by John Wilson
– It’s true. It is the incident in my life that I am most ashamed of. I don’t blame Jeremy for hitting me. My reaction was awful and I felt positively wretched the following morning. I apologised to Jeremy over and over again and I have been filled with remorse ever since. I completely understand why he has found it hard, if not impossible, to forgive me. I made a dreadful situation even worse. I hurt the man I loved grievously and I have to live with that.
She looked over to the public gallery and Adam sensed her seeking out Simon Jenkins.
– And I want to apologise to Mr Jenkins as well. I know Jenny loved him and I believe that he loved her too. I am deeply sorry.
The judge was taking a careful note of her evidence and the journalists continued to scribble furiously. Blytheway took no notes.
– Tell me about your trips to the Ritz with Jenny.
– We used to go together quite regularly. I enjoyed her company.
– What did you talk about?
– “Women’s things” mostly. She used to talk about Mr Jenkins a lot. I think she was hoping that he would propose. The last time we went there for tea I gave her a lovely ring that Jeremy had given to Joan. He had passed it onto me when we married but I always felt that it should go to Jenny. She was wearing it the night she … the night she died.
– Did you keep a note of the dates of your meetings?
– No. There was no reason to do so.
– We have heard about Jenny’s diary. Did she ever show it to you?
– No. Not until after I received Jeremy’s petition.
– Tell the court what happened next.
– Jenny couldn’t believe what Jeremy was doing. She thought he had gone mad. She didn’t believe I had been having an affair. In all of our conversations, she told me, I had never even mentioned Mr Falling, which was true. Why would I? And she demanded that I show her the petition.
– Did you?
– I refused. I told her that she should not get involved in what was happening between me and Daddy. But she insisted.
– So you showed it to her?
– Eventually. I didn’t want to.
– And what was her reaction?
– She immediately said that the petition was wrong and that she could prove it – she was very excited – and that is when she showed me her diary. She asked that I didn’t read the actual entries but pointed to all these crosses that she had put on particular days.
– Did you know what she was trying to show you?
– I was confused to be honest. Then she explained that she had put crosses in her diary for the days that we had our trips to the Ritz. She hadn’t put anything in about what we had discussed because it was all very personal and private. And sure enough, on nearly every occasion when I was supposed to have been conducting an affair with Mr Falling I was in fact having tea or lunch with Jenny.
– Did you know Jenny was putting crosses in her diary to mark the days that you met?
– I had absolutely no idea. I knew she enjoyed our little get-togethers but I didn’t know she was keeping this record.
– Can you confirm that the crosses in her diary do mark days on which you and she met?
– Of course I can’t! I had no reason to keep my own records.
– No further questions, my Lord. If you wouldn’t mind staying in the witness box, there may be some more questions for you.
Alnwick had been ponderous and slow but at least he had performed better than on the previous day. On reflection, however, Adam concluded that Julia had given a superb performance. Blytheway rose to his feet to begin his cross-examination. Before he could begin, the judge leaned forward.
– Mr Blytheway. It is almost one o’clock. Mr Alnwick’s examination in chief was rather lengthy – that is not a criticism; we will begin again at five past two.
****
After they had installed themselves in the cafeteria and obtained their tea and sandwiches, Adam wanted to press Blytheway on his view of the morning’s hearing.
– Not while we’re eating, Adam. I thought Jack was on rather good form last night, in all the circumstances.
– I’m becoming very fond of cod.
– After you left I had another try at persuading him to get out of London for a while – say hello to the peacocks – but he is hell-bent on staying here. I hope he doesn’t do anything stupid.
– How often, exactly, has Catherine been round to the house?
– Once or twice I believe.
– Why didn’t you tell me that you had spoken with her after the funeral?
– It would have served no purpose. Eat up. We need to be getting back.
Blytheway wiped his mouth with a paper napkin and stood up to leave.
– Now that you have finished eating there is a question about the case I would like to you to answer. Have you any idea why Tempest didn’t call the receptionist at the Stafford? If they had such a good case and I had been taking Mrs Pemberton back to the hotel they would only have to call him.
– I suspect they were uncertain about what he was likely to say and decided not to take the risk. It is elementary, sweetheart, that one should not ask a witness a question when you do not know what the answer will be.
– But there would be no reason why Pemberton couldn’t have arranged for Jackson to go and speak to him. To find out what he would say.
– Of course, you are right, Adam. And I am sure he did.
– So that suggests that whatever he said was unhelpful to Pemberton’s case?
– I am sure you are right.
– So if that is the case, shouldn’t we be getting a statement from him?
Blytheway was on his feet now. He shot a look in Jones’s direction. The solicitor looked embarrassed. Roly sighed.
– We already have one, Adam. I asked Mr Jones to carry out that commission.
– Why didn’t you tell me? What did he say?
– Two questions! Answering the second first, the receptionist said that you always brought the same woman back and that woman was Betty.
– So, we will be calling him?
– No. To answer your first question: I have no doubt that he gave the same answers to Jackson. You would not call, as your own witness, someone who could put a hole in your case.
– That’s why we should call him.
– Don’t be dense, Adam! You should know better. We are talking about a fundamental point here. If Tempest called him he would be stuck with the answers he had given to Jackson. He is not allowed to cross-examine his own witness. If, on the other hand, we called him, Tempest could challenge his story. He is very good at that you know.
– But why should we worry? He would be telling the truth.
– Trust me, Adam. I have an unerring instinct in these matters. If it is any consolation Mr Jones’s initial view was the same as yours. That is why I decided that it would serve no purpose to discuss the evidence of the receptionist with you. Come. We shall be late. It would not do to keep Mr Justice Wilkinson waiting. Punctuality is all.
And he headed out of the café and was crossing the Strand almost before the bell on the door had rung.
****
– Yes, Mr Blytheway?
– May it please your Lordship.
The court was full. Simon Jenkins was still in the back of the court with the rest of the public. Blytheway swivelled towards Julia Pemberton.
– Mrs Pemberton. As you know, I ask questions on behalf of Mr Falling, who sits behind me. You have probably gathered from the evidence so far that Mr Falling is a heavy smoker and he tended to Woodbines, which are cheap and ill-smelling?
– Yes.
– You told this court that you can’t abide smoking?
– It is a filthy habit!
– Would you countenance a relationship with such a man? A married man who smokes heavily – and smokes an inferior brand of cigarette? You may not know this but he has graduated to rather smelly Turkish cigarettes.
&nb
sp; – Never! It is a most unattractive habit!
– You will also have heard evidence that Mr Falling is a man who consorts with prostitutes – he has admitted as much. When you wrote your letter to him were you aware of that fact?
– I was absolutely disgusted! It made me understand why Jeremy disapproved of him so. If I had known that, I would never have sent a letter to him. He deserves all he gets! I’m only sorry that Jeremy came to the conclusion that I was in some way involved. It makes me feel sick just to look at him!
Adam chanced a glance in the direction of the press box. They stared back at him as they formulated their pen-portraits of a despicable human being. He bowed his head and tried to look, without being noticed, at the Judge. Judicial eyes bored into him. The expression on the face of Mr Justice Wilkinson left no doubt as to the view he took of this particular member of the Bar.
– I want to ask you briefly about Jenny Pemberton. You have expressed your deep remorse over your reaction to learning that it was Jenny and not Agnes who had been killed.
– Yes.
– You have also told the court that you loved her and knew that she loved Mr Jenkins.
– Yes.
– It is right, is it not, that you went to visit Mr Jenkins in hospital after that terrible incident?
– Yes.
– And that you went out of your way to ensure that he could attend her funeral, and supported his limping damaged body as he made his way to her grave?
– How could you possibly know that?
– I’m sorry, Mrs Pemberton, but it is not for you to ask me questions. You must merely answer mine. Is what I have put to you true?
– Yes.
– Why did you do that?
– I knew how much Jenny loved Simon. And if what she told me was right, he loved her as well. I was distraught at Jenny’s death but I also knew that Jeremy’s suffering was greater and that for Simon to lose the love of his life would have been intolerable. I was trying to make amends.
– No further questions, my Lord.
Blytheway coiled smoothly back into his seat. Sir Patrick Tempest rose to his feet to begin his cross-examination of Mrs Julia Pemberton
Chapter One Hundred and One
(Tuesday 6th May 1941)
Tempest was always going to get an easier ride than the other barristers. He had achieved more than most High Court Judges, he had beaten them frequently before they had been appointed and he had a reputation for sharp put-downs when a judge, injudiciously, intervened; all this meant that the man sitting under the royal coat of arms thought twice before challenging him. That was particularly so when the gentlemen of the press were out in force. He rose to his feet.
– Mrs Pemberton. I would like to ask you first about your background. About the time before you met Mr Pemberton. What did your father do for a living?
– I don’t rightly know. He went out to work every day in his suit and carrying his briefcase and then he would come home in the evening. Something to do with money.
Tempest affected surprise.
– You mean that you don’t know what your father did for a living?
– He and I didn’t get on.
– He wasn’t enormously successful, was he? Financially, I mean?
– I never really thought about it.
– You confided about your parents to Mr Pemberton at the outset of your courtship, did you not?
– I don’t know what you are talking about.
– You said that they were poor and mean-spirited?
– It is all a long time ago.
– They wouldn’t even let you have a dolls’ house for Christmas?
– That is true.
– You didn’t really like them, did you?
– I really don’t understand what you are getting at.
– Are they here today?
– My father died some years ago.
– And your mother?
– She is not here.
– It is customary, is it not, for the bride’s family to finance the wedding?
Mr Justice Wilkinson intervened.
– How is this helping me, Mr Tempest?
– Bear with me, my Lord.
The judge subsided.
– Would you accept that proposition?
– Yes.
– But my client, Mr Pemberton, paid for everything did he not?
– He did.
– You received no financial settlement– there was nothing established in your favour in the event of the marriage failing?
– I married for love.
– But the reality is that you have no independent fortune?
– I do not.
– So, if your husband, my client, proves that you committed adultery with Mr Falling you will be left with nothing?
– I suppose that is true.
– And you love Stephen, Sebastian and Agnes.
– Of course.
– And you will lose them too?
Julia bowed her head and covered her eyes. Her voice burbled with emotion.
– Yes.
– So if you lose this case – if I satisfy the court that you did indeed commit adultery with Mr Adam Falling – you will lose all your possessions and you will lose the custody of your children. Were you aware of that?
– I suppose I was, yes.
– So you have two very good reasons for resisting you husband’s petition. You don’t want to lose all the money and financial security and you don’t want to lose your children?
– I don’t want to lose my husband! I love him!
She shouted this and wept as she said it.
– Now I want to ask you about your education. This is not a criticism but you did not go to university did you?
– No.
– You have limited formal education, would that be fair?
– I didn’t have much choice.
– What do you think, aesthetically, of the works of Evelyn Waugh?
– I don’t know what you are talking about. He wrote good stories. All I want from a book is a good story.
– What about Orwell? He’s a socialist isn’t he?
– He writes about the poor. I don’t see what is wrong about reading about the poor.
Julia was coping quite well with the questions she was being asked. She made it all seem so credible.
– Do you remember talking in you sleep?
– Of course I don’t!
– “Not now, one day perhaps” – and then you sobbed. Can you tell the court what you were dreaming about?
– Mr Tempest. We all have dreams when we are sleeping. Most of them we don’t remember. I was so shocked by what Jeremy said at breakfast that I tried very hard to remember what I had been dreaming about. But I could not.
Tempest was very good but he was not able to crack his witness. On the issue of Jenny’s diary his approach was subtle.
– You fully accept that you have kept no personal records of the dates when you met with Jenny?
– Why should I?
– So, if she is wrong about those dates then your alibi explodes?
– I suppose so.
– What time of the day did you meet Jenny?
– It varied. But it was usually at around four.
– So, that doesn’t preclude a possible meeting before or after you met Jenny?
– I suppose it doesn’t. Although usually we would leave the house together and come back home again together. I spend most of my days at home. There was only one occasion when we didn’t leave the house together and that was the last time we went there. I went to her room to collect her and she was busy writing a letter to Mr Jenkins so I went ahead and she caught me up. The only times we didn’t go home together were when I had to go to Westminster and help chart the bombs.
– Is it possible that Jenny was mistaken as to the dates she marked in her diary with a cross?
Julia paused before answering, and cocked her head to one side as she ga
ve the question some thought.
– Yes. I suppose she could have been mistaken. I can’t really say one way or the other. As you know, I have no independent record. On the other hand she is … was … always so meticulous.
– You have been married to Mr Pemberton for around fifteen years, haven’t you?
– I have.
– Would you say that you know your husband well?
– I think so.
– I hope he will forgive me for stating this but he is a very intelligent man, is he not?
– I can certainly agree with that.
– And astute?
– Very.
– Level-headed?
– Yes.
– Balanced?
– That’s why he is so good at his job.
– He’s not a man given to making outlandish allegations?
– No. Which is why all of this …
She threw a look, which encompassed the judge, counsel, the press and the public, around the courtroom.
– … is so baffling to me.
– Would you also accept that he has always been discreet?
– I believe so.
– He is not a man who likes “scenes”?
– I am sorry?
– He is not a man who is in the habit of having loud arguments in public?
– I suppose not.
– Washing dirty linen in public?
– No.
– You told the court that he would frequently come home from work and speak of the members of his chambers to you, albeit you say that he rarely mentioned Mr Falling until recently.
– Yes. He liked to let off steam. I think he liked to bounce things off me.
– These were cosy evening conversations between husband and wife?
– Yes.
– Although nothing was said between you about them, you both understood that what was said was confidential?
