A Prisoner of Birth

"No, sir, he had not stolen the family silver, and I feel confident that Harold Macmillan would have agreed with me on this occasion. The only thing Danny Cartwright had stolen, Mr. Pearson, was the family name."

"You can no doubt explain to the court," said the judge, having sufficiently recovered from Mr. Munro's previous onslaught, "the moral dilemma I am facing with your hypothesis."

Mr. Munro turned to face the judge, aware that he had captured the attention of everyone in the court, including the policeman on the door. "Your lordship need not trouble himself with any moral dilemma, because I was interested only in the legal niceties of the case."

"The legal niceties?" said Mr. Justice Hackett, treading carefully.

"Yes, m'lord. Mr. Danny Cartwright was the sole heir to the Moncrieff fortune, so I was unable to work out what law, if any, he was breaking."

The judge leaned back, happy to allow Pearson to be the one who sank deeper and deeper into the Munro mire.

"Can you explain to the court, Mr. Munro," asked Pearson in a whisper, "just what you mean by that?"

"It's quite simple really, Mr. Pearson. The late Sir Nicholas Moncrieff made a will in which he left everything to Daniel Arthur Cartwright of twenty-six Bacon Road, London E3, with the sole exception of an annuity of ten thousand pounds, which he bequeathed to his former driver, a Mr. Albert Crann."

Sir Matthew opened his other eye, not sure whether to focus on Munro or Pearson.

"And this will was properly executed and witnessed?" asked Pearson, desperately searching for a possible escape route.

"It was signed by Sir Nicholas in my office on the afternoon of his father's funeral. Aware of the gravity of the situation and my responsibility as the legal custodian of the family estate-as you have been so keen to point out, Mr. Pearson-I asked Senior Officer Ray Pascoe and Senior Officer Alan Jenkins to witness Sir Nicholas's signature in the presence of another partner of the firm." Munro turned to the judge. "I am in possession of the original document, m'lord, should you wish to study it."

"No, thank you, Mr. Munro. I am quite happy to take your word," the judge replied.

Pearson collapsed onto the bench, quite forgetting to say, "No more questions, my lord."

"Do you wish to re-examine this witness, Mr. Redmayne?" the judge inquired.

"Just one question, my lord," said Alex. "Mr. Munro, did Sir Nicholas Moncrieff leave anything to his uncle, Hugo Moncrieff?"

"No," said Munro. "Not a brass farthing."

"No more questions, m'lord."

An outbreak of hushed whispers filled the courtroom as Munro stepped out of the witness box, walked across to the dock and shook hands with the defendant.

"My lord, I wonder if I might address you on a point of law," inquired Alex as Munro departed from the courtroom.

"Of course, Mr. Redmayne, but first I will have to release the jury. Members of the jury, as you have just heard, defense counsel has asked to discuss a point of law with me. It may not have any bearing on the case, but should it do so, I will fully brief you on your return."

Alex looked up at the packed public gallery as the jury left. His gaze settled on an attractive young woman whom he had noticed sitting at one end of the front row every day since the trial had begun. He had meant to ask Danny who she was.

A few moments later the usher approached the bench and said, "The court has been cleared, m'lord."

"Thank you, Mr. Hepple," said the judge. "How can I assist you, Mr. Redmayne?"

"My lord, following the evidence given by the estimable Mr. Munro, the defense would suggest that there is no case to answer on counts three, four and five, namely the occupation of the house in The Boltons, benefiting from the sale of the stamp collection, and the issuing of checks on the Coutts bank account. We would ask that all these counts be dismissed, as it is self-evidently quite difficult to steal that which already belongs to you."

The judge took a few minutes to consider the argument before replying, "You make a fair point, Mr. Redmayne. What is your view, Mr. Pearson?"

"I feel I should point out, m'lord," said Pearson, "that although it may well be the case that the defendant was the beneficiary of Sir Nicholas Moncrieff's will, there is nothing to suggest that he was aware of this at the time."

"My lord," countered Alex immediately, "my client was well aware of the existence of Sir Nicholas's will, and of who the beneficiaries were."

"How is that possible, Mr. Redmayne?" asked the judge.

"While he was in prison, m'lord, as I pointed out on a previous occasion, Sir Nicholas kept a daily diary. He recorded the details of his will on the day after he returned to Belmarsh following his father's funeral."

"But that doesn't prove that Cartwright was privy to his thoughts," pointed out the judge.

"I would agree with you, m'lord, were it not for the fact that it was the defendant himself who pointed out the relevant passage for my junior's consideration." Sir Matthew nodded.

"That being the case," said Pearson, coming to the judge's rescue, "the Crown has no objection to these charges being withdrawn from the list."

"I am grateful for your intervention, Mr. Pearson," said the judge, "and agree that it would appear to be the proper solution. I will so inform the jury when they return."

"Thank you, m'lord," said Alex. "I am obliged to Mr. Pearson for his assistance in this matter."

"However," said the judge, "I'm sure you don't need reminding, Mr. Redmayne, that the most serious offense, that of escaping from prison while in custody, remains on the indictment."

"I am indeed aware of that, m'lord," said Alex.

The judge nodded. "Then I shall ask the usher to bring back the jury so I can inform them of this development."

"There is a related matter, my lord."

"Yes, Mr. Redmayne?" said the judge, putting down his pen.

"My lord, following Sir Hugo Moncrieff's evidence, we have subpoenaed Mr. Spencer Craig QC to appear before you as a witness. He has asked for your lordship's indulgence as he is currently leading in a case taking place in another part of this building, and will not be free to appear before your lordship until tomorrow morning."

Several members of the press rushed out of the courtroom to phone their news desks.

"Mr. Pearson?" said the judge.

"We have no objection, m'lord."

"Thank you. When the jury returns, after I have directed them on these two matters, I shall release them for the rest of the day."

"As you wish, my lord," said Alex, "but before you do so, may I alert you to a slight change in tomorrow's proceedings?" Mr. Justice Hackett put his pen down a second time, and nodded.

"My lord, you will be aware that it is a recognized tradition of the English Bar to allow one's junior to examine one of the witnesses in a case, in order that they may gain from the experience and indeed be given the chance to advance their career."

"I think I can see where this is leading, Mr. Redmayne."

"Then with your permission, m'lord, my junior, Sir Matthew Redmayne, will lead for the defense when we examine the next witness, Mr. Spencer Craig."