a factor we have not considered, perhaps something outside our knowledge entirety. From what you have told me so far, it seems this may be the case here. Proceed with logic, eliminate what is impossible, and then examine what is left, no matter how ugly it may be. I have a feeling, Oliver, that this case may stretch your compassion to its limits and require more of you than you had thought to give. I am sorry. I appreciate that this is not easy for you, especially considering Hester's involvement in it."
"Her involvement makes no difference!" As soon as the words were on his lips he knew that they were untrue, and quite certainly that Henry knew it also, but it was difficult to withdraw them.
Henry shook his head so minutely it was barely a movement at all.
"It makes no difference to the issues," Oliver amended. What he really meant - the aloneness, the knowledge of having held something precious and having let it slip through his fingers because he would not commit his passions fully enough, the regret - was all there between them, unsaid. Henry knew him well enough that truth was not necessary and lies were not only impossible but damaging. Henry understood as well as he did that Hester made all the difference in the world to the way he felt about it, to know he would continue to fight regardless of what he himself might lose in reputation, self-esteem or money.
Henry was smiling. Oliver knew in that moment that he approved. Much as he revered the law himself, and understood the dedication of a man to his chosen field, to his principles that superseded any individual, he also understood that to do all these things without caring was a kind of death to the heart. He would rather Oliver fought because he cared, and lost, than won with all the rewards but without belief.
They sat in silence for another half hour or so, then Oliver rose and took his leave. Henry strolled with him down the lawn in the darkness, heavy with the scent of wet grass, to look at the moonlight reflected on the leaves in the orchard, then walked back up again towards the road.
It did not need to be said that tomorrow Oliver must begin to prepare a sensible case to defend his clients and to look for whatever alternative was so hideous Miriam Gardiner would rather hang than have it revealed.
And if Oliver found it, where did his loyalty lie then? To Miriam or to the truth?
But after they had parted and Oliver walked towards the main thoroughfare he felt a strength restored inside him, a balance returned. He had faced certain lies and no longer allowed them to govern him.
.five weeks later, Cleo Anderson and Miriam Gardiner sat in the dock accused of conspiracy and murder. The courtroom was packed to suffocation, people sitting so close to one another that when they moved in discomfort the sound of fabrics rubbing together was audible. The shuffling and squeaking of boots were broken by a cough and the occasional murmur.
When the business of calling to order, reading the charge and pleadings had been accomplished, Robert Tobias opened for the prosecution. He was a man Rathbone had faced several times before and to whom he had lost as often as he had won. Tobias was of a fraction less than average height, slender in his youth, and now, at sixty, still supple and straight-backed. He had never been handsome, strictly speaking, but his intelligence and the power and beauty of his voice made him remarkable - and both intimidating and attractive. More than one society lady had begun by flirting with him for her own entertainment and ended by caring for him more than she wished to, eventually being hurt. He was a widower who intended to retain his freedom to do as he chose.
He smiled at Rathbone and called his first witness, Sergeant Michael Robb.
Rathbone watched as Robb climbed the short staircase to the witness stand and faced the court. He looked unhappy and extraordinarily young. He must have been in his mid-twenties, but he had the scrubbed and brushed look of a child sent off to Sunday school and who would far rather be almost anywhere else.
Tobias sauntered out into the middle of the open space of the floor with the jury on one side, the witness ahead of him, and the judge to his right, high up against the wall