‘The action of criminal conversation, however, is more complex. It is a lawsuit sounding in tort – an injustice to the person – based upon sexual intercourse between the defendant, your client, and the plaintiff’s spouse, Mrs Appleton. Further to define the law, a criminal conversation is a strict liability tort, because the only thing the plaintiff, Alfred Appleton, has to establish is an act of sexual intercourse, the existence of a valid marriage between the plaintiff and the adulterous spouse, and the bringing of a lawsuit within the applicable statute of limitations. It is not a defence that the defendant did not know his sexual partner was married, which indeed, Mr Beckwith, you did not advance. Nor is it a defence that the adulterous partner consented to the sex, which again you have not advanced. Nor is it open to you to plead that a separation already existed, that the marriage was unhappy or that the defendant’s sex with the spouse did not otherwise affect the plaintiff’s marriage. Most important among other caveats, which I will not at this stage explore further, is that the plaintiff had also been unfaithful…’
There was the familiar pause, for further throat clearing. Beckwith, expressionless, was sitting tensed forward, leaving the judgement to be recorded by the court stenographer. Bartle was doing the same but there was already a satisfied smile settling on his face. On that of Alfred Appleton, too.
‘None of which diminishes the submission that you have made before me today. It is my function to interpret and administer the law, as it has been proscribed. Even before the full and proper beginning of this action, matters arose which greatly disturb me and upon which I have yet to adjudicate. I do not believe that I would be properly administering the law, which is my duty, if I found for your submission and dismissed your client from this matter. As I have, in the matter of the medical evidence, I intend to reserve my judgement, pending the full hearing.’
‘Fuck it!’ Jordan heard his lawyer say. It was what Jordan thought, too.
Twenty-Five
After granting David Bartle’s instantly sought, and unopposed, application on behalf of Appleton for the divorce hearing to be in closed session, Pullinger adjourned until the following week, citing his need to use the intervening days to ‘tidy the loose ends of this wholly unfortunate beginning’, and once more Jordan and the two lawyers gathered in Reid’s Raleigh office to review the judge’s rejection.
‘We should have known about that goddamned ring,’ complained Reid at once, openly accusing.
‘If I’d remembered it I would have told you,’ said Jordan, no longer deferring to either lawyer, although glad now that he and Beckwith hadn’t split after their earlier disputes. ‘It was exactly as Alyce and I told the court: a stupid joke thing that was totally unimportant. And I can’t – and won’t – believe Pullinger refused the dismissal because of it. That would be ridiculous.’ He looked at Beckwith. ‘I thought you made a convincing submission. Thank you.’
The lawyer inclined his head in acknowledgement and said, ‘It was annoying, being caught out about the ring, but I don’t think that was why Pullinger found against us, either. I think he was thoroughly pissed off by what the other side tried to pull and didn’t want to protract everything further with another possible plea on Leanne’s behalf. This way he’s tied it up in one bundle.’
‘You still estimating any finding against me as high as you did in the beginning?’ asked Jordan.
Beckwith shook his head. ‘We’re way down the scale now. We’ve got to be!’
‘I agree,’ said Reid.
‘Alyce stood up well, until it was all over,’ said Jordan. When she’d been invited to the review conference she had pleaded exhaustion and Dr Harding at once confirmed, after examining her, that medically it would be too much for her to go through any analysis, actually administering some medication in a court ante-room before yet again smuggling her from the building.
‘Now you’re going to be centre stage,’ Beckwith reminded Reid. ‘You think she’s going to be strong enough to stand up to it all? Today wasn’t even a taste of what she’s going to face from Bartle when we get to the full case.’
‘I’m glad of the adjournment,’ admitted Reid. ‘I’m seeing Harding first thing tomorrow. After what’s already happened I don’t want to throw any more medical stuff at Pullinger but I might ask for some relaxation in her attending if Harding tells me it’s necessary.’
‘You intending to have him on hand all the time?’ queried Beckwith.
‘Another reason for seeing him tomorrow,’ expanded Reid. ‘I’m hoping his function at the Bellamy clinic is more administrative than actually practising. If it is he might be able to spend more time than someone with a patient list.’
‘He looks young to be the administrator of an entire hospital?’ suggested Jordan.
‘Local boy made good,’ said Reid. ‘Very good indeed.’
‘What do I have to do now?’ Jordan asked his lawyer. ‘Do I have to be in court the whole time?’ There was a lot more use to which he could put the New York bank accounts.
‘I’ll think about that as things take their course,’ said Beckwith, cautiously. ‘We’re pretty much at the back of the bus in the immediate future. But certainly you should be in court in those early days. I’m sure we’re still ahead, as far as our part of the case has gone. But I don’t want to upset a spiky old bastard like Pullinger by making a move he’d consider disrespectful. And after his reaction to how you make a living I wouldn’t like to argue pressure of business.’
‘I don’t think much of Bartle. Or Wolfson,’ prompted Jordan. Or Reid, for that matter, he mentally added.
‘We knocked both of them way off course,’ said Beckwith. ‘Bartle did the best he could with what he had. Which was why the ring was a nuisance. Without it he really would have been floundering.’ He looked at Reid. ‘Don’t underestimate him next week. He’s got a lot of court ground to recover. Wolfson, too. Alyce is going to be put through a lot of hoops and she already needs a doctor on standby.’
‘That’s what I’m going to talk through with Harding tomorrow.’
‘Shouldn’t there be a specialist on hand, as we had over the chlamydia business?’
‘I told you, that’s what I’m seeing Harding to decide,’ insisted Reid. ‘And I think these after-court discussions are useful. I’d welcome the input continuing.’
I bet you would, thought the unimpressed Jordan. He said, ‘You’re going to need more than discussions like this if your enquiry people don’t move their asses more than they’ve done so far.’
‘The planning conference with them is scheduled for tomorrow afternoon. They’re making promising noises. I’ll bring Dan up to speed before we start next week.’