by Anne Perry
He picked her up and swung her around, kissing her with all the joy and victory he felt, and the sudden upsurge of belief in everything good. Most of all his elation was due to the possibility that she was right to have had faith in him, not just in his skill but in his honor, that core of him that was good and could treasure and hold on to love.
And Phillips's capture at last meant that Durban was right to have trusted him too, which he realized now had also mattered.
TWO
n an evening nearly two weeks after the capture of Jericho Phillips, Sir Oliver Rathbone, arguably the best attorney in London, returned a little early from his offices at the Inns of Court to his elegant and extremely comfortable home. It was the middle of August, and the air was hot and still. It was much pleasanter in his own sitting room, with the French windows open onto the lawn and the perfume of the second flush of roses rather than the odor of the streets, the sweat and dung of horses, the dust and the noise.
Like Monk, Rathbone was in his late forties, but very different in appearance. He was slender, fair-haired, with the air of confidence of one who has long proved his worth. Margaret greeted him with the same pleasure she always had since their marriage not so long ago. She came down the stairs with a swirl of pale green and white muslin, looking impossibly cool in the heat. She kissed him gently, smiling perhaps still a trifle self-consciously. He found a pleasure in it that he thought might be tactless to show.
They talked of many things over dinner: a new art exhibition that was proving more controversial than expected; the queen's absence from the London Season due to the recent death of Prince Albert, and quite how much difference that was going to make in the future; and of course the wretchedly miserable matter of the civil war in America.
The conversation was sufficiently interesting to occupy his mind, and yet also supremely comfortable. He could not remember ever having been happier, and when he retired to read a few necessary papers in his study he found himself smiling for no other reason than his inner peace.
Dusk was already gathering, and the air was mercifully cooler when the butler knocked on the door and told him that his father-in-law had called and wished to see him. Naturally Rathbone accepted immediately, although somewhat surprised that Arthur Ballinger would specifically ask to see him, rather than including his daughter as well.
When Ballinger came in, hard on the servant's heels, Rathbone saw at once that the matter was professional rather than personal. Ballinger was an attorney of high standing and very considerable repute. From time to time they had had dealings, but so far no clients in common, Rathbone's practice being almost entirely in major cases of criminal law.
Ballinger closed the study door behind him to ensure their privacy, then walked over to the chair opposite Rathbone. Barely acknowledging the greeting, he sat down. He was a large, rather heavy man with thick, brown hair that had only touches of gray. His features were powerful. Margaret had gained all the delicacy of her face and bearing from her mother.
“I am in a difficult position, Oliver,” he began without preamble. “A long-standing client has asked a favor of me that I am loath to grant, and yet I feel I cannot refuse him. It is a business that frankly I would prefer to have nothing to do with, but I can see no honorable way of escape.” He gave a slight shrug, with one shoulder only. “And I suppose, to be honest, no legal way either. One cannot pick and choose in which matters you will act for people, and in which you will not. That would make a mockery of the entire concept of justice, which must be for all, or it is for no one.”
Rathbone was startled by such a speech; it suggested a lack of confidence quite uncharacteristic of Ballinger. Something had clearly disturbed him. “Can I be of help, without breaking your client's privilege of discretion?” he asked hopefully. It would please him to assist Margaret's father in a matter that was important to him. It would make Margaret herself happy, and it would draw him closer into the family, which was not a situation he found naturally easy. He had a deep instinct for privacy. Apart from an intense friendship with his own father, he had found few ties in his adult years. In some ways William Monk, of all people, was the truest friend he had. That excluded Hester, of course, but his feeling for her had been different: stronger, more intimate, and in ways more painful, he was not ready to examine it any more closely.
Ballinger relaxed a fraction more, at least outwardly, although he still concealed his hands in his lap, as if they might have given him away.
“It would break no confidences at all,” he said quickly. “I am seeking your professional skills to represent a case I fear you will find repellent, and have very little chance of winning. However you will, of course, be properly paid for your time and your skill, which I regard as unique.” He was wise enough not to overpraise.
Rathbone was confused. His profession was to represent clients in court; very occasionally he prosecuted for the crown, but not as a habit. Why was Ballinger nervous about this, as undoubtedly he was? Why come to Rathbone at home, and not in his office, as would be far more usual? What was so different about this case? He had defended people accused of murder, arson, blackmail, theft, almost every crime one could think of, even rape.
“What is your client accused of?” he asked. Could it be something as contentious as treason? Against whom? The queen?
Ballinger gave a slight shrug. “Murder. But he is an unpopular man, unsympathetic to a jury. He will not appear well,” he hastened to explain. He must have seen the doubt in Rathbone's face. He leaned forward a little. “But that is not the problem, Oliver. I know you have represented all manner of people, on charges that have had no public sympathy at all. Although I deplore everything about this particular case, it is the issue of justice that is paramount in my client's mind.”
Rathbone found a wry irony in the remark. Few accused men phrased their attempts to be defended successfully in such general and rather pompous terms.
Ballinger's eyes flickered and something altered in the set of his features.
“I have not explained myself fully,” he went on. “My client wishes to pay your fees to defend another person entirely He has no relationship to the man accused, and no personal stake in the outcome, only the matter of justice, impartial, clear of all gain or loss to himself He fears that this man will appear so vile to average jurors that without the best defense in the country, he will be found guilty and hanged on emotion, not on the facts.”
“Very altruistic,” Rathbone remarked, although there was a sudden lift of excitement inside him, as if he had glimpsed something beautiful, a battle with all the passion and commitment he could give it. But it was only a glimpse, a flash of light gone before he was sure he had seen it at all. “Who is he?” he asked.
Ballinger smiled, a small bleak movement of the mouth. “That I cannot disclose. He wishes to remain anonymous. He has not told me his reasons, but I have to respect his wish.” From his expression and the peculiar, hunched angle of his shoulders, it was clear that this was the moment of decision, the trial in which he was afraid he might fail.
Rathbone was taken aback. Why would a man in so noble an endeavor wish to remain anonymous even from his attorney? From the public was easy enough to understand. They might well assume that he had some sympathy for the accused, and it would be only too clear to see why he would avoid that. “If I am bound to secrecy, I shall observe it,” Rathbone said gently. “Surely you told him that?”
“Of course I did,” Ballinger said quickly “However, he is adamant. I cannot move him on the subject. As far as you are concerned, I shall represent the accused man to you, and act on his behalf. All you need to know is that you will be paid in full, by a man of the utmost honor and probity, and that the money is earned by his own skills, which are in every way above suspicion. I will swear to that.” He sat motionless, staring earnestly at Rathbone. In a man of less composure it might even have been thought imploringly.
Rathbone felt uncomfortable that his own father-in-law should
have to plead for the professional assistance he had always been willing to give, even to strangers and men he profoundly disliked, because it was his calling. He was an advocate; his job was to speak on behalf of those who were not equipped to speak for themselves, and who would suffer injustice if there were no one to take their part. The system of the law was adversarial. The sides must be equal in skill and in dedication; otherwise the whole issue was a farce.
“Of course I will act for your client,” he said earnestly. “Give me the necessary papers and a retaining fee, and then all we say will be privileged.”
Ballinger relaxed fully at last. “Your word is good enough, Oliver. I shall have all that you need sent to your office in the morning. I am extremely grateful. I wish I could tell Margaret what an excellent man you are, but no doubt she is already perfectly aware. I am delighted now that she had enough sense not to allow her mother earlier to push her into a marriage of convenience, although I admit I was exasperated at the time.” He smiled ruefully. “If you are going to have a strong-minded woman in the house, it is better to have two, preferably of opposing views. Then you can back one or the other, and achieve the goal you wish.” He sighed, and there was a momentary sadness in his face, in spite of the relief. “I cannot say how much I appreciate you, Oliver.”
Rathbone did not know how to answer; he was even a trifle embarrassed by Ballinger's regard. He directed the conversation towards the practical. “Who am I to defend? You said the charge was murder?”
“Yes. Yes, regrettably so.”
“Who is he, and who was the victim?” He knew better than to warn Ballinger not to tell him of any confession, which would jeopardize his standing as an officer of the court.
“Jericho Phillips,” Ballinger replied, almost casually.
Rathbone suddenly became aware that Ballinger was watching him intently, but beneath his lashes, as if he could conceal the fact. “The man charged with killing the boy found down the river at Greenwich?” he asked. He had read a little about it, and already he was unaccountably chilled.
“That's right,” Ballinger replied. “He denies it. Says the boy ran away, and he has no idea who killed him.”
“Then why is he charged? They must have some evidence. River Police, isn't it? Monk is not a fool.”
“Of course not,” Ballinger said smoothly. “I know he is a friend of yours, or at least he has been in the past. But even good men can make mistakes, especially when they are new to a job, and a little too eager to succeed.”
Rathbone felt more stung on Monk's behalf than he would have expected to. “I haven't seen him lately. I have been busy and I imagine so has he, but I still regard him as a friend.”
Regret and contrition filled Ballinger's face. “I apologize. I did not mean to imply otherwise. I hope I have not placed you in a position where you will have to question the judgment of a man you like and respect.”
“Liking Monk has nothing to do with defending someone he has arrested!” Rathbone said hotly, realizing exactly how much it could, if he allowed it to. “Do you imagine that my acquaintance with the police, the prosecution, or the judge, for that matter, will have any effect on my conduct of a case? Any case?”
“No, my dear chap, of course I don't,” Ballinger said with profound feeling. “That is exactly why my client chose you, and why I fully concurred with his judgment. Jericho Phillips will receive the fairest trial possible if you speak for him, and even if he is found guilty and hanged, we will all be easy at heart that justice has been done. We will never need to waken in the night with doubt or guilt that perhaps we hanged him because his style of life, his occupation, or his personal repulsiveness moved us more than honest judgment. If we are fair to the likes of him, then we are fair to all.” He rose to his feet and offered his hand. “Thank you, Oliver. Margaret is justly proud of you. I see her happiness in her face, and know that it will always be so.”
Rathbone had no choice but to take Ballinger's hand and clasp it, still with a faint trace of self-consciousness because he was not accustomed to such frankness in matters of emotion.
But after Ballinger had gone, he was also pleased. This would be a supreme challenge, and he would not like losing, but it was an honorable thing Ballinger had asked him to do—obliquely, dangerously honorable. And it would be intensely precious to have Margaret truly proud of him.
It was several more days before Rathbone actually went to Newgate Prison to meet with Jericho Phillips. By this time he had a much greater knowledge of both the specific crime he was charged with and—far more worrying to him—Phillips's general pattern of life.
Even so, he was still unprepared for the acute distaste he felt when they met. It was in a small, stone room with no furniture other than a table and two chairs. The single window was high in the wall and let in daylight, but there was nothing to see beyond it but the sky. The motionless air inside smelled stale, as if it held a century's sweat of fear that all the carbolic in the world could not wash away.
Phillips himself was little above average height, but the leanness of his body and the angular way he stood made him look taller. He possessed no grace at all, and yet there was a suggestion of power in him in even the simple act of rising to his feet as Rathbone came in and the guard closed the door behind him.
“Mornin’, Sir Oliver,” Phillips said civilly. His voice was rasping, as if his throat were sore. He made no move to offer his hand, for which Rathbone was grateful.
“Good morning, Mr. Phillips,” he replied. “Please sit down. Our time is limited, so let us use it to the full.” He was slightly uncomfortable already. He felt an unease almost like a brush of physical fear. And yet Phillips was no threat to him at all. As far as he knew, to Phillips he was the one man on his side.
Phillips obeyed, moving stiffly. It was the only thing that betrayed his fear. His hands were perfectly still, and he did not stammer or shake.
“Yes, sir,” he said obediently.
Rathbone looked at him. Phillips had sharp features and the pallid skin of one who lives largely away from the sunlight, but there was nothing soft in him, from his spiky hair to his glittering eyes, his strong hands, and his narrow, bony shoulders. He had the physical build of poverty—thin chest, slightly crooked legs—and yet he had learned not to show the usual limp of deformity.
“Your attorney informs me that you wish to plead ‘not guilty,’ “Rathbone began. “The evidence against you is good, but not conclusive. Our greatest difficulty will be your reputation. Jurors will weigh the facts, but they will also be moved by emotion, whether they are aware of it or not.” He watched Phillips's face to judge whether he understood. He saw the instant flash of intelligence, and something that could almost have been mistaken for humor, were the situation not so desperate.
“‘Course they will,” Phillips agreed with the faintest smile. “Feeling's where we get ‘em, ‘cause yer see Mr. Durban weren't anything like the good man they think ‘e were. ‘E ‘ated me for a long time, an’ ‘e made it ‘is life's work ter see me ‘ang, whether I done anything for it or not. An’ Mr. Monk took over from ‘im just like ‘e stepped into a dead man's shoes, an’ ‘is coat and trousers as well. Careless, they were, both of ‘em. An’ from wot Mr. Ballinger says, yer clever enough an’ straight enough ter show it, if it's true, whether they were yer friends or not.”
Rathbone became uncomfortably aware that just as he was studying Phillips, so Phillips in turn was studying him equally as closely, and probably with just as acute a judgment. He did everything he could to keep all expression from his face.
“I see. I shall look at the evidence in that light, not only for its validity, but as to how it was obtained. If there were errors it may work to our advantage.”
Phillips shivered involuntarily, struggled to conceal it, and failed.
The room was chilly because the damp never seemed to entirely leave it, in spite of the August heat outside.
“Are you cold, Mr. Phillips?” Rathbone forced h
imself to remember that this man was his client, and innocent of the crime he was charged with until such time as he was proven guilty beyond a reasonable doubt.
Something flared in Phillips's eyes: memory, fear. “No,” he lied. Then he changed his mind. “It's just this room.” His voice changed and became hoarser. “It's wet. In my cell I can hear … dripping.” His body went rigid. “I hate dripping.”
And yet the man chose to live on the river. He must never be away from the slap of the waves and the shifting of the tide. It was only in here, where the walls sweated and dripped, that he could not control his hatred of it. Rathbone found himself looking at Phillips with a new interest, something almost like respect. Was it possible that he deliberately forced himself to face his phobia, live with it, test himself against it every day? That would be a strength few men possessed, and a discipline most would very definitely avoid. Perhaps he had assumed a great deal about Jericho Phillips that he should not have.
“I will look into your accommodation closely,” he promised. “Now let us put our attention to what we have so far.”
Two weeks later, when the morning of the trial came, Rathbone was as ready as it was possible to be. The excitement of the eve of battle fluttered inside him, tightening his muscles, making his stomach knot, burning within him like a fire. He was afraid of failure, full of doubts as to whether the wild plan he had in mind could work—and even in darker moments, whether it ought to. And yet the hunger to try was compulsive, consuming. It would be a landmark in history if he succeeded in gaining an acquittal for a man like Phillips, because the procedure was flawed, well-motivated but essentially dishonest, drawn by emotion, not fact. That path, no matter how understandable in the individual instance, would in the end only lead to injustice, and therefore sooner or later to the hanging of an innocent man, which was the ultimate failure of the law.