Defend and Betray

by Anne Perry

  “Testify,” Hester answered without hesitation. “Tell the truth. We’ve got to persuade the jury that she did the only thing she could to protect her child.”

  Damaris looked away, her eyes filling with tears.

  “Do I have to tell about Valentine? Peverell doesn’t know! Please …”

  “Tell him yourself,” Hester said very quietly. “He loves you—and he must know you love him.”

  “But men don’t forgive easily—not things like that.” The despair was back in Damaris’s voice.

  Hester felt wretched, still hoping against all likelihood that it was not Peverell.

  “Peverell isn’t ‘men,’ ” she said chokingly. “Don’t judge him by others. Give him the chance to be all—all that he could be.” Did she sound as desperate and as hollow as she felt? “Give him a chance to forgive—and love you for what you really are, not what you think he wants you to be. It was a mistake, a sin if you like—but we all sin one way or another. What matters is that you become kinder and wiser because of it, that you become gentler with others, and that you have never repeated it!”

  “Do you think he will see it like that? He might if it were anyone else—but it’s different when it’s your own wife.”

  “For heaven’s sake—try him.”

  “But if he doesn’t, I’ll lose him!”

  “And if you lie, Alexandra will lose her life. What would Peverell think of that?”

  “I know.” Damaris stood up slowly, suddenly all her grace returning. “I’ve got to tell him. God knows I wish I hadn’t done it. And Charles Hargrave, of all people. I can hardly bear to look at him now. I know. Don’t tell me again, I do know. I’ve got to tell Pev. There isn’t any way out of it—lying would only make it worse.”

  “Yes it would.” Hester put out her hand and touched Damaris’s arm. “I’m sorry—but I had no choice either.”

  “I know.” Damaris smiled with something of the old charm, although the effort it cost her was apparent. “Only if I do this, you’d better save Alex. I don’t want to say all this for nothing.”

  “Everything I can. I’ll leave nothing untried—I promise.”

  12

  Alexandra sat on the wooden bench in the small cell, her face white and almost expressionless. She was exhausted, and the marks of sleeplessness were plain around her eyes. She was far thinner than when Rathbone had first seen her and her hair had lost its sheen.

  “I can’t go on,” she said wearily. “There isn’t any point. It will only damage Cassian—terribly.” She took a deep breath. He could see the rise of her breast under the thin gray muslin of her blouse. “They won’t believe me. Why should they? There’s no proof, there never could be. How could you prove such a thing? People don’t do it where they can be seen.”

  “You know,” Rathbone said quietly, sitting opposite her and looking at her so intensely that in time she would have to raise her head and meet his eyes.

  She smiled bitterly. “And who’s going to believe me?”

  “That wasn’t my point,” he said patiently. “If you could know, then it is possible others could also. Thaddeus himself was abused as a child.”

  She jerked her head up, her eyes full of pity and surprise.

  “You didn’t know?” He looked at her gently. “I thought not.”

  “I’m sorry,” she whispered. “But if he was, how could he, of all people, abuse his own son?” Her incomprehension was full of confusion and pain. “Surely if—why? I don’t understand.”

  “Neither do I,” he answered frankly. “But then I have never walked that path myself. I had quite another reason for telling you, one of very much more urgent relevance.” He stopped, not fully sure if she was listening to him.

  “Have you?” she said dully.

  “Yes. Can you imagine how he suffered? His lifelong shame, and the fear of being discovered? Even some dim sense of what he was committing upon his own child—and yet, the need was so overwhelming, so consuming it still drove him—”

  “Stop it,” she said furiously, jerking her head up. “I’m sorry! Of course I’m sorry! Do you think I enjoyed it?” Her voice was thick, choking with indescribable anguish. “I racked my brain for any other way. I begged him to stop, to send Cassian away to boarding school—anything at all to put him beyond reach. I offered him myself, for any practice he wanted!” She stared at him with helpless fury. “I used to love him. Not passionately, but love just the same. He was the father of my children and I had covenanted to be loyal to him all my life. I don’t think he ever loved me, not really, but he gave me all he was capable of.”

  She sank lower on the bench and dropped her head forward, covering her face with her hands. “Don’t you think I see his body on that floor every time I lie in the dark? I dream about it—I’ve redone that deed in my nightmares, and woken up cold as ice, with the sweat standing out on my skin. I’m terrified God will judge me and condemn my soul forever.”

  She huddled a little lower into herself. “But I couldn’t let that happen to my child and do nothing—just let it go on. You don’t know how he changed. The laughter went out of him—all the innocence. He became sly. He was afraid of me—of me! He didn’t trust me anymore, and he started telling lies—stupid lies—and he became frightened all the time, and suspicious of people. And always there was the sort of … secret glee in him … a—a—guilty pleasure. And yet he cried at night—curled up like a baby, and crying in his sleep. I couldn’t let it go on!”

  Rathbone broke his own rules and reached out and took her thin shoulders in his hands and held her gently.

  “Of course you couldn’t! And you can’t now! If the truth is not told, and this abuse is not stopped, then his grandfather—and the other man—will go on just as his father did, and it will all have been for nothing.” Unconsciously his fingers tightened. “We think we know who the other man is, and believe me he will have the same chances as the general had: any day, any night, to go on exactly the same.”

  She began to weep softly, without sobbing, just the quiet tears of utter despair. He held her gently, leaning forward a little, his head close to hers. He could smell the faint odor of her hair, washed with prison soap, and feel the warmth of her skin.

  “Thaddeus was abused as a child,” he went on relentlessly, because it mattered. “His sister knew it. She saw it happen once, by his father—and she saw the reflection of the same emotion in the eyes again in Valentine Furnival. That was what drove her to distraction that evening. She will swear to it.”

  Alexandra said nothing, but he could feel her stiffen with surprise, and the weeping stopped. She was utterly still.

  “And Miss Buchan knew about Thaddeus and his father—and about Cassian now.”

  Alexandra took a shaky breath, still hiding her face.

  “She won’t testify,” she said with a long sniff. “She can’t. If she does they’ll dismiss her—and she has nowhere to go. You mustn’t ask her. She’ll have to deny it, and that will only make it worse.”

  He smiled bleakly. “Don’t worry about that. I never ask questions unless I already know the answer—or, to be more precise, unless I know what the witness will say, true or untrue.”

  “You can’t expect her to ruin herself.”

  “What she chooses to do is not your decision.”

  “But you can’t,” she protested, pulling away from him and lifting her head to face him. “She’d starve.”

  “And what will happen to Cassian? Not to mention you.”

  She said nothing.

  “Cassian will grow up to repeat the pattern of his father,” he said ruthlessly, because it was the only thing he knew which would be more than she could bear, regardless of Miss Buchan’s fate. “Will you permit that? The shame and guilt all over again—and another wretched, humiliated child, another woman suffering as you do now?”

  “I can’t fight you,” she said so quietly he could barely hear her. She sat huddled over herself, as if the pain were deep in the cen
ter of her and somehow she could fold herself around it.

  “You are not fighting me,” he said urgently. “You don’t need to do anything now but sit in the dock, looking as you do, and remembering, as well as your guilt, the love of your child—and why you did it. I will tell the jury your feelings, trust me!”

  “Do whatever you will, Mr. Rathbone. I don’t think I have strength left to make judgments anymore.”

  “You don’t need it, my dear.” He stood up at last, exhausted himself, and it was only Monday, June 29. The second week of the trial had commenced. He must begin the defense.

  The first witness for the defense was Edith Sobell. Lovat-Smith was sitting back in his chair, legs crossed over casually, head tilted, as if he were interested only as a matter of curiosity. He had made a case that seemed unarguable, and looking around the crowded courtroom, there was not a single face which registered doubt. They were there only to watch Alexandra and the Carlyon family sitting in their row at the front, the women dressed in black and Felicia veiled, rigid and square-shouldered, Randolf unhappy but entirely composed.

  Edith took the stand and stumbled once or twice when swearing the oath, her tongue clumsy in her nervousness. And yet there was a bloom to her skin, a color that belied the situation, and she stood erect with nothing of the defensiveness or the weight of grief which lay on her mother.

  “Mrs. Sobell,” Rathbone began courteously, “you are the sister of the victim of this crime, and the sister-in-law of the accused?”

  “I am.”

  “Did you know your brother well, Mrs. Sobell?”

  “Moderately. He was several years older than I, and he left home to go into the army when I was a child. But of course when he returned from service abroad and settled down I learned to know him again. He lived not far from Carlyon House, where I still live, since my husband’s death.”

  “Would you tell me something of your brother’s personality, as you observed it?”

  Lovat-Smith shifted restlessly in his seat, and the crowd had already lost interest, all but a few who hoped there might be some completely new and shocking revelation. After all, this witness was for the defense.

  Lovat-Smith rose to his feet.

  “My lord, this appears to be quite irrelevant. We have already very fully established the nature of the dead man. He was honorable, hardworking, a military hero of considerable repute, faithful to his wife, financially prudent and generous. His only failings seem to have been that he was somewhat pompous and perhaps did not flatter or amuse his wife as much as he might.” He smiled dryly, looking around so the jury could see his face. “A weakness we might all be guilty of, from time to time.”

  “I don’t doubt it,” Rathbone said acerbically. “And if Mrs. Sobell agrees with your estimation, I will be happy to save the court’s time by avoiding having her repeat it. Mrs. Sobell?”

  “I agree,” Edith said with a look first at Rathbone, then at Lovat-Smith. “He also spent a great deal of time with his son, Cassian. He seemed to be an excellent and devoted father.”

  “Quite: he seemed to be an excellent and devoted father,” he repeated her precise words. “And yet, Mrs. Sobell, when you became aware of the tragedy of his death, and that your sister-in-law had been charged with causing it, what did you do?”

  “My lord, that too is surely quite irrelevant?” Lovat-Smith protested. “I appreciate that my learned friend is somewhat desperate, but this cannot be allowed!”

  The judge looked at Rathbone.

  “Mr. Rathbone, I will permit you some leniency, so that you may present the best defense you can, in extremely difficult circumstances, but I will not permit you to waste the court’s time. See to it that the answers you draw are to some point!”

  Rathbone looked again at Edith.

  “Mrs. Sobell?”

  “I …” Edith swallowed hard and lifted her chin, looking away from where her mother and father sat upright in their row in the front of the gallery, now no longer witnesses. For an instant her eyes met Alexandra’s in the dock. Then she continued speaking. “I contacted a friend of mine, a Miss Hester Latterly, and asked her help to find a good lawyer to defend Alexandra—Mrs. Carlyon.”

  “Indeed?” Rathbone’s eyebrows shot up as if he were surprised, although surely almost everyone in the room must know he had planned this most carefully. “Why? She was charged with murdering your brother, this model man.”

  “At first—at first I thought she could not be guilty.” Edith’s voice trembled a little but she gained control again. “Then when it was proved to me beyond question that she was … that she had committed the act … I still thought there must be some better reason than the one she gave.”

  Lovat-Smith rose again.

  “My lord! I hope Mr. Rathbone is not going to ask the witness to draw some conclusion? Her faith in her sister-in-law is very touching, but it is not evidence of anything except her own gentle—and, forgive me, rather gullible—nature!”

  “My learned friend is leaping to conclusions, as I am afraid he is prone to do,” Rathbone said with a tiny smile.

  “I do not wish Mrs. Sobell to drawany conclusions at all, simply to lay a foundation for her subsequent actions, so the court will understand what she did, and why.”

  “Proceed, Mr. Rathbone,” the judge instructed.

  “Thank you, my lord. Mrs. Sobell, have you spent much time with your nephew, Cassian Carlyon, since his father’s death?”

  “Yes of course. He is staying in our house.”

  “How has he taken his father’s death?”

  “Irrelevant!” Lovat-Smith interrupted again. “How can a child’s grief possibly be pertinent to the accused’s guilt or innocence? We cannot turn a blind eye to murder because if we hanged the guilty person then a child would be robbed of both his parents—tragic as that is. And we all pity him …”

  “He does not need your pity, Mr. Lovat-Smith,” Rath-bone said irritably. “He needs you to hold your tongue and let me proceed with uncovering the truth.”

  “Mr. Rathbone,” the judge said tartly. “We sympathize with your predicament, and your frustration, but your language is discourteous, and I will not allow it. Nevertheless, Mr. Lovat-Smith, it is good counsel, and you will please observe it until you have an objection of substance. If you interrupt as often as this, we shall not reach a verdict before Michaelmas.”

  Lovat-Smith sat down with a broad smile.

  Rathbone bowed, then turned back to Edith.

  “I think you are now permitted to continue, Mrs. Sobell. If you please. What was your observation of Cassian’s manner?”

  Edith frowned in concentration.

  “It was very hard to understand,” she replied, thinking carefully. “He grieved for his father, but it seemed to be very—very adult. He did not cry, and at times he seemed very composed, almost relieved.”

  Lovat-Smith rose to his feet, and the judge waved him to sit down again. Rathbone turned to Edith.

  “Mrs. Sobell, will you please explain that curious word relieved. Try not to give us any conclusions you may have come to in your own mind, simply your observations of fact. Not what he seemed, but what he said, or did. Do you understand the difference?”

  “Yes, my lord. I’m sorry.” Again her nervousness betrayed itself in clenched hands on the witness box rail, and a catch in her voice. “I saw him alone on several occasions, through a window, or from a doorway when he did not know I was there. He was quite at ease, sitting smiling. I asked him if he was happy by himself, thinking he might be lonely, but he told me he liked it. Sometimes he went to my father—his grandfather—”

  “Colonel Carlyon?” Rathbone interrupted.

  “Yes. Then other times he seemed to go out of his way to avoid him. He was afraid of my mother.” As if involuntarily, she glanced at Felicia, then back to Rathbone again. “He said so. And he was very upset about his own mother. He told me she did not love him—that his father had told him so.”

  In the dock
Alexandra closed her eyes and seemed to sway as if in physical pain. A gasp escaped her in spite of all her effort at self-control.

  “Hearsay,” Lovat-Smith said loudly, rising to his feet. “My lord …”

  “That is not permitted,” the judge apologized to Edith. “I think we have gathered from your testimony that the child was in a state of considerable confusion. Is that what you wished to establish, Mr. Rathbone?”

  “More than that, my lord: the nature of his confusion. And that he developed close, and ambivalent, relationships with other people.”

  Lovat-Smith let out a loud moan and raised his hands in the air.

  “Then you had better proceed and do so, Mr. Rathbone,” the judge said with a tight smile. “If you can. Although you have not shown us yet why this has any relevance to the case, and I advise that you do that within a very short time.”

  “I promise you that it will become apparent in later testimony, my lord,” Rathbone said, his voice still calculatedly light. But he abandoned the course for the present, knowing he had left it imprinted on the jury’s minds, and that was all that mattered. He could build on it later. He turned back to Edith.

  “Mrs. Sobell, did you recently observe a very heated quarrel between Miss Buchan, an elderly member of your household staff, and your cook, Mrs. Emery?”

  A ghost of amusement crossed Edith’s face, curving her mouth momentarily.

  “I have observed several, more than I can count,” she conceded. “Cook and Miss Buchan have been enemies for years.”

  “Quite so. But the quarrel I am referring to happened within the last three weeks, on the back stairs of Carlyon House. You were called to assist.”

  “That’s right. Cassian came to fetch me because he was afraid. Cook had a knife. I’m sure she did not intend to do anything with it but make an exhibition, but he didn’t know that.”

  “What was the quarrel about, Mrs. Sobell?”

  Lovat-Smith groaned audibly.