Brothers In Law

by Henry Cecil

‘But, of course, Mr Merivale,’ said Roger, who now had visions of a red bag, ‘but, of course. I shall be only too pleased. As a matter of fact the judge said it was a difficult point – and now I come to think of it, Lord Atkin himself has said something about the matter.’

  ‘Has he now?’ said Mr Merivale. ‘Has he indeed? Now that’s most interesting. I shall study that with the greatest interest. Well, I’m delighted to hear you approve of the idea, my boy, delighted. And now all we’ve got to do is to choose our leader.’

  He held up his hand. ‘No, my boy, I know what you’re going to say. It isn’t etiquette for you to suggest a name? I wouldn’t dream of infringing the rules, wouldn’t dream of it. Just a few words with your clerk and hey presto, I shall think of the name that’s escaped me for the moment. Now, my boy, I think that’s all I’ve got to ask you at present, and I’m most grateful to you for seeing me at such short notice. It was most kind.’

  ‘Not at all, Mr Merivale.’

  ‘Well, goodbye, Mr – Mr Thursby – goodbye, and I shall look forward to attending a consultation with you and – and – now what was the name I was trying to think of?’ and opening the door he went into the clerks’ room. A few minutes later he came back again.

  ‘Forgive my intruding again. I was just wondering’ – he coughed and hesitated – ‘I was just wondering,’ he said again. ‘I’ve got a young great-niece called Joyce – I believe you’ve met her – would you care to dine with us next Friday – not a party, you know – quite informal – but Joy happens to be coming and with my daughter, who looks after me, it would make up the numbers. I hope you don’t think it’s a presumption on my part.’

  ‘Of course not, Mr Merivale. It’s most kind of you. I shall love to come. Oh, and I don’t know if this is the right thing to say, but would you please thank Mr Smith for the kind remarks he made about me.’

  ‘I shall not forget, my boy, I, shall not forget. Mr Smith shall be told.’

  And Mr Merivale left.

  Chapter Thirteen

  Consultation

  ‘Well, George,’ said Mr Merivale when he was back in his office ‘that’s settled. The young man took it very well.’

  ‘So should I take it very well,’ said George, ‘if someone told me I was going to be paid two or three times as much for doing nothing. Who are you going to have?’

  ‘Plaistowe, I think,’ said Mr Merivale, ‘if he can take it.’

  ‘And what’s that going to cost you?’

  ‘I don’t know and I don’t care. When you’re an old man like me, you may find other ways of getting pleasure, though to look at you, George, one would think that you’ll be looking for something as unpleasant as possible, but I know what I like and if I can pay for it, why shouldn’t I have it?’

  ‘I don’t like to see money chucked away, sir. Plaistowe will want at least thirty. That means you’ll have to pay that bright young specimen of yours twenty, sir. Really, sir, it goes against the grain to give him anything at all – but twenty really is the limit. Why, we could have got any of the best juniors at the Divorce Bar to do it for fifteen at the most, sir.’

  ‘I sometimes wonder why you trouble to call me “sir,” George. It normally is a sign of respect which I find in your case is lamentably lacking. I won’t say that’s always been so. Forty years ago you used to behave yourself quite well. You were a little frightened of me, I think. But now all you say to yourself is – “the old fool won’t be here much longer, doesn’t much matter what I do say. Anyway, I’m much too much use to the firm for them to fire me. I’m part of the furniture – which is solid, meant to last, and ugly.”’

  ‘I’ve the greatest respect for you, sir, but I hate to see you making a fool of yourself.’

  ‘Well, I’m not. If I choose to spend fifty pounds or whatever it is on giving my niece a bracelet I can do so without asking you, can’t I? Well, that’s all I’m doing. Only she’ll like this much more than a bracelet. Now don’t let’s have any more nonsense about it. Fix up a consultation with Plaistowe as soon as we know he can take it. I should say you’d better not have the client there in the first instance. He can see her later if he wants to. You’d better attend it as you saw what happened in Court.’

  ‘I did indeed, sir,’ said George. ‘I shall have great pleasure in telling Mr Plaistowe all about it.’

  ‘Now, George, you’re to behave yourself. It’s not young Thursby’s fault. It’s mine, if you like. Well, you’ve taken it out of me, don’t try to take it out of him too. Come to think of it, I’ll come with you to see fair play. I’m not going to have him bully-ragged. Joy would be very cross indeed and she’d be fully justified.’

  ‘P’raps you’d like to go by yourself, sir,’ said George.

  ‘Now, George, don’t sulk. Of course you must be there to put Plaistowe in the picture. I’m only coming to see that you don’t make it too lurid.’

  ‘As you please, sir,’ said George. ‘I’m only an unadmitted managing clerk and I know my place.’

  ‘Whose fault is it you’re not a partner? You could have had your articles years ago.’

  ‘I knew my place then and I know it now. I don’t believe in all this partner business. My job’s a managing clerk, I know it and I can do it, and that’s how it’s going to stay.’

  ‘By all means, George, but as that’s how you want it, don’t grizzle.’

  A few days later a consultation was arranged with Plaistowe, a busy common law silk who did a certain amount of divorce work and was known to be exceptionally able. His fees were extremely moderate for a man of his ability and in consequence he was very much in demand. Before the consultation began Plaistowe asked to see Roger. They shook hands.

  ‘How are you, my dear chap? I don’t think we’ve met before. You’re in Grimes’ chambers, I believe?’

  ‘I’m his pupil, as a matter of fact,’ said Roger. ‘I’ve only been there just over a week.’

  ‘Got away to a flying start, eh? Good for you. I thought I’d just have a word with you about this before we saw the clients. I gather the lady’s not here today. But she’s given all her evidence – unless we want something more out of her – so that’s all to the good. I gather we don’t care for her very much.’

  ‘No,’ said Roger.

  They talked about the case for a short time and then Mr Merivale and Mr Smith were shown in.

  ‘How are you, Mr Merivale? It’s a long time since we met. Not since I took silk, I believe.’

  ‘Ah, I don’t very often come to the Temple nowadays, Mr Plaistowe, but in this case Mr Smith – whom, of course, you know, particularly wanted me to come. So, as I have to do what I’m told, here I am and very pleased to see you again.’

  Plaistowe shook hands with Mr Smith and they all sat down.

  ‘I gather our client’s a bit of a so-and-so,’ said Plaistowe. ‘D’you think the judge believed her?’ Plaistowe looked first at Roger and then at Mr Smith. Roger cleared his throat.

  ‘I think probably Mr Smith will know that better than me – with all his experience.’

  Mr Merivale looked at Mr Smith with something of an air of triumph, which seemed to say, ‘Not quite such a fool as you thought, eh, George?’

  ‘He won’t believe her where he can help it, sir,’ said Mr Smith. ‘But I don’t think he’s going to down us on that. He doesn’t like the nearness of the adultery to the desertion, and he’s not satisfied that the mere fact that the husband didn’t know is enough. Would you agree with me, sir?’ and he turned to Roger.

  ‘It sounded rather like it,’ said Roger.

  ‘Well, do we want any more evidence from our client? What d’you say, Mr Merivale?’ asked Plaistowe.

  ‘I think you’d better put that to Mr Smith. I’m really only here as I’ve said because he asked me to come. I don’t really know much about it, except that your learned junior has so far done admirably, as Mr Smith will confirm.’

  Plaistowe caught Mr Smith’s eye and quickly said: ‘I’m quit
e sure he will. Well, what d’you say, Mr Smith? Is there any point in trying to get any more out of our client?’

  ‘Quite candidly,’ said Mr Smith, ‘the less we see of that lady in the witness box – or indeed anywhere else – the better. He caught her out in a thumping lie and although he hasn’t said anything about it at the moment, knowing Judge Ryman, I’m pretty sure it’s in safe keeping.’

  ‘Then you think just argue the point of law that there must be desertion if there’s no knowledge of the adultery?’

  ‘Yes, sir,’ said Mr Smith, ‘that’s my opinion, but, of course, Mr Thursby here may have different views. From what I gathered during his address to the judge, as far as I was able–’

  ‘Yes, Mr Thursby,’ interrupted Mr Merivale, ‘and what is your opinion? My recollection is that, when I saw you in chambers, you were of precisely the same opinion as Mr Smith has just expressed, though Mr Smith won’t mind my saying that I thought you put it rather better.’

  ‘I wouldn’t say that at all,’ said Roger, ‘but for what it is worth, that is my opinion.’

  ‘I’m glad you confirm Mr Smith’s view,’ said Mr Merivale. ‘It’s always satisfactory to the lowly solicitor when counsel agrees with him. Alas, it is not so often, I fear.’

  ‘You’re too modest,’ said Plaistowe. ‘I nearly always agree with solicitors – when they’re right.’

  Chapter Fourteen

  Sally

  Sally’s mother lay on a couch with her eyes closed. Sally came into the room but her mother took no apparent notice. Sally sat down and opened a paper and rustled it. Her mother’s eyes remained closed. After waiting a few minutes, Sally said quite softly: ‘Mother, darling, are you with Brahms?’

  There was no answer and the eyes remained closed. So Sally went on reading. After a few minutes Mrs Mannering opened her eyes.

  ‘No, Schubert, darling,’ she said. ‘What is it you want?’

  ‘Could you bear to be separated for a moment?’ asked Sally.

  ‘He turned me out,’ said her mother. ‘Said he had an appointment with someone or other. I forget the name. No. I remember. Georges Sand.’

  ‘That was Chopin, Mother.’

  ‘My darling Sally, you must allow me to dream whom I choose. It was Georges Sand. As a matter of fact he said she was leaving Chopin.’

  ‘Dates, Mother.’

  ‘There are no dates in dreams, darling, not in mine anyway. But you look serious. What is it?’

  ‘D’you think I’d be silly to change my job, Mother?’

  ‘You’re in love with that young man, aren’t you?’ replied her mother.

  ‘Terribly.’

  ‘How will changing your job help?’

  ‘I thought – I thought,’ began Sally and for once spoke with less confidence and started to blush as she said it: ‘I thought of going into a solicitor’s office.’

  ‘I see,’ said her mother, and thought for a moment. ‘That certainly makes sense.’ She paused again. ‘But is it any good, Sally? Have you any chance?’

  ‘Oh, Mother, darling, I just don’t know. Not at the moment, certainly, not a hope at the moment. But you can’t be absolutely sure. And I’d wait for years and years if need be.’

  ‘You’d be very good for him,’ said her mother. ‘You’d make a nice pair. But he’s terribly young, of course. Still, he’ll grow. Of course, you’re not all that old, though I agree that every one of your twenty-one years is equal to two of his. But that’s usually so with girls.’

  ‘I’m sure he’s not really fond of Joy,’ said Sally. ‘She’s much prettier than I am, of course, but she’s such a little ass, he couldn’t be.’

  ‘I don’t believe that’s a criterion,’ said her mother. ‘There are lots of sweet little asses in the world, male and female, and highly intelligent people fall in love with them, marry them and live happily with them ever after.’

  ‘I suppose that’s right,’ said Sally, ‘but I’m not really worried about Joy. Except for one thing.’

  ‘What’s that?’

  ‘She might buy him.’

  ‘What a horrible thing to say. You can’t love a man who’ll hand himself over to the highest bidder.’

  ‘He wouldn’t know he was doing it. As you say, he’s terribly young. He’s very impressionable and – and very ambitious. If Joy can get her uncle to feed him with briefs–’

  ‘Sally, this is really becoming unpleasant. You are actually proposing to start an auction. I realized it was something to do with Roger, of course, but I didn’t realize you were seriously thinking of going into the market yourself.’

  ‘Well – that’s why I wanted to talk to you. Do you really think it’s dreadful? If Joy didn’t brief him, I wouldn’t. But if she does, why shouldn’t I? Why should she have such a huge advantage? Why, out of mere gratitude he might feel he had to marry her. That really is dreadful, if you like.’

  ‘And suppose you send him bigger and better briefs than Joy – suppose you outbid her at every turn, two for each of her one, ten guineas where she sends five, the Court of Appeal when she sends him to the County Court, the House of Lords when she sends him to the Court of Appeal–’

  ‘Don’t, Mother,’ said Sally, ‘there’s no need to make it sound beastlier than it is. All right, it is beastly if you like. But I wouldn’t let him marry me out of gratitude. I should know and I wouldn’t. He did sort of ask me to marry him once, but I wouldn’t say “Yes” then as I know he wasn’t sure. I’ll only marry him if he really wants me – but oh, Mother darling, I do want him to.’

  ‘You certainly have got it badly, Sally.’

  ‘You let Father accompany you, Mother, and it was torture. Wasn’t that bidding for him?’

  ‘You have a point there, Sally. That odious creature Nellie – what was her name? Thank Heaven – I’ve forgotten it. She used to let him play and she had a voice like an angel. What could I do? I wasn’t in her class. But my wrong wouldn’t make your wrong right.’

  ‘But you weren’t wrong Mother, darling. You were right. Look how happy you were – it can’t have been wrong. He’d have been most unhappy with Nellie what’s-her-name. You’ll admit that, won’t you? And you had all those years of happiness together and you produced a most efficient, intelligent, not too bad-looking – and entirely miserable little girl. I’m going to do it, Mother darling. You did and I’m going to. It’s sweet of you to make things so clear to me. Now you can go back to Brahms, sorry, Schubert.’

  She lifted her mother’s legs on to the sofa again.

  ‘Back you go,’ she said. ‘P’raps he’s tired of Georges Sand by now.’

  The same afternoon Sally obtained a secretarial job with Messrs Moodie and Sharpe to start in a fortnight’s time when she had completed her period of notice with her employers.

  ‘Have you any experience of legal work, Miss Mannering?’ asked Mr Sharpe, the partner who saw her, after she’d given satisfactory proof of her shorthand and typing ability.

  ‘Not really,’ said Sally, ‘but I’ve been to the Courts once and I’ve got a friend who’s a barrister.’

  ‘Oh, who’s that?’

  ‘Oh, you wouldn’t know him. He’s only a pupil. Just started. He’s with a Mr Grimes.’

  ‘Oh, I know him well. We brief him sometimes, as a matter of fact. That’s very interesting. And why do you want to come to a solicitor’s office?’

  ‘I like the law and, who knows, I might become a solicitor myself in the end, if I were good enough.’

  ‘And then you could send briefs to your friend – Mr – Mr – I don’t think you mentioned the name?’

  Sally blushed slightly.

  ‘It’s Thursby, as a matter of fact,’ she said. ‘Roger Thursby.’

  ‘You needn’t feel embarrassed, Miss Mannering. It’s quite a normal thing. I advised a client of mine to send his daughter to be articled to a solicitor. She was going to marry a barrister. A jolly good partnership, I thought, unless they went in for more productive sc
hemes. Even then they can sometimes be combined. Oh – no – you mustn’t flatter yourself that you’re the first to think of that.’

  ‘Thank you for being so frank, Mr – er – Mr Sharpe.’

  ‘Thank you, Miss Mannering, and would you like to start today fortnight? Good. You’ll be working for me. My secretary’s leaving to get married. No, not a barrister. Oh, by the way, I ought to warn you that I’m on the conveyancing side. I don’t do any litigation.’

  ‘I see,’ said Sally. ‘All the same, I’d like to come, please.’

  ‘Excellent. I think we should suit each other very well. And don’t worry too much about the conveyancing. I have a most understanding partner. But he won’t send briefs to people who aren’t any good. Has an old-fashioned notion about studying the interests of the client. Oh, there is just one other thing. I hope you won’t mind or feel offended. It’s purely a formality. I’d just like you to meet my wife first.’

  ‘I see,’ said Sally.

  ‘It’s much better that way,’ said Mr Sharpe. ‘She’ll pass you without a doubt.’

  ‘Indeed,’ said Sally.

  ‘She has an almost pathological aversion to blondes. That’s all I meant, I assure you.’

  Chapter Fifteen

  Newent v Newent

  In due course Mrs Newent’s petition came on again for hearing. This time Roger was in a state of the happiest excitement. He was going to sit behind a QC. And he had only been called a little over a month. He wouldn’t have to open his mouth in Court, but he’d be one of the counsel in the case, he was getting an enormous fee of twenty guineas, nearly three times as much as was marked on his original brief. He even wondered for a moment if he’d get both the seven and the twenty guineas, but he dismissed the thought as unworthy. Since the consultation he had spent many hours looking up authorities and he eventually had delivered a voluminous note to Plaistowe.

  ‘Not at all bad, my dear chap. Difficult to believe you’ve only just been called.’