Dinny’s gaze by now had left the Judge’s face and was fixed upon the jury. And, while she searched the lack of expression on those twelve faces, a ‘cardinal factor’ was uppermost in her mind: It was easier to disbelieve than to believe. Remove whatever tempering influence there might be from a witness’s voice and face, and would not the spicier version of events prevail? The word ‘damages’ took her eyes back to the Judge’s face.
‘Because,’ he was saying, ‘if you should come to a decision in favour of the petitioner, the question of the damages he claims will arise. And in regard to that I must draw your attention to one or two salient considerations. It cannot be said that claims for damages in divorce suits are common in these days, or indeed looked on with any great favour in this Court. It has become disagreeable to think of women in terms of money. Not much more than a hundred years ago it was actually not unknown – though illegal even then – for a man to offer his wife for sale. Such days – thank God! – are long past. Though damages can still be asked for in this Court, they must not be what is called “vindictive,” and they must bear reasonable relation to the co-respondent’s means. In this case the petitioner has stated that if any damages are awarded him, they will be settled on the respondent. That is, one may say, the usual practice nowadays where damages are claimed. In regard to the co-respondent’s means, if it should become necessary for you to consider the question of damages, I would remind you that his counsel stated that he has no private means, and offered to provide evidence of the fact. One has never known counsel to make a statement of that sort without being sure of his ground, and I think you may take the co-respondent’s word for it that his only means of subsistence are derived from his – er – “job,” which appears to carry a salary of four hundred pounds a year. Those, then, are the considerations which should guide you if you should have to consider the amount, if any, of damages to be awarded. Now, members of the jury, I send you to your task. The issues are grave for the future of these people, and I am sure that I can trust you to give them your best attention. You may retire if you wish to do so.’
Dinny was startled by the way he withdrew almost at once into contemplation of a document which he raised from the desk in front
‘He really is an old ducky,’ she thought, and her gaze went back to the jury rising from their seats. Now that the ordeals of her sister and Tony Croom were over, she felt very little interest Even the Court today was but sparsely filled.
‘They only came to enjoy the suffering,’ was her bitter thought.
A voice said:
‘Clare is still in the Admiralty Court when you want her.’ Dornford, in wig and gown, was sitting down beside her. ‘How did the Judge sum up?’
‘Very fairly.’
‘He is fair.’
‘But barristers, I think, might wear: “Fairness is a virtue, a little more won’t hurt you,” nicely printed on their collars.’
‘You might as well print it round the necks of hounds on a scent. Still, even this Court isn’t as bad in that way as it used to be.’
‘I’m so glad.’
He sat quite still, looking at her. And she thought:
‘His wig suits the colour of his face.’
Her father leaned across her.
‘How long do they give you to pay costs in, Dornford?’
‘A fortnight is the usual order, but you can get it extended.’
‘It’s a foregone conclusion,’ said the General glumly. ‘Well, she’ll be free of him.’
‘Where is Tony Croom?’ asked Dinny.
‘I saw him as I came in. At the corridor window – quite, close. You can’t miss him. Shall I go and tell him to wait?’
‘If you would.’
‘Then will you all come to my chambers when it’s over?’ Receiving their nods, he went out and did not come back.
Dinny and her father sat on. An usher brought the Judge a written communication; he wrote upon it, and the usher took it back to the jury. Almost immediately they came in.
The broad and pleasant face of her who looked like a housekeeper had a mortified expression as if she had been overridden; and, instantly, Dinny knew what was coming.
‘Members of the jury, are you agreed on your verdict?’
The foreman rose.
‘We are.’
‘Do you find the respondent guilty of adultery with the co-respondent?’
‘Yes.’
‘Do you find the co-respondent guilty of adultery with the respondent?’
‘Isn’t that the same?’ thought Dinny.
‘Yes.’