00:44:31,240 --> 00:44:33,840 Stabilo, just over the Frontier by Mile meeting. 786 00:44:34,120 --> 00:44:36,560 What happened there? Well it was my turn to forage 787 00:44:36,560 --> 00:44:39,240 for food. Well near I always had to do it. 788 00:44:39,520 --> 00:44:42,720 You see, we got hold of civvies. Laden was in uniform all the 789 00:44:42,720 --> 00:44:45,280 time, so he had to lie low. Well, well, well. 790 00:44:45,280 --> 00:44:47,120 You went off to forage near Stabilis? 791 00:44:47,120 --> 00:44:49,760 Yeah, I I went off and I left the other two in a wood about 792 00:44:50,080 --> 00:44:52,040 half a mile up the hill outside the town. 793 00:44:52,880 --> 00:44:55,800 When I got back with some grub. Well, they had done a bunk. 794 00:44:55,960 --> 00:44:57,600 Done a bunk. He disappeared. 795 00:44:58,400 --> 00:45:04,120 Only Laden was there, and he. Yes, What had happened? 796 00:45:04,920 --> 00:45:07,680 Well, I reckon we'll never know the exact truth. 797 00:45:07,960 --> 00:45:14,360 Tell the jury what you saw. I saw Mark Ludden where I'd left 798 00:45:14,360 --> 00:45:17,360 them both. He was lying on the ground with 799 00:45:17,360 --> 00:45:24,240 his head bashed in. Any signs of a struggle? 800 00:45:24,440 --> 00:45:27,400 There sure was. Ludden's clothes were more red 801 00:45:27,400 --> 00:45:29,080 than khaki. His arm had been smashed to a 802 00:45:29,080 --> 00:45:30,120 pulp. Which arm? 803 00:45:30,320 --> 00:45:32,960 His right arm. He was smothered in blood, face 804 00:45:32,960 --> 00:45:35,800 and arms. And you say that there was no 805 00:45:35,800 --> 00:45:39,480 trace of Welney. No, and no trace of anything in 806 00:45:39,480 --> 00:45:42,000 Ludden's pockets either. Well, what did you do? 807 00:45:42,400 --> 00:45:44,800 Well, I left to them as well as I could in the dark, and I took 808 00:45:44,800 --> 00:45:46,640 him along to the door of the first big house. 809 00:45:46,640 --> 00:45:49,520 I left him on the step and and I ran away like hell. 810 00:45:49,520 --> 00:45:51,760 And what did you do then? I shoved along in the right 811 00:45:51,760 --> 00:45:55,400 direction, keeping an eye open for our friend over there. 812 00:45:55,520 --> 00:45:57,520 Whom do you mean? Welney, Welney. 813 00:45:57,720 --> 00:45:59,640 I didn't want him to do me. And two. 814 00:45:59,840 --> 00:46:04,800 When did you meet Welney? When did you meet the plaintiff 815 00:46:04,960 --> 00:46:06,960 again? I was wandering around the 816 00:46:06,960 --> 00:46:09,280 country about two years ago on Shanks Pony. 817 00:46:09,960 --> 00:46:12,800 I came to some village in Norfolk with a final park and 818 00:46:12,800 --> 00:46:15,120 modelled cottages. Sort of place that makes you 819 00:46:15,120 --> 00:46:17,760 feel that if you were the Squire you wouldn't change places with 820 00:46:17,760 --> 00:46:20,200 a millionaire. Yes, I had a drink in the pub 821 00:46:20,840 --> 00:46:23,840 and I asked whose place it was. They told me it was Sir Mark 822 00:46:23,840 --> 00:46:26,080 Ludden. Well, I pricked up my ears. 823 00:46:26,560 --> 00:46:29,000 I knew Pearl Mark was dead, but I went along. 824 00:46:29,960 --> 00:46:32,920 I thought it might be some sort of relation who'd come across 825 00:46:32,920 --> 00:46:35,360 with a bit after I'd told him about the last hours of Sir 826 00:46:35,360 --> 00:46:36,200 Mark. Well. 827 00:46:36,880 --> 00:46:38,800 I went along and I asked to see the Squire. 828 00:46:39,400 --> 00:46:41,760 They told me he was out just then. 829 00:46:42,040 --> 00:46:45,360 Who should come up but my old pal Welney, quite the Squire 830 00:46:45,360 --> 00:46:48,960 too, had gun over his shoulder. Damn nice dog at his heels. 831 00:46:49,880 --> 00:46:51,480 He could have knocked me over with a feather. 832 00:46:52,160 --> 00:46:54,040 The same feather would have knocked him over too. 833 00:46:55,000 --> 00:46:57,680 Well, I recovered first. No, I hadn't seen him since the 834 00:46:57,680 --> 00:46:59,960 night he left poor old Ludden murdered. 835 00:47:01,360 --> 00:47:04,360 I asked him what the devil he was doing there and he said who 836 00:47:04,360 --> 00:47:06,480 the hell is this? To whom did he say that? 837 00:47:06,720 --> 00:47:09,320 To his Butler, Judge. He was standing beside us. 838 00:47:09,840 --> 00:47:11,880 I said. None of your jokes, Frank. 839 00:47:12,360 --> 00:47:14,400 You know Pat Buckingham just as well as he knows you. 840 00:47:14,400 --> 00:47:15,200 Yes. What the? 841 00:47:15,880 --> 00:47:18,600 Well, he seemed to put himself together a bit and he asked me 842 00:47:18,600 --> 00:47:21,280 to have a drink. We went into a really fine room 843 00:47:21,280 --> 00:47:24,320 and when he'd shut the door behind us, I said, what are you 844 00:47:24,320 --> 00:47:26,640 doing here, Frank? And I remember he said, why do 845 00:47:26,640 --> 00:47:28,640 you keep calling me Frank? My name is Mark. 846 00:47:29,520 --> 00:47:31,880 None of your nonsense, I said. It was dirty work. 847 00:47:31,880 --> 00:47:34,240 He urged Frank to wind up poor old Mark like that. 848 00:47:34,960 --> 00:47:38,000 Then he got angry and the feathers began to fly and I like 849 00:47:38,000 --> 00:47:39,640 him out of damn sight quicker than I went in. 850 00:47:39,760 --> 00:47:43,600 You must remember that you're in an English court, Captain 851 00:47:43,600 --> 00:47:45,680 Buckingham. What do you mean? 852 00:47:46,000 --> 00:47:48,320 Well, you had me chucked out and that made me sore. 853 00:47:48,560 --> 00:47:52,600 Well, I soon figured out that he was pretending to be Sir Mark 854 00:47:52,600 --> 00:47:56,000 Ludden, so I made it my business to find out the man who ought to 855 00:47:56,000 --> 00:47:59,240 be in Sir Mark's shoes, and have his house and title and estate 856 00:47:59,240 --> 00:48:00,120 and. Who was that? 857 00:48:00,720 --> 00:48:02,680 Captain Gerald Ludden. Yeah. 858 00:48:02,880 --> 00:48:05,680 He lived in the next village. I had what you might call a 859 00:48:06,080 --> 00:48:08,200 heart to heart talk with him there. 860 00:48:08,200 --> 00:48:10,040 You. Are I suppose you mean he was 861 00:48:10,040 --> 00:48:13,040 interested in what you told him? I have never seen a man more 862 00:48:13,040 --> 00:48:15,640 interested in anything. Yes, I dare say that might be 863 00:48:15,680 --> 00:48:17,720 the case. Now I have asked you only one 864 00:48:17,720 --> 00:48:21,240 more question. Have you, now that you've been 865 00:48:21,240 --> 00:48:26,200 watching him for two days, the least doubt of the identity of 866 00:48:26,200 --> 00:48:28,640 the plaintiff? Now is Frank Welney. 867 00:48:28,960 --> 00:48:36,300 Thank you. Captain Buchanan. 868 00:48:37,740 --> 00:48:42,700 Captain Buchanan, Am I right in assuming that your suggestion is 869 00:48:42,700 --> 00:48:46,220 that Frank Warner murdered Sir Mark Ludden? 870 00:48:46,640 --> 00:48:48,240 Of course he did. I left them together. 871 00:48:48,240 --> 00:48:50,480 What sort of time was this? About 8-9 o'clock. 872 00:48:50,480 --> 00:48:52,600 Few days before the Armistice it would be dark. 873 00:48:52,600 --> 00:48:55,240 It was dark, I told you so. Then how can you be so sure that 874 00:48:55,240 --> 00:48:58,360 it was poor old Mark and not willing that you carried his 875 00:48:58,360 --> 00:49:00,160 face you said was smothered in blood? 876 00:49:00,240 --> 00:49:02,800 No doubt about it. If I hadn't known his shape when 877 00:49:02,800 --> 00:49:04,520 I carried him, I'd have known his uniform. 878 00:49:05,080 --> 00:49:07,160 I tell you, he was the only one of the party in uniform. 879 00:49:07,200 --> 00:49:10,400 It is it. How long ago was your coal 880 00:49:10,400 --> 00:49:12,320 reading with? Just over a year ago. 881 00:49:12,720 --> 00:49:14,000 What employment have you had since? 882 00:49:14,320 --> 00:49:16,400 Oh, I've seen different people about the case. 883 00:49:17,520 --> 00:49:21,160 What have you lived on? Different people have given me 884 00:49:21,160 --> 00:49:22,720 money. Now aren't you lucky? 885 00:49:22,720 --> 00:49:26,440 No wonder who? Because that given me a bit. 886 00:49:27,000 --> 00:49:28,400 That sounds most generous of them. 887 00:49:29,240 --> 00:49:31,480 How much? 5 lbs a week to keep me in 888 00:49:31,480 --> 00:49:33,440 England. And who else has given you 889 00:49:33,440 --> 00:49:35,520 money? Captain Gerald Ludden sends me a 890 00:49:35,520 --> 00:49:37,840 tenner a month. Seems to be a generous open 891 00:49:37,840 --> 00:49:42,160 handed sportsman. What made The Gazette so lavish? 892 00:49:42,200 --> 00:49:46,440 How should I know? It's some years now since you 893 00:49:46,440 --> 00:49:47,560 would immobilise. It is. 894 00:49:48,000 --> 00:49:50,960 And where have you lived during those years, Captain Buckingham? 895 00:49:51,880 --> 00:49:54,640 Different places. I wonder if I can guess some of 896 00:49:54,640 --> 00:49:57,760 them. Did you spend nine months at 897 00:49:58,240 --> 00:50:02,360 Liverpool in gaol? My pardon, Judge, is the 898 00:50:02,400 --> 00:50:04,880 barrister allowed to go into my private trouble? 899 00:50:04,920 --> 00:50:08,640 Certainly is. In cross examination answer 900 00:50:08,640 --> 00:50:12,760 learning councils Christians, they are directed to the point 901 00:50:12,760 --> 00:50:15,920 whether you are a person to be believed on our oath. 902 00:50:16,960 --> 00:50:19,720 Did I guess the right address for those nine months in 1920? 903 00:50:20,080 --> 00:50:22,080 Yes. That was for false pretences, 904 00:50:22,080 --> 00:50:24,560 yes. And then did you spend 18 months 905 00:50:24,600 --> 00:50:27,320 at Newcastle? Yes, in prison. 906 00:50:27,920 --> 00:50:29,960 What was that for? Same sort of thing. 907 00:50:30,240 --> 00:50:32,760 Wasn't it for blackmail? Something of the sort. 908 00:50:32,960 --> 00:50:35,120 Some people might describe you as a professional. 909 00:50:35,120 --> 00:50:37,400 Blackmailer and some people would be wrong. 910 00:50:37,440 --> 00:50:39,120 And you're at it again, aren't? You. 911 00:50:39,120 --> 00:50:41,200 What do you mean? Look at that letter. 912 00:50:42,400 --> 00:50:43,360 Yeah, sure. We'll bring it to you. 913 00:50:48,560 --> 00:50:50,520 That's your letter, isn't it? Yes. 914 00:50:50,720 --> 00:50:52,040 Written a year ago to the plaintiff. 915 00:50:52,240 --> 00:50:53,360 Yes. Hand it back. 916 00:50:55,560 --> 00:50:57,920 Nice gentlemanly letter, wasn't it? 917 00:50:58,640 --> 00:51:00,840 The letter of a stupid fool on his uppers. 918 00:51:01,080 --> 00:51:04,480 A pretty effort in blackmail. What would you have done if 919 00:51:04,480 --> 00:51:07,360 you'd had the shock of getting the £1000 you demanded in the 920 00:51:07,360 --> 00:51:08,880 letter? I'd have cleared off and said 921 00:51:08,880 --> 00:51:10,280 nothing. I suggest you'd have led Sir 922 00:51:10,280 --> 00:51:12,440 Mark Ludden White as veal again and again. 923 00:51:12,440 --> 00:51:14,800 Oh, I'd have left him alone. Although you say he had murdered 924 00:51:14,800 --> 00:51:17,160 your friend and secured his wife for the fondest treachery. 925 00:51:17,160 --> 00:51:20,480 He was no concern of mine. Well, the blackmail was your 926 00:51:20,480 --> 00:51:24,480 concern. I think the jury will know what 927 00:51:24,480 --> 00:51:27,200 to think of you and your evidence. 928 00:51:28,760 --> 00:51:37,480 You may leave the box. Call Doctor Emil Flutter. 929 00:51:49,440 --> 00:51:55,000 You speak English, I take take the book in your right hand. 930 00:51:56,760 --> 00:52:00,760 You swear by Almighty God. I swear by Almighty God. 931 00:52:01,080 --> 00:52:04,560 The evidence you shall give. The evidence I shall give. 932 00:52:04,880 --> 00:52:06,760 Shall be the truth. Shall be the truth. 933 00:52:07,200 --> 00:52:08,720 The whole truth. The whole truth. 934 00:52:09,120 --> 00:52:11,560 And nothing but the. Truth and nothing but the truth. 935 00:52:16,640 --> 00:52:20,880 Your name is Emil Floro and you practise as a doctor of medicine 936 00:52:20,880 --> 00:52:24,160 in the town of Stavelo on the old Belgian frontier. 937 00:52:24,480 --> 00:52:26,040 Baby. I mean, yes. 938 00:52:26,640 --> 00:52:28,760 I believe you understand English darker. 939 00:52:29,120 --> 00:52:32,520 Perfectly, Mr Perfectly. I think you act as physician and 940 00:52:32,520 --> 00:52:35,680 surgeon to the auspice Dalenais at Stavelo. 941 00:52:36,000 --> 00:52:37,880 For more than 20 years, that is so. 942 00:52:38,320 --> 00:52:42,600 That is a public lunatic asylum. For the poor and friendless at 943 00:52:42,600 --> 00:52:45,560 the expense of the state. Do you remember something which 944 00:52:45,560 --> 00:52:48,840 happened two days before the Armistice in 1918? 945 00:52:49,040 --> 00:52:51,320 Yes, it come back to me distinctly. 946 00:52:52,400 --> 00:52:55,800 A boy summoned me at midnight to a farmhouse just outside 947 00:52:55,800 --> 00:52:58,800 Malmidi. It was raining, I remember, in 948 00:52:58,800 --> 00:53:01,880 waterspouts, but I sent it forth in spite of it. 949 00:53:01,960 --> 00:53:04,160 Who knew what mischief I might not be able to avert? 950 00:53:04,520 --> 00:53:07,000 Who indeed, Doctor? Well. 951 00:53:07,680 --> 00:53:13,360 On arrival at the Palm, there on the doorstep lay a corpse in 952 00:53:13,360 --> 00:53:15,560 very old English uniform. You call it Cat. 953 00:53:16,600 --> 00:53:18,320 I met down. I felt a pulse. 954 00:53:18,680 --> 00:53:23,240 The heart, the corpse was not quite dead, but also nearly a 955 00:53:23,240 --> 00:53:27,640 corpse has made no difference. In what condition was the body? 956 00:53:28,280 --> 00:53:29,440 This. Skull. 957 00:53:29,480 --> 00:53:33,600 Has been fractured with truly cruel lacerations by some heavy 958 00:53:33,600 --> 00:53:37,960 blunt instrument. The face is drenched in blood. 959 00:53:38,760 --> 00:53:40,680 Slowly. The blood still oozes from the 960 00:53:40,680 --> 00:53:44,120 right hand and arm. Evidently there has been a 961 00:53:44,120 --> 00:53:46,480 terrible struggle. The wounded man has been 962 00:53:46,480 --> 00:53:48,800 attacked with the butt of a rifle or some heavy club. 963 00:53:49,520 --> 00:53:53,160 He has tried to protect his poor head with his right arm, and in 964 00:53:53,160 --> 00:53:56,400 the struggle he has received heavy blows ever so many in 965 00:53:56,400 --> 00:54:00,280 succession on his arm. His poor arm and elbow is 966 00:54:00,280 --> 00:54:04,080 smashed, and then his brute Lacella completed his murder 967 00:54:04,080 --> 00:54:08,320 with some heavy weapon, almost certainly, as I say, the butt of 968 00:54:08,320 --> 00:54:10,600 a rifle or. I'm sorry to interrupt with you, 969 00:54:11,080 --> 00:54:14,280 but I want to be quite clear. You are giving us your 970 00:54:14,280 --> 00:54:17,360 conjectures of the struggle. You didn't happen to watch it. 971 00:54:18,000 --> 00:54:22,360 No. But sometimes science can be 972 00:54:22,360 --> 00:54:26,280 more definite than sight. The injuries told the tale ever 973 00:54:26,280 --> 00:54:30,800 so clearly to the timed man. I think the Tumblr intelligences 974 00:54:30,800 --> 00:54:33,880 in this court were able to understand you, Doctor. 975 00:54:35,360 --> 00:54:39,320 Yes, please continue. Doctor, what did you do? 976 00:54:40,040 --> 00:54:44,000 There was no hope of recovery, but they determined to do 977 00:54:44,000 --> 00:54:47,880 matters. I dressed his wounds at the 978 00:54:47,880 --> 00:54:51,960 farm, and next morning had him removed to my auspice for mental 979 00:54:51,960 --> 00:54:55,560 cases where I amputated his right arm. 980 00:54:55,920 --> 00:55:00,000 And then gradually a miracle occur. 981 00:55:00,760 --> 00:55:04,080 Sometimes it so happens, but poor unfortunate recovered 982 00:55:04,080 --> 00:55:08,000 completely in a physical sense, but the appalling concussion of 983 00:55:08,000 --> 00:55:11,720 the blows which so nearly killed him has deprived him of all 984 00:55:11,800 --> 00:55:14,000 intelligence. Can he speak? 985 00:55:14,120 --> 00:55:17,240 I cannot say he has a tongue. He has not ever used it. 986 00:55:17,240 --> 00:55:20,480 He cannot understand a word written or spoken, English or 987 00:55:20,480 --> 00:55:22,320 French. He cannot think. 988 00:55:22,320 --> 00:55:26,040 What became of your patient? He is alive, I gather. 989 00:55:26,080 --> 00:55:29,720 Oh yes, Milor. He has ever since been an image. 990 00:55:30,240 --> 00:55:39,680 We call him Numeroca. #15 Why? What other name could we give 991 00:55:39,680 --> 00:55:42,200 him? We knew him not, and that has 992 00:55:42,200 --> 00:55:45,080 ever since been the number of his cell. 993 00:55:45,880 --> 00:55:49,400 I believe you produced one or two exhibits associated with 994 00:55:49,400 --> 00:55:52,800 this sad case. Oh yes, in this parcel of mine. 995 00:55:53,000 --> 00:56:00,320 Thank you, thank you very much. Now this is the kaki jacket 996 00:56:00,920 --> 00:56:03,160 Numero Cares was wearing at the time. 997 00:56:04,120 --> 00:56:06,920 See how it is stand with torrents of blood. 998 00:56:07,920 --> 00:56:10,400 It has lost the right sleeve. It is unfortunate I had to cut 999 00:56:10,400 --> 00:56:12,440 that off to examine the arm. It could not be helped. 1000 00:56:12,800 --> 00:56:15,680 Unless my learned friend would admit it, I shall prove later, 1001 00:56:15,680 --> 00:56:18,520 my Lord, that the badges and buttons of this jacket were worn 1002 00:56:18,520 --> 00:56:19,880 by officers of the Rifle Brigade. 1003 00:56:19,880 --> 00:56:22,680 I'll admit, my Lord, the that exhibit, he is the Rifle Brigade 1004 00:56:22,680 --> 00:56:24,360 jacket. But I shall ask you at a later 1005 00:56:24,360 --> 00:56:27,120 stage, Let me call the plaintiff on this point, which was never 1006 00:56:27,120 --> 00:56:28,880 put to him by my friend. No, my learned friend is quite 1007 00:56:28,880 --> 00:56:29,560 right. I cannot. 1008 00:56:29,720 --> 00:56:31,800 Very well, Sir Wilfred, I'll remember. 1009 00:56:32,840 --> 00:56:35,120 Do you produce anything else, Doctor? 1010 00:56:36,280 --> 00:56:40,920 Yes, I have brought with me another exhibit from Belgium, 1011 00:56:42,800 --> 00:56:54,300 numeral kinds. #15. Yes milord, that's so 1012 00:56:54,300 --> 00:56:56,660 unfortunate. Body without a brain. 1013 00:56:57,620 --> 00:57:01,820 May my assistant bring him in. I am sure Milan will allow it. 1014 00:57:11,600 --> 00:57:17,360 Who is this man, Doctor? That is New York Times. 1015 00:57:18,360 --> 00:57:23,360 May I come down from this box and display certain features? 1016 00:57:23,680 --> 00:57:34,960 I am sure my lad will permit it. Now, as you see, that right arm 1017 00:57:34,960 --> 00:57:40,040 was amputated to save his life. There are traces of thigh 1018 00:57:40,040 --> 00:57:43,280 injuries I believe. A bullet, All bullets have 1019 00:57:43,280 --> 00:57:47,640 traversed both thighs. I I dare say your Lordship, will 1020 00:57:47,640 --> 00:57:50,160 allow the jury to see those wounds at the rising of the 1021 00:57:50,160 --> 00:57:53,520 court in a private room. In the presence of both parties. 1022 00:57:53,600 --> 00:57:59,120 Yes, Doctor Claude, if you please, resume your place in the 1023 00:57:59,120 --> 00:58:01,120 box. Back in the case. 1024 00:58:06,520 --> 00:58:09,560 Now there is an important question in this case, Doctor. 1025 00:58:10,560 --> 00:58:14,600 It is whether this poor man's real name is Welney or whether 1026 00:58:14,600 --> 00:58:16,760 his real name is Sir Mark Ludden. 1027 00:58:16,760 --> 00:58:18,760 That is indeed an interesting question. 1028 00:58:18,760 --> 00:58:20,880 And for numerical he does not know. 1029 00:58:20,880 --> 00:58:22,920 He cannot. Tell, but can you tell us, 1030 00:58:22,920 --> 00:58:26,920 doctor, whether the amputated arm had lost a finger or was 1031 00:58:26,920 --> 00:58:30,840 tattooed with the letters FW? No, I should have seen them. 1032 00:58:30,880 --> 00:58:34,120 I must have seen them. And the lost finger, That too I 1033 00:58:34,120 --> 00:58:37,720 should have seen. Yes, thank you, doctor, Sir. 1034 00:58:37,720 --> 00:58:42,440 Well. I want you, Monsieur, to help us 1035 00:58:42,440 --> 00:58:45,440 all as far as you can in dealing with this mysterious case. 1036 00:58:46,000 --> 00:58:49,520 I shall be only too happy. Now, just a word about that 1037 00:58:49,520 --> 00:58:52,280 amputated right arm. Would you swear that that night 1038 00:58:52,280 --> 00:58:54,680 so many years ago, you looked for injured fingers all to two 1039 00:58:54,680 --> 00:58:56,520 marks? No, I. 1040 00:58:56,840 --> 00:58:58,920 I. Dare not, would you, all these 1041 00:58:58,920 --> 00:59:01,560 years after, destroy a happy marriage and make an innocent 1042 00:59:01,560 --> 00:59:05,120 child a bastard by swearing that there was no special scars or 1043 00:59:05,120 --> 00:59:10,280 peculiarities on that arm? No, I I have a conscience. 1044 00:59:10,320 --> 00:59:12,920 I I dare not. I knew I could rely on those 1045 00:59:12,920 --> 00:59:14,760 scruples. Now about the leg wounds. 1046 00:59:16,600 --> 00:59:19,440 It has been suggested that he walked about 250 miles in a 1047 00:59:19,440 --> 00:59:20,600 month. Could he? 1048 00:59:20,600 --> 00:59:22,400 Oh. No, he could not do so of. 1049 00:59:22,520 --> 00:59:25,280 That I am confident he is. But if he is Frank Welney, he 1050 00:59:25,280 --> 00:59:26,760 must have done so. Then he is not. 1051 00:59:26,960 --> 00:59:28,920 And if he is laden, he must have done so. 1052 00:59:28,960 --> 00:59:31,800 Then he is not laden. I tell you, unless he was a 1053 00:59:31,800 --> 00:59:36,160 Superman, he could not walk 250 miles in a month on those poor 1054 00:59:36,160 --> 00:59:38,080 legs. It comes to this doctor, doesn't 1055 00:59:38,080 --> 00:59:40,440 it? No one can claim to have the 1056 00:59:40,440 --> 00:59:45,040 least idea who he is. That is why is that when all is 1057 00:59:45,120 --> 00:59:47,880 so vague? All I suggest is he can't be so 1058 00:59:47,880 --> 00:59:50,560 Mark Ludden because the mark is alive and well there. 1059 00:59:51,840 --> 00:59:53,640 How could you be mistaken to Wilfred? 1060 00:59:54,200 --> 00:59:57,440 Evidently, that must be so. Mercy, miss you. 1061 00:59:59,480 --> 01:00:05,080 Thank you. Can we get on, Mr Hemsby? 1062 01:00:06,120 --> 01:00:09,920 Excuse me, Your Lordship, but will you wait one minute for Mr 1063 01:00:09,920 --> 01:00:11,920 Foxley? He's having an important 1064 01:00:11,920 --> 01:00:15,000 consultation with our clients only just outside the court. 1065 01:00:15,000 --> 01:00:20,120 Why should I wait for Mr Foxley? What is a junior for Mr Hemsby? 1066 01:00:20,480 --> 01:00:24,280 In the case of this importance, milad to be seen and not heard. 1067 01:00:24,520 --> 01:00:28,000 Do you wish to re examine this witness, Mr Hemsby? 1068 01:00:29,080 --> 01:00:32,120 No Milad and. Then you can go Doctor Flourdock 1069 01:00:32,880 --> 01:00:37,280 leave the box. Yes, thank you. 1070 01:00:41,720 --> 01:00:48,600 Doctor. Will you call your next witness, 1071 01:00:48,600 --> 01:00:51,840 Mr? I mean some difficulty, Milad. 1072 01:00:52,040 --> 01:00:54,800 I don't really know whom my learned leader was proposing to 1073 01:00:54,800 --> 01:00:57,440 call next. In his absence, you are in 1074 01:00:57,440 --> 01:01:01,040 charge of the defence. If you have any further witness 1075 01:01:01,040 --> 01:01:04,080 to call, that witness must go into the box. 1076 01:01:04,080 --> 01:01:10,960 Now all your case is closed. Ah, here is Mr Foxley now. 1077 01:01:11,200 --> 01:01:15,280 I must apologise. I needn't assure you that my 1078 01:01:15,280 --> 01:01:18,000 absence men no disrespect to Your Lordship's Court. 1079 01:01:18,360 --> 01:01:21,880 Are you going to call any further evidence, Mr Foxley? 1080 01:01:21,920 --> 01:01:25,160 Yes, my Lord, I have my next witness ready. 1081 01:01:25,160 --> 01:01:29,960 Well, will you call him? I call Lady Ludden. 1082 01:01:31,360 --> 01:01:32,800 Whom? Mr Foxman. 1083 01:01:33,920 --> 01:01:37,200 Lady Ludden, my Lord. Sir Mark's wife. 1084 01:01:37,440 --> 01:01:41,400 The plaintiff's wife, your Lordship, will recall that there 1085 01:01:41,400 --> 01:01:44,480 was some question of her giving evidence yesterday. 1086 01:01:44,480 --> 01:01:47,800 Yes, of course. Yes, this is very unusual. 1087 01:01:47,960 --> 01:01:50,280 It is a very unusual case, my Lord. 1088 01:01:50,280 --> 01:01:53,600 So it seems very well. Call Lady Ludden. 1089 01:01:55,360 --> 01:02:04,200 Lady Ludden. You swear by Almighty God. 1090 01:02:04,880 --> 01:02:09,240 I swear by Almighty God. The evidence you shall give. 1091 01:02:09,560 --> 01:02:12,640 The evidence I shall give. Shall be the truth. 1092 01:02:13,440 --> 01:02:16,160 Shall be the truth. The whole truth, The whole 1093 01:02:16,160 --> 01:02:18,280 truth. And nothing but the truth. 1094 01:02:19,040 --> 01:02:26,320 And nothing but the. Truth, Lady Ludden, you have not 1095 01:02:26,320 --> 01:02:29,440 been served with any subpoena to give evidence. 1096 01:02:30,080 --> 01:02:33,360 No. You are giving evidence of your 1097 01:02:33,360 --> 01:02:37,280 own free will. Well, Lady Lund. 1098 01:02:38,760 --> 01:02:43,120 No, not exactly of my own free will, Mr. Fox. 1099 01:02:43,120 --> 01:02:44,720 Day. Not of her own, so well repeats. 1100 01:02:45,840 --> 01:02:49,360 I should think you should explain that, Lady Lund. 1101 01:02:50,000 --> 01:02:56,320 I'm here because, well, my father thinks, insist I ought to 1102 01:02:56,320 --> 01:02:59,360 give my evidence and I. But your father, General 1103 01:02:59,360 --> 01:03:02,320 Winterton, has already given evidence for Saint Mark. 1104 01:03:02,320 --> 01:03:06,880 For the plaintiff, my Lord, I am now calling his daughter this 1105 01:03:06,880 --> 01:03:08,600 lady. For the defendant. 1106 01:03:08,600 --> 01:03:13,080 Of course, that is obvious. Well, Lady Ludden, are you 1107 01:03:13,080 --> 01:03:15,760 willing to be called on behalf of the defence? 1108 01:03:15,800 --> 01:03:18,240 It's for Mark. So, Mark? 1109 01:03:18,240 --> 01:03:24,040 I must even now. You seem to be taking a great 1110 01:03:24,040 --> 01:03:27,280 risk, Mr Foxley. I am prepared to incur it, my 1111 01:03:27,280 --> 01:03:30,600 Lord. Your name is Enid and you are 1112 01:03:30,600 --> 01:03:32,040 the only daughter of General Winton. 1113 01:03:32,040 --> 01:03:32,520 CD. Yes. 1114 01:03:33,080 --> 01:03:37,080 Before we go any further, Lady Gutten, I think perhaps you owe 1115 01:03:37,080 --> 01:03:40,760 an explanation to my Lord and to the. 1116 01:03:41,200 --> 01:03:42,880 Why? Why Mr Foxley? 1117 01:03:43,160 --> 01:03:49,240 They saw you yesterday go into the box apparently prepared to 1118 01:03:49,240 --> 01:03:53,800 give evidence for your husband. Yes, If you had given evidence 1119 01:03:53,800 --> 01:03:56,560 yesterday, would it have been the evidence you are prepared to 1120 01:03:56,560 --> 01:03:59,640 give today? No, the evidence I promised to 1121 01:03:59,640 --> 01:04:01,560 give wouldn't have been the same. 1122 01:04:01,760 --> 01:04:05,800 Lady Ludden, I am sure you don't mean you had promised to give 1123 01:04:05,800 --> 01:04:08,200 evidence to mislead this call. Oh. 1124 01:04:08,200 --> 01:04:11,520 No, my Lord, of course not. When I told my husband's 1125 01:04:11,520 --> 01:04:15,640 solicitors what I'd say, I thought that I felt sure it was 1126 01:04:15,640 --> 01:04:19,840 the truth then. Then I see well Mr Foxne. 1127 01:04:19,920 --> 01:04:24,080 If you're Lodge, please now, Lady Lutton, did you in 1914 1128 01:04:24,080 --> 01:04:26,840 become engaged to mark only sudden heir of Sir Peter Lutton, 1129 01:04:26,840 --> 01:04:28,520 Baroness of Ingwick Hall in the County of North? 1130 01:04:28,640 --> 01:04:31,800 Yes, I believe you were very young at that time. 1131 01:04:32,040 --> 01:04:36,320 I was only 17. Did you in April and 1919 go 1132 01:04:36,320 --> 01:04:39,320 through the ceremony of marriage with the plaintiff at Ingwick 1133 01:04:39,360 --> 01:04:40,040 Church? Yes. 1134 01:04:41,000 --> 01:04:43,800 Was your husband married to you as Sir Mark Lutton? 1135 01:04:43,880 --> 01:04:47,400 Yes. Only three more questions from 1136 01:04:47,400 --> 01:04:49,600 me, Lady Lutton. Did. 1137 01:04:49,800 --> 01:04:53,560 Mark Lutton, ever write to you from captivity? 1138 01:04:53,760 --> 01:04:56,880 At regular intervals after the first two months. 1139 01:04:56,920 --> 01:05:02,080 Now I want you to search your memory most carefully, as indeed 1140 01:05:02,120 --> 01:05:06,280 I know you will. Did any of those letters reveal 1141 01:05:06,280 --> 01:05:10,640 to you any loss of pre war memories? 1142 01:05:13,440 --> 01:05:19,760 No, no, Before he could have heard from me, after he was 1143 01:05:19,760 --> 01:05:23,520 taken prisoner, he wrote and asked me to wait for him until 1144 01:05:23,520 --> 01:05:26,080 the war was over. And you did. 1145 01:05:26,760 --> 01:05:30,320 Yes, I waited. Did he ever complain in those 1146 01:05:30,320 --> 01:05:34,560 letters of shell shock? He never complained of anything. 1147 01:05:34,840 --> 01:05:38,840 Never complained of it. Now one final question, Lady 1148 01:05:38,840 --> 01:05:44,440 Ludden, do you now believe your husband, the plaintiff in this 1149 01:05:44,440 --> 01:05:50,640 action, is really Mark Ludden? Well, Lady Ludden. 1150 01:05:52,320 --> 01:06:02,560 No, no, he's not Mark Laden. So, Mark, my client is unwell, 1151 01:06:02,560 --> 01:06:04,840 my Lord. The plaintiff appears to have 1152 01:06:04,840 --> 01:06:07,080 fainted. My Lord, may I suggest? 1153 01:06:07,080 --> 01:06:10,880 I think perhaps in the circumstances, we will adjourn 1154 01:06:10,960 --> 01:06:14,680 and resume tomorrow at half, half 10. 1155 01:06:20,640 --> 01:06:25,920 The next morning, about 10:30 AM, the court is again ready for 1156 01:06:25,920 --> 01:06:29,120 trial and awaiting the arrival of Mr Justice Tuttington. 1157 01:06:32,080 --> 01:06:33,680 The judges clerk has just come in. 1158 01:06:33,680 --> 01:06:36,760 He's standing at the back of the bench. 1159 01:06:37,640 --> 01:06:39,920 In a moment, he'll call for silence and the judge will 1160 01:06:39,920 --> 01:06:44,320 enter. Island, Island. 1161 01:06:48,800 --> 01:06:53,680 Mr Foxley. Mr Foxley. 1162 01:06:53,680 --> 01:06:57,000 I see that when I adjourned the court yesterday in view of the 1163 01:06:57,000 --> 01:07:01,400 plaintiffs sudden indisposition, you had not closed your 1164 01:07:01,400 --> 01:07:03,240 examination in chief. That. 1165 01:07:03,280 --> 01:07:07,920 Is Sir, my Lord, and I shall not distress Lady Ludden by any more 1166 01:07:07,920 --> 01:07:09,440 questions. I see. 1167 01:07:10,000 --> 01:07:14,640 Lady Ludden, will you come into the box for Sir Wilfred's cross 1168 01:07:14,640 --> 01:07:20,440 examination? I hope it will be all. 1169 01:07:21,480 --> 01:07:26,160 Thank. You, Lady Laden, your husband is 1170 01:07:26,160 --> 01:07:28,320 most anxious that I should not cross examine his wife. 1171 01:07:29,000 --> 01:07:31,960 You will forgive me if I overrule his wishes. 1172 01:07:32,320 --> 01:07:35,120 Said Miss Wilfred. You must do your duty. 1173 01:07:35,360 --> 01:07:37,760 Well, let us begin by clearing up one or two points, Lady 1174 01:07:37,760 --> 01:07:38,880 Laden. Yes, Sir, Wilfred. 1175 01:07:39,480 --> 01:07:42,640 Take those to two marks on your husband's arm. 1176 01:07:43,520 --> 01:07:46,080 When did you first see them? On his return from Germany. 1177 01:07:46,640 --> 01:07:48,800 What letters were they there? Were they then? 1178 01:07:49,360 --> 01:07:53,200 Just like they are now, EW. EW, so at least my learned 1179 01:07:53,200 --> 01:07:56,880 friend was wrong in trying to suggest an F became an E for the 1180 01:07:56,880 --> 01:08:00,080 purposes of this trial. I've never seen anything but EW 1181 01:08:00,160 --> 01:08:02,800 on his arm. No word on the subject of the 1182 01:08:02,800 --> 01:08:05,520 plaintiff's memory. I think you told my friend 1183 01:08:05,520 --> 01:08:08,920 yesterday that your husband's letters from Germany revealed no 1184 01:08:08,920 --> 01:08:11,760 loss of memory. Not my husband's letters. 1185 01:08:13,000 --> 01:08:15,600 They were marks. Yes, I'm not for the moment on 1186 01:08:15,600 --> 01:08:19,080 the subject of identification. Lady Ludden, the jury will 1187 01:08:19,080 --> 01:08:21,279 remember your husband has given his explanation of these 1188 01:08:21,279 --> 01:08:24,160 letters. But coming to a later period. 1189 01:08:24,160 --> 01:08:28,439 It is true isn't it, that since his return his memory of pre war 1190 01:08:28,439 --> 01:08:30,040 events has been practically a blank? 1191 01:08:30,439 --> 01:08:34,359 My husband's memory? Oh yes, he's hardly known 1192 01:08:34,359 --> 01:08:36,359 anything. So there again, whatever the 1193 01:08:36,359 --> 01:08:38,880 explanation, his loss of memory has not been assumed in order to 1194 01:08:38,880 --> 01:08:40,960 defeat Mr. Fox. Oh no. 1195 01:08:41,120 --> 01:08:43,600 That, at least, is real enough. I felt sure you would admit 1196 01:08:43,600 --> 01:08:48,120 that. Now, Lady Ludden, I'm afraid I 1197 01:08:48,160 --> 01:08:51,319 must ask you a rather intimate question. 1198 01:08:53,520 --> 01:08:58,960 Lady Ludden, did you love your husband when you married him? 1199 01:08:59,800 --> 01:09:05,920 Not as I loved Mark Ludden, but I felt I ought to. 1200 01:09:07,800 --> 01:09:12,680 Did you never grow to love him? Yes, not as I loved Mark. 1201 01:09:14,240 --> 01:09:18,760 When did you first suspect that, in your opinion, he wasn't so 1202 01:09:18,760 --> 01:09:20,800 much? It's so terribly difficult to 1203 01:09:20,800 --> 01:09:26,479 explain. I never exactly suspected till 1204 01:09:26,560 --> 01:09:30,680 yesterday. I see. 1205 01:09:30,960 --> 01:09:35,000 And yet, even from the first, I felt there was something 1206 01:09:35,000 --> 01:09:38,040 different. Yes, even when he first came 1207 01:09:38,040 --> 01:09:41,880 back, something quite different. Something different. 1208 01:09:41,960 --> 01:09:47,080 There always seemed to be a sort of wall between us, a wall I 1209 01:09:47,080 --> 01:09:50,359 could never pass through. There were things I could never 1210 01:09:50,680 --> 01:09:53,479 ask him, things he would never talk about. 1211 01:09:53,640 --> 01:09:55,040 But wasn't that natural, Lady Ludden? 1212 01:09:55,040 --> 01:09:57,280 After all those years of separation, and after all your 1213 01:09:57,280 --> 01:10:00,680 husband had gone through, he might well wish to forget so 1214 01:10:00,680 --> 01:10:01,360 much wouldn't. He. 1215 01:10:01,360 --> 01:10:06,400 I tried so hard to think so, but now I understand. 1216 01:10:06,480 --> 01:10:08,920 Now you understand. Since yesterday. 1217 01:10:09,120 --> 01:10:11,600 You mean your suspicions became more definite yesterday? 1218 01:10:11,600 --> 01:10:14,560 Yes, after hearing the evidence, after seeing see. 1219 01:10:14,600 --> 01:10:16,280 Don't distress yourself, Lady Ludden. 1220 01:10:17,400 --> 01:10:19,680 Then apart from yesterday's evidence, you would not be so 1221 01:10:19,680 --> 01:10:22,360 certain. I don't know yet if your husband 1222 01:10:22,360 --> 01:10:25,640 were in fact Frank Wellner. Numero can should be Mark 1223 01:10:25,640 --> 01:10:26,880 Ludden. Is that what you mean? 1224 01:10:26,920 --> 01:10:30,560 I don't know, I don't know, and I don't know. 1225 01:10:30,560 --> 01:10:34,280 My husband must be willing. I only know he isn't. 1226 01:10:34,280 --> 01:10:36,000 Mark. You mean you don't believe he is 1227 01:10:36,000 --> 01:10:37,600 Mark? I don't believe he's. 1228 01:10:37,920 --> 01:10:40,160 Mark. Why isn't that the same thing? 1229 01:10:40,160 --> 01:10:43,240 Not quite. Lady Ludden, would you swear to 1230 01:10:43,240 --> 01:10:50,120 recognise Numero cans? No, no, that's just it. 1231 01:10:50,960 --> 01:10:53,760 I couldn't. But that's a terrible part. 1232 01:10:54,920 --> 01:10:57,680 Oh, it's too awful. I can't recognise him at all. 1233 01:10:57,680 --> 01:10:59,120 I can't. I can't. 1234 01:11:00,920 --> 01:11:05,320 But I saw my husband's face when poor numero curves came into 1235 01:11:05,320 --> 01:11:07,240 court. I saw them. 1236 01:11:07,240 --> 01:11:11,240 By his look, he recognised him. Even if I can't. 1237 01:11:15,800 --> 01:11:19,040 Since giving your evidence yesterday, have you asked your 1238 01:11:19,040 --> 01:11:20,920 husband for an explanation of that look? 1239 01:11:21,440 --> 01:11:24,960 No, I haven't spoken to him. I spent the night at my father's 1240 01:11:24,960 --> 01:11:26,320 house. And your husband? 1241 01:11:27,440 --> 01:11:31,920 He was he, I suppose he was alone. 1242 01:11:32,600 --> 01:11:36,600 Alone and at this crisis of his faith. 1243 01:11:36,680 --> 01:11:43,080 Oh, don't drive me, Sir Wilfred. If he could explain, why hadn't 1244 01:11:43,080 --> 01:11:45,840 he explained? I hadn't he had all these years 1245 01:11:45,840 --> 01:11:49,560 to explain, and I've never heard a word of explanation. 1246 01:11:49,640 --> 01:11:53,640 But a word of all this, why should I first learn a Frank? 1247 01:11:53,640 --> 01:11:56,240 Well, only after this libel's published? 1248 01:11:56,840 --> 01:11:59,400 Well, I'm his wife. Couldn't he trust me? 1249 01:11:59,960 --> 01:12:02,880 Didn't I wait for him? Wait and wait and wait? 1250 01:12:03,400 --> 01:12:07,040 Haven't I given him everything all these years because I 1251 01:12:07,040 --> 01:12:09,880 thought he was Mark? Lady Laden, supposing your 1252 01:12:09,880 --> 01:12:11,760 husband could prove he was so Mark. 1253 01:12:11,920 --> 01:12:15,760 He could prove, if he could prove. 1254 01:12:16,480 --> 01:12:20,920 Sir Wilfred, perhaps we can wait a few minutes for Lady Laden to 1255 01:12:20,920 --> 01:12:24,720 recover before you continue your cross examination. 1256 01:12:24,720 --> 01:12:25,680 I. Don't prepare to ask any more 1257 01:12:25,680 --> 01:12:30,280 questions, Lord. Nor I and I shall call no 1258 01:12:30,320 --> 01:12:33,880 further evidence. Then that closes the case for 1259 01:12:33,880 --> 01:12:35,360 the defence. Yes, my Lord. 1260 01:12:36,680 --> 01:12:41,000 Well, Sir Wilfred, have you decided to adopt any particular 1261 01:12:41,000 --> 01:12:42,800 course? The position, my Lord, is very 1262 01:12:42,800 --> 01:12:45,120 difficult. At any rate, I fear I must yield 1263 01:12:45,120 --> 01:12:47,840 to my clients insistent desire that I should exercise the right 1264 01:12:48,000 --> 01:12:50,360 Your Lordship reserved to me of recalling the plaintiff on the 1265 01:12:50,360 --> 01:12:52,920 question of the uniform jacket which was produced by Doctor 1266 01:12:52,920 --> 01:12:55,840 Flutter yesterday. I cannot prevent the plaintiff 1267 01:12:55,840 --> 01:13:00,640 going into the box again. Menard, there are times when a 1268 01:13:00,640 --> 01:13:03,680 clown can insist on controlling his own litigation. 1269 01:13:03,960 --> 01:13:06,000 You know, if you're bound to add that Sir Eric Fulsom is 1270 01:13:06,000 --> 01:13:09,120 genuinely anxious about the mental consequence if he's not 1271 01:13:09,120 --> 01:13:12,280 allowed to do so. Very well, he has the right to 1272 01:13:12,280 --> 01:13:14,800 give his evidence on that one point. 1273 01:13:15,720 --> 01:13:16,920 So Mark, will you go into the box? 1274 01:13:18,880 --> 01:13:29,920 Thank you. He can, if he likes, give his 1275 01:13:29,920 --> 01:13:35,520 evidence sitting down. No, thank you, my Lord, I prefer 1276 01:13:35,520 --> 01:13:37,600 to stand. So, Mark, you had an opportunity 1277 01:13:37,600 --> 01:13:39,680 yesterday of seeing the uniform jacket produced by Doctor 1278 01:13:39,680 --> 01:13:40,800 Claude. Yes. 1279 01:13:40,800 --> 01:13:42,280 And you admit it's a Raffle Brigade jacket. 1280 01:13:42,360 --> 01:13:46,120 Most certain. Then I have no doubt it was 1281 01:13:46,120 --> 01:13:50,120 mine. Silent, silent. 1282 01:13:50,120 --> 01:13:53,400 You identify it as yours. Yes, my Lord, do you? 1283 01:13:53,520 --> 01:13:58,040 You mean your uniform was on #15 when he was found by Doctor 1284 01:13:58,040 --> 01:13:59,560 Flaudo? Certainly. 1285 01:14:00,400 --> 01:14:02,360 I should very much like to know why. 1286 01:14:02,400 --> 01:14:05,720 I'm coming to that Milan, Sir Mark, Yes. 1287 01:14:05,760 --> 01:14:08,760 Tell the jury how Sir Mark Laden's jacket came to be on 1288 01:14:08,760 --> 01:14:10,240 numeral cars. Yes, Sir. 1289 01:14:10,240 --> 01:14:14,400 Whifford Buckingham was speaking the truth when he said he went 1290 01:14:14,400 --> 01:14:16,640 foraging that night, leaving well near me together. 1291 01:14:17,000 --> 01:14:21,080 He was away a very long time. We thought he'd been caught, so 1292 01:14:21,080 --> 01:14:24,480 Wellner went to look for him. How was it Wellner went to look 1293 01:14:24,480 --> 01:14:27,280 for Buckingham instead of his companion, Sir Mark Luton? 1294 01:14:27,360 --> 01:14:29,680 I always had to keep him in the background. 1295 01:14:29,680 --> 01:14:32,040 Lord, I was the only one in uniform. 1296 01:14:32,840 --> 01:14:34,240 Wellner went to look for Buckingham. 1297 01:14:34,680 --> 01:14:38,360 He was away for hours too last I began to think he'd been caught 1298 01:14:38,360 --> 01:14:40,960 or shot. There were a lot of odd shots 1299 01:14:40,960 --> 01:14:44,160 going off that night when, when neither Wellner nor Buckingham 1300 01:14:44,160 --> 01:14:47,600 came back, I began to peep along the edge of the wood towards the 1301 01:14:47,600 --> 01:14:50,440 town. Suddenly, round the corner I 1302 01:14:50,440 --> 01:14:55,720 bumped into a German soldier. He was as frightened as I was. 1303 01:14:56,480 --> 01:15:00,400 Without a word he fired from his hip and shot off my finger. 1304 01:15:01,560 --> 01:15:04,000 That is when I lost. That I hadn't understood. 1305 01:15:04,000 --> 01:15:05,960 It was as late in the escape as that. 1306 01:15:05,960 --> 01:15:08,040 Yes, my Lord. That's why Buckingham was 1307 01:15:08,040 --> 01:15:11,480 speaking the truth again when he said he never knew I had lost a 1308 01:15:11,480 --> 01:15:13,840 finger. Tell the jurors of Mark what 1309 01:15:13,840 --> 01:15:14,640 happened there. Yes, yes. 1310 01:15:15,160 --> 01:15:18,160 I dashed in and I wrenched the rifle out of the man's hands. 1311 01:15:18,640 --> 01:15:22,480 He put up his arm to save himself, and I brought the butt 1312 01:15:23,000 --> 01:15:26,520 down on his head. He dropped like a stone. 1313 01:15:27,840 --> 01:15:33,400 Yes, it was horrible, horrible. I I hate to remember it even 1314 01:15:33,400 --> 01:15:37,360 now. Yes, please go on. 1315 01:15:38,080 --> 01:15:42,160 The killing of a German soldier by an English prisoner of war 40 1316 01:15:42,160 --> 01:15:45,480 miles behind the German lines would not be treated as death in 1317 01:15:45,480 --> 01:15:46,640 action. You see, yes, I. 1318 01:15:47,680 --> 01:15:49,880 Dare say it seemed my only chance of getting through I was 1319 01:15:49,880 --> 01:15:52,040 to get out of my uniform and get into a German 1. 1320 01:15:52,040 --> 01:15:55,040 So I changed uniforms with the man I killed. 1321 01:15:55,480 --> 01:15:59,080 I thought I killed. Of course I took everything out 1322 01:15:59,080 --> 01:16:01,400 of my own pockets. Then I dashed off for all I was 1323 01:16:01,400 --> 01:16:04,040 worth. And if I hadn't made the change, 1324 01:16:04,400 --> 01:16:05,680 I should never have got through IS. 1325 01:16:06,280 --> 01:16:07,520 There anything else you wish to wear someone. 1326 01:16:08,440 --> 01:16:10,240 I'm sorry Sir, I didn't quite catch. 1327 01:16:10,240 --> 01:16:12,840 I'm so sorry. Is there anything else you would 1328 01:16:12,840 --> 01:16:14,360 wish to add? Oh yes, yeah. 1329 01:16:14,400 --> 01:16:18,360 Well, only this. Unless someone changed the 1330 01:16:18,360 --> 01:16:23,520 uniform again after I got away. That poor devil whom Doctor 1331 01:16:23,520 --> 01:16:26,800 Floddance saved is not an Englishman at all. 1332 01:16:28,080 --> 01:16:34,200 He is that German soldier. Thank you so much. 1333 01:16:34,960 --> 01:16:38,880 Yes, thank you. And Mr Foxley, I'm sure I 1334 01:16:38,880 --> 01:16:42,200 needn't remind Council of your experience that I cannot allow 1335 01:16:42,240 --> 01:16:46,840 any general cross examination. It must be confined entirely to 1336 01:16:46,840 --> 01:16:52,120 this new evidence, of course. Now, are you quite sure, 1337 01:16:52,720 --> 01:16:55,640 witness, that you're fit for cross examination? 1338 01:16:55,640 --> 01:16:58,640 Yes, Sir. Now what I mean is, whatever 1339 01:16:58,640 --> 01:17:02,720 view the jury may take, there is no doubt that you had a great 1340 01:17:02,720 --> 01:17:05,160 shock. Yes, I've had a great shock. 1341 01:17:06,000 --> 01:17:08,640 However, will you answer this question? 1342 01:17:08,840 --> 01:17:11,760 I'll try. When you first gave evidence, 1343 01:17:12,000 --> 01:17:13,680 did I hear you take the oath? Of course. 1344 01:17:14,120 --> 01:17:16,360 To tell the truth, The whole truth, Yes. 1345 01:17:16,880 --> 01:17:19,520 Why didn't you tell the whole truth then? 1346 01:17:19,920 --> 01:17:21,920 I thought I did you. Thought you did. 1347 01:17:23,080 --> 01:17:25,720 Didn't I ask you question after question after question about 1348 01:17:25,720 --> 01:17:28,440 the circumstances of your separation from Welney that 1349 01:17:28,440 --> 01:17:29,520 night at Stabila? Yes. 1350 01:17:29,680 --> 01:17:33,480 Why didn't we hear a word of this encounter with a German 1351 01:17:33,480 --> 01:17:35,920 soldier? I didn't think it mattered you. 1352 01:17:36,120 --> 01:17:40,120 Didn't think it mattered. And why no word of that 1353 01:17:40,320 --> 01:17:43,560 wonderful quick change of unity? I I tell you, I didn't think it 1354 01:17:43,560 --> 01:17:46,880 mattered then. Then if it was true, why 1355 01:17:46,880 --> 01:17:47,960 suppress it? Can't you see? 1356 01:17:47,960 --> 01:17:51,600 It was only yesterday I knew that that poor devil was still 1357 01:17:51,600 --> 01:17:53,720 alive. I might be well nailed. 1358 01:17:53,920 --> 01:17:56,600 Well named might be me. What happened to that German 1359 01:17:56,600 --> 01:18:00,960 would make no difference till you produce that jacket. 1360 01:18:01,080 --> 01:18:04,400 Now, when did you first tell this story to? 1361 01:18:04,440 --> 01:18:07,560 Anyone this morning to Sir Wilfred, when I saw that not 1362 01:18:07,560 --> 01:18:10,840 only my counsel, but my own wife didn't believe I was myself. 1363 01:18:11,080 --> 01:18:13,200 I can understand their embarrassment. 1364 01:18:14,160 --> 01:18:16,080 You never mentioned it to anyone before today. 1365 01:18:16,080 --> 01:18:18,680 No, never. Did you never tell your wife? 1366 01:18:18,680 --> 01:18:21,840 No, I never told it to my wife. She's never heard it before. 1367 01:18:21,840 --> 01:18:23,800 I gave this evidence today. And why not I? 1368 01:18:23,800 --> 01:18:26,000 Didn't want her to associate me with that sort of thing. 1369 01:18:26,000 --> 01:18:27,400 What sort of thing? I did. 1370 01:18:27,400 --> 01:18:28,760 Well, I did in hot blood. What? 1371 01:18:28,760 --> 01:18:30,480 Did you do to that German of yours? 1372 01:18:30,520 --> 01:18:35,000 I told you, have you have, you know, what are you keeping back? 1373 01:18:36,040 --> 01:18:37,360 The way I killed. Him. 1374 01:18:37,360 --> 01:18:39,520 Now I have a note of what you said. 1375 01:18:40,000 --> 01:18:42,480 I brought the butt down on his head. 1376 01:18:42,640 --> 01:18:44,360 He dropped like a stone. Yes. 1377 01:18:45,200 --> 01:18:48,840 Now, is that all the truth? I want an answer. 1378 01:18:49,160 --> 01:18:57,640 Have we got it all even now? Not all, not all. 1379 01:18:57,640 --> 01:19:02,720 All right, I'll tell you last. My first blow smashed his arm. 1380 01:19:03,720 --> 01:19:06,640 He gave a dreadful scream. More noises would have brought 1381 01:19:06,640 --> 01:19:08,960 up some of his friends. He he was down, he was helpless 1382 01:19:09,040 --> 01:19:11,240 and I saw red. I had to finish him off. 1383 01:19:11,240 --> 01:19:14,040 I simply had to if I have to have a chance of getting away, 1384 01:19:14,040 --> 01:19:18,280 getting home to see my wife. How many more blows? 1385 01:19:18,440 --> 01:19:20,400 How can I? Tell blow after blow till the 1386 01:19:20,400 --> 01:19:22,040 head was a pulp and the face was. 1387 01:19:24,360 --> 01:19:26,520 I can't think of it. I won't think of it. 1388 01:19:26,560 --> 01:19:28,040 I've tried to forget it all these years. 1389 01:19:28,800 --> 01:19:30,920 I won't remember it. I've never told my wife I 1390 01:19:30,920 --> 01:19:32,800 couldn't. Tell my wife. 1391 01:19:36,360 --> 01:19:41,720 There was, there was always that between us, keeping us apart. 1392 01:19:42,840 --> 01:19:44,800 Oh, she told the truth all right. 1393 01:19:45,480 --> 01:19:48,960 It was the truth. Never since the war. 1394 01:19:49,480 --> 01:19:51,560 Never have I been the marked Ludden. 1395 01:19:51,560 --> 01:19:56,040 She promised to marry. So we seem to be right. 1396 01:19:56,640 --> 01:20:00,920 You are a man capable of a brutal murder. 1397 01:20:01,680 --> 01:20:03,600 Did you ever serve in the war, Mr Foxley? 1398 01:20:03,600 --> 01:20:04,760 No. But well. 1399 01:20:05,640 --> 01:20:10,120 Learned council do not expose themselves to interrogation when 1400 01:20:10,120 --> 01:20:16,240 they are cross examining. Now, can you produce a shred of 1401 01:20:16,280 --> 01:20:18,440 evidence that would substantiate your story? 1402 01:20:19,640 --> 01:20:22,520 No. It depends on my word. 1403 01:20:22,520 --> 01:20:27,240 With nothing to support it now, what became of the German 1404 01:20:27,240 --> 01:20:28,800 uniform? You say you escaped. 1405 01:20:28,840 --> 01:20:31,280 I burnt it when I reached our lines. 1406 01:20:31,880 --> 01:20:34,800 I wanted to. Forget that seems unfortunate. 1407 01:20:35,160 --> 01:20:38,560 It might have given the name or regimental number of your 1408 01:20:38,560 --> 01:20:39,600 mythical. German. 1409 01:20:40,280 --> 01:20:45,720 I can give you the poor devil's name and regimental number here. 1410 01:20:45,720 --> 01:20:50,080 It is on his identity disc. Let me see it please. 1411 01:20:53,240 --> 01:20:59,040 Thank you, members of the jury. This appears to be the identity 1412 01:20:59,040 --> 01:21:03,680 disc of a German soldier giving his name as Karl Geist and his 1413 01:21:03,680 --> 01:21:09,240 regimental number. Sir Mark, you swear this was on 1414 01:21:09,240 --> 01:21:13,040 the body of the German soldier whose uniform you exchanged for 1415 01:21:13,040 --> 01:21:17,640 your own that night of Stavelo? I do, my Lord, after Doctor 1416 01:21:17,640 --> 01:21:20,560 Flaudin's evidence yesterday, I didn't drove especially home 1417 01:21:20,560 --> 01:21:23,800 last night to Norfolk. To get it, and apart from your 1418 01:21:23,800 --> 01:21:27,680 own evidence, there is nothing to prove it originally belonged 1419 01:21:27,680 --> 01:21:31,480 to this particular German soldier of the millions of 1420 01:21:31,480 --> 01:21:34,800 German soldiers involved in the war, apart from my. 1421 01:21:34,920 --> 01:21:37,920 Sworn word No, my Lord. Nothing. 1422 01:21:38,000 --> 01:21:41,800 It seems to me it becomes increasingly difficult for a 1423 01:21:41,800 --> 01:21:44,200 jury to give a verdict in this case. 1424 01:21:44,720 --> 01:21:46,480 Let me say this here and now, my Lord. 1425 01:21:47,360 --> 01:21:50,280 I only want the verdict of the jury for the sake of one person, 1426 01:21:51,120 --> 01:21:54,760 and that person is my son. I've already lost the only 1427 01:21:54,760 --> 01:21:57,360 verdict I wanted for myself, my wife. 1428 01:21:57,360 --> 01:21:59,240 Silence. Silence. 1429 01:22:00,800 --> 01:22:05,040 But I want my son to know that I was entitled to be his. 1430 01:22:05,480 --> 01:22:10,200 Father. I have nothing more to ask to 1431 01:22:10,200 --> 01:22:14,280 mark. Witness, You can leave the box 1432 01:22:15,360 --> 01:22:20,640 if you feel strong enough. Well, Mr Foxley, are you going 1433 01:22:20,640 --> 01:22:22,120 to address the jury? My. 1434 01:22:23,840 --> 01:22:29,520 Lord, something, something has just come back to me. 1435 01:22:29,520 --> 01:22:31,160 What is it? May I? 1436 01:22:31,160 --> 01:22:34,880 Just look at my jacket. Certainly, but I don't see how 1437 01:22:34,880 --> 01:22:38,640 it can help us now. I shall pass the jacket to the 1438 01:22:38,640 --> 01:22:41,760 plaintiff. Thank you. 1439 01:22:42,480 --> 01:22:45,560 Now, my Lord, will someone lend me a knife? 1440 01:22:46,200 --> 01:22:49,600 What for? I want to cut something I sewed 1441 01:22:49,600 --> 01:22:52,760 in the back of my breast. Pocket something you sewed. 1442 01:22:52,800 --> 01:22:57,920 In yes 250 Mark notes and. I don't know that we can let you 1443 01:22:57,920 --> 01:23:00,400 mutilate an exhibit. And the Lord, I've admitted it 1444 01:23:00,400 --> 01:23:04,320 is my jacket and you, you can see there when I've sewn it up. 1445 01:23:05,000 --> 01:23:08,440 Now if I might have a knife to just to cut these stitches. 1446 01:23:08,760 --> 01:23:13,040 You may who has a pocket knife? I have my life, Usher. 1447 01:23:18,800 --> 01:23:22,400 Now, you see, before I started to escape from Hobheim with 1448 01:23:22,400 --> 01:23:25,480 Welney and Buckingham, I wasn't too sure of my companions, of 1449 01:23:25,480 --> 01:23:27,320 what might happen to things in my pockets. 1450 01:23:28,800 --> 01:23:32,080 I don't seem to be far wrong. So I sewed inside the lining of 1451 01:23:32,080 --> 01:23:35,160 this breast pocket a photograph and 2:15 marked notes. 1452 01:23:35,480 --> 01:23:42,200 And yes, they're still here. And here is the photograph. 1453 01:23:44,120 --> 01:23:48,360 Yes, this is the photograph. Now I remember. 1454 01:23:48,760 --> 01:23:51,960 Yes, I remember. It all begins to come back to 1455 01:23:51,960 --> 01:23:54,800 me. My Lord, this is the first 1456 01:23:54,800 --> 01:23:58,320 photograph my wife gave me when we were first engaged. 1457 01:23:58,960 --> 01:24:02,480 I took it with me to France. I always had it in that pocket. 1458 01:24:04,600 --> 01:24:07,040 Usher, will you pass me that photograph please? 1459 01:24:10,520 --> 01:24:14,040 Thank you. I see something is written on it 1460 01:24:14,560 --> 01:24:16,480 to Darling. That be read aloud, my Lord. 1461 01:24:16,760 --> 01:24:21,120 I think it should. Members of the jury on this 1462 01:24:21,120 --> 01:24:25,920 photograph, these words are written to darling Tony with all 1463 01:24:25,920 --> 01:24:31,360 my love, Enid, with all my love. I don't quite understand the 1464 01:24:31,360 --> 01:24:35,040 inscription. Does your wife call you Tony? 1465 01:24:36,320 --> 01:24:39,960 Oh my Lord, never. Then why is Tony written here? 1466 01:24:42,040 --> 01:24:44,960 It's so long since I saw that photo. 1467 01:24:44,960 --> 01:24:53,000 I I remember, yes, I remember. She used to call me Tony at 1468 01:24:53,000 --> 01:24:56,040 first. Then I think my people didn't 1469 01:24:56,040 --> 01:25:00,240 like it so it was dropped. I forget when some time before 1470 01:25:00,240 --> 01:25:00,680 the war. It's. 1471 01:25:00,920 --> 01:25:02,320 True, my Lord, Quite. True. 1472 01:25:03,000 --> 01:25:06,240 Can you recall why she chose the name of Tony? 1473 01:25:06,240 --> 01:25:08,440 It's. Beginning to come back to me. 1474 01:25:08,440 --> 01:25:13,080 Yes, that photograph was taken of Eaton on the day of our 1475 01:25:13,080 --> 01:25:14,840 engagement. Yes, I see it's taken by an 1476 01:25:14,840 --> 01:25:17,200 Eaton photographer. Yes, my wife was there with her 1477 01:25:17,200 --> 01:25:18,880 brother. That's when we got engaged. 1478 01:25:19,240 --> 01:25:21,640 That very afternoon we went to the photographer. 1479 01:25:21,640 --> 01:25:24,840 Yes, but why the name Tony? She heard all my friends calling 1480 01:25:24,840 --> 01:25:27,720 me Anthony, so she said she'd call me Tony. 1481 01:25:29,400 --> 01:25:32,120 Anthony. Why should they call you Anthony 1482 01:25:32,120 --> 01:25:35,880 when your name is Mark? A play on Mark Anthony, I 1483 01:25:35,920 --> 01:25:38,600 suppose. You see, I was always Anthony 1484 01:25:38,600 --> 01:25:42,760 Levin at Eton. Lord, I take your time. 1485 01:25:42,800 --> 01:25:51,840 So Mark, take your time. I feel, my Lord, it's become my 1486 01:25:51,840 --> 01:25:54,400 duty to take a most unusual course. 1487 01:25:55,120 --> 01:25:59,160 My clients are far too responsible to want to snatch of 1488 01:25:59,160 --> 01:26:02,720 it. Really, I am glad to hear that. 1489 01:26:02,880 --> 01:26:07,240 My junior, Mr Hemsby, had the advantage of being educated at 1490 01:26:07,320 --> 01:26:11,400 Eton, which your Lordship may know is a very large school. 1491 01:26:12,080 --> 01:26:14,520 He tells me that whilst he has no recollection of being there 1492 01:26:14,520 --> 01:26:17,440 with a Mark Ludden and can't recognise the plaintiff, he 1493 01:26:17,440 --> 01:26:20,240 remembers perfectly well that there was a boy there in his 1494 01:26:20,240 --> 01:26:24,400 time known as Anthony Ludden. We seem to be getting rather 1495 01:26:24,400 --> 01:26:29,000 away from normal evidence. What did you say that name was, 1496 01:26:29,240 --> 01:26:31,240 Mr Foxley? My junior's name, Hemsby. 1497 01:26:31,920 --> 01:26:42,320 Hemsby, Hemsby, Hemsby. I can't recognise Mr Hemsby in 1498 01:26:42,320 --> 01:26:45,160 his wig. Should I be allowed my Lord to 1499 01:26:45,160 --> 01:26:50,160 ask Mr Hemsby to take it off? I have no objection if Mr Hemsby 1500 01:26:50,160 --> 01:26:54,240 hasn't. Not at all there. 1501 01:26:55,920 --> 01:27:01,160 Ah, you rode bow in the school 8 for the ladies plate. 1502 01:27:01,600 --> 01:27:07,200 My last half I've got it Loppy Hemsby I. 1503 01:27:07,520 --> 01:27:10,440 Beg your pardon? A loppy, my Lord. 1504 01:27:11,480 --> 01:27:15,240 That's right, Milan. You'd better resume your wig, Mr 1505 01:27:15,240 --> 01:27:20,480 Hemsby. My Lord, it's abundantly clear 1506 01:27:20,640 --> 01:27:23,440 the plaintiff has been the victim of an appalling mistake. 1507 01:27:23,920 --> 01:27:26,520 If You're Lordship will give me two minutes to talk to my 1508 01:27:26,520 --> 01:27:29,680 learned friend Sir Wilfred, I think the jury will not be 1509 01:27:29,680 --> 01:27:32,720 troubled in this case. I think one minute should be 1510 01:27:32,720 --> 01:27:35,000 ample, Mr. Fox. One minute. 1511 01:27:36,040 --> 01:27:38,560 Sir Mark, you may leave the box. Thank you. 1512 01:27:38,640 --> 01:27:41,440 Thank you very much. One or two cases. 1513 01:27:45,720 --> 01:27:48,080 So, Mark, come here. I must have you here. 1514 01:27:48,680 --> 01:27:50,800 I'm just speaking to Mr Foxley. I'll leave it to you, Sir. 1515 01:27:50,800 --> 01:27:52,720 Wilfred I I must go to my wife, Sir. 1516 01:27:53,240 --> 01:27:54,560 Mark, you must. I don't. 1517 01:27:54,640 --> 01:27:55,760 Care. I don't care. 1518 01:27:55,800 --> 01:28:00,600 Oh, Enid. Well, my Lord. 1519 01:28:01,040 --> 01:28:04,920 Well, Sir Wilfred, my Lord, I, I, I can't get any assistance 1520 01:28:04,920 --> 01:28:07,360 from McLaren. I had noticed that, Sir Wilfred. 1521 01:28:08,720 --> 01:28:12,160 Which leaves me to the tender message of my friend Mr Foxley. 1522 01:28:12,600 --> 01:28:15,040 You mean my generous instincts, Sir Wilfred? 1523 01:28:15,440 --> 01:28:17,000 Have you agreed? We have. 1524 01:28:17,000 --> 01:28:19,920 We have. I am sure the jury, who have 1525 01:28:19,920 --> 01:28:24,280 been most patient in this case would like to know the figure of 1526 01:28:24,280 --> 01:28:28,680 Mr Foxley's generous instincts. Yes, Sir, Wilfred. 1527 01:28:29,320 --> 01:28:32,280 I've agreed to accept the quite nominal sum. 1528 01:28:32,280 --> 01:28:35,920 Nominal. Yes, without, under the amazing 1529 01:28:35,960 --> 01:28:41,240 circumstances, the nominal sum of £25,000. 1530 01:28:42,240 --> 01:28:47,320 And the fullest possible apology and a complete withdrawal of 1531 01:28:47,320 --> 01:28:50,360 every allegation by the Daily Gazette. 1532 01:28:51,200 --> 01:28:54,440 Your larger will appreciate this action was not brought to 1533 01:28:54,480 --> 01:28:59,520 recover money. Quite clearly not, and I hope 1534 01:28:59,600 --> 01:29:04,160 something more than money has been recovered by this trial. 1535 01:29:05,080 --> 01:29:09,000 I cannot believe that the merciful Providence which 1536 01:29:09,000 --> 01:29:13,520 allowed Sir Mark and Lady Lutton to come together after all the 1537 01:29:13,520 --> 01:29:19,080 dangers of the war will not prevail to bring them through 1538 01:29:19,080 --> 01:29:32,840 this final tribulation. That was libel by Edward Wool. 1539 01:29:33,600 --> 01:29:35,880 Adapted for broadcasting by Molly Greenhalgh. 1540 01:29:37,560 --> 01:29:40,400 The part of Mr Justice Tuttington was played by 1541 01:29:40,400 --> 01:29:44,960 Harcourt Williams and the associate by Hamilton Dice, the 1542 01:29:44,960 --> 01:29:50,600 plaintiff, Sir Mark Ludden by James McKechnie, Sir Wilfred 1543 01:29:50,600 --> 01:29:56,240 Killing, KCMP, counsel for the plaintiff by Norman Shelley and 1544 01:29:56,280 --> 01:30:00,440 Mr Thomas Foxley, KC, counsel for the defendants, by Donald 1545 01:30:00,440 --> 01:30:04,120 Wolfitt. The junior council were Mr 1546 01:30:04,120 --> 01:30:08,800 William Vale by David Peel and Mr George Hemsby by Donald Grey. 1547 01:30:09,960 --> 01:30:12,960 The part of Lady Ludden was played by Catherine Solkeld, 1548 01:30:14,000 --> 01:30:18,440 Patrick Buckingham by John Farrell and Doctor Emil Flogged 1549 01:30:18,440 --> 01:30:23,360 On by Austin Trevor. The play's production was by 1550 01:30:23,360 --> 01:30:24,320 Raymond Rakes.