The Snow Tiger / Night of Error Page 29

  The silence broke and a wave of sound washed around Charlie. Harrison hammered with his gavel furiously. With difficulty he achieved order and said icily, ‘Any more disturbance and I will adjourn this session.’ He looked at Charlie with cold eyes. ‘You will sit down, Mr Peterson.’

  Charlie’s right hand stabbed out, pointing at Harrison and McGill’s eyes narrowed as he observed the strip of sticking-plaster which decorated his knuckles. ‘Aren’t you going to hear me?’ Charlie yelled. ‘You were ready enough to hear Ballard when his reputation was at stake.’

  Harrison turned to Lyall. ‘You must control your client, Mr Lyall. Either he sits down or he leaves – by force, if necessary.’

  Lyall called out, ‘Sit down, Charlie. You’re paying me to handle this.’

  ‘And you’re not doing too well,’ grumbled Charlie. But he sat down and Eric whispered to him furiously.

  Lyall said, ‘I must formally protest against the admission of this unsubstantiated letter as evidence. It attacks my client’s reputation seriously and, in my opinion, unjustifiably. Mr Miller is not available for my cross-examination and I must protest. Further, I give formal warning that a motion of appeal will be entered immediately.’

  Harrison said calmly, ‘As I remarked to Mr Rickman earlier in these proceedings, you will find the necessary procedure set out in the Act of Parliament which governs the holding of Commissions of Inquiry. Dr McGill, you mentioned that you have other evidence. Is this evidence in support of Mr Miller’s allegations?’

  ‘Yes, sir.’

  ‘Then we will hear it.’

  ‘Objection!’

  ‘Overruled, Mr Lyall.’

  ‘It is photographic evidence, Mr Chairman,’ said McGill. ‘I have taken the liberty of having the equipment made available. I would like to operate it myself.’

  Harrison nodded abruptly. ‘See to it, Mr Reed.’

  In the few minutes it took for the apparatus to be set up, noise again swelled in the hall. Dalwood said to Edwards, ‘You knew what was coming, you old fox.’ He was still scribbling furiously.

  Edwards offered him a self-satisfied grin. ‘My boss will be remaking the front page right now. We’ve got a photocopy of Miller’s letter.’

  ‘How the hell did you get that?’

  ‘McGill wanted something from us.’ He nodded down at the hall. ‘You’ll see.’

  Harrison called for silence and the hall quietened quickly. ‘Proceed, Dr McGill.’

  McGill stood next to a cine projector. ‘I have here the original film taken of the avalanche by Flying Officer Hatry. The film he submitted to the Commission was a copy; the original is a better print. I don’t think that Flying Officer Hatry should be censured for this, either by this Commission or by his superiors in the Air Force. For a keen photographer to part with an original would be a highly unnatural act.’

  He switched on the projector. ‘I will show only that portion of the film which is relevant.’

  An unsteady picture appeared on the screen, the whiteness of snow and a few scattered rocks with blue sky beyond. A plume, as of smoke, arose and McGill switched off the projector to freeze the action. He stepped forward with a pointer in his hand.

  ‘As you can see, the avalanche started here, just by these rocks. It was daytime and the sun was shining in a clear sky. Under those conditions rock and snow take up heat in a different way; the rock warms more quickly, and this difference may set up stresses in the snow just enough to upset an already critical balance of forces. That was my assumption when I first saw this film.’

  He switched off the cine projector. ‘I have here a greatly enlarged portion of that scene which I am going to put in this special projector. It is called a comparator.’ He switched it on. ‘The degree of enlargement is such that the image is very grainy, but it will suffice for our purposes.’

  Again McGill went to the screen with the pointer. ‘Here are the rocks and there is the plume of snow powder which is the start of the avalanche. This photograph is from a frame of the film which we will call frame one. The next slide you will see is a similar shot but taken thirty-six frames later. That is, there is a two-second difference between the taking of the two photographs.’ He went back to the comparator and inserted the second slide.

  ‘There is not much difference, as you can see. The plume of snow powder is marginally greater.’ He paused. ‘But if we alternate the slides rapidly, as this machine is designed to do, you will see something curious.’

  The image on the screen began to flicker rapidly and the snow plume oscillated. McGill used his pointer. Two of what I thought to be rocks – those two specks there – are obviously moving. This one at the top does not move very much in the two-second interval, but the one beneath moves a fair distance upwards. I submit that the speck at the top is Mr Miller, and the one beneath is Peterson climbing up to him after the avalanche was triggered.’

  The increased sound in the hall was almost like the growl of a wild beast, and Harrison’s gavel slammed down. ‘I must protest again,’ said Lyall. ‘Two grainy images on a film which cannot even be seen to be men! What sort of evidence is this? They could very well be flaws in the film.’

  ‘I have not yet finished,’ said McGill quietly.

  ‘Neither have I,’ retorted Lyall. ‘I would like to talk to you in private, Mr Chairman.’

  Harrison listened to the roil of noise in the hall. ‘I think if you keep your voice down you’ll be private enough here.’

  ‘I must object,’ said Lyall intensely. ‘Dr McGill has been giving evidence about something he could not possibly know – evidence that reflects upon my client. He has stated flatly in this room that one of those specks on the film is Charlie Peterson. Further, he has also stated that the lower of those specks is Mr Peterson and that he started the avalanche. Can he prove this?’

  ‘Well, Dr McGill?’ said Harrison.

  McGill was silent for a moment. ‘No,’ he admitted.

  ‘Assuming, for the sake of theoretical argument, that those specks are men,’ said Lyall. ‘They could be anyone, and nothing to do with my client.’

  ‘Now wait a minute,’ said McGill. ‘Charlie just said that Miller started the avalanche. If he knows that, then it means he was there. And we have Miller’s sworn evidence.’

  ‘I’m quite capable of drawing my own conclusions,’ said Harrison. ‘I suggest you confine your evidence to that which you know, Dr McGill.’

  Lyall said, ‘As I see it, it’s Miller’s word against that of my client. And Miller isn’t here to cross-examine.’

  ‘What would he gain by accusing Charlie!’ asked McGill. ‘He’d have done better for himself by keeping his mouth shut. As it is, he’s out ten thousand dollars.’

  ‘That’s enough,’ said Harrison sharply. ‘As I said before, you’re not here to argue a lawyer’s case, Dr McGill. Now you say you have more evidence?’

  ‘Yes, sir.’

  ‘Photographic?’

  ‘That and my own testimony.’

  ‘Then I suggest we proceed.’ Harrison again hammered with his gavel until he succeeded in achieving silence. He waited until the silence was absolute, then said quietly, ‘Dr McGill, you may continue.’

  McGill returned to the projector. ‘After the avalanche I went up on the west slope to see if there was further hazard. As it turned out, the hazard was minimal in the immediate future. Charlie Peterson volunteered to accompany me. We made an examination of the slope and Mr Peterson was very cool and showed no sign of nerves. It was only after I had indicated my intention to examine the site where the avalanche had begun that he showed signs of nervousness. At the time I put this down to a natural fear of being in a potentially hazardous situation.

  ‘As we went up the mountain his nervousness increased rapidly and he suggested we go down. We were not far from the site which I wished to examine so I ignored his suggestion. In the event we never reached the site. There was the air accident in the valley and we went down the slope immed
iately.’

  ‘Interesting,’ said Harrison. ‘But I don’t see the point.’

  ‘This is the point,’ said McGill. ‘While we were on the slope an aircraft flew over us at very low altitude and I saw someone taking photographs. I discovered afterwards that the plane had been chartered by a newspaper here in Christchurch. I went to the newspaper office last night and went through all the photographs that had been taken. Here are some of them.’

  The projector clicked and flashed again, and a black-and-white photograph appeared on the screen. McGill said, ‘In the bottom right-hand corner you can see Peterson and me. In the top left corner you see exposed rocks. By the rocks there are ski tracks here – and here. I think that Peterson didn’t want me to see those tracks; that’s why he was nervous.’

  ‘An unwarranted suggestion,’ snapped Lyall.

  McGill ignored him, and put another picture on the screen. ‘Here is an enlargement of the breakaway point of the avalanche. There is a ski track going into it, and this ragged line, and another here, is where a man jumped up the slope. It had been snowing heavily that night, and all these tracks could only have been made on the morning of the avalanche.’

  He switched off the projector. ‘I further state on oath that the first time I saw Miller and Peterson on that Sunday they were both on skis.’

  The dark room exploded. ‘Lights!’ shouted Harrison. ‘Turn on the lights!’

  An electrolier sparked into brilliance, and then sunlight flooded the room as an usher pulled aside a curtain. Charlie was on his feet. ‘Damn you!’ he yelled, pointing at McGill.

  ‘Shut up, Charlie!’ called Lyall sharply, but he was too late.

  ‘Damn you all!’ cried Charlie. ‘It was Ballard who killed my brother – everyone knows that. Nobody would have died if they’d gone into the mine as Eric wanted. And Alec wouldn’t have drowned if it hadn’t been for Ballard. He’s a bloody murderer, I tell you!’ Froth flecked his lips. ‘He started the avalanche – him and Miller between them.’

  Lyall sagged and McGill heard him say, ‘He’s crazy!’

  Charlie’s throat worked convulsively. ‘Ballard didn’t like Huka or anyone in it.’ He threw his arms wide. ‘He wanted to destroy it – and he did. Most of all, he didn’t like us Petersons. He killed two of us – and he made a whore out of my sister.’ His arm swung around and pointed to Liz.

  Harrison’s gavel cracked sharply, and he said, ‘Dr Cross, is there anything you can do?’

  Eric grabbed Charlie’s arm, but Charlie tossed him aside effortlessly. ‘And McGill was in on the whole thing and I’m going to kill the bastard!’ He plunged across the hall towards McGill but before he could reach him Eric had recovered and was on his back.

  ‘Let me go,’ he screamed. ‘Let me get at him!’ Again he broke Eric’s grip and started again for McGill, but this time several men had moved in to subdue him. There was a brief flurry and then Charlie broke loose and ran sideways and made for the door. It opened before he got there and he ran into the arms of two policemen. They both put an armlock on him and he was marched out of sight.

  Harrison thumped his gavel in vain. Into the uproar he said quietly, ‘This hearing is adjourned.’

  THIRTY-THREE

  Half an hour later McGill, still in the hall, was beseiged by reporters. ‘No comment,’ he kept repeating. ‘I said all I had to say when I gave my evidence. There’s nothing more.’

  He broke free, went into the first room he saw and slammed the door behind him. He turned and saw Harrison and Stenning. ‘Sorry, but do you mind if I take refuge for a few minutes. Those reporters are driving me crazy.’

  ‘Not at all,’ said Harrison. ‘You’ve caused quite a stir, Dr McGill.’

  McGill grimaced. ‘Not as much as Charlie. How is he?’

  ‘Dr Cross put him under sedation.’ He paused. ‘I think there’s a case for a court order for psychiatric treatment.’ Harrison recollected his manners. ‘Oh, this is Mr Stenning, a visitor from England. He’s here to see how we conduct our administrative justice. I’ve been telling him that not all our Inquiries are so rowdy. I don’t think he believes me.’

  ‘I’m acquainted with Mr Stenning,’ said McGill. ‘We stay at the same hotel.’

  Harrison picked up his briefcase. ‘I think it will be safe to leave by the back way, gentlemen.’

  Stenning said, ‘Could I have a word with you, Dr McGill?’

  ‘Of course.’

  ‘Feel free to use this office,’ said Harrison. ‘Will you attend the Inquiry tomorrow, Mr Stenning?’

  ‘I think not. I have urgent business in England. I assure you it has been most interesting.’

  ‘Well, then, we’ll say goodbye now.’ They shook hands.

  When Stenning and McGill were alone Stenning remarked, ‘Harrison was wrong – that letter was not admissible because Miller was not there to be cross-examined. I think the Inquiry will be adjourned while Harrison takes legal advice. It shows the inadvisability of setting a layman to do a lawyer’s job.’

  McGill shrugged. ‘Does it matter now? We’ve seen that Charlie is as crazy as a loon.’

  Stenning regarded him speculatively. ‘You said in your evidence that Ian had agreed that the letter should be produced.’

  ‘That’s right.’

  ‘Strange. At the end of our last conversation Ian told me to go to hell. He also consigned the Ballard Trust to the same destination. He must have changed his mind. It would be interesting to know exactly when he changed it.’

  ‘I think he changed it when Charlie Peterson started beating the hell out of him.’

  ‘You think it was Peterson?’

  ‘For God’s sake! Don’t you? You’ve just seen Charlie in action. He tossed Eric around as though he was a rag doll, and Eric’s no midget. And I got a good look at his hands this afternoon. His knuckles were pretty raw.’

  ‘Is that the only reason you think it was Peterson? I have to be sure, Dr McGill.’

  ‘Of course not,’ said McGill, lying bravely with a frank open face. ‘Ian told me himself when I found him in the car park. He said, and I remember his exact words, “It was Charlie, use the letter and smash him.” Then he passed out.’

  ‘I see.’ Stenning smiled, and said obliquely, ‘I think Ian is lucky to have you for a friend.’

  ‘I’d do the same for anyone who was getting the raw end of a deal, Mr Stenning. He was getting it from both sides, you know. Your hands are not entirely clean in this matter.’

  Abruptly he turned his back on Stenning and left the room. He crossed the Provincial Chamber, now deserted, and went into the vestibule where he ran straight into Liz Peterson. She lifted her hand and slapped his face with all the force she could muster, which was considerable.

  His head rocked sideways and he grabbed her wrist. ‘Steady, Liz.’

  ‘How could you?’ she said passionately. ‘How could you do that to Charlie?’

  ‘Someone had to stop him.’

  ‘But not like that. You needn’t have crucified him in public.’

  ‘How would you suggest? He was mad, Liz; he was going insane. Even Eric thought so. Eric told him outright he was losing his mind. He was eaten up by guilt and he wanted to pour it all out on lan.’

  ‘Ian!’ Liz said contemptuously. ‘That man wanted to marry me. I never want to see him again. He could have suppressed that letter.’

  ‘He wanted to,’ said McGill. ‘But I talked him out of it. It would have been a fool thing to do. He was supposed to see you last night. Did he?’

  She shook her head. ‘Charlie played one of his tricks. He got me into his car on some excuse and then drove me out of town going like a maniac.’ She stopped as she realized what she had just said and then swallowed. ‘Anyway, he dumped me on a country road and just drove away. It was nearly midnight when I got back into town. I phoned Ian but he wasn’t in. I thought I’d see him this morning but he had the accident.’

  ‘Did Charlie know you were going to see Ian?’
>
  ‘Not unless Eric told him.’

  ‘So you told Eric, and Eric mentioned it to Charlie. That was a fool thing to do.’ He took her arm. ‘You need talking to, my girl, and you’d better have a drink while you listen.’

  Five minutes later at a discreet table in a hotel lounge McGill said, ‘It’s a bit of a convoluted story. When Miller’s letter came, Ian read it and asked me just one question. He wanted to know if the avalanche would have happened anyway, regardless of what Charlie had done. I had to say that it would have come down. It was only a matter of time, Liz.’

  He picked up his drink and stared at it. ‘Once Ian heard that he wanted me to suppress the letter. I talked him out of that, but then he said he wanted to clear things with you.’

  ‘And I didn’t turn up,’ Liz said dully.

  ‘The next time I saw him he was a hospital case, and I was lying like a flat fish to a man called Stenning – you’ve met him.’

  ‘What’s he got to do with it?’

  McGill told her about old Ben Ballard, the Ballard Trust and the task that had been laid upon Stenning. It took quite a while. He wound up by saying, ‘Even when Ian knew about Miller’s letter he told Stenning to go to hell. Stenning just told me that.’

  ‘He was prepared to give all that up?’ said Liz slowly.

  ‘Not because he didn’t want to hurt Charlie, but because he didn’t want to hurt you. Don’t blame Ian for anything. Anyway, it doesn’t matter any more. Stenning has evidence that Ian did walk over the Petersons in the end. He might suspect a fiddle but he can’t prove it, and because he’s a lawyer he’ll accept it.’ McGill smiled. ‘From something he said just now I rather think he likes it this way.’

  ‘Aren’t you cheating Stenning?’ asked Liz with a half smile.

  ‘Not really. I think old Ben was wrong. He said a man must have steel in him to run the Ballard Group but I think there are enough men of steel around – too many, perhaps. They’re going out of fashion. What the Group needs now is a man-manager, an administrator, a diplomat – and Ian is all of those. And if he needs any steel he’ll have it if he has a Peterson next to him.’