Brian Freemantle - A Mind to Kill

He had sufficient to create reasonable doubt, the corner-stone of defence. To seek more – which he could – would turn what the following day’s newspapers and television would build into a legal and public phenomenon, for which there wasn’t an adjective extravagant enough to describe. And for whom would he be doing it, by going further? For Jennifer, whose categoric instructions had been to prove her not guilty of murder? Or for his impatient, ambitious self, cynically grabbing the opportunity to pole-vault ten, maybe fifteen mundane, ladder-climbing years with one mighty leap to the Sir Richard Proudfoot ice-capped echelon? Yet more questions for which he couldn’t find an answer. Maybe never would.

After the pleasantries from on high, Hall went through the ritual at his level, tempering the sycophancy by coupling it with the establishment of Ross Hamilton Forest’s legal qualifications.

That done, Hall said, ‘At the request of my instructing solicitor, Mr Perry, did you some time ago establish in the United States of America the marriage of Gerald James Lomax to Jane Mary Herbetson?’

In Jennifer’s head there was again the sound of sharply indrawn breath. ‘ I don’t want to hear this.’

You don’t have a choice: isn’t that what you’re always telling me? thought Jennifer.

‘ Shut up! ’

Tables turned!

‘I did, sir,’ beamed Forest. He had the tanned face of a man who conducted a lot of business on a golf course or from a yacht on the Potomac.

‘Jane Mary Herbetson was Gerald Lomax’s first wife?’

‘She was indeed, sir.’

‘The daughter of one of the most respected families in Virginia?’

‘Proud history going back over two hundred years, according to my enquiries: one of the founding fathers of our great and good country,’ said the American lawyer, proudly. ‘Her father was the Episcopalian bishop: there’s a bust in his cathedral, commemorating the work and the impact he made within his diocese. Mrs Herbetson was an extremely rich woman and throughout their lives together – and after her unfortunate death – the bishop was an extremely generous benefactor. He personally paid for two schools and a clinic for the disadvantaged. In his will he left a substantial bequest in trust to benefit the poor.’

‘What do you mean by Mrs Herbetson’s “unfortunate” death?’

‘The poor lady drowned, in a boating accident when Jane was just fifteen years old.’

‘ Pompous legal prick. Probably first generation descent from some Irish shit-kicker! ’

‘As I understand it, Mr Forest, there is a certain statutory health requirement in your country – certainly in the State of Virginia – prior to marriage?’

‘There most certainly is, sir.’

‘ Bastard! Bastard! Bastard! ’

‘Of particular importance in view of a condition from which Jane Mary Herbetson suffered from birth?’

‘The poor child was a diabetic’

‘ Poor child, my ass! ’

‘Quite so, as this court has already heard. What is the requirement we’re talking about?’

‘Blood tests, sir. To ensure compatibility: a protection for offspring. And for any hereditary disease.’

‘Such tests were conducted upon Gerald Lomax and Jane Mary Herbetson?’

Despite the judge’s earlier warning there was a growing murmur of anticipation from the media coral. Jarvis looked sharply towards it: the noise lessened only very slightly.

‘They were, sir.’

‘And are retained, on file?’

‘For a statutory period.’

‘You were able to gain access to those records and have an affidavit from the doctor who compiled them sworn before a judge in Washington DC yesterday? And which you produce to my Lord and to this court today?’

On cue the American took an impressively bound folder from his briefcase and handed it to the waiting usher.

‘Would you tell the court the blood group registered as that of Gerald James Lomax?’

‘AB Rhesus Positive.’

Here we go, thought Hall, the moment of no-turning-back commitment: saving Jennifer from one fate without any idea of what other she might be thrust into by what he was going to say and do. ‘And would you tell the court the blood group registered as that of Jane Mary Herbetson?’

‘O Rhesus Negative.’

The court exploded, beyond any control. The predominant reaction was, predictably, from the media in a virtual mass exodus from the room. But there was a lot of noise, discernible gasps, from the jury. An aviary of sound descended from above from the public gallery.

The time it took to restore order gave Jeremy Hall the opportunity finally to make up his mind. His primary duty, always, was to Jennifer. And the only course open to Sir Ivan Jarvis was now a positive direction that to proceed upon the newly available evidence would be unsafe, in law. Which fell short of a verdict of not guilty. So, Hall convinced himself, he had to press on. He turned, to smile at the strained-faced Jennifer, aware as he did so of several of the returning journalists bunched around Humphrey Perry, who was making rapid, dismissive hand gestures.

There was still some noise when Jarvis hurried Hall on, but it ended abruptly when Hall turned back to the American, no-one wanting to miss a single word of the exchange.

‘Those findings are written ones, the result of pathological examination carried out prior to the marriage?’ Hall resumed. ‘The actual samples themselves no longer exist.’

‘No, sir. Storage would be an impossible task.’

‘Mr Forest, you have travelled an extremely long way for what may seem a very short period of time to give evidence in this court. But, in thanking you, I assure you your help and your evidence has been invaluable.’

Once again Keflin-Brown declined to examine and there was a hiatus of several minutes while Jarvis effusively thanked the American lawyer, who, equally effusive, insisted it had been a pleasure.

‘Mr Keflin-Brown?’ invited the judge, after Forest stood down.

‘As I made clear to you in chambers this morning, my Lord, I am subject to your direction.’

‘I am minded, Mr Hall, to make a certain recommendation to the jury. Is there anything further upon which you feel it necessary to address me, before I do that?’

‘There is, my Lord. But with the greatest respect, anticipating your Lordship’s possible feelings, I wonder if my submission might be made in the absence of the jury…?’

‘ What’s the sneaky little bastard up to now? ’

Something else to screw you.

‘ He’s just building up penalty points against you. You’ll be sorry. ’

Hall was aware of Keflin-Brown’s sharp look and of Jarvis’s face closing against him. The judge said, ‘I trust you can infer the way my mind is directed. And I have allowed you considerable leniency, Mr Hall.’

‘Which I must assure your Lordship I have not – nor will – abuse.’

‘You are insisting?’

‘I am humbly requesting.’

‘Members of the jury,’ said Jarvis, turning towards them. ‘You will be taken to a room assigned for your deliberations while I hear a submission from learned counsel. You are not being excluded. Indeed, if I so decide, I will fully acquaint you upon your return with what Mr Hall has said. The purpose of asking you temporarily to leave is to prevent anything wrongly said during legal exchanges adversely to affect your final deliberations. I hope it possible to recall you very shortly.’

As the jury filed away Hall felt a tug at his gown and leaned back towards Humphrey Perry. ‘What are you going to do?’ demanded the solicitor. ‘It was obvious he was going to rule the prosecution unsafe. We’ve won.’

‘I’m going to prove her totally innocent…’ said Hall. He hesitated, guessing from how close and attentive Keflin-Brown was holding himself that the man could probably hear. ‘… and identify the real murderer.’