The Witness

Bill farewells his family for the final time as he sets off for Ballarat

Terry Stapleton

John Barningham

*"Godfrey tries to manipulate Billl out of the Royston trial - without success. Amy goes out with a young philanderer, Alan Manning, and discovers that Tommy is drinking heavily.*

*The Royston trial begins and Arthur finds a witness in Ballarat who can supply an alibi for Royston.*

*Bill flies to Ballarat to bring the witness back to Melbourne. On the way home the aeroplane crashes and the witness and Bill are killed"* - Crawford Productions

## Plot

Gerard drives Godfrey to Bill's house and they wait out the front for him to leave for work.

Inside, Jennifer and Bill discuss Godfrey and his inflexibility before Bill leaves for the office.

Seeing Bill exit, Godfrey offers Bill a ride to the office, Bill declines the offer preferring to walk and Godfrey decides to walk alongside him. Godfrey tells Bill that it's terribly important that they make things right between them. He apologises for his anger and words from the previous night stating that they've have such nights before and survived them. Bill demands that Godfrey apologise to Jennifer, to which Godfrey agrees.

Margery attends upon Jennifer at her home, telling her that Hamilton telephoned Robert this morning whilst they were eating their breakfast, to say that he had heard the rumours that Carson & Carson were defending Royston and threatened to take the Church business to another firm. Margery requests that Jennifer drop the "insane idea" of representing Royston before she does anymore damage. Jennifer responds saying that Royston in entitled to a fair defence. Margery believes that Hamilton is the first of many clients who will take their business away from Carson & Carson if the firm takes on the Royston case. Jennifer thinks that this idea is absurd. Margery dramatically declares that the practice, the family, will never recover - and that all Jennifer cares about is herself.

During their walk to work, Bill explains that he and Jennifer are determined to see that Royston gets a fair defence. Godfrey states that his supports that notion whole-heartedly, however he does not wish for his family practice to be blatantly associated with the case. He suggests that the firm arrange for another barrister Andrew Riley to defend Royston. Both Godfrey and Bill agree that Andrew Riley is probably the best criminal barrister in the state. Bill doesn't think that Andrew Riley will take on the Royston case, but Godfrey states that Andrew owes him a favour and he believes that he can convince him to take the case on. Godfrey tells Bill he is even willing to pay Andrew Riley's fees himself. Godfrey tells Bill that he is very important to him, and he doesn't want to argue over a thing like this. Bill believes it sounds like a reasonable compromise but wants to first discuss it over with Jennifer.

At Carson & Carson, Godfrey asks Robert if he has heard anything more from Hamilton. Robert replies that he has not, so Godfrey asks him to contact Hamilton immediately and tell him that there is absolutely nothing for him to worry about. Jennifer arrives at the office and after greeting Mrs Brookes and Arthur, asks that Arthur collect the Royston disposition from Crown Law. Arthur is jolly-excited about taking on the Royston case and believes that Bill and Jennifer will give him a fine defence.

Arthur comments to Mrs Brookes that he thinks Jennifer is "smashing" and that its a shame that Godfrey doesn't see it. Mrs. Brookes agrees that Jennifer is a fine person but believes that she will need more than spirit to deal with the Royston case.

Jennifer goes into Bill's office and they discuss Godfrey's idea of Andrew Riley taking over the Royston case. Jennifer is suspicious of Godfrey's abrupt change of attitude. Bill assures her that it was Godfrey's own idea, that he didn't want the family split over the matter and that this was his compromise. Jennifer tells Bill about her earlier visit from Margery and admits that she was starting to wonder if it was all worth it. Bill tells Jennifer that he has thought through Godfrey's proposal very carefully, and that Riley is undoubtedly a better defence lawyer than he is. Jennifer looks at Bill knowingly, and says that she feels "almost relieved". Bill agrees. Robert then enters Bill's office and congratulates both him and Jennifer for being "realistic". Robert then lets it slip that he and Godfrey attended upon Riley earlier that morning, prior to Godfrey speaking with Bill, and that Godfrey was very persuasive. Riley had agreed to take on the case and was sure he could get Royston to cooperate - that is plead guilty to the lesser charge of manslaughter. Bill angrily storms straight into Godfrey's office.

Bill tells Godfrey that he has deceived him and he will not tolerate it, and certainly not over this issue. Bill tells him that it is unforgivable, that Godfrey still does not understand, and that he can't help himself hatching up a devious plan with Riley to have Royston plead. He accuses Godfrey of manipulation and dirty deals. Bill boldly declares that there is no point in any further discussion with Godfrey and that if anyone wants him he will be with his client George Arthur Royston.

Realising what he has done, Robert sheepishly enters Godfrey's office just as Bill is storming out. He awkwardly explains to Godfrey that perhaps he misunderstood their earlier conversation, and may have revealed too much information to Bill and Jennifer. Godfrey stares at him sternly.

Bill and Jennifer attend the prison to speak with Royston. Bill questions Royston about the witness who can support his alibi. Royston confirms that he was with a man called Charlie Templar between 6.00pm and 7.30pm - the time that police say the schoolgirl was murdered. He further states that he tried to give this information to police but that 'the cops didn't want to hear any information about any alibi".

Bill tells Royston that the prosecution have witnesses that will testify that they saw Royston and the murdered schoolgirl together, and that he was giving her drinks. Royston angrily declares that they are liars.

Royston confirms that Charlie Templar came to visit him about a business matter, and reluctantly admits that Templer had asked him to "flog some goods" from a jewellery store that he had stolen them from in Toorak. Royston confirms that he had helped Templar out with this sort of thing before but had refused this time as he was done with all of that. Royston confirms that he didn't want to tell Bill and Jennifer this as he didn't want to get Templar into trouble.

Jennifer asks where she and Bill can find Templar so that they can talk with him. Royston responds that that was the other problem, that he was scheduled to leave that night. Jennifer comments that their opponents would call that "very convenient". Royston gets angry and tells Bill and Jennifer that Charlie Templar, a transient shearer by trade, had come down to Melbourne from Ballarat and he had returned to Ballarat that night.

Bill asks Royston if Charlie Templar can be located, would he actually testify for Royston. Royston thinks that he probably would if it meant saving him from "the rope". Royston describes Templar to Bill and Jennifer as a "huge bloke, tall and heavy...dark hair and sort of wavy". Royston earnestly finally declares that he "had no part in this murder...find Charlie Templar. He'll back [him] up."

Bill concludes the interview with a sigh saying "let's see what [they] can discover in Ballarat".

Back at the office, Arthur confirms to Bill that he has booked himself a train ticket bound for Ballarat and it leaves in 2 hours. Arthur asks Bill if he is sure that this will be alright with Godfrey, and Bill assures him that he will take care of it. Jennifer tells Arthur that locating Charlie Templar is terribly important to Royston's defence, and to thoroughly check all shearing contractors and hotels, etc. Arthur excitedly replies that if Templar is there, he will find him!

Bill tells Arthur to let Charlie Templar know that Carson & Carson will cover his transport, food and lodging costs if he agrees to testify at the Royston trial. Arthur tells Bill and Jennifer not to worry, this is his first murder case and he shan't be losing it.

Margery and Robert get ready for bed. Robert has clearly been drowning his sorrows bemoaning the fact that he has been working like a "draught house" for months on the Church accounts, bowing to Clive Hamilton and now it's all been for nothing. He thinks that he is unlikely to secure the Church accounts or his bonus money. Margery tells him she is aware of this and demands to know what he is going to do about it. Robert replies that he is having a drink, that is what he is doing about it. Margery scolds him and tells him he has had "quite enough". Robert in an unusual moment of assertion with Margery, replies that he will decide when he has finished drinking. Margery decries that it is nice to see him "decisive about something" and asks him why he always lets the family step on him, and why Bill must always have his own way. Robert tells her it has always been the same, even when they were boys Bill was always the number one son.

Robert tells Margery that he can't stand it any longer, that he wants to go out on his own and be free of his family. Margery moans at him "that old song again", and chastises him for working hard all these years and then wanting to get out and start again at the bottom. She reminds him to think of the financial ramifications and tells Robert he could be free now if he stood up to Godfrey and Bill.

Arthur now in Ballarat, telephones Jennifer from the Railway Hotel telling her he has had no luck in the two days he has been in Ballarat finding a single trace of Charlie Templar. Jennifer tells him it is very disappointing but to keep looking, that Charlie Templar is just about all that they have got. He tells Jennifer that he will continue to search and do his best.

Mrs Brookes overhearing Jennifer's conversation, tells her that the case is not sounding good. Jennifer thinking out aloud states that there must be some way of finding out more about Charlie Templar.

Later that evening, Jennifer attends Vic's house. Vic explains that there isn't anything he can do for Jennifer. Jennifer tells him that they have reached a dead end and that surely Charlie Templar has a criminal record. She asks for any information about his associates, places he has lived, any information that would enable them to track Charlie Templar down. Vic tells her that it is not official police business, and he can't just go in and search Templar's record, not even for her. Jennifer tells him that it is in fact police business, as the case is still under investigation. He tells her that even if this was the case, that he can't share that information with her. Jennifer sighs in frustration.

Back at the Carson household, Gerard escorts Alan Manning inside to await Amy, and offers him a drink. When Amy comes down, Alan assures Godfrey that they are just attending the pictures and then he will escort Amy straight home. Alan then actually takes Amy to a smashing party where there is lots of dancing and drinking. Amy asks after Tommy, but he is nowhere to be found.

Despite attending with Amy, Alan is asked by a friend Hazel to dance with her. When he declines, Hazel cheekily asks him to sleep with her then kisses him in front of Amy - much to her chagrin. Tommy then spots the pair and tells Alan he is going to Jack's place and asks Alan if he will be joining him. Alan replies "not tonight old man" and Amy worriedly tells Tommy to go home because he drunk. Tommy says that "the world ended today" as Godfrey was about to pay them all bonuses but for Jennifer interfering. Tommy then asks Alan if he can borrow a few quid. Alan responds "not really", and with that Tommy storms off stating he hopes he meets better friends at Jack's place.

Amy tells Alan she is worried about Tommy, and although she knew he drank she has never seen him like this. Alan tells her that Tommy has got some worries "one way or another which haven't been helped by [his] dragon lady sister-in-law". Amy questions Alan as to whether he has met Jennifer, and although Alan replies that he met her quickly at the party the same night he met Amy. Amy tells him that he doesn't know anything about her and to keep his views to himself. Alan asks if they can start their evening again, he will go and get Amy another drink and then they can dance. Amy strongly replies that she is not impressed by any of this and that she refuses to pretend and she asks that he take her home.

At the Carson household, Felicity tells Godfrey that she had a lovely dinner but thinks perhaps she should go straight home as she senses that he would prefer to be alone. Felicity asks if she can help Godfrey with anything. Godfrey responds that it is a family issue and quite beyond help. He tells Felicity that he tried to talk Bill out of the Royston case but he wouldn't listen and now he cannot even talk to him. Felicity again asks if she can help and Godfrey kisses her and asks for her forgiveness, and then leads her to his bedroom. Amy arrives home just in time to see them disappearing up the stairs.

At Bill and Jennifer's house, they are joined at breakfast by Vic. Vic asks for more tea and Jennifer noting that this is unusual asks Vic if he had a big night out on the town. Vic responds that he had of sorts, and asks if Bill and Jennifer have made any progress in their search for Charlie Templar. Bill replies that they haven't found out a thing about Templar. Jennifer concedes that obviously Royston was lying about Charlie Templar. Vic tells Jennifer not to jump to conclusions, that Mr Charlie Templar operates under at least two aliases "James Edward Robinson" and a "Cecil Thompson". Vic explains to Jennifer that although he didn't check his criminal record, he asked around and bought a few drinks in the "right quarters".

Bill excitedly jumps up to telephone Arthur and let him know straight away and tells Jennifer to make Vic another pot of tea!

At Carson & Carson, a client Ted Osgood awaits Bill's arrival and tells Tommy that he is using the office as a baking facility over the weekend in anticipation of a property settlement on Monday. Upon his arrival Bill apologises for his tardiness, and tells Mr Osgood and Mrs Brookes to come straight through to his office. After greeting Jennifer, Tommy takes the opportunity to sarcastically ask if she has "found the real murderer yet". She wryly glares at him.

In Bill's office, Ted Osgood hands Bill an envelope containing £3,000.00. Bill tells him that it will be secure over the weekend in the safe in his office and asks Mrs Brookes to prepare a receipt.

Godfrey arrives at the office just as Ted is leaving and Bill greets him. Godfrey doesn't respond, and walks into his office. Mrs. Brookes tells Bill that the £3,000.00 is locked in the safe in his office and provides the key to Bill.

Later that evening at home after finally getting Sam to bed, Jennifer and Bill discuss the Royston case. It is the night before trial and Bill tells Jennifer that he could do with some more time. Jennifer apologises for getting Bill into something he just didn't need. Bill tells her that she is responsible and that he hasn't felt this good about being a lawyer in "a long, long time". They passionately kiss and Billy walks in on them and coyly apologises. Bill tells him to come in just as Sarah returns home after having dinner with Louise Cartwright. Sarah tells her family that Mr. Cartwright kept on asking her questions about the Royston case. Sarah tells them that he couldn't understand why Bill and Jennifer would be defending Royston and she didn't know what to tell him.

Jennifer asks Sarah if she understands why they are doing the case. Sarah responds that she doesn't actually, that that "awful man murdered her didn't he?". Sarah tells them that it's in all of the papers and that is what everyone is saying. Bill asks Sarah if she believes a man should be condemned just because of what people are saying. Sarah replies no, that she doesn't think that would be right. Bill explains to Sarah that if that is what she believes that then she can understand why they are defending Royston. Sarah now has a light bulb moment, and tells Bill she will tell Louise tomorrow, and Louise can tell her father. Billy tells Bill and Jennifer that he admires what they are doing very much and wishes them both luck. Sarah and Billy then say goodnight and head to bed.

Bill tells Jennifer he was hoping to have heard from Arthur about Charlie Templar by now, and Jennifer tells him he is just going to have to start without him.

The first day of trial has arrived, and the Supreme Court is full to the brim. Bill makes an application for a change of venue due to the media scrutiny that Royston has endured locally. Judge Warren asks Bill whether he has reason to believe that public interest will be any less intense elsewhere, and then sarcastically suggests Sydney, Darwin or Tasmania as possible venues. The public gallery chuckle at this notion. Bill responds that he takes it that it is obviously His Honour's view that a change of venue would achieve little. The Judge agrees.

Bill then makes a further application that the trial be adjourned for some weeks to permit public feeling to subside. Judge Warren states that public feeling could well intensify and if the adjournment is granted could create further indignation. Bill states that that is the risk his client will have to take. The Judge states that it is not a risk that the Court is obliged to share, unless of course the prosecution has something further to add.

Prosecutor Bradford responds that His Honour will instruct the jury to ignore rumour and gossip and consequently, Bill's application is refused. The jury is brought in and the trial commences.

Government Analysist James Price is in the witness-box. During examination in chief by Prosecutor Bradford, Mr Price tells the Court that his examination revealed a number of hairs matching those of the deceased schoolgirl, on the blanket taken from Royston's wine cellar. Mr Price had compared hairs from the deceased in terms of their colour, courseness and cross section. The blanket is tendered into evidence as "Exhibit 5".

During cross-examination, Bill asks Mr Price when he last examined hairs from a women's head. Mr Price answered that it was some time ago, and when pushed further clarifies that it has been several years. Bill cleverly asks Mr Price "and you said the hairs found on the blanket were the same hairs as those cut by police from the deceased?" and Mr Price responds "yes". Bill continues "literally?" and a panicked Mr Price backtracks "oh no I meant similar". Mr Price further concedes under cross-examination that many of the hairs found on the blanket differed somewhat in colour to those of the deceased, but explains this by stating that some hairs could have had more exposure to sun. Bill wraps up his cross-examination of Mr Price stating that he was now using words such as "could and may" which Bill suggests is moving from "evidence to possibility" which are vastly difference. The Court is abuzz with murmurs.

Prosecutor Bradford now begins his examination in chief of Dr Wilcox who had examined the deceased and was present during the autopsy. He provides evidence that the child died from asphyxiation. During his evidence, Mrs Brookes quietly hurries into the court room and passes note to Jennifer telling Bill to "telephone Arthur urgently in Ballarat". Jennifer brings the note to Bill's attention. Noticing this, Judge Warren sarcastically asks Bill whether he had "domestic matters to discuss with wife" and that he hoped trial wasn't too much of a distraction. Bill apologies to the Court.

Dr Wilcox continues his evidence stating that the bruising on the deceased is consistent with manual strangulation. Judge Warren interrupts Dr Wilcox at this point and asks Prosecutor Bradford if evidence he was about to lead relates to sexual molestation of the schoolgirl. Upon the Prosecutor confirming it was, the Judge announces that he thinks it is appropriate that any females present in Court leave. Prosecutor Bradford agrees with this view. Bill noting that it is 12.45pm, suggests that it is an appropriate juncture to adjourn the case until after lunch. Judge Warren agrees stating that Dr WIlcox can resume his evidence after lunch and adjourns the trial until 2.15pm and further orders that no females be admitted to court, exempting Jennifer but asks Bill to consider the appropriateness of her remaining.

At the office Bill telephones Arthur who exclaims that he has found Charlie Templar aka James Edward Robinson. Bill excitedly congratulates him. Arthur explains that Charlie had been stopping at the Railway Hotel the whole time under that alias. Bill tells Arthur that they will arrange to bring Charlie Templar back on next train and tells him not to let Charlie Templar out of his sight until he arrives. Bill then asks Jennifer to prepare a subpoena for Charlie Templar this afternoon and Jennifer doesn't think Judge Warren will really miss her in Court!

Court resumes and predictably Judge Warren comments that Jennifer showed good judgment by not attending for the rest of Dr Wilcox's medical evidence and Bill corrects him explaining that Jennifer had important business to attend to. Judge Warren thinks that such business was most timely!

Prosecutor Bradford then commences his examination in chief of Ms Molly Farrell who states that she can tell the court "a thing or two about Royston". The Prosecutor then asks whether she was present at Royston's wine cellar on 30 June at 4.00pm. Ms Farrell responds that she was as a friend invited her in for refreshment. Did she notice anything unusual? Ms Farrell noticed a young girl in there drinking wearing her school uniform. Ms Farrell clarifies that she didn't know who she was but found out pretty quickly the next day when she read the newspapers. Bill objects. Judge Warren warns Ms Farrell to "never mind what [she] read" and to confine herself to answering the question. Ms Farrell continues that she saw George Royston the next day and said "I see about this murder...why'd you do it?...in your place I saw her". Ms Farrell states that Royston said that the schoolgirl was drinking lemonade and that she retorted that she knew him too well.

Jennifer quietly enters the courtroom as Ms Farrell continues telling the court that she told Royston that she knew what he was like with little children. Bill objects once again - Ms Farrell's comments are most prejudicial! Judge Warren instructs the jury to disregard Ms Farrell's last comment and reminds her from refraining to continue to make personal comments

Ms Farrell then tells the Court that Royston told her he had done it and had said "i pressed around her with my hands. I didn't meant to kill her it was my passion that did it".

Frustrated at hearing this, Royston jumps to his feet in court and screams "LIES...ALL LIES", Bill and Jennifer trade worrying glances at one another.

Back at Bill and Jennifer's house, Sam asks Jennifer if "planes are faster than trains" to Ballarat. Jennifer responds places are a lot faster and that is why Bill is flying to Ballarat in the morning. In the other room Bill is on the phone exasperated stating "it can't be that urgent...alright alright just calm down" and stating that he'd be in shortly.

As he hangs up, he explains to Jennifer that he must go into office as something has cropped up. Sam asks Bill if he is going to Ballarat for another murderer and Bill tells him that Jennifer can explain all of that to him as it was her idea. Sam tells Jennifer that at school everyone is saying that his dad knows all the murderers.

Bill returns home late and climbs into bed. Jennifer is already asleep, he wishes her goodnight and lies there wide awake with a worried look on his face.

In the morning, Bill leaves for Ballarat and kisses everyone goodbye. Jennifer asks again why he went out the previous night and Bill tells her he will be home tomorrow and will explain it all then. Jennifer tells him to be careful and again kisses him goodbye.

At Godfrey's house, Robert tells Godfrey that Bill has chartered an aeroplane to Ballarat. Godfrey tells Robert that he will speak to Bill about it when he returns tomorrow.

In Ballarat, Bill meets up with Arthur and Charlie Templar. Arthur tells Bill that he hopes that Charlie Templar doesn't give him any worry on the flight on the way home and Bill tells him not to worry. Bill apologises for not being able to take Arthur back on the plane, there was unfortunately not enough room. Arthur says that train will do him just as well.

At home, Jennifer tells Eileen that Bill home for dinner and Eileen thinks its just as well she saved the mutton. There is an unexpected knock at door. It is Vic and he is in his uniform. Vic quietly approaches Jennifer and tells her that there has been a shocking accident. The plane crashed not long after left Ballarat. Everyone is gone, the pilot, Charlie Templar and Bill. Jennifer looks at him shocked.

## Quotes

*"The final insult, the unforgivable insult is that you still don't understand"* Bill

> *"I understand that you're raising your voice"* Godfrey
>
>

> *"If anyone wants me I'll be with my client George Arthur Royston".* Bill (9.38)
>
>

*"It's always been the same, even when we were boys he always won at everything. he was the number one son, the crown prince, the family pride, the number one son of the Carsons'"* Robert about Bill (16.10)

*"I don't like this party. I don't like any of your friends and don't particularly like you."* Amy to Alan Manning (23.27)

*"The truth is she seduced Bill into this terrible Royston case, hurt the firm, split the family and probably damaged Tommy's political opportunities irrevocably...the family has never been the same since she married Bill...argh this case!"* Bill about Jennifer (24.19)

*"The things I have said to him, such terrible things...I'm not sorry because I'm right."* Godfrey about Bill (24.45)

*"When I first began to practice I was so idealistic, going out to do battle against injustice then time passes and you find yourself buried under a mountain of conveyancing and company law and all that...you're responsible for getting me back to where I want to be*" Bill to Jennifer (29.18)

## Trivia

This episode screened on 25 January 1983 in a 2 hour special back-to-back with Requiem.

This is the final episode starring Jon Sidney as Bill Carson.