The Brief: Crime and corruption in 1960s London (Charles Holborne Legal Thrillers)
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THE BRIEF
Charles Holborne Thrillers
Book One
Simon Michael
For RM and ADM
“The first thing we do, let’s kill all the lawyers”
– HENRY VI, PART II
Table of Contents
PART ONE: 1960
CHAPTER ONE
CHAPTER TWO
CHAPTER THREE
CHAPTER FOUR
CHAPTER FIVE
CHAPTER SIX
CHAPTER SEVEN
PART TWO: 1962
CHAPTER EIGHT
CHAPTER NINE
CHAPTER TEN
CHAPTER ELEVEN
CHAPTER TWELVE
CHAPTER THIRTEEN
CHAPTER FOURTEEN
CHAPTER FIFTEEN
CHAPTER SIXTEEN
CHAPTER SEVENTEEN
CHAPTER EIGHTEEN
CHAPTER NINETEEN
CHAPTER TWENTY
CHAPTER TWENTY-ONE
CHAPTER TWENTY-TWO
CHAPTER TWENTY-THREE
CHAPTER TWENTY-FOUR
CHAPTER TWENTY-FIVE
HEAR MORE FROM SIMON
A NOTE TO THE READER
HISTORICAL NOTES
ALSO BY SIMON MICHAEL
PART ONE: 1960
CHAPTER ONE
The clerks’ room is its usual, frenetic, five o’clock worst. Stanley is holding conversations with two solicitors on different telephones, Sally is fending off questions from two members of Chambers while scanning the Daily Cause List and Robert, the junior, is optimistically trying to tie a brief with one hand while pouring a cup of coffee for the head of Chambers with the other. Sir Geoffrey Duchenne QC returned from the Court of Appeal ten minutes earlier, muttering that Lord Bloody-Justice Bloody-Birkett was to the law of marine insurance what Bambi was to quantum physics, ejected another barrister’s conference already in progress from his room and slammed the door. He can still be heard giving a post-mortem of the day’s defeat to the senior partner of the firm of solicitors that instructed him. Superimposed on all this is the clatter of the two typists generating an apparently endless stream of fee notes to go out in the last post.
Charles Holborne pokes his head into the clerks’ room and wonders if he’ll be able to make himself heard. Dark, curly-haired and described by his criminal clients as “built like a brick shithouse”, Charles is the odd man out in these chambers. Indeed, he is the odd man out in the Temple and the Criminal Bar generally. The only barrister in Chambers to have been state-educated, he got into Cambridge by virtue of a scholarship and, perhaps, the DFC earned as a wartime Spitfire pilot. Charles had what they call a “good war” and it’s been opening doors for him ever since.
He watches with a smile as Sally — pert, cheeky Sally from Romford — politely tells Mr Sebastian Campbell-Smythe, a senior barrister of fifteen years’ call, to return to his room and not to disturb her. If he causes her to miss his case in the List, he’ll not be best pleased, will he? Sally, thinks Charles, not for the first time, is ideally suited to life as a barristers’ clerk. She’s quick-witted and quick-tongued enough to keep in line twenty-six prima donna barristers all her senior in years, supposed social status and intelligence without actually crossing the line into rudeness. Stanley, the senior clerk, has high hopes of her.
She turns towards the door and sees Charles.
‘Going to Mick’s,’ he mouths, making exaggerated saucer and cup-lifting motions with his hands.
She smiles. Notwithstanding Charles’s education and carefully cultured accent, he’s an East Ender like her, and there’s something of an unspoken bond between them.
‘Don’t forget your buggery con…’ she says, as nonchalantly as if the case had been a vicar summonsed for careless driving. She reaches for the diary and runs her finger down it until she finds his initials. ‘Four-thirty.’
Charles nods. He’s already read the case papers and there’s time for a cup of tea and a bite to eat at the café on Fleet Street before his client and the solicitor arrive for the conference.
Pulling his coat around him, Charles steps out from Chancery Court into the rain. A gust of wind bows the bare branches of the plane trees towards him and threatens to dislodge his hat. He jams the hat more firmly on his head and walks swiftly across the shiny cobbles towards the sound of traffic. He still loves the sensation of dislocation he experiences every time he walks through the archway from the Dickensian Temple onto twentieth century Fleet Street. The Temple has barely changed in three hundred years, and the sense that it’s caught in a fold in time is always strongest in the winter, when mist regularly drifts in off the Thames and the gas lamps are still lit at four o’clock each afternoon by a man with what resembles a six-foot matchstick. The Benchers responsible for running the Inn are debating the installation of electric lights and Charles knows it’s only a matter of time, but he’ll miss the hiss of the gas, the fluttering flames and the shifting shadows.
He turns onto Fleet Street and walks in the direction of St Paul’s Cathedral, its dome barely visible in the murky light, past the Black Lubianka, the affectionate name of the Daily Express’s art deco headquarters, and through a small steamy door. He’s greeted by a hot exhalation of bacon fat and cigarette smoke.
“Mick’s” offers cheap meals for fourteen hours a day and is second home to both Fleet Street hacks and Temple barristers. Its all-day breakfast, a heart-stopping pyramid of steaming cholesterol for only 1s 6d, is legendary. Charles loves the feel of the place, the easy conversations and ribald jokes about cases, clients and judges. The tension of a long court day, particularly the miseries of an unexpected conviction or swingeing sentence, can here be assuaged in a fog of smoke and chip fat. It also makes a welcome change from the rarefied atmosphere of 2 Chancery Court, where most of Charles’s colleagues deal in the bills of lading, the judicial review, and the leasehold enfranchisement of civil work.
At this time of day, with courts adjourning for the night and Mick’s being on the route to and from the Old Bailey, the clientele is more barristerial than journalistic, although Charles sees and waves to Percy Farrow, a hack friend who’s covered several of his cases. Charles negotiates his way through the narrow gap between the tables towards the Formica counter and orders tea and toast. He looks for somewhere to sit, but Percy is deeply engrossed with a colleague, so Charles squeezes his way to a stool at the end of the counter, picking up a discarded Daily Mirror from an adjacent table. Then he recognises a tall man sitting two tables away from him, hunched over a cup of tea. Charles goes to the man’s table.
‘Thought it was you, Ozzie,’ says Charles, joining him.
The man starts and looks up sharply. Charles hasn’t seen Ozzie Sinclair, the tall lugubrious thief, for years. ‘I thought you were away,’ says Charles. ‘Weren’t you doing a stretch?’
‘Fuck me,’ says Ozzie, his eyes widening, making the puffy bags under them bulge like half-crescent satchels. ‘Charlie Horowitz, as I live and breathe.’
‘Charles Holborne now,’ corrects Charles. ‘For professional purposes.’
‘Oh yeah, sorry. I ’eard you was doin’ all right for yourself, Charlie.’
‘Can’t complain.’
‘Good on yer.’ Ozzie sighs. ‘Yeah, I was away. That bastard Milford-Stevens gave me six for one measly lorry.’
Charles doesn’t share the thief’s outrage. Now in his late forties, Ozzie has been in and out of prison for offences of dishonesty since he was thirteen; with his record, six years
for stealing a lorry full of condemned meat to sell to West End restaurants didn’t seem excessive to him.
‘Yes, I thought it was a bit steep,’ he says diplomatically. ‘But you’re out now. On licence, I assume?’ Ozzie nods. ‘And what brings you to this neck of the woods? You’re not in trouble already?’ Charles hitches a thumb over his shoulder towards the Temple. ‘Seeing a brief?’
Ozzie shakes his head. ‘No, nuffin’ like that. Harry Robeson’s given us some temporary work as an outdoor clerk. It helped with me parole. I’m just dropping papers off at some chambers.’
‘Harry Robeson, eh?’
There isn’t a criminal lawyer in practice who doesn’t know Harry Robeson, a villains’ solicitor with a clientele that includes most of the serious criminals in south London.
‘Interesting case?’ asks Charles. Like every barrister in the Temple, he’s always keen to know where the quality work is going.
‘Can’t tell you. All a bit ’ush-’ush.’ Ozzie drops his voice and leans forward. ‘It’s not a proper case yet, but it’s gonna be big.’
‘What do you mean “not a proper case”?’
Ozzie taps his fleshy nose conspiratorially. ‘Can’t say no more. ’Cept it’ll be a cutthroat.’
A cutthroat defence is one where the prosecution knows that one of the accused did the deed but can’t prove which, and each defendant points the finger at the other. Charles likes them; they’re usually as fun to prosecute as they are tricky to defend.
‘Fair enough.’
They chat for a few minutes about old faces from the East End and how the remaining bombsites are only now being redeveloped, but Charles has little to contribute. After a few minutes he knocks back the dregs of his tea, pops the last bite of margarine-saturated toast into his mouth, and pushes back from the table. ‘Best be off,’ he says. ‘Keep lucky, Ozzie.’
‘An’ you, mate.’
Returning to Chambers, Charles hears an argument in progress through the thick, centuries-old, oak door. A tall barrister in pin-striped trousers, in mid-rant at Stanley, whirls round as Charles enters.
‘There you are! Now look here, Holborne,’ Corbett says, using the formality of Charles’s surname to demonstrate his displeasure, ‘this is positively the last time. I’m going to take it up at the next Chambers’ meeting.’
Charles looks up at the man. Corbett is almost six inches taller than him, lean and fair. ‘Is there a problem, Laurence?’ asks Charles quietly, pointedly using Corbett’s first name.
‘Yes. That!’ replies Corbett, jabbing his finger in the direction of the waiting room.
‘Your con’s arrived, sir,’ explains Stanley patiently.
‘And?’ asks Charles.
‘And my fiancée has been sitting waiting for me in there with that rapist of yours!’
‘Yes?’ enquires Charles.
‘Don’t act the fool, Holborne. I know for a fact you’ve been asked by several members to keep your smutty clientele out of Chambers during normal office hours.’
‘Is my client with the instructing solicitor?’ Charles asks Stanley.
‘Yes, sir, he is sitting between Mr Cohen and his clerk. Mr Smith’s conference is waiting in there too, sir.’
‘Well,’ continues Charles, turning to Corbett and quickly stepping backwards to allow Robert to scurry past with an armful of briefs, ‘I’d have thought it unlikely that your betrothed would be ravaged in front of five witnesses, even assuming my client was interested in her, which I doubt. Irresistible though you no doubt find her, Mr Petrovicj is charged with buggering another male. He’s not, if you’ll excuse the pun, into women.’ Charles smiles.
‘That makes no difference at all, as you well know.’
‘I’d have thought it would make quite a big difference, particularly to Mr Petrovicj. However, if you’ll let me go and start my con,’ says Charles, turning his back on Corbett, ‘I can remove the evil influence from the room.’ Charles opens the door to leave, and pauses. ‘By the way, Laurence, I know you don’t do crime, but I’d’ve thought even you knew that a man’s innocent until proven guilty. Mr Petrovicj isn’t a rapist, or a bugger for that matter, till the jury says he is.’
An hour and a half later, Charles unlocks the main doors of Chambers, and directs Cohen’s clerk and the client towards Temple tube station. He returns to his room where Cohen is still packing his briefcase.
‘Thank you, Charles,’ he says. ‘That was very helpful.’
Cohen and Partners have instructed Charles loyally since his pupillage, and Charles doesn’t mind Cohen using his first name. It’s an informality that most of his colleagues wouldn’t tolerate.
‘My pleasure.’
‘I don’t want to hold you up,’ says Cohen, ‘but can we have a quick word about something new?’
Charles looks at his watch. He still has over an hour’s journey to get home, where things are already difficult enough with Henrietta. Another late return is not what he and his wife need. He reluctantly resumes his seat.
‘Fire away.’
‘I was duty solicitor at Snow Hill police station last night. They had two men in custody for the Express Dairies robbery and murder. I didn’t get a good look, but I think one’s an old client, a chap called Derek Plumber. He’s got a string of convictions for robbery, always as a getaway driver.’
Charles’s ears prick up. ‘Did you sign them up?’ he asks. He’s too junior to have been instructed on a murder case, but if Ralph Cohen has managed to get the two men to sign legal aid forms, a very tasty brief might be coming his way.
‘No,’ replies Cohen. ‘They were about to be interviewed, and I would’ve sat in, but the officer in the case was called away and they were left in the cells. Eventually I went home but, as I was leaving, I overheard that they’re going to be produced at Bow Street tomorrow. I don’t suppose you happen to be free, do you?’
‘I’m not in court,’ replies Charles tentatively, ‘so I suppose it might be possible.’
Cohen shrugs. ‘It might be a complete waste of time,’ he says, ‘and I can’t promise you’ll be paid. But if you happened to be there and they’re not represented yet … we could chap arein.’ The solicitor smiles and winks gently.
Charles is embarrassed at not knowing the Yiddish phrase and at the same time slightly irritated at the assumption that he would. Ralph Cohen, a greying man in his early sixties, has been in practice since just after the Great War. His offices, two rooms above a laundry in the East End of London where having a Jewish surname is a positive advantage, are emblazoned across three windows with “Cohen and Partners”. Different rules apply at the Bar, the much more elitist, Establishment branch of the profession, where class and religious prejudice are endemic.
Ant-Semitism has been a daily nuisance throughout Charles’s life. He and his brother David frequently returned home with bloodied noses, missing stolen schoolbooks and once, in David’s case, without his shoes. As a result their father, Harry, took the boys to the gym where he and his brothers had boxed since they were young. There, Charles discovered a talent for violence. By fifteen he was London Schoolboy Champion; during the war he represented the RAF and, when he picked up his education again at Cambridge, he got a Blue.
From then on Charles’s size and skill meant that he was rarely physically challenged. In any event, the anti-Semitism at Cambridge was more subtle; his peers and tutors traded not in fisticuffs but in snubs and closed doors. Still, by the time he was called to the Bar in 1950, Charlie Horowitz had metamorphosed into “Charles Holborne” and no longer considered himself part of the Jewish community.
Charles never refers to his Jewish background and prefers not to be reminded by others. Nonetheless, despite the camouflage of the false surname, shortly after he finished pupillage, a drunk driving brief from Cohen and Partners landed on his desk — the first brief in his own name, not a “return” from another barrister. Its delivery prompted glances and overheard comments about a “Jewish mafia”, but
that was unfair; had Charles been no good, he’d never have received another. On the other hand, if he was as good as the next man (or better) what was wrong, as old Mr Cohen used to say, with instructing a nice Jewish boy, even if he pretended he wasn’t? A man’s got to live, right?
‘Sorry?’ says Charles.
‘Chap arein; to take advantage,’ explains Cohen.
‘Oh, I see.’
Charles considers the offer. His desk is loaded with paperwork in arrears and he’s keen to have time out of court to clear some of it. He can’t really afford to waste half a day, unpaid, hanging around a Magistrate’s Court in the hope that two potential clients might be brought up without legal representation. On the other hand, it’s a murder, and Cohen has been loyal to him…
‘All right,’ he says. ‘I’ll go and see what I can do.’
‘Good man,’ says Cohen. ‘Take legal aid forms and sign them up if you get the opportunity.’
The two men shake hands and Charles shows the solicitor out.
Charles wrestles with the key in the lock of his front door, unable to get it to turn. His grip on the cloth bag containing his robes and the huge briefcase, both in his left hand, begins to slip and the set of papers clamped between his head and shoulder slides to the floor. He throws everything to the porch floor in exasperation and reaches again for the keyhole just as the door opens. A pretty blonde woman of about twenty stands on the threshold, her hair tied in a ponytail. She has some sheets over her arm, as if she’d been in the middle of making up a bed.
‘Yes?’ she asks. ‘Oh, it’s you, Charles,’ she says, opening the door to him.
Her pretence of not knowing Charles raises his ire one degree further. Fiona, the au pair, joined the household against Charles’s wishes three months previously. Her older sister had been at school with Henrietta, and Henrietta was prevailed upon to give her a temporary job while she looked around London for something more permanent. Within a fortnight of Fiona’s arrival, Henrietta had warmed to the arrangement and Charles had cooled to it. They had no children and Henrietta worked only two half-days in the village; they also had a cleaner; so why on earth, protested Charles, were they paying Fiona to sit around drinking their coffee all day? Now, however, she’s Henrietta’s best friend and her stay has become indefinite. Charles is sure that her insolence, to which Henrietta seems oblivious and which grows more offensive daily, is learned at her mistress’s shoulder.