Theatre of Law
Crown Court Mock Trial
The Highwayman Script
Theatre of Law
Crown vs Douglas Terrapin
Name of Crown Court : Royal Courts of Justice.
Date .7th December 2015
Clerk:
All rise.
Judge enters and sits down
Judge:
Please be seated.
Everyone in court bows and sits down
Clerk:
Good day, Your Honour, good day members of the court. Your
Honour, this morning we have the case of Douglas Terrapin
before you. May I proceed?
Judge:
Please do.
Clerk:
Will the defendant please stand. Are you Douglas Terrapin?
Defendant:
Yes, I am.
Clerk:
You are charged with robbery and attempted robbery. Do you
plead guilty or not guilty?
Defendant:
Not guilty
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Judge:
Very well, Prosecution, please begin your case.
Prosecution:
I would like to call my first witness, Mrs Cambridge.
Clerk:
Call Mrs Cambridge
The Court Usher leads witness one up to the witness stand and reads them the oath
Usher:
Do you promise to tell the truth, the whole truth and nothing but
the truth?
Mrs Cambridge:
I do
Prosecution:
What happened to you that night, Mrs Cambridge?
Mrs Cambridge:
Well, shortly after the carriage stopped, I looked out of the window
and heard a voice shouting, The next thing I knew, I had my
necklace grabbed from around my neck and my precious purse
containing over £500 was stolen too.
Prosecution:
How do you know that the person who robbed you is Douglas
Terrapin?
Mrs Cambridge:
I know it was him because I’d recognize that voice anywhere. The
voice ~I heard today in court is the same voice that said ‘Stand and
deliver’ and threatened to kill me if I didn’t hand over my money
and jewels.
Prosecution:
Thank you. I have no more questions for this witness, your
Honour.
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Judge:
Very well. Defence, do you have any questions for the witness?
Defence:
You say, Mrs Cambridge, that the necklace was grabbed from
around your neck. Furthermore, I notice from your witness
statement that you say you were left with a nasty purple mark
on your neck. But surely the necklace must have broken to have
left such a mark, and yet the necklace given to Bess by the
defendant was I perfect condition. How can you explain this?
Mrs Cambridge:
Well, I…er…..I don’t know. All I can tell you is that he must have
fixed it before he gave it to her.
Judge:
Thank you, you may step down. Please continue Prosecution.
Witness leaves the stand
Prosecution:
I would like to call my next witness, PC Brooks.
Clerk:
Call PC Brooks
The Court Usher leads witness two up to the witness stand and reads them the oath
Usher:
Do you promise to tell the truth, the whole truth and nothing but
the truth?
PC Brooks:
I do.
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Prosecution:
You were with your colleagues in a carriage that also got held up
by the defendant. Is the man who stands accused the same man
you arrested that night, PC Brooks?
PC Brooks:
Yes sir. He is wearing the same red velvet coat and French cockedhat that he wore that night and who was also seen by my fellow
police officers.
Prosecution:
Did you feel in danger at any point?
PC Brooks:
Well yes…yes I did. You see he had a pistol which he was waving in
the air and a rapier too.
Prosecution:
Thank you. I have no further questions.
Judge:
Defence, do you wish to question this witness?
Defence:
Did this man actually rob you or was he perhaps an innocent man,
out on his horse with weapons to protect himself with, after all,
there are dangers men around at that time?
PC Brooks:
No sir, he didn’t rob us, but only because we were able to
overpower him. And we also saw Mrs Cambridge on the road that
night too. We heard her screams as we were being held up. I don’t
think that is a coincidence.
Defence:
So, he didn’t rob you and you can’t say for certain that he was the
man who robbed Mrs Cambridge. No further questions your
honour.
Judge:
Thank you, please leave the stand. Prosecution, please call your
final witness.
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Witness two leaves the stand.
Prosecution:
My final witness is Tim the ostler.
Clerk:
Call Tim the ostler.
The Court Usher leads witness three up to the witness stand and reads the oath
Usher:
Do you promise to tell the truth, the whole truth and nothing but
the truth?
Tim:
I do.
Prosecution:
Did you see anything suspicious that night?
Tim:
Yes, I watched him ride to Bess’s window, kiss her and give her a
necklace. They were whispering, but I’m sure he said he’d be back
later and that he had something to do first.
Prosecution:
I see. And why do you think that it was the defendant who
committed the crime?
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Tim:
Because I saw his rapier glinting in the moonlight and the jewels on
the butt of his pistol. Why else would he have such weapons if he
wasn’t a criminal? And where was he going so late in the night? He
must have been going to commit a robbery.
Prosecution:
I have no more questions for this witness, Your Honour.
Judge:
Defence, is there anything you need to ask this witness?
Defence:
Tim. I suggest that you are not a trustworthy witness. Firstly, you
were spying on a young couple who are in love. I also suggest that
you were angry because you too were in love with Bess. Is this
whole story you are telling us made up to get rid of the man who
is your rival?
Tim:
I admit, sir, that I am in love and I was angry, but I would not lie in a
court of law. I saw what I saw. He had a red velvet coat and a
French cocked-hat with weapons on a horse in the middle of the
night, the same night Mrs Cambridge was robbed.
Judge:
Very well. You may return to your seat. Defence, please begin
your case now.
Witness three leaves the stand.
Defence:
Thank you. I would like to call my first witness, Bess, the landlord’s
daughter.
Clerk:
Call Bess, the landlord’s daughter.
The Court Usher leads witness four up to the witness stand and reads the oath
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Usher:
Do you promise to tell the truth, the whole truth and nothing but
the truth?
Witness four:
I do.
Defence:
What type of a necklace was it that your boyfriend gave to you?
Bess:
It was a beautiful diamond necklace which was a token of our love
and it was in good condition, sir.
Defence:
And why did he give it to you?
Bess:
Because we are in love and want to get married sir. It was a symbol
of his love and I know he wouldn’t risk doing anything silly to risk us
having a life together.
Judge:
Prosecution, have you got any questions to direct towards this
witness?
Prosecution:
Yes your honour. So…Bess, what job does this man do to be able
to afford such jewels?
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Bess:
Erm…well, I don’t really know sir, but I know it must be something
important. We…we have never really talked about jobs, just what
we’ll do when we’re together and how we will spend the rest our
lives.
Judge:
Thank you. You may be seated. Please continue, Defence.
Witness four leaves the stand.
Defence:
My next witness is Mrs Brown (Mr Terrapin’s sister).
Clerk:
Call Mrs Brown.
The Court Usher leads witness five up to the witness stand and reads the oath
Usher:
Do you promise to tell the truth, the whole truth and nothing but
the truth?
Mrs Brown:
I do.
Defence:
You have known your brother all your life. Tell me, what type of a
man is he?
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Mrs Brown:
A good man sir. He was always a well-behaved boy. He was shy
and didn’t have many friends, but his family loved him. He was
devastated when our parents died and he swore an oath to them
that he’d lead a good a wholesome life. His uncle helped look after
him after our loss so he has always had someone looking out for his
well-being.
Defence:
And how has he seemed to you lately?
Mrs Brown:
Well, he has been writing letters to me in Scotland and telling me
all about this lovely girl he’s in love with. He seems besotted with
her and want to marry her, if her father will permit it. He is
respectful and honest and is frightened in case he refuses. Oh, I so
hope he marries and settles down with her. He seems happier than
he has ever been since our tragic loss
Defence:
I see. I have nothing more to ask of this witness.
Prosecution:
Can you explain why his uncle – a suspected highwayman himself
– was training him to use weapons, Mrs Brown?
Mrs Brown:
Firstly, it was never proved. The highwayman story was a vicious
rumour. And yes, he trained him so that he could protect himself
against robbers and thieves.
Prosecution:
No further questions, Your Honour.
Judge:
Thank you, please leave the stand. Please make your closing
statement to the court.
Witness five leaves the stand.
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Prosecution:
It is without doubt that Douglas Terrapin is guilty. He was seen at
both crime scenes with his very recognisable clothing and his
trademark weapons, both of which are very distinctive.
Not only has he been recognised by his clothes, but also his voice,
which was heard by all witnesses, and which they confirm is the
voice used today when he pleaded not guilty.
Finally, he was seen by Tim the ostler giving Bess a necklace – a
necklace which was stolen only minutes earlier after being
grabbed from the neck of our poor victim. Douglas is a guilty man
and he should pay for his terrible crimes.
Judge:
Thank you. Defence, if you could share your closing statement.
Defence:
Douglas Terrapin is a gentleman, a gentleman who is in love and
about to embark on a life together with his true love, Bess. The
necklace he gave her was not broken, as it would surely have
been if grabbed from someone’s neck. He is a man of good
character who has no previous convictions against his name and a
man of his word who made an oath to his parents on their
deathbed.
Douglas is a man who was in the wrong place at the wrong time.
He had his sword and pistol to protect himself from unscrupulous
highwaymen. He is NOT a highwayman himself and should be
found NOT guilty.
Judge:
Ladies and gentleman of the jury, we have heard a range of strong
evidence in court today. It is up to you to decide whether the
defendant is guilty of the crime.
Consider the evidence you have heard today carefully before
making your decision. Remember, to find the defendant guilty you
must believe that the evidence you have heard shows them to be
Theatre of Law
guilty beyond all reasonable doubt.
Would the jury please stand and follow the Usher out of court.
The NCCL facilitator will freeze the action here. The jury and remaining students
should discuss what they think the final verdict should be and what sentence the
defendant should receive if found guilty.
Clerk:
All stand
Everyone stands while the jury return to their seats.
Judge:
Have the jury reached a decision?
Foreperson:
Yes, Your Honour.
Judge:
And do you find the defendant Guilty or Not Guilty?
Foreperson:
(Guilty or Not Guilty), Your Honour.
If Guilty
Judge:
(says the defendant’s name), the jury has found you guilty as
charged. I sentence you to (The judge announces their sentence
and explains why they have chosen this sentence ).
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If Not Guilty
Judge:
(says the defendant’s name), the jury has found you not guilty.
You are free to go.
Court dismissed.