Original subtitles

l'm sorry to have made so much noise.

l thought you might have been asleep.

Have you been drinking?

lt is the custom on election nights.

Please don't let me disturb you if you're writing a letter.

No, l've finished it.

- Have you eaten? - l wasn't hungry.

l'd have been here sooner but l was called to attend some girl's dog.

What's the matter?

Are you a fatalist, Dwight?

Are we having a philosophical discussion

or have you a more personal reason for asking?

Are we the masters of the dance?

Or are we merely puppets, do you think?

l don't know. What has made you wonder that at this time of night?

This thing.

Five minutes ago l tried to shoot myself.

The damn thing misfired.

Since then l have been debating as to whether l should try again.

l realise it is not in the best of taste

to use the hospitality of your room to do it in

but l couldn't get a room of my own

and it seemed faintly vulgar to do it in some dirty street.

l don't understand you.

What don't you understand?

Why you should want to kill yourself.

And if you do, why you should ride 25 miles to a strange town to do it.

Well, one can develop a quite unreasoning prejudice

against spilling one's blood on one's own doorstep.

lt makes a mess of the house.

lt'll make a mess wherever you do it.

Can you explain to me, Doctor,

scientifically...

what happens to our resolve when you put the barrel to your head,

pull the trigger and nothing happens?

Should l blame myself

for not remembering that powder gets damp quickly

in this damned Cornish atmosphere

and that l should have brought some dry, or say it was just fate?

Or is the final humiliation

to shirk having another try?

No, it seems the most sensible course.

Why suicide anyway?

Oh, it's a long...complicated story.

- What story? - Never mind!

- You're young, propertied... - Mortgaged.

You have a wife and a child.

Doctor, please, you'll make me weep for joy

Had it been your cousin Ross l might have understood.

On trial for his life, and having lost his only child.

- His business having failed... - God damn you!

Be quiet.

However, he seems to have kept his self-respect,

which you, perhaps, have lost.

What makes you say that?

l think there must be a great loss of self-respect

before suicide can even be thought of.

There are times when it may be the only way of restoring...

one's self-respect.

Perhaps you didn't drink enough. Get twice as drunk and sleep it off.

A pistol ball is very dramatic.

Hm.

A pistol ball, Doctor, has no morning after.

Well, it would be even more vulgar to do it whilst l'm here.

Why don't we have a drink and talk about it? We have all night.

Here, drink this brandy. That cheap gin'll poison you.

Bring up unhealthy thoughts.

Oh, my thoughts were unhealthy without the gin.

Do you...want to tell me about them?

No.

No, they're very private.

Well, perhaps we can talk about something else.

Well, here's to the devil.

God knows whose side he was on tonight.

And God knows whose side he'll be on tomorrow.//

Put up Ross Vennor Poldark!

- Poldark's on next, sir. - Sober this one up.

Use the room behind the court. l'll get him outside.

Master Paynter?

Master Paynter!//

- You are Ross Vennor Poldark? - Yes.

Ross Vennor Poldark, hold up thy hand.

He must be a very hard man, then, your Captain Poldark.

Oh, he get his temper up...

l heard he threw you out.

- He thrashed me. - Thrashed you?

For nothin'!

For gettin' drunk! For nothin'!

Just for getting drunk?

He thrashed me.

Threw me out!///

Gentlemen of the jury, Iook upon the prisoner.

He is indicted in the name of Ross Vennor Poldark.

Now, that night.

- What night? - The night of the wreck!

Let's see if we remember everything that happened.

That on the 7th day of January in the year of our Lord 1790,

not having the fear of God before his eyes

but being seduced by the devil did incite peaceable citizens to riot

and plunder feloniously with force of arms

and did take away goods belonging to a ship in distress.

And upon the arrival of officers of the law

did lead and direct resistance to them

resulting in loss of life and the wounding,

directly or indirectly by the accused, of Captain McNeil.

Prisoner, how do you plead?

Not guilty, my lord.

- How will you be tried? - By God and my country.

You may sit at any time you wish, Captain Poldark.

Mr Bull, when you're ready.

No doubt there are a great many of you here

who will remember the great gale of January last.

A mighty gale.

And no doubt many will remember the ship,

a Cornish-owned ship, not a foreigner,

that was driven into distress on Nampara Cove,

just as it happened, below the house of the prisoner.

A man comfortably circumstanced,

a mine-owner and a landowner of ancient name.

l believe, gentlemen of the jury,

that you would have expected, as any honest man would expect,

that one's thoughts would be for the safety of those aboard.

But apparently not, according to the prisoner's behaviour.

His only concern was to rouse the lawless spirits of the village.

And within one hour, without any thought for those aboard,

the ship was dismembered,

the prisoner having personally conducted the operation.

That is not true!

We will come to your evidence, Captain Poldark, in good time.

On the night of the raid, gentlemen,

it must be remembered there was one passenger left on board.

Matthew Sanson. Prompt help may have saved him...

- He was dead! - Restrain yourself, Captain.

All we do know, and this is all we know,

is that no such help was given

- and a man lost his life. - He was already dead.

l must ask you to let the court proceed in its own manner.

The prosecution will also show

that when a contingent of His Majesty's Dragoons arrived

the prisoner warned them not to interfere at peril of their lives

and when they did they were set upon by the prisoner and others.

This court will be cleared

following any further disturbance from the body of the public.

Continue, Mr Bull.

An officer received serious injuries.

There were two deaths among the rioters and many injured.

lt was, as evidence will show, a night of riot, theft and murder!

All instigated by the prisoner!

It is not within the Crown's scope to bring previous acts of lawlessness...

lt is certainly not!

The Crown neither knows nor can prove that there were any!

- Your Lordship, uphold me. - l do, Mr Clymer.

Remain within facts we can dispute, not gossip you hear!

This is a court of law, sir, not a market square.

l ask Your Lordship's pardon.

The jury will disregard the prosecution's suggestion,

difficult as that may be now Mr Bull has introduced it

- contrary to the rules of law. - Your pardon.

- l withdraw my observation. - A little late, Mr Bull.

Please continue.

l dearly loved my mother, sir.

We all love our mothers, Master Paynter.

lf only she could see me now.

''What's become of you, Jud?'' she'd say.

''What's become of you, Jud, me son?''

Come along, Master Paynter, we haven't got that much time.

Get a mug of water and fill it with salt.

Now, let's go over it again.

Captain Poldark roused you.

Captain Poldark roused me...

And?

Captain Poldark roused me.

And he said?

l don't know what he said.

He said there were pickings for all! Pickings for all! Now!

Captain Poldark roused me...

- There was a wreck. - There was a wreck...

and there were pickings for all.

And when he boarded the ship... Master Paynter...

Listen to me, it's to your own advantage.

When he boarded the ship he carried a line to take off the cargo.

Do you hear me?

lt is also obvious from the prisoner's statements

that he has sought to justify his actions,

justifications that have stamped him as a man of dangerous sympathies.

Gentlemen, all amongst you have owned some property.

lf you would keep that property intact,

then such men must be made an example of.

- An admirer of the Jacobins! - Mr Bull!

The Jacobins would take your property and share it out!

Sedition, unrest and violence must be stamped upon...

My Lord, l object!

l object on your behalf, sir. Mr Bull!

We are trying a criminal charge, not a political charge.

Any further attempts to introduce extraneous evidence,

- l'll have you removed. - Yeah! Get him out!

lf you wish to continue, Mr Bull,

you will do so on direct and disputable fact.

Do you wish to continue, sir?

l bow to Your Lordship's judgment.

- Call the first witness. - Call the witness!

Nicholas Vigus.

- How is he? - Has a sore head but all right.

Salter's looking after him.

Forcing salt water down his throat.

- This Vigus, is he one of ours? - l don't think he'll give any problems.

Nicholas Vigus?

- Yes, my lord. - No, it's ''sir'', not ''my lord''.

Yet.

Mr Vigus, will you tell the court what happened

on the morning of the 7th of January?

- 7th... Well... - Er, don't...

Don't hurry yourself, Mr Vigus. There's no need to be nervous.

The morning of the 7th of January.

l was woken up by Captain Poldark here banging on the next-door cottage.

- Could you hear what was said? - l heard Captain Poldark.

He was shoutin' ''Jud, Jud, good picking's for all,

''there be a wreck comin' ashore.''

Will you swear that is what he said? You are under oath, Mr Vigus.

- Aye, sir. - And then what?

l went back to sleep.

ln the morning l went to see what was goin' on.

What did you see?

Captain Poldark was directing operations.

''Directing operations''?

Telling people what to do.

Did he instruct anyone to go aboard the vessel

to see if there were further pickings?

Mr Bull, rephrase that, please.

- Who boarded the vessel? - He did, sir.

- And came back alone? - Yes, sir.

Going on further, Mr Vigus,

what happened when the Dragoons arrived upon the beach?

- Captain Poldark spoke to them. - In what manner?

Seemed they was having high words, sir.

- What sort of high words? - l couldn't hear, sir.

Thank you, Mr Vigus.

- He's a liar! He's been bought! - Shh. It isn't over yet.

You can cross-examine him if you wish, or would you rather l did?

- No, l'll do it. - If you wish.

You would be putting your guineas to better use if you'll let me speak for you.

Captain Poldark, do you wish to question the witness?

l do, my lord.

Ten to one on hanging if his counsel isn't speaking for him.

Who's got the brandy?

What kind of a night was it, Nick?

Rough, sir. Blowin' up something proper.

ln which direction, do you remember?

lf the ship was dead on, it must've been sou'westerly.

And your cottage is southeast of Jud Paynter's -

not next door but next door but one.

Aye, sir.

You must have very good hearing to hear something said two doors down.

That or you've been paid a lot of money.

Captain Poldark, l'm warning you as l've warned others,

we are here to find the facts, not to present unprovable suppositions.

- l beg your pardon, my lord. - Continue but do it reasonably.

This court is not without intelligence, whatever you may think.

My lord, may l elucidate a point?

You may elucidate a great many points.

Did Captain Poldark rouse you that night?

- No, sir. - Did you resent that?

- Why should l? - You were not there for the...

- ''pickings''. - l be no wrecker!

- But you were there? - l went to look.

You got there after dawn. l was gone.

Captain, either you examine this witness or your counsel,

- not both of you. - What did you see, Mr Vigus?

What were they about?

l was on the beach and Captain Poldark boarded the ship carrying a line.

- A line? Ha! To rescue people! - No, to drag ashore cargo!

So Captain Poldark organised the looting of the ship?

- He carried out the line, sir. - Did you carry a line?

Yes, l did. If you are to rescue people from a wrecked ship

you need a line, if only to save yourself.

Now, repeat. When the soldiers arrived...

Damn him!

l'm going!

l can't...

Here. Sit down.

Now, when the soldiers arrived...

Mr Vigus, for the benefit of the jury may l clarify your evidence?

His evidence is clear. He saw it happen.

- How? He wasn't there. - Captain Poldark,

there were many people on the beach that night.

- l know he wasn't there. - It is a matter of evidence!

Leave it to your counsel for one moment.

Mr Vigus, you tell us you were not roused

but were present when Captain Poldark boarded the ship?

You heard Captain Poldark rousing some other person?

Although the wind was in the wrong direction.

Not one witness mentioned you there and yet you saw it all?

- l damn well did! - You also tell us

that you heard Captain Poldark having ''high words''

with the captain of Dragoons and yet you were not aroused.

Nor with the weather as it was

is it likely you would've been awakened by any commotion.

Mr Vigus, to be in two places at once, you're either a magician...or a liar!

The weather woke me!

- Wind in the wrong direction. - l heard 'em!

l watched to see what they was doin'!

He's a liar!

What were they doing?

- Wreckin'. - No! No!

- Liar! - Thank you, Mr Vigus.

Put up the next witness.

Put up the next witness! Captain McNeil.//

- You're Captain McNeil? - Yes, sir.

On the night, you were making your way down to the beach?

- Yes, sir. - For what purpose?

To prevent the looting of a ship and to disperse a riot.

As you were making your way down, did the accused address you?

Yes, sir.

ls it true he warned you not to go any further

since he or others would use violence to prevent you?

- My lord...! - Rephrase it please, Mr Bull.

What did the defendant say to you?

He said there were a great many people on the beach and that many were drunk

and it might be dangerous to proceed.

- However, you did proceed. - It was my duty.

And you were struck and rendered unconscious?

- l was. - By the accused?

- That is a leading question. - l'm aware of that.

Mr Bull, l don't want to have to reprimand you again.

This is a court of law, sir. We will conduct it as such.

- Do you know who struck you? - No, sir.

Thank you.

Captain McNeil, Captain Poldark is accused of inciting a riot

in which you were wounded.

On oath, can you say that he did?

Certainly not.

And equally on oath, since you were unconscious at the time,

can you say that he didn't?

- No, sir. - So it is possible,

and l only say possible, my lord,

that Captain Poldark rendered you unconscious.

- l did not. - Or incited others to do so.

Now, Captain McNeil,

as you were unconscious...

are you able to swear that Captain Poldark

did not lead or assist in the riot?

No, sir, l cannot.

- My lord! - Allow counsel to continue.

And therefore, as an obviously honest man,

can you now swear on oath before this jury

that Captain Poldark did not incite the riot?

No, sir, l cannot.

Thank you, Captain McNeil, the court is very grateful.

- l feel sick. - Do you want to go out?

Mr Clymer, Mr Bull...

we're getting close to the recess.

l'd like to complete this case today.

- l think we can, my lord. - Mr Bull is obviously an optimist.

This can't be a very pleasant experience, Master Paynter.

No...

A court of law can be a frightening place,

what with the judge and jury all looking at you.

- Yes. - Now, all we're trying to do

is help you through that ordeal.

lf you make a mistake they could make a fool of you.

And if you make a very stupid mistake,

they could even send you to prison.

Eh?

So let's get it all in good order,

then we can get some fresh air, if you've a mind.

Now, it was Captain Poldark roused you...

Yes, sir.

And he told you to rouse the village because there would be pickings for all.

Yes, sir.

My lord, l would like to place before you

the sworn statements of seven witnesses

who saw Captain Poldark Iead the assault on the troops.

l have copies here, Mr Bull.

Edwin Truwant from the parish of Truro swears he saw Captain Poldark on the beach

at the time when the captain of the Dragoons was struck.

- Is... What was his name? - Edwin Truwant.

- Is he present? - Is Edwin Truwant present?

Pissed in the street, me lord!

l don't know him and l don't think he knows me.

- Simon Glanville.... - Who?

- Captain Poldark. - These are statements

from people l don't doubt have never seen me!

Quieten yourself, sir!

You're doing yourself no advantage.

l will take these statements into account in my summing up.

- Does that satisfy you? - Thank you.

- They are lies! - The jury will decide that!

Allow your counsel his best advice and let me be the judge!

Gently, gently.

This court will adjourn!

Until 2:30.

All stand!

How's it going?

l think the odds are on our side.

Vigus was dubious but he stood by his story.

The sworn statements will count

and Poldark doesn't have witnesses to refute them.

He's also being pig-headed, which isn't helping.

And Bull? Is he giving a memorable performance?

He's doing well but Poldark's counsel's as good.

Then Bull must make sure he's better.

Won't you have something to eat?

l can't. l can't eat.

lt's so lonely for him. All on his own.

And people telling lies!

The trial isn't over yet.

Lies, lies, lies!

Where do they get their lies from?

Will anyone say anything? He was at the house!

- Somebody will stand by him. - Who?

He may have witnesses we know nothing of.

What will l do if they...

Oh, Verity, l don't want to be without him.

Without him l'm only half alive.

Will you take a glass of claret with me, Mr Clymer?

You're very kind, sir, but shall we wait till the case is over,

at which time we shall know who pays?

Every single day!

- This afternoon instead of... - Oh! There's the doctor.

Ma'am.

And how is the little beast?

He is not a little beast, he's a little dog. And he is, in fact, much better.

Good. Are you exercising him?

Yes, l walked him round the park this morning.

Neither of you will regret it, l'm sure.

That dog doctor should be told his place.

He's not a dog doctor, he's a very good physician.

Then why doesn't he have a practice in Bath?

Being a good doctor and being acceptable in society

isn't necessarily the same thing.

He may even be penniless.

Are you feelin' better now?

Yes, sir.

Just have a little sit down, sir.

You sit there while l go behind a tombstone a minute. Hear me?

Yes, sir.

Jud!

Mistress, what a day.

Yes, what a day.

l've been drunken and foolish again.

Dear knows how it all happened.

Then you must say you don't know how it happened!

But l don't know how, l swear l don't!

Oh, please, Jud, just tell 'em.

They won't listen.

They tell me.

Oh, please, Jud.

Mistress, what a day.

What a day.

'Scuse me, ma'am, this gentleman be a witness in a court case

and it ain't allowed to speak to witnesses.///

- Are you coming for the verdict? - l can't waste more time.

l've business in Truro gathering dust for want of a signature.

As you wish. l'd better see what's happening.

You haven't finished your food!

You finish it. We don't want to show a loss on that, do we?//

Captain Bray, l have three questions for you.

ls it true that you met Captain Poldark on the beach?

Yes, sir. He came to my assistance when l was attacked by the rioters.

He then took me and my crew to his house and gave us shelter.

Did you see Captain Poldark meet the officer of Dragoons

and if so would you tell us what happened?

l did, sir. He warned the captain it might be dangerous.

Was it a friendly warning, intended to avoid bloodshed?

Mr Clymer, that is a leading question.

Let me rephrase my question, Captain Bray. Did they quarrel?

lt didn't seem so to me, sir.

Thank you, Captain Bray.

Captain Bray, did the accused accompany you to the house?

- Yes, sir. - How far is the house from the beach?

About six or seven minutes.

And after you'd arrived, when did you next see Captain Poldark?

- For myself, l... - When, Captain Bray, when?

About an hour, sir.

An hour? An hour?! Well, during that hour

you can't possibly know where Captain Poldark was.

- No, sir. - Perhaps the servants knew?

l know he made us comfortable.

His charitable acts have no bearing on this case.

- Do you know where he was? - No, sir.

- Back at the beach? - l don't know.

- But he could have? - Sir, he...

Answer the question, Captain.

Would you swear that while he was away from you

he didn't return to the beach?

- No, l can't swear to that. - Thank you, Captain Bray.

Call Dr Enys.

How do you feel, Master Paynter? Reckon you be sober now?

As a judge.

But l wish l had the same income.

You are an apothecary, l believe, Mr Enys?

- No, sir. - You're not an apothecary?

No, sir, l am a physician.

Oh, a physician.

So there is a difference?

But cannot any man set himself up as a physician if he so desires?

He can do but he has no right to.

What right have you?

Yes, sir, l am a licentiate of the London College of Physicians.

A professional man.

Equally with you, and my title is not ''Mr'' but ''Dr''.

We are getting things clear.

lt seems to be taking you some time.

ln your statement...Doctor, you say the accused

had been under mental strain on the night in question

brought on by some personal distress.

Yes, sir.

Did you study mental affliction

in the London College of Physicians?

There is no such tuition, sir, as you probably know.

One learns it through clinical experience.

- How old are you, Dr Enys? - 26, sir.

Not many years in which to have gained such enormous experience

- on the effects of insanity. - l do not say he was insane,

l say through grief and lack of sleep he was not himself.

His child had recently died.

A fact you would have us believe could justify anyone

to create riot, wreckage and loss of life!

l am not suggesting it, sir, you are!

l do not believe he did create a riot.

Might that not be the legal diagnosis a physician is not qualified to give?

Surely a physician may diagnose his patient as a lawyer does his client?

Dr Enys, you formed this diagnosis,

you must have some basis for it.

Can you tell the court what it was?

His child died, my lord, the same night as the wreck.

He was deeply distressed, his wife was very ill.

He had suffered a loss he could almost not bear.

He did not know what he was doing but he was not wrecking.

- That is a personal opinion. - A moment. Dr Enys?

At the child's funeral, it greatly upset him that he was not able,

through financial problems, to offer hospitality to the mourners.

- It is the custom... - Was the funeral...

- before or after the wreck? - After.

Then what bearing can it have on this case?

This man is here as a witness to the defendant's character, not to events.

Continue, Dr Enys.

lt is the custom in Cornwall to offer hospitality to the mourners.

lt greatly upset him that he was not able to do so.

Why do you mention this, Dr Enys?

As an illustration of the man's character.

He is an honest man and feels things deeply.

He is not a man to create riot and wrecking.

Thank you, Dr Enys.

We'll have the next witness.

Jud Paynter.

Were you on the beach on the night of the wreck?

- Yes, sir. - Doing what?

Helpin' to save lives, sir. Innocent seafarers.

Did you see Captain Poldark?

l did see him at one time.

You were too drunk to see anything.

- Captain... - What was he doing?

There were a deal of people on the beach.

Yes, but it has been said he boarded the vessel carrying a line.

He'd have been a fool to go without a line, sir.

Could the line have been used to remove the cargo?

You can use a line for anything on a ship.

Could it have?

lt could, yes, sir.

And was it?

l wasn't on that part of the beach, sir, at the time,

l was helpin' the crew ashore. Savin' lives.

lt was Captain Poldark who came to your house that night?

What did he say?

He said for me to get out and rouse the men of the village.

What else did he say?

There might be women and children aboard

and we must get the men and save them from the sea.

That is not your sworn statement, Mr Paynter.

Eh?

l said, that is not your sworn statement.

l be not too good on statesmen, sir.

l... l be a bit hard of hearing

and l may've mistook what was being asked of me.

Apart from that, l can't write.

Mr Paynter...

there has been reference to Captain Poldark saying

when he banged on your door there would be pickings for all.

lf your hearing has improved, Mr Paynter,

you will understand that this means his intent was to despoil the ship.

Did he or did he not say it?

No, sir, l said it.

What will you take on an acquittal, George?

- The witness's statement... - Yes, l have read it.

lt must be obvious that either perjury has been committed

or that corruption has taken place!

It'll be looked into!

ln the meantime, the jury cannot form an opinion

on the present witness's testimony.

- l therefore instruct... - It be the truth!

Have that woman...! l pray you, be quiet, ma'am.

l therefore instruct the jury

to disregard the evidence of the last witness and that it be struck out.

The witness may leave the dock.

The last witness having been called...

culprit, do you wish to address the court?

No, my lord.

Say something, for God's sake.

At least ask for clemency - and do it courteously.

My lord, my counsel has advised me to say something on my own behalf.

lt must be a great relief that you're taking notice of him at last.

l won't ask for clemency - l need none.

We all need clemency - from God, Captain.

But you are not God, sir. And neither is this court.

- Captain Poldark... - l admitted that l did rouse the village

and that when l boarded the ship l carried a line.

We rescued the crew and looked after them.

lt may be that the learned counsel, and yourself, my lord,

do not know what happens here when a wreck is blown ashore.

People come from far and wide. Some to help, some to watch.

Two widows in my parish would not be widows

if their husbands had not tried to rescue shipwrecked sailors.

l don't know what happened after l left the beach

but if they took cargo and used it to feed their children,

better they should have it than let it rot.

l would not insult your intelligence

by asking for clemency in the face of lies told by witnesses

who've been privately purchased to voice these slanders.

You mustn't make such statements in a court of the king.

l have just made it, my lord.

l plead not guilty to everything else.

Silence in court!

Gentlemen of the jury, this is a very difficult case.

The prisoner stands before you on three charges -

of causing riot, of wrecking

and of leading an assault on officers of the crown.

You may find him guilty on all charges or on any one.

He pleads mitigating circumstances with regard to the removal of the cargo

with which you may feel sympathy.

However even if he wasn't there, and we have no proof he wasn't,

by his statement he has admitted an element of guilt -

to condone a felony is to be equally guilty of it!

Now, gentlemen...

let me take you through the evidence.

- How long do you think they'll take? - l don't know.

- l've never been in a court. - Nor l. Never thought l would.

Oh, why didn't he just...

He turned them all against himself. Why didn't he just say things quietly?

lf the judge is an honest man, he may understand.

l'm sure he will.

''Annie Taylor, died aged 90.''

Perhaps she'll lend me a flower for luck.

The jury are coming in.

Now, do you want to come back?

l can't not be with him now, can l?

The bet's off, George. They can't look at him.

lt's evens on hanging. Ten to one on transportation.

l'll take it.

Members of the jury,

have you reached a verdict?

We have, my lord.