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Authors: Winston Graham

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‘He must be acting on explicit instructions from the plaintiff', said Kidstone. ‘ Though I don't know quite what her motive can be.'

‘Perhaps', said Paul, ‘ she looks on it as a private quarrel, to be settled privately.'

‘Settled', said Freeman, looking up hopefully. ‘ Yes. I agree with you there. This is eminently a case not to take to court. There are too many pitfalls.'

‘When I spoke of its being settled', said Paul, ‘I didn't mean it in a legal sense. After all, if someone killed someone else in a duel, that would be called settled, wouldn't it?'

Mr Freeman coughed and turned over the papers in front of him. ‘There's no doubt the writ has been skilfully and thoughtfully worded. Wouldn't you agree, Kidstone? Of course, Mr Stafford, it's unfortunate there should have been this initial quarrel over the painting between you and the plaintiff. It gives colour to the suggestion that malice entered into the hanging of the picture in that particular company. That would colour a jury's view – if it ever came to a matter of a jury, which I trust it will not. Feelings may cool, Mr Stafford; in spite of what you say, feelings may cool.'

‘It would be for her to withdraw the charge', said Paul. ‘I'm not able to guess whether her feelings will change in the next few weeks.'

‘Perhaps an adequate apology, phrased in words to be mutually agreed, might help her to – to salve present anger.'

‘No apology', said Paul.

‘Ha – hmm. For the moment then we have to consider this little quarrel as if it
will
come to court … I take it from what you say that you wish us to enter a defence based on a simple plea of ‘‘no libel''?'

‘I think so. As far as I understand it.'

‘But—' I began.

Paul waved me to silence.

‘I must tell you, Paul', Kidstone said, ‘that if you restrict the defence in this way you're very much limiting your chance of success. And I'm certain whatever counsel we approach will tell you the same.'

The bad odour under Mr Freeman's nose became more unpleasant. ‘Of course, I don't know the full circumstances, but Mr Stafford may not be entirely wrong, Kidstone. There are special dangers to a plea of justification.'

‘Oh, I know. If it should go wrong, the plaintiffs damages will rocket. But how could it go wrong? Mrs Marnsett is a woman who's hardly been noted for her observation of the conventions. If properly handled the case wouldn't stand a chance of
coming
to court. The mere threat of justification would scare the daylights out of her.'

Paul said: ‘ Tell me again what justification means.'

‘It means that the alleged libel is no libel because it is more or less the truth. It means a justification of the construction put upon the offending matter by the plaintiff. In this case, if reasonable proof is forthcoming that Mrs Marnsett is a woman of light virtue, the association of her name and portrait with the names and portraits of other women of light virtue constitutes no libel and that's that.'

‘You mean if justification were forthcoming the case would collapse.'

‘Like a pack of cards. But of course Mr Freeman is right in that the proof would have to
be
convincing. British juries dislike attempted justification, especially against a woman, and a failure in this case would be disastrous. My point is that the mere
threat
of justification – if she isn't a woman of impeccable virtue, and I gather she isn't – would bring the case to a halt before it got off the ground.'

‘And if we stick to the other defence?'

‘Then it's simply argued out on its merits. Is such an exhibition a libel or not? I tend to think a judge will say yes. But if we get a good KC he may be able to bring Mrs Marnsett's character into the issue without actually attacking it. I'd say we had a fifty-fifty chance.'

Freeman said: ‘Certainly I would advise a few preliminary inquiries into Mrs M's character. That can do no harm and will give us a better view of the situation.'

Paul was silent for some moments, biting his lower lip. ‘No', he said. ‘Leave the woman's character out of it. This is a straightforward quarrel over a painting. She's a fool, but no
libel
was intended, so let the defence be based on that.'

‘Hm', said Mr Freeman. ‘Hm. Hm. Hm.'

‘You may find chivalry expensive, Paul', said Kidstone,

‘but if that's how you want it, let's see how it goes. In the meantime we must brief the best man we can to look after it.'

‘Whom do you suggest?'

We all looked at Freeman, who rubbed the place where his hair should have been.

‘Sir Philip Bagshawe is the top man.'

Paul grunted. ‘I've only seen him twice, but I don't like the frontal bones of his head.'

‘One thing we ought to consider', said Freeman, ‘is that if we don't retain him the other side almost certainly will.'

Paul stretched forward for a piece of blotting-paper and made some pencil lines on it. This he handed to the senior partner.

‘D'you see what I mean?'

‘Ha. Hm', said the senior partner, and blinked. ‘ Well, there's Bartlett and … whom do you suggest, Kidstone?'

‘There's Raymond Hart', said Kidstone.

‘Hart?' said Paul. ‘Yes, I've played poker with him. Not a bad fellow.'

‘We'll approach him', said Freeman. ‘We've not done much with him but he's certainly a coming man. I'll make an approach and see what he thinks. Eh?'

‘What's the normal amount of delay in a case like this?' I asked.

Freeman said: ‘The lists are pretty full.'

‘Not as bad as sometimes', said Kidstone. ‘ I was looking yesterday. We might get on about the middle of the Michaelmas term.'

‘Michaelmas?' said Paul. ‘ That's the
autumn
.'

‘Yes. Possibly early November.'

‘Good God.'

Mr Freeman smiled thinly. ‘ It will have to go on the special jury list. But, after all, it will give that much longer, won't it, for feelings to cool?' It was clear that he was firmly of the opinion that this case, one way or another, must never come to court.

Kidstone saw us down the dirty, narrow, creaking, uncarpeted staircase.

‘The law has a funny lopsided sort of wisdom', he said. ‘ Nothing quite works as one thinks it should, but the proper end is quite often achieved. The longer experience you have of it the more you come to see that. Will you be in the Hanover this evening, Paul?'

II

In silence we walked through the rain to where Paul's grey and silver Rover waited. We climbed in, and Paul offered me a cigarette.

‘Well?' he said.

‘Well, what d'you
expect
me to say? To congratulate you on your idiocy?'

‘Idiocy?'

‘Well, chivalry, as Kidstone calls it! For God's sake, Paul! I was sitting there like a kettle on the boil, wondering what the hell you were up to!'

‘And now you're letting off steam, eh?'

‘Why did you invite me and expect me to be a party to this nonsense? Of course you must justify!'

He started the engine but did not at once drive off. ‘How?' he said. ‘Send for Leo to talk about a passion five years cold?'

‘You know very well that Leo was not the only one – nor the last one.'

‘And what proof have I? One hears a lot – and sometimes Diana talks too much; but I haven't kept tags on everything she's done. It's not been
that
sort of a friendship, Bill. Anyway, Diana had a shock over the affair with Leo. Old Marnsett dug in his heels, and she's been more circumspect since.'

‘With you?' I said.

He turned his car out of the square and through the old gate. Then he had to stop while a lorry was turning.

‘It rakes two to make love as well as a quarrel.'

‘But one can usually provoke it.'

He smiled.‘OK. True enough. Of course I was Diana's lover in the early days. Since the break-up with Olive we've been – just good friends. Though twice – I have to confess twice – the friendship has led us into the bedroom.'

‘Well, it's damned
ridiculous
!' I said. ‘It's ludicrous – a woman claiming that you have damaged her reputation by hanging her portrait among light women, when she knows you only have to open your mouth to prove that she is one!'

‘It's not quite as easy as that, old boy. Even supposing I wanted to open my mouth, as you elegantly call it, what proof have I? We didn't exactly alert the parlour maid! And
wouldn't
the jury think me a fine fellow trying to justify without proof in
that
way! Great!'

We moved off again. I frowned out of the window. ‘But – but … Kidstone says – the mere
threat
should be more than enough. If she were to get away with this, the thing could cost you thousands … See the name of this street we're going through now? Carey Street. I don't want to see you ending up here.'

‘Nor do I. But we're a long way from that. Anyway, she may withdraw yet, as Freeman clearly hopes. That's if she's allowed to.'

‘Who would stop her?'

‘Shall I drop you at your office?'

‘Please.'

‘Who would stop her? I'm not sure she has gone all the way with this willingly.'

‘You mean Marnsett himself?'

‘Well, yes … Let's think it through. She was certainly beside herself with pique and fury when she first saw the picture. Obviously she got him to put pressure on the hanging committee to have it thrown out of the Academy. No doubt she foamed at the mouth when she'd heard where I'd hung her in my own exhibition. She may well have said,‘‘I'll
sue
him!'' and meant it. And there I suspect Brian Marnsett took her up on the idea. There are times, you know … Generally she has enormous influence over him; he gives her almost all her own way. But he's not altogether a fool, and now and then he suddenly puts his foot down and takes charge. Their relationship hasn't been too good for some time,'

‘You mean Diana's bringing this action against her will?'

‘Not exactly. But she may have made so many complaints about me to Marnsett that she can't back down now even if she thinks better of it – that is, and retain some sort of married association with him. It may be something of a test case for their marriage.'

‘For which you may suffer.'

‘I don't know …' He suddenly looked very tired. ‘I had a letter from Olive the other day.'

‘Oh? … Suggesting a reconciliation?'

‘Suggesting that I pay her more money.'

‘Does she know about your quarrel with Diana?'

‘Of course. It's the general gossip. She offers me her sarcastic sympathy. I sometimes wonder if she ever cared twopence for me.'

‘I think she cared a lot. But that doesn't mean she wishes you well now.'

He looked at me. ‘You've been seeing her?'

‘I saw her a while ago. I suggested then that you might make it up, but she didn't take kindly to the idea.'

‘Thinking back. Thinking back, I ask myself if I was not the one who was half-hearted – or not whole-minded anyhow. Perhaps I never have been whole-minded in any of my love affairs, that's the trouble.'

He stopped the car outside my office and switched off. The engine had a moment or two's over-run, suggesting it needed tuning. He said: ‘Whistler wrote a book called
The Gentle Art of Making Enemies
. I don't need any lessons from him.'

‘Two jealous women.'

‘What I need', he said, ‘is a lesson in the gentle art of making friends. Human values usually escape me. I deal mainly in the values of paint. Coming round tonight?'

‘I don't think I can. Having spent the morning with you …'

He said: ‘But one
does
need to be whole-minded where human beings are concerned. Otherwise all but the dimmest notice something missing. Sooner or later – usually sooner – people discover that burnt sienna is more important to me than blood ties; viridian seems to have a gentler influence than maidenly virtue … Yellow ochre, ivory black, orange chrome, cobalt blue, permanent crimson: I live 'em and breathe 'em and
eat
'em. And to what end? That's what I ask myself – to what end? Keeping a wife in a style to which she thinks she ought to become accustomed? And defending my nose-thumbing gesture in the law courts? I think I shall drive home and get drunk.'

Chapter Nine

The mild damp spring and summer slipped away, lit only by a sudden brilliant fortnight for Wimbledon. I saw little of Paul, as I was working very hard covering the effects of the General Strike. News reached me that Mr Raymond Hart had been briefed to lead us in the libel action, and that, true to Freeman's prophecy, the solicitors acting for Diana had briefed Sir Philip Bagshawe. Although there was talk of a settlement, nothing had yet come of it. Paul, through the columns of the
Spectator
, carried on an acid correspondence with two RAs on the subject of his criticisms of the selection committee; but it all seemed rather trivial and unimportant against the traumas of class strife.

I wasn't able to get down to see Lady Lynn again, but I learned that the lectute tour had proved such a success that it had been extended, and Holly and Sir Clement were not now expected back until late in the year.

One day at the beginning of August I lunched with Paul at his club. He gave me a large whisky and downed one himself. For the first time his skin looked unhealthy, and I wondered if he had spent a fair part of the last two months doing what he was doing now. Presently we were joined by John Connor, a big upstanding black-haired Irishman with a slow gentle way of talking that belied his fierce looks.

‘Glad you could make it, John. You've met Bill Grant … Bill, we have a proposition.'

BOOK: The Merciless Ladies
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