Authors: Brian Freemantle
âI hope I can be convinced of that,' Pullinger was saying. nodding again to Beckwith to resume.
Dr Mark Chapman came reluctantly to the stand and took the oath looking fixedly at Appleton and his lawyer, not averting his gaze until Pullinger stated, for the record, that the doctor had been called to give evidence upon the application of a defendant lawyer.
âDr Chapman,' began Beckwith, at Pullinger's indication, âwill you give, again for the benefit of the record and in full, not by acronym, your medical qualifications?'
Chapman's hesitation lasted so long that Jordan briefly thought the man was going to refuse, but finally Chapman responded, with clipped, stilted formality, the faintest trace of an Irish accent in his voice.
âIn addition to those qualifications, you also contribute to medical journals upon subjects within your chosen expertise, do you not?'
âYes.'
âRegularly?'
âNo.'
From the way Beckwith was standing Jordan could see the faint smile on his lawyer's face and guessed Beckwith had reached the same conclusion that he had, that the venerealogist intended to remain monosyllabic.
âHow many articles have you been responsible for in, say, the last five years?'
Chapman thought before replying. âSix.'
âTo the admiration of your peers? Dr Abrahams, for example?'
From Bartle's table there was movement that ceased at Pullinger's quick look.
âI do not know.'
âYou have not received letters of appreciation, congratulation, from other specialists in your field?'
âNot from Dr Abrahams.'
âBut from others?'
âOccasionally.'
âAs I made clear, I asked you to give your qualifications in full for the benefit of the court record. In assembling them for myself I discovered the possibility of you taking up a position as lecturing microbiologist at Boston's leading teaching hospital, which would accord you the title of professor, would it not?'
âThe appointment has not yet been made.'
âWere it to be made in your favour, Dr Chapman, would you include the diagnostic importance of antibodies and antigens in your lectures?'
The man's second hesitation was as long as the first. Eventually Chapman said, âOf course I would!'
âOf course you would,' echoed Beckwith. âBecause as we have heard in very informative detail from Dr Abrahams, the discovery or otherwise of antibodies and/or antigens is a very necessary part of the investigation into infections and disease, either bacterial or viral, are they not?'
âYes.'
âWhy then, doctor, didn't you include your discovery of antichlamydia IgG in your examination of Alfred Appleton, the purpose of which was to establish whether Alfred Appleton had suffered, or was suffering, a chlamydia infection?'
âI was responding to the instructions with which I had been served,' said Chapman, with the quickness that hinted at prior preparation.
Now it was Beckwith who let the silence build into a mocking echo. âYou were responding to the instructions with which you had been served?'
âYes.' Chapman's concentration was again on Bartle.
âWhich were?' persisted Beckwith.
Chapman had both hands gripping the side of the witness stand, as if he physically needed its support and his face was markedly flushed compared to his complexion when he'd first entered it. Formally, his voice fluctuating, he recited, âTo examine Alfred Appleton and carry out various recognized tests to establish whether Alfred Appleton was suffering a venereal infection, specifically chlamydia. At the time of my examination, he was not. That is what I said in my report.'
âYour
original
report,' qualified Beckwith.
âMy original report,' agreed the venerealogist.
âAt the time of that original report â during your investigative examination â you found antichlamydia IgG in Alfred Appleton's blood, did you not?'
âYes.'
âWhich proved that he had suffered such an infection and been treated for it?'
âYes.'
âBut you chose not to include that finding?'
âI was following the remit that I had been given. At the time of my examination, Alfred Appleton did not have a venereal infection.' The man continued staring fixedly at the table at which Appleton and his lawyer sat.
âYour honour!' broke in Bartle, groping to his feet. âCan I help by confirming what Dr Chapman is telling the court? The remit to which Dr Chapman is referring was mine.'
âKnowing of its relevance in the case before us, you did not ask Dr Chapman to provide evidence of your client having an infection in the past, only if he suffered it at the
time
of examination?' demanded the judge, making no effort to keep the incredulity from his voice.
âThat is so, your honour,' confirmed Bartle. âThe fault, the oversight, is mine, not that of Dr Chapman. And I humbly apologize.'
âI think, Mr Bartle, that this is something about which I have to reflect further.' Turning to the other side of the court Pullinger said, I think you have established your point, Mr Beckwith.'
âWith respect, your honour, I have a few more questions.'
A frown flickered across the judge's face. âLet's move along, Mr Beckwith.'
âDr Chapman,' resumed the lawyer. âStudying as I have your professional qualifications, I noticed also that you attended Harvard, as did Alfred Appleton? You were contemporaries, in fact?'
âYes.' There was a fresh tightening to Chapman's face.
âDid you know Mr Appleton at Harvard?'
âWe were acquainted.'
âHow were you acquainted?'
âWe shared a mutual interest.'
âIn sailing?' queried Beckwith.
âWhich I'm sure you already knew,' flared the other man, giving way at last to anger.
âI did indeed, Dr Chapman. But the court didn't until now. Have you continued to sail with Mr Appleton?'
âYes.'
âSo how would you describe yourself? As an acquaintance or as a friend?'
There was yet another pause before the man said, âAs a friend, I suppose.' The voice was quieter, controlled again.
âDid you attend your friend's marriage, to Alyce Bellamy?'
âYes.'
âHow would you describe Alyce Appleton, nee Bellamy, as an acquaintance or as a friend?'
âYour honour!' protested Bartle.
âI agree,' said Pullinger. âI think you have extended this examination sufficiently, Mr Beckwith. Is it your intention to call Dr Lewell?'
âIt most definitely is, your honour.'
âI shall permit it, on the grounds of fairness, but not with the same latitude as I have with this witness. Is that clear?'
âVery clear,' said Beckwith.
âThen I don't expect the need to remind you.'
Dr Jane Lewell's qualifications were not as extensive as those of either George Abrahams or Mark Chapman, but did include those of microbiology and gynaecology. She was a tall, thin woman, her face dominated by heavy, thick-rimmed spectacles. There appeared little attempt at make-up, nor to colour the greyness in her hair which she wore very short, cropped to the nape of her neck. Jordan's immediate impression, when she began responding to his lawyer's questions in a flat although confident voice, was that she was setting out to be as monosyllabic as the specialist doctor who had preceded her. It was quickly confirmed in a series of staccato, yes or no answers, despite Beckwith adjusting his questions to achieve fuller responses. Pullinger's mounting impatience came to its head after she agreed that Leanne Jefferies had suffered a chlamydia infection with Peter Wolfson's interrupting admission that her first, inadequate report had been a strictly accurate diagnosis according to his limited remit.
âSo there we have it!' insisted Pullinger. âBoth expert witnesses adhered to the very strictest letter of their legally permissible instructions â instructions that remain very much in the forefront of my mind â that had their evidence been presented in its original form could have seriously misled myself and a subsequent jury, but for the intervention of Mr Beckwith. It is now established for the benefit of subsequent proceedings that both Alfred Appleton and Leanne Jefferies suffered a venereal infection. Is this matter now concluded to your satisfaction, Mr Beckwith? It most certainty is to mine.'
âWith respect, your honour, I have questions to this witness that will occupy no more than five further minutes.'
âWhich I will time to the precise second,' said the judge.
âThe domicile of Ms Leanne Jefferies is 3200, East 106th Street, apartment 38b, Manhattan, is it not?'
âYes.'
âAre you Ms Leanne Jefferies' gynaecologist?'
âNo.'
âHad she been a patient of yours prior to her coming to you for the examination we are discussing today?'
âNo.'
âAccording to what has been indicated here today, it was Peter Wolfson, her attorney, who made the appointment, with its very specific remit, for Leanne Jefferies to be examined by you?'
âYes.'
âUntil this occasion, has Peter Wolfson had clients examined by you?'
âNo.'
âDid you not think it strange that a woman domiciled in Manhattan should be asked to travel all the way to Boston for an examination for which there are â¦' Reverting to theatrics, Beckwith consulted papers on the table in front of him. âThere are to my rough calculation twenty consultants with qualifications matching yours within thirty minutes, even allowing for the worst traffic?'
For the first time the woman lapsed into the previously familiar hesitations. Finally she said, âYes.'
âDid you ask her?'
âYour time is rapidly running out, Mr Beckwith,' warned the judge.
âDr Lewell?' hurried Beckwith.
âNo, I did not ask her.'
âHow friendly, professionally or otherwise, are you with Dr Chapman?'
âYou will answer that question and that will be the end of your examination,' ordered Pullinger.
âWe are friends, professionally and socially,' said the woman.
Twenty-Three
T
he chambers of Judge Hubert Pullinger were as frigidly austere as the man himself, wallpapered practically from floor to ceiling with legal books, each precisely in its regulated, indexed place, scribbled notes in the centre of an otherwise unmarked blotter, pens in a regimented holder beside a telephone console. The chesterfield, with matching chairs, was in red oxhide and unoccupied because Pullinger kept the four lawyers standing before him, his attention totally concentrated upon David Bartle and Peter Wolfson. The only physical indication of Pullinger's fury was the involuntary tap of an index finger, as if he were keeping occasional time with the sticky tick of the mahogany-cased grandfather clock creating the sole sound in the room, apart from the asthmatic rasp of Reid's breathing.
The judge still wore his robes and when he finally spoke, eyes now lowered over his prepared notes, the tightly controlled voice was so quiet that at first, until they adjusted, both Bartle and Reid strained forward to hear properly.
âThroughout the course of this outrageous day I have almost lost count of the offences that you, Mr Bartle, and you, Mr Wolfson, have caused and inflicted upon my court. The most obvious is contempt, the worst to which I believe I have ever been subjected in twenty-five years upon this bench. There is no mitigation or explanation that I will accept from either of you. I have been minded to abandon the full case before it officially opens â which is why I have interrupted the current application before its completion â to report you both to your respective state regulatory and licensing authorities, with the recommendation that you both be subject to official enquiry into your total lack of professionalism. That is still a course open to me and one I might choose to pursue. In deciding to postpone that decision I am mindful of the inconvenience and costs that would be caused your clients, as well as those of Mr Beckwith and Mr Reid. I find no reason why any of them should suffer because of your conduct. When the court resumes, however, I intend advising both doctors who appeared as your expert witnesses that I shall complain to their licensing authorities, dissatisfied as I am with the explanations both have offered. It is I who decide the interpretation and application of the law, not either of you with the sleight of hand of snake-oil salesmen â¦'
Pullinger paused, clearing his throat after such an uninterrupted diatribe. âAs both of you would appear to need guidance in law, I will remind you that the course I have chosen today, to address you as I am now doing, is highly unusual and might even be construed as undue and premature bias, although I give you my absolute assurance that this is not nor ever will be the case. It does, however, open the way for both or either of you to object to my continuing to hear any more of this current application or the divorce itself and apply for a new judge. That would, of course, require me to justify this meeting, which I am fully prepared to do. I will continue this recess to enable you both to consider your course of action and discuss it with whomever you choose â and to advise Drs Chapman and Lewell of what I have told you â but warn you that if you decide to continue I will not tolerate any more of the behaviour to which I and my court have been subjected. This meeting is concluded.'
âYour honourâ' tried Wolfson, immediately to be faced by Pullinger's halting hand.
âI have already told you, Mr Wolfson, that I will not accept any mitigation or explanation attempts,' rejected Pullinger. âLeave my chambers and comply with every request I have made of you. Yours are now the decisions to be made.'
Once more neither Alyce, her lawyer nor her accompanying doctor were in the court cafeteria, but it was mid-afternoon, not a recognized break time and Beckwith, without pause, had swept Jordan up on his way from the chambers confrontation, ahead of everyone else who endured it.