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TO UMBERTO
AND
MARIA TERESA
My many thanks to the following people for their invaluable advice and research:
Simon Bainbridge, Alison Prince, Catherine Richards, Mari Roberts, Dr. Nick Robins, Natasha Shekar, Susan Watt and Peter Watts.
PROLOGUE
THE P.A. CRACKLED. “Would all those involved in the Lady Virginia Fenwick versus Mrs. Emma Clifton…”
“The jury must have reached a decision,” Trelford said, already on the move. He looked around to check that they were all following him, and bumped into someone. He apologized, but the young man didn’t look back. Sebastian held open the door to court number fourteen so his mother and her silk could resume their places in the front row.
Emma was too nervous to speak and, fearing the worst, kept glancing anxiously over her shoulder at Harry, who sat in the row behind her as they waited for the jury to appear.
When Mrs. Justice Lane entered the courtroom, everyone stood. She bowed before resuming her place in the high-backed red leather chair on the dais. Emma transferred her attention to the closed door beside the jury box. She didn’t have to wait long before it swung open, and the bailiff reappeared followed by his twelve disciples. They took their time finding their places, treading on each other’s toes like late-arriving theatregoers. The bailiff waited for them to settle before he banged his rod three times on the floor and shouted, “Will the foreman please rise.”
The foreman rose to his full five feet four inches and looked up at the judge. Mrs. Justice Lane leaned forward and said, “Have you reached a verdict on which you are all agreed?”
Emma thought her heart would stop beating as she waited for his reply.
“No, my lady.”
“Then have you reached a verdict on which you are agreed by a majority of at least ten to two?”
“We did, my lady,” said the foreman, “but unfortunately, at the last moment one of our number changed his mind, and we have been stuck on nine votes to three for the past hour. I am not convinced that will change, so once again I am seeking your guidance as to what we should do next.”
“Do you believe you could reach a majority of ten to two, if I gave you a little more time?”
“I do, my lady, because on one particular matter, all twelve of us are in agreement.”
“And what is that?”
“If we were allowed to know the contents of the letter Major Fisher wrote to Mr. Trelford before he committed suicide, we might well be able to come to a decision fairly quickly.”
Everybody’s eyes were fixed on the judge, except for Lady Virginia’s advocate, Sir Edward Makepeace, who was looking closely at Donald Trelford, Emma’s defense counsel. Either he was a formidable poker player or he simply didn’t want the jury to know what was in that letter.
Trelford rose from his place and reached into his inside pocket, only to find that the letter was no longer there. He looked across to the far side of the court, to see that Lady Virginia was smiling.
He returned her smile.
HARRY AND EMMA CLIFTON
1970–1971
1
THE JURY WAS out.
The judge had asked the seven men and five women to make one final effort to reach a verdict. Mrs. Justice Lane instructed them to return the following morning. She was beginning to think a hung jury was the most likely outcome. The moment she stood up, everyone in the well of the court rose and bowed. The judge returned the compliment, but it wasn’t until she had left the court that a babble of chatter erupted.
“Would you be kind enough to accompany me back to my chambers, Mrs. Clifton,” said Donald Trelford, “so we can discuss the contents of Major Fisher’s letter, and whether they should be made public.”
Emma nodded. “I’d like my husband and brother to join us, if that’s possible, as I know Sebastian has to get back to work.”
“Of course,” said Trelford, who gathered up his papers and, without another word, led them out of the courtroom and down the wide marble staircase to the ground floor. As they stepped out onto the Strand, a pack of baying journalists, accompanied by flashing cameras, once again surrounded them, and dogged their steps as they made their way slowly across to the QC’s chambers.
They were finally left alone once they’d arrived at Lincoln’s Inn, an ancient square full of neat-looking town houses that were in fact chambers occupied by barristers and their clerks. Mr. Trelford led them up a creaky wooden staircase to the top floor of No. 11, passing rows of names printed neatly in black on the snow-white walls.
When Emma entered Mr. Trelford’s office, she was surprised to see how small it was, but then there are no large offices in Lincoln’s Inn, even if you are the head of chambers.
Once they were all seated, Mr. Trelford looked across at the woman who sat opposite him. Mrs. Clifton appeared calm and composed, even stoical, which was rare for someone who was facing the possibility of defeat and humiliation, unless … He unlocked the top drawer of his desk, extracted a file and handed copies of Major Fisher’s letter to Mr. and Mrs. Clifton and Sir Giles Barrington. The original remained locked in his safe, although he was in no doubt that Lady Virginia had somehow got hold of the copy he had with him in court.
Once they had all read the letter, handwritten on House of Commons paper, Trelford said firmly, “If you will allow me to present this as evidence in open court, Mrs. Clifton, I am confident we can win the case.”
“That is out of the question,” said Emma, handing her copy back to Trelford. “I could never allow that,” she added with the dignity of a woman who knew that the decision might not only destroy her but also hand victory to her adversary.
“Will you at least allow your husband and Sir Giles to offer their opinion?”
Giles didn’t wait for Emma’s permission. “Of course it must be seen by the jury, because once it has, they’ll come down unanimously in your favor and, more importantly, Virginia will never be able to show her face in public again.”
“Possibly,” said Emma calmly, “but at the same time, you would have to withdraw your candidacy for the by-election, and this time the prime minister won’t be offering you a seat in the House of Lords as compensation. And you can be sure of one thing,” she added. “Your ex-wife will consider destroying your political career a far greater prize than defeating me. No, Mr. Trelford,” she continued, not looking at her brother, “this letter will remain a family secret, and we will all have to live with the consequences.”
“That’s pigheaded of you, sis,” said Giles, swinging around. “Perhaps I don’t want to spend the rest of my life feeling responsible for you losing the case and having to stand down as chairman of Barrington’s. And don’t forget, you’ll also have to pay Virginia’s legal costs, not to mention whatever compensation the jury decide to award her.”
“It’s a price worth paying,” said Emma.
“Pigheaded,” repe
ated Giles, a decibel louder. “And I’ll bet Harry agrees with me.”
They all turned toward Harry, who didn’t need to read the letter a second time, as he could have repeated it word for word. However, he was torn between wishing to support his oldest friend and not wanting his wife to lose her libel case. What John Buchan once described as being “between a rock and a hard place.”
“It’s not my decision to make,” said Harry. “But if it were my future that was hanging by a thread, I’d want Fisher’s letter to be read out in court.”
“Two to one,” said Giles.
“My future isn’t hanging by a thread,” said Emma. “And you’re right, my darling, the final decision is mine.” Without another word, she rose from her place, shook hands with her counsel and said, “Thank you, Mr. Trelford. We’ll see you in court tomorrow morning, when the jury will decide our fate.”
Trelford bowed, and waited for the door to close behind them before he murmured to himself, “She should have been christened Portia.”
* * *
“How did you get hold of this?” asked Sir Edward.
Virginia smiled. Sir Edward had taught her that when facing cross-examination, if an answer doesn’t help your cause, you should say nothing.
Sir Edward didn’t smile. “If the judge were to allow Mr. Trelford to present this as evidence,” he said, waving the letter, “I would no longer be confident that we will win the case. In fact I’m certain we’d lose.”
“Mrs. Clifton will never allow it to be presented as evidence,” said Virginia confidently.
“How can you be sure?”
“Her brother intends to fight the by-election in Bristol Docklands caused by Major Fisher’s death. If this letter were to be made public, he’d have to withdraw. It would end his political career.”
Lawyers are meant to have opinions on everything, except their clients. Not in this case. Sir Edward knew exactly how he felt about Lady Virginia, and it didn’t bear repeating, in or out of court.
“If you’re right, Lady Virginia,” said the elderly QC, “and they don’t offer the letter as evidence, the jury will assume it’s because it doesn’t assist Mrs. Clifton’s cause. That would undoubtedly tip the balance in your favor.”
Virginia tore up the letter and dropped the little pieces into the wastepaper basket. “I agree with you, Sir Edward.”
* * *
Once again, Desmond Mellor had booked a small conference room in an unfashionable hotel, where no one would recognize them.
“Lady Virginia is the odds-on favorite to win a two-horse race,” said Mellor from his place at the head of the table. “It seems Alex Fisher ended up doing something worthwhile for a change.”
“Fisher’s timing couldn’t have been better,” said Adrian Sloane. “But we’ll still need to have everything in place if there’s to be a smooth takeover of Barrington’s Shipping.”
“Couldn’t agree with you more,” said Mellor, “which is why I’ve already drafted a press statement that I want you to release as soon as the verdict has been announced.”
“But all that could change if Mrs. Clifton allows Fisher’s letter to be read out in court.”
“I can assure you,” said Mellor, “that letter will never see the light of day.”
“You know what’s in that letter, don’t you?” said Jim Knowles.
“Let’s just say I’m confident that Mrs. Clifton will not want the jury to see it. Which will only convince them that our beloved chairman has something to hide. Then they will surely come down in Lady Virginia’s favor, and that will be an end of the matter.”
“As they’re likely to reach a verdict some time tomorrow,” said Knowles, “I’ve called an emergency board meeting for Monday morning at ten o’clock. There will only be two items on the agenda. The first will be to accept Mrs. Clifton’s resignation, followed by the appointment of Desmond as chairman of the new company.”
“And my first decision as chairman will be to appoint Jim as my deputy.” Sloane frowned. “Then I’ll ask Adrian to join the board, which will leave the City and the shareholders in no doubt that Barrington’s is under new management.”
“Once the other board members have read this,” said Knowles, waving the press statement as if it were an order paper, “it shouldn’t be long before the admiral and his cronies decide they have no choice but to hand in their resignations.”
“Which I will reluctantly accept,” said Mellor, before adding, “with a heavy heart.”
“I’m not convinced Sebastian Clifton will fall in with our plans quite that easily,” said Sloane. “If he decides to remain on the board, it might not be quite the smooth transition you have in mind, Desmond.”
“I can’t imagine Clifton will want to be a director of the Mellor Shipping Company after his mother has been publicly humiliated by Lady Virginia, not only in court, but in every national newspaper.”
“You must know what’s in that letter,” repeated Knowles.
* * *
Giles made no attempt to change his sister’s mind, because he realized it would be pointless.
Among Emma’s many qualities was a fierce loyalty to her family, her friends and any cause she believed in. But the other side of that coin was a stubbornness that sometimes allowed her personal feelings to override her common sense, even if her decision could result in losing the libel case, and even having to resign as chairman of Barrington’s. Giles knew, because he could be just as obstinate. It must be a family trait, he decided. Harry, on the other hand, was far more pragmatic. He would have weighed up the options and considered the alternatives long before he came to a decision. However, Giles suspected Harry was torn between supporting his wife and loyalty to his oldest friend.
As the three of them stepped back out onto Lincoln’s Inn Fields, the first gas lights were being lit by the lamplighter.
“I’ll see you both back at the house for dinner,” said Giles. “I’ve got a couple of errands to run. And by the way, sis, thank you.”
Harry hailed a taxi, and he and his wife climbed into the back. Giles didn’t move until the cab had turned the corner and was out of sight. He then headed off at a brisk pace in the direction of Fleet Street.
2
SEBASTIAN ROSE EARLY the following morning and after reading the Financial Times and the Daily Telegraph he just couldn’t see how his mother could hope to win her libel trial.
The Telegraph pointed out to its readers that if the contents of Major Fisher’s letter remained a secret, it wouldn’t help Mrs. Clifton’s cause. The FT concentrated on the problems Barrington’s Shipping would face should its chairman lose the case and have to resign. The company’s shares had already fallen by a shilling, as many of its shareholders had clearly decided that Lady Virginia was going to be the victor. Seb felt the best his mother could hope for was a hung jury. Like everyone else, he couldn’t stop wondering what was in the letter Mr. Trelford wouldn’t allow him to read, and which side it was more likely to help. When he had phoned his mother after returning from work, she hadn’t been forthcoming on the subject. He didn’t bother to ask his father.
Sebastian turned up at the bank even earlier than usual but once he’d sat down at his desk and begun trying to work his way through the morning mail, he found he couldn’t concentrate. After his secretary Rachel had asked him several questions which remained unanswered, she gave up and suggested he go to court, and not return until the jury had delivered its verdict. He reluctantly agreed.
As his taxi drove out of the City and into Fleet Street, Seb spotted the bold headline on a Daily Mail placard and shouted “Stop!” The cabbie swung into the curb and threw on his brakes. Seb jumped out and ran across to the paperboy. He handed him fourpence and grabbed a copy of the paper. As he stood on the pavement reading the front page he felt conflicting emotions: delight for his mother, who would now surely win her case and be vindicated, and sadness for his uncle Giles, who had clearly sacrificed his political career to do what
he considered the honorable thing, because Seb knew his mother would never have allowed that letter to be seen by anyone outside the family.
He climbed back into the cab and wondered, as he stared out of the window, how he would have reacted had he been faced with the same dilemma. Was the prewar generation guided by a different moral compass? He wasn’t in any doubt what his father would have done, or how angry his mother would be with Giles. His thoughts turned to Samantha, who had returned to America when he’d let her down. What would she have done in similar circumstances? If only she would give him a second chance, he wouldn’t make the same mistake again.
Seb checked his watch. Most God-fearing people in Washington would still be asleep, so he realized he couldn’t phone his daughter Jessica’s headmistress, Dr. Wolfe, to find out why she wanted to speak to him urgently. Was it just possible…?
The taxi pulled up outside the Royal Courts of Justice in the Strand. “That’ll be four and six, gov’nor,” said the cabbie, interrupting his thoughts. Seb handed him two half-crowns.
As he stepped out of the cab, the cameras immediately began to flash. The first words he could make out above the melee of hollering hacks was, “Have you read Major Fisher’s letter?”
* * *
When Mrs. Justice Lane entered court fourteen and took her place in the high-backed chair on the raised dais, she didn’t look pleased. The judge wasn’t in any doubt that although she had firmly instructed the jury not to read any newspapers while the trial was taking place, the only subject they would be discussing in the jury room that morning would be the front page of the Daily Mail. She had no idea who was responsible for leaking Major Fisher’s letter, but that didn’t stop her, like everyone else in that courtroom, from having an opinion.
Although the letter had been sent to Mr. Trelford, she was certain it couldn’t have been him. He would never involve himself in such underhand tactics. She knew some barristers who would have turned a blind eye, even condoned such behavior, but not Donald Trelford. He would rather lose a case than swim in such murky waters. She was equally confident that it couldn’t have been Lady Virginia Fenwick, because it would only have harmed her cause. Had leaking the letter assisted her, she would have been the judge’s first suspect.
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