consider the actual events which led to the death of Mr Commissah. These were closely examined during the trial, but it is still uncertain as to what really happened.
All that is known for sure is that Mr Commissah, a professional mime artiste who used the stage name ‘Commis’, was performing his act at the Teater Sjøkaptein in the town of Omhuuv, on Goorn in the Hetta Group. At the time of year when this happened, Teater Sjøkaptein was used as a palace of varieties for summer visitors. During his performance, Mr Commis died when a large piece of plate glass fell suddenly from the rigging loft above the stage. It landed directly on him and he was killed instantly.
Several working men had been seen around the theatre in the days before this, they had been seen in the theatre on the day of the incident, and some of them, supposedly including Kerith Sington, were seen to be running away immediately afterwards. Several members of the audience, and representatives of the theatre’s staff and management, all gave evidence in court to corroborate this. It was never clear what motives there were. Nor was it clear how the plate glass (which was exceedingly heavy) could have been carried up to the loft. And it was never clear how the glass was dropped on or aimed at the victim below.
In the end, the existence of the confession, garbled and self-contradictory as it might have been, was seen to be the principal incriminating evidence, and the judge directed the jury accordingly on the weight they should give it.
One of the matters that came up briefly in evidence at the trial, but was not followed up due to the absence of the crucial witness, was an incident that occurred shortly before the death of Commis.
It seemed that the ship of the line for which Sington worked – Muriseay Marine – had hove to in the fjord outside Omhuuv, and was undergoing routine repairs. It was alleged by the prosecution that Sington had been transferred to this ship after the Galaton was lost. All the crew, including Sington if he were part of it, were given shore leave.
It is then alleged that as was his wont, Sington fell in with a group of others. These young men had apparently been given casual labouring work by the Teater Sjøkaptein , which involved clearing rubbish, moving pieces of unwanted scenery, transporting performers’ equipment to and from the station, and so on. They had the use of an antiquated truck. The job gave them access to the theatre and almost certainly accounts for the number of times they were seen in the vicinity of the building.
On the day of the fatal incident the young men were tossing some wooden flats on to the carrying compartment of the truck, and were making a lot of noise. This was witnessed by several passers-by, two of who later gave evidence in court. One witness said he was convinced the men were all drunk, or high on drugs. What then happened was that a third passer-by, irritated by the amount of shouting and banging going on, called up to the men to work more quietly. The group of men shouted back at him, using obscenities and taunting him.
The other witnesses, who did not become involved in the brawl that followed, were clear in what happened.
The third passer-by – to identify him clearly – was of distinctive, not to say eccentric, appearance. He was short and squat (one witness said he was heavily muscled), had a lot of facial hair, and was wearing brightly coloured leisure clothes, unsuited to the early-spring weather. Both the witnesses who gave evidence felt that his remarkable style of clothes almost certainly aggravated the situation. Several of the taunts that were heard were about the way he was dressed. In any event a fight quickly started, with all four of the young men, including, it was alleged, Sington, punching and scrapping in the street around the truck. The third passer-by fought violently and effectively, knocking at least two of his assailants to the ground and briefly winding