"Oh, anitergium," said Adrian. "It's just one of those Middle Latin terms I like to use for fun. It means a trifle, a sketch, something disposable. Well, actually the monks used it for the throw-outs from the scriptorium which they used for bum-wipe."
I hated to hurt his feelings, but Pargetter always said that hard things should be said as briefly as possible.
"It's bum-wipe, all right," I said. "Father won't have that."
"Oh, most certainly not. I never meant that he should. The College of Heralds would have to prepare you legitimate arms, and I don't suppose it would be anything like this."
"I don't mean the anitergium." I said. "I mean the whole story."
"But Davey! You told me yourself your father said you were probably bastards. He must have a sturdy sense of humour."
"He has," I said, "but I doubt if it extends to this. However, I'll try it."
I did. And I was right. His letter in reply was cold and brief. "People talk jokingly about being bastards, but the reality is something different. Remember that I am in politics now and you can imagine the fun my opponents would have. Let us drop the whole thing. Pay off Pledger-Brown and tell him to keep his trap shut."
And that, for a while, was that.
13
I suppose nobody nowadays gets through a university without some flirtation with politics, and quite a few lasting marriages result. I had my spell of socialism, but it was measles rather than scarlet fever, and I soon recovered; as a student of law, I was aware that in our time whatever a man's political convictions may be he lives under a socialist system. Furthermore, I knew that my concern for mankind disposed me toward individuals rather than masses, and as Pargetter was pushing me toward work in the courts, and especially toward criminal law, I was increasingly interested in a class of society for which no political party has any use. There was, Pargetter said, somewhat less than five per cent of society which could fittingly be called the criminal class. That five per cent were my constituents.
I got my First Class in law at Oxford, and was in time called to the Bar in London, but I had always intended to practise in Canada, and this involved me in three more years of work. Canadian law, though rooted in English law, is not precisely the same, and the differences, and a certain amount of professional protectionism, made it necessary for me to qualify all over again. It was not hard. I was already pretty good and was able to do the Canadian work with time to spare for other reading. Like many well-qualified professional men I knew very little but my job, and Pargetter was very severe on that kind of ignorance. " 'If practice be the whole that he is taught, practice must also be the whole that he will ever know,' " he would quote from Blackstone. So I read a lot of history, as my schoolwork with Ramsay had given me a turn in that direction, and quite a few great classical works which have formed the minds of men for generations, and of which I retain nothing but a vague sense of how long they were and how clever people must be who liked them. What I really liked was poetry, and I read a lot of it.
It was during this time, too, that I became financially independent of my father. He had been making a man of me, so far as a tight check on my expenditures would do it; his training was effective, too, for I am a close man with money to this day, and have never come near to spending my income, or that part of it taxation allows me to keep. My personal fortune began quite unexpectedly when I war twenty-one.
Grandfather Staunton had not approved of Father, who had become what the old man called a "high-flyer", and although he left him a part of his estate, he left half of it to Caroline, in trust. To me he left what Father regarded as a joke legacy, in the form of five hundred acres of land in Northern Ontario, which he had bought as a speculation when it was rumoured that there was coal up there. Coal there may have been, but as there was no economically sane way of getting it down to places where it could be sold, the land lay idle. Nobody had ever seen it, and it was assumed that it was a wilderness of rock and scrub trees. Grandfather's executor, which was a large trust company, did nothing about this land until my majority, and then suggested that I sell it to a company which had offered to buy it for a hundred dollars an acre; there was fifty thousand dollars to be picked up for nothing, so to speak, and they advised me to take it.
I was stubborn. If the land was worthless, why did anyone want to pay a hundred dollars an acre for it? I had a hunch that I might as well see it before parting with it, so I set off to look at my inheritance. I am no woodsman, and it was a miserable journey from the nearest train-stop to my property, but I did it by canoe, in the company of a morose guide, and was frightened out of my wits by the desolation, the dangers of canoeing in some very rough water, and the apparent untrustworthiness of my companion. But after a couple of days we were on my land, and as I tramped around it I found that there were other people on it, too, and that they were unmistakably drilling for minerals. They were embarrassed, and I became thoughtful, for they had no authority to be doing what they were doing. Back in Toronto I made a fuss with the trust company, who knew nothing about the drillers, and I made something more than a fuss to the mining company. So after some legal huffing and puffing, and giving them the Pargetter treatment, I disposed of my northern land at a thousand dollars an acre, which would have been dirt cheap if there had been a mine. But there was nothing there, or not enough. I emerged from this adventure with half a million dollars. A nice, round sum surely never foreseen by Grandfather Staunton.
Father was not pleased, because the trust company who had been so casual about my affairs was one of which he was a director, and at one point I had threatened to sue them for mismanagement, which he considered unfilial. But I stuck to my guns, and when it was all over asked him if he would like me to move out of the family house. But he urged me to stay. It was large, and he was lonely when his political career allowed him to be there, and so I stayed where I was and thus came once again under the eye of Netty.
Netty was the survivor of an endless train of servants. She had never been given the title of housekeeper, but she was the Black Pope of the domestic staff, never frankly tattling but always hinting or wearing the unmistakable air of someone who could say a great deal if asked. With no children to look after, she had become almost a valet to Father, cleaning his clothes and washing and ironing his shirts, which she declared nobody else could do to his complete satisfaction.
When I had finished my Canadian legal studies I gave offence to Father once again, for he had always assumed that I would be content to have him find a place for me in the Alpha Corporation. But that was not at all my plan; I wanted to practise as a criminal lawyer. Pargetter, with whom I kept in constant touch (though he never raised me to the level of one of his long-distance chess opponents) urged me to get some general practice first, and preferably in a small place. "You will see more of human nature, and get a greater variety of experience, in three years in a country town than you will get in five years with a big firm in a city," he wrote. So once again I returned, not to Deptford, but to the nearby county town, a place of about sixty thousand people, called Pittstown. I easily got a place in the law office of Diarmuid Mahaffey, whose father had once been the lawyer in Deptford and with whom there was a family connection.
Diarmuid was very good to me and saw that I got a little work of every kind, including a few of those mad clients all lawyers seem to have if their practice extends into the country. I don't suggest that city lawyers have no madmen on their books, but I honestly believe the countryside breeds finer examples of the paranoia querulans, the connoisseurs of litigation. He bore in mind that I wanted to work in the courts and put me in the way of getting some of those cases on which most young lawyers cut their teeth; some indignant or incompetent accused person needs a lawyer, and the court appoints a lawyer, usually a young man, to act for him.
I learned a valuable lesson from my first case of this kind. A Maltese labourer was charged with indecent assault; it was not a very serious matter, because the aspiring rapist had trouble w
ith his buttons, and the woman, who was considerably bigger than he, hit him with her handbag and ran away. "You must tell me honestly," said I, "did you do it? I'll do my best to get you off, but I must know the truth." "Meester Stown," said he, with tears in his eyes, "I swear to you on the grave of my dead mother, I never did no such dirty thing. Spit in my mouth if I even touch this woman!" So I gave the court a fine harangue, and the judge gave my client two years. My client was delighted. "That judge, he's very clever man," he said to me afterward; "he knew all the time I done it." Then he shook my hand and trotted off with the warder, pleased to have been punished by such an expert in human nature. I decided then that the kind of people with whom I had chosen to associate myself were not to be trusted, or at least not taken literally.
My next serious case was a far bigger thing, nothing less than a murderess. Poor woman, she had shot her husband. He was a fanner, known far and wide to be no good and brutal to her and his livestock, but he was decisively dead; she had poked a shotgun through the back window of the privy while he was perched on the seat and blown his head off. She made no denial, and was indeed silent and resigned through all the preliminaries. But they still hanged women in those days, and it was my job to save her from the gallows if I could.
I spent a good deal of time with her and thought so much about the case that Diarmuid began to call me Sir Edward, in reference to Marshall Hall. But one night I had a bright idea, and the next day I put a question to my client and got the answer I expected. When at last the case came to trial I spoke of extenuating circumstances, and at the right moment said that the murdered man had repeatedly beaten his wife in order to make her perform fellatio.
"Know your judge" was one of Diarmuid's favourite maxims; of course no barrister knows a judge overtly, but most of the Bar know him before he is elevated to the Bench and have some estimate of his temperament. Obviously you don't take a particularly messy divorce before a Catholic judge, or a drunk who has caused an accident before a teetotal judge, if you can help it. I was lucky in this case because our assize judge that season was Orley Mickley, known to be a first-rate man of the law, but in his private life a pillar of rectitude and a great deplorer of sexual sin. As judges often are, he was innocent of things that lesser people know, and the word fellatio had not come his way.
"I assume that is a medical term, Mr. Staunton," said he; "will you be good enough to explain it to the court."
"May I ask your lordship to order the court cleared?" said I; "or if your lordship would call a recess I should be glad to explain the term in your chambers. It is not something that any of us would take pleasure in hearing."
I was playing it up for all it would stand, and I had an intimation – Dr. von Haller says I have a good measure of intuition – that I was riding the crest of a wave.
The judge cleared the court and asked me to explain to him and the jury what fellatio was. I dragged it out. Oral and lingual caress of the erect male organ until ejaculation is brought about was the way I put it. The jury knew simpler terms for this business, and my delicacy struck them solemn. I did not need to labour the fact that the dead man had been notably dirty: the jury had all seen him. Usually performed by the woman on her knees, I added, and two women jurors straightened up in their chairs. A gross indignity exacted by force; a perversion for which some American states exacted severe penalties; a grim servitude no woman with a spark of self-respect could be expected to endure without cracking.
It worked like a charm. The judge's charge to the jury was a marvel of controlled indignation; they must find the woman guilty but unless they added a recommendation of clemency his faith in mankind would be shattered. And of course they did so, and the judge gave her a sentence which, with good conduct, would not be more than two or three years. I suppose the poor soul ate better and slept better in the penitentiary than she had ever done in her life.
"That was a smart bit of business," said Diarmuid to me afterward, "and I don't know how you guessed what the trouble was. But you did, and that's what matters. B'God, I think old Mickley would have hung the corpse, if it'd had a scrap of neck left to put in a rope."
This case gained me a disproportionate reputation as a brilliant young advocate filled with compassion for the wretched. The result was that a terrible band of scoundrels who thought themselves misunderstood or ill used shouted for my services when they got into well-deserved trouble. And thus I gained my first client to go to the gallows.
Up to this time I had delighted unashamedly in the law. Many lawyers do, and Diarmuid was one of them. "If lawyers allowed their sense of humour free play, b'God they wouldn't be able to work for laughing," he once said to me. But the trial and hanging of Jimmy Veale showed me another aspect of the law. What I suppose Dr. von Haller would call its Shadow.
Not that Jimmy didn't have a fair trial. Not that I didn't exert myself to the full on his behalf. But his guilt was clear, and all I could do was try to find explanations for what he had done, and try to arouse pity for a man who had no pity for anyone else.
Jimmy had a bad reputation and had twice been in jail for petty thievery. He was only twenty-two, but he was a thorough-going crook of an unsophisticated kind. When I met him the provincial police had run him down, hiding in the woods about thirty miles north of Pittstown, with sixty-five dollars in his pocket. He had entered the house of an old woman who lived alone in a rural area, demanded her money, and when she would not yield he sat her on her own stove to make her talk. Which she did, of course, but when Jimmy found the money and left, she appeared to be dead. tHowever, she was not quite dead, and when a neighbour found her in the morning she lived long enough to describe Jimmy and assure the neighbour that he had repeatedly sworn that he would kill her if she didn't speak up. In this evidence the neighbour was not to be shaken.
Jimmy's mother, who thought him wild but not bad, engaged me to defend him, and I did what I could by pleading insanity. It is a widespread idea that people who are unusually cruel must be insane, though the corollary of that would be that anybody who is unusually compassionate must be insane. But the Crown Attorney applied the McNaghten Rule to Jimmy, and I well recall the moment when he said to the jury, "Would the prisoner have acted as he did if a policeman had been standing at his elbow?" Jimmy, lounging in the prisoner's dock, laughed and cried out, "Jeeze, d'you think I'm crazy?" After which it did not take the court long to send him to the gallows.
I decided that I had better be present when Jimmy was hanged. It is a common complaint against the courts that they condemn people to punishments of which the legal profession have no direct knowledge. It is a justifiable reproach when it is true, but it is true less often than tender-hearted people think. There are people who shrink from the whole idea of a court, and there are the There-But-for-the-Grace-of-Godders who seem to think it is only by a narrow squeak that they have kept out of the prisoner's dock themselves; they are bird-brains to whom God's grace and good luck mean the same thing. There are the democrats of justice, who seem to believe that every judge should begin his career as a prisoner at the Bar and work his way up to the Bench. Tender-minded people, all of them, but they don't know criminals. I wanted to know criminals, and I made my serious start with Jimmy.
I was sorry for his mother, who was a fool but punished for it with unusual severity; she had not spoiled Jimmy more than countless mothers spoil boys who turn out to be sources of pride. Jimmy had been exposed to all the supposed benefits of a democratic state; he had the best schooling that could be managed for as long as he cared to take it – which was no longer than the law demanded; his childhood had been embowered in a complexity of protective laws, and his needs had been guaranteed by Mackenzie King's Baby Bonus. But Jimmy was a foul-mouthed crook who had burned an old woman to death, and never, in all the months I knew him, expressed one single word of regret.
He was proud of being a condemned man. While awaiting trial he acquired from somewhere a jail vocabulary. Within a day of his imprisonment he would
greet the trusty who brought him his food with "Hiya, shit-heel!" that being the term the hardened prisoners used for those who cooperated with the warden. After his trial, when the chaplain tried to talk to him he was derisive, shouting, "Listen, I'm gonna piss when I can't whistle, and that's all there is to it, so don't give me none of your shit." He regarded me with some favour, for I qualified as a supporting player in his personal drama; I was his "mouthpiece." He wanted me to arrange for him to sell his story to a newspaper, but I would have nothing to do with that. I saw Jimmy at least twice a week while he was waiting for execution, and I never heard a word from him that did not make me think the world would be better off without him. None of his former friends tried to see him, and when his mother visited him he was sullen and abusive.
When the time for his hanging came, I spent a dismal night with the sheriff and the chaplain in the office of the warden of the jail. None of them had ever managed a hanging, and they were nervous and haggled about details, such as whether a flag should be flown to show that justice had been done upon Jimmy; it was a foolish question, for a flag would have to be flown at seven o'clock anyway, and that was the official hour for Jmmy's execution; in fact he was to be hanged at six, before the other prisoners were awakened. Whether they were sleeping or not I do not know, but certainly there was none of that outcry or beating on cellbars which is such a feature of romantic drama on this subject. The hangman was busy about concerns of his own. I had seen him; a short, stout, unremarkable man who looked like a carpenter dressed for a funeral, which I suppose is what he was. The chaplain went to Jimmy and soon returned. The doctor came at five, and with him two or three newspaper reporters. In all, there were about a dozen of us at last, of whom only the hangman had ever been present at such an affair before.
As we waited, the misery which had been palpable in the small office became almost stifling, and I went out with one of the reporters to walk in the corridor. As six o'clock drew near we moved into the execution chamber, a room like an elevator shaft, though larger, and stuffy from long disuse. There was a platform about nine feet high of unpainted new wood, and under it hung some curtains of unbleached cotton that were crumpled and looked as if they had been used before and travelled far; above the platform, from the roof, was suspended a heavily braced steel beam, painted the usual dirty red, and from this hung the rope, with its foot-long knot which would, if all was well, dislocate Jimmy's cervical vertebrae and break his spinal cord. To my surprise, it was almost white; I do not know what I expected, but certainly not a white rope. The hangman in his tight black suit was bustling about trying the lever that worked the trap. Nobody spoke. When everything was to his liking, the hangman nodded, and two warders brought Jimmy in.
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