“And what was the court’s decision on that occasion?”
“The judge came down in favor of Mrs. Clifton.”
“No, Lady Virginia, he did not. I have Mr. Justice Cameron’s judgement to hand. He ruled that the will was valid, and that Mrs. Clifton’s mother was of sound mind when she executed it. Which is particularly relevant, considering what she had to say about you at the time.”
Sir Edward was quickly on his feet.
“Mr. Trelford,” said the judge sharply, before Sir Edward could offer an opinion, “we have already traveled down that road and it came to a dead end. Do I make myself clear?”
“I apologize, my lady. Would you have any objection to my asking Lady Virginia if I could read out—”
“Yes, I would, Mr. Trelford. Move on,” she said sharply.
Trelford glanced across at the jury. As it was clear from the looks on their faces they had ignored the judge’s instruction not to read any newspaper reports of the case and must have been well aware of what Mrs. Clifton’s mother thought of Lady Virginia, he was happy to obey the judge’s wishes and to move on.
“Lady Virginia, are you aware that despite the learned judge’s ruling in favor of Mrs. Clifton and her sister, Dr. Grace Barrington, they both agreed that their brother could go on living at their family home in Gloucestershire, as well as at the London house in Smith Square, while Mrs. Clifton and her husband continued to reside at their more modest Manor House?”
“I have no idea what Giles’s domestic arrangements were after I divorced him for adultery, let alone what Mrs. Clifton was up to.”
“You had no idea what Mrs. Clifton was up to,” repeated Mr. Trelford. “In which case, Lady Virginia, you must have either a very short or a very selective memory, because only a few moments ago you told the jury how much you admired Mrs. Clifton. Allow me to remind you of your exact words.” He slowly turned back a page of his file. “‘Emma has many admirable qualities, and has unquestionably been an outstanding chairman of a public company, making her a role model for aspiring professional women.’ That wasn’t always your opinion, was it, Lady Virginia?”
“My opinion of Mrs. Clifton has not changed, and I stand by what I said.”
“Did you purchase seven and a half percent of Barrington’s stock?”
“Major Fisher did on my behalf.”
“For what purpose?”
“As a long-term investment.”
“And not because you wanted to take a seat on the board of the company?”
“No. Major Fisher, as you well know, represented my interests on the board.”
“Not in 1958 he didn’t, because in that year you turned up at an Extraordinary General Meeting of Barrington’s in Bristol, claiming your right to sit on the board and to vote on who should be the company’s next chairman. For the record, Lady Virginia, who did you vote for?”
“I voted for Major Fisher.”
“Or do you mean you voted against Mrs. Clifton?”
“Certainly not. I listened to both their presentations most carefully and decided on balance in favor of Major Fisher, rather than Mrs. Clifton.”
“Well then, clearly you have forgotten what you said on that occasion, but as it was recorded in the minutes of the meeting, allow me to remind you. I don’t believe that women were put on earth to chair boards, take on trade union leaders, build luxury liners, or have to raise vast sums of money from bankers in the City of London. Hardly a ringing endorsement for aspiring professional women.”
“Perhaps you should read on, Mr. Trelford, and not be quite so selective in your quotations.”
Trelford looked beyond the paragraph he’d underlined, and hesitated.
Mrs. Justice Lane gave him a nudge. “I would like to hear what else Lady Virginia had to say on that occasion.”
“And so would I,” said Sir Edward, loud enough for everyone in court to hear.
Trelford reluctantly read out the next couple of lines. “I shall be supporting Major Fisher, and I only hope that Mrs. Clifton will accept the major’s generous offer to serve as his deputy.” Mr. Trelford looked up.
“Please keep going, Mr. Trelford,” prompted Lady Virginia.
“I came here with an open mind, willing to give her the benefit of the doubt, but sadly she has not lived up to my expectations.”
“I think you’ll find, Mr. Trelford,” said Virginia, “that it’s you who has either a very short or a very selective memory, not me.”
Sir Edward applauded, although his hands didn’t actually touch.
Mr. Trelford quickly changed the subject. “Shall we move on to Mrs. Clifton’s words which you claim were libelous and belittled you?”
“I’m quite happy to do so.”
“If it was your intention to bring the company down, Lady Virginia,” continued Trelford, as if he hadn’t been interrupted, “then … you have failed, and failed lamentably, because you were defeated by decent ordinary people who want this company to be a success. Now, Major Fisher admitted that he carried out his dealings in Barrington’s shares simply to make money, which in his case was illegal—”
“In his case, but not in mine,” said Lady Virginia. “In my case he was simply acting on my behalf. For all I know, he was giving exactly the same advice to several other clients.”
“So Major Fisher was not a close friend, who kept you in touch with what was happening on the board of Barrington’s, but simply a professional advisor?”
“Even if we were friends, Mr. Trelford, when it came to business matters, everything he did on my behalf was conducted at arm’s length.”
“I would suggest, Lady Virginia, that when it came to business matters, far from being conducted at arm’s length, it was very much hands-on, and, just as Mrs. Clifton suggested, the two of you planned on three separate occasions to try to bring the company down.”
“Mr. Trelford, I think you are confusing me with Mr. Cedric Hardcastle, a director of the company, who sold all his stock over the weekend before the AGM. When I asked Mrs. Clifton a perfectly legitimate question about who that director was, she seemed to have conveniently forgotten his name. Someone else with either a very short or a very selective memory.”
Sir Edward’s smile was growing broader by the minute, while Trelford was sounding less and less assured. He quickly turned another page.
“We all regret the tragic death of Major Fisher…”
“I certainly do,” said Virginia. “And as I said earlier, which I’m confident you will have recorded word for word, Mr. Trelford, I would never have considered issuing a writ in the first place if I had thought even for a moment that it could have resulted in the tragic and unnecessary death of my dear friend.”
“I do indeed remember your words, Lady Virginia, but I wonder if you noticed that just before proceedings opened this morning, a policeman entered this court and handed me a letter?”
Sir Edward edged forward in his seat, ready to pounce.
“Would it surprise you to know it was addressed to me, and that it was from your dear friend, Major Fisher?”
If Mr. Trelford had wanted to go on speaking, his words would have been drowned out by a cacophony of noise that came from all corners of the courtroom. Only the judge and the jury remained impassive. He waited for complete silence before he continued.
“Lady Virginia, would you like me to read out to the court the last words your dear friend Major Fisher wrote, moments before he died?”
Sir Edward leaped up. “My lady, I have not seen this letter in the bundle of evidence, and therefore have no idea if it’s admissible or even authentic.”
“The blood stain on the envelope would suggest its authenticity, my lady,” said Trelford, waving the envelope in front of the jury.
“I haven’t seen the letter either, Sir Edward,” said the judge, “so it certainly isn’t admissible as evidence until I say so.”
Trelford was quite happy for them to go on discussing the legal niceties as to whether the le
tter was admissible or not, well aware that he had made his point without having to produce any evidence.
Giles studied the sphinx-like expression on Trelford’s face and couldn’t be sure if Emma’s counsel even wanted the letter to be read out in court, but following what had started out as a triumphant morning for Lady Virginia, he had once again sown a seed of doubt in the jury’s minds. Everyone in the court’s eyes were on him.
Mr. Trelford tucked the envelope back into an inside pocket of his jacket. He smiled up at the judge, and said, “No more questions, my lady.”
44
WHEN THE CELL DOOR swung open on Tuesday morning, two guards marched in to find Harry and Babakov sitting on the floor in opposite corners of the cell, not speaking.
They grabbed Babakov and, as they dragged him out of the cell, Harry bowed his head as if he wanted nothing to do with the man. A moment later two more guards appeared, walking at a more leisurely pace. Although they took Harry firmly by the arms, they didn’t jostle, push, or drag him out of the cell, which made him wonder if it was just possible that Babakov’s plan had worked. However, the guards didn’t let go of Harry as they led him up the stairs, along the corridor, and into the courtroom, as if they feared he might try to make a run for it. But where would he run, and just how far did they imagine he would get?
Harry had insisted that Babakov sleep on the one thin mattress in their cramped cell, but the Russian had refused, explaining that he couldn’t afford to get used to such luxury when he would be returning to a stone floor in Siberia on Tuesday night. Sleeping on the straw that was liberally scattered over the floor was quite enough luxury for one weekend. The truth was, neither of them had slept for any length of time, which brought back memories for Harry of his days behind enemy lines. By the time the guards came to collect them on the Tuesday morning, they were both mentally and physically exhausted, having used every available hour for the challenge they had set themselves.
When the two guards accompanied Harry into the court, he was surprised to find the chief prosecutor and the jury already in their places. He hardly had time to catch his breath before the door at the back of the room opened and the three judges entered and returned to their seats on the raised dais.
Once again, the tribunal chairman didn’t even glance in Harry’s direction, but immediately turned to the jury. She opened a file in front of her and began what Harry assumed was her summing up. She only spoke for a few minutes, rarely raising her head from the text. Harry could only wonder who had written it, and when.
“Comrades, you have heard all the evidence, and have had more than enough time to consider your verdict. Can there be any doubt that the prisoner is guilty of the crimes he has been charged with, and that he deserves to be sentenced to a long term of imprisonment? The jury will be interested to learn that this will not be the prisoner’s first experience of jail. He has already served a sentence for murder in the United States, but do not let that influence you, because it is you, and you alone, who must decide if he is guilty.”
Harry had to admire the fact that the other two judges were able to keep a straight face while she continued to read out the prepared statement.
“Comrades, first let me ask you if you need to retire to consider your verdict?”
A man seated at the right-hand end of the front row, as befits a bit-part player, stood up and, sticking to his script, said, “No, comrade chairman.”
“Have you reached a verdict?”
“Yes, we have, comrade chairman.”
“And is that verdict unanimous?”
“Yes, it is, comrade chairman.”
“And what is your verdict?”
Each of the twelve members of the jury picked up a piece of paper from their chair, and held it high in the air, revealing the word GUILTY.
Harry wanted to point out that there was only one piece of paper on each chair but, as Anatoly had advised, he looked suitably chastened when the comrade chairman turned to face him for the first time.
“The jury,” she declared, “has unanimously found you guilty of a premeditated crime against the state, and I, therefore, have no hesitation in sentencing you to twelve years’ imprisonment in a labor camp, where you can once again share a cell with your criminal friend Babakov.” She closed her file and paused for some considerable time before adding, “However, as Colonel Marinkin recommended, I will offer you one last chance to sign a confession admitting your crime and the terrible mistake you have made. Should you do so, your sentence will be suspended, and you will be extradited and never allowed to visit the Soviet Union or any of its satellites again. Should you ever attempt to do so, your sentence will automatically be reinstated.” After a short pause she said, “Are you willing to sign a confession?”
Harry bowed his head and said, very quietly, “Yes, I am.”
For the first time, all three judges showed an emotion—surprise. The chairman couldn’t hide her relief, unintentionally revealing what her masters had clearly always wanted.
“Then you may approach the dais,” she said.
Harry stood up and walked over to the three judges. He was shown two copies of the confession, one in Russian and the other in English, both of which he read carefully.
“You will now read your confession to the court.”
Harry read the Russian version first, which brought a smile to the lips of the comrade chairman. He then picked up the English version and started to recite it. From the blank stares he received he wondered if anyone in that courtroom understood a word of English. He decided to take a risk, change the occasional word, and see how they reacted.
“I, Harry Clifton, a citizen of the United Kingdom, and President of PEN, have involuntarily and with coercion, signed this confusion. I have spent the past three years with Anatoly Babakov, who has made it clear to me that he did work in the Kremlin, and met Comrade Chairman Stalin on several occasions, including when he was awarded his degree. Babakov also admitted that the book he wrote about Comrade Stalin was fact, and not a figment of his imagination.
“I shall continue to demand Babakov’s release from prison, now that I am aware of the lengths this court went to, in order to deceive the public with this fraud. I am most grateful to the court for its lethargy on this occasion, and for allowing me to return to my own country.”
The chairman handed him a pen and he was just about to sign both copies when he decided to take a second risk.
* * *
“Members of the jury,” said Mrs. Justice Lane. “It now falls to me to sum up what has been a complex case. Some facts are not in dispute. Mrs. Clifton does not deny that when addressing a packed annual general meeting of her family company, she made the following reply to a question from Lady Virginia Fenwick, and later had it recorded in the minutes of the meeting: If it was your intention to bring the company down, Lady Virginia, then … you have failed, and failed lamentably, because you were defeated by decent ordinary people who want this company to be a success.
“The defendant, Mrs. Clifton, has testified that she believes her words were justified, while the plaintiff, Lady Virginia, claims they are libelous. Whether they are or not is what this trial is about, and the final decision is yours.
“Your biggest challenge, may I suggest, is to make a judgement about the two women involved in this case. You have seen them both in the witness box, and I suspect you will have formed your own opinion as to which you consider the more credible. Do not allow yourselves to be influenced by the fact that Mrs. Clifton is the chairman of a public company, and therefore should be given some leeway when answering a question from someone she considers hostile. What you must decide is whether she libeled Lady Virginia, or did not.
“Equally, you should not be overawed by the fact that Lady Virginia is the daughter of an earl. You must treat her no differently than you would your next-door neighbor.
“When you retire to the jury room to consider your verdict, take your time. I am in no hurry. And do not fo
rget that the decision you are about to make will affect both of these women for the rest of their lives.
“But first, you must select a foreman, who will act as chairman. When you’ve reached your verdict, please tell the jury bailiff that you wish to come back into court so that I can inform all those directly and indirectly involved in this case to return to hear your decision. I shall now ask the jury bailiff to escort you to the jury room, so you can begin your deliberations.”
A tall, elegantly dressed man with a military bearing and wearing what looked like a schoolmaster’s gown stepped forward, and led the seven men and five women of the jury out of the courtroom. Moments later, the judge rose from her place, bowed to the court and returned to her chambers.
“What did you make of the summing up?” asked Emma.
“Measured and fair,” Mr. Trelford assured her. “You have nothing to complain about.”
“And how long do you think it will take them to reach a decision?” Giles asked.
“It’s impossible to predict. If they are all in agreement, which I think is highly unlikely, no more than a couple of hours. If they are divided, it could be a couple of days.”
“Can I read the letter Major Fisher sent to you?” asked Sebastian innocently.
“No, you cannot, Mr. Clifton,” said Trelford, pushing the envelope further down into his inside pocket, “and nor can anyone else, unless and until Mrs. Justice Lane allows me to reveal its contents. I cannot, and will not, go against the express wishes of the judge. Good try, though,” he said, grinning at Seb.
* * *
“How long are we expected to hang about?” asked Virginia, who was sitting with her counsel on the other side of the courtroom.
“I’ve no idea,” said Sir Edward. “If I were to hazard a guess, I’d say a day, possibly two.”
“And why did Major Fisher address his last letter to Trelford and not to you?”
“That I haven’t been able to work out. But I confess I’m puzzled why Trelford didn’t press the judge more strongly to be allowed to read the letter to the jury, if it was at all likely to benefit his client.”
Mightier Than the Sword Page 36
