Chapter Two

And you saw her kissing the owner of the bookstore?”

J.J. cast a long convicting look at his mother and then turned his gaze back to his father’s lawyer.

“Yes. Yes, she was. She betrayed my father—”

“Objection!”

“Sustained. Please ask your witness just to answer the questions,” said Judge Gerian.

“Yes, your Honour.”

Jenny stared at her son in disbelief, hardly believing her ears. His remark after seeing John kiss her cheek that day still stung. Over the years she had tried to explain, but he wouldn’t listen to her side or to reason. He accused her of being unfaithful and claimed she was totally to blame for breaking up the marriage and the home. He was completely supportive of his father and totally overlooked his father’s input into the demise of his parents’ marriage.

She should have known this would eventually happen. Almost from the moment J.J. was born, James set out to take him away from her. He had made it his mission to make J.J. a clone of himself, only better and smarter. The moment J.J. was able to walk, James took him to the office to prepare him for his eventual role as president. When J.J. was at home, James continuously took the opportunities of raising and bonding with her son away from Jenny. She and her son hardly had any time together or time to get to know each other.

It was no mystery how over time, J.J. acquired all the habits and idiosyncrasies of his father. J.J. walked like his father, stood with the same tilt to his back, and even folded his arms across his chest when talking to others. But most important, J.J. thought just like his father, as well. And now, James was reaping the reward of his training. He had succeeded in turning his son against his mother.

Even though Jenny was there in body, she no longer heard the questions the lawyer asked her son. It was all a blur…

“Mrs. Hamilton, please take the stand…Mrs. Hamilton…”

Jenny’s lawyer, Mr. Neels nudged her … “Are you okay?

Jenny was in a daze. Her lawyer quizzed her over and over how to respond to reveal her side of the story. How estranged and lonely her marriage was. How she was warned even before they got married that troubles were impending. She had seen all the signs how deeply James was immersed in his company’s interests. Even her father had cautioned her in that relationship. But she hadn’t listened to her dad, or her instincts, or all the other obvious signs of James’ neuroses. She chose to get married, thinking and hoping it would all change or improve somehow. She soon realized however, that James was married to the corporation and not to her, and that his obsessions were too deeply rooted to go away.

In parts and pieces she heard her lawyer’s questions, the objections by James’ lawyers and the judge ruling “sustained” over and over. Mr. Neels was asking questions in such a way to give the answers. Clearly he was leading and coaxing her but Jenny couldn’t respond. It was against her nature to condemn others and to do so against J.J.’s father was unthinkable. She couldn’t bring herself to condemn James in the presence of her son or discuss any of her feelings toward her marriage. Mr. Neels shrugged his shoulders and shook his head. He wasn’t getting anywhere and wasn’t making any case for her defence try as he might.

Even though Jenny disagreed to bring up the fact that James was cheating on her, her lawyer had no other choice but to try and force his uncooperative client to speak up for herself. He knew what he was about to say would be objected to but he simply wanted to get it out there that James Hamilton was an unfaithful husband and …!

“Mrs. Hamilton, tell the court about Mr. Hamilton’s relationship with female staff, in particular…”

“Objection, leading the witness.”

“Sustained. Mr. Neels, please rephrase the question.”

Jenny stared straight ahead, reluctant to express her belief that James was having an affair with another executive, a very attractive lady whom Jenny had met at one of the social affairs that the company held several times during the year. Her name was Susan Evans. After J.J. was born James never took her to the staff parties any more. Jenny always suspected her husband took his office manager, Susan. But what bothered Jenny even more deeply was that J.J. had bonded more to Susan than to her. It was Susan who tutored J.J. at the office all the time as he grew up. It pained Jenny each time her son raved about the new things he had learned from Susan at the office.

Unable to get any kind of reply from Jenny, her lawyer raised his hands in frustration and sat down.

Having made the insinuation that James was cheating on her, James’ lawyer quickly tried defuse that issue. “Mrs. Hamilton, suspecting that your husband was seeing another woman is hearsay. Do you have any witnesses to corroborate this?” asked Mr. Roberts, one of the several lawyers representing James.

Jenny simply shook her head negatively. She could have said that J.J. more than likely saw them kissing and being together, but she would never have her son get caught in between.

“Do you have any photos or proof of any kind by an outside agency you may have hired?”

Jenny looked at James and then back to the lawyer and stared blankly at him.

“Your lawyer suggested that you were suspicious and had good reason to believe that your husband may be seeing someone else.” And then moving closer to Jenny and leaning towards her, he continued, “Mrs. Hamilton, a woman’s intuition has to be substantiated with fact. Hard evidence. This is a court of law and what we say has to be substantiated.”

Mr. Roberts stared intently at Jenny waiting for some response then pivoted on his heel and returned to the table. “I have no further questions of Mrs. Hamilton, Your Honour.”

Jenny, completely absorbed in the deplorable situation she found herself in, just sat in the witness stand. Her mind was swirling… how is this all possible? Perhaps if she had been firmer, more demanding, right from the start…? But that would have gone against her nature. And then when J.J. was born it was too late to leave. She decided to stay in an almost intolerable relationship and environment. She had hoped her presence in the home would give J.J. some sense of a normal upbringing, but she never had a chance. And now James had won the ultimate victory, his coup d’état. He had finally found a way to get rid of her and the weapon he used to do so was…her own son.

The afternoon session proved to be even more disconcerting for Jenny as the questions turned to money matters.

“Is that your signature on the Inter-Spousal Agreement?”

“Yes,” answered Jenny cautiously.

“Were the contents of this document fully explained to you?”

Jenny hesitated to answer. Mr. Hamilton Sr. had explained it to her and so did the lawyer the next day at James’ office. She clearly knew by signing the agreement she would relinquish all rights to the company’s assets.

“Yes, it was explained, but surely I am entitled to James’ share or his personal savings, am I not?”

“Well, let’s take one thing at a time. First, it is clear that you agreed to give up your rights to the corporation’s financial assets and holdings. Now, since the estate, which includes the house you live in, the cars you and Mr. Hamilton drive and all furnishings, belong to the company, it is also evident that you have no ownership or rights to these assets, either. Do you understand that, Mrs. Hamilton?”

“Ye-yes.”

“Now, in regards to Mr. Hamilton’s savings and assets, it is much like yours. The small amount he drew as wages, he gave to you to run the household over the years, as a good provider should. There is a substantial trust established for your son, James Junior, but it does not include you nor do you have access to it. The condo Mr. Hamilton lives in is also owned by the corporation and most expenses are paid by the corporation, as well.”

“But, James told me after I signed the agreement that he would make certain I was well looked after. Does this mean that after all these years I am entitled to nothing?”

Mr. Roberts gazed at Jenny for a long moment. He was almost hesitant to say what he had to. His employer had made certain through trusts and legal manipulations that Jenny would be entitled to nothing.

“I’m afraid that’s the case, Mrs. Hamilton. We want to make certain you and your counsel fully understand our position in this regard.”

The lawyer stopped for a brief moment, allowing Jenny to acknowledge what he said and then he added, “Mr. Hamilton however, has always been an excellent and faithful provider. When we submit our offer of settlement to the court, I’m sure you will be well-provided for.”

When the settlement was given to Jenny’s lawyer, however, James’ penny-pinching frugality and lack of consideration for her future was very evident. James’ corporation was worth billions. Since diversifying into computer technology and several oil company holdings in Australia and the Middle East, the company’s fortunes had skyrocketed. In spite of the wealth James had access to he was prepared to offer a divorce settlement of $250,000. His legal staff was quick to point out that this was a very generous offer since Mr. Hamilton wasn’t obligated to give her any more than what he had in his name.

Neither Jenny nor her lawyer could believe how hard-nosed and uncaring James was for Jenny and her future. James’ vindictive spirit coupled with his possessiveness for his money was now clearly manifested in the meagre settlement.

The court proceedings finished earlier than expected. Jenny didn’t have any witnesses, damaging or supporting evidence to submit to the court other then her own testimony. She could have asked or subpoenaed Matilda to take the stand and perhaps even Charles or Thomas. They knew the real story in the household and the abuse James had subjected her to. But Jenny would never subject Matilda to this and James knew full well that Jenny wouldn’t. And calling Charles to testify now that he looked after the condo would certainly mean termination of his employment, and Jenny couldn’t in good conscience do that or even contemplate to use others in such a manner.

Mr. Neels also tried to convince Jenny to ask John, the bookstore proprietor to testify that their involvement had been nothing more than a friendship, but she didn’t want to involve Patrick or his wife in her divorce proceedings, either. In the end, true to her nature, Jenny accepted full responsibility for her decision to marry James. She could have left years ago, but instead chose to stay for the welfare of her son and to be with him.

Judge Gerian broke into Jenny’s train of thought.

“If there are no further witnesses or considerations before the court, there is still time this afternoon for closing arguments. Are you prepared to present your summation… Mr. Roberts? Mr. Neels?”

Since both lawyers agreed, James’ attorney went first. Jenny could have easily predicted what they would say. Mr. Roberts gushed about James’ generosity and how well he provided for Mrs. Hamilton. Since he spent very little time at the estate, he could have down-sized their home and moved Mrs. Hamilton into an apartment or condo. He chose, however, to leave Mrs. Hamilton in a very comfortable estate, well looked after by a large staff. His company also paid for all the antique furniture his wife wanted even though the home had brand new contemporary furniture. Each year, Mrs. Hamilton was provided with a new car.

Mr. Roberts asserted that very obviously Mr. Hamilton had exceeded his responsibility to his wife. And perhaps more importantly, it was Mr. Hamilton who brought up their son and looked after him in every way. His son on the witness stand confirmed his father’s devotion to him and further attested to his father’s commitment and faithfulness in the marriage. It was his mother who broke the vows and was the cause of the marriage breakdown by seeing another man.

At the end of the day, the lawyer argued, even if Mr. Hamilton had participated in the demise of the marriage by his absence, Mrs. Hamilton by law, had no rights whatsoever to any of the assets. Everything, absolutely everything, was owned by the corporation and the Spousal Agreement which Mrs. Hamilton had signed prior to the marriage, completely relinquished any rights she had to the firm’s assets or James’ shares in the company.

Jenny could no longer listen. As had happened to her that morning, the words in the courtroom faded into the background. She visualized herself living in a small apartment, all alone. She would miss the landscaping staff, the grounds, the wildflower garden and her gazebo. And, what about the Angel of Thanksgiving? It was hers, right? Or, did it belong to the corporation, too? Even though it had been a gift from the staff, she had no doubt that James would find a way to keep that as well. Anyway, what would she do with it? It would be too large to move to an apartment. And the antique furni—

“Thank you, Mr. Roberts. Mr. Neels, you may proceed.”

Jenny sat up trying to refocus on the proceedings. She wondered what her lawyer could possibly say to sway the judge in her favour. She had severely handicapped her case by instructing her lawyer not to bring up the matter of her rape or her daughter and James’ neurotic reaction to it. James would simply deny the rape as further evidence of her promiscuity, which would only support what her son saw and testified against. Why bring up all these issues when at the end of the day it probably wouldn’t make any difference in securing further compensation?

She and her counsel knew their hands were tied and at the mercy of James’ lack of generosity and his willingness to give whatsoever he desired. James had the law behind him and all Mr. Neels could do was to present a case that might indirectly move James’ cold, hard heart to be more equitable in his holdings.

“Thank you, Your Honour.” Mr. Neels rose from his desk and stepped towards the bench. “In 1966, Marjorie and James were united in matrimony. They both had just finished university and were eager to begin their life careers and marriage. They both had very little personal wealth except for what their parents had.

“Normally, during a lifetime together, in this case 22 years, a professional couple such as this would have accrued a sizeable estate. A home, automobiles, investments and a savings account would be more than reasonable to expect. Unfortunately, this case is not normal. Prior to this marriage, my client was asked to sign a spousal agreement relinquishing her rights to Mr. Hamilton’s family business and assets.

“We concede this is not out of the ordinary, but what isn’t common is for the husband, in this case Mr. James Hamilton, to keep everything within the company and virtually nothing as personal wealth. And, through trusts, legal manoeuvring and salary control, Mr. Hamilton kept his personal wealth, to which his wife would have had access, to virtually nothing.

“It is true that my client’s sense of business and unquestioning nature didn’t cause her to look ahead and think more of her future should problems arise. Rather she went on year after year trusting in her husband and in his sense of fairness to do the right thing. She only knew that in most marriages everything is shared, and never once conceived that it would all come down to this – legal papers, agreements and lawyers deciding the fate of her entitlements.”

Mr. Neels walked back to the desk, his shoes tapping on the wood floor, and picked up two sets of papers.

“When we look at Mrs. Hamilton’s savings account and the RRSP’s she has invested in, it comes to a total of $87,000. She could have saved more if she hadn’t contributed much of her salary to the running of the household and buying groceries. It is inconceivable that a man owning a company that is making millions of dollars a week did not provide his wife with sufficient funds to run the household. That she had to use her librarian’s salary to subsidize the estate is astounding!

“The settlement offer of $250,000 will not even buy a small home in a respectable area of the city or a condo downtown. If Mr. Hamilton were not a man of means this offer might seem reasonable. But last year…” Mr. Neels put down the papers and picked up a glossy annual report and waved it in the air, “…according to page 18 of the company’s annual prospectus, it is mind staggering to note the company’s worth was $28.2 billion. Yes, $28.2 billion.

“Who would think that a man of such wealth and means would consider such a meagre payment to his wife after 21 years? After giving birth to his son, putting up with an estranged relationship, giving up the prime years of her life in faithful service, this is her reward? How fair and considerate is this? She is now forced to give up a home and style of life that had at least given her some solace in this highly unusual relationship, to live in a small apartment and make ends meet with the small pension she receives from the Teachers’ Superannuation Fund.

“In 1966, when Marjorie and James were married, Mr. Hamilton made a commitment to honour, love and look after his spouse. I ask this court, has James Hamilton lived up to his commitment and responsibility? At this crucial point in Mrs. Hamilton’s life, where is she at? She has no home, no car, little savings, a small pension that she paid into. She is no longer a young woman that can start over. Does the settlement offered show any consideration for Mrs. Hamilton’s future and welfare?”

Mr. Neels stopped for a long moment shaking his head from side to side. “The answer is clear. Mrs. Hamilton was only important to Mr. Hamilton insofar as providing an heir for his company. The claim that Mrs. Hamilton inappropriately kissed another man, when she only received a kiss on the cheek from a married friend she had known for years was completely blown out of proportion and used as fodder for Mr. Hamilton to divorce his wife.”

Mr. Neels walked right up to the bench and looked directly at Judge Gerian, “I ask this court to find that Mr. Hamilton honour the settlement we have asked for of $5 million dollars. In a matter of minutes, Mr. Hamilton could easily write a cheque for that amount and give his wife just a small portion of her due and fair share.

“$5 million would help Mrs. Hamilton adjust to her new life, help her accrue what she lost over the years and, at the very least, help to compensate her monetarily. Most of the board members of Mr. Hamilton’s company make two to three times that amount in any given year. Two made over $20 million last year. Some have only sat on the board for two years and what have they done in comparison to Mrs. Hamilton’s 20 years?”

Mr. Neels turned and gazed at Mr. Hamilton. “What has happened to Mrs. Hamilton is shameful. It cannot be stressed enough what has occurred here. Mr. Hamilton has seriously taken advantage of his wife’s naïve business sense and her trusting attitude.

“Her mind does not entertain suspicion, especially of a husband. She was completely unaware and unwary of Mr. Hamilton’s financial and business affairs and his intentions. She had no idea that he never had any intention of being fair and equitable with his money. We sincerely hope Mr. Hamilton will honour his responsibility to the mother of his son and look after her accordingly.”

He turned back to the judge. “Your honour, we ask for your understanding and consideration of the abnormality of this marriage relationship and the arrangement of the finances and assets and do all within your power to right such a serious wrong.”

Having heard both sides, Judge Gerian simply looked at both parties. His face showed no expression of siding with either.

“I will deliberate on the submissions and what I have heard and witnessed in this courtroom. We will reconvene Thursday morning at ten o’clock. At such time I will render my decision.” With that, he rapped the gavel on the rubber-padded board.

“Court is adjourned.”