Chapter Twelve

Conference with Mr Merivale

 

The next day Mr Merivale himself made an appointment to see Roger.

‘Good morning, young man,’ he said after they had been introduced. ‘I’m very grateful to you for all the work you’ve put into this rather troublesome little case of Newent.’

‘Oh, thank you, Mr Merivale. I haven’t done much good at present, I’m afraid.’

‘Well,’ said Mr Merivale, ‘he’s a difficult judge, she’s a difficult client and it’s not as simple a matter as I once thought. That’s my fault, not yours. Quite frankly, young man, I think it was unfair of me to ask you to take the responsibility.’

‘Oh, not at all. It was very good of you to send me the brief. I’m sorry I haven’t done better with it. I imagine you’d like to give it to someone else now.’

‘By no means,’ said Mr Merivale, ‘by no manner of means at all. I cannot think what could have put such an idea into your head.’ He hesitated a moment and then said: ‘You didn’t see my clerk after the first hearing, I suppose?’

‘No, I’m afraid I left in rather a hurry. Mrs Newent was rather offensive to me.’

‘Well, that’s all right then – I mean, I suppose she was a bit excited, but she shouldn’t have been rude. But that’s quite all right now. She quite understands the position and of course she wants you to go on with the case, of course she does. Be a fool if she didn’t. I hear from my clerk that you put up a very stout performance – “for the ashes of your fathers and the temples of your gods.”’

‘I beg your pardon?’ said Roger.

‘Horatius, my boy. “And how can man die better than facing fearful odds – for the ashes of his fathers, etc, etc.” Not that I’m suggesting you died, my boy. Far from it. Put up an excellent performance, excellent. Wish I’d been there to see it myself. I’ll come next time, though, I really will.’

‘I’m glad Mr Smith was pleased,’ said Roger.

‘Mr Smith was very pleased indeed,’ said Mr Merivale. ‘And I may tell you, young man, that Mr Smith is not a man who is easily pleased. Far, from it. Far from it. Particularly where counsel are concerned. No, I had a long talk with Mr Smith about you and I hope that in consequence we’re going to see a lot more of you, my boy. We need young men like you these days. Fighters, that’s what we want. Like your Mr Grimes, for instance. There are not many of them today. And there’s a fighter for you. Never knows when he’s beaten. D’you know, I’ve seen that man stand up in the Court of Appeal with the whole Court against him – all three of them – and battle with them for days. Another man would have sat down the first day.’

‘And did he win, Mr Merivale?’

‘No, my boy, I can’t say that he won that particular case. But he went on three days and no one could have done more. Birkenhead himself couldn’t have won it. Yes, that’s the man for my money – my client’s money, that is – a man who’ll stand up to it, a man who’s not frightened to tell the whole Court they’re wrong – courteously, of course. But firmly and definitely and again and again, if necessary, until they almost have to throw him out by force. If a man’s a fighter, I’ll back him to the end. But they’re very difficult to find today. Look at Marshall Hall, now, my boy. There was a fighter for you. Hardly knew a scrap of law, but it didn’t matter. He’d thunder at the jury until they daren’t convict his client. He’d never give up until the verdict had been returned. And, as often as not, it was in his client’s favour. Of course, he couldn’t win all his cases – no one could. Don’t forget that, my boy, when you lose some. But fight, my boy, fight all the time. You don’t mind an old man giving you a bit of advice, my boy?’

‘I’m most grateful. I think it’s very kind of you to take the trouble.’

‘Now look,’ went on Mr Merivale. ‘This case of Newent. Between you and me, it’s a tough ’un. It was bad of me not to realize it before. But we all make mistakes. That’s how we learn. Now, I want you to do me a favour, my boy, a personal favour.’

‘Why, certainly, Mr Merivale, of course I will.’

‘It’s just this. Newent’s a case where in my considered opinion – my considered opinion, and of course I’ve been at it now for a good many years – Newent’s a case where I think two heads will be better than one. I remember the late Lord Atkin saying that to me in his junior days – we used to brief him, you know – yes, and Mr Scrutton, as he then was – oh, yes, and others too. I flatter myself I’ve always known how to choose counsel – that’s why I was so pleased to hear of you, my boy. I remember Atkin saying: “Merivale,” he said, “two of these,” and he tapped his head, “are better than one.”

‘“Mr Atkin,” I said, “there aren’t two like yours in the world.”

‘“Well, then,” he said, “get a leader with one as like it as you can find.” He was a great man, a very great man, but d’you see, he decided in that particular case that two heads were better than one. You’d never have thought it possible that a man with his brain could want help from anyone, but, “this is a case for a leader, Mr Merivale,” he said, and so a leader we had. And I’m going to make so bold in this case, young man, although I haven’t the head of an Atkin – but just a few more years of experience than you perhaps, eh? I’m going to make so bold as to suggest that we have a leader in this case. Now, sir,’ he added, ‘now, sir, would you have any serious objections to our taking that course? If you have, say so, and it shan’t be done. Mr Smith and I have absolute confidence in you, sir, absolute confidence. Those in fact were Mr Smith’s very words. “Would you trust him again in Court, Mr Smith?” I asked. “I would,” said Mr Smith, and he added – and mark this – “with something very heavy indeed.” One doesn’t often get remarks like that out of Mr Smith, I can tell you. And I don’t mind adding, I was pleased, my boy, because I hadn’t heard you myself. Now, what d’you say, my boy – you’ve only to say the word and we’ll drop the idea altogether – but would you take a very old man’s advice and – just as a favour to him – we get conceited, we old men, you know, and we like to think we’re always right – would you, just to tickle my vanity – would you agree to our taking in a leader?’

‘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.