by Nancy Carson
Benjamin gazed about him. He was beginning to feel nervous. Had it not been for Maude pressing him, he might never have got this far; he might have been content to tolerate his loveless marriage, pacified by blissful hours of ecstasy in her accommodating feather bed. Now, he was here, in the Royal Courts of Justice in England’s spectacular capital city, and it would be a turning point for the better in his life.
The business of the previous day, when the case of Sampson v Sampson and Stokes was originally scheduled to be heard, had been prolonged but satisfactorily concluded. So theirs was to be held over; the first case on the list in Divorce Court No. 2 that day. Benjamin watched Aurelia’s counsel enter the courtroom, followed by Aurelia herself. Algie Stokes trailed in her wake. They sat in the well of the court. She was no longer smiling her enchanting smile, and he saw her glance anxiously at Algie as if all her confidence was draining away.
Abercrombie nudged him and nodded discreetly towards Aurelia. ‘Is that your wife?’
‘Yes, that’s her.’
‘Hmm…they’ve got Boyne I see.’
‘Boyne?’
‘Their barrister. He’s a junior, by the way.’
‘He looks older than you. Why d’you call him a junior?’
Abercrombie smiled patiently. ‘In legal parlance he’s known as a junior barrister because he hasn’t taken silk. Therefore, he’s not entitled to call himself Queen’s Counsel.’
‘So he’s not as well qualified as somebody who is a Queen’s Counsel, like yourself. Is that it?’
‘Not necessarily,’ Abercrombie replied. ‘He might be at least equally qualified, but his practice, or his personal situation, might determine that he is as well off remaining a junior. One should never underestimate a junior, and we won’t underestimate Boyne.’
‘So there’s no disadvantage for them on that score then?’ Benjamin said.
‘You have no need to worry on that score, Mr Sampson.’
‘It’s all a question of how much juniors charge in fees then, is it?’ Benjamin responded, unable to keep the sarcasm out of his tone.
Mr Abercrombie resumed his normal sitting position. He decided that he did not like his client.
The judge’s clerk appeared in front of the curtain behind the President’s chair, and the courtroom fell silent. As the President of the Division duly emerged behind him, the usher rose to his feet and everybody else in court rose with him. Everybody remained standing until the President nodded in acknowledgement and assumed his seat. He was tall, well built, and his bearing was that of an eminent man, as distinguished as its high Gothic windows. In a tier below him sat the judge’s clerk, his head down having taken his seat. Next to him was the clerk of papers, then the clerk of lists who was gazing about measuredly. In the well of the court sat the solicitors. Behind these and seated on a higher tier were Queen’s Counsel, resplendent in silk gowns and serious expressions as they pored over their own piles of papers. There were juniors in their wigs, and behind them even more solicitors and clerks, as well as the assembly of waiting petitioners, witnesses and other interested entities. The public gallery included the morbidly inquisitive, all waiting for the day’s first round of scandal. The general atmosphere, however, was one of solemn silence.
‘Sampson versus Sampson and Stokes.’
Benjamin’s stomach somersaulted. He glanced at Mr Philip Abercrombie who was shuffling papers in readiness, nostrils twitching at the scent of battle.
Philip Abercrombie stood up. ‘My Lord,’ he began, and opened the case for the petitioner in clear, self-assured tones, indicating to His Lordship that the case was one of utter straightforwardness, that should be over and dealt with in no time at all. He presented a persuasive unfolding of the facts, explaining how the petitioner’s wife had embarked on a dishonourable journey of extramarital fornication with the co-respondent, the result of which was the birth of an illegitimate child.
Benjamin was in a reverie of self-righteousness at hearing his case put so authoritatively and so eloquently, but was abruptly brought back to reality when he heard the usher call out his name, and his counsel was making space for him to pass.
All at once, he was in the witness box and, before he knew it, the usher was administering the oath. Benjamin kissed the Bible. He glanced about him. From the witness box the courtroom looked different. He was very close to the judge, he could see the public gallery; row after row of attentive faces, all with eyes on him. They were the disparaging eyes of strangers who knew nothing about him. What interest did they have in him that brought them to this court?
Philip Abercrombie addressed Benjamin directly. ‘Your name is Benjamin Augustus Sampson?’
‘Yes.’
‘And you are a factory owner?’
‘Yes.’
‘You are the husband of Aurelia Felicity Sampson, are you not?’
‘I am.’ He risked a glance at Aurelia but she was not looking at him.
‘Mr Sampson, would you please tell the court when you were married.’
‘In December 1887.’
‘And your son was born fourteen months later?’
‘Yes.’
‘When did you first suspect your wife of having an extramarital affair?’
‘Oh…in the spring of 1891. We had not been rubbing along too well, and she deserted me, taking my son with her. I begged her to stay, for us to try and sort out our differences, but she refused. I suggested a trial separation but she refused that as well. Two weeks later, she returned home.’
‘And you took her back?’
‘Yes, I took her back. She told me she was expecting my child.’
There was a murmur of approval from the court.
‘What happened some while later that made you doubt her fidelity and veracity?’
‘I was told that on several occasions when I was away from home on business trips, that my wife would go out and not return home till the next day.’
‘And this information was given to you by whom?’
‘By one of my domestic servants, who believed my wife was meeting another man.’
‘And you believed this information to be true?’
‘At the time I wasn’t sure, but eventually it all made sense. It explained her aloofness, her detachment. When I thought about it I couldn’t understand how she could have conceived a second child by me at that time.’
‘Because you had not engaged in sexual intercourse at the time she must have conceived? Is that what you mean?’
‘Yes, that’s exactly what I mean.’ Benjamin felt himself blushing.
‘Had you ever refused sexual intercourse?’
‘No, never.’
‘Did you ever attempt to initiate sexual intercourse during the time when she would have conceived?’
‘Oh yes, I tried, but she always refused me, offering some excuse or other.’
‘She refused intercourse?’
‘Yes. Around that time.’
‘And you never forced yourself upon your wife?’
‘Never,’ he objected. ‘I’m not a brute.’
‘It would be reasonable for the court to assume, therefore, that your wife never attempted to initiate sexual intercourse either, during that time?’
‘Not with me at any rate.’
There was sniggering from the public gallery, and Benjamin was inclined to smile at his own glib response.
‘Did it occur to you that her reason for refusing intercourse was that she was enjoying regular sexual relations with another man?’
‘Yes, it occurred to me, but I chose not to believe it. A man doesn’t like to think that the woman he married would do such a thing.’
‘Quite. So how did you discover for certain that your wife had been engaging in an extramarital affair, and exactly who her lover was?’
‘I asked her straight out. She refused to confess anything, of course, but earlier that same day we had attended a wedding and I saw her talking to Stokes—’
‘The co-r
espondent.’
‘Yes, the co-respondent. It was obvious to me, by the way they talked and stood facing each other so familiarly, that he knew her far better than I thought he did – than was decent. He seemed to be taking liberties, standing so close. Then I saw her kiss him – on the lips – as though it were the most natural thing in the world, as if she’d done it a thousand times before. That was when I knew. So when we were back at home later, I challenged her about it.’
‘And that was the only evidence you had that she might have been unfaithful?’
‘At that time, yes. Next day, though, I went to see Stokes. I told him that my wife had already confessed to their affair. He fell for it, hook, line and sinker.’
‘You mean, he confirmed that he and your wife had had an affair.’
‘That’s exactly what I mean, and he accepted that the child she’d had was his. When I told my wife that Stokes had admitted everything, she finally confessed as well.’
‘Looking back, Mr Sampson, how did you perceive the relationship between your wife and the son you had fourteen months into your marriage, during the time she was having her affair?’
‘We’ve always employed a nanny, so my wife had precious little to do with my son’s day-to-day care. More especially at the time she was being unfaithful.’
There was a gasp of indignation from Aurelia. It was a flagrant and mischievous distortion of the truth.
‘Thank you, Mr Sampson. I have no further questions.’ Philip Abercrombie then addressed the judge. ‘Your Lordship, that is the case for the applicant. Here we have a clear-cut case of an adulterous affair committed by the petitioner’s wife and wholly admitted to by her and by the co-respondent. I urge this court to grant a decree nisi in his favour on the grounds of his wife’s adultery with the co-respondent, and to award him custody of his son. Thank you, Your Lordship.’ Clearly, he saw no reason to call Mrs Sampson to the witness stand.
Boyne, the junior barrister acting for Aurelia, sprang to his feet. ‘My Lord,’ he began, ‘my client, Mrs Sampson, is fully expecting a judgement in this case in favour of the petitioner. However, I am instructed to advise Your Lordship that she wishes to plead for custody of her small son by her marriage to the petitioner. Therefore, I have one or two pertinent questions I would like to put to the petitioner for the court’s benefit, which I believe are relevant and could affect the decision.’
‘Proceed.’
‘Mr Sampson,’ Boyne began amiably, ‘the domestic servant who advised you that your wife was conducting an extramarital affair…is she here in court?’
Abercrombie stood up again, leaning over the table in front of him. ‘There was no necessity to call the servant as a witness, my Lord, since my client’s wife admits to her adultery.’
‘So I take it that the servant is not available to give evidence,’ Boyne said.
‘You may take it so,’ Abercrombie replied, rising and sitting again in one fluid movement.
‘A pity…Mr Sampson,’ Boyne continued, looking Benjamin squarely in the eye. ‘Am I right in thinking that this particular servant, to whom we refer, was employed as a nanny in your household?’
‘Yes.’
‘But not anymore?’
‘No, she’s not employed anymore in my house.’
‘Would you like to tell the court why you no longer employ this particular servant?’
Benjamin felt himself go very hot; he feared where this was leading. ‘I…We…’ He hesitated for too long.
‘Would you please answer the question, Mr Sampson?’
‘She was dismissed,’ he answered eventually, economically.
‘Why was she dismissed, Mr Sampson? For what reason?’
‘I can’t recall,’ Benjamin said sheepishly. ‘It was my wife who dismissed her.’
‘Would you like to tell the court when your wife dismissed her?’
Benjamin sighed. There was no way of escaping this line of questioning. ‘It was on the day that she returned to our home claiming she was carrying our second child.’
‘I put it to you, Mr Sampson, that you were conducting an extramarital affair with this servant, your son’s nanny. Is that not so?’
Benjamin reddened. ‘Yes, that’s so,’ he admitted sullenly, and there was a gasp from the public gallery. ‘But I don’t see what it has to do with anything.’
‘It will become clear. I also put it to you that you regularly engaged in sexual intercourse with the nanny within the confines of your marital home.’
‘My Lord, how is this relevant to the case?’ Abercrombie protested, rising.
‘You will see presently, my Lord,’ Boyne asserted, and repeated the question to Benjamin.
Benjamin shrugged, averting his eyes and looking at the floor of the courtroom.
‘You must answer,’ the judge proclaimed.
‘I repeat,’ Boyne said, ‘did you regularly engage in sexual intercourse with your employed nanny within the confines of your marital home?’
‘Once or twice,’ was Benjamin’s grudging response.
‘Do you mean you had sexual intercourse in the marital home with the servant on one occasion or two occasions?’
‘On three occasions, I think,’ Benjamin responded, which raised some smothered laughter from the gallery.
‘So I put it to you that your wife left you because of your adulterous affair with the servant, to which you admit. Furthermore, on her return to the marital home two weeks later there was nobody at home. When you eventually returned you were accompanied by the servant and, at the open front door, you took the servant in your arms and kissed her lingeringly.’
‘I really don’t recall.’
‘Then allow me to remind you,’ Boyne continued. ‘There ensued an exchange, as a result of which your wife dismissed the servant. Does that refresh your memory, Mr Sampson? Answer yes, or no.’
‘Yes,’ he answered.
‘I further put it to you, Mr Sampson, that this particular servant has subsequently given birth to a child, of which you are the father. Is that not so?’
‘Yes.’
Another gasp from the court.
‘And that you have set her up as a kept woman in a house which you provide for the purpose of furthering your extramarital dalliances. Is that not so also?’
‘I provided a house for her because it was the least I could do, she having had my child. I am not altogether trying to shun my responsibilities towards her and the child.’
‘That is highly commendable. And you still visit this woman frequently?’
‘It’s my intention to marry her once I am free to do so.’
‘Ah! So you intend to do the honourable thing. Also very commendable. Presumably then, your proposed new wife would have charge of your son by the present Mrs Sampson in the event you are awarded custody?’
‘Yes. She knows my son, she adores my son, and my son knows her. It would be an excellent arrangement.’
‘Mr Sampson, you are at least as guilty of adultery as is your wife, are you not? Yet you are obviously content that her adultery is rightful justification for robbing her of a child she adores, by claiming custody for yourself. This is plainly borne out by virtue of your wife’s plea against such an award.’
Boyne then addressed the judge. ‘My Lord, the applicant, once granted his decree absolute, has the clear intention of using this former servant, with whom he has had a child, to look after his legitimate son if he is awarded custody.’
‘Yes, yes, I clearly heard his testimony.’ His Lordship said with the impatience of a superior being.
‘I put it to the court, my Lord, that such an unprincipled person is unworthy and unsuitable to bring up a young child, as we have seen from the petitioner’s own character drawing of the woman. Furthermore, awarding custody to the petitioner would have the traumatic and totally undesirable double consequence of robbing the child of its natural mother, and also robbing the mother of her precious child. It is my contention, my Lord, that Mrs Sa
mpson is a loving and devoted mother, entirely capable and anxious to continue the role of looking after and raising her children to the best of her ability in a loving environment, and I would like to call her to the witness box, if it pleases Your Lordship.’
His Lordship nodded his consent.
Aurelia, dressed in pale blue, her hair piled stylishly on her head, rose with poise and glided over to the witness box. She smiled demurely, and there was a hush of anticipation and admiring gazes as she took the oath.
‘Mrs Sampson,’ Boyne said calmly and with compassion, ‘the court is aware that you are not defending your husband’s petition for divorce. Yet your husband, by his own admission in this courtroom, has also engaged, and is engaging still, in an adulterous affair with an ex-servant, once employed in your marital home. Would you kindly explain to the court what you know of his affair with your employed nanny?’
Aurelia took a deep breath, confident in her ability to express herself and adequately support her plea for custody. ‘My husband began his affair with our nanny almost as soon as she began her employment, shortly after the birth of our son. I suspect that my confinement and inability to perform wifely bedtime duties, both before and after, gave him the inclination and the excuse.’
‘Thank you for being so candid, Mrs Sampson. Before your confinement, would you say you and your husband were sexually active?’
‘I suppose we were, for the first few weeks of our marriage, but less so after that, and not at all when intercourse became difficult and uncomfortable due to my being with child.’
‘Did you ever refuse intercourse after your confinement, when intercourse would not have been uncomfortable?’
‘Not that I recall.’
‘But you did refuse intercourse sometime later?’
‘Yes.’
‘Why was that, Mrs Sampson?’
‘Because I resented my husband touching me. I hated him touching me because of his affair.’
‘So would you say that your husband’s affair made you unhappy?’
‘Yes, very unhappy.’
‘Did you love your husband?’
‘I used to. His disregard, his betrayal and lack of respect for me and for his son changed all that.’
