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Authors: Winston Graham

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‘She didn't treat the matter lightly?'

‘No, certainly not.'

‘Not as a joke?'

‘No. It was not a matter for laughter.'

‘You are a great friend of this Mrs Armitage?'

‘I know her fairly well.'

‘Moves in your circle, I suppose?'

‘Yes.'

‘Did you know that she had been divorced twice before marrying her present husband and had also been cited in another case?'

‘I knew she had been divorced.'

‘Hardly the sort of person to take much notice of a thing like this, was she? I mean, except as a source of amusement.'

‘It was not her reputation which was affected; it was mine.'

‘She was shocked and upset on your behalf?'

‘Not shocked. She was concerned.'

‘But you were shocked when you heard?'

‘I was concerned and upset.'

‘You were thinking of your reputation?'

‘Naturally.'

‘In other words, what your friends and acquaintances would think of you?'

‘In a way. That's what a reputation is, isn't it?'

‘Exactly. One is held in repute or otherwise by one's friends. Now, Mrs Marnsett, it is true to say, is it not, that you move in London society?'

‘A part of it.'

‘Can you tell us what part of it?'

‘I don't know what you mean.'

‘Well, would it be true to say that you move in what is generally known as ‘‘ the smart set''?'

‘It depends what you mean by that.'

‘I mean the younger set, the artistic set, that section of society which particularly prides itself upon being go-ahead, sophisticated, bright and witty, modern in its ideas?'

‘Perhaps. There are various such circles.'

‘And you belong to one of them?'

‘Yes.'

‘Are you, in fact, one of its acknowledged leaders?'

‘I suppose I am.'

‘You suppose you are. You mix with the modern sophisticates who pride themselves on their advanced ideas?'

Diana's big dark eyes showed a spark of anger.

‘There's no virtue in being old-fashioned these days.'

‘
Thank
you, Mrs Marnsett. I could not have summed up the position half so well myself. There is no virtue in being old-fashioned these days. Might it even be true to say that in your opinion, taking a broad, abstract view of the matter, there is no virtue in virtue these days?'

‘No, certainly not.'

Diana had moved back a little from the edge of the box. She knew she had been induced to make a false move, and seemed to be seeking a better defensive position.

‘My Lord', said Sir Philip Bagshawe, rising, ‘ may I inquire if my learned friend is attempting to justify without having put in a plea of justification?'

Mr Hart looked at his opponent. ‘My Lord', he said, as if the port had been served slightly corked, ‘ I have been careful, and shall continue to be careful, not to question the witness about her own moral character, which, as Sir Philip is aware, the defence is not attempting to assail. But I submit that it is vitally important to obtain a full view of the witness's mental attitude and the attitude of those with whom she associates.'

His Lordship gazed over their heads for a moment.

‘I think, in so far as that is your aim, Mr Hart', it may be considered a legitimate one where a question of damages is likely to arise. You will, however, appreciate that in putting such questions dealing with the moral outlook of the plaintiff you are treading on the borderline of justification.'

‘I fully appreciate that, my Lord, and I shall be happy at any time to accept your Lordship's correction – should you deem that necessary. I would, however, remind Sir Philip that I cannot be responsible for the admissibility of the witness's own answers.'

‘That's a nasty one', Kidstone muttered.

‘Perhaps it would be better if you stated your question again, Mr Hart.'

‘With your Lordship's permission I will frame it somewhat differently. Mrs Marnsett, are you a close friend of Gabriel Stentworth?'

‘I know him quite well.'

‘Would you call him a member of your circle?'

I saw Diana's eyes flicker momentarily in the direction of the public gallery, as if to ascertain which of her friends were sitting there.

‘Yes, probably.'

‘Are you a close friend of Noel Coward?'

‘I would like to think so.'

‘Is it also true that before Michael Arlen published
The Green Hat
and became famous – one might say scandalously famous – you helped him with money and hospitality and encouragement?'

‘Yes, that is so.'

‘And Ashley Prieff, whose views on the unnecessary shackles of marriage frequently appear in the popular Press?'

‘I don't subscribe to all the views of all the people I associate with.'

‘But you admit some of them are extreme?'

‘Extreme by some standards. The leaders of modern thought are often ahead of their time.'

‘You consider these gentlemen the leaders of modern
thought
?'

‘Opinion, then.'

‘In your view, Mrs Marnsett, would you say that the general trend of the fashionable set with whom you mix is to treat fidelity to one's husband as rather a bore, a subject for humorous comment, to consider virtue and moral standards as fusty and out-of-date conventions to be set aside with the crinoline and the straw boater?'

‘I've told you I don't agree with all the views of all the people I mix with.'

‘But aren't you asking the court to believe that it is these people who are so concerned for the moral character of a friend?'

Diana passed the tip of her tongue along her upper lip but did not reply.

‘Tell us plainly, Mrs Marnsett, do you ask us to believe that the people who move in your circle would really be upset or concerned or disturbed, or be anything but amused at the very vague imputation contained in the hanging of this portrait?'

‘All my friends are not of that sort.'

‘So we are being asked to consider some other friends now. It is some small minority, outside the circle of which you are an acknowledged leader, whose opinion matters now?'

‘Everybody's opinion matters.'

‘Name some of these people, Mrs Marnsett, people outside the smart set whose opinion really matters to you … Take your time; don't let me hurry you.'

‘There's my husband.'

‘And is he the only one you can think of?'

‘There are his friends.'

‘Does he not belong to this smart set?'

‘No.'

‘Does he approve of your mixing with these advanced sophisticates?'

The judge put down his pen. ‘I don't think, Mr Hart, that we can necessarily assume a wife knows all that a husband thinks. Even though many of them believe they do.'

There was a ripple of amusement across the court.

Mr Hart bowed. ‘As you say, my Lord. In this case I should have been particularly careful to avoid such an assumption … Mrs Marnsett, has your husband ever given you reason to believe that he approves of your mixing with these advanced sophisticates?'

‘I don't agree with that description of them.'

‘Answer my question, please.'

‘He certainly does not disapprove.'

‘He has given you no reason to believe that he disapproves. Would you say that he tacitly approves?'

‘Yes, certainly.'

‘Would you not agree, then, that a husband, by approving his wife's mixing with a certain set of people, tacitly condones their sense of values?'

The judge moved again.

‘Mr Hart, as I said before, we can't expect Mrs Marnsett to give us her husband's views on the matter. If necessary you may call Colonel Marnsett as your witness.'

‘No, my Lord, I was putting a general case. If, for instance, I had a daughter or a wife who, with my approval, mixed with a certain set of people, I should expect my approval to be taken as some condonation of their sense of values.'

‘So what exactly are you suggesting?'

‘I am suggesting that Mrs Marnsett moves in a section of society which would consider the imputation so vague and so trivial by modern standards as to be worth no more than a passing joke.'

His Lordship looked at the tall woman in the box. ‘You have heard what counsel says. What is your answer to that?'

‘It isn't true, my Lord.'

‘She says it isn't true. Now where does her husband come into the question?'

‘I am suggesting, my Lord, that this small section of her friends, whose opinions Mrs Marnsett says is of so much more importance to her, doesn't in fact exist outside her imagination, and that her husband, who is the only one she can mention by name, has no such different standard of values from herself and those she mixes with.'

‘What is your answer to that, Mrs Marnsett, so far as the question concerns yourself?'

‘It isn't true, my Lord.'

Mr Justice Freyte stared reflectively at Sir Philip Bagshawe.

‘Is it your intention to call Colonel Marnsett, Sir Philip?'

‘—er – no, my Lord.'

‘Very well. Go on, Mr Hart.'

Mr Hart resumed.

‘Let me put a simple question to you, Mrs Marnsett. In your experience, which would you consider of the greater importance in society today: a beautiful face or a beautiful character?'

I could see that Diana was really angry now.

‘It depends', she said, ‘what you mean by a beautiful character.'

‘Oh, precisely. I mean a moral character with old-fashioned views on respectability.'

There was no response. Diana looked at the judge.

‘Must I answer that, my Lord?'

‘Not if you don't wish to.'

‘I shall be happy to be more explicit', said Mr Hart. ‘Moving in society as you do, madam, would you consider it a greater insult for, say, a painter to portray one of your women friends as unprepossessing and ugly, or for him, say, to boast of having made her his mistress?'

‘It depends on the painter', said Diana from between tight lips. The last word was almost inaudible.

The judge turned his head.

‘What did you say?'

Anger had forced out the response before Diana could stop it. She put up a hand to her head as if fatigued.

‘I beg your pardon. What I meant was, it would depend on the people concerned whether – which would be considered the greater insult. How can I answer for other people?'

The judge continued to look at her for some moments. ‘What counsel is suggesting, you know, is that you yourself would feel more resentment at some insult to your beauty than at some slur laid upon your moral character.'

‘It isn't true.'

His Lordship nodded to Mr Hart.

‘Furthermore', said Mr Hart, ‘I suggest that you have in fact brought this action, not because of some fancied smirch attaching to your picture being hung among those of famous courtesans but out of outraged vanity and pique because the painting itself offends your
amour propre
.'

‘No!'

‘That in fact, if the painting had been exhibited at the Royal Academy as originally intended, your feelings in this matter would be precisely, entirely and exactly the same.'

‘That isn't so.'

The
frou-frou
of the old gown and the creak of the bench informed me that Mr Hart had sat down.

IV

There was a murmur and a stirring about the court. Paul's face was expressionless.

Diana had moved as if about to leave the box, but paused as her counsel rose.

‘I take it, Mrs Marnsett', he said, ‘ that you have a very wide circle of friends?'

‘Yes.'

‘Spread, generally speaking, over a considerable section of society?'

‘Yes.'

‘You have relatives as well as a husband?'

‘Yes, quite a lot.'

‘Is it likely that you number among your acquaintances not only those who, say, take a broad view of moral obligations, but also those who in both precept and practice adhere without question to the ordinary standards of moral behaviour?'

‘Of course. A great many do.'

‘Is it their opinion and that of your husband which you value most highly?'

‘Yes.'

‘Now is it true, Mrs Marnsett, that your relationship with your husband is one of mutual esteem?'

‘Yes.'

‘I take it he does not himself mix in any society to the extent you do, but that he raises no objection to your friendship with modern, artistic and intelligent people?'

‘None whatever.'

‘Have you ever given him cause to feel that mixing with the advanced intelligences you do has tended to result in the adoption by you of a lax moral attitude?'

Diana's eyelids flickered.

‘Never', she said.

‘Thank you. That is all.'

Chapter Twelve

Over lunch Kidstone explained that before the case opened the jury had been shown photographs of the wall at the Ludwig Galleries with the pictures as they had been hung, and also an arrangement as far as was possible in an ante-room of the court of the actual pictures that had been exhibited. Unfortunately, Kidstone added, there had been a notice outside the galleries which said: ‘Exhibition of the paintings of Paul Stafford. Modern portraits and watercolour sketches. Also, Room 1, the complete series of his ‘‘ Portraits of Famous Courtesans''.' The picture of Mrs Marnsett had not of course been mentioned in the catalogue.

Paul said: ‘I suppose Hart's opening this afternoon. When am I likely to be called?'

‘Late today or first thing tomorrow. It's not a bad idea, in fact, to span two days if one can – makes it less tiring.'

‘The sooner the better from my point of view. The quicker it's over the quicker we can pay up and move on.'

BOOK: The Merciless Ladies
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