For the first time Hester actually entertained the thought, for an instant, that Rathbone could be right. Yes, Phillips was an evil man, one who preyed on the weaknesses and appetites of others, but he might not be guilty of torture or murder as Durban had believed, or as Monk had accepted from him. She pushed the thought away, refusing to entertain it. It was ugly, and it was disloyal.
Rathbone resumed the presentation of the defense. He called a lighterman who had known Durban well and admired him. He asked questions gently, drawing out pieces of information as if he were aware that the process would sooner or later become painful. He was right. At the start it was easy: merely a pattern of dates and questions asked and answered. Durban had asked the lighterman about comings and goings on the water, mostly of Jericho Phillips and his boat, occasionally of other men who patronized whatever its facilities were. They professed that it offered ale and entertainment, a simple matter of an evening on the river with refreshment and a little music, performed to the taste of whatever audience presented itself.
Lord Justice Sullivan leaned forward, listening intently, his face grave.
Did the lighterman, Hurst, know for certain what that entertainment was? Rathbone continued. No, he had no personal knowledge at all. Durban had asked him that, many times. The answer was always the same. He did not know, or wish to. As far as he was aware, the boys could have been there to serve ale, wait on tables, clear up, anything at all.
It seemed very routine, even tedious, until Hester saw something alter in Rathbone's stance, and a new, suppressed energy enter him. Was Durban 's interest in Phillips consistent from the time it began?
Hurst looked puzzled, as if he remembered something odd. No, it wasn't. For several months Durban had shown no interest at all, as if he had forgotten about him. Then equally without explanation, his interest had resumed again, even more fiercely than before. His pursuit had become almost savage, exceeding his duty. He had been seen on the river in all weather, even in the small hours of the night when all sane men were in their beds.
Could Hurst explain any of this? In fact, had Durban offered any reason for his extraordinary obsession and the erratic manner of his occupation with it?
No. Hurst was disillusioned. He had no idea.
Tremayne must have known that in questioning him further he would gain nothing, and might even lose. He declined.
To end the day Rathbone added another member of the River Police who had been serving at the Wapping Station during Durban 's latter years. The man made it quite apparent that he was there against his will. His loyalty was to the police in general, and to his immediate colleagues in particular. He was openly hostile to Rathbone, and to anyone else who questioned Durban 's integrity, and by implication, that of all the police.
However, he was obliged to admit that he knew beyond any doubt at all that towards the end of his life Durban had spent the little spare time he had, and much of his own money, in his endless, fruitless pursuit of Jericho Phillips. In spite of his careful wording, or perhaps because of it, it made Durban sound obsessed to the point of madness. Suddenly Phillips, as unpleasant as he was, appeared to be the victim.
Hester saw several confused faces in the gallery around her, even glances towards the figure of Phillips as he was escorted from the dock back down to the cells for the night. Now they were curious, and not as certain of his guilt as they had been even a few hours ago.
She left the courtroom feeling betrayed. She moved through the open doors into the hallway beyond, not literally buffeted by the crowd, but it seemed as if they pressed in on her from all sides. They were puffed up with their own convictions, there to see and hear, unaffected by what anyone believed.
She cared passionately. She cared whether Durban was the hero Monk believed him to be, both because he was one of the few men Monk admired, and also because Monk himself had founded his career in the Thames Police on finishing his predecessor's last case. It was his gift of gratitude to a man he could thank in no other way.
She could see now that they had both allowed it to become too important. All the rage they felt towards everyone who had beaten, neglected, or abused a child had centered on Phillips. Perhaps that was unfair, and it was that thought reflected in other people's eyes that humiliated and confused her now.
She came face-to-face with Margaret Rathbone on the steps as she was leaving. She had turned for an instant, uncertainly, and Margaret was only a couple of paces behind her.
Margaret stopped, but she did not lower her eyes. There was an embarrassed silence. Hester had always been the leader. She was the one with the medical experience, the knowledge. She had been to the Crimea; Margaret had never been out of England, except for family holidays to France, carefully chaperoned. Hester had watched Margaret fall in love with Rathbone, and try so hard to win him. They had said little; neither was someone who discussed their deepest fears or dreams, but there had been a wealth of silent understanding between them.
They had nursed the sick and dying together, and faced the truth of violence and crime. Now for the first time they were on different sides, and there was nothing to say that would not make it worse. Rathbone had attacked Hester on the stand personally, and stripped the covering decencies from her beliefs by revealing those she had trusted. Above all, he had exposed Monk to disillusion, and to the appearance of having let down his colleagues who had followed him into the battle.
Margaret's loyalty was committed to Rathbone. She had no room to ask anything or to yield in her position. The lines were set.
Margaret hesitated, as if she would smile, say something, offer commiseration. Then she knew that everything could be misunderstood, and she changed her mind.
Hester made it easier for her by turning away again, and continuing down the steps.
Margaret would catch a cab. Hester took the public bus to the ferry across the river, then walked up to Paradise Place and let herself in through the front door. The house was warm in the summer sun, and quiet. They were close to Southwark Park, and the distant sound of laughter carried through the trees.
She spent a wretched evening alone. There had been a bad incident on the river, on Limehouse Reach, and by the time Monk came home he was too tired to talk about anything. She did not have the opportunity to discuss the day's events with him.
Rathbone also had an acutely uncomfortable evening, in spite of Margaret's unconditional praise of his skill, and surprisingly, of his morality.
“Of course it disturbs you,” she said to him gently after dinner. They were sitting opposite each other with the French windows open again onto the quiet garden with its birdsong and the slight rustling of leaves in the late sunset wind. “No one likes to show up the weakness of their friends, especially in public,” she continued. “But it was not your choice that they go after Jericho Phillips. It would be totally wrong for you to refuse to defend him, or anyone else, on the grounds that you have friends in the prosecution. If it were right, then anyone could refuse to defend any case they might lose, or that might challenge their opinions, or even their social standing. No man of honor does only what is comfortable to him.” Her eyes were bright, and there was warm color in her skin.
It gave Rathbone pleasure that she admired him so genuinely, but it was the guilty pleasure of stolen fruit, or at least of that obtained dishonestly. He struggled for words to explain it to her, but it was too complicated to frame, and he knew from her smile that she was not really listening. He ended up saying nothing, and was ashamed of himself.
Rathbone began the next day's proceedings with what he intended to be his coup de grace. He had no choice now but to go ahead with it. It was inconceivable that he would do less than his best, because even in the defense of a man like Jericho Phillips, that would be to betray every principle that he believed in. Above the political battles, the good or bad governments, the judiciary at its most brilliant, corrupt, or incompetent, the impartiality of the law-and its power to deal with all people without fear or favor-was the bedrock upon which every civilized nation depended.
When lawyers made judgments the jury of the common man was betrayed, and in the end would become extinct. The law itself would pass from the people to the few who held power. There would no longer be a check on their prejudices, or in time, on their ability to remain above the tides of corruption, bribery, the threat of loss, or the hope of gain.
He now found himself in a position in which he must call William Monk to the stand, and force him to testify against the man to whom he owed the best opportunity of his life.
They faced each other in a silent court. This might well prove to be the last day of a trial that had begun as a
