The Case Of The Berkshire Hog - Robert F. Clifton (simple ebook reader .txt) 📗

sir.”

“Very well. Pardon me for interrupting. Please continue.”

“Well, the next day, Sunday, Fleming is found dead in his home. The police learn about the confrontation between the two men that had occurred the day before. As a result they go to Mercer’s home and take him in for questioning. While they’re doing that other officers are collecting evidence in the Fleming household. One of the things they find is a partial footprint in the pool of blood that came from Roger Fleming’s crushed skull. At the same time they found three hairs. A sample of Flemings hair and the hairs found in the blood pool did not match.”

“Ah, very interesting. I’m under the impression that these three hairs are very instrumental in Mr. Mercer’s conviction.

“Right on sir. The analysis revealed that the three hairs came from a Berkshire Hog. The nearest hog farm raising Berkshire Hogs at that time other than the Mercer farm was eighty miles away.”

“So, then I assume that the prosecutor for the Crown presented that fact along with the hairs to the jury and although

it being circumstantial evidence it was enough for them to convict him.”

“Exactly, but the jury didn’t consider the hairs as circumstantial evidence, but evidence that proved the facts,” Morgan replied.

“Naturally. Now, as I see it, this being the year 1951 twenty five years have elapsed. Mr. Mercer is dead so he can not appeal his conviction. Mr. Fleming is dead. He can’t tell us what happened or who killed him. I doubt that after all these years that have passed that any of the witnesses, the field hands of Fleming or the care takers of Mercer’s hogs are alive or even near by. That results in the almost impossible ability to question those who knew something or anything about the two men or their quarrel. As a matter of fact, the information you have gathered comes practically from the police reports and testimony offered in His Majesty’s Court at the time of the trail.

I wonder Mr. Morgan, since you have the reports of the police and the transcript of the trail whether or not you might be able to collect and analyze the evidence in the case?”, asked Basham.

“I doubt it. As you have said. The case is twenty five years old. However, even if I could what would you be looking for?”, asked the Barrister.

“Clothing, blood splattered clothing. Was Fleming found on a rug or wood floor? Face up or face down? A list of those that the police questioned in the area would help.”

“Those people are are probably deceased by now”, Morgan replied.

“True, but their relatives may be alive. If so they could remember what was said or at least what they were told,” Basham said.

“It would be hearsay at best,”said Morgan.

“My good man. I don’t expect you to put them on the witness stand. I merely wish to listen to what they have to say if and it is a big if. If, they remember anything that may, just may help your cause.”

Morgan smiled. “ I take it then doctor that you are either coming in on this matter or are at least interested in it at the moment,” he said.

“Let’s say I’m interested. Nonetheless, there are certain things that I will require,” said Basham.

“Just name them sir.”

“For starters I’ll need mimeographed copies of any and all documents. With those I can do further study and see what else might be helpful, even by reading between the lines, so to speak.”

“I’ll have on of my clerks do that immediately.”

“ Next, I need you to petition His Majesty’s Court to order the police to either turn over their evidence or allow us to at least look at it for, let’s say, a reasonable time.”

“That can be done. It will take some time to prepare the brief but at the same time allow me to advise you that the court can say no,” Morgan suggested.

“But, you see old boy it proves that we went about it in the right and legal manner. Don’t you see?”

“Of course. I don’t practice law any other way sir.”

“If I thought for a moment that you didn’t I wouldn’t be here. Now then, correct me if I’m wrong but I believe that British law states, that when it comes to compensation in cases such as this that the victims, those being the Mercer children have a better control of the litigation in a civil claim than in a criminal case, said Basham.

“That’s correct Doctor. Let me emphasize that my duty to my clients at this time is to prove the innocence of their father and to have his criminal record erased once and for all. If the Mercer children in the future seek civil action once Mr. Mercer’s name is cleared, naturally I will again represent them should they ask me, Morgan replied.

“Here, here. Your last statement tells me what sort of chap you are. Here is my hand sir. I should be jolly well pleased to assist you in this matter. When the documents copies are ready send them to my home at 1600 Hitman Road, Harrow. Till then, unless you have any other need of me I shall be off’, said Basham as he shook hands with Morgan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Two

Sergeant Reginald Draper

 

It was on a Saturday morning at approximately eleven AM when Joyce Basham answered the telephone. Alistair Basham, as usual had ignored the ringing call as he sat reading the London Times. “It’s for you love!”, said Joyce loudly.

“It bloody well be important, bothering a man at his home on the weekend. Who is it?”, Basham asked.

“A Mister Morgan if he is still on the line after hearing you complain”, Joyce replied.

After taking the receiver from his wife and placing it next to his ear Alistair said, “ Ah, Counselor, how are you this morning?”

“Fine sir. I just wanted to let you know that since we last met and spoke I have retained the services of a private investigator,” said Morgan.

“Really? What on earth for?”

“If you recall our conversation one of the things mentioned was finding either witnesses or the relatives of witnesses related to the Fleming case.”

“Yes, go on.”

“Well I think you will agree that neither one of us has the time to do so. Therefore, after speaking to the Mercer children they agreed to pay the investigators fee.”

“I trust that you hired a reputable firm.”

“I did.”

“Good and just how many witnesses or relatives of witnesses has you private investigator found?”

“Right now? None. He did however locate the Detective Sergeant, now retired, that was the lead investigator for the police in the Fleming murder.”

“Oh? Jolly good. When can we talk with him?”

“Monday morning. He has agreed to come into my office to be interviewed.”

“Smashing. What time?”

“I suggested we meet at ten. Remember the man is elderly.”

“So am I. What is his name?”

“Reginald Draper. Sergeant Reginald Draper formerly with the Essex Police, Chelmsford.

“Ah, yes, that would be within their jurisdiction. Anything else?”

“No sir.”

“Very well. Thank you for calling. I shall see you on Monday. Ten AM, you say?”

“Yes sir.”

“Cheerio.”

**************

At nine forty five AM on Monday morning Alistair Basham entered the offices of Basil Morgan, Barrister. After being met by Morgan’s receptionist and legal aid he was shown into the lawyers private office. There he found Morgan and a portly man who was seated next to Morgan’s desk.

“Ah, good morning Doctor. How good to see you. I have been advised that due to traffic on the roads this morning Sergeant Draper will be a bit late,”said the barrister.

“Probably blokes on their way to work,” Basham replied.

“Of course. Oh, allow me to introduce you to Mr. Derrick Fillmore. Mr. Fillmore is the private investigator I told you about.”

“Of course. Nice to meet you Mr. Fillmore”, said Basham. Looking at the man he saw a short, rotund individual attired in a worn, tweed jacket, a white shirt with a frayed collar and a necktie with several food stains on it. The man also had a red face which indicated to Basham that the man was either a drinker or suffered from hypertension or both.

“Same here governor”, said Fillmore as the two men shook hands.

Basham took a seat and turning to Fillmore said, “So, my good man. You are originally from East London. Do you still reside in that area?”

“How do you know that I’m from East London?”, asked Fillmore.

“Your use of the word governor. Normally only males from that section of the city use that term when addressing the elderly.”

“I hope that I haven’t offended you sir”, said Fillmore.

“Not by the use of the word. Considering me as elderly? Well, perhaps I’m almost in that category.”

“While we’re waiting, is there anything I can offer you gentlemen? Coffee, tea?”, asked Morgan.

Neither man requested anything.

At ten forty five AM the young, female, legal aid opened Morgan’s office door and held it open. A young man pushing a wheelchair holding an elderly man entered the room. “So sorry to be late gentlemen”, said the man in the wheelchair.

“Not at all Sergeant. No need to be sorry,” said Morgan.

“This lad attired in white is my, let’s use the word attendant. The word nurse offends me. Makes me fell older and more ill then I am. He calls himself Archie Blake. He does everything for me except wipe my arse. I’m still able to do that myself. Say hello, Archie,” Sergeant Draper instructed.

Blake nodded his head and smiled to the men in the room.

“Now then, seeing Fillmore here and knowing that you want to ask me questions about a case I investigated some years ago suppose you tell me who you are sir”, said Draper speaking to Basham.

“Alistair Basham ,Sergeant. I am here at the request of Mr. Morgan.”

“Really? In what capacity?”

“Actually, that of a criminologist”, Basham explained.

“I see. From what I know about criminologist and criminology I see your job is to find any and all discrepancies in a criminal investigation”, said Draper.

“As a career police officer I’m sure that you must admit that at time discrepancies do occur,” Basham replied.

“Draper smiled. “True, true. Now, I suggest that you begin your questioning before I either have to piss or fall asleep. As you can see, I’m an old bloke.”

“Very well sir. Could you start from the beginning, that being when you became involved in the actual investigation of Mr. Fleming’s murder,” said Basil Morgan.

“I’ll do the best that I can. Keep in mind that you’re asking me to go back in time to 1926. Nonetheless, although my bladder is weak, the mind is still sharp. At least I think so. Alright, as I recall I was contacted at headquarters on a Sunday. Seems that a field hand on one of the farms found his employer dead and laying in a pool of blood. A uniformed officer was sent to the farm belonging to a Mr. Fleming. In those days uniformed patrolmen used bicycles for transportation. We did have one motorcar assigned to us, but it was out on another call at the time. This meant that I had to wait until it returned.

When it did, I and another detective, Henry Chambers gathered our kit and drove to the Fleming farm. When we got there the uniformed constable had more or less secured the crime scene.”

“Allow me to stop you there Sergeant. You said the constable had more or less secured the crime scene. What do you mean by more or less?’, asked Basham

“I mean under the circumstances of the door to the house being open for hours. The fact that a field hand had entered the house plus the fact that it was unknown then as it is now if anyone else beside the killer had entered and left,” Draper explained.

Basham wrote in his notebook. “Please go on.”said Alistair.

“Thank you. Anyway, as I was saying, the uniformed constable was safe guarding the crime scene. Me and Henry entered the house. When we did ,we found the victim, later identified as Roger Fleming dead on the floor.”

“How did you know