~~*~~
Freeman Court stands not far from our temporary lodgings. When Papa, Mr. Pittman, and I present ourselves at the offices of Messrs. Gerber and Cobb the next morning at the appointed time, the clerk ushers us into Mr. Gerber’s chamber.
“Thaddeus James Gerber at your service,” announces the well-dressed gentleman rising from behind a desk piled with musty books of every description.
As introductions and opening pleasantries are passed all round, I eye the solicitor with uncommon interest. He is a spare man not yet in the prime of life – in his early thirties, I estimate – with a premature hint of silver distinguishing his temples. In contrast to my nervousness, he is completely at his ease, which immediately inspires confidence. His manner bespeaks a serious, business-like attitude, yet his face is not devoid of warmth, I note. Watching him, I soon believe that if I must reveal my most personal thoughts and actions to a stranger, I can trust them to Mr. Gerber with more security than to most anyone else.
“Now, Mr. Pittman, follow me next door and allow me to introduce you to my associate, Mr. Cobb,” he says. “I have arranged for you to meet with him whilst I confer with the Walkers. He is a capital fellow and precisely the one to best advise a man in your situation. Will you excuse me a moment, Mr. Walker, Miss Walker?”
Once by ourselves, Papa whispers, “Well, what do you think of Mr. Gerber, my dear?”
“Not that first impressions are always reliable, but I am already disposed to think well of him. There is a certain wisdom and dignity in his countenance, and he speaks with appealing straightforwardness.”
“Just so. I believe we are in good hands, as Mr. Ramsey said.”
Mr. Gerber returns. “Now then, your friend is settled with Mr. Cobb, so let us begin. I understand this concerns a threatened breach-of-marriage-contract suit, an area of the law in which I have considerable experience. Miss Walker, if you are comfortable, I should like to hear your story from the beginning. Tell me how you met your betrothed, how your engagement was formed, and why you wish to break it off. I also need to know about your financial situation, which has apparently made you an attractive target for a lawsuit. Please make your account as complete and accurate as possible – no editorializing or demurrers. If I am to help you, I must know all the facts.”
After a few moments to collect my thoughts, I start by telling him about my inheritance, which seems both the most logical and least perilous place to begin, since I know I can speak on that topic without excessive emotion. My father then presses my hand as if to give me courage to move on to the more sensitive subject of Richard. As I do so, Mr. Gerber listens attentively but unobtrusively, jotting down a few notes, nodding in understanding, and only occasionally asking for a point of clarification before bidding me to continue. When I am at last finished, I blot the dampness from my eyes and look up. “I believe that is all, sir, except that I think it grossly unfair that the law may choose to punish me when I am not the one who behaved dishonorably in this business. Pardon me if I am too blunt.”
“You must forgive my daughter’s outspokenness, Mr. Gerber. Naturally, she is a little overwrought by circumstances.”
“No apology is necessary. I like the fact that you speak your mind, Miss Walker; you may certainly feel free to do so with me. I quite agree with you, by the way. The law can be an ill-mannered beast at times, but we must do the best we can with it. It is my job to see that, in the end, it does you no harm.”
“Then, sir, you do agree to advise us?” my father inquires.
“Yes, for as long as you desire of my services. I must tell you, though, my style is very direct. I find it saves time, and it is the only way I know to go about my business. I hope that will be agreeable to you, Miss Walker.” I nod. “Good. I felt sure that you would neither appreciate nor require coddling. I suggest we continue our discussion here tomorrow at this same time. I wish to give the matter more thorough study before I render an opinion on how we should proceed.”
“Very good, sir. Until tomorrow, then,” says Papa.
We take our leave of Mr. Gerber and find our friend waiting in the outer office, his business with Mr. Cobb already concluded. Mr. Pittman looks more cheerful than he has since his financial woes began. On the ride back to the lodging house, he speaks with guarded optimism about what the solicitor said of the possibility of recovering his property.
“…The upshot is that Mr. Cobb has promised to look into the matter for me. He says I must not let my hopes soar too high, but he thinks there is a reasonable chance that the villains who cheated me can be forced to make some restitution.”
“That is good news indeed, old friend,” Papa agrees. “I was sure there must be some legal recourse available to you. The culprits should not be allowed to get away with their booty uncontested. Let us hope Mr. Cobb is the man to give them a proper run for their money.”
~~*~~
The next day, my father and I return to Freeman Court to hear Mr. Gerber’s considered opinion. He wastes very little time coming to the point.
“To begin, Miss Walker, I must say that I believe sufficient grounds exist for bringing a suit of non-performance of a marriage contract against you. Or, I should say, they will exist if you fail to appear for your wedding on the appointed date. There is abundant evidence to show that a valid engagement was established between you and Mr. Richard Pierce, so that aspect of the case cannot reasonably be contested.”
This comes as no surprise to me. I nod and he continues.
“However, there are mitigating circumstances which your barrister will argue should the suit ever come to court. For example, the brief duration of the affair weighs in your favor; Mr. Pierce can claim neither excessive monetary investment to be reimbursed, nor substantial hardship for a protracted restriction of his ability to find affection elsewhere. We can also assert that Mr. Pierce committed a fraud by deliberately concealing the true state of his finances from you, which goes to his presumed responsibility to provide for you and your future children.
“In my view, the plaintiff’s barrister will have a ticklish situation on his hands. Should he argue that Mr. Pierce deserves compensation for being disappointed in his expectation of benefiting financially by his marriage to you, then he runs the risk of his client being deemed an unchivalrous cad at best and a calculating fortune hunter at worst. On the other hand, should he claim that the damage is primarily emotional in nature, the danger is that the jury will judge his client weak and unmanly, and a large financial settlement inappropriate. Neither strategy alone guarantees meeting the burden of proof, and the two can hardly be argued together since they tend to contradict each other, if you see what I mean.”
“That makes a deal of sense,” I eagerly agree. “Surely any reasonable person would see the weakness of either argument, as you described.”
“Yes, any reasonable person,” Mr. Gerber says. “No doubt Mr. Pierce’s solicitor, if he be a competent man, will acquaint his client with these facts. In addition, it behooves him to remind Mr. Pierce, as I do you,” he says with particular emphasis and a solemn look, “that going to court is to be avoided for two very good reasons.
“First, juries are notoriously unpredictable. They are as likely as not to wholly disregard the logic of the arguments presented, ignore the judge’s directions, and side with the barrister who puts on the best show, awarding either nothing or an excessively large judgment according to their collective whim.” He pauses a moment for that news to make its impression. “And second, win or lose, one who is a party to this sort of suit may well come away dissatisfied. It can be a long, grueling process with costs counted not only in pounds, but in a heavy toll on one’s dignity and peace of mind.”
I shudder at the thought of such a dismal outlook. Seeing my distress, my father takes upon himself the trouble of responding. “Thank you for being so very direct on this point, Mr. Gerber, just as you promised you would be. It is for our benefit that we know these harsh realities in advance, I’m s
ure. Yet, that being the situation, what can we do about it, sir?”
“I did not say these things to discourage you. On the contrary, these ‘harsh realities,’ as you so aptly termed them, Mr. Walker, may be your strongest allies since they apply in at least equal measure to your adversary. He has as much to lose by a court trial as you do – less in monetary terms, perhaps, but more risk of damaging his family name. Consequently, I am convinced that, should Mr. Pierce continue to pursue the matter, his true goal will be to achieve an acceptable settlement without the pain, expense, and publicity of a trial. Our advantage is that we know it and can plan accordingly.
“At this point, I would advise you against making any response to the threatening letter you have shown me. It would seem that the senior Mr. Pierce is the driving force behind the idea of taking legal action. Yet you are free to ignore his tirades. He has no legal standing in the case. Only his son, as the allegedly injured party, has the right to file a suit. Should he refuse to do so, it will all come to nothing.”
“If only that were possible,” I interject, “but I cannot be so optimistic. I find it difficult to imagine that Richard will have the fortitude to oppose his father in this.”
“Well then, we must be prepared for the alternative. With a sound plan in place beforehand, there will be no temptation to panic if and when you are served with notice of Mr. Pierce’s definite intention to sue. His solicitor’s letter will state his client’s claims and stipulate a specific amount in damages. That is when the real negotiations begin. There can be a lot of wrangling back and forth before a mutually agreeable settlement is found. I will, of course, handle all of that for you, according to your instructions. Unless the two parties arrive at a complete impasse, the case need never come to trial.”
“What do you recommend?” Papa asks. “I suppose Jo must be prepared to offer Mr. Pierce something.”
“Yes, I believe that is the wisest path if you wish to keep out of court. It needn’t be a huge sum. As little as a thousand pounds might well do the trick. After all, if he takes the matter to trial, he will have ten times the trouble and perhaps clear no more than that in the end.”
I cannot help interrupting. “Excuse me, Mr. Gerber. May I be frank?”
“By all means.”
I rise from my chair and pace the confines of the small room like a caged tiger. “You speak of claims, damages and settlements as if it is simply a matter of course. Perhaps for you it is, but not for me. In fact, it strikes me that the whole scheme is little better than a form of legalized extortion! Do not misunderstand me; the money is of minimal importance to me. It is the principle involved that is impossible to surrender. Mr. Pierce’s bad conduct is responsible for placing me in this dreadful position. And now, on top of what I have already suffered, he threatens to drag me into court. Does such barbarous behavior deserve to be rewarded?”
“I understand your repugnance for the notion, Miss Walker. Obviously, you are a woman of high ideals, and I admire you for it. My own personal sympathies tend in much the same direction, I assure you. However, years of experience have taught me that survival often demands compromise. In the judicial system, taking an unyielding stand for one’s principles can prove exceedingly hazardous… and enormously expensive. That is the plain truth. As your solicitor, it is my sworn duty to steer you away from such peril.” He pauses and sighs thoughtfully. “Nevertheless, should you be firmly of that mind, there is another course of action you may wish to consider – a very effective but extreme measure. I hesitate even to mention it.”
“Tell me,” I demand. Mr. Gerber looks dubious. “You promised to be straightforward with us, sir. Now, tell me your idea.”
“As you wish, Miss Walker. But let me first remind you that this is not a recommendation, only one possibility, and that I advise very careful reflection before taking such a drastic step. In the end, however, you must be the judge of whether or not it is the best solution. I am entirely at your service; I will do as you instruct me regardless of what you decide.”
“Yes, yes, I quite understand, Mr. Gerber. Now what is it?”
“Well, Miss Walker, the surest way to prevent Mr. Pierce getting his hands on any of your fortune is to dispose of it before he has the chance. You can divest yourself preemptively. Whilst the money is still yours to do with as you like, you can give it away.”
27
Home Again
Give away my fortune? What an idea! Such a strategy would never have occurred to me, yet I must acknowledge it has a certain appeal. The money has never brought me any joy, and the thought of Richard’s father finding the cupboard bare after dreaming about its contents so long makes me laugh aloud. “Oh, to see the look on his face … It might almost be worth it, Mr. Gerber. You say it has been done successfully before?”
“Oh, yes. People go to great lengths to avoid paying a judgment, especially when they believe, as you do, that the plaintiff deserves nothing. I have known defendants in such cases to go so far as to emigrate, or even submit to imprisonment rather than give in. Although it is more common to hide or actually dispose of assets in order to keep them out of reach – a large bequest to a near relation, for example. However, I must state again that I consider such radical measures completely unwarranted in your case, Miss Walker, at least from a practical standpoint. In my opinion, Mr. Pierce’s claim is not strong enough to endanger the bulk of your fortune.”
“Yet you have also said that juries are unpredictable, and, as I have told you, it is the principle as much as the practical that interests me.”
The discussion continues some twenty minutes more, the solicitor explaining various details concerning the legal process and the likely sequence of events in order that I should be fully prepared for every eventuality. No immediate decision will be required of me, as the wheels of legal process grind exceedingly slow. For now, Mr. Gerber charges me to give very earnest consideration as to how I wish the situation handled, to keep him apprised of any new developments, and to take no serious action without first consulting him.
That evening, Mr. Ramsey calls again, spending most of his visit in quiet conversation with me. “So, your business is finished here?” he asks.
“Yes, for now.”
“And are you satisfied with Mr. Gerber?”
“I am satisfied that his counsel is wise and well-founded, yes. It is not the most pleasant news to hear, but I would not have thanked him for giving me anything less than the truth. He told us at the outset he would be direct, and he has kept his word.”
“I am pleased to hear it.”
“The quality of Mr. Gerber’s advice notwithstanding, I come away from my first encounter with the legal system scarcely less ignorant than when I began. The little which I could understand, however, appears to contradict the very few notions I had entertained on the matter before. It seems the law has only a nodding acquaintance with justice and an even more tenuous association with common sense. I find it sadly disillusioning. Are you certain you can be happy pursuing a career as a barrister, Mr. Ramsey?”
“The law is a flawed institution, I grant you. Still, I believe reform is coming, and perhaps I shall be able to do my part. At any rate, it is an honorable profession and genteel enough to suit my mother. Of course, she does not intend that I should ever make a living at it. I can, though, if I am obliged to, and that gives me hope for the future.”
“As we are speaking of Miss Graham…” I say mischievously.
“Oh, were we?”
“Perhaps not, but I felt certain we were both thinking of her just then. Be that as it may, I had an idea you might like to know she is to come to me in Hampshire soon. So, should any chance occurrence or errand of business coincidentally take you in that direction, you may have the pleasure of meeting with her again sooner than you expected.”
“Thank you, Miss Walker,” he says with a warm glint in his eye. “I shall certainly bear that in mind.”
~~*~~
I return to Walle
rton with thoughts of everything I have lately learnt about my situation stirring round in my head. Thankfully, I have weeks to sort it all out, since the event that will seal my fate – the scheduled wedding date – is still three months off.
A letter from Richard has arrived whilst I was away, insisting on a more expeditious response. It says in part, “I know you asked not to be disturbed, but you leave me no choice. I can tolerate this silence no longer. It is still my earnest desire that, in the end, you will agree to marry me in May as planned. Yet every day that passes without word from you eats away at that hope a little more. I beg you, Jo, put an end to this awful suspense. Have I not been punished enough? Come back to me and let us be happy together as we were before.”
Richard’s words tug at my heartstrings. I find myself softening toward him despite my efforts to resist. He has done wrong, certainly. Still that does not mean that he is entirely without redeeming qualities, without any proper feeling. Perhaps he really does love me, just as he has claimed all along. In some ways, I should like to think so. Alas, I will never know for sure. Strictly speaking, his professions only establish that he would rather have the whole twenty thousand pounds by marriage than whatever fraction thereof he might realize in a settlement.
~~*~~
The next morning, I prepare to visit Agnes after my absence. Although I ordinarily prefer to walk the distance or ride horseback, today’s persistent, unseasonably late fall of sleet demands that I commit myself to the carriage instead. On my way, I remember that Mr. Gerber has cautioned me against discussing my legal situation with anyone beyond my own family. However, I have little need to be evasive with Agnes, as she proves remarkably disinterested in the subject. Once she hears that the trip to London has been a success, she is satisfied and ready to move on to more interesting topics.
For Myself Alone: A Jane Austen Inspired Novel Page 17