Part 17 (2/2)

'I've said something very similar to other people in the confessional. I'll never say it again.'

'I can't forgive sins, you know that.'

'I give you the same a.s.surance as I did last time. What I am doing is in the interests of justice.'

'All right, go on.

'A man came to see me. He told me Brionne died after the war. In a peculiar way everything he said struck me as true - and it still does, even though I am sure now it was false. Intuition tells me he's related to Victor Brionne.' He'd given the signposts he had remembered: Robert B, the Tablet subscription and the rest. She'd written them down in a notebook, saying, 'Father, you really don't have to make a deal with me. I'd do this even if you refused to go and see the Fougeres family'

Anselm had reddened under the reprimand, all the more so because he sensed DI Armstrong no longer saw him in quite the same light. The monk wasn't that different after all.

Roddy was languidly smoking a cigarette while studying a wall of closed files as if they were strange objects uncovered by the Natural History Museum. He was dutifully engaged in that old internal debate, the outcome of which was already decided: to read or not to read?

'VAT fraud,' he said by way of explanation. 'I find the facts tend to get in the way of a good defence. Good to see you.

He turned away, chortling, and reached for Anselm's hand. After covering gossip about the latest string of inexplicable judicial appointments, Roddy moved on to the Schwermann trial.

The judge was a safe pair of hands: Mr Justice Pollbrook, known as Shere-Khan because of his patrician vowels and his tendency to strangle weak arguments while scratching his nose. Leading Counsel for the Crown was Oliver Penshaw 'Terribly mice chap, rather solemn, engaging bedside manner - which is probably why he's got the brief- but he's far too decent. Has a tendency to let the witness go, just when he should finish 'em off.' Roddy turned to Anselm, adding, '.That's why they've given him Victoria Matthews as a Junior.'

'What's she like?'

'Young, charming and, to the unsuspecting witness, apparently harmless. But that just hides the knife. They're a good team. Balanced. If Oliver has any sense he'll keep her wrapped up for any witness who might wreck his case.'

'What about the Defence?'

'Henry Bartlett, without a Junior. A small man with vast talent. He'll choose two or three cracking points and admit everything else. Short cross-examinations. By the time the jury retire there's a good chance they'll only remember what Henry chose to demolish.' Roddy drew deeply on his cigarette. 'It'll be an interesting match. Have you got a ticket?'

'No,' said Anselm from afar. The hunt, the chase, going in for the kill, the runners and riders, hitting the crossbar, caught behind, nose-enders. It all sounded rather distasteful now: the understandable levity of soldiers on the front line.

Roddy looked at his VAT files as one nudged by a conscience often ignored by more astute experience. 'I do hope your life of abstinence can be suspended for two hours. We haven't had lunch in years.'

'It can, Roddy But keep it simple. I've a train to catch.'

'What on earth are you expecting, old son?' said the Head of Chambers, his reputation for moderation sorely offended.

2.

A section of the court had been set aside for survivors and their relatives. Old and young were side by side. Lucy could not look upon them for long. Here, in this place, at this time, they had a majesty at once subdued and harrowing. She wondered if there was anyone else like her who could not take their proper place because of the tangled weave of history.

With that thought she found a seat beside a small man in his mid-fifties. He wore an old cardigan with the stem of a pipe poking out of a side pocket and heavy, thick-set gla.s.ses. He gave a nod of greeting as she sat down. Further along she noticed Max Nightingale. She had not seen him since Pascal's death, although he had left his number with the police should she want to speak to him. She didn't. She felt she should, but could not do it. And she was too weary of spirit to work out whether or not it was fair. Who cared what was fair after what had happened? Fairness was a word for children, to ensure everyone got a turn. Life, she had learned, was no playground.

The Defendant chose not to be present while the submissions on Abuse of Process were advanced on his behalf. The court was not occupied for long. Mr Justice Pollbrook slashed his way through antic.i.p.ated arguments and contrived courtesies with languorous ease.

'Let's get on, shall we?' he said lazily, surveying the field of slain propositions.

The jury were empanelled. The Defendant was summoned. Doors opened and banged. He emerged flanked by guards, as if he had been drawn up from a hole in the ground. His appearance astonished Lucy: she had expected to glimpse the shape of evil but this man was no different from any other pensioner she had seen. A dark grey suit and a slight stoop produced an effect of respectful vulnerability. He stood, thumbing the hem of his jacket, while the indictment was read out.

The Defendant faced various counts of murder between 1942 and 1943. After each charge was put to him he entered a plea, his eyes fixed above the judge to the Crown Court emblem with its dictum: 'Dieu et mon Droit.'

'Not guilty.' The lingering guttural intonation had not quite been spent.

'Louder, please.'

'Not guilty.'

'Thank you, Mr Schwermann. You may sit down,' said the judge in scarlet and black, seated higher than all others among worn leather and panels of oak. From the Bar below, paper rustled and bewigged heads turned and leaned, whispering among themselves. Outstretched arms pa.s.sed folded notes back and forth. The judge opened a notebook and lifted his pen.

Amid a silence the like of which Lucy had never heard before, Mr Penshaw rose to his feet.

'Ladies and gentlemen, my name is Penshaw I prosecute in this case, a.s.sisted by the lady behind me, Miss Matthews. The gentleman on my left, nearest to you, is Mr Bartlett. He represents the Defendant. My first task is to give you a summary of the case against the accused.' Mr Penshaw rested his arms upon a small stand in front of him, referring now and then to a sheaf of notes. 'You are about to try an ordinary man charged with an extraordinary crime. The state calls upon you for one purpose: to decide his innocence or guilt. The Crown says he devoted the best years of his early manhood to the systematic deportation of Jews from Paris to Auschwitz. A three-day journey to the East in cattle wagons, where they were ga.s.sed upon arrival or worked to death. You will listen to the voices of those who survived, They will tell you of the terrible things they saw, from which you will instinctively wish to turn away But you must not. You will have to listen and look dispa.s.sionately upon the actions of this man, whose crimes occupy one of the darkest chapters of history. And I'm afraid I must tell you now it is with the ma.s.sacre of innocent children that you will be most concerned.'

Lucy was lost to her surroundings. No one seemed to breathe or move. There was just the calm evocation of a time long past, strangely alive to her as though it were part of her own memory.

'SS-Unterscharfuhrer Eduard Schwermann was posted to Paris in July 1940, a month after the city fell into German hands and the Occupation began. He was twenty-three years of age and a volunteer. For one of low rank, he was astonis.h.i.+ngly close to the highest echelons of his masters. Based in the Jewish Affairs Service of the Gestapo, he was an aide to its chief, the personal representative of Adolf Eichmann. The latter was Head of the Jewish Affairs office at Gestapo headquarters in Berlin, eventually captured, tried and executed by the State of Israel in 1962. By the end of the war, this small department had presided over the deportation of seventy-five thousand, seven hundred Jews from France, most of them to Auschwitz.'

For economy the Crown had restricted the evidence against Schwermann to operations in Paris during 1942. The case would focus on his partic.i.p.ation in the notorious 'Vel d'Hiv' round-up (code-named 'Vent Printanier', or 'Spring Wind'), and the destruction of a smuggling ring whose purpose had been to save some of the children likely to be arrested.

Mr Penshaw went on to explain that at 4 a.m. on 16th July 1942, 888 arrest squads broke into Jewish homes throughout the city. For two days, amid screams and shouts, young and old were hauled through the streets to collection points. Coaches, once used for public transport, took them away - either to the Velodrome d'Hiver, or to Drancy, an unfinished housing complex on the edge of the city. Time and again these squads returned to the old Jewish quarter, whose history stretched back to the Middle Ages and whose winding streets had been a refuge since the Revolution. News of the round-up spread like fire. Panic set in. Over a hundred people committed suicide. Paris watched, dumbstruck. No one could have foreseen this aspect of Occupation - 12,884 people vanished, including 4051 children.

In due course, as the Defence formally admitted, families taken in the Vel d'Hiv round-up were first sent to other internment centres in the Loiret, either Pithiviers or Beaune-la- Rolande (known as the 'Loiret Camps'), or Compiegne. There, the children were separated from their families before being transferred to Drancy The parents were deported to Auschwitz. The children, all under sixteen, later made the same journey and suffered the same fate. It was thought 300 or so may have survived.

In the months prior to 'Spring Wind', rumours of a ma.s.sive round-up spread throughout Paris. A group of young French students, all roughly Schwermann's age, decided to act. Led by Jacques Fougeres, a smuggling ring known as The Round Table was formed, linked to Jewish and other Resistance groups in the city. The aim was to collect Jewish children from various 'drop off' points in Paris and hide them in monasteries outside the city. From there they would be taken to Switzerland. It was am heroic and tragic effort. Heroic because they could never have protected the thousands at risk; tragic because they were all captured in the days before the round-up began.

So what bearing did these events have upon the young German officer now brought before the court in the autumn of his life? He was a member of the team that planned 'Spring Wind'; he stalked the rue des Rosiers and the rue des Blancs- Manteaux, overseeing wave after wave of arrests; he supervised the final departure of children from Drancy to Auschwitz. And as for The Round Table, he managed to infiltrate its ranks and secured the arrest of each member, before they could save any more children from the coming storm. The students were later transported to Mauthausen concentration camp where they met their deaths. The Jury would see the personal commendation Schwermann received from Eichmann, congratulating him on this 'achievement'.

Mr Penshaw emphasised the importance of viewing these events in the harsh light of the times. Hundreds of thousands of Jews had fled Germany during the 1930s, driven out by violence and the repressive legal machinery of the State. Many had sought refuge in France. But France fell, and within months of the Germans setting up their administration in Paris, they moved against the Jews. A census was ordered; businesses were seized; the first arrests took place in May 1941, with further round-ups in August and December. Them, on 20th January 1942, at a villa on the sh.o.r.e of the Wannsee, near Berlin, the n.a.z.i government formally decided the fate of all European Jews. A 'Final Solution' was under way which required the urgent 'evacuation' of Jews 'to the East'. Two months later, on 27th March 1942, the first trainload of victims left Paris for Auschwitz. The 'evacuations' had begun, and the ma.s.s killing of Jews deported from France would now get under way Mr Penshaw concluded: 'The Prosecution case against Schwermann is simply this: he was inextricably involved in the machinery of death. And he must have known that execution or serious harm awaited those who were deported to the camps. If you, the jury, are sure this man was part of that enterprise then you must find him guilty of murder in relation to each of the charges laid against him.'

Lucy covered her face with her shawl and mumbled a sort of prayer to the ether: that Victor Brionne would come forward; that Schwermann would be convicted; and that Agnes would die in peace. Raising her head she looked to the man in the cardigan beside her, and saw the thin tears streaming down his face.

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