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WAVES CRASH
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Mr Southouse!
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HE CHUCKLES
4
00:01:47,540 --> 00:01:50,460
I had reckoned your absence
longer than two months.
5
00:01:56,140 --> 00:01:58,820
It burdens me to see you looking so.
6
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If I could have come back from
the northern circuit sooner
7
00:02:02,820 --> 00:02:05,300
to keep company with you...
I'm sure of it.
8
00:02:10,140 --> 00:02:12,500
The life of a widower is not easy.
9
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The loss of her...is hard to take.
10
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Mr Southouse, we can remedy this.
11
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Firstly, we will improve
your appearance by some shaving to your face.
12
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And I will send out for some coffee,
and thus enlivened, you will venture into the world,
13
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converse with the merchants and
anybody else in need of an attorney.
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HE CHUCKLES
15
00:02:57,900 --> 00:03:01,300
You did not send word
of your return to London.
16
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I did not expect my confinement
to last six months.
17
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Bramber is hardly a confinement.
18
00:03:06,540 --> 00:03:07,820
Bramber is not my home,
19
00:03:07,820 --> 00:03:11,060
it is your borough and, my dear
Arthur, you are never there.
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00:03:11,060 --> 00:03:14,900
And so, when we are united,
it is a happy occasion.
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00:03:15,860 --> 00:03:19,100
And when we are not,
it is a less than happy separation.
22
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Now I'm come home. To you.
23
00:03:20,860 --> 00:03:24,620
But I'm engaged in parliament.
And at the Admiralty.
24
00:03:24,620 --> 00:03:28,220
You're Second Assistant Secretary
there. How engaged can you be?
25
00:03:31,860 --> 00:03:34,180
I must take my leave of you.
26
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You go where? I have urgent business
I must attend to.
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BABY CRIES
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HE CLEARS HIS THROAT
29
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I insisted on knowing
what she had in her apron.
30
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There I found two gowns,
a scarlet cloak and a sheet.
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Were there any other
things found but these?
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This key I found on her,
which opens the prosecutor's door.
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No more questions, my lord.
34
00:04:03,060 --> 00:04:06,140
Do you have anything
to say in your defence?
35
00:04:06,140 --> 00:04:07,900
I buy and sell old clothes.
36
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I bought these clothes off a woman.
37
00:04:09,820 --> 00:04:12,060
And as for the key,
it is the key of my door.
38
00:04:12,060 --> 00:04:14,340
My lord, as this
poor woman has no counsel,
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00:04:14,340 --> 00:04:17,740
will you permit me as amicus curiae
to ask Mr Yardley a thing or two?
40
00:04:17,740 --> 00:04:19,300
Very well.
41
00:04:19,300 --> 00:04:23,180
Did you ever try this key you
say opens the prosecutor's door?
42
00:04:23,180 --> 00:04:26,580
No. Then how do you attempt
to identify it as such?
43
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Because the prosecutor tells me
that her key was eat up with rust.
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CROWD MURMURS
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00:04:33,100 --> 00:04:37,500
Is it by a key being worn with rust
that you affect to identify it in a court of justice?
46
00:04:37,500 --> 00:04:39,300
It's a very unusual key.
47
00:04:39,300 --> 00:04:43,780
Not because it has been
"eat up with rust", my lord. We still have no reliable evidence
48
00:04:43,780 --> 00:04:45,380
of who it belonged to.
49
00:04:45,380 --> 00:04:48,860
I have the key to my chambers.
It too has been "eat up with rust"! LAUGHTER
50
00:04:48,860 --> 00:04:50,780
Have you finished, Mr Garrow?
51
00:04:50,780 --> 00:04:52,460
My lord.
52
00:04:52,460 --> 00:04:55,860
Do you have any witnesses
to speak on your behalf?
53
00:04:55,860 --> 00:04:59,500
I have no friend in the world
but God and you gentlemen.
54
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LAUGHTER
55
00:05:01,300 --> 00:05:02,780
And I beg for mercy.
56
00:05:02,780 --> 00:05:07,140
Members of the jury, consider
your verdict. I will speak for her.
57
00:05:07,140 --> 00:05:09,700
Lady Sarah?
58
00:05:09,700 --> 00:05:13,220
I do not normally take kindly to
being interrupted in my own court,
59
00:05:13,220 --> 00:05:17,580
but your appearance gives me
an altogether different humour.
60
00:05:17,580 --> 00:05:19,580
I think you are not alone, my lord.
61
00:05:19,580 --> 00:05:22,140
Swear her ladyship.
62
00:05:29,380 --> 00:05:33,580
She was formerly housemaid to me,
and I still employ her sister, Mary,
63
00:05:33,580 --> 00:05:35,460
as my personal maid.
64
00:05:35,460 --> 00:05:37,420
Lady Sarah,
65
00:05:37,420 --> 00:05:39,180
I do not represent the prisoner,
66
00:05:39,180 --> 00:05:43,020
but I ask questions on her behalf as
amicus curiae, a friend of the court.
67
00:05:43,020 --> 00:05:46,340
Then she is truly befriended.
By you too, I think.
68
00:05:46,340 --> 00:05:49,180
Mr Garrow?
69
00:05:49,180 --> 00:05:52,260
Do you have any questions
for the witness?
70
00:05:52,260 --> 00:05:54,140
You are well,
71
00:05:54,140 --> 00:05:56,340
I hope?
72
00:05:56,340 --> 00:05:58,380
INAUDIBLE
73
00:06:04,300 --> 00:06:07,540
I hope my appearance
did not cause you any discomfort.
74
00:06:07,540 --> 00:06:10,020
It was only your
previous disappearance
75
00:06:10,020 --> 00:06:12,340
that caused me any difficulty.
76
00:06:12,340 --> 00:06:13,460
I will not pity you,
77
00:06:13,460 --> 00:06:17,500
especially when I suspect that you
have lately met several young women
78
00:06:17,500 --> 00:06:19,460
who do walk chaperoned beside you.
79
00:06:19,460 --> 00:06:22,860
And not because good manners
demand it, but lest they swoon
80
00:06:22,860 --> 00:06:24,900
and are in want of someone
to lean on.
81
00:06:24,900 --> 00:06:27,180
Alas, I am only in demand at the bar.
82
00:06:29,260 --> 00:06:31,180
I have been in the country.
83
00:06:32,700 --> 00:06:35,140
I have a son now, Samuel.
84
00:06:36,660 --> 00:06:38,460
I wish you well in your happiness.
85
00:06:48,300 --> 00:06:50,740
Coincidental, Mr Southouse.
86
00:06:50,740 --> 00:06:52,980
Not serendipitous, then?
87
00:06:52,980 --> 00:06:56,020
The only good fortune in this
is the outcome of the trial.
88
00:06:56,020 --> 00:06:57,620
Do not enquire after my heart.
89
00:06:57,620 --> 00:07:03,100
A lady bears witness at the Old
Bailey to a former scullery maid?
90
00:07:05,500 --> 00:07:07,500
That does not happen.
91
00:07:07,500 --> 00:07:10,380
You should know of me,
I care not for convention.
92
00:07:11,340 --> 00:07:14,940
I do hope you make an exception for
the conventions in your marriage.
93
00:07:19,420 --> 00:07:24,020
Who did defend her?
It was Mr Garrow.
94
00:07:25,540 --> 00:07:27,260
Garrow?
95
00:07:27,260 --> 00:07:31,420
I had no more expectation of
seeing him than he had of seeing me.
96
00:07:41,340 --> 00:07:43,460
A ship called the Zong.
97
00:07:43,460 --> 00:07:46,980
The owners claimed for
the value of their cargo.
98
00:07:46,980 --> 00:07:50,060
133 slaves thrown overboard
on the grounds of necessity.
99
00:07:50,060 --> 00:07:52,980
The captain deemed they were running
out of water supplies,
100
00:07:52,980 --> 00:07:55,540
the action purportedly
taken to save the ship.
101
00:07:55,540 --> 00:07:57,500
Purportedly. We honoured the loss.
102
00:07:57,500 --> 00:07:59,740
And now you dispute the claim?
103
00:07:59,740 --> 00:08:02,220
We do more than that.
We challenge fraud.
104
00:08:02,220 --> 00:08:05,860
This is a diary written by the only
passenger on board the ship,
105
00:08:05,860 --> 00:08:07,620
Robert Stubbs.
106
00:08:07,620 --> 00:08:09,860
It contradicts
the captain's account.
107
00:08:09,860 --> 00:08:13,860
Well, gentlemen,
I am very happy to accept the case.
108
00:08:13,860 --> 00:08:19,420
Your engagement is conditional
on you instructing Mr Garrow.
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Goodbye.
110
00:08:27,020 --> 00:08:30,060
Excuse me sir. Excuse me. Excuse me.
111
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The insurance claim declared
the ship was rendered
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00:09:00,900 --> 00:09:05,140
"foul and leaky, having been
retarded by perils of the sea,
113
00:09:05,140 --> 00:09:09,180
"contrary winds and currents
and other mistakes".
114
00:09:09,180 --> 00:09:11,380
Affecting the safe passage
of its cargo.
115
00:09:11,380 --> 00:09:17,740
440 Africans on board from
West Africa to Jamaica.
116
00:09:17,740 --> 00:09:22,300
133 thrown into the sea,
60 dead from fever.
117
00:09:22,300 --> 00:09:25,940
Now, Liverpool Assurance
covered the loss of
118
00:09:25,940 --> 00:09:30,340
£30 per Negro, because although
Captain Collingwood may have been
119
00:09:30,340 --> 00:09:33,220
in want of common care,
he was not negligent.
120
00:09:33,220 --> 00:09:35,180
However, Robert Stubbs' diary
121
00:09:35,180 --> 00:09:40,500
suggests very strongly that the loss
arose not from perils of the sea,
122
00:09:40,500 --> 00:09:42,860
but from Collingwood's
poor judgement.
123
00:09:42,860 --> 00:09:44,660
How so?
124
00:09:44,660 --> 00:09:48,900
On the voyage,
he mistook Jamaica for Hispaniola.
125
00:09:48,900 --> 00:09:50,500
The journey took 112 days
126
00:09:50,500 --> 00:09:54,180
instead of the 60 days
of most middle-passage journeys.
127
00:09:54,180 --> 00:09:57,340
As a consequence of which,
they ran out of water.
128
00:09:57,340 --> 00:09:58,940
And the slaves jettisoned.
129
00:09:58,940 --> 00:10:01,420
There is an appalling
loss of life in this.
130
00:10:40,020 --> 00:10:44,980
54 women and children thrown
singly through the cabin windows,
131
00:10:44,980 --> 00:10:47,140
one after the other.
132
00:10:47,140 --> 00:10:51,380
The rest from the quarterdeck,
shackled together two by two
133
00:10:51,380 --> 00:10:53,980
and weighed down with iron.
134
00:10:53,980 --> 00:10:56,500
11 jumped into the water
voluntarily.
135
00:10:56,500 --> 00:10:59,660
Death becomes the best friend
you have on such a voyage.
136
00:10:59,660 --> 00:11:01,180
You wish its relief.
137
00:11:03,140 --> 00:11:06,260
You should know that I am
already requested in this cause.
138
00:11:06,260 --> 00:11:09,620
Liverpool Assurance wish to
prosecute the owners of the Zong
139
00:11:09,620 --> 00:11:10,820
for insurance fraud.
140
00:11:10,820 --> 00:11:13,340
You are wrong if you think
that is the same cause.
141
00:11:13,340 --> 00:11:17,660
That is a mercenary business about
the pecuniary value of Negroes, not their right to live.
142
00:11:17,660 --> 00:11:20,460
And in being deprived
of their right to live,
143
00:11:20,460 --> 00:11:22,420
I intend to prosecute for murder.
144
00:11:26,180 --> 00:11:28,900
Forgive me, Mr Vassa,
you were not aboard this ship,
145
00:11:28,900 --> 00:11:30,300
you lost no relative on it.
146
00:11:30,300 --> 00:11:33,460
I mean to say that no crime
has been committed against you.
147
00:11:33,460 --> 00:11:36,780
Because I was not murdered myself?
148
00:11:36,780 --> 00:11:39,140
Because I survived my own passage,
149
00:11:39,140 --> 00:11:42,860
must I stand aside
and venture only my good fortune?
150
00:11:42,860 --> 00:11:46,500
I am them, Mr Garrow. I am them.
151
00:11:46,500 --> 00:11:52,140
But a prosecution for murder cannot
succeed either at the Old Bailey
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00:11:52,140 --> 00:11:54,700
or the Admiralty Court.
153
00:11:54,700 --> 00:11:56,700
Its success will depend upon a jury.
154
00:11:56,700 --> 00:12:01,580
I mean it cannot even be begun,
because cargo cannot be murdered. Africans are viewed
155
00:12:01,580 --> 00:12:05,860
as no different from other forms
of property like horses and cattle.
156
00:12:05,860 --> 00:12:08,540
If you're an attorney,
you should know your law.
157
00:12:08,540 --> 00:12:11,900
The Somerset ruling gave it out
that property CAN have rights.
158
00:12:11,900 --> 00:12:15,940
For a freed slave in England
like yourself, perhaps, but not maritime cargo.
159
00:12:15,940 --> 00:12:18,540
It is inanimate.
I think we can proceed
160
00:12:18,540 --> 00:12:20,780
in a way that will satisfy us all.
161
00:12:20,780 --> 00:12:25,340
If Mr Southouse is to be
satisfied, then you will prosecute an insurance fraud.
162
00:12:25,340 --> 00:12:28,980
It will help you in your cause.
Lose a prosecution for murder,
163
00:12:28,980 --> 00:12:32,660
and a definitive precedent is set
that slaves can be killed at will.
164
00:12:32,660 --> 00:12:36,020
But if I can prove the claim to be
fraudulent, if I can prove
165
00:12:36,020 --> 00:12:39,180
the plea of necessity
for those deaths to be false...
166
00:12:39,180 --> 00:12:41,620
Then the insurers' interests
will be served.
167
00:12:41,620 --> 00:12:45,100
Yes, but more than that. In future,
because of this case, they may find
168
00:12:45,100 --> 00:12:47,660
a better way to see those
interests served by providing
169
00:12:47,660 --> 00:12:50,740
the least possible indemnity
for slaves murdered in passage.
170
00:12:50,740 --> 00:12:54,420
Instead of £30 pounds for a Negro's
head, they will only pay out £20?
171
00:12:54,420 --> 00:12:57,060
That is your idea of progress,
Mr Garrow?
172
00:12:57,060 --> 00:13:00,060
If it will inhibit the murder
of slaves, then yes.
173
00:13:00,060 --> 00:13:03,220
So you will inch towards justice
and not demand it?
174
00:13:04,740 --> 00:13:07,180
If we go in its direction, then yes.
175
00:13:07,180 --> 00:13:09,700
I cannot allow myself your patience.
176
00:13:17,820 --> 00:13:23,300
I will begin preparation of
the case by visiting Liverpool.
177
00:13:23,300 --> 00:13:27,420
I only wish that it were not
such a long way to venture.
178
00:13:30,700 --> 00:13:32,860
BABY CRIES
179
00:13:53,500 --> 00:13:58,020
I enquire after James Kelsall,
first mate on the Zong.
180
00:13:58,020 --> 00:14:00,100
I understand he lodges here.
181
00:14:00,100 --> 00:14:01,620
You have found him.
182
00:14:03,340 --> 00:14:04,980
And who enquires after him?
183
00:14:04,980 --> 00:14:06,860
John Southouse. Attorney.
184
00:14:16,540 --> 00:14:20,020
Your business, sir?
I act for Liverpool Assurance.
185
00:14:20,020 --> 00:14:21,780
Then you have no business with me.
186
00:14:21,780 --> 00:14:27,060
You will be called by the defence,
and then you shall do business with the prosecution's counsel.
187
00:14:27,060 --> 00:14:30,100
So it may be as well for you
to hear what may be put to you.
188
00:14:32,780 --> 00:14:34,940
I have already sworn
189
00:14:34,940 --> 00:14:38,460
that there was only enough water
for four days, but ten to 13 days
190
00:14:38,460 --> 00:14:40,380
would be required to regain Jamaica.
191
00:14:40,380 --> 00:14:43,020
Which knowledge caused
Captain Collingwood
192
00:14:43,020 --> 00:14:44,660
to call his crew about him
193
00:14:44,660 --> 00:14:47,620
to begin the throwing over
of the slaves?
194
00:14:47,620 --> 00:14:49,700
Women and children first?
195
00:14:49,700 --> 00:14:52,420
29th November.
Eight o'clock in the evening,
196
00:14:52,420 --> 00:14:55,540
coinciding with the changing
of the watch,
197
00:14:55,540 --> 00:14:59,980
when the maximum number of crew
members were available... for the task.
198
00:14:59,980 --> 00:15:03,060
And how did it feel
to perform such an act?
199
00:15:03,060 --> 00:15:06,660
I will not reproach myself
for my obedience.
200
00:15:06,660 --> 00:15:08,900
And does your conscience
reproach you?
201
00:15:08,900 --> 00:15:11,660
Well, if the charge were murder,
it might be so,
202
00:15:11,660 --> 00:15:14,020
but as it is fraud,
it does not figure.
203
00:15:15,540 --> 00:15:20,140
Robert Stubbs wrote a journal of his
time on the ship. You know of it?
204
00:15:20,140 --> 00:15:22,500
The man was in a fever.
205
00:15:22,500 --> 00:15:24,980
And his view of Captain Collingwood?
206
00:15:24,980 --> 00:15:30,660
Did his agitation only come from the
typhoid, or from what he had seen?
207
00:15:33,940 --> 00:15:37,020
You will not make a case with me.
208
00:15:37,020 --> 00:15:38,660
I must make my living.
209
00:15:38,660 --> 00:15:41,060
From the pushing of slaves
into the sea?
210
00:15:41,060 --> 00:15:43,500
I have already
obtained the muster roll.
211
00:15:43,500 --> 00:15:46,940
There were two Kelsalls on board,
yourself and...
212
00:15:46,940 --> 00:15:48,700
It does not signify!
213
00:15:48,700 --> 00:15:52,140
Besides, I know what I must answer.
214
00:15:52,140 --> 00:15:54,180
What you must, not what you ought.
215
00:15:55,780 --> 00:15:58,220
But then, you are first mate,
216
00:15:58,220 --> 00:16:01,740
and practised in doing the bidding
of Captain Collingwood.
217
00:16:01,740 --> 00:16:04,620
I was not so easily bidden.
I stood by my opinions.
218
00:16:06,260 --> 00:16:09,260
Then you did have disputes with him?
219
00:16:09,260 --> 00:16:10,740
Concerning?
220
00:16:13,620 --> 00:16:16,180
I admire the way you
seek to gain, sir,
221
00:16:16,180 --> 00:16:19,140
but you will not profit from me.
222
00:16:19,140 --> 00:16:21,540
As you profit from your silence.
223
00:16:41,020 --> 00:16:43,820
Show as much resolve
at the Old Bailey,
224
00:16:43,820 --> 00:16:46,500
and you will find
no quarrel with me.
225
00:16:46,500 --> 00:16:48,420
Thank you, Captain Collingwood.
226
00:16:49,940 --> 00:16:51,460
Still at your service.
227
00:17:04,500 --> 00:17:06,860
WAVES CRASH
228
00:17:16,100 --> 00:17:19,420
THUD!
229
00:17:19,420 --> 00:17:21,340
THEY SCREAM
230
00:17:21,340 --> 00:17:24,100
MUFFLED SCREAMING
231
00:17:37,180 --> 00:17:38,860
Mr Stubbs!
232
00:17:40,020 --> 00:17:43,340
I'm indebted that you journey here
despite your health.
233
00:17:43,340 --> 00:17:45,620
I think the cause worth
any discomfort.
234
00:17:45,620 --> 00:17:49,140
And so in support of your journal,
you will testify, Mr Stubbs?
235
00:17:49,140 --> 00:17:53,340
As Liverpool Assurance prosecute
this case largely on my account,
236
00:17:53,340 --> 00:17:55,540
I shall answer to it in court.
237
00:17:55,540 --> 00:17:57,740
God wish you strength.
238
00:17:57,740 --> 00:18:00,060
Do you have a drop of wine, sir?
239
00:18:00,060 --> 00:18:02,540
It will indeed fortify me.
240
00:18:06,100 --> 00:18:09,620
He would go no further but that
there had been some disagreement.
241
00:18:09,620 --> 00:18:14,500
If the blood was bad between Kelsall
and Collingwood, we shall have it out in court. And Stubbs?
242
00:18:14,500 --> 00:18:16,980
Determined to convince a jury.
243
00:18:16,980 --> 00:18:20,220
With yourself to take him
through his evidence, certainly.
244
00:18:26,580 --> 00:18:28,420
Lady Sarah.
245
00:18:28,420 --> 00:18:29,860
Mr Southouse.
246
00:18:29,860 --> 00:18:33,860
I have my son, Samuel, to introduce.
247
00:18:33,860 --> 00:18:35,740
Ah! A healthy boy!
248
00:18:35,740 --> 00:18:38,420
A cement to conjugal affection.
249
00:18:38,420 --> 00:18:42,300
I mean, further cement.
250
00:18:42,300 --> 00:18:44,780
Mr Garrow,
you are mute as a mackerel.
251
00:18:44,780 --> 00:18:47,300
You're not taken with this infant?
252
00:18:47,300 --> 00:18:50,820
I stand back merely in order
not to...distress it.
253
00:18:50,820 --> 00:18:53,580
Or "it" to distress you.
254
00:18:53,580 --> 00:18:56,860
It is your child, Lady Sarah,
how could that ever be?
255
00:19:05,220 --> 00:19:07,820
You think I would engineer
an assignation
256
00:19:07,820 --> 00:19:10,620
involving an attorney,
a nursemaid and a baby?
257
00:19:10,620 --> 00:19:14,940
I said nothing!
I have long since relinquished all such feelings on the matter.
258
00:19:39,140 --> 00:19:41,820
Lord Melville...
You wish me to intervene?
259
00:19:41,820 --> 00:19:45,660
I merely ask you to persuade
Liverpool Assurance to withdraw.
260
00:19:45,660 --> 00:19:49,460
Unless you wish abolitionists to
gain encouragement from this trial?
261
00:19:49,460 --> 00:19:51,980
The commander of
a British slave ship hanged?
262
00:19:51,980 --> 00:19:55,460
And the economies of the
French and Dutch much improved.
263
00:19:55,460 --> 00:19:59,060
It is paramount that everybody
involved in the slave trade
264
00:19:59,060 --> 00:20:02,860
can make assurances that conditions
aboard the ships are acceptable.
265
00:20:03,980 --> 00:20:07,220
Who acts for Liverpool Assurance
in this prosecution?
266
00:20:08,180 --> 00:20:11,180
Mr Garrow. Garrow!
267
00:20:12,700 --> 00:20:18,700
In every case, he smells out
a cause and a challenge to our laws.
268
00:20:18,700 --> 00:20:24,380
He is as malignant as any spy
that moves in our society.
269
00:20:27,380 --> 00:20:30,780
You wish to have hold of him, sir?
No, no, no, no. Just...
270
00:20:30,780 --> 00:20:32,260
look upon him.
271
00:20:35,180 --> 00:20:37,100
What do you think of his appearance?
272
00:20:39,860 --> 00:20:41,420
Very handsome, sir.
273
00:20:41,420 --> 00:20:44,220
And very much in
the way of his father.
274
00:20:46,820 --> 00:20:48,780
Your valet?
275
00:20:48,780 --> 00:20:51,060
Hm.
276
00:20:51,060 --> 00:20:53,500
He had occasion to be
there in the park...
277
00:20:55,340 --> 00:20:56,900
..and did report...
278
00:20:56,900 --> 00:20:59,020
A meeting?
279
00:20:59,020 --> 00:21:01,420
I came upon the man.
280
00:21:03,460 --> 00:21:05,060
Then was it hoped for?
281
00:21:05,060 --> 00:21:07,580
Did you wish to reunite Garrow
with what is his?
282
00:21:07,580 --> 00:21:09,500
With Samuel?
283
00:21:12,060 --> 00:21:14,420
I have been faithful to you!
284
00:21:14,420 --> 00:21:16,420
I cannot believe it to be so.
285
00:21:16,420 --> 00:21:20,140
I have given my thoughts
over to this CONSTANTLY.
286
00:21:23,820 --> 00:21:26,940
I shall not condemn you for my...
287
00:21:26,940 --> 00:21:28,660
spurious offspring.
288
00:21:28,660 --> 00:21:30,500
I will accept the child as my own.
289
00:21:30,500 --> 00:21:33,980
He will inherit my entire estate,
290
00:21:33,980 --> 00:21:35,700
my title and my property.
291
00:21:40,620 --> 00:21:44,220
At least I shall keep my dignity
in society, with you alongside me.
292
00:21:44,220 --> 00:21:49,420
So you will arrange our marriage
according to your own delusion?
293
00:21:49,420 --> 00:21:54,620
You will allow me
to have deceived you when I have never been anything but
294
00:21:54,620 --> 00:21:57,700
constant to you? And all this
in the cause of your dignity?
295
00:21:57,700 --> 00:22:02,860
You cannot be glad that I forgive
you? I cannot be glad... that you believe it so.
296
00:22:02,860 --> 00:22:06,460
And you think to tolerate
your son as a bastard.
297
00:22:57,460 --> 00:22:59,500
The unsavoury aspect of this case
298
00:22:59,500 --> 00:23:01,860
may well lead to pressure
in Parliament
299
00:23:01,860 --> 00:23:03,660
to regulate slave insurance.
300
00:23:03,660 --> 00:23:04,700
How so?
301
00:23:04,700 --> 00:23:08,660
By specifying along the lines that
no loss will be recoverable against
302
00:23:08,660 --> 00:23:12,620
the throwing-over of living slaves
on any account whatsoever.
303
00:23:12,620 --> 00:23:15,660
So underwriters like yourselves
will lose business.
304
00:23:15,660 --> 00:23:20,020
We do not intend to sustain
or accept any loss in this case by abandoning it.
305
00:23:20,020 --> 00:23:24,900
You deal in risk?
How will you underwrite the end of your own business?
306
00:23:24,900 --> 00:23:28,220
You are of this trade.
You cannot undermine it.
307
00:23:28,220 --> 00:23:31,340
We do not predict history,
we follow policy.
308
00:23:31,340 --> 00:23:35,620
And we are £4,000 out of pocket
because of a fraudulent claim.
309
00:23:35,620 --> 00:23:38,780
And slaves overboard
or not, Sir Arthur,
310
00:23:38,780 --> 00:23:42,300
I'm afraid that is our most
grievous discovery.
311
00:23:42,300 --> 00:23:43,540
Good day.
312
00:23:50,780 --> 00:23:52,860
Naturally, we resisted Sir Arthur's
313
00:23:52,860 --> 00:23:55,580
wish for us to take
a... political view.
314
00:23:55,580 --> 00:23:57,700
What view do you take?
315
00:23:57,700 --> 00:24:01,140
We wish our money back, and
by proving the claim falsely made,
316
00:24:01,140 --> 00:24:02,900
you will obtain it.
317
00:24:02,900 --> 00:24:07,500
If Captain Collingwood was not
a true commander of his ship,
318
00:24:07,500 --> 00:24:12,500
Mr Garrow will have it out,
for he can steer the Old Bailey to his will.
319
00:24:18,940 --> 00:24:22,260
"For he can steer the Old Bailey
to his will."
320
00:24:22,260 --> 00:24:25,140
I thought it was...
suitably maritime.
321
00:24:25,140 --> 00:24:27,140
I shall not tell you
what I thought it.
322
00:24:27,140 --> 00:24:28,580
They are clients to us both.
323
00:24:28,580 --> 00:24:32,180
Cargo, Negro, our fellow creatures,
it is mere noise to them.
324
00:24:32,180 --> 00:24:35,540
Profit is their trumpet blast
and I am to blow it for them.
325
00:24:36,500 --> 00:24:40,500
Will? Does not the meddling
of the Admiralty suggest
326
00:24:40,500 --> 00:24:43,460
this is about
more than mere insurance?
327
00:24:43,460 --> 00:24:45,780
I should make it so.
328
00:24:57,780 --> 00:25:02,660
Look, all I ask of you,
all I ask is some gesture to me,
329
00:25:02,660 --> 00:25:06,220
some thought or word or deed
that means that you reciprocate
330
00:25:06,220 --> 00:25:07,780
the feeling I have for you.
331
00:25:07,780 --> 00:25:10,220
What can I ever do...
332
00:25:10,220 --> 00:25:14,420
in such a way that
will convince you of my constancy?
333
00:25:17,140 --> 00:25:18,580
Mr Garrow.
334
00:25:20,100 --> 00:25:24,820
I am in need of some information
about a trial he is prosecuting.
335
00:25:24,820 --> 00:25:26,420
I see.
336
00:25:27,340 --> 00:25:32,740
I am your husband, you can
convince me you are really my wife.
337
00:25:35,620 --> 00:25:39,740
If I am truly your wife...
338
00:25:41,260 --> 00:25:44,900
..then you will believe that
Samuel is truly your son.
339
00:25:44,900 --> 00:25:48,540
It is my most fervent wish, Sarah.
340
00:25:48,540 --> 00:25:50,380
It would...
341
00:25:50,380 --> 00:25:53,180
It would break the spell
that I've fallen into.
342
00:26:53,260 --> 00:26:57,020
I had not thought that we would come
to be in each other's company again.
343
00:26:57,020 --> 00:26:59,140
Or that you might wish it
and request it.
344
00:26:59,140 --> 00:27:01,260
You object to the cause
of friendship?
345
00:27:01,260 --> 00:27:05,420
I cannot object. It is a favour you
bestow on me and I'm truly grateful.
346
00:27:06,380 --> 00:27:11,220
And that you find time to
indulge me, I am also thankful.
347
00:27:11,220 --> 00:27:13,820
You are the scourge of
venal prosecutors still?
348
00:27:13,820 --> 00:27:15,780
And soon to be their advocate also.
349
00:27:15,780 --> 00:27:17,380
I cannot imagine it.
350
00:27:17,380 --> 00:27:20,300
An insurance fraud...
351
00:27:20,300 --> 00:27:23,420
Not heard at the King's Bench?
It's a criminal trial.
352
00:27:23,420 --> 00:27:25,740
A slave ship threw
its captives overboard.
353
00:27:25,740 --> 00:27:29,220
They claim out of necessity.
I must prove negligence.
354
00:27:29,220 --> 00:27:30,700
But there is evidence?
355
00:27:30,700 --> 00:27:32,460
Southouse is assiduous.
356
00:27:32,460 --> 00:27:35,580
But enough to prove the claim false?
357
00:27:35,580 --> 00:27:37,020
You are curious.
358
00:27:38,260 --> 00:27:40,100
Forgive me, we shall not talk of it.
359
00:27:40,100 --> 00:27:43,500
I've been too long out of society
and stilted in conversation.
360
00:27:44,580 --> 00:27:46,580
The case presses me, I must go.
361
00:27:46,580 --> 00:27:48,100
I wish you well.
362
00:27:55,460 --> 00:27:58,380
133 souls should be in this case.
363
00:27:58,380 --> 00:28:02,660
Massacre is not anywhere in the
indictment or in Stubbs' journal,
364
00:28:02,660 --> 00:28:06,620
but it may come to find itself
in the evidence I shall present.
365
00:28:06,620 --> 00:28:10,540
How so?
If YOU will appear as a witness.
366
00:28:10,540 --> 00:28:13,500
This is why you have sent for me?
Yes.
367
00:28:13,500 --> 00:28:15,100
But I was not there.
368
00:28:15,100 --> 00:28:17,260
Not on the Zong. But...
369
00:28:17,260 --> 00:28:18,740
you and those 133 souls
370
00:28:18,740 --> 00:28:21,900
may be concealed
in another vessel altogether.
371
00:28:21,900 --> 00:28:25,060
Trojan Horse.
372
00:28:30,460 --> 00:28:32,860
HE MUMBLES
373
00:28:36,820 --> 00:28:39,260
I will not do it.
374
00:28:40,780 --> 00:28:43,940
I cannot. "Cannot"?
375
00:28:46,580 --> 00:28:48,260
It would be unjust.
376
00:28:49,260 --> 00:28:51,500
A betrayal.
377
00:28:51,500 --> 00:28:53,420
But your loyalty is to me!
378
00:28:55,860 --> 00:28:57,740
I must be true to myself.
379
00:28:57,740 --> 00:28:59,660
And true to him,
because you love him.
380
00:29:05,620 --> 00:29:09,020
You accused me before of delusion,
381
00:29:09,020 --> 00:29:11,100
but now, it's proven.
382
00:29:11,100 --> 00:29:12,620
It's all proven!
383
00:29:14,820 --> 00:29:16,780
Your judgement is all wrong.
384
00:29:28,460 --> 00:29:30,380
I see you make your decision.
385
00:29:42,620 --> 00:29:45,260
'Sharks would always
accompany the ship,'
386
00:29:45,260 --> 00:29:48,740
in expectation of the dead bodies
being thrown over.
387
00:29:48,740 --> 00:29:50,780
They were never disappointed.
388
00:29:50,780 --> 00:29:53,980
And you would wish
to be thrown over yourself?
389
00:29:53,980 --> 00:29:56,380
If I could have gotten
over the nettings.
390
00:29:56,380 --> 00:29:57,420
Nettings?
391
00:29:57,420 --> 00:30:03,740
The assembly of ropes placed
along the sides of the ship to prevent that particular redemption.
392
00:30:03,740 --> 00:30:07,500
And then,
we were truly delivered, Mr Garrow.
393
00:30:07,500 --> 00:30:10,140
In Barbados?
394
00:30:10,140 --> 00:30:13,300
The merchants and planters
came on board
395
00:30:13,300 --> 00:30:16,820
and examined us most attentively,
and then...
396
00:30:16,820 --> 00:30:18,140
they made us jump.
397
00:30:19,660 --> 00:30:20,860
Jump?
398
00:30:21,860 --> 00:30:26,220
Those who could jump the highest
fetched the best price.
399
00:30:26,220 --> 00:30:28,700
A sign of strength and health.
400
00:30:30,380 --> 00:30:31,420
Like this.
401
00:30:33,940 --> 00:30:34,980
< Like this.
402
00:30:36,860 --> 00:30:39,540
You see, Mr Garrow, how high?
403
00:30:39,540 --> 00:30:40,820
Mr Vassa...
404
00:30:40,820 --> 00:30:42,260
Like this.
405
00:30:43,540 --> 00:30:44,580
Like this.
406
00:30:44,580 --> 00:30:47,300
Like this... Gustavus, please.
407
00:30:54,060 --> 00:30:56,980
You will take your place
in the witness box, Gustavus.
408
00:30:59,260 --> 00:31:01,940
You will take your place.
409
00:31:05,780 --> 00:31:07,860
You will initiate proceedings.
410
00:31:07,860 --> 00:31:10,460
At least I shall be master
of my fate in that.
411
00:31:10,460 --> 00:31:15,740
A parliamentary divorce
would amicably allow both sides to remarry.
412
00:31:15,740 --> 00:31:20,860
No, I cannot think that
you could contemplate Garrow as Sarah's new husband.
413
00:31:20,860 --> 00:31:24,460
I cannot think that you
would wish it to be amicable.
414
00:31:24,460 --> 00:31:27,020
Well, then, what is there
for me to do, Lord Melville?
415
00:31:27,020 --> 00:31:33,380
I think you are in want of the
services of a particular attorney.
416
00:31:35,740 --> 00:31:37,980
Mr John Farmer.
417
00:31:41,660 --> 00:31:45,020
Separation from bed and board,
418
00:31:45,020 --> 00:31:48,700
as a legal dissolution
of the marriage,
419
00:31:48,700 --> 00:31:52,260
forbids either party
from remarrying.
420
00:31:52,260 --> 00:31:55,420
It is not my desire to exclude
myself from future happiness.
421
00:31:55,420 --> 00:32:01,300
But it may be that your most express
wish is to prevent such happiness
422
00:32:01,300 --> 00:32:02,860
coming the way of your wife.
423
00:32:02,860 --> 00:32:04,660
Elaborate.
424
00:32:04,660 --> 00:32:08,580
If you seek the greater scope
for punishment,
425
00:32:08,580 --> 00:32:10,420
then your wife will find herself
426
00:32:10,420 --> 00:32:15,140
in a ruinous state of limbo, where
she is neither respectably married
427
00:32:15,140 --> 00:32:18,460
nor free to remarry
and salvage her reputation.
428
00:32:18,460 --> 00:32:22,940
Disgraced,
she would have to rely on the...
429
00:32:22,940 --> 00:32:24,980
charity of the third party -
Mr Garrow.
430
00:32:28,140 --> 00:32:32,220
Thank you, Mr Farmer. I shall, er...
431
00:32:32,220 --> 00:32:34,660
I am at your service.
432
00:32:57,380 --> 00:32:59,420
Lady Sarah Hill?
433
00:32:59,420 --> 00:33:02,860
You have identified me,
may I ask the same of you?
434
00:33:02,860 --> 00:33:07,180
You are served with a citation
from the Court of Doctors' Commons.
435
00:33:32,820 --> 00:33:36,540
Negligence.
Collingwood was negligent.
436
00:33:36,540 --> 00:33:41,020
Not evil, not a murderer, not cruel,
and if you can prise Kelsall apart
437
00:33:41,020 --> 00:33:43,820
on the cause of the dispute,
that may answer to it.
438
00:33:43,820 --> 00:33:47,420
I wish to introduce another
stratagem. You will enlighten me?
439
00:33:47,420 --> 00:33:50,700
Gustavus Vassa.
What evidence can HE provide?
440
00:33:50,700 --> 00:33:53,820
You did say yourself, this case
was about more than insurance.
441
00:33:53,820 --> 00:33:55,980
There may be consequences,
is what I meant.
442
00:33:55,980 --> 00:34:00,260
But I will not have this prosecution
sabotaged by...
443
00:34:00,260 --> 00:34:02,220
pamphleteering and agitation.
444
00:34:02,220 --> 00:34:06,140
And I will not have
this prosecution ignore murder!
445
00:34:04,380 --> 00:34:06,140
KNOCK AT DOOR
446
00:34:09,940 --> 00:34:11,460
Sarah.
447
00:34:19,780 --> 00:34:21,820
I apologise for any intrusion.
448
00:34:21,820 --> 00:34:25,060
I did not have the wits to consider
where else I may seek help.
449
00:34:25,060 --> 00:34:26,100
Help?
450
00:34:37,460 --> 00:34:38,740
Mr Southouse.
451
00:34:41,420 --> 00:34:45,980
If he means to dissolve
the marriage, I cannot say I am surprised by it, but...
452
00:34:45,980 --> 00:34:48,980
I must confess myself ignorant
of the nature of it.
453
00:34:51,100 --> 00:34:53,620
This means of action,
454
00:34:53,620 --> 00:34:56,060
it is a sad thing.
455
00:34:56,060 --> 00:35:00,300
I do not wish delicacy,
Mr Southouse. Enlighten me.
456
00:35:00,300 --> 00:35:02,820
He means to cut you off financially.
457
00:35:07,220 --> 00:35:09,740
What has provoked him in this way?
458
00:35:12,500 --> 00:35:15,380
The session begins early.
459
00:35:20,820 --> 00:35:22,660
So?
460
00:35:23,660 --> 00:35:28,060
You'll tell me why your husband
seeks to disown you?
461
00:35:28,060 --> 00:35:34,100
He is in the grip of an idea
that Samuel is not his,
462
00:35:34,100 --> 00:35:38,100
that I am not faithful,
463
00:35:38,100 --> 00:35:39,740
but most of all...
464
00:35:41,340 --> 00:35:43,620
..he insists that I love you.
465
00:35:48,700 --> 00:35:51,820
Despite how you must have...
466
00:35:51,820 --> 00:35:53,620
refuted every accusation?
467
00:35:55,540 --> 00:35:57,540
His fancies have pushed me here.
468
00:35:57,540 --> 00:36:00,380
But from such fancies,
a truth comes, Will.
469
00:36:01,900 --> 00:36:05,020
I asked you once
in vain to leave him.
470
00:36:05,020 --> 00:36:07,820
Your refusal exhausted
every hope I ever had of you.
471
00:36:07,820 --> 00:36:10,740
Now, you declare your love for me
as Hill seeks to banish you.
472
00:36:10,740 --> 00:36:12,740
I do not come to you seeking refuge,
473
00:36:12,740 --> 00:36:15,780
to hide from the disgrace
he is determined to put upon me.
474
00:36:15,780 --> 00:36:18,260
In fact, I have come to say...
475
00:36:20,060 --> 00:36:21,580
I will own it.
476
00:36:29,220 --> 00:36:30,740
You must not.
477
00:36:51,220 --> 00:36:53,740
I hope you've made arrangements
to live elsewhere.
478
00:36:53,740 --> 00:36:56,820
I attend the Old Bailey today
and I think upon my return...
479
00:36:56,820 --> 00:36:59,660
it is as well
you were no longer here.
480
00:37:03,020 --> 00:37:07,100
Why does your instigation
of the end of our marriage
481
00:37:07,100 --> 00:37:08,980
require only my punishment?
482
00:37:08,980 --> 00:37:12,180
Well, if I'm amicable,
I collude in my own dishonour.
483
00:37:36,420 --> 00:37:37,940
Gustavus.
484
00:37:40,620 --> 00:37:45,140
What do you think induced
Captain Collingwood to mistake Jamaica for Hispaniola?
485
00:37:45,140 --> 00:37:48,180
He identified it
at nine leagues out.
486
00:37:48,180 --> 00:37:51,220
Nine leagues? 27 miles.
487
00:37:51,220 --> 00:37:53,900
27 miles!
CROWD MURMURS
488
00:37:53,900 --> 00:37:58,580
Captain Collingwood
made a wrong identification from a distance of 27 miles.
489
00:37:58,580 --> 00:38:00,420
No more questions, My Lord.
490
00:38:01,940 --> 00:38:06,460
Mr Stubbs, why is your account
of the journey incomplete?
491
00:38:08,660 --> 00:38:10,300
I was taken ill.
492
00:38:10,300 --> 00:38:14,100
Ah. Were you ill while you
were writing your journal?
493
00:38:14,100 --> 00:38:19,300
I had a fever. Would that explain
why your handwriting deteriorates
494
00:38:19,300 --> 00:38:23,300
page by page while your sentences
cease to hold together in any way
495
00:38:23,300 --> 00:38:25,340
that is sensible?
496
00:38:25,340 --> 00:38:27,860
The pen shook in my hand, is all.
497
00:38:27,860 --> 00:38:30,020
And your judgement, Mr Stubbs?
498
00:38:30,020 --> 00:38:32,380
Was that very shaken also?
499
00:38:32,380 --> 00:38:35,540
CROWD LAUGHS
500
00:38:35,540 --> 00:38:36,980
Mr Stubbs,
501
00:38:36,980 --> 00:38:39,820
why were you
a passenger on the Zong?
502
00:38:41,340 --> 00:38:44,300
I was in need of passage. Why?
503
00:38:44,300 --> 00:38:50,060
I had been appointed Governor of
the Annamboe by the African Company,
504
00:38:50,060 --> 00:38:52,020
but I had left there.
505
00:38:52,020 --> 00:38:53,740
Why?
506
00:38:53,740 --> 00:38:55,420
Well, um...
507
00:38:55,420 --> 00:38:57,980
You are under oath, Mr Stubbs.
508
00:39:00,220 --> 00:39:01,860
I was suspended.
509
00:39:01,860 --> 00:39:04,620
CROWD MURMURS
510
00:39:03,020 --> 00:39:04,620
Why?
511
00:39:04,620 --> 00:39:08,700
Abusing my position.
Abusing your position?!
512
00:39:08,700 --> 00:39:10,700
In what way?
513
00:39:12,940 --> 00:39:15,460
Seeking to make private profit.
514
00:39:15,460 --> 00:39:19,780
CROWD LAUGHS
So you found yourself dumped on the coast of Guinea,
515
00:39:19,780 --> 00:39:22,660
until you were picked up
by the Zong,
516
00:39:22,660 --> 00:39:27,540
and then picked up once more by
the insurance company as a witness!
517
00:39:27,540 --> 00:39:29,100
Thank you.
518
00:39:32,980 --> 00:39:34,260
Ma'am!
519
00:39:39,220 --> 00:39:41,260
We shall be reunited yet.
520
00:39:47,180 --> 00:39:50,020
My Lord, I call Gustavus Vassa.
521
00:39:51,020 --> 00:39:54,460
HUBBUB
522
00:40:05,340 --> 00:40:08,860
CHAINS RATTLE
523
00:40:21,980 --> 00:40:27,660
Do not be dissuaded by the hostility
of their reaction. Now is your time.
524
00:40:35,180 --> 00:40:39,380
The whole ship's cargo is confined
together in the hold.
525
00:40:40,900 --> 00:40:43,540
So many that there is no room
even to move your head.
526
00:40:45,060 --> 00:40:47,620
You cannot breathe.
527
00:40:47,620 --> 00:40:50,340
You would not wish to.
528
00:40:50,340 --> 00:40:54,500
The smell of perspiration
is only outdone by the stench of the latrines.
529
00:40:54,500 --> 00:40:56,300
It is unforgettable.
530
00:40:56,300 --> 00:41:01,340
Children fall into the tubs of
excrement. They suffocate in it.
531
00:41:01,340 --> 00:41:05,980
In this pestilential stew,
532
00:41:05,980 --> 00:41:10,220
if you are fortunate, you succumb
to smallpox or gaol fever. My Lord!
533
00:41:10,220 --> 00:41:14,780
Why is this testimony relevant in
a prosecution for insurance fraud?
534
00:41:14,780 --> 00:41:19,300
This fraud involves a journey across
the Middle Passage. You would not wish a narrative upon it?
535
00:41:19,300 --> 00:41:22,540
Only if it relate directly
to the indictment.
536
00:41:22,540 --> 00:41:25,540
Slaves thrown overboard,
necessity or not?
537
00:41:25,540 --> 00:41:28,180
It is never a necessity
to murder us!
538
00:41:28,180 --> 00:41:31,820
Mr Vassa! You will curb your temper!
539
00:41:31,820 --> 00:41:35,620
If I am angry, I am a savage.
540
00:41:35,620 --> 00:41:38,460
If I am sanguine, I am not a man.
541
00:41:38,460 --> 00:41:41,100
Yes.
542
00:41:41,100 --> 00:41:42,740
Quite possibly.
543
00:41:46,940 --> 00:41:53,380
Mr Vassa, will you please give us...
544
00:41:53,380 --> 00:41:57,260
some idea of your experience at sea?
545
00:41:57,260 --> 00:42:00,540
I served in the British Navy
for seven years with my master.
546
00:42:02,500 --> 00:42:07,020
I've worked on merchant ships
on voyages to North America,
547
00:42:07,020 --> 00:42:08,860
the West Indies and the North Pole.
548
00:42:08,860 --> 00:42:14,260
And as such a veteran of the seas,
you are familiar with the notion of a ship rendered "foul and leaky"?
549
00:42:14,260 --> 00:42:18,300
Zong itself described and claimed so.
550
00:42:19,140 --> 00:42:23,620
"By perils of the sea and contrary
currents, the ship was rendered
551
00:42:23,620 --> 00:42:28,140
"foul and leaky, and therefore
retarded in her voyage."
552
00:42:28,140 --> 00:42:33,220
Captain Collingwood and the ship's
owners claim this was because there was crippling worm damage
553
00:42:33,220 --> 00:42:36,300
to the bottom of the boat.
Can you comment?
554
00:42:36,300 --> 00:42:39,340
Shipworm. Teredo worms.
555
00:42:39,340 --> 00:42:41,300
In fact, saltwater clams.
556
00:42:41,300 --> 00:42:43,100
They bore into the submerged timber.
557
00:42:43,100 --> 00:42:45,740
And if I tell you that
the Zong was copper-bottomed,
558
00:42:45,740 --> 00:42:48,140
what say you then?
559
00:42:48,140 --> 00:42:52,500
Any ship that is lined with copper
plating on the underside of its hull
560
00:42:52,500 --> 00:42:55,220
is impervious to Teredo worms.
561
00:42:55,220 --> 00:43:01,020
So the claims, by Captain Collingwood
and the ship's owners, that the ship was rendered foul and leaky...?
562
00:43:01,020 --> 00:43:02,180
Impossible.
563
00:43:02,180 --> 00:43:04,940
CROWD MURMURS LOUDLY
564
00:43:04,940 --> 00:43:06,180
Thank you, Mr Vassa.
565
00:43:07,820 --> 00:43:10,020
No more questions, My Lord.
566
00:43:10,020 --> 00:43:15,740
Garrow excels himself
with the negro.
567
00:43:15,740 --> 00:43:19,700
Captain Collingwood, I am sure
that you are as distressed as I am
568
00:43:19,700 --> 00:43:25,100
that this case has been represented
in some quarters as murder.
569
00:43:25,100 --> 00:43:29,220
A policy no doubt
intended to inflame a jury.
570
00:43:29,220 --> 00:43:33,220
But let us be clear,
so that emotions
571
00:43:33,220 --> 00:43:35,620
do not undermine deliberation.
572
00:43:35,620 --> 00:43:38,420
Let us part company with any claim
573
00:43:38,420 --> 00:43:42,100
that actual persons
were thrown overboard.
574
00:43:42,100 --> 00:43:48,580
This is a case of chattels and
goods. Blacks be goods and property.
575
00:43:48,580 --> 00:43:50,620
This case is the same as if...
576
00:43:50,620 --> 00:43:52,540
horses had been thrown overboard.
577
00:43:52,540 --> 00:43:55,660
My Lord, my learned friend is not
allowing the prisoner to speak,
578
00:43:55,660 --> 00:43:57,820
but addressing the jury
in how they should feel!
579
00:43:57,820 --> 00:44:00,780
Mr Silvester, refrain.
580
00:44:00,780 --> 00:44:02,820
Captain Collingwood, if you will.
581
00:44:04,900 --> 00:44:07,780
It is not the case that the slaves
were thrown overboard
582
00:44:07,780 --> 00:44:11,780
in order to throw the loss
onto the underwriters.
583
00:44:11,780 --> 00:44:15,780
Do you not think the apprehension
of necessity justified
584
00:44:15,780 --> 00:44:19,140
when my crew themselves
suffered such severity?
585
00:44:19,140 --> 00:44:24,980
Seven out of 17 died
on their way to Jamaica, or after their arrival there.
586
00:44:24,980 --> 00:44:29,460
The ship's cargo and the crew
died from want of sustenance.
587
00:44:29,460 --> 00:44:32,340
They did not die
from want of a commander.
588
00:44:32,340 --> 00:44:33,860
< Hear, hear.
589
00:44:33,860 --> 00:44:35,500
Mr Garrow?
590
00:44:36,780 --> 00:44:41,420
Captain Collingwood, you were,
until you took this command,
591
00:44:41,420 --> 00:44:43,740
a slave ship surgeon.
592
00:44:43,740 --> 00:44:45,580
11 voyages as doctor.
593
00:44:45,580 --> 00:44:48,300
But none of them
as captain of a slaver? No.
594
00:44:48,300 --> 00:44:51,660
Your inexperience
did not trouble you?
595
00:44:51,660 --> 00:44:54,780
Nor the owners of the ship.
In fact, they were reassured
596
00:44:54,780 --> 00:44:59,300
that the welfare of those
on board ship would be safeguarded
597
00:44:59,300 --> 00:45:01,020
by my previous experience.
598
00:45:01,020 --> 00:45:04,220
"The welfare of all those on ship."
599
00:45:04,220 --> 00:45:07,260
After your wrong identification
of Jamaica for Hispaniola
600
00:45:07,260 --> 00:45:11,100
and the necessity of sailing back
300 miles to the windward, what did you do?
601
00:45:11,100 --> 00:45:15,500
I chose to hold a consultation
with the crew subsequently.
602
00:45:15,500 --> 00:45:18,300
And what decision taken?
To destroy part of the slaves
603
00:45:18,300 --> 00:45:20,740
and put the rest and the crew
to short allowance.
604
00:45:20,740 --> 00:45:23,540
That was how you rectified
your mistake? To save the ship!
605
00:45:23,540 --> 00:45:26,260
Because the situation
had become catastrophic.
606
00:45:26,260 --> 00:45:29,980
Yes! The ship retarded
by perils of the sea.
607
00:45:29,980 --> 00:45:33,660
The strong current hindering your
already belated journey to Jamaica.
608
00:45:33,660 --> 00:45:35,260
A state of emergency, no less?
609
00:45:35,260 --> 00:45:37,820
Sufficient for the throwing over
to be a necessity.
610
00:45:37,820 --> 00:45:40,220
So, presumably, you seized
the goods nearest to hand?
611
00:45:40,220 --> 00:45:45,860
I beg your pardon? In the dire
circumstances in which you found yourself, you jettisoned at random?
612
00:45:45,860 --> 00:45:48,260
No. Then who did you choose first?
613
00:45:48,260 --> 00:45:51,620
The women and children? The sick?
Those who would sell for least money?
614
00:45:51,620 --> 00:45:56,740
We were in want of water! The
healthiest would need least, would survive best, on short allowance.
615
00:45:56,740 --> 00:46:01,020
The healthiest also fetching the best
price at market, was that not the only real necessity?
616
00:46:01,020 --> 00:46:04,660
Not that you were in want
of water, but that you were in want of the market!
617
00:46:07,220 --> 00:46:10,500
You decided, as the fastidious
servant of your shareholders,
618
00:46:10,500 --> 00:46:15,580
to get rid of any slaves you deemed
to fetch a price of less than the cost of insuring them.
619
00:46:17,820 --> 00:46:22,020
I am a fastidious servant, sir,
of my ship.
620
00:46:22,020 --> 00:46:25,140
If you are so fastidious, then
what became of the ship's log?
621
00:46:33,620 --> 00:46:36,740
Left with the agent in Jamaica,
now lost.
622
00:46:36,740 --> 00:46:39,340
CROWD EXCLAIMS ANGRILY
623
00:46:39,340 --> 00:46:41,300
How convenient.
624
00:46:47,020 --> 00:46:49,340
Anything else, Mr Garrow?
625
00:46:50,860 --> 00:46:52,380
No, My Lord.
626
00:46:53,380 --> 00:46:56,380
Good, then we shall adjourn
until tomorrow.
627
00:46:56,380 --> 00:46:59,060
Court shall rise.
628
00:47:00,780 --> 00:47:05,020
It may be possible
that you have it in your power
629
00:47:05,020 --> 00:47:08,660
to ruin the preening Garrow
entirely.
630
00:47:08,660 --> 00:47:14,580
I may employ a pistol.
Oh, you do not need to challenge him a duel to seek your satisfaction.
631
00:47:14,580 --> 00:47:16,820
Aim at him in another way.
632
00:47:16,820 --> 00:47:19,580
Undo Garrow the man
633
00:47:19,580 --> 00:47:24,940
and we shall see
the noisome barrister removed from the Old Bailey.
634
00:48:36,420 --> 00:48:39,500
THUNDER ROLLS
635
00:48:48,860 --> 00:48:51,380
Mr Farmer.
636
00:48:51,380 --> 00:48:53,020
The writ is already drawn.
637
00:48:53,020 --> 00:48:55,740
On your behalf, I took that liberty.
638
00:48:55,740 --> 00:48:58,340
And so it merely needs serving?
639
00:49:00,020 --> 00:49:01,860
Oh, foul weather.
640
00:49:01,860 --> 00:49:03,380
I could not hope for better.
641
00:49:05,540 --> 00:49:07,780
Who is the man with
Hill and Melville?
642
00:49:09,340 --> 00:49:11,940
It is of no matter.
643
00:49:16,060 --> 00:49:20,260
You know you are not bound
to be character witness for Captain Collingwood.
644
00:49:20,260 --> 00:49:21,420
I know, I choose it.
645
00:49:21,420 --> 00:49:23,420
Oh, come, be honest.
646
00:49:23,420 --> 00:49:26,380
The owners of the Zong choose it.
647
00:49:26,380 --> 00:49:29,100
The muster roll of the ship.
648
00:49:29,100 --> 00:49:32,420
It was your late nephew's name
alongside you.
649
00:49:32,420 --> 00:49:33,980
Daniel, was his name?
650
00:49:33,980 --> 00:49:36,380
I had made assurances
to my sister of his welfare.
651
00:49:36,380 --> 00:49:38,940
And hard to bear knowing
he may still be alive,
652
00:49:38,940 --> 00:49:41,780
but for Collingwood's command.
653
00:49:41,780 --> 00:49:44,500
Was that the cause of your dispute?
No.
654
00:49:44,500 --> 00:49:46,140
No?
655
00:49:46,140 --> 00:49:50,100
Daniel's unnecessary death
did not distress and vex you?
656
00:49:50,100 --> 00:49:55,140
Or was it that there had already
been so many unnecessary deaths?
657
00:50:03,420 --> 00:50:04,900
I cannot answer you.
658
00:50:08,060 --> 00:50:11,100
I was not in attendance
when my wife died.
659
00:50:11,100 --> 00:50:13,820
I should have been at her bed,
660
00:50:13,820 --> 00:50:16,740
but she left this place alone.
661
00:50:16,740 --> 00:50:18,660
But, Mr Kelsall,
662
00:50:18,660 --> 00:50:22,020
you have an opportunity
to attend to your nephew again,
663
00:50:22,020 --> 00:50:25,660
if you think the truth to suffice.
664
00:50:30,900 --> 00:50:33,660
Kelsall is in some difficulty.
665
00:50:35,180 --> 00:50:36,780
And are you, Mr Southouse?
666
00:50:36,780 --> 00:50:38,900
The court session is resumed! >
667
00:50:38,900 --> 00:50:39,980
Come.
668
00:50:53,140 --> 00:50:55,340
I have served with Mr Collingwood >
669
00:50:55,340 --> 00:50:58,820
when he was ship's surgeon and
under him when he was Captain. >
670
00:50:58,820 --> 00:51:01,140
And your opinion of him, Mr Kelsall?
671
00:51:01,140 --> 00:51:03,860
Captain Collingwood is an able man
and a good commander.
672
00:51:03,860 --> 00:51:05,740
And an honest one?
673
00:51:06,740 --> 00:51:07,820
I'm sure of it.
674
00:51:14,820 --> 00:51:16,340
My Lord, if I may?
675
00:51:19,580 --> 00:51:21,820
An honest man?
676
00:51:21,820 --> 00:51:25,500
As you are, Mr Kelsall?
677
00:51:25,500 --> 00:51:27,580
I should like to think so.
678
00:51:27,580 --> 00:51:32,780
Did you have cause to dispute with
Captain Collingwood on any occasion?
679
00:51:32,780 --> 00:51:34,500
There was none.
680
00:51:34,500 --> 00:51:37,780
I remind you, you are under oath,
Mr Kelsall.
681
00:51:39,460 --> 00:51:42,540
Did you think Captain Collingwood's
misidentification
682
00:51:42,540 --> 00:51:46,020
of Jamaica for Hispaniola a mere
mistake, an unavoidable accident?
683
00:51:46,020 --> 00:51:47,580
My Lord...
684
00:51:47,580 --> 00:51:51,580
Mr Kelsall is here to bear witness
to Captain Collingwood's character!
685
00:51:51,580 --> 00:51:54,260
This is pertinent, My Lord.
686
00:51:54,260 --> 00:51:57,140
Allowed. Answer the question.
687
00:52:00,140 --> 00:52:03,940
The mistake having been made,
Captain Collingwood took measures as Commander.
688
00:52:03,940 --> 00:52:07,100
There were only five-and-a-half
Dutch butts,
689
00:52:07,100 --> 00:52:10,260
three full of sweet water,
enough for four days.
690
00:52:10,260 --> 00:52:13,340
Hence the jettisoning and
everyone put on short allowance.
691
00:52:13,340 --> 00:52:17,820
And for some sickly members of the
crew, like your nephew, that proved a fatal development...?
692
00:52:17,820 --> 00:52:21,660
My Lord, what is this to do with
the character of Captain Collingwood?
693
00:52:21,660 --> 00:52:25,340
I'm trying to get at Mr Kelsall's
proper estimation of the man!
694
00:52:25,340 --> 00:52:28,500
Then ask a question which
demonstrates it! Did you feel...
695
00:52:28,500 --> 00:52:32,780
that Captain Collingwood's actions
were ultimately responsible for the death of your nephew?
696
00:52:32,780 --> 00:52:35,340
Was that the reason for the dispute
that you will not own to,
697
00:52:35,340 --> 00:52:37,140
and why you were suspended
as first mate?
698
00:52:37,140 --> 00:52:40,180
It was none of that! Then what
was it you found so hard to take,
699
00:52:40,180 --> 00:52:41,620
that you could not contemplate?!
700
00:52:41,620 --> 00:52:45,620
Sir... Some change, Mr Kelsall, some
change that made all the difference.
701
00:52:57,380 --> 00:52:58,980
It rained, sir.
702
00:52:58,980 --> 00:53:01,580
CROWD MURMURS
703
00:53:01,580 --> 00:53:03,380
< It rained.
704
00:53:06,820 --> 00:53:10,380
A heavy downfall on 30th November.
705
00:53:15,380 --> 00:53:18,340
We collected hundreds
of gallons of rainwater.
706
00:53:20,260 --> 00:53:22,860
HE BREATHES HEAVILY
707
00:53:25,860 --> 00:53:27,900
CROWD REACTS ANGRILY
708
00:53:28,900 --> 00:53:33,740
But despite this, on 1st December,
more slaves were thrown overboard.
709
00:53:35,660 --> 00:53:38,980
That was why Captain Collingwood
suspended me as First Mate.
710
00:53:40,780 --> 00:53:43,300
Because I would not
go along with it.
711
00:53:45,420 --> 00:53:49,540
There was no need to throw over
any more blacks.
712
00:53:49,540 --> 00:53:50,940
There was no want of water.
713
00:53:50,940 --> 00:53:52,260
My Lord,
714
00:53:52,260 --> 00:53:55,300
I wish the jury and the Court
to note that the witness may have
715
00:53:55,300 --> 00:53:57,860
perjured himself,
and therefore any evidence...
716
00:53:57,860 --> 00:54:00,020
How so, Mr Silvester?
717
00:54:00,020 --> 00:54:04,340
He describes Captain Collingwood
as an able commander, then condemns him.
718
00:54:04,340 --> 00:54:08,700
My Lord, I would submit that
Mr Kelsall does not perjure himself.
719
00:54:08,700 --> 00:54:12,700
Captain Collingwood IS...
an able commander.
720
00:54:12,700 --> 00:54:18,060
If, as captain of a slaver,
his duty is to make a profit...
721
00:54:19,060 --> 00:54:20,860
..he did so,
722
00:54:20,860 --> 00:54:26,260
by ridding himself of slaves
that were unlikely to fetch what they were insured for.
723
00:54:26,260 --> 00:54:28,700
In that, he has been most able.
724
00:54:36,780 --> 00:54:40,740
It is certainly worthy of
observation that our legislator
725
00:54:40,740 --> 00:54:44,940
can, every ,session find time
to enquire into and regulate
726
00:54:44,940 --> 00:54:49,620
the manner of killing a partridge,
727
00:54:49,620 --> 00:54:52,340
that no abuse be committed,
728
00:54:52,340 --> 00:54:55,340
that he be shot...fairly...
729
00:54:55,340 --> 00:54:59,380
Well...we shall let that be. >
730
00:55:00,900 --> 00:55:05,820
I am not required to direct you
on slaves as goods, >
731
00:55:05,820 --> 00:55:11,060
but merely whether these goods
were jettisoned voluntarily or in necessity.
732
00:55:11,060 --> 00:55:17,140
The claim of necessity
was false and fraudulent
733
00:55:17,140 --> 00:55:21,340
if they were thrown over
after the rain,
734
00:55:21,340 --> 00:55:25,140
about which you now must decide.
735
00:55:25,140 --> 00:55:27,780
HUBBUB
736
00:55:34,780 --> 00:55:37,140
You have reached a verdict? >
737
00:55:37,140 --> 00:55:41,220
We have. How do you find the prisoner
charged with this indictment? >
738
00:55:41,220 --> 00:55:42,900
Guilty or not guilty? >
739
00:55:44,420 --> 00:55:45,900
Guilty. >
740
00:55:45,900 --> 00:55:48,420
HUBBUB
741
00:55:48,420 --> 00:55:52,820
But we humbly...
make recommendations...
742
00:55:52,820 --> 00:55:53,900
for mercy.
743
00:55:53,900 --> 00:55:55,700
MEMBER OF CROWD:
Whoa-ho!
744
00:55:55,700 --> 00:55:57,140
My Lord! >
745
00:55:58,660 --> 00:56:02,580
We also wish to make
a recommendation to mercy.
746
00:56:02,580 --> 00:56:06,180
Liverpool Assurance do not
wish to take a... >
747
00:56:06,180 --> 00:56:09,340
moral position in this action.
748
00:56:09,340 --> 00:56:11,340
Very well. >
749
00:56:11,340 --> 00:56:16,500
Captain Collingwood, I sentence
you to two years' imprisonment.
750
00:56:16,500 --> 00:56:19,540
You will be put on a hulk ship.
751
00:56:20,740 --> 00:56:22,460
Court shall rise!
752
00:56:25,420 --> 00:56:27,460
Do you mock me, Buller?
753
00:56:27,460 --> 00:56:30,340
The law will not do your bidding,
754
00:56:30,340 --> 00:56:33,380
nor confound Mr Garrow for you.
755
00:56:33,380 --> 00:56:37,020
I do not need the law when I have
the consent of decent Englishmen.
756
00:56:37,020 --> 00:56:40,620
A man who showed no mercy
757
00:56:40,620 --> 00:56:43,340
receives the mercy
of his English peers?
758
00:56:46,260 --> 00:56:49,260
There were but 12 men there,
759
00:56:49,260 --> 00:56:51,980
not a country,
760
00:56:51,980 --> 00:56:54,700
and I hope the country will make
its own verdict.
761
00:57:22,020 --> 00:57:24,580
Very satisfactory, Mr Garrow,
very satisfactory.
762
00:57:24,580 --> 00:57:26,420
You are very easily satisfied,
I think.
763
00:57:26,420 --> 00:57:28,820
Is not fraud discouraged here?
764
00:57:28,820 --> 00:57:30,620
And murder also, I would venture.
765
00:57:32,660 --> 00:57:35,340
You are no longer mindful of
your opportunities in the North?
766
00:57:35,340 --> 00:57:39,700
I am too mindful of
how I have scraped, bowed and pleased these last few weeks.
767
00:57:39,700 --> 00:57:43,980
It is even less pretty
than when you are curmudgeonly. Well, I know nothing of that.
768
00:57:48,980 --> 00:57:50,060
William Garrow?
769
00:57:50,060 --> 00:57:52,060
You have business with me, sir?
770
00:57:52,060 --> 00:57:56,540
You are served with a writ
from the Court of King's Bench,
771
00:57:56,540 --> 00:58:00,380
in the name of an action for damages
by Sir Arthur Hill.
772
00:58:05,900 --> 00:58:09,780
For the act of Criminal Conversation
with the plaintiff's wife.
773
00:58:23,580 --> 00:58:26,020
You spin gold from nothing,
Mr Jasker.
774
00:58:26,020 --> 00:58:27,620
I do?
775
00:58:27,620 --> 00:58:31,300
My reputation in society
will be entirely done away with if this accusation prevails.
776
00:58:31,300 --> 00:58:34,420
You must take great pains
not to be identified together.
777
00:58:34,420 --> 00:58:36,660
You can contrive to have them
so identified?
778
00:58:36,660 --> 00:58:38,860
You are intent on avenging a fiction!
779
00:58:38,860 --> 00:58:40,540
A dumb show that you have put on!
780
00:58:41,540 --> 00:58:43,660
No! No!
781
00:59:04,060 --> 00:59:07,140
Subtitles by Red Bee Media
782
00:59:07,140 --> 00:59:10,740
E-mail subtitling@bbc.co.uk
783
00:59:10,790 --> 00:59:15,340
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Easy Subtitles Synchronizer 1.0.0.0
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