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1
00:01:27,316 --> 00:01:30,482
l'm sorry to have made so much noise.
2
00:01:30,579 --> 00:01:33,453
l thought you might have been asleep.
3
00:01:36,715 --> 00:01:39,100
Have you been drinking?
4
00:01:39,197 --> 00:01:42,946
lt is the custom on election nights.
5
00:01:44,284 --> 00:01:47,957
Please don't let me disturb you
if you're writing a letter.
6
00:01:49,022 --> 00:01:49,889
No, l've finished it.
7
00:01:52,945 --> 00:01:55,625
- Have you eaten?
- l wasn't hungry.
8
00:01:55,722 --> 00:01:59,856
l'd have been here sooner but l was
called to attend some girl's dog.
9
00:02:00,676 --> 00:02:02,182
What's the matter?
10
00:02:03,774 --> 00:02:05,347
Are you a fatalist, Dwight?
11
00:02:06,231 --> 00:02:09,639
Are we having
a philosophical discussion
12
00:02:09,735 --> 00:02:13,047
or have you a more
personal reason for asking?
13
00:02:13,143 --> 00:02:16,261
Are we the masters of the dance?
14
00:02:17,575 --> 00:02:19,497
Or are we merely puppets, do you think?
15
00:02:19,595 --> 00:02:24,902
l don't know. What has made you wonder
that at this time of night?
16
00:02:28,114 --> 00:02:30,744
This thing.
17
00:02:31,885 --> 00:02:33,976
Five minutes ago l tried to shoot myself.
18
00:02:34,021 --> 00:02:36,408
The damn thing misfired.
19
00:02:38,648 --> 00:02:42,588
Since then l have been debating
as to whether l should try again.
20
00:02:43,144 --> 00:02:45,921
l realise it is not in the best of taste
21
00:02:46,018 --> 00:02:49,914
to use the hospitality
of your room to do it in
22
00:02:50,010 --> 00:02:52,640
but l couldn't get a room of my own
23
00:02:52,738 --> 00:02:55,363
and it seemed faintly vulgar
to do it in some dirty street.
24
00:02:56,919 --> 00:02:59,258
l don't understand you.
25
00:03:00,718 --> 00:03:03,105
What don't you understand?
26
00:03:04,418 --> 00:03:06,195
Why you should want to kill yourself.
27
00:03:06,291 --> 00:03:09,192
And if you do, why you should ride
25 miles to a strange town to do it.
28
00:03:09,453 --> 00:03:14,614
Well, one can develop
a quite unreasoning prejudice
29
00:03:14,710 --> 00:03:17,386
against spilling one's blood
on one's own doorstep.
30
00:03:19,306 --> 00:03:22,520
lt makes a mess of the house.
31
00:03:22,616 --> 00:03:25,782
lt'll make a mess wherever you do it.
32
00:03:28,216 --> 00:03:31,382
Can you explain to me, Doctor,
33
00:03:31,479 --> 00:03:33,865
scientifically...
34
00:03:35,180 --> 00:03:37,147
what happens to our resolve
when you put the barrel to your head,
35
00:03:37,243 --> 00:03:40,311
pull the trigger and nothing happens?
36
00:03:42,599 --> 00:03:44,985
Should l blame myself
37
00:03:45,083 --> 00:03:47,784
for not remembering
that powder gets damp quickly
38
00:03:47,880 --> 00:03:49,704
in this damned Cornish atmosphere
39
00:03:49,801 --> 00:03:53,379
and that l should have brought
some dry, or say it was just fate?
40
00:03:56,032 --> 00:03:58,297
Or is the final humiliation
41
00:03:58,394 --> 00:04:00,753
to shirk having another try?
42
00:04:01,850 --> 00:04:03,723
No, it seems the most sensible course.
43
00:04:04,037 --> 00:04:06,424
Why suicide anyway?
44
00:04:08,808 --> 00:04:10,364
Oh, it's a long...complicated story.
45
00:04:10,460 --> 00:04:12,847
- What story?
- Never mind!
46
00:04:12,943 --> 00:04:15,012
- You're young, propertied...
- Mortgaged.
47
00:04:15,108 --> 00:04:17,495
You have a wife and a child.
48
00:04:17,592 --> 00:04:19,780
Doctor, please,
you'll make me weep for joy
49
00:04:21,877 --> 00:04:24,453
Had it been your cousin Ross
l might have understood.
50
00:04:24,550 --> 00:04:27,031
On trial for his life,
and having lost his only child.
51
00:04:27,128 --> 00:04:31,267
- His business having failed...
- God damn you!
52
00:04:33,701 --> 00:04:36,087
Be quiet.
53
00:04:40,567 --> 00:04:43,095
However, he seems
to have kept his self-respect,
54
00:04:43,191 --> 00:04:45,675
which you, perhaps, have lost.
55
00:04:47,428 --> 00:04:49,815
What makes you say that?
56
00:04:49,911 --> 00:04:52,708
l think there must be
a great loss of self-respect
57
00:04:52,805 --> 00:04:55,630
before suicide can even be thought of.
58
00:04:55,728 --> 00:04:59,155
There are times when it may be
the only way of restoring...
59
00:04:59,251 --> 00:05:01,687
one's self-respect.
60
00:05:01,784 --> 00:05:05,335
Perhaps you didn't drink enough.
Get twice as drunk and sleep it off.
61
00:05:05,432 --> 00:05:07,867
A pistol ball is very dramatic.
62
00:05:07,964 --> 00:05:10,398
Hm.
63
00:05:10,495 --> 00:05:14,975
A pistol ball, Doctor,
has no morning after.
64
00:05:18,140 --> 00:05:22,621
Well, it would be even more vulgar
to do it whilst l'm here.
65
00:05:22,716 --> 00:05:25,586
Why don't we have a drink
and talk about it? We have all night.
66
00:05:42,523 --> 00:05:47,099
Here, drink this brandy.
That cheap gin'll poison you.
67
00:05:47,195 --> 00:05:49,582
Bring up unhealthy thoughts.
68
00:05:49,679 --> 00:05:53,571
Oh, my thoughts
were unhealthy without the gin.
69
00:05:53,667 --> 00:05:56,882
Do you...want to tell me about them?
70
00:05:58,197 --> 00:05:59,999
No.
71
00:06:01,312 --> 00:06:03,698
No, they're very private.
72
00:06:06,472 --> 00:06:08,516
Well, perhaps we can
talk about something else.
73
00:06:10,751 --> 00:06:13,235
Well, here's to the devil.
74
00:06:15,621 --> 00:06:18,126
God knows whose side
he was on tonight.
75
00:06:19,658 --> 00:06:23,406
And God knows whose side
he'll be on tomorrow.//
76
00:12:20,660 --> 00:12:22,663
Put up Ross Vennor Poldark!
77
00:12:24,863 --> 00:12:27,500
- Poldark's on next, sir.
- Sober this one up.
78
00:12:27,700 --> 00:12:30,257
Use the room behind the court.
l'll get him outside.
79
00:12:33,355 --> 00:12:35,665
Master Paynter?
80
00:12:36,761 --> 00:12:38,148
Master Paynter!//
81
00:14:03,190 --> 00:14:04,966
- You are Ross Vennor Poldark?
- Yes.
82
00:14:05,666 --> 00:14:08,391
Ross Vennor Poldark, hold up thy hand.
83
00:14:19,102 --> 00:14:21,484
He must be a very hard man, then,
your Captain Poldark.
84
00:14:21,580 --> 00:14:23,794
Oh, he get his temper up...
85
00:14:23,892 --> 00:14:26,277
l heard he threw you out.
86
00:14:26,376 --> 00:14:28,248
- He thrashed me.
- Thrashed you?
87
00:14:28,344 --> 00:14:30,293
For nothin'!
88
00:14:30,390 --> 00:14:32,507
For gettin' drunk! For nothin'!
89
00:14:32,603 --> 00:14:34,941
Just for getting drunk?
90
00:14:35,038 --> 00:14:37,425
He thrashed me.
91
00:14:38,737 --> 00:14:40,833
Threw me out!///
92
00:14:51,930 --> 00:14:55,728
Gentlemen of the jury,
Iook upon the prisoner.
93
00:14:55,824 --> 00:14:59,721
He is indicted in the name
of Ross Vennor Poldark.
94
00:14:59,818 --> 00:15:03,323
Now, that night.
95
00:15:03,420 --> 00:15:05,803
- What night?
- The night of the wreck!
96
00:15:05,899 --> 00:15:09,990
Let's see if we remember
everything that happened.
97
00:15:10,229 --> 00:15:14,085
That on the 7th day of January
in the year of our Lord 1790,
98
00:15:14,997 --> 00:15:18,772
not having the fear of God
before his eyes
99
00:15:18,869 --> 00:15:22,275
but being seduced by the devil
did incite peaceable citizens to riot
100
00:15:22,371 --> 00:15:24,878
and plunder feloniously
with force of arms
101
00:15:24,974 --> 00:15:27,606
and did take away goods
belonging to a ship in distress.
102
00:15:30,031 --> 00:15:32,302
And upon the arrival
of officers of the law
103
00:15:33,397 --> 00:15:35,856
did lead and direct resistance to them
104
00:15:35,953 --> 00:15:37,701
resulting in loss of life
and the wounding,
105
00:15:37,797 --> 00:15:40,107
directly or indirectly by the accused,
of Captain McNeil.
106
00:15:43,203 --> 00:15:46,857
Prisoner, how do you plead?
107
00:15:46,952 --> 00:15:50,118
Not guilty, my lord.
108
00:15:50,215 --> 00:15:52,743
- How will you be tried?
- By God and my country.
109
00:15:54,840 --> 00:15:59,077
You may sit at any time you wish,
Captain Poldark.
110
00:16:00,684 --> 00:16:02,973
Mr Bull, when you're ready.
111
00:16:10,228 --> 00:16:13,537
No doubt there are
a great many of you here
112
00:16:13,634 --> 00:16:17,482
who will remember
the great gale of January last.
113
00:16:17,579 --> 00:16:19,916
A mighty gale.
114
00:16:20,013 --> 00:16:23,324
And no doubt many
will remember the ship,
115
00:16:23,420 --> 00:16:26,732
a Cornish-owned ship, not a foreigner,
116
00:16:26,829 --> 00:16:30,725
that was driven into distress
on Nampara Cove,
117
00:16:30,821 --> 00:16:35,594
just as it happened,
below the house of the prisoner.
118
00:16:35,690 --> 00:16:38,468
A man comfortably circumstanced,
119
00:16:38,563 --> 00:16:43,822
a mine-owner
and a landowner of ancient name.
120
00:16:43,920 --> 00:16:46,306
l believe, gentlemen of the jury,
121
00:16:46,403 --> 00:16:49,467
that you would have expected,
as any honest man would expect,
122
00:16:49,563 --> 00:16:53,897
that one's thoughts would be
for the safety of those aboard.
123
00:16:53,994 --> 00:16:58,960
But apparently not,
according to the prisoner's behaviour.
124
00:16:59,057 --> 00:17:01,538
His only concern was to rouse
the lawless spirits of the village.
125
00:17:01,635 --> 00:17:04,504
And within one hour,
without any thought for those aboard,
126
00:17:04,601 --> 00:17:07,524
the ship was dismembered,
127
00:17:07,621 --> 00:17:11,219
the prisoner having personally
conducted the operation.
128
00:17:11,316 --> 00:17:13,945
That is not true!
129
00:17:14,045 --> 00:17:18,523
We will come to your evidence,
Captain Poldark, in good time.
130
00:17:18,619 --> 00:17:21,249
On the night of the raid, gentlemen,
131
00:17:21,348 --> 00:17:25,535
it must be remembered
there was one passenger left on board.
132
00:17:25,632 --> 00:17:28,111
Matthew Sanson.
Prompt help may have saved him...
133
00:17:28,208 --> 00:17:32,348
- He was dead!
- Restrain yourself, Captain.
134
00:17:34,003 --> 00:17:37,212
All we do know, and this is all we know,
135
00:17:38,526 --> 00:17:40,913
is that no such help was given
136
00:17:41,010 --> 00:17:44,761
- and a man lost his life.
- He was already dead.
137
00:17:44,858 --> 00:17:47,921
l must ask you to let the court proceed
in its own manner.
138
00:17:48,017 --> 00:17:49,501
The prosecution will also show
139
00:17:49,597 --> 00:17:52,078
that when a contingent
of His Majesty's Dragoons arrived
140
00:17:52,175 --> 00:17:54,753
the prisoner warned them not to interfere
at peril of their lives
141
00:17:54,850 --> 00:17:57,816
and when they did they were set upon
by the prisoner and others.
142
00:18:02,787 --> 00:18:04,074
This court will be cleared
143
00:18:04,171 --> 00:18:05,873
following any further disturbance
from the body of the public.
144
00:18:10,040 --> 00:18:12,183
Continue, Mr Bull.
145
00:18:12,279 --> 00:18:15,494
An officer received serious injuries.
146
00:18:15,591 --> 00:18:20,460
There were two deaths among
the rioters and many injured.
147
00:18:20,558 --> 00:18:24,595
lt was, as evidence will show,
a night of riot, theft and murder!
148
00:18:24,692 --> 00:18:27,224
All instigated by the prisoner!
149
00:18:32,453 --> 00:18:34,855
It is not within the Crown's scope
to bring previous acts of lawlessness...
150
00:18:35,321 --> 00:18:37,172
lt is certainly not!
151
00:18:40,759 --> 00:18:43,483
The Crown neither knows
nor can prove that there were any!
152
00:18:43,579 --> 00:18:47,379
- Your Lordship, uphold me.
- l do, Mr Clymer.
153
00:18:47,476 --> 00:18:49,857
Remain within facts we can dispute,
not gossip you hear!
154
00:18:49,953 --> 00:18:52,753
This is a court of law, sir,
not a market square.
155
00:18:52,849 --> 00:18:55,187
l ask Your Lordship's pardon.
156
00:18:55,283 --> 00:18:57,764
The jury will disregard
the prosecution's suggestion,
157
00:18:57,862 --> 00:19:01,098
difficult as that may be
now Mr Bull has introduced it
158
00:19:02,193 --> 00:19:04,944
- contrary to the rules of law.
- Your pardon.
159
00:19:06,062 --> 00:19:07,450
- l withdraw my observation.
- A little late, Mr Bull.
160
00:19:07,828 --> 00:19:09,185
Please continue.
161
00:19:20,228 --> 00:19:21,686
l dearly loved my mother, sir.
162
00:19:21,782 --> 00:19:25,634
We all love our mothers, Master Paynter.
163
00:19:25,834 --> 00:19:28,064
lf only she could see me now.
164
00:19:29,378 --> 00:19:32,150
''What's become of you, Jud?'' she'd say.
165
00:19:32,247 --> 00:19:35,652
''What's become of you, Jud, me son?''
166
00:19:35,686 --> 00:19:38,255
Come along, Master Paynter,
we haven't got that much time.
167
00:19:40,352 --> 00:19:43,371
Get a mug of water and fill it with salt.
168
00:19:43,468 --> 00:19:45,266
Now, let's go over it again.
169
00:19:45,362 --> 00:19:46,749
Captain Poldark roused you.
170
00:19:46,846 --> 00:19:48,507
Captain Poldark roused me...
171
00:19:50,302 --> 00:19:52,106
And?
172
00:19:52,202 --> 00:19:54,320
Captain Poldark roused me.
173
00:19:54,417 --> 00:19:56,606
And he said?
174
00:19:57,921 --> 00:20:00,308
l don't know what he said.
175
00:20:00,404 --> 00:20:04,053
He said there were pickings for all!
Pickings for all! Now!
176
00:20:04,150 --> 00:20:07,851
Captain Poldark roused me...
177
00:20:07,947 --> 00:20:11,357
- There was a wreck.
- There was a wreck...
178
00:20:11,454 --> 00:20:14,154
and there were pickings for all.
179
00:20:14,250 --> 00:20:16,732
And when he boarded the ship...
Master Paynter...
180
00:20:18,829 --> 00:20:21,941
Listen to me, it's to your own advantage.
181
00:20:22,037 --> 00:20:25,996
When he boarded the ship
he carried a line to take off the cargo.
182
00:20:26,216 --> 00:20:27,517
Do you hear me?
183
00:20:31,060 --> 00:20:33,800
lt is also obvious
from the prisoner's statements
184
00:20:33,900 --> 00:20:36,734
that he has sought to justify his actions,
185
00:20:37,831 --> 00:20:40,454
justifications that have stamped him
as a man of dangerous sympathies.
186
00:20:40,966 --> 00:20:45,885
Gentlemen, all amongst you
have owned some property.
187
00:20:45,981 --> 00:20:49,099
lf you would keep that property intact,
188
00:20:49,196 --> 00:20:51,329
then such men must be made
an example of.
189
00:20:51,895 --> 00:20:54,713
- An admirer of the Jacobins!
- Mr Bull!
190
00:20:55,892 --> 00:20:58,375
The Jacobins would take
your property and share it out!
191
00:20:59,794 --> 00:21:02,512
Sedition, unrest and violence
must be stamped upon...
192
00:21:04,259 --> 00:21:05,724
My Lord, l object!
193
00:21:05,817 --> 00:21:07,328
l object on your behalf, sir.
Mr Bull!
194
00:21:09,077 --> 00:21:11,519
We are trying a criminal charge,
not a political charge.
195
00:21:12,458 --> 00:21:15,178
Any further attempts
to introduce extraneous evidence,
196
00:21:15,474 --> 00:21:19,612
- l'll have you removed.
- Yeah! Get him out!
197
00:21:19,709 --> 00:21:22,338
lf you wish to continue, Mr Bull,
198
00:21:22,434 --> 00:21:27,353
you will do so on
direct and disputable fact.
199
00:21:27,450 --> 00:21:29,836
Do you wish to continue, sir?
200
00:21:29,949 --> 00:21:32,720
l bow to Your Lordship's judgment.
201
00:21:32,817 --> 00:21:35,101
- Call the first witness.
- Call the witness!
202
00:21:35,697 --> 00:21:37,841
Nicholas Vigus.
203
00:21:40,260 --> 00:21:43,491
- How is he?
- Has a sore head but all right.
204
00:21:43,979 --> 00:21:45,437
Salter's looking after him.
205
00:21:45,856 --> 00:21:47,356
Forcing salt water down his throat.
206
00:21:47,769 --> 00:21:51,295
- This Vigus, is he one of ours?
- l don't think he'll give any problems.
207
00:21:56,848 --> 00:21:59,088
Nicholas Vigus?
208
00:21:59,186 --> 00:22:01,373
- Yes, my lord.
- No, it's ''sir'', not ''my lord''.
209
00:22:01,470 --> 00:22:03,515
Yet.
210
00:22:03,611 --> 00:22:06,132
Mr Vigus, will you tell
the court what happened
211
00:22:06,332 --> 00:22:07,690
on the morning of the 7th of January?
212
00:22:08,527 --> 00:22:11,692
- 7th... Well...
- Er, don't...
213
00:22:11,789 --> 00:22:17,047
Don't hurry yourself, Mr Vigus.
There's no need to be nervous.
214
00:22:17,144 --> 00:22:19,677
The morning of the 7th of January.
215
00:22:21,215 --> 00:22:25,086
l was woken up by Captain Poldark here
banging on the next-door cottage.
216
00:22:25,613 --> 00:22:28,355
- Could you hear what was said?
- l heard Captain Poldark.
217
00:22:30,031 --> 00:22:33,683
He was shoutin'
''Jud, Jud, good picking's for all,
218
00:22:33,978 --> 00:22:35,956
''there be a wreck comin' ashore.''
219
00:22:37,173 --> 00:22:40,621
Will you swear that is what he said?
You are under oath, Mr Vigus.
220
00:22:41,665 --> 00:22:44,192
- Aye, sir.
- And then what?
221
00:22:44,501 --> 00:22:46,385
l went back to sleep.
222
00:22:47,219 --> 00:22:49,871
ln the morning
l went to see what was goin' on.
223
00:22:49,967 --> 00:22:51,575
What did you see?
224
00:22:51,671 --> 00:22:55,325
Captain Poldark
was directing operations.
225
00:22:55,421 --> 00:22:57,711
''Directing operations''?
226
00:22:57,807 --> 00:23:00,486
Telling people what to do.
227
00:23:00,583 --> 00:23:03,333
Did he instruct anyone
to go aboard the vessel
228
00:23:03,429 --> 00:23:05,644
to see if there were further pickings?
229
00:23:05,741 --> 00:23:08,565
Mr Bull, rephrase that, please.
230
00:23:09,730 --> 00:23:12,747
- Who boarded the vessel?
- He did, sir.
231
00:23:12,845 --> 00:23:15,912
- And came back alone?
- Yes, sir.
232
00:23:17,325 --> 00:23:19,711
Going on further, Mr Vigus,
233
00:23:19,807 --> 00:23:22,289
what happened when the Dragoons
arrived upon the beach?
234
00:23:22,386 --> 00:23:24,993
- Captain Poldark spoke to them.
- In what manner?
235
00:23:25,474 --> 00:23:28,737
Seemed they was having high words, sir.
236
00:23:28,835 --> 00:23:31,119
- What sort of high words?
- l couldn't hear, sir.
237
00:23:32,814 --> 00:23:34,611
Thank you, Mr Vigus.
238
00:23:41,660 --> 00:23:44,674
- He's a liar! He's been bought!
- Shh. It isn't over yet.
239
00:23:48,981 --> 00:23:52,897
You can cross-examine him if you wish,
or would you rather l did?
240
00:23:53,190 --> 00:23:56,112
- No, l'll do it.
- If you wish.
241
00:23:56,209 --> 00:24:01,516
You would be putting your guineas to
better use if you'll let me speak for you.
242
00:24:01,612 --> 00:24:04,922
Captain Poldark, do you
wish to question the witness?
243
00:24:05,018 --> 00:24:07,940
l do, my lord.
244
00:24:08,036 --> 00:24:10,809
Ten to one on hanging if his counsel
isn't speaking for him.
245
00:24:10,905 --> 00:24:13,292
Who's got the brandy?
246
00:24:19,936 --> 00:24:22,468
What kind of a night was it, Nick?
247
00:24:22,566 --> 00:24:25,002
Rough, sir. Blowin' up something proper.
248
00:24:25,237 --> 00:24:26,624
ln which direction, do you remember?
249
00:24:27,721 --> 00:24:30,628
lf the ship was dead on,
it must've been sou'westerly.
250
00:24:31,145 --> 00:24:34,673
And your cottage is southeast
of Jud Paynter's -
251
00:24:35,272 --> 00:24:37,111
not next door but next door but one.
252
00:24:37,295 --> 00:24:38,771
Aye, sir.
253
00:24:39,100 --> 00:24:43,808
You must have very good hearing
to hear something said two doors down.
254
00:24:44,814 --> 00:24:46,097
That or you've been paid a lot of money.
255
00:24:50,195 --> 00:24:51,616
Captain Poldark, l'm warning you
as l've warned others,
256
00:24:52,078 --> 00:24:56,497
we are here to find the facts,
not to present unprovable suppositions.
257
00:24:57,217 --> 00:24:59,835
- l beg your pardon, my lord.
- Continue but do it reasonably.
258
00:25:02,815 --> 00:25:04,925
This court is not without intelligence,
whatever you may think.
259
00:25:05,289 --> 00:25:07,213
My lord, may l elucidate a point?
260
00:25:07,896 --> 00:25:09,883
You may elucidate a great many points.
261
00:25:11,210 --> 00:25:13,929
Did Captain Poldark
rouse you that night?
262
00:25:14,688 --> 00:25:16,151
- No, sir.
- Did you resent that?
263
00:25:16,812 --> 00:25:19,214
- Why should l?
- You were not there for the...
264
00:25:19,460 --> 00:25:21,063
- ''pickings''.
- l be no wrecker!
265
00:25:21,457 --> 00:25:23,941
- But you were there?
- l went to look.
266
00:25:24,439 --> 00:25:26,973
You got there after dawn. l was gone.
267
00:25:27,241 --> 00:25:29,816
Captain, either you examine
this witness or your counsel,
268
00:25:30,075 --> 00:25:33,853
- not both of you.
- What did you see, Mr Vigus?
269
00:25:34,796 --> 00:25:36,713
What were they about?
270
00:25:37,607 --> 00:25:40,185
l was on the beach and Captain Poldark
boarded the ship carrying a line.
271
00:25:40,471 --> 00:25:45,485
- A line? Ha! To rescue people!
- No, to drag ashore cargo!
272
00:25:45,983 --> 00:25:49,528
So Captain Poldark
organised the looting of the ship?
273
00:25:49,788 --> 00:25:52,922
- He carried out the line, sir.
- Did you carry a line?
274
00:25:53,233 --> 00:25:57,795
Yes, l did. If you are to rescue people
from a wrecked ship
275
00:25:58,076 --> 00:26:00,157
you need a line, if only to save yourself.
276
00:26:02,816 --> 00:26:05,568
Now, repeat. When the soldiers arrived...
277
00:26:05,829 --> 00:26:06,925
Damn him!
278
00:26:08,907 --> 00:26:09,744
l'm going!
279
00:26:11,369 --> 00:26:12,330
l can't...
280
00:26:14,403 --> 00:26:16,581
Here. Sit down.
281
00:26:28,677 --> 00:26:30,093
Now, when the soldiers arrived...
282
00:26:35,390 --> 00:26:38,136
Mr Vigus, for the benefit of the jury
may l clarify your evidence?
283
00:26:38,232 --> 00:26:41,740
His evidence is clear. He saw it happen.
284
00:26:41,835 --> 00:26:45,245
- How? He wasn't there.
- Captain Poldark,
285
00:26:45,341 --> 00:26:48,896
there were many people
on the beach that night.
286
00:26:48,993 --> 00:26:51,280
- l know he wasn't there.
- It is a matter of evidence!
287
00:26:51,377 --> 00:26:54,882
Leave it to your counsel for one moment.
288
00:26:54,979 --> 00:26:58,193
Mr Vigus, you tell us
you were not roused
289
00:26:58,290 --> 00:27:01,428
but were present
when Captain Poldark boarded the ship?
290
00:27:02,084 --> 00:27:05,525
You heard Captain Poldark
rousing some other person?
291
00:27:06,204 --> 00:27:08,528
Although the wind
was in the wrong direction.
292
00:27:10,357 --> 00:27:12,603
Not one witness mentioned you there
and yet you saw it all?
293
00:27:13,200 --> 00:27:16,366
- l damn well did!
- You also tell us
294
00:27:16,463 --> 00:27:21,040
that you heard Captain Poldark
having ''high words''
295
00:27:21,138 --> 00:27:25,275
with the captain of Dragoons
and yet you were not aroused.
296
00:27:25,993 --> 00:27:28,342
Nor with the weather as it was
297
00:27:28,441 --> 00:27:32,871
is it likely you would've been awakened
by any commotion.
298
00:27:32,968 --> 00:27:35,972
Mr Vigus, to be in two places at once,
you're either a magician...or a liar!
299
00:27:36,769 --> 00:27:38,557
The weather woke me!
300
00:27:39,170 --> 00:27:41,433
- Wind in the wrong direction.
- l heard 'em!
301
00:27:41,531 --> 00:27:44,111
l watched to see what they was doin'!
302
00:27:44,207 --> 00:27:46,448
He's a liar!
303
00:27:46,545 --> 00:27:48,980
What were they doing?
304
00:27:49,076 --> 00:27:52,194
- Wreckin'.
- No! No!
305
00:27:52,291 --> 00:27:57,095
- Liar!
- Thank you, Mr Vigus.
306
00:27:59,400 --> 00:28:01,785
Put up the next witness.
307
00:28:03,100 --> 00:28:07,579
Put up the next witness! Captain McNeil.//
308
00:28:19,887 --> 00:28:22,759
- You're Captain McNeil?
- Yes, sir.
309
00:28:24,559 --> 00:28:26,992
On the night, you were making
your way down to the beach?
310
00:28:27,088 --> 00:28:29,621
- Yes, sir.
- For what purpose?
311
00:28:29,717 --> 00:28:32,781
To prevent the looting of a ship
and to disperse a riot.
312
00:28:32,879 --> 00:28:36,969
As you were making your way down,
did the accused address you?
313
00:28:37,066 --> 00:28:39,453
Yes, sir.
314
00:28:39,549 --> 00:28:42,618
ls it true he warned you
not to go any further
315
00:28:42,715 --> 00:28:44,562
since he or others would use violence
to prevent you?
316
00:28:44,659 --> 00:28:48,798
- My lord...!
- Rephrase it please, Mr Bull.
317
00:28:48,894 --> 00:28:51,669
What did the defendant say to you?
318
00:28:51,766 --> 00:28:55,561
He said there were a great many people
on the beach and that many were drunk
319
00:28:55,658 --> 00:28:58,628
and it might be dangerous to proceed.
320
00:28:58,725 --> 00:29:01,231
- However, you did proceed.
- It was my duty.
321
00:29:02,328 --> 00:29:04,661
And you were struck
and rendered unconscious?
322
00:29:04,761 --> 00:29:07,487
- l was.
- By the accused?
323
00:29:07,637 --> 00:29:09,427
- That is a leading question.
- l'm aware of that.
324
00:29:10,230 --> 00:29:13,563
Mr Bull, l don't want to
have to reprimand you again.
325
00:29:14,395 --> 00:29:17,440
This is a court of law, sir.
We will conduct it as such.
326
00:29:18,572 --> 00:29:20,384
- Do you know who struck you?
- No, sir.
327
00:29:20,699 --> 00:29:21,816
Thank you.
328
00:29:22,719 --> 00:29:26,365
Captain McNeil, Captain Poldark
is accused of inciting a riot
329
00:29:26,561 --> 00:29:27,909
in which you were wounded.
330
00:29:29,830 --> 00:29:32,102
On oath, can you say that he did?
331
00:29:32,396 --> 00:29:33,592
Certainly not.
332
00:29:34,886 --> 00:29:36,951
And equally on oath,
since you were unconscious at the time,
333
00:29:38,049 --> 00:29:40,207
can you say that he didn't?
334
00:29:41,478 --> 00:29:44,060
- No, sir.
- So it is possible,
335
00:29:44,156 --> 00:29:46,591
and l only say possible, my lord,
336
00:29:46,690 --> 00:29:50,340
that Captain Poldark
rendered you unconscious.
337
00:29:50,438 --> 00:29:52,700
- l did not.
- Or incited others to do so.
338
00:29:52,924 --> 00:29:54,655
Now, Captain McNeil,
339
00:29:56,201 --> 00:29:57,929
as you were unconscious...
340
00:29:59,381 --> 00:30:01,640
are you able to swear
that Captain Poldark
341
00:30:01,896 --> 00:30:03,414
did not lead or assist in the riot?
342
00:30:06,345 --> 00:30:07,938
No, sir, l cannot.
343
00:30:08,285 --> 00:30:10,395
- My lord!
- Allow counsel to continue.
344
00:30:11,897 --> 00:30:15,503
And therefore,
as an obviously honest man,
345
00:30:15,599 --> 00:30:17,765
can you now swear on oath
before this jury
346
00:30:17,862 --> 00:30:19,805
that Captain Poldark
did not incite the riot?
347
00:30:19,979 --> 00:30:21,954
No, sir, l cannot.
348
00:30:24,408 --> 00:30:28,106
Thank you, Captain McNeil,
the court is very grateful.
349
00:30:38,277 --> 00:30:42,124
- l feel sick.
- Do you want to go out?
350
00:30:44,899 --> 00:30:46,821
Mr Clymer, Mr Bull...
351
00:30:49,645 --> 00:30:51,810
we're getting close to the recess.
352
00:30:51,902 --> 00:30:55,283
l'd like to complete this case today.
353
00:30:55,805 --> 00:30:57,439
- l think we can, my lord.
- Mr Bull is obviously an optimist.
354
00:31:01,786 --> 00:31:05,782
This can't be a very pleasant experience,
Master Paynter.
355
00:31:05,982 --> 00:31:06,501
No...
356
00:31:07,529 --> 00:31:10,742
A court of law can be a frightening place,
357
00:31:10,838 --> 00:31:13,783
what with the judge and jury
all looking at you.
358
00:31:13,881 --> 00:31:17,240
- Yes.
- Now, all we're trying to do
359
00:31:17,337 --> 00:31:19,968
is help you through that ordeal.
360
00:31:20,065 --> 00:31:23,106
lf you make a mistake
they could make a fool of you.
361
00:31:23,203 --> 00:31:26,075
And if you make a very stupid mistake,
362
00:31:26,173 --> 00:31:28,289
they could even send you to prison.
363
00:31:28,386 --> 00:31:29,994
Eh?
364
00:31:30,091 --> 00:31:32,402
So let's get it all in good order,
365
00:31:32,499 --> 00:31:36,589
then we can get some fresh air,
if you've a mind.
366
00:31:36,781 --> 00:31:38,880
Now, it was
Captain Poldark roused you...
367
00:31:39,577 --> 00:31:41,623
Yes, sir.
368
00:31:42,720 --> 00:31:46,256
And he told you to rouse the village
because there would be pickings for all.
369
00:31:46,690 --> 00:31:48,298
Yes, sir.
370
00:31:48,683 --> 00:31:50,043
My lord, l would like to place before you
371
00:31:50,742 --> 00:31:52,293
the sworn statements
of seven witnesses
372
00:31:53,279 --> 00:31:55,532
who saw Captain Poldark
Iead the assault on the troops.
373
00:31:55,916 --> 00:31:58,113
l have copies here, Mr Bull.
374
00:31:58,338 --> 00:32:04,211
Edwin Truwant from the parish of Truro
swears he saw Captain Poldark on the beach
375
00:32:04,423 --> 00:32:06,740
at the time when the captain
of the Dragoons was struck.
376
00:32:07,320 --> 00:32:10,020
- Is... What was his name?
- Edwin Truwant.
377
00:32:10,529 --> 00:32:12,036
- Is he present?
- Is Edwin Truwant present?
378
00:32:12,994 --> 00:32:14,765
Pissed in the street, me lord!
379
00:32:16,372 --> 00:32:18,877
l don't know him
and l don't think he knows me.
380
00:32:18,976 --> 00:32:21,605
- Simon Glanville....
- Who?
381
00:32:21,703 --> 00:32:23,733
- Captain Poldark.
- These are statements
382
00:32:23,961 --> 00:32:26,105
from people l don't doubt
have never seen me!
383
00:32:26,633 --> 00:32:28,628
Quieten yourself, sir!
384
00:32:30,041 --> 00:32:31,167
You're doing yourself no advantage.
385
00:32:32,970 --> 00:32:36,863
l will take these statements into account
in my summing up.
386
00:32:37,110 --> 00:32:38,500
- Does that satisfy you?
- Thank you.
387
00:32:38,854 --> 00:32:41,709
- They are lies!
- The jury will decide that!
388
00:32:42,466 --> 00:32:45,150
Allow your counsel his best advice
and let me be the judge!
389
00:32:46,348 --> 00:32:48,418
Gently, gently.
390
00:32:51,200 --> 00:32:52,895
This court will adjourn!
391
00:32:54,302 --> 00:32:55,426
Until 2:30.
392
00:32:55,579 --> 00:32:56,893
All stand!
393
00:33:05,066 --> 00:33:07,404
How's it going?
394
00:33:07,501 --> 00:33:10,421
l think the odds are on our side.
395
00:33:10,517 --> 00:33:13,122
Vigus was dubious
but he stood by his story.
396
00:33:13,218 --> 00:33:15,557
The sworn statements will count
397
00:33:15,653 --> 00:33:18,208
and Poldark doesn't have witnesses
to refute them.
398
00:33:19,305 --> 00:33:22,200
He's also being pig-headed,
which isn't helping.
399
00:33:23,298 --> 00:33:26,145
And Bull? Is he giving
a memorable performance?
400
00:33:26,242 --> 00:33:27,653
He's doing well
but Poldark's counsel's as good.
401
00:33:28,266 --> 00:33:30,061
Then Bull must make sure he's better.
402
00:33:33,611 --> 00:33:36,047
Won't you have something to eat?
403
00:33:36,143 --> 00:33:38,579
l can't. l can't eat.
404
00:33:41,452 --> 00:33:43,980
lt's so lonely for him. All on his own.
405
00:33:44,077 --> 00:33:45,485
And people telling lies!
406
00:33:45,582 --> 00:33:47,969
The trial isn't over yet.
407
00:33:48,065 --> 00:33:50,793
Lies, lies, lies!
408
00:33:50,891 --> 00:33:53,617
Where do they get their lies from?
409
00:33:53,713 --> 00:33:56,097
Will anyone say anything?
He was at the house!
410
00:33:56,194 --> 00:33:59,309
- Somebody will stand by him.
- Who?
411
00:33:59,406 --> 00:34:02,010
He may have witnesses
we know nothing of.
412
00:34:03,617 --> 00:34:06,003
What will l do if they...
413
00:34:06,438 --> 00:34:09,758
Oh, Verity, l don't want
to be without him.
414
00:34:12,864 --> 00:34:15,932
Without him l'm only half alive.
415
00:34:23,542 --> 00:34:27,535
Will you take a glass of claret with me,
Mr Clymer?
416
00:34:29,631 --> 00:34:35,183
You're very kind, sir,
but shall we wait till the case is over,
417
00:34:35,280 --> 00:34:37,640
at which time we shall know who pays?
418
00:34:37,904 --> 00:34:39,598
Every single day!
419
00:34:40,972 --> 00:34:43,582
- This afternoon instead of...
- Oh! There's the doctor.
420
00:34:45,969 --> 00:34:46,969
Ma'am.
421
00:34:48,296 --> 00:34:50,437
And how is the little beast?
422
00:34:50,534 --> 00:34:55,160
He is not a little beast, he's a little dog.
And he is, in fact, much better.
423
00:34:55,416 --> 00:34:57,405
Good. Are you exercising him?
424
00:34:58,137 --> 00:35:00,498
Yes, l walked him
round the park this morning.
425
00:35:01,664 --> 00:35:03,572
Neither of you will regret it, l'm sure.
426
00:35:08,738 --> 00:35:10,936
That dog doctor should be told his place.
427
00:35:11,550 --> 00:35:14,937
He's not a dog doctor,
he's a very good physician.
428
00:35:16,106 --> 00:35:18,079
Then why doesn't he have a practice
in Bath?
429
00:35:18,738 --> 00:35:21,170
Being a good doctor
and being acceptable in society
430
00:35:21,621 --> 00:35:23,351
isn't necessarily the same thing.
431
00:35:24,267 --> 00:35:25,599
He may even be penniless.
432
00:35:31,538 --> 00:35:33,828
Are you feelin' better now?
433
00:35:33,924 --> 00:35:36,019
Yes, sir.
434
00:35:36,114 --> 00:35:38,974
Just have a little sit down, sir.
435
00:35:40,739 --> 00:35:44,275
You sit there while l go behind
a tombstone a minute. Hear me?
436
00:35:46,171 --> 00:35:47,178
Yes, sir.
437
00:35:55,605 --> 00:35:56,967
Jud!
438
00:35:57,870 --> 00:35:59,304
Mistress, what a day.
439
00:35:59,873 --> 00:36:01,031
Yes, what a day.
440
00:36:01,795 --> 00:36:03,982
l've been drunken and foolish again.
441
00:36:05,415 --> 00:36:07,056
Dear knows how it all happened.
442
00:36:07,810 --> 00:36:10,930
Then you must say
you don't know how it happened!
443
00:36:12,178 --> 00:36:13,284
But l don't know how, l swear l don't!
444
00:36:13,970 --> 00:36:15,674
Oh, please, Jud, just tell 'em.
445
00:36:15,838 --> 00:36:17,219
They won't listen.
446
00:36:19,048 --> 00:36:20,026
They tell me.
447
00:36:20,710 --> 00:36:22,001
Oh, please, Jud.
448
00:36:23,357 --> 00:36:24,632
Mistress, what a day.
449
00:36:25,530 --> 00:36:27,355
What a day.
450
00:36:27,665 --> 00:36:30,723
'Scuse me, ma'am, this gentleman
be a witness in a court case
451
00:36:31,159 --> 00:36:33,459
and it ain't allowed
to speak to witnesses.///
452
00:37:20,982 --> 00:37:24,148
- Are you coming for the verdict?
- l can't waste more time.
453
00:37:24,705 --> 00:37:30,061
l've business in Truro gathering dust
for want of a signature.
454
00:37:30,158 --> 00:37:33,227
As you wish.
l'd better see what's happening.
455
00:37:33,324 --> 00:37:34,416
You haven't finished your food!
456
00:37:34,685 --> 00:37:37,586
You finish it. We don't want to show
a loss on that, do we?//
457
00:37:54,972 --> 00:37:57,678
Captain Bray,
l have three questions for you.
458
00:37:57,978 --> 00:38:00,694
ls it true that you met
Captain Poldark on the beach?
459
00:38:00,894 --> 00:38:05,032
Yes, sir. He came to my assistance
when l was attacked by the rioters.
460
00:38:05,128 --> 00:38:09,802
He then took me and my crew
to his house and gave us shelter.
461
00:38:09,899 --> 00:38:14,623
Did you see Captain Poldark
meet the officer of Dragoons
462
00:38:14,721 --> 00:38:18,031
and if so would you tell us
what happened?
463
00:38:18,130 --> 00:38:21,852
l did, sir. He warned the captain
it might be dangerous.
464
00:38:21,949 --> 00:38:24,282
Was it a friendly warning,
intended to avoid bloodshed?
465
00:38:25,378 --> 00:38:29,129
Mr Clymer, that is a leading question.
466
00:38:29,226 --> 00:38:31,852
Let me rephrase my question,
Captain Bray. Did they quarrel?
467
00:38:31,949 --> 00:38:34,287
lt didn't seem so to me, sir.
468
00:38:34,383 --> 00:38:37,402
Thank you, Captain Bray.
469
00:38:37,501 --> 00:38:41,076
Captain Bray, did the accused
accompany you to the house?
470
00:38:41,174 --> 00:38:44,507
- Yes, sir.
- How far is the house from the beach?
471
00:38:44,603 --> 00:38:47,331
About six or seven minutes.
472
00:38:47,429 --> 00:38:49,944
And after you'd arrived,
when did you next see Captain Poldark?
473
00:38:50,589 --> 00:38:52,723
- For myself, l...
- When, Captain Bray, when?
474
00:38:52,915 --> 00:38:54,719
About an hour, sir.
475
00:38:55,918 --> 00:38:59,765
An hour? An hour?!
Well, during that hour
476
00:38:59,862 --> 00:39:02,002
you can't possibly know
where Captain Poldark was.
477
00:39:02,099 --> 00:39:04,677
- No, sir.
- Perhaps the servants knew?
478
00:39:04,774 --> 00:39:07,354
l know he made us comfortable.
479
00:39:07,451 --> 00:39:10,444
His charitable acts
have no bearing on this case.
480
00:39:10,540 --> 00:39:13,366
- Do you know where he was?
- No, sir.
481
00:39:13,463 --> 00:39:16,189
- Back at the beach?
- l don't know.
482
00:39:16,286 --> 00:39:18,673
- But he could have?
- Sir, he...
483
00:39:18,769 --> 00:39:20,850
Answer the question, Captain.
484
00:39:21,447 --> 00:39:23,391
Would you swear
that while he was away from you
485
00:39:24,489 --> 00:39:25,973
he didn't return to the beach?
486
00:39:26,273 --> 00:39:27,887
- No, l can't swear to that.
- Thank you, Captain Bray.
487
00:39:32,196 --> 00:39:33,983
Call Dr Enys.
488
00:39:35,061 --> 00:39:38,080
How do you feel, Master Paynter?
Reckon you be sober now?
489
00:39:38,675 --> 00:39:39,452
As a judge.
490
00:39:42,733 --> 00:39:44,277
But l wish l had the same income.
491
00:39:45,944 --> 00:39:47,967
You are an apothecary,
l believe, Mr Enys?
492
00:39:49,053 --> 00:39:51,435
- No, sir.
- You're not an apothecary?
493
00:39:52,214 --> 00:39:53,436
No, sir, l am a physician.
494
00:39:54,570 --> 00:39:55,779
Oh, a physician.
495
00:39:55,890 --> 00:39:58,328
So there is a difference?
496
00:39:59,385 --> 00:40:02,352
But cannot any man set himself up
as a physician if he so desires?
497
00:40:02,448 --> 00:40:05,029
He can do but he has no right to.
498
00:40:05,125 --> 00:40:07,366
What right have you?
499
00:40:07,461 --> 00:40:11,343
Yes, sir, l am a licentiate of the
London College of Physicians.
500
00:40:12,916 --> 00:40:15,958
A professional man.
501
00:40:16,054 --> 00:40:18,472
Equally with you,
and my title is not ''Mr'' but ''Dr''.
502
00:40:19,192 --> 00:40:21,482
We are getting things clear.
503
00:40:21,578 --> 00:40:24,599
lt seems to be taking you some time.
504
00:40:26,227 --> 00:40:30,220
ln your statement...Doctor,
you say the accused
505
00:40:30,317 --> 00:40:32,893
had been under mental strain
on the night in question
506
00:40:33,368 --> 00:40:35,069
brought on by some personal distress.
507
00:40:35,876 --> 00:40:36,683
Yes, sir.
508
00:40:37,348 --> 00:40:40,074
Did you study mental affliction
509
00:40:40,171 --> 00:40:43,385
in the London College of Physicians?
510
00:40:43,482 --> 00:40:46,183
There is no such tuition, sir,
as you probably know.
511
00:40:46,469 --> 00:40:47,896
One learns it through clinical experience.
512
00:40:49,876 --> 00:40:53,331
- How old are you, Dr Enys?
- 26, sir.
513
00:40:54,564 --> 00:40:57,880
Not many years in which to have gained
such enormous experience
514
00:40:58,326 --> 00:41:00,837
- on the effects of insanity.
- l do not say he was insane,
515
00:41:01,247 --> 00:41:04,571
l say through grief and lack of sleep
he was not himself.
516
00:41:05,602 --> 00:41:07,221
His child had recently died.
517
00:41:07,640 --> 00:41:09,866
A fact you would have us believe
could justify anyone
518
00:41:10,448 --> 00:41:13,304
to create riot, wreckage and loss of life!
519
00:41:13,843 --> 00:41:16,665
l am not suggesting it, sir, you are!
520
00:41:17,686 --> 00:41:19,104
l do not believe he did create a riot.
521
00:41:19,782 --> 00:41:23,830
Might that not be the legal diagnosis
a physician is not qualified to give?
522
00:41:24,548 --> 00:41:28,940
Surely a physician may diagnose
his patient as a lawyer does his client?
523
00:41:32,112 --> 00:41:35,649
Dr Enys, you formed this diagnosis,
524
00:41:36,255 --> 00:41:38,256
you must have some basis for it.
525
00:41:38,478 --> 00:41:40,136
Can you tell the court what it was?
526
00:41:41,002 --> 00:41:43,316
His child died, my lord,
the same night as the wreck.
527
00:41:44,301 --> 00:41:46,211
He was deeply distressed,
his wife was very ill.
528
00:41:47,114 --> 00:41:48,824
He had suffered a loss
he could almost not bear.
529
00:41:50,126 --> 00:41:54,212
He did not know what he was doing
but he was not wrecking.
530
00:41:54,567 --> 00:41:56,892
- That is a personal opinion.
- A moment. Dr Enys?
531
00:41:58,748 --> 00:42:03,019
At the child's funeral,
it greatly upset him that he was not able,
532
00:42:03,813 --> 00:42:06,788
through financial problems,
to offer hospitality to the mourners.
533
00:42:07,363 --> 00:42:09,842
- It is the custom...
- Was the funeral...
534
00:42:09,926 --> 00:42:13,460
- before or after the wreck?
- After.
535
00:42:14,029 --> 00:42:17,219
Then what bearing
can it have on this case?
536
00:42:17,535 --> 00:42:22,073
This man is here as a witness to the
defendant's character, not to events.
537
00:42:22,331 --> 00:42:25,008
Continue, Dr Enys.
538
00:42:26,565 --> 00:42:32,019
lt is the custom in Cornwall
to offer hospitality to the mourners.
539
00:42:32,117 --> 00:42:33,779
lt greatly upset him
that he was not able to do so.
540
00:42:34,628 --> 00:42:36,106
Why do you mention this, Dr Enys?
541
00:42:37,071 --> 00:42:38,910
As an illustration of the man's character.
542
00:42:39,500 --> 00:42:41,557
He is an honest man
and feels things deeply.
543
00:42:42,249 --> 00:42:44,943
He is not a man
to create riot and wrecking.
544
00:42:45,602 --> 00:42:47,276
Thank you, Dr Enys.
545
00:42:50,024 --> 00:42:52,409
We'll have the next witness.
546
00:42:54,307 --> 00:42:56,548
Jud Paynter.
547
00:42:58,392 --> 00:43:00,089
Were you on the beach
on the night of the wreck?
548
00:43:01,143 --> 00:43:03,120
- Yes, sir.
- Doing what?
549
00:43:04,221 --> 00:43:07,139
Helpin' to save lives, sir.
Innocent seafarers.
550
00:43:07,200 --> 00:43:09,142
Did you see Captain Poldark?
551
00:43:10,776 --> 00:43:11,956
l did see him at one time.
552
00:43:13,112 --> 00:43:14,347
You were too drunk to see anything.
553
00:43:15,439 --> 00:43:17,312
- Captain...
- What was he doing?
554
00:43:18,533 --> 00:43:20,289
There were a deal of people
on the beach.
555
00:43:22,513 --> 00:43:24,862
Yes, but it has been said
he boarded the vessel carrying a line.
556
00:43:26,328 --> 00:43:29,183
He'd have been a fool
to go without a line, sir.
557
00:43:32,513 --> 00:43:34,731
Could the line have been used
to remove the cargo?
558
00:43:35,971 --> 00:43:38,467
You can use a line
for anything on a ship.
559
00:43:39,552 --> 00:43:40,681
Could it have?
560
00:43:41,846 --> 00:43:43,106
lt could, yes, sir.
561
00:43:45,036 --> 00:43:46,069
And was it?
562
00:43:47,487 --> 00:43:50,254
l wasn't on that part of the beach,
sir, at the time,
563
00:43:51,002 --> 00:43:53,711
l was helpin' the crew ashore.
Savin' lives.
564
00:43:59,289 --> 00:44:01,768
lt was Captain Poldark
who came to your house that night?
565
00:44:03,408 --> 00:44:04,665
What did he say?
566
00:44:05,168 --> 00:44:07,671
He said for me to get out
and rouse the men of the village.
567
00:44:13,085 --> 00:44:14,726
What else did he say?
568
00:44:16,359 --> 00:44:18,672
There might be
women and children aboard
569
00:44:19,391 --> 00:44:21,999
and we must get the men
and save them from the sea.
570
00:44:26,117 --> 00:44:28,371
That is not your sworn statement,
Mr Paynter.
571
00:44:29,661 --> 00:44:30,332
Eh?
572
00:44:31,430 --> 00:44:33,733
l said, that is not your sworn statement.
573
00:44:34,673 --> 00:44:37,127
l be not too good on statesmen, sir.
574
00:44:38,605 --> 00:44:40,311
l... l be a bit hard of hearing
575
00:44:40,767 --> 00:44:42,659
and l may've mistook
what was being asked of me.
576
00:44:43,700 --> 00:44:44,988
Apart from that, l can't write.
577
00:44:46,604 --> 00:44:48,099
Mr Paynter...
578
00:44:49,777 --> 00:44:51,588
there has been reference
to Captain Poldark saying
579
00:44:52,148 --> 00:44:54,643
when he banged on your door
there would be pickings for all.
580
00:44:57,164 --> 00:44:59,138
lf your hearing
has improved, Mr Paynter,
581
00:44:59,852 --> 00:45:05,526
you will understand that this means
his intent was to despoil the ship.
582
00:45:06,964 --> 00:45:08,882
Did he or did he not say it?
583
00:45:12,666 --> 00:45:13,648
No, sir, l said it.
584
00:45:18,523 --> 00:45:20,139
What will you take
on an acquittal, George?
585
00:45:21,506 --> 00:45:23,122
- The witness's statement...
- Yes, l have read it.
586
00:45:24,703 --> 00:45:27,974
lt must be obvious that either perjury
has been committed
587
00:45:28,452 --> 00:45:29,943
or that corruption has taken place!
588
00:45:30,675 --> 00:45:32,202
It'll be looked into!
589
00:45:34,592 --> 00:45:38,441
ln the meantime,
the jury cannot form an opinion
590
00:45:38,641 --> 00:45:40,038
on the present witness's testimony.
591
00:45:40,347 --> 00:45:42,154
- l therefore instruct...
- It be the truth!
592
00:45:42,830 --> 00:45:48,497
Have that woman...!
l pray you, be quiet, ma'am.
593
00:45:49,266 --> 00:45:51,726
l therefore instruct the jury
594
00:45:52,627 --> 00:45:57,049
to disregard the evidence of the last
witness and that it be struck out.
595
00:46:01,271 --> 00:46:02,639
The witness may leave the dock.
596
00:46:07,113 --> 00:46:10,370
The last witness having been called...
597
00:46:10,465 --> 00:46:14,460
culprit, do you wish
to address the court?
598
00:46:16,017 --> 00:46:18,403
No, my lord.
599
00:46:20,155 --> 00:46:22,641
Say something, for God's sake.
600
00:46:22,736 --> 00:46:26,780
At least ask for clemency -
and do it courteously.
601
00:46:28,190 --> 00:46:31,887
My lord, my counsel has advised me
to say something on my own behalf.
602
00:46:31,985 --> 00:46:37,146
lt must be a great relief
that you're taking notice of him at last.
603
00:46:37,243 --> 00:46:40,456
l won't ask for clemency - l need none.
604
00:46:40,554 --> 00:46:43,913
We all need clemency -
from God, Captain.
605
00:46:44,009 --> 00:46:47,296
But you are not God, sir.
And neither is this court.
606
00:46:47,392 --> 00:46:49,775
- Captain Poldark...
- l admitted that l did rouse the village
607
00:46:49,872 --> 00:46:51,816
and that when l boarded the ship
l carried a line.
608
00:46:51,912 --> 00:46:55,468
We rescued the crew
and looked after them.
609
00:46:55,564 --> 00:46:58,434
lt may be that the learned counsel,
and yourself, my lord,
610
00:46:58,530 --> 00:47:03,072
do not know what happens here
when a wreck is blown ashore.
611
00:47:03,867 --> 00:47:07,411
People come from far and wide.
Some to help, some to watch.
612
00:47:08,732 --> 00:47:10,820
Two widows in my parish
would not be widows
613
00:47:11,491 --> 00:47:14,676
if their husbands had not tried
to rescue shipwrecked sailors.
614
00:47:16,564 --> 00:47:18,500
l don't know what happened
after l left the beach
615
00:47:19,724 --> 00:47:23,019
but if they took cargo
and used it to feed their children,
616
00:47:23,524 --> 00:47:26,748
better they should have it than let it rot.
617
00:47:30,052 --> 00:47:32,064
l would not insult your intelligence
618
00:47:32,951 --> 00:47:37,151
by asking for clemency
in the face of lies told by witnesses
619
00:47:38,255 --> 00:47:40,960
who've been privately purchased
to voice these slanders.
620
00:47:41,504 --> 00:47:44,074
You mustn't make such statements
in a court of the king.
621
00:47:45,392 --> 00:47:46,848
l have just made it, my lord.
622
00:47:47,728 --> 00:47:49,327
l plead not guilty to everything else.
623
00:47:52,175 --> 00:47:54,031
Silence in court!
624
00:47:57,951 --> 00:48:02,056
Gentlemen of the jury,
this is a very difficult case.
625
00:48:03,608 --> 00:48:05,928
The prisoner stands before you
on three charges -
626
00:48:06,799 --> 00:48:07,951
of causing riot, of wrecking
627
00:48:08,871 --> 00:48:11,167
and of leading an assault
on officers of the crown.
628
00:48:12,879 --> 00:48:15,720
You may find him guilty
on all charges or on any one.
629
00:48:17,376 --> 00:48:21,168
He pleads mitigating circumstances
with regard to the removal of the cargo
630
00:48:22,136 --> 00:48:23,728
with which you may feel sympathy.
631
00:48:24,263 --> 00:48:27,904
However even if he wasn't there,
and we have no proof he wasn't,
632
00:48:28,991 --> 00:48:31,503
by his statement he has admitted
an element of guilt -
633
00:48:31,999 --> 00:48:34,976
to condone a felony
is to be equally guilty of it!
634
00:48:37,960 --> 00:48:39,792
Now, gentlemen...
635
00:48:41,192 --> 00:48:43,663
let me take you through the evidence.
636
00:48:46,816 --> 00:48:48,152
- How long do you think they'll take?
- l don't know.
637
00:48:48,999 --> 00:48:51,984
- l've never been in a court.
- Nor l. Never thought l would.
638
00:48:53,640 --> 00:48:54,928
Oh, why didn't he just...
639
00:48:55,992 --> 00:48:59,351
He turned them all against himself.
Why didn't he just say things quietly?
640
00:49:02,640 --> 00:49:06,120
lf the judge is an honest man,
he may understand.
641
00:49:06,935 --> 00:49:08,664
l'm sure he will.
642
00:49:11,752 --> 00:49:15,320
''Annie Taylor, died aged 90.''
643
00:49:21,016 --> 00:49:22,920
Perhaps she'll lend me a flower for luck.
644
00:49:34,615 --> 00:49:36,175
The jury are coming in.
645
00:49:36,815 --> 00:49:38,655
Now, do you want to come back?
646
00:49:39,263 --> 00:49:41,057
l can't not be with him now, can l?
647
00:50:06,122 --> 00:50:08,142
The bet's off, George.
They can't look at him.
648
00:50:10,590 --> 00:50:12,877
lt's evens on hanging.
Ten to one on transportation.
649
00:50:13,837 --> 00:50:15,361
l'll take it.
650
00:50:16,806 --> 00:50:18,198
Members of the jury,
651
00:50:20,129 --> 00:50:21,901
have you reached a verdict?
652
00:50:23,533 --> 00:50:25,478
We have, my lord.
52546
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