Brothers In Law (10 page)

 

That evening he dined with Joy. He had not had the cheque from the solicitors, but his mother had lent him the money.

‘Of course, darling,' she had said. ‘It'll be an investment, really. You'll be able to keep me soon. Won't that be lovely? And I shan't have to look to Aunt Ethel for a new dress. I do think you're clever, darling.'

‘It was Joy really, Mother.'

‘But I'm sure the solicitors wouldn't have sent it to you if they hadn't heard of your reputation. I shall tell everyone about you. Fancy making a name for yourself in a week. But then I knew you would. It's your father in you. Not me, I'm afraid. Now that it's all right, I don't mind telling you, I've always been a little frightened that you might be a fool like me. I'm so glad you're not, darling. Shall we get a bottle of champagne and celebrate. We can pay for it next month.'

‘That'd be lovely, darling, but I must go out with Joy tonight.'

‘Oh, of course.'

‘And you mustn't start talking about my having made a name for myself. I haven't done anything of the sort. I've been sent my first brief by the uncle of a girlfriend and it's just an undefended divorce. I haven't even done it yet. I might make an awful mess of it.'

‘Oh, no you won't, not you.'

‘Well, I hope not, but – oh, darling, I'm appearing for the most awful woman. I'm so glad you're not like her.'

‘Thank you, darling. So am I, if she's all that awful.'

‘She's really terrible. It makes me feel uncomfortable to meet her. And the things she says. D'you know I felt quite sick after I'd had a conference with her. Don't tell anyone else. I suppose one's got to get used to that sort of thing, but I hope I don't get many more like her. I'll be glad when it's over. Would you like to come and hear it?'

‘Darling, of course. When is it?'

‘Tomorrow.'

‘You must tell me how to get there. Or will you take me?'

‘Well, darling – you know I'd love to take you – but don't you think it would look a bit obvious if we went in together? Rather like showing off. Besides, I don't want it to look as if it were my first brief. You do understand, don't you?'

‘Of course, darling. I won't come at all, if you'd rather not.'

‘No, I'd love you to.'

‘I shan't make you nervous?'

‘Oh, no – once it's started, I shall be all right.'

‘Well, you must tell me where it is. One of those places with blue lamps outside them, is it?'

‘Mother, darling, those are police stations.'

‘That's right. Well, there's a Court next to them sometimes, isn't there?'

‘Mother, this is the High Court of Justice, Probate, Divorce and Admiralty Division. It's in the Law Courts in the Strand. It's the most important legal place there is, except the House of Lords and Privy Council.'

‘Well, you mustn't be cross with me, darling. I don't know anything about the law. And what did you say about Admiralty? I thought yours was a divorce case. Does an admiral try it? I must say, he'd look rather sweet with his cocked hat.'

‘No, it's the Divorce Division, but that's linked up with Admiralty and Probate for historical reasons. But it won't be an admiral in a cocked hat. It'll be a judge in a wig and gown. And I'll be in mine too. I'll tell you how to get there and which Court it's in. Now I really must fly or I'll be late for Joy. Thank you so much for the money.'

Joy was all ready for him, looking very pretty indeed. They went to a Soho restaurant.

‘This is going to be a lovely evening,' said Joy on the way. ‘I'm so proud of you, Roger. I know you're going to do terribly well. Uncle Alfred's very impressed too. He says there's an awful shortage of young men at the Bar and you're just what he's looking for. You mustn't say I told you, but if you do this case all right, he's going to send you a lot more.'

‘Oh – Joy, it sounds too good to be true.'

‘I gave him such a nice kiss for it. Right in the middle of his forehead. Funny, that's where he likes it. It's not my idea. But then an uncle's different. Oh, here we are. It's going to be a lovely evening, Roger.'

She squeezed his arm.

‘Two, sir?' said the waiter. ‘Over here, sir, if you please. Will this suit you, sir? Thank you, sir. And what about a little aperitif before dinner? Dry Martini, glass of sherry, anything you like, sir?'

‘Do you think I should, Joy? I shall want a clear head in the morning.'

‘Of course, silly. It won't hurt you at all. Buck you up. Stop you feeling nervous. I'll have a Dry Martini, please. You do the same, Roger. It'll be good for you.'

So they each had a Dry Martini and with their dinner they had a bottle of wine and by the middle of dinner, Roger, egged on by Joy, could see himself persuading judges, convincing juries and generally making a big name for himself at the Bar.

‘Then you'll become a QC, Roger. I'm sure you'll be the youngest ever.'

‘D'you really think so?'

‘Of course I do. But then I expect you'll forget all about little me.'

‘How can you say such a thing? It'll all be due to you really.'

‘Then you won't drop me like an old sock when you're successful?'

‘I'm not like that, Joy.'

‘No, Roger, but you'll have so many people around you. I'm not very big, Roger. Sally's much taller.'

‘Don't let's talk about Sally.'

Even older men can imagine a lot and forget a lot under the influence of a few drinks. At twenty-one all sorts of things can happen. To Roger, Joy seemed prettier than she'd ever been, really lovely, so that when she eventually said softly, looking down at her coffee: ‘Roger, will you be a little loving to me tonight?' he was able to answer without any effort: ‘Joy, darling, you know I will.'

‘Roger, darling.'

Everything felt strangely unreal to Roger and it was very pleasant. He was going to be a great man and he had the prettiest girl in the world opposite him. Life was very good, very good indeed. Then he thought of his case in the morning. Perhaps it would be reported in the papers. Oh, no, of course it couldn't be, except for the judge's judgment. Thinking of the case he suddenly thought of his client, Mrs Newent. It gave him a slightly unpleasant shock but, when he mentioned her, Joy helped him by saying: ‘But in a great career you're bound to come across nasty people. Someone had to defend Crippen, didn't they?'

‘Of course. How silly of me.'

They got up from the table. Roger felt slightly wobbly on his feet. Suddenly he thought of his client again. ‘Faint and dizzy.' Well, he didn't feel faint or dizzy, but he did feel as though everything was very easy to do. A lack of restraint, that's what it was. Had he misjudged Mrs Newent? Perhaps she wasn't used to drink and it had done something to her. He could understand it now. He had never really wanted to kiss Joy before. But when she put herself in his arms in the taxi, there was no difficulty about it at all.

‘Darling, you're wonderful,' he said.

‘Roger, I love you.'

‘I love you, Joy.'

‘Oh, Roger, I'm so happy.'

 

The next morning Roger woke with a slight headache. There was a ring on the telephone. He got out of bed and answered it. It was Sally.

‘Just to wish you good luck, Roger. I shall be there, but you needn't take any notice of me.'

‘Oh, thank you, Sally. Thank you very much for ringing.'

He went back to bed for a few minutes. What had he said to Joy the night before? What hadn't he said? Oh, dear, how difficult it all was. And they'd both be there. Well, he mustn't think of that now. He must concentrate on his case. He had found out that you don't normally address the judge in an undefended divorce case before calling your evidence. Henry had told him and he'd been to hear some cases, as Sally had suggested. They certainly sounded simple enough.

He got to chambers early and found Henry there already.

‘Who are you in front of?' Henry asked.

‘Judge Crane.'

‘Oh, that's good. You'll be all right in front of him. Bit of luck for you you're not before Judge Ryman. He's sitting today. He can be very difficult. He actually tries all his cases. It can be very awkward. Personally, I think he's right, but I'm in a decided minority. I think it's for Parliament to change the law if people want divorce made easier. But very few people agree with me. I expect I'm wrong, but there it is. Glad you're not in front of Ryman. That would have been a bit tough for your first case.'

At ten minutes past ten Roger, feeling rather self-conscious, walked across the Strand carrying his blue bag. He was on the way to the robing-room. At the entrance to the Law Courts he met his mother.

‘Not late, you see, darling,' she said. ‘Can you tell me where I go?'

‘Would you mind very much asking an attendant? I've got to go and robe and I don't want to be late. We're sixth in the list, but you can never tell. Some of the people in the first five cases might not be there.'

He felt a little like he did in his first days at a public school when he was terrified his mother would call him by his Christian name.

He robed and went to the Court. He found Mrs Newent outside. She did not at first recognize him in his wig. She had recovered from her fit of anger in chambers and, feeling a little nervous herself, wanted someone to be nice to her.

‘You look sweet,' she said.

Roger blushed and coughed.

‘I don't think we'll have to wait very long,' he said.

‘It's going to be all right, isn't it?' said Mrs Newent.

‘Oh, yes, I think so,' said Roger with reasonable confidence. Now that it was so near to the beginning of the battle, he was glad to think that Judge Crane was an easy judge. How nice of Henry to tell him. What a good chap he was. It made all the difference. He did in fact feel a little weak at the knees. He walked into the Court and at once saw Joy sitting at one end and Sally at the other. They were both attractively dressed. He tried not to let them see he had noticed them. His mother was sitting in the middle of a row. Counsel's row was almost full, but he was just able to get a seat at the end. A few minutes later the judge came in. The associate got up and called: ‘Foster against Foster,' and then handed the papers in the case to the judge. Counsel got up and the case began.

‘May it please your Lordship, this is a husband's petition on the grounds of desertion. Mr Foster, please.'

A man went into the witness box and took the oath. The following dialogue took place:

COUNSEL: ‘Is your full name Ernest Edward Foster?'

THE WITNESS: ‘Yes.'

COUNSEL: ‘Where do you now live, Mr Foster?'

THE WITNESS: ‘Apple Tree Lodge, Buckley, Essex.'

COUNSEL: ‘And were you married on the 14th day of June 1930 to Elizabeth Foster, whose maiden name was Hadlow at the Register Office for the District of Bilcombe in the County of Surrey?'

THE WITNESS: ‘Yes.'

COUNSEL: ‘And there are no children of the marriage?'

THE WITNESS: ‘No.'

COUNSEL: ‘And after the marriage did you live at various places with your wife and finally at Apple Tree Lodge where you now are?'

THE WITNESS: ‘Yes.'

COUNSEL: ‘Now I think your marriage was quite happy at first, but after that did relations between you and your wife become strained?'

THE WITNESS: ‘Yes.'

COUNSEL: ‘And were there disagreements and quarrels and so forth?'

THE WITNESS: ‘Yes.'

COUNSEL: ‘And finally on the 14th June 1946 did she leave you?'

THE WITNESS: ‘Yes.'

COUNSEL: ‘Did she say anything before she left?'

THE WITNESS: ‘No.'

COUNSEL: ‘Nothing at all?'

THE WITNESS: ‘No.'

COUNSEL: ‘Didn't she say anything about never coming back to you again?'

JUDGE CRANE: ‘I think that's a little leading, Mr Fox.'

COUNSEL: ‘I'm sorry, my Lord. Did she or did she not say anything about not coming back to you again?'

THE WITNESS: ‘She did.'

COUNSEL: ‘What did she say?'

THE WITNESS: ‘That she wouldn't come back.'

COUNSEL: ‘And has she ever come back?'

THE WITNESS: ‘No.'

COUNSEL: ‘Now, will you look at these two letters. There are copies for my Lord. (
Letters handed to Witness
.) Are those letters in your wife's handwriting?'

THE WITNESS: ‘Yes.'

COUNSEL: ‘Your Lordship will see that in them she repeats that she will never come back to the petitioner again.'

JUDGE CRANE: ‘Yes, I see.'

COUNSEL: ‘Now may he see the acknowledgment of service? (
Document handed to the Witness
.) Do you see a signature you recognize at the bottom of that document?'

THE WITNESS: ‘Yes.'

COUNSEL: ‘Whose is it?'

THE WITNESS: ‘My wife's.'

COUNSEL: ‘Thank you, Mr Foster. My Lord, if your Lordship is satisfied on the evidence I ask for a decree nisi.'

JUDGE CRANE: ‘Very well, Mr Fox. Decree nisi.'

The next case was called. The dialogue was very much the same, except that that case was, like Roger's, a discretion case. The petitioner was a man and, in addition to evidence very similar to that which had been given in the last case, the following passage occurred:

COUNSEL: ‘May the witness see his discretion statement? (
The document is shown to the Witness
.) Now, Mr Brown, do you see a signature at the bottom of that document which you recognize?'

THE WITNESS: ‘Yes.'

COUNSEL: ‘Whose is it?'

THE WITNESS: ‘Mine.'

COUNSEL: ‘Before you signed that document, did you read it through carefully?'

THE WITNESS: ‘I did.'

COUNSEL: ‘Are the contents true?'

THE WITNESS: ‘They are.'

COUNSEL: ‘And have you committed adultery with anyone else or on any other occasions than are mentioned in that statement?'

THE WITNESS: ‘No.'

COUNSEL: ‘Thank you, Mr Brown. My Lord, upon that evidence, I respectfully submit that this is a case in which your Lordship can properly exercise your discretion in favour of the petitioner and if your Lordship is satisfied, I ask you to do so and to pronounce a decree nisi.'

JUDGE CRANE: ‘Very well. I exercise my discretion in favour of the petitioner and grant a decree nisi.'

It was all very short, thought Roger. He would like, if he could, to make rather more of his case, if possible. He didn't want trouble, but this was, if anything, too easy. Mrs Newent, on the other hand, was very satisfied. This, she told herself, was exactly and precisely what the doctor had ordered. Her confidence now almost completely restored, she began to wonder where she and Mr Storrington should go and have a celebration that night. Just at that moment another associate came in and spoke to his colleague sitting below Judge Crane.

The latter, after a whispered conversation with him, stood up and spoke to the judge in an undertone. Then he announced: ‘The following cases will be taken before His Honour Judge Ryman in Probate Divorce and Admiralty Court 4. Will the parties and their witnesses please proceed to that Court at once. Speed and Speed, Newent and Newent, Layer and Layer.'

As Roger got up to go counsel next to him said: ‘Bad luck, old boy. Glad it isn't me.'

Roger felt his inside leave him for the floor. Why had he said to himself that he'd like to make a little more of his case? This was fate's revenge. He wondered what Ryman was like. Oh, well, there was nothing for it. And anyway he would see him try one case first, that was something. Fortunately Mrs Newent was quite unaware that there had been any change in her fortunes. She assumed that much the same happened in every Court. Roger started on his way to Court 4, with the managing clerk from her solicitors, and followed by Mrs Newent, his mother, Joy and Sally, who walked along together.

‘So glad you could come,' said Joy.

‘I'd have hated to disappoint you,' said Sally.

Roger went into the Court where Judge Ryman was sitting. After a short delay the associate called: ‘Speed against Speed.'

Counsel next to Roger stood up and put his client, a woman, into the witness box. Roger looked at the judge. He noticed nothing particularly forbidding about his appearance and was grateful for that. Mrs Speed was petitioning for a divorce on the ground of cruelty. After counsel had asked the preliminary questions about the marriage, he started to ask about the history of the married life.

‘Did he ever hit you?' he asked.

‘Really,' said the judge, ‘the Court of Appeal and the learned President have said more than once that leading questions should not be asked. This is a petition on the ground of cruelty. Please don't lead on any essential matters.'

‘If your Lordship pleases. Well, Mrs Speed, did he or did he not hit you?'

‘Really,' said the judge, ‘that's just as bad.'

‘With great respect, my Lord,' said counsel, who was a fierce little man with more ferocity than sense or knowledge. ‘That was not a leading question. She could have said “yes” or “no.”'

‘I'm sorry to disagree, Mr Brunt,' said the judge. ‘The witness could have answered “yes” or “no” to your first question, but it was none the less leading. So is this one.'

‘Well, my Lord, I've often asked this kind of question at the Old Bailey without objection.'

‘I'm afraid I'm only concerned with this Court, Mr Brunt.'

‘My Lord, I wish to be heard on this point.'

‘By all means, Mr Brunt, if you think it of any value. You can always go to the Court of Appeal, you know, if you object to my ruling.'

‘Think of the expense, my Lord. My client wants a divorce, not a visit to all the Courts in the country.'

‘Please behave yourself Mr Brunt. I can only say that if your client wants a divorce she must give her evidence without the assistance of leading questions. That is particularly the case in a matter such as the present one where, no doubt, the bulk of the evidence will be that of your client herself. I have to make up my mind whether I believe her or not. That's difficult enough anyway in most undefended cases. It's impossible if she only answers “yes” or “no.”'

‘Very well, my Lord. I have made my protest,' said Mr Brunt.

‘Now, Mrs Speed, how often did these assaults take place?'

‘Mr Brunt,' said the judge, ‘I'm sorry to have to interrupt you again so soon, but that is not only a leading question, it is a double question and a most improper one in view of my ruling. The witness has not yet said that her husband did hit her.'

‘Well, madam,' said Mr Brunt in a voice in which he did not conceal the annoyance, ‘did he hit you?'

‘Really, Mr Brunt,' said the judge. ‘There must be a limit to all this.'

‘Really, my Lord,' said Mr Brunt angrily. ‘Your Lordship told me to ask the question and then your Lordship complains when I do ask it. I agree that there must be a limit.'

‘Mr Brunt, that was a most improper observation. I must ask you to apologize for it.'

Mr Brunt hesitated, made a quick appreciation, decided he had gone too far, though in his view not without extreme provocation, and said: ‘I apologize, my Lord, but it is very difficult to know what questions to ask in front of your Lordship.'

‘Well, please try, Mr Brunt,' said the judge. ‘Only don't make them leading questions. If you would like me to suggest one, I will.'

‘That would be most kind of your Lordship.'

‘Perhaps you'd better ask her how her husband treated her after the first few months of married life.'

‘Thank you, my Lord, I will.'

Meantime, Roger, who was not altogether able to make up his mind whether Mr Brunt or the judge was in the right, realized that what Henry had said had been only too true. He prayed that he would be able to avoid leading questions. It's very difficult if you don't really know what they are. Roger did not yet appreciate that the context or circumstances in which a question is asked may make it leading and that the question, ‘Did he or did he not do so-and-so' may, according to the circumstances, be a grossly leading question or not a leading question at all.

‘He treated me like a slave,' said the witness.

‘In what way?' asked Mr Brunt.

‘In every way.'

‘Would you be a little more explicit, please madam,' said Mr Brunt. ‘Enumerate some of the ways.'

‘En – enu – enum–?' said the witness, puzzled.

‘Give some examples,' paraphrased Mr Brunt.

‘It was always happening.'

‘What was always happening, Mrs Speed?' asked the judge.

‘Him treating me like that, your Honour.'

‘Yes, but how did he treat you?' asked the judge.

‘Oh, terrible.'

‘Yes, but we weren't there, Mrs Speed. You must tell us what he did,' said the judge.