A Prisoner of Birth (49 page)

When Munro arrived at his club just after eleven-thirty, he found Miss Davenport waiting for him in the guest lounge. The first thing he needed to ascertain, and very quickly, was whether she was up to the job. That took him about five minutes. He had rarely come across anyone who grasped the salient points of a case so quickly. She asked all the right questions and he could only hope that Sir Nicholas had all the right answers. By the time they parted, just after midnight, Munro was in no doubt that his client was in good hands.

Sarah Davenport hadn't needed to remind Munro of the court's attitude to prisoners who broke their parole conditions, and how rarely exceptions were made, especially when it came to traveling abroad without seeking approval from their probation officer. Both she and Munro were fully aware that a judge would probably send Nick back to prison to complete the remaining four years of his sentence. Miss Davenport would of course plead
"mitigating circumstances," but she wasn't at all optimistic about the outcome. Munro had never cared for lawyers who were optimistic. She promised to call him in Dunbroath the moment the judge had delivered his verdict.

As Munro was about to make his way upstairs to his room, the porter told him there was another message, to call his son as soon as possible.

"So what's so urgent?" was Munro's first question as he sat on the end of the bed.

"Galbraith has withdrawn all his pending writs," whispered Hamish Munro, not wanting to wake his wife, "as well as the trespass order demanding that Sir Nicholas vacate his home in The Boltons within thirty days. Is this total capitulation, Dad, or am I missing something?" he asked after he'd quietly closed the bathroom door.

"The latter, I fear, my boy. Galbraith's done no more than sacrifice the irrelevant in order to capture the only prize that's really worth having."

"Getting the court to legitimize Sir Alexander's second will?"

"You've got it in one," said Munro. "If he is able to prove that Sir Alexander's new will leaving everything to his brother Angus supersedes any previous wills, then it will be Hugo Moncrieff, and not Sir Nicholas, who inherits the estate, including a bank account in Switzerland that is now showing a balance of at least $57,500,000."

"Galbraith must be confident that the second will is genuine?"

"He may well be, but I know someone else who isn't quite so confident."

"By the way, Dad, Galbraith called again just as I was leaving the office. He wanted to know when you'd be returning to Scotland."

"Did he indeed?" said Munro. "Which begs the question, how did he know I wasn't in Scotland?"

"When I told you that I hoped we'd meet again," said Sarah, "an interview room at Paddington Green police station wasn't exactly what I had in mind." Danny smiled ruefully as he looked across the small wooden table at his new solicitor. Munro had explained that he could not represent him in an English court of law, however, he could recommend—"No," Danny had responded, "I know exactly who I want to represent me."

"I'm flattered," Sarah continued, "that when you found yourself in need of legal advice, I was your first choice."

"You were my only choice," admitted Danny. "I don't know any other solicitors." He regretted his words the moment he'd said them.

"And to think I've been up half the night—"

"I'm sorry," said Danny. "That's not what I meant. It's just that Mr. Munro told me—"

"I know what Mr. Munro told you," said Sarah with a smile. "Now, we don't have any time to waste. You'll be up in front of the judge at ten o'clock, and although Mr. Munro has fully briefed me on what you've been up to for the past couple of days, I still have a few questions of my own that need answering, as I don't want to be taken by surprise once we're in the court. So please be frank—and by that I mean honest. Have you at any time in the past twelve months traveled abroad, other than on this one occasion when you visited Geneva?"

"No," Danny replied.

"Have you failed to attend any meetings with your probation officer since you left prison?"

"No, never."

"Did you at any time make an attempt to contact . . ."

"Good morning, Mr. Galbraith," said Munro. "I apologize for not contacting you earlier, but I have a feeling that you are only too aware of what caused me to be detained."

"Indeed I am," responded Galbraith, "which is precisely the reason I needed to speak to you so urgently. You will know that my client has withdrawn all pending actions against Sir Nicholas, so I'd rather hoped, given these circumstances, that your client will wish to respond in the same magnanimous manner, and withdraw his writ disputing the validity of his grandfather's most recent will?"

"You can assume nothing of the sort," retorted Munro sharply. "That would only result in your client ending up with everything, including the kitchen sink."

"Your response comes as no surprise to me, Munro. Indeed, I have already forewarned my client that would be your attitude, and we would be left with no choice but to contest your vexatious writ. However," Galbraith added before Munro could respond, "may I suggest that as there is now only one dispute outstanding between the two parties, namely whether Sir Alexander's most recent will is valid or invalid, it might be in
the best interest of both parties to expedite matters by making sure this action comes before the court at the first possible opportunity?"

"May I respectfully remind you, Mr. Galbraith, that it has not been this firm that has been responsible for holding up proceedings. Nevertheless, I welcome your change of heart, even at this late juncture."

"I am delighted that that is your attitude, Mr. Munro, and I'm sure you will be pleased to learn that Mr. Justice Sanderson's clerk rang this morning to say that his lordship has a clear day in his diary on the first Thursday of next month, and would be happy to sit in judgment on this case if that were convenient to both sides."

"But that gives me less than ten days to prepare my case," said Munro, realizing he had been ambushed.

"Frankly, Mr. Munro, you either have proof that the will is invalid, or you do not," said Galbraith. "If you do, Mr. Justice Sanderson will rule in your favor, which, to quote you, would result in your client ending up with everything, including the kitchen sink."

Danny looked down at Sarah from the dock. He had answered all her questions truthfully, and was relieved to find that she only seemed interested in his reasons for traveling abroad. But then, how could she possibly know anything about the late Danny Cartwright? She had warned him that he would probably be back at Belmarsh in time for lunch, and should anticipate having to spend the next four years in prison. She had advised him to plead guilty, as they had no defense to the charge of breaking his probation order and therefore she could do no more than plead mitigating circumstances. He'd agreed.

"My lord," began Sarah as she rose to face Mr. Justice Callaghan. "My client does not deny his breach of license, but he did so only in order to establish his rights in a major financial case which he anticipates will shortly be coming before the High Court in Scotland. I should also point out, my lord, that my client was accompanied at all times by the distinguished Scottish solicitor, Mr. Fraser Munro, who is representing him in that case." The judge made a note of the name on the pad in front of him. "You may also consider it to be relevant, my lord, that my client was out of the country for less than forty-eight hours, and returned to London of his own volition. The charge that he failed to inform his probation officer is not entirely accurate, because he rang Ms. Bennett, and when he received
ceived no reply, left a message on her answerphone. That message was recorded and can be supplied to the court if your lordship pleases.

"My lord, this uncharacteristic lapse has been the only occasion on which my client has failed to abide strictly by his license conditions, and he has never missed or ever been late for a meeting with his probation officer. I would add," continued Sarah, "that since being released from prison, my client's behavior, with the exception of this one blemish, has been exemplary. Not only has he at all times abided by his license, but he has continued his efforts to further his educational qualifications. He has recently been granted a place at London University, which he hopes will lead to an honors degree in business studies.

"My client unreservedly apologizes for any inconvenience he has caused the court or the probation service, and he has assured me that this will never happen again.

"In conclusion, my lord, I would hope that after you have taken all these matters into consideration, you will agree that no purpose will be served by sending this man back to prison." Sarah closed her file, bowed and resumed her place.

The judge went on writing for some time before he put down his pen. "Thank you, Miss Davenport," he eventually said. "I would like a little time to consider your submission before I pass judgment. Perhaps we could take a short break, and convene again at noon."

The court rose. Sarah was puzzled. Why would a judge of Mr. Justice Callaghan's experience need time to come to a decision on such a mundane matter? And then she worked it out.

"Could I speak to the chairman, please?"

"Who shall I say is calling?"

"Fraser Munro."

"I'll see if he's free to take your call, Mr. Munro." Munro tapped his fingers on the desk while he waited.

"Mr. Munro, how nice to hear from you again," said de Coubertin. "How can I assist you on this occasion?"