This is the BBC Home Service Saturday night theatre.
We present Donald Wolfitt, James McKechnie and Norman Shelley
with Harcourt Williams and Austin Trevor in libel by Edward
Wool. It is a spring afternoon in
London, the year 1927. The Court of Mr Justice
Tuttington at the Royal Courts of Justice, King's Bench
Division, is in full session and about to begin the trial of an
action for libel. For the plaintiff, Sir Wilfrid
Kelly, KCMP. For the defendants, Mr Thomas
Foxley, KC. There's a plan of the courtroom
on page 44 of the Christmas edition of the Radio Times.
Page 44 You, the listeners are to form a jury.
The jury are sworn in the case of Latin and the Daily Gazette.
Mr William Bale, the junior counsel for the plaintiff, has
risen to open the case formally by reading the pleadings.
May please your Lordship members of the jury.
The plaintiffs, Mark Gladden Bard, by his statement of claim
is claiming damages from the defendants, the proprietors,
printers and publishers of the newspaper called the Daily
Gazette, in respect of a libel alleged to being published of
and concerning him in the said newspaper.
The defendants in their defence state that insofar as the said
words consist of allegations of fact, they are in true in
substance and in fact and insofar as they consist of
expressions of opinions, they are fair comment made in good
faith and without malice upon the said facts which are matters
of public interest. On those please issues are
joined and those are the issues which you have to try.
May I please your Lord members of the jury in this case?
I appear with Melania Junior, Mr Beryl for the plaintiff, Sir
Mark Ludden, and the defendants, who are the proprietors.
That well known, I might almost say that notorious newspaper,
the Daily Gazette, have the advantage of being represented
by my learned friends Mr Foxley and Mr Hemsby.
It is an action of the very greatest public and private
importance. In view of that most unusual
importance, I deliberately propose to let the facts speak
for themselves. At this stage you shall learn
the story from the witnesses, not from me, and I shall defer
to a later stage of the comment, which I have no doubt you will
consider libel of this character so flagrantly provokes and so
abundantly justifies. The plaintiff is Sir Mark
Ludden, the third baronet of his name, the fortunate inheritor of
one of the finest and oldest properties in Norfolk.
The short question in this case is whether the plaintiff is
entitled to that rank, that name, that estate.
I might go further and say, well, you will have to decide
whether Sir Mark is entitled to be the husband of his wife or
the father of her child. Let me read you the label which
gives rise to this action. The paragraph is headed
political imposture and continues and the legislature
recently returned to the House of Commons.
Sir Mark Laden, VAT MP, is not a baronet, not even a Laden, and
can hardly be accurately described as a Member of
Parliament as he secured his return by practising on the
electorate the same deliberate fraud that he.
Practised on his wife. Now remember, members of the
jury, that those terrible allegations were published in
the columns of the Daily Gazette and must have reached almost
everyone identified with its enormous circulation.
Did they appear in some so-called society paragraph?
No, Milan. They appeared with special
prominence in a paragraph on their main page.
The jury will of course have copies of the paper later on.
I. See.
Thank you, Sir. Members of the jury, I'm not
going to insult you by explaining the libellous
imputations conveyed by those words.
You may ask yourselves what motive could underlie them.
And you will perhaps not be surprised to learn that Sir Mark
had successfully advocated politics of a creed opposed to
those intermittently promulgated by the defendant newspaper when
conducive to their own circulation.
Learned friends that we've been running informed as he was
proposing to let the facts speak for themselves.
I am flattered by my friend Mr Foxley's attention to my
observations and Even so, members of the jury.
You may like to remember that if Sir Mark Ludden is not Sir Mark
Ludden, his child Ronald will never be Sir Ronald Ludden, and
those broad acres and family dignities would pass to another
Captain Gerald Ludden. Let me say just one word in
reference to that gentleman. Members of the Jarrah, that
first impression you might expect me to call Captain London
in support of my case. He, at least should be
reasonably familiar with and certain of his own cousin's
identity. Things are not always what they
seem. He is understanding.
Cut. Ah, yes, yes.
But I tell you frankly, I shall not call him.
It may be that you may have the fallacious surprise of seeing
him call them a learned friend. Mr Foxley, I hope you may.
I should very much like to ask Captain Ludden some questions in
reference to the history of this litigation.
I'm. Much obliged for my learned
friends who will print anticipations of my case,
however intelligent. Well members of the GRM, we must
wait and see if the defence dare to do so, but as far as my case
is concerned, I shall call the plaintiff Sir Mark Ludden and I
shall then formally produce his nearest relations in support
first and foremost and naturally his wife Lady Luck and then the
Mayor of course be others. But you will not forget that the
defendants have what is known as justified their allegations.
That is to say, they have come here prepared to prove their
truth or to pay for their recklessness.
What evidence they may have to support such literally
unprecedented suggestions I know not.
But I do not envy him, a learned friend, the task he has
undertaken in endeavouring to sustain them in this Court and
before an English jury. Mr Mark Ludden, take the
testament in. Your right hand.
You. Swear by Almighty God.
I swear by Almighty God. The evidence you shall give.
The evidence I shall give shall be the truth, shall be the
truth, the whole truth, the whole truth.
And nothing but. The truth and nothing but the
truth. You are Sir Mark Ludden, third
Baronet thing with Hall in the County of Norfolk.
That is so. You were educated at Eaton and
Sandhurst and then subtained the Commission and the Rifle
Brigade? Yes, I think you went to France
with your battalion in August 1914.
Yes. And then you were wounded and
taken prisoner at the Battle of the mAh?
I was. What wound did you sustain at
that battle, Sir Mark? I was shot through both thighs
and badly fell shot. I believe the farm in which you
lay wounded was set on fire by the enemy's guns, and you were
nearly burned to death before you were rescued by the enemy.
Very nearly. What effect did that terrible
experience have on you? Those few hours that summer
afternoon turn my hair grey, almost white as you see it now.
What happened after you were taken prisoner?
I was in the German hospital for three months and then sent to an
officer's prison camp at Hobheim.
When were you released? I was never released.
I escaped in October 1918. I reached the Belgian Frontier 3
days before the Armistice. And then?
Then I made my way fairly easily to the English lines and was
invalid at home. What did you do then?
I retired from the Army. I had a long rest cure after six
months or so. I was as well as I suppose I
shall ever be, and I married my wife.
You have recently entered public life and will last autumn
elected Member of Parliament for the Raynham Division of North.
Yes. We don't want to introduce
politics, but is it right to say that your party does not enjoy
the support of The Gazette? Not even in its most versatile
phases. Yes, yes.
What is the present state of your health?
Oh, subject to a bit of a limp, I can indulge in any reasonable
physical effort. You know what about mental
health? Oh, I.
Suppose I mustn't say too much about that.
I don't complain, you know, apart from memory.
What of your memory? I have practically no
recollection at all of events or persons before my imprisonment.
We shall hear what the doctors say about it, but roughly they
attribute it to shock, shell shock and the shock of your
experience in that fire on the mark.
Yes, I don't doubt they're right.
Now I want to turn for a moment to the libel which is the
subject of his action. Yes, the jury have heard the
allegations, which will complain to Mark.
Is there a word of truth in them?
They're an infamous lie. Has anyone else any right to
your title, estates or position? No, not a soul in the world.
Has any member of your family at any time displayed any
difficulty in? Identifying not one until this
paragraph appeared apart from. You and your son who would come
into your property and title. My cousin Gerald Ludden.
On what terms have you been? Oh, and most friendly terms
until about 18 months ago. What caused the rupture?
A certain poor type of Canadian was at the same camp with me
about two years ago. He turned up at ING with Hall
and began trying to blackmail me by by asking for.
Really, in my Lord, I'm most reluctant to interrupt my friend
or his witness, but aren't they going rather beyond the limits
of relevance? I'm always anxious to oblige my
friend, but Mr Mark, we won't go into the back of an incident.
No, very well. I'm much obliged to my very
friend, I know that he's always most anxious.
Rules of evidence are really rules of brevity.
We must try, for our own sakes, to observe them.
I think I have only one more question to put you to mark.
Yes. How did you?
First learn of this libellous publication.
Oh. I had dozens of copies sent me
by friends and constituents, but I first read it in my own copy
of the paper. You see, I happen to be a
registered reader of The Gazette.
I don't agree with its views, but I've always liked all sorts
of fiction. Thank you, Mark.
So you've always liked all sorts of fiction, have you?
Yes, Mr. Foxley, I said so. You've indulged that liking to a
rather abnormal extent, haven't you?
Oh, what do you mean? I am suggesting that ever since
November 1918, you've indulged in the unscrupulous fiction of
being an English Barrett An. Infamous libel, Mr Foxley, which
your clients will have to pay. Being the lawful owner of the
London estate. Another damnable lie.
A damnable lie. And, most unscrupulous fiction
of all, of being entitled to woo and marry your wife.
My wife doesn't require the protection of the gutter press.
On my instructions I am not so sure.
Your instructions. Now before we go any further, I,
I, I want to be quite clear that you don't wish to suggest to the
jury that any physical or mental disability, a prison or escape
experiences could possibly make you believe you were someone
other than yourself. No, I do not.
You've sustained no injury that could make Frank Wellney
honestly believe he was Sir Mark Ludden of.
Course not. Whom did you say, Mr Foxley?
Frank Wellney, my Lord. Who is Frank?
Wellner, if you're a Lordship, would allow me to explore that
in my own way, certainly. Mr Foxley.
You, Sir Mark, at least have heard of a man called Frank
Wellness. Certainly.
He was a. Canadian officer, I believe so.
Did you ever know him? Yes, I was at the same prison
camp in Germany. So I believe for how long?
Nearly four years. And when did you last see him?
Let me see, it would be. Yes, Well now let me try and
help you. Did you shave yourself this
morning? Yes.
Why didn't you see him then? What do you mean?
Lord, it is necessary for my friend to be so deliberately
offensive in the form of his spectrum.
I must assume that Mister Foxley is only cross examining from his
instructions, which of course would involve.
Well, I think you must let him pursue his own lines, Sir.
Wilfred, I am much obliged to my learned friend for his attempt
to assist me to conduct my case. And now, Sir Mark, well, I will
call you that for the moment. Oh, thank you.
I am suggesting that you are Frank Welney and that he is you.
It's a shameful lie without any. Foundation at all and that
because you are Welney you know what became of loving I.
Refuse to answer that suggestion the.
Jury will perhaps hear of a number of actions committed by
Welney which I suggest were committed by you because you are
in fact Welney. It is a vile fabrication.
Oh. Then it would be a waste of time
for me to put them to you specifically.
You would deny them all. Naturally, I sworn to tell the
truth. I will ask your Lordship to make
a note of that reply. Certainly.
In the interest of time, I think I can dispense with a very large
number of those other questions I'm.
Sure, the jury will appreciate any condensation which has that
result. If you're lorded now, tell me,
Sir Mark, who was Frank Wellman? He described himself as a
captain. In the Canadian infantry, when
did you first see? Him when I was at Hobheim prison
camp. He arrived a few months later.
And when do you say you saw him last?
When we. Escaped together in November
1918 we got. Party got party, Yes.
Now why did you get party? We missed each other in the
dark. You missed each other in the
dark. Yeah.
Well, is that really all you can tell me of how you separated?
Absolutely. All very easy to get lost in the
dark. The other fellas have got hold
of civilian clothes but I hadn't.
I was in uniform so we had to move by night.
And now, did anything happen between you and Welney before
you missed each other? No.
What do you mean? What could have happened?
The jury may hear later what could have happened.
Was anyone else in the party of escape?
Yes, a man called Buckenham. And who was he?
He called himself a Canadian officer.
Called himself a Canadian officer.
I gather that the ones who thoroughly imbued with the
traditions of the English baronitage, his credentials were
not impressive. No, they were not.
Well then, that was the party, Sir Mark Lutton, Buckingham and
Welney. Yes, myself and the Canadians.
And when did you start? In October 1918, where from
Hobheim. Where did you separate?
On the Belgian Frontier. When?
November 1918, about a month after we started.
How did you separate? I've told you we lost each other
in the dark, which got lost first.
Buckingham went off 1st to forage for food.
He didn't come back. I see.
Yes. Now that left Ludden and Welney
together. What happened then?
Welney went off to look for Buckingham.
He never came back either. Both got lost that same fatal
night, or killed, killed. That was it.
Was it? I don't know I I only mean
Welney. I know Buckenham is alive and so
do you. Who do you say was killed,
Wellney or Lutton? I will not answer that question.
You know that I am alive. Oh yes, yes, I know you're
alive. Well now, did you make any
enquiries at the time about your, shall we say, mislaid
companions? Yes, of course I did.
And you've never heard from either of them since?
Not from Wellness. Do you think that they're dead
or alive? I know Buckenham is alive.
What a Wellness. Oh, I no doubt he is dead.
Why? Well, I'm sure I could have
heard from him if he'd been alive.
Would it be a relief to you to learn that he was?
Alive, I tell you. It's impossible.
Of course I don't want anyone dead.
I wonder. Perhaps.
Well, we should see now you've told us that you know Buckingham
is a lie. Yes.
How is that he suddenly turned up at Inworth Park two years ago
and he. Tried to blackmail 2 blackmail.
Now, why should he want to do that?
You know perfectly well, Mr Foxley, your clients have been
primed to the brim with his allegations.
Well, if they have they they want the jury to share their
knowledge. And what were his allegations?
That I was not myself. Who did he think you were?
He. Pretended to think I was
Wellness. Wellness.
Now would you please describe poor Wellness appearance to the
jury? Oh, nothing peculiar.
The ordinary looking. Fellow Oh, now come, come, come.
I don't want you to be unduly modest.
Was he not, in fact, remarkably like you?
No. Well then I'll put my question
to you in another way. Wasn't he remarkably like Sir
Mark Ludden? I never.
Noticed. You never noticed him?
Never. Did other people notice it?
Quite sure, yes. I wonder if you remember whether
Sir Mark Ludden ever wrote home? You mean did I?
Well, if you like to put it that way.
Not often there were great difficulties in getting letters
through. Now I wondered if you know
whether Sir Mark ever wrote to his cousin Gerald.
Did I? Certainly not.
At least not that I remember. Would you look at that letter?
The usher will pass it to you now.
Is it dated 10th of May 1916? Yes.
It seems to be addressed to your dear cousin Gerald.
Yes, and to be signed Mark Lutton.
Do you happen to remember Sir Mark's signature?
I'd forgotten. I must have.
Written. Oh, no, no, no, no, I'm not
suggesting that you did, but it looks as though Mark Lutton.
You needn't be so offensive because it is my letter, is it?
Yes. Well, will you please read the
last paragraph to the jury? There are only two other British
prisoners here, both Canadians. The prison staff affect to see a
remarkable resemblance between me and one of them called
Welney. I can't see it myself.
I told you I didn't read. On to the jury, please.
Welney himself is quite laughably interested in the
similarity, almost feels one of the Ludden family.
Already almost feels one of the Ludden family already.
That must have struck you as highly amusing.
Let me look at that letter. Now, doesn't that letter recall
anything to you? No, no, it's a long time ago.
That is a pity. Now I wonder if you remember any
physical peculiarities about this man?
Welney No. I can't say I do.
No. Well then I shall have to try
and help. You thank you very much.
I'm lucky enough to have an official description of Welney
from the Canadian Army records, most fortunately.
Now let's see if it helps us at all.
Height 5 foot 10. That's about your height, isn't
it? And I've got many millions
besides. I dare say but if well they had
happened to be only 5 foot six, he couldn't have been.
You blue eyes And what colour are yours?
Can't you see it for yourself? And so can the jury if you will
be good enough to look at them. Thank you.
Blue thick crop of grey almost white hair.
Well, how would you describe your?
How would you describe yours if you'd been through what I went
through at? What date does this official
description of? Well, never late, Mr. Fox.
The year 1915, my Lord. Suppose a man's hair had not
been grey, then it might well be very grey after.
All these years, Mr. Fox, I am aware of that, my Lord, but.
If indeed it had not largely disappeared as it has for so
many of us. The point is, my Lord, that
Wellness was prematurely grey so long ago as 1915.
It may be my fault, Mr Foxley, but I don't see how that is
going to help us. It is a link in the chain, my
Lord. Don't they say the strength of a
chain is that of its weakest link?
Yes, my Lord, I hope my chain will bear whatever weight I put
on it. Yes.
Well, we, we must wait and see. Yes, Mr Foxley.
Now, this Wellness was also apparently a man who'd lost the
first two joints of the first finger of his right hand.
Had he? Oh, do you mean to?
Suggest to this court that you don't remember that quite well.
Come. Come.
Yes, yes, I do remember now. Oh, yes, He had lost the finger.
Most of us at that camp had been wounded.
We didn't take too much notice of each other's wounds.
Now I see by my records that a court martial found that
Wellness was a self-inflicted wound.
You know what that means Perfectly, for which Wellly was
reduced to the red. Very properly, I should say.
Oh, I'm glad we have some sentiments in common.
How did you lose yours? My finger do you mean?
Yes, by a curious coincidence, you've lost the first finger on
your right hand. I don't know about coincidence,
but I'm not ashamed of my wound. How did you lose yours?
My finger was shot off by a chance German bullet when I was
escaping. When you were escaping, yeah,
Now that would produce the interesting result.
But no one who was at the prison camp with you could remember
that Sir Mark Ludden had lost a finger, of course.
Not but I do, Mr. Fox. Would you mind holding your
right hand up to the jury so that they may remember too?
Thank you. Now I wonder if you remember my
solicitors asking if you would submit to a medical examination?
Perfectly. Why did you refuse?
Because I regarded it as an infamous suggestion that any
gutter rag should imagine that a gross libel gave them the right
to demand a physical inspection of anybody's body.
And. That was done under my advice,
Mr. Fox I'm sure it was most excellent advice.
Sir Wilfred. Now I'm going to read to the
jury something else from this official record of the
unfortunate. Frank Welney has the initials FW
tattooed on his right forearm. Have he?
Yes. Yes.
Now I come to think of it, yes, I remember he was tattooed.
I wonder if you would mind showing the Lord and the jury
your forearm? What is your suggestion?
Oh I'm glad to make it clear. I definitely suggest your right
forearm has the letters FW tattooed on it.
I don't want to conceive anything.
I'm quite prepared to admit my arm is tattooed and has some
letters on it, but not those. May we see for ourselves what
they are. Really, my Lord, is it necessary
for me to submit to every insult from Council?
Mr Foxley is only doing what he is entitled to regard as his
duty for his clients. Do what?
Mr Foxley asked. Very well, the heck who are I?
Pull my sleeve back. Yes, thank you.
Would you show your arm to my Lord and the jury as far.
As I can see, the initials tattooed on the plaintiff's arm
are not FW but EW. That is so, my Lord.
Oh please leave your arm exposed.
I wonder if you would satisfy our curiosity by telling us what
those initials EW stand for. They have.
Rather an intimate explanation, Mr. Foxley Oh no, I I will press
you to reveal any intimacy, but I warn you, I shall comment
freely on your inability to explain.
That I can't help that if you've no feeling of decency I.
Shall suggest that those letters EW were originally FW for Frank.
Well they it would only require the addition of a single stroke
to turn the F into an E, would it not?
A single stroke, yes. Yes, I suppose that's so.
Very well now I'll give you another chance of explaining
those letters. Very well, if you must have it,
E is my wife's initial. Her name is Enid.
Indeed, yes, But if the letter was originally F, that
explanation would not do. No, but as it never was, that is
no difficulty and. What is the W for the W?
Stands for her maiden name, which was Winterton and.
When did you have the tattoo? In Hobheim camp, my fellow
prisoner. Why?
To pass the time, time goes rather slowly in the prison.
Camp, I dare say it comes to this, doesn't it?
Frank Welney, the Canadian coloured, had FW tattooed on his
white forearm before his captivity and Sir Mark Ludden,
the English baronet, had EW almost the same letters tattooed
on the same arm during his captivity.
Of course, it's only a coincidence.
Isn't it wonderful? Is it?
Now, I believe Sir Mark Ludden was shot through both thighs of
the Battle of the Mars. I was.
A medical examination would have confirmed.
Everyone knows I've walked. Lame ever since.
But everyone doesn't know the reason.
I've never hesitated to tell them.
I dare say no. It might have been instructive
to see the scar my. Lord, I'm calling the most
eminent Dr on that point. Then it's a pity, Sir Wilfred,
you didn't allow our doctor to collaborate in the inspection.
He comes to this, doesn't it? The only physical peculiarities
associated with London up to his captivity were bullet wounds in
both thighs, and the only physical peculiarities
associated with Welney up to his captivity were prematurely grey
hair, a lost finger and tattooed initials on his arm.
I take your word. And today, by a remarkable
coincidence, your body manages to combine all the physical
peculiarities of London and Welney.
I see what you mean. Now if Welney were pretending to
be some marked Ludden, that would have to be the case.
But if some marked Ludden was not Welney, it wouldn't be
necessary for his body to display all the peculiarities of
Welney's body. I call that utter nonsense.
If I was ever foolish enough to get tattooed, I should be bound
to remain. Tattooed, yes, but unless you
were Welney you wouldn't be bound to get tattooed at all.
I think the jury have got that point, Mr Foxler.
If your Lordship please. And why all this mystery about
your alleged thy wounds? I put it to you that a man who
would shoot off his own finger wouldn't hesitate to inflict
some superficial injury to his thighs if it was worthwhile.
You'd. Better ask your friend Wilny
that. Am I not doing so though?
You are not. Only a few more questions.
Where were you educated? Eaton and Sandhurst.
I see Wellner was educated at an elementary school in Montreal.
Again, I take your word for you. He would never have had the
opportunity or the chance of learning Latin or Greek.
Perhaps he didn't miss much. Will you tell me the names of
some of the Latin authors you studied?
I don't remember any. I would shelter.
Oh, I won't ask you to translate, but can you tell me
the name of a single Latin author?
I tell you I was shell shocked. I remember nothing pre war but.
Would it help you if I suggested a name or two?
Do you remember Homer Demosthenes?
They might be Dutch for all I remember.
Oh. That's rather unkind to me.
Learning friends. Little trap.
Sir Mark Ludden went into the Rifle Brigade, yes, and served
with them for something like 7 years before the war.
Yes, and I remember nothing of it at all.
I'm not ashamed for the reason for it.
I don't want to be shell shocked out of all the memories of
youth. Here.
Am IA man of 40 / 40 and for practical purposes my
recollections of life started about 10 years ago.
Silence, Silence and. Tell me this step if this
alleged loss of memory was so complete, how was it you were
able to remember your pre war engagement and the lady's name
at Hobheim prison camp? If you insist on an answer, I
will give it, Mr Foxley, though I'd rather not.
I can well believe that. Tell the jury, please.
Well, I might have forgotten. I might have continued to forget
my engagement and even my fiance's name, but some of her
letters were in my pocket when I was taken prisoner and later
letter from her naturally revived my recollection.
I should say I very largely relearnt the details of my
family and hers from my fiance's letters.
Well now, can you produce any letters written by some Mark
Ludden from Hopine to his home in which he makes any reference
to being either shell shocked or deprived of memory or tattooed?
I haven't got any of my own letters here.
Oh no. No, but if you were allowed time
to secure them, could you produce any reference to any of
these things? I can't.
Say, after all these years fakes.
Oh, very likely not. You see, I didn't want my fiance
to know how bad my shell shock was.
She might have. Well, she might what?
She might have hesitated about marrying a man like that.
Why she might have been afraid of his brain.
One last question, yes I have here some specimens of some
marks pre war and prison handwriting and your post war
handwriting. Well.
They're rather different, aren't?
They shoot off your first finger and see if your handwriting is
the same. Did you shoot off yours?
No, I did not, but. Well, they did.
If I'm wealthy, what became of London?
Most interesting question which I don't propose to answer now.
I don't, I don't really know there's much I need to try to
clear up every examination to Mark in Spider Man learning,
friends, curiosity. Are you still quite certain that
you are yourself? Yes, Sir, Sir Wilfred I I'm more
certain than I ever was. Who first suggested you were
not? That Canadian Buckingham tell
the Journey how he intervened. Yes, certainly.
Two years ago, he came to ING with Hall and asked to see me.
Under what name did he ask for? You my own name, of course.
Mark Ludden. Well.
He was or said he was penniless and he asked for money.
I gave him a tenner for old times sake.
That is where I made the mistake.
Why? He didn't think it enough.
He became very abusive. I had to send for the keeper to
have him turned out of the park. Perhaps one day we may encounter
Captain Buckingham. Perhaps one last question.
Yes, about those Tutu marks. What inspired you to get
tattooed at Hobheim? I believe it was really the
sight of the letters on Wellness arm which put the idea into my
head. Then as time hung so heavily on
our hands and I heard it was a long job, I I thought I'd be
tattooed. What was the underlying idea of
selecting the initials of your wife's maiden name?
Tell the jury. Well, one some of the prisoners
died like flies from cholera. It occurred to me that I might
easily die at that camp, and I I thought I'd like my fiance, if I
did die, to know well that I carried her initials to my
grave. Sounds romantic, but of course
some of us are. I have no doubt the jury will be
able to understand that sentiment to Mark.
Thank you. We leave the box.
Thank you. Lady Ludden.
Lady Ludden Take. The book in your right hand you.
Swear by Almighty God. One moment I don't want to
appear to interfere with the conduct of the case by counsel
of your experience, so will fit, but.
I should welcome any suggestions.
Of course, I am not in any way prejudging the issues, but in
view of the plaintiff's own evidence and other evidence
which I must assume to be your at your disposal, is it really
necessary to impose on Lady Ludden the strain of giving
evidence? But I ought to give evidence to
my husband. I probably 1.
Moment. Your Lordship will appreciate my
friend. Mr Foxley might feel justified
in allowing himself certain comment if he would deny the
opportunity of cross examining. Lately doesn't.
And what do you say, Mr Foxley? Oh, I entirely agree with your
Lordship. This lady's evidence, under the
peculiar circumstances, could carry my friend's Case No
further, and I hope I I needn't assure the Court that the very
responsible paper which I represent has no desire to add
in any way to the poignancy of Lady Ludman's position.
I am much obliged, my friend. I was confident that would be
so. Mr Foxley, then Lady London,
you'll be relieved, I feel sure, to be free from the necessity of
giving any evidence. My Lord, of course I understood
what you think best. You can leave the box now, Lady
Lutton. If you find the strain too
great, you can of course leave the court.
Thank you, my Lord, I couldn't leave the court.
I don't think we can go any further today.
So Wilfred, are you calling anymore witnesses?
I may of course have to ask your Lordship's indulgence to call
rebutting evidence at a later stage subject that I only
proposed to call the witnesses I've indicated.
And so Eric Fulchrom, the well known service.
Then, Mr Foxley, we ought to be able to begin the case for the
defence tomorrow afternoon. Undoubtedly, my Lord and I shall
try to emulate my learned friends uncharacteristic brevity
in opening. That will leave me equally
indebted to you both. The following afternoon, about
3:00 PM, the Court is again in full session.
Mr Thomas Foxley Casey has risen and is now delivering his
opening speech for the Defendants newspaper.
With regard to the general case which will be laid before you by
me and my learned friend on behalf of the great newspaper
which we represent members of the jury, I have purposely
refrained from telling you even the nature of the evidence by
which we shall sustain our case. I want you to hear the details
from the witnesses themselves, and leave you to form your own
impressions. I venture to think you will be
surprised. Now, as I said to you at the
start, if we are right, we shall have discharged a public duty.
We shall have exposed a cold, calculated fraud on the
tenderest affections, on a devoted tenantry, on a patriotic
electorate. If we are wrong, we shall have
to pay for it. You will make us pay a lot for
it. We ought to pay a lot for it.
But are we wrong? Now let me review quite shortly
the evidence put before you by the plaintiff now to convince
you that he is an English baronet, an English officer, an
English MP. Well, first there was the
plaintiff's own evidence. I'll say nothing about that.
I'll leave you to form your own opinion about his shell shocked
memory. I will only make this
observation. Wouldn't it have been
appallingly inconvenient for the plaintiff in a case like this if
a chance shell had not enabled him to refuse an answer to every
question on the whole of his life up to 10 years ago now?
Members. Of the jury.
To pass from the plaintiff, who else did my learned friend call?
We had his parents in law. How far did their evidence take
us? You will recall a members of the
jury what they said. We have never had a moment's
doubt of his identity, and we have not now.
You may welcome to the conclusion, members of the jury,
that these parents in law would be stultifying their own
discharge of their own duties in the custody of their daughter if
they admitted any doubt of the plaintiff's identity.
Oh. Come, Mr Foxley, is that really?
Really, by Lord, I must protest against my learned friend's
gratuitous interruption. I deprecate interruption of
Council's speeches unless they involve correction of facts
proved in evidence. I do hope my learned friend will
allow me just a few undisturbed minutes to conclude my speech.
Lastly, members of the jury, as I was about to say, we had Sir
Eric Fulsham, the famous specialist.
Now he gave evidence on two points, shell shock and thibles.
Did you really derive much assistance from him?
Now do correct me if I'm wrong, but doesn't his evidence boil
down to this? A shell shock may produce a vast
variety of effects, nearly all of them subjective, that is to
say, for practical purposes not visible to simple souls like you
and me. Now, did we need to drag here
the busiest and most fashionable surgeon in Harley Street to
learn that? Then Sir Eric went out to say
that he found on both of the plaintiffs thigh marks
indicating some form of penetration, that it was
impossible after this lapse of time to speak with certainty
they were not inconsistent with bullet wounds.
And oh really, members of the jury?
What is the value of that? It still leaves us reduced to
this dilemma. Either the plaintiff is Sir Mark
Ludden, who we know was shot through both thighs, or, being
Frank Welney, he has deliberately produced injuries
corresponding to Sir Mark's. I really would be grateful if my
friend would indicate how the cooperation of his doctor would
have assisted the solution of that dilemma.
I really would be grateful if my learned friend would refrain
from these constant interruptions.
Yes, Mr Foxley. Well, members of the jury, I
shall now conclude our publication was intended, as is
obvious, to be a challenge which no one in public life could
possibly evade. It has been accepted.
It had to be accepted. Members of the jury, I am
confident your verdict will vindicate the public spirit of
my clients. That is rarely all I shall say
at present and I shall now be the assistant of my learner.
Junior. Mr Hemsby, call the evidence for
the defence. Mr Hemsby, call.
Patrick Buchanan. Patrick Buchanan, take the book
in your right hand. You swear by Almighty God, I
swear by Almighty God. The evidence you shall give.
The evidence I shall give. Shall be the truth.
Shall be the truth, the whole truth, the whole truth, and
nothing but the truth, and nothing but the truth.
Your name is Patrick Buckingham and during the war you were a
captain in the 7th Ontario Pioneers.
That's right, you were taken prisoner at EEP the end of April
1950. I was and was sent to Harvind
Camp. Yes.
How many British officers were there after the cholera outbreak
in 1915? Only three of us were left, him,
Mark, Ludden and me. Who is him?
Welney, of course. Now, how do you know the
plaintiff is Welney? Same as I know anyone else, by
faith of course. I was in prison with him for
about 3 years. We were both Canadians, so we
piled up. Mark Ludden was a good guy, but
very English. That stuck up, you understand,
but not really pally. Keep myself to myself, sort of
sportsman. Yes.
Now, was there any resemblance between Welney and Ludden?
Well, up to a point they might have been twins, but he was
always grey as a badger and Ludden hadn't the grey hair.
What? Not even after his experience
met fire on the mark. Not him.
I never heard of him being in a fire.
No Of. Course not.
Now we have seen for ourselves how terribly a shell shocked the
plaintiff is. Whilst you were at Hoheim with
some Mark Ludden, did you notice his shell shock?
No, I didn't. He was as lame as an old crow
with thigh wounds. That was his only trouble.
Are you sure? Of that, well, how do you think
we heard all about his family history in the States if his
memory was all shell shocked away, I thought.
He was so reserved. Yeah, really.
Please. So he was reserved up to a
point, but about a year after we'd been there together, word
came that his father died and that he was a baronet.
So he had to start and explain things a bit.
Well, he took a lot more interest in him then.
Seemed kind of fascinated by the title.
And you say that Ludden was able to explain things?
Sure. Well, as you could.
Now we've heard that Frank Welney had lost a finger.
He had, but I never knew till yesterday he'd shot it off
himself. And the FW was tattooed on his
right. Forearm.
That's right Sir. And the letters were the same
size and pattern as the EW on his arm I saw in court
yesterday. Now that's very interesting.
Now, do you remember Sir Mark Ludden's tattoo?
Ludden never had anything tattooed too much of the English
gentleman. I can believe it.
You remember Sir Mark losing his finger when he escaped of.
Course I don't. Nothing wrong with his arms or
hand then, thank. You Now let's get on quickly to
October 1918. What happened then?
Our guards were reduced, so we tried to escape.
Who are we? Laden, Welney and I.
We got off all right at the first attempt and we trekked
towards the Belgian Frontier. Moving at night.
That meant getting over about 250 miles 2. 150 miles to the
frontier, Yes, well. About a month later, a few days
before the Armistice, we reached the outskirts of a small town,
Stabilo, just over the Frontier by Mile meeting.
What happened there? Well it was my turn to forage
for food. Well near I always had to do it.
You see, we got hold of civvies. Laden was in uniform all the
time, so he had to lie low. Well, well, well.
You went off to forage near Stabilis?
Yeah, I I went off and I left the other two in a wood about
half a mile up the hill outside the town.
When I got back with some grub. Well, they had done a bunk.
Done a bunk. He disappeared.
Only Laden was there, and he. Yes, What had happened?
Well, I reckon we'll never know the exact truth.
Tell the jury what you saw. I saw Mark Ludden where I'd left
them both. He was lying on the ground with
his head bashed in. Any signs of a struggle?
There sure was. Ludden's clothes were more red
than khaki. His arm had been smashed to a
pulp. Which arm?
His right arm. He was smothered in blood, face
and arms. And you say that there was no
trace of Welney. No, and no trace of anything in
Ludden's pockets either. Well, what did you do?
Well, I left to them as well as I could in the dark, and I took
him along to the door of the first big house.
I left him on the step and and I ran away like hell.
And what did you do then? I shoved along in the right
direction, keeping an eye open for our friend over there.
Whom do you mean? Welney, Welney.
I didn't want him to do me. And two.
When did you meet Welney? When did you meet the plaintiff
again? I was wandering around the
country about two years ago on Shanks Pony.
I came to some village in Norfolk with a final park and
modelled cottages. Sort of place that makes you
feel that if you were the Squire you wouldn't change places with
a millionaire. Yes, I had a drink in the pub
and I asked whose place it was. They told me it was Sir Mark
Ludden. Well, I pricked up my ears.
I knew Pearl Mark was dead, but I went along.
I thought it might be some sort of relation who'd come across
with a bit after I'd told him about the last hours of Sir
Mark. Well.
I went along and I asked to see the Squire.
They told me he was out just then.
Who should come up but my old pal Welney, quite the Squire
too, had gun over his shoulder. Damn nice dog at his heels.
He could have knocked me over with a feather.
The same feather would have knocked him over too.
Well, I recovered first. No, I hadn't seen him since the
night he left poor old Ludden murdered.
I asked him what the devil he was doing there and he said who
the hell is this? To whom did he say that?
To his Butler, Judge. He was standing beside us.
I said. None of your jokes, Frank.
You know Pat Buckingham just as well as he knows you.
Yes. What the?
Well, he seemed to put himself together a bit and he asked me
to have a drink. We went into a really fine room
and when he'd shut the door behind us, I said, what are you
doing here, Frank? And I remember he said, why do
you keep calling me Frank? My name is Mark.
None of your nonsense, I said. It was dirty work.
He urged Frank to wind up poor old Mark like that.
Then he got angry and the feathers began to fly and I like
him out of damn sight quicker than I went in.
You must remember that you're in an English court, Captain
Buckingham. What do you mean?
Well, you had me chucked out and that made me sore.
Well, I soon figured out that he was pretending to be Sir Mark
Ludden, so I made it my business to find out the man who ought to
be in Sir Mark's shoes, and have his house and title and estate
and. Who was that?
Captain Gerald Ludden. Yeah.
He lived in the next village. I had what you might call a
heart to heart talk with him there.
You. Are I suppose you mean he was
interested in what you told him? I have never seen a man more
interested in anything. Yes, I dare say that might be
the case. Now I have asked you only one
more question. Have you, now that you've been
watching him for two days, the least doubt of the identity of
the plaintiff? Now is Frank Welney.
Thank you. Captain Buchanan.
Captain Buchanan, Am I right in assuming that your suggestion is
that Frank Warner murdered Sir Mark Ludden?
Of course he did. I left them together.
What sort of time was this? About 8-9 o'clock.
Few days before the Armistice it would be dark.
It was dark, I told you so. Then how can you be so sure that
it was poor old Mark and not willing that you carried his
face you said was smothered in blood?
No doubt about it. If I hadn't known his shape when
I carried him, I'd have known his uniform.
I tell you, he was the only one of the party in uniform.
It is it. How long ago was your coal
reading with? Just over a year ago.
What employment have you had since?
Oh, I've seen different people about the case.
What have you lived on? Different people have given me
money. Now aren't you lucky?
No wonder who? Because that given me a bit.
That sounds most generous of them.
How much? 5 lbs a week to keep me in
England. And who else has given you
money? Captain Gerald Ludden sends me a
tenner a month. Seems to be a generous open
handed sportsman. What made The Gazette so lavish?
How should I know? It's some years now since you
would immobilise. It is.
And where have you lived during those years, Captain Buckingham?
Different places. I wonder if I can guess some of
them. Did you spend nine months at
Liverpool in gaol? My pardon, Judge, is the
barrister allowed to go into my private trouble?
Certainly is. In cross examination answer
learning councils Christians, they are directed to the point
whether you are a person to be believed on our oath.
Did I guess the right address for those nine months in 1920?
Yes. That was for false pretences,
yes. And then did you spend 18 months
at Newcastle? Yes, in prison.
What was that for? Same sort of thing.
Wasn't it for blackmail? Something of the sort.
Some people might describe you as a professional.
Blackmailer and some people would be wrong.
And you're at it again, aren't? You.
What do you mean? Look at that letter.
Yeah, sure. We'll bring it to you.
That's your letter, isn't it? Yes.
Written a year ago to the plaintiff.
Yes. Hand it back.
Nice gentlemanly letter, wasn't it?
The letter of a stupid fool on his uppers.
A pretty effort in blackmail. What would you have done if
you'd had the shock of getting the £1000 you demanded in the
letter? I'd have cleared off and said
nothing. I suggest you'd have led Sir
Mark Ludden White as veal again and again.
Oh, I'd have left him alone. Although you say he had murdered
your friend and secured his wife for the fondest treachery.
He was no concern of mine. Well, the blackmail was your
concern. I think the jury will know what
to think of you and your evidence.
You may leave the box. Call Doctor Emil Flutter.
You speak English, I take take the book in your right hand.
You swear by Almighty God. I swear by Almighty God.
The evidence you shall give. The evidence I shall give.
Shall be the truth. Shall be the truth.
The whole truth. The whole truth.
And nothing but the. Truth and nothing but the truth.
Your name is Emil Floro and you practise as a doctor of medicine
in the town of Stavelo on the old Belgian frontier.
Baby. I mean, yes.
I believe you understand English darker.
Perfectly, Mr Perfectly. I think you act as physician and
surgeon to the auspice Dalenais at Stavelo.
For more than 20 years, that is so.
That is a public lunatic asylum. For the poor and friendless at
the expense of the state. Do you remember something which
happened two days before the Armistice in 1918?
Yes, it come back to me distinctly.
A boy summoned me at midnight to a farmhouse just outside
Malmidi. It was raining, I remember, in
waterspouts, but I sent it forth in spite of it.
Who knew what mischief I might not be able to avert?
Who indeed, Doctor? Well.
On arrival at the Palm, there on the doorstep lay a corpse in
very old English uniform. You call it Cat.
I met down. I felt a pulse.
The heart, the corpse was not quite dead, but also nearly a
corpse has made no difference. In what condition was the body?
This. Skull.
Has been fractured with truly cruel lacerations by some heavy
blunt instrument. The face is drenched in blood.
Slowly. The blood still oozes from the
right hand and arm. Evidently there has been a
terrible struggle. The wounded man has been
attacked with the butt of a rifle or some heavy club.
He has tried to protect his poor head with his right arm, and in
the struggle he has received heavy blows ever so many in
succession on his arm. His poor arm and elbow is
smashed, and then his brute Lacella completed his murder
with some heavy weapon, almost certainly, as I say, the butt of
a rifle or. I'm sorry to interrupt with you,
but I want to be quite clear. You are giving us your
conjectures of the struggle. You didn't happen to watch it.
No. But sometimes science can be
more definite than sight. The injuries told the tale ever
so clearly to the timed man. I think the Tumblr intelligences
in this court were able to understand you, Doctor.
Yes, please continue. Doctor, what did you do?
There was no hope of recovery, but they determined to do
matters. I dressed his wounds at the
farm, and next morning had him removed to my auspice for mental
cases where I amputated his right arm.
And then gradually a miracle occur.
Sometimes it so happens, but poor unfortunate recovered
completely in a physical sense, but the appalling concussion of
the blows which so nearly killed him has deprived him of all
intelligence. Can he speak?
I cannot say he has a tongue. He has not ever used it.
He cannot understand a word written or spoken, English or
French. He cannot think.
What became of your patient? He is alive, I gather.
Oh yes, Milor. He has ever since been an image.
We call him Numeroca. #15 Why? What other name could we give
him? We knew him not, and that has
ever since been the number of his cell.
I believe you produced one or two exhibits associated with
this sad case. Oh yes, in this parcel of mine.
Thank you, thank you very much. Now this is the kaki jacket
Numero Cares was wearing at the time.
See how it is stand with torrents of blood.
It has lost the right sleeve. It is unfortunate I had to cut
that off to examine the arm. It could not be helped.
Unless my learned friend would admit it, I shall prove later,
my Lord, that the badges and buttons of this jacket were worn
by officers of the Rifle Brigade.
I'll admit, my Lord, the that exhibit, he is the Rifle Brigade
jacket. But I shall ask you at a later
stage, Let me call the plaintiff on this point, which was never
put to him by my friend. No, my learned friend is quite
right. I cannot.
Very well, Sir Wilfred, I'll remember.
Do you produce anything else, Doctor?
Yes, I have brought with me another exhibit from Belgium,
numeral kinds. #15. Yes milord, that's so
unfortunate. Body without a brain.
May my assistant bring him in. I am sure Milan will allow it.
Who is this man, Doctor? That is New York Times.
May I come down from this box and display certain features?
I am sure my lad will permit it. Now, as you see, that right arm
was amputated to save his life. There are traces of thigh
injuries I believe. A bullet, All bullets have
traversed both thighs. I I dare say your Lordship, will
allow the jury to see those wounds at the rising of the
court in a private room. In the presence of both parties.
Yes, Doctor Claude, if you please, resume your place in the
box. Back in the case.
Now there is an important question in this case, Doctor.
It is whether this poor man's real name is Welney or whether
his real name is Sir Mark Ludden.
That is indeed an interesting question.
And for numerical he does not know.
He cannot. Tell, but can you tell us,
doctor, whether the amputated arm had lost a finger or was
tattooed with the letters FW? No, I should have seen them.
I must have seen them. And the lost finger, That too I
should have seen. Yes, thank you, doctor, Sir.
Well. I want you, Monsieur, to help us
all as far as you can in dealing with this mysterious case.
I shall be only too happy. Now, just a word about that
amputated right arm. Would you swear that that night
so many years ago, you looked for injured fingers all to two
marks? No, I.
I. Dare not, would you, all these
years after, destroy a happy marriage and make an innocent
child a bastard by swearing that there was no special scars or
peculiarities on that arm? No, I I have a conscience.
I I dare not. I knew I could rely on those
scruples. Now about the leg wounds.
It has been suggested that he walked about 250 miles in a
month. Could he?
Oh. No, he could not do so of.
That I am confident he is. But if he is Frank Welney, he
must have done so. Then he is not.
And if he is laden, he must have done so.
Then he is not laden. I tell you, unless he was a
Superman, he could not walk 250 miles in a month on those poor
legs. It comes to this doctor, doesn't
it? No one can claim to have the
least idea who he is. That is why is that when all is
so vague? All I suggest is he can't be so
Mark Ludden because the mark is alive and well there.
How could you be mistaken to Wilfred?
Evidently, that must be so. Mercy, miss you.
Thank you. Can we get on, Mr Hemsby?
Excuse me, Your Lordship, but will you wait one minute for Mr
Foxley? He's having an important
consultation with our clients only just outside the court.
Why should I wait for Mr Foxley? What is a junior for Mr Hemsby?
In the case of this importance, milad to be seen and not heard.
Do you wish to re examine this witness, Mr Hemsby?
No Milad and. Then you can go Doctor Flourdock
leave the box. Yes, thank you.
Doctor. Will you call your next witness,
Mr? I mean some difficulty, Milad.
I don't really know whom my learned leader was proposing to
call next. In his absence, you are in
charge of the defence. If you have any further witness
to call, that witness must go into the box.
Now all your case is closed. Ah, here is Mr Foxley now.
I must apologise. I needn't assure you that my
absence men no disrespect to Your Lordship's Court.
Are you going to call any further evidence, Mr Foxley?
Yes, my Lord, I have my next witness ready.
Well, will you call him? I call Lady Ludden.
Whom? Mr Foxman.
Lady Ludden, my Lord. Sir Mark's wife.
The plaintiff's wife, your Lordship, will recall that there
was some question of her giving evidence yesterday.
Yes, of course. Yes, this is very unusual.
It is a very unusual case, my Lord.
So it seems very well. Call Lady Ludden.
Lady Ludden. You swear by Almighty God.
I swear by Almighty God. The evidence you shall give.
The evidence I shall give. Shall be the truth.
The whole truth, The whole
truth. And nothing but the truth.
And nothing but the. Truth, Lady Ludden, you have not
been served with any subpoena to give evidence.
No. You are giving evidence of your
own free will. Well, Lady Lund.
No, not exactly of my own free will, Mr. Fox.
Day. Not of her own, so well repeats.
I should think you should explain that, Lady Lund.
I'm here because, well, my father thinks, insist I ought to
give my evidence and I. But your father, General
Winterton, has already given evidence for Saint Mark.
For the plaintiff, my Lord, I am now calling his daughter this
lady. For the defendant.
Of course, that is obvious. Well, Lady Ludden, are you
willing to be called on behalf of the defence?
It's for Mark. So, Mark?
I must even now. You seem to be taking a great
risk, Mr Foxley. I am prepared to incur it, my
Lord. Your name is Enid and you are
the only daughter of General Winton.
CD. Yes.
Before we go any further, Lady Gutten, I think perhaps you owe
an explanation to my Lord and to the.
Why? Why Mr Foxley?
They saw you yesterday go into the box apparently prepared to
give evidence for your husband. Yes, If you had given evidence
yesterday, would it have been the evidence you are prepared to
give today? No, the evidence I promised to
give wouldn't have been the same.
Lady Ludden, I am sure you don't mean you had promised to give
evidence to mislead this call. Oh.
No, my Lord, of course not. When I told my husband's
solicitors what I'd say, I thought that I felt sure it was
the truth then. Then I see well Mr Foxne.
If you're Lodge, please now, Lady Lutton, did you in 1914
become engaged to mark only sudden heir of Sir Peter Lutton,
Baroness of Ingwick Hall in the County of North?
Yes, I believe you were very young at that time.
I was only 17. Did you in April and 1919 go
through the ceremony of marriage with the plaintiff at Ingwick
Church? Yes.
Was your husband married to you as Sir Mark Lutton?
Yes. Only three more questions from
me, Lady Lutton. Did.
Mark Lutton, ever write to you from captivity?
At regular intervals after the first two months.
Now I want you to search your memory most carefully, as indeed
I know you will. Did any of those letters reveal
to you any loss of pre war memories?
No, no, Before he could have heard from me, after he was
taken prisoner, he wrote and asked me to wait for him until
the war was over. And you did.
Yes, I waited. Did he ever complain in those
letters of shell shock? He never complained of anything.
Never complained of it. Now one final question, Lady
Ludden, do you now believe your husband, the plaintiff in this
action, is really Mark Ludden? Well, Lady Ludden.
No, no, he's not Mark Laden. So, Mark, my client is unwell,
my Lord. The plaintiff appears to have
fainted. My Lord, may I suggest?
I think perhaps in the circumstances, we will adjourn
and resume tomorrow at half, half 10.
The next morning, about 10:30 AM, the court is again ready for
trial and awaiting the arrival of Mr Justice Tuttington.
The judges clerk has just come in.
He's standing at the back of the bench.
In a moment, he'll call for silence and the judge will
enter. Island, Island.
Mr Foxley. Mr Foxley.
I see that when I adjourned the court yesterday in view of the
plaintiffs sudden indisposition, you had not closed your
examination in chief. That.
Is Sir, my Lord, and I shall not distress Lady Ludden by any more
questions. I see.
Lady Ludden, will you come into the box for Sir Wilfred's cross
examination? I hope it will be all.
Thank. You, Lady Laden, your husband is
most anxious that I should not cross examine his wife.
You will forgive me if I overrule his wishes.
Said Miss Wilfred. You must do your duty.
Well, let us begin by clearing up one or two points, Lady
Laden. Yes, Sir, Wilfred.
Take those to two marks on your husband's arm.
When did you first see them? On his return from Germany.
What letters were they there? Were they then?
Just like they are now, EW. EW, so at least my learned
friend was wrong in trying to suggest an F became an E for the
purposes of this trial. I've never seen anything but EW
on his arm. No word on the subject of the
plaintiff's memory. I think you told my friend
yesterday that your husband's letters from Germany revealed no
loss of memory. Not my husband's letters.
They were marks. Yes, I'm not for the moment on
the subject of identification. Lady Ludden, the jury will
remember your husband has given his explanation of these
letters. But coming to a later period.
It is true isn't it, that since his return his memory of pre war
events has been practically a blank?
My husband's memory? Oh yes, he's hardly known
anything. So there again, whatever the
explanation, his loss of memory has not been assumed in order to
defeat Mr. Fox. Oh no.
That, at least, is real enough. I felt sure you would admit
that. Now, Lady Ludden, I'm afraid I
must ask you a rather intimate question.
Lady Ludden, did you love your husband when you married him?
Not as I loved Mark Ludden, but I felt I ought to.
Did you never grow to love him? Yes, not as I loved Mark.
When did you first suspect that, in your opinion, he wasn't so
much? It's so terribly difficult to
explain. I never exactly suspected till
yesterday. I see.
And yet, even from the first, I felt there was something
different. Yes, even when he first came
back, something quite different. Something different.
There always seemed to be a sort of wall between us, a wall I
could never pass through. There were things I could never
ask him, things he would never talk about.
But wasn't that natural, Lady Ludden?
After all those years of separation, and after all your
husband had gone through, he might well wish to forget so
much wouldn't. He.
I tried so hard to think so, but now I understand.
Now you understand. Since yesterday.
You mean your suspicions became more definite yesterday?
Yes, after hearing the evidence, after seeing see.
Don't distress yourself, Lady Ludden.
Then apart from yesterday's evidence, you would not be so
certain. I don't know yet if your husband
were in fact Frank Wellner. Numero can should be Mark
Ludden. Is that what you mean?
I don't know, I don't know, and I don't know.
My husband must be willing. I only know he isn't.
Mark. You mean you don't believe he is
Mark? I don't believe he's.
Mark. Why isn't that the same thing?
Not quite. Lady Ludden, would you swear to
recognise Numero cans? No, no, that's just it.
I couldn't. But that's a terrible part.
Oh, it's too awful. I can't recognise him at all.
I can't. I can't.
But I saw my husband's face when poor numero curves came into
court. I saw them.
By his look, he recognised him. Even if I can't.
Since giving your evidence yesterday, have you asked your
husband for an explanation of that look?
No, I haven't spoken to him. I spent the night at my father's
house. And your husband?
He was he, I suppose he was alone.
Alone and at this crisis of his faith.
Oh, don't drive me, Sir Wilfred. If he could explain, why hadn't
he explained? I hadn't he had all these years
to explain, and I've never heard a word of explanation.
But a word of all this, why should I first learn a Frank?
Well, only after this libel's published?
Well, I'm his wife. Couldn't he trust me?
Didn't I wait for him? Wait and wait and wait?
Haven't I given him everything all these years because I
thought he was Mark? Lady Laden, supposing your
husband could prove he was so Mark.
He could prove, if he could prove.
Sir Wilfred, perhaps we can wait a few minutes for Lady Laden to
recover before you continue your cross examination.
I. Don't prepare to ask any more
questions, Lord. Nor I and I shall call no
further evidence. Then that closes the case for
the defence. Yes, my Lord.
Well, Sir Wilfred, have you decided to adopt any particular
course? The position, my Lord, is very
difficult. At any rate, I fear I must yield
to my clients insistent desire that I should exercise the right
Your Lordship reserved to me of recalling the plaintiff on the
question of the uniform jacket which was produced by Doctor
Flutter yesterday. I cannot prevent the plaintiff
going into the box again. Menard, there are times when a
clown can insist on controlling his own litigation.
You know, if you're bound to add that Sir Eric Fulsom is
genuinely anxious about the mental consequence if he's not
allowed to do so. Very well, he has the right to
give his evidence on that one point.
So Mark, will you go into the box?
Thank you. He can, if he likes, give his
evidence sitting down. No, thank you, my Lord, I prefer
to stand. So, Mark, you had an opportunity
yesterday of seeing the uniform jacket produced by Doctor
Claude. Yes.
And you admit it's a Raffle Brigade jacket.
Most certain. Then I have no doubt it was
mine. Silent, silent.
You identify it as yours. Yes, my Lord, do you?
You mean your uniform was on #15 when he was found by Doctor
Flaudo? Certainly.
I should very much like to know why.
I'm coming to that Milan, Sir Mark, Yes.
Tell the jury how Sir Mark Laden's jacket came to be on
numeral cars. Yes, Sir.
Whifford Buckingham was speaking the truth when he said he went
foraging that night, leaving well near me together.
He was away a very long time. We thought he'd been caught, so
Wellner went to look for him. How was it Wellner went to look
for Buckingham instead of his companion, Sir Mark Luton?
I always had to keep him in the background.
Lord, I was the only one in uniform.
Wellner went to look for Buckingham.
He was away for hours too last I began to think he'd been caught
or shot. There were a lot of odd shots
going off that night when, when neither Wellner nor Buckingham
came back, I began to peep along the edge of the wood towards the
town. Suddenly, round the corner I
bumped into a German soldier. He was as frightened as I was.
Without a word he fired from his hip and shot off my finger.
That is when I lost. That I hadn't understood.
It was as late in the escape as that.
Yes, my Lord. That's why Buckingham was
speaking the truth again when he said he never knew I had lost a
finger. Tell the jurors of Mark what
happened there. Yes, yes.
I dashed in and I wrenched the rifle out of the man's hands.
He put up his arm to save himself, and I brought the butt
down on his head. He dropped like a stone.
Yes, it was horrible, horrible. I I hate to remember it even
now. Yes, please go on.
The killing of a German soldier by an English prisoner of war 40
miles behind the German lines would not be treated as death in
action. You see, yes, I.
Dare say it seemed my only chance of getting through I was
to get out of my uniform and get into a German 1.
So I changed uniforms with the man I killed.
I thought I killed. Of course I took everything out
of my own pockets. Then I dashed off for all I was
worth. And if I hadn't made the change,
I should never have got through IS.
There anything else you wish to wear someone.
I'm sorry Sir, I didn't quite catch.
I'm so sorry. Is there anything else you would
wish to add? Oh yes, yeah.
Well, only this. Unless someone changed the
uniform again after I got away. That poor devil whom Doctor
Floddance saved is not an Englishman at all.
He is that German soldier. Thank you so much.
Yes, thank you. And Mr Foxley, I'm sure I
needn't remind Council of your experience that I cannot allow
any general cross examination. It must be confined entirely to
this new evidence, of course. Now, are you quite sure,
witness, that you're fit for cross examination?
Yes, Sir. Now what I mean is, whatever
view the jury may take, there is no doubt that you had a great
shock. Yes, I've had a great shock.
However, will you answer this question?
I'll try. When you first gave evidence,
did I hear you take the oath? Of course.
To tell the truth, The whole truth, Yes.
Why didn't you tell the whole truth then?
I thought I did you. Thought you did.
Didn't I ask you question after question after question about
the circumstances of your separation from Welney that
night at Stabila? Yes.
Why didn't we hear a word of this encounter with a German
soldier? I didn't think it mattered you.
Didn't think it mattered. And why no word of that
wonderful quick change of unity? I I tell you, I didn't think it
mattered then. Then if it was true, why
suppress it? Can't you see?
It was only yesterday I knew that that poor devil was still
alive. I might be well nailed.
Well named might be me. What happened to that German
would make no difference till you produce that jacket.
Now, when did you first tell this story to?
Anyone this morning to Sir Wilfred, when I saw that not
only my counsel, but my own wife didn't believe I was myself.
I can understand their embarrassment.
You never mentioned it to anyone before today.
No, never. Did you never tell your wife?
No, I never told it to my wife. She's never heard it before.
I gave this evidence today. And why not I?
Didn't want her to associate me with that sort of thing.
What sort of thing? I did.
Well, I did in hot blood. What?
Did you do to that German of yours?
I told you, have you have, you know, what are you keeping back?
The way I killed. Him.
Now I have a note of what you said.
I brought the butt down on his head.
He dropped like a stone. Yes.
Now, is that all the truth? I want an answer.
Have we got it all even now? Not all, not all.
All right, I'll tell you last. My first blow smashed his arm.
He gave a dreadful scream. More noises would have brought
up some of his friends. He he was down, he was helpless
and I saw red. I had to finish him off.
I simply had to if I have to have a chance of getting away,
getting home to see my wife. How many more blows?
How can I? Tell blow after blow till the
head was a pulp and the face was.
I can't think of it. I won't think of it.
I've tried to forget it all these years.
I won't remember it. I've never told my wife I
couldn't. Tell my wife.
There was, there was always that between us, keeping us apart.
Oh, she told the truth all right.
It was the truth. Never since the war.
Never have I been the marked Ludden.
She promised to marry. So we seem to be right.
You are a man capable of a brutal murder.
Did you ever serve in the war, Mr Foxley?
No. But well.
Learned council do not expose themselves to interrogation when
they are cross examining. Now, can you produce a shred of
evidence that would substantiate your story?
No. It depends on my word.
With nothing to support it now, what became of the German
uniform? You say you escaped.
I burnt it when I reached our lines.
I wanted to. Forget that seems unfortunate.
It might have given the name or regimental number of your
mythical. German.
I can give you the poor devil's name and regimental number here.
It is on his identity disc. Let me see it please.
Thank you, members of the jury. This appears to be the identity
disc of a German soldier giving his name as Karl Geist and his
regimental number. Sir Mark, you swear this was on
the body of the German soldier whose uniform you exchanged for
your own that night of Stavelo? I do, my Lord, after Doctor
Flaudin's evidence yesterday, I didn't drove especially home
last night to Norfolk. To get it, and apart from your
own evidence, there is nothing to prove it originally belonged
to this particular German soldier of the millions of
German soldiers involved in the war, apart from my.
Sworn word No, my Lord. Nothing.
It seems to me it becomes increasingly difficult for a
jury to give a verdict in this case.
Let me say this here and now, my Lord.
I only want the verdict of the jury for the sake of one person,
and that person is my son. I've already lost the only
verdict I wanted for myself, my wife.
Silence. Silence.
But I want my son to know that I was entitled to be his.
Father. I have nothing more to ask to
mark. Witness, You can leave the box
if you feel strong enough. Well, Mr Foxley, are you going
to address the jury? My.
Lord, something, something has just come back to me.
What is it? May I?
Just look at my jacket. Certainly, but I don't see how
it can help us now. I shall pass the jacket to the
plaintiff. Thank you.
Now, my Lord, will someone lend me a knife?
What for? I want to cut something I sewed
in the back of my breast. Pocket something you sewed.
In yes 250 Mark notes and. I don't know that we can let you
mutilate an exhibit. And the Lord, I've admitted it
is my jacket and you, you can see there when I've sewn it up.
Now if I might have a knife to just to cut these stitches.
You may who has a pocket knife? I have my life, Usher.
Now, you see, before I started to escape from Hobheim with
Welney and Buckingham, I wasn't too sure of my companions, of
what might happen to things in my pockets.
I don't seem to be far wrong. So I sewed inside the lining of
this breast pocket a photograph and 2:15 marked notes.
And yes, they're still here. And here is the photograph.
Yes, this is the photograph. Now I remember.
Yes, I remember. It all begins to come back to
me. My Lord, this is the first
photograph my wife gave me when we were first engaged.
I took it with me to France. I always had it in that pocket.
Usher, will you pass me that photograph please?
Thank you. I see something is written on it
to Darling. That be read aloud, my Lord.
I think it should. Members of the jury on this
photograph, these words are written to darling Tony with all
my love, Enid, with all my love. I don't quite understand the
inscription. Does your wife call you Tony?
Oh my Lord, never. Then why is Tony written here?
It's so long since I saw that photo.
I I remember, yes, I remember. She used to call me Tony at
first. Then I think my people didn't
like it so it was dropped. I forget when some time before
the war. It's.
True, my Lord, Quite. True.
Can you recall why she chose the name of Tony?
It's. Beginning to come back to me.
Yes, that photograph was taken of Eaton on the day of our
engagement. Yes, I see it's taken by an
Eaton photographer. Yes, my wife was there with her
brother. That's when we got engaged.
That very afternoon we went to the photographer.
Yes, but why the name Tony? She heard all my friends calling
me Anthony, so she said she'd call me Tony.
Anthony. Why should they call you Anthony
when your name is Mark? A play on Mark Anthony, I
suppose. You see, I was always Anthony
Levin at Eton. Lord, I take your time.
So Mark, take your time. I feel, my Lord, it's become my
duty to take a most unusual course.
My clients are far too responsible to want to snatch of
it. Really, I am glad to hear that.
My junior, Mr Hemsby, had the advantage of being educated at
Eton, which your Lordship may know is a very large school.
He tells me that whilst he has no recollection of being there
with a Mark Ludden and can't recognise the plaintiff, he
remembers perfectly well that there was a boy there in his
time known as Anthony Ludden. We seem to be getting rather
away from normal evidence. What did you say that name was,
Mr Foxley? My junior's name, Hemsby.
Hemsby, Hemsby, Hemsby. I can't recognise Mr Hemsby in
his wig. Should I be allowed my Lord to
ask Mr Hemsby to take it off? I have no objection if Mr Hemsby
hasn't. Not at all there.
Ah, you rode bow in the school 8 for the ladies plate.
My last half I've got it Loppy Hemsby I.
Beg your pardon? A loppy, my Lord.
That's right, Milan. You'd better resume your wig, Mr
Hemsby. My Lord, it's abundantly clear
the plaintiff has been the victim of an appalling mistake.
If You're Lordship will give me two minutes to talk to my
learned friend Sir Wilfred, I think the jury will not be
troubled in this case. I think one minute should be
ample, Mr. Fox. One minute.
Sir Mark, you may leave the box. Thank you.
Thank you very much. One or two cases.
So, Mark, come here. I must have you here.
I'm just speaking to Mr Foxley. I'll leave it to you, Sir.
Wilfred I I must go to my wife, Sir.
Mark, you must. I don't.
Care. I don't care.
Oh, Enid. Well, my Lord.
Well, Sir Wilfred, my Lord, I, I, I can't get any assistance
from McLaren. I had noticed that, Sir Wilfred.
Which leaves me to the tender message of my friend Mr Foxley.
You mean my generous instincts, Sir Wilfred?
Have you agreed? We have.
I am sure the jury, who have
been most patient in this case would like to know the figure of
Mr Foxley's generous instincts. Yes, Sir, Wilfred.
I've agreed to accept the quite nominal sum.
Nominal. Yes, without, under the amazing
circumstances, the nominal sum of £25,000.
And the fullest possible apology and a complete withdrawal of
every allegation by the Daily Gazette.
Your larger will appreciate this action was not brought to
recover money. Quite clearly not, and I hope
something more than money has been recovered by this trial.
I cannot believe that the merciful Providence which
allowed Sir Mark and Lady Lutton to come together after all the
dangers of the war will not prevail to bring them through
this final tribulation. That was libel by Edward Wool.
Adapted for broadcasting by Molly Greenhalgh.
The part of Mr Justice Tuttington was played by
Harcourt Williams and the associate by Hamilton Dice, the
plaintiff, Sir Mark Ludden by James McKechnie, Sir Wilfred
Killing, KCMP, counsel for the plaintiff by Norman Shelley and
Mr Thomas Foxley, KC, counsel for the defendants, by Donald
Wolfitt. The junior council were Mr
William Vale by David Peel and Mr George Hemsby by Donald Grey.
The part of Lady Ludden was played by Catherine Solkeld,
Patrick Buckingham by John Farrell and Doctor Emil Flogged
On by Austin Trevor. The play's production was by
Raymond Rakes.