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Page 26
Page 26
'She was very tired,' said Siddons, 'and she took more time than usual to express herself. However, she made it clear that she wished a new will to be prepared expeditiously.'
'Expeditiously - your word or hers?' asked the judge.
'Hers, m'lud. She often chastised me for writing a paragraph when a sentence would have done.'
'So you prepared the new will expeditiously?'
'I most certainly did, as I was aware that time was against us.'
'Were you present when the will was witnessed?'
'Yes. It was witnessed by Mr Langbourne and the matron on the wing, a Miss Rumbold.'
'And it remains your submission that Lady Barrington knew exactly what she was signing?'
'Most certainly,' said Siddons firmly. 'Otherwise I would not have been willing to go ahead with the procedure.'
'Quite so. No more questions, m'lud,' said Mr Todd.
'Your witness, Sir Cuthbert.'
'Thank you, m'lud. Mr Siddons, you told the court that you were under considerable pressure to get the new will completed and signed, and for that reason you prepared it expeditiously, to use your own word.'
'Yes. I had been warned by Mr Langbourne that Lady Barrington didn't have long to live.'
'So, understandably, you did everything in your power to speed things up.'
'I didn't have much choice.'
'I don't doubt it, Mr Siddons. Can I ask how long it took you to execute the earlier will, the one that my client contends is Lady Barrington's authentic testament?'
Siddons hesitated for a moment before saying, 'Three, possibly four months.'
'With regular consultations with Lady Barrington, no doubt?'
'Yes, she was a stickler for detail.'
'I'm sure she was. But she wasn't given much time to consider the details of her later will. Five days to be precise.'
'Yes, but don't forget - '
'And on the final day, she only just managed to sign the will in the nick of time. Isn't that correct?'
'Yes, I suppose you could put it that way.'
Sir Cuthbert turned to the clerk of the court. 'Would you be kind enough to pass Mr Siddons Lady Barrington's two wills?'
Sir Cuthbert waited until the two documents had been handed to the witness, before he continued his cross-examination.
'Would you agree with me, Mr Siddons, that the signature on the earlier will is much bolder and more assured than that on the "nick of time" will? In fact, it's hard to believe they were signed by the same person.'
'Sir Cuthbert, are you suggesting that Lady Barrington didn't sign the second will?' asked the judge.
'Certainly not, m'lud, but I am suggesting she had no idea what she was signing.'
'Mr Siddons,' Sir Cuthbert continued, turning back to the solicitor, who was now gripping the edge of the witness box with both hands, 'once you'd completed the new rushed will, did you take your client through it clause by clause?'
'No, I didn't. After all, there was only one major change from the earlier will.'
'If you didn't take Lady Barrington through the document clause by clause, Mr Siddons, we only have your word for that.'
'M'lud, that is an outrageous suggestion,' said Mr Todd, leaping to his feet. 'Mr Siddons has had a long and distinguished career in the legal profession, and does not deserve such a slur on his character.'
'I agree with you, Mr Todd,' said the judge. 'Sir Cuthbert, you will withdraw that statement.'
'I apologize, m'lud,' Sir Cuthbert said, offering a slight bow before turning back to the witness once again. 'Mr Siddons, in the earlier will, who was it that suggested that all thirty-six pages should be initialled with the letters EB?'
'I believe I did,' said Siddons, sounding a little flustered.
'But you did not insist on the same rigorous procedure for the second will, the expeditiously prepared document.'
'I didn't feel it was necessary. After all, there was, as I have said, only one significant change.'
'And on which page will we find this significant change, Mr Siddons?'
Siddons flicked through the will and smiled. 'Page twenty-nine, clause seven.'
'Ah yes, I have it in front of me,' said Sir Cuthbert. 'But I don't see the initials EB, either at the bottom of the page or next to the relevant clause. Perhaps Lady Barrington was too tired to manage two signatures on the same day?'
Siddons looked as if he wanted to protest, but said nothing.
'Let me ask you, Mr Siddons, on how many occasions in your long and distinguished career have you failed to advise a client to put their initials on every page of a will?'
Siddons didn't reply. Sir Cuthbert looked first at Mr Todd and then at the judge, before his eyes returned to the witness box. 'I'm still waiting, sir.'
Siddons stared desperately up at the bench, and blurted out, 'If you were to read the letter, m'lud, that Lady Barrington addressed to you, it might help you decide if she knew exactly what she was doing.'
'Letter?' said the judge, looking puzzled. 'I know nothing of a letter. It was certainly not among the court's bundle of papers. Are you aware of such a letter, Sir Cuthbert?'
'It's the first I've heard of it, m'lud. I'm as much in the dark as you are.'
'That's because,' Siddons spluttered, 'it was handed to me only this morning. I haven't even had time to alert Mr Todd to its existence.'
'What are you talking about, man?' said the judge.
Every eye was fixed on Siddons as he took an envelope from an inside pocket and held it aloft as if it were on fire. 'This is the envelope that was given to me this morning, m'lud.'
'By whom, Siddons?' demanded the judge.
'Mr Harry Clifton. He told me it had been given to him by Lady Barrington just hours before she died.'
'Have you opened the envelope, Mr Siddons?'
'No, I have not, sir. It is addressed to you, as the presiding judge.'
'I see,' said the judge. 'Mr Todd and Sir Cuthbert, would you be kind enough to join me in my chambers?'
'This is a rum business, gentlemen,' said the judge as he placed the unopened envelope on his desk in front of the two barristers. 'Given the circumstances, I confess I don't know what the best course of action is.'
'Both of us,' said Mr Todd, 'could put forward a compelling argument that the letter should be treated as inadmissible evidence.'
'I agree,' said Sir Cuthbert, 'but frankly we're damned if we do, and we're damned if we don't. Because if you don't open the envelope now it's found its way into court, whichever side loses this case will certainly have grounds for an appeal.'
'I fear that may well be the case,' said the judge. 'If you both agree, perhaps it might be wise for you, Simon, to call Mr Clifton as a witness under oath, and see if he can throw some light on how he came into possession of this envelope in the first place. What do you think, Cuthbert?'
'I have no objection to that,' said Sir Cuthbert.
'Good. However, let me assure you,' continued the judge, 'that I will not open the envelope until I've heard Mr Clifton's evidence, and I will only do so then if you both approve. And should I do so, it will have to be in the presence of anyone who might be affected by the outcome of these proceedings.'