Trial of Passion Read online

  Trial of Passion

  Copyright © William Deverell 2002

  Published by ECW PRESS

  2120 Queen Street East, Suite 200, Toronto, Ontario, Canada M4E IE2

  All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any process — electronic, mechanical, photocopying, recording, or otherwise — without the prior written permission of the copyright owners and ECW PRESS.

  NATIONAL LIBRARY OF CANADA CATALOGUING IN PUBLICATION DATA

  Deverell, William, 1937–

  Trial of Passion / William Deverell

  ISBN 1-55022-542-1

  I. Title.

  PS8557.E8775OT74 2002 C813’.54 C2002-903366-7

  PR9199.3.D474T75 2002

  Cover and Text Design: Tania Craan

  Production and Typesetting: Mary Bowness

  Printing: Transcontinental

  This book is set in Bembo and Imago

  The publication of Trial of Passion has been generously supported by the Canada Council, the Ontario Arts Council, and the Government of Canada through the Book Publishing Industry Development Program.

  Trial of Passion

  William Deverell

  BOOKS BY WILLIAM DEVERELL

  Fiction

  Needles

  High Crimes

  Mecca

  The Dance of Shiva

  Platinum Blues

  Mindfields

  Street Legal: The Betrayal

  Trial of Passion

  Slander

  Kill All the Lawyers

  The Laughing Falcon

  Non-Fiction

  A Life on Trial: The Case of Robert Frisbee

  PART ONE

  May the countryside and the gliding valley streams content me.

  Lost to fame, let me love river and woodland.

  VIRGIL

  DIRECT EXAMINATION BY MS. PATRICIA BLUEMAN

  Q

  You are a retired minister?

  A

  I was an Anglican bishop.

  Q

  And how old are you?

  A

  Seventy-nine.

  Q

  Where do you live?

  THE COURT:

  Please sit down if you’d be more comfortable, Dr. Hawthorne. This is only a preliminary hearing, quite informal. (Witness sits.)

  A

  At 137 Palmer Avenue in West Vancouver.

  Q

  Do you live there alone?

  A

  I am a widower. I have a housekeeper — Mrs. Mary Mcintosh.

  Q

  Okay, and your neighbour on your left, as you face the street, that would be 141 Palmer?

  A

  Yes.

  Q

  And do you know who lives there?

  A

  Professor Jonathan O’Donnell.

  Q

  He’s acting dean of law at the University of British Columbia?

  A

  Yes, I have known him for many years.

  Q

  And do you see him in court?

  A

  Sitting right there.

  Q

  Identifying the accused, for the record. Now I want to take you back to the late-night hours of last Friday, November twenty-seventh. Were you at home on that evening?

  A

  I retired at about nine p.m. I had fallen asleep in an armchair while reading and Mrs. McIntosh aroused me and sent me off to bed.

  Q

  And did something later awake you?

  A

  There was a great hullabaloo at the front door. I’m not sure what time it was, in the small hours at least. Mrs. Mcintosh has her room upstairs at the back, so I was first to the door.

  Q

  And what transpired?

  A

  It was a female voice, but the words were unintelligible. I opened the door and a young woman was standing there.

  Q

  And did this woman subsequently identify herself?

  A

  Ah, yes, her name is, ah … Miss Kimberley Martin.

  Q

  Now tell us what you observed.

  A

  Well . . .

  THE COURT:

  Just what you saw, Dr. Hawthorne. In your own words.

  A

  Well, she was, ah, somewhat in a state of nudity.

  Q

  Somewhat. What do you mean?

  A

  She was naked, except . . . she was wearing a tie.

  Q

  Please describe it.

  A

  It was very garish, brightly coloured.

  Q

  But it was a man’s tie?

  A

  Oh, yes. I really wasn’t focusing very well, but I thought it depicted a scene on a beach, with a tropical palm.

  Q

  All right, where was she wearing this tie?

  A

  Where? In the, ah, normal place. I mean, I know this wasn’t a normal situation. Around her neck. Properly knotted.

  Q

  Do you recognize this?

  A

  It could be the one.

  Q

  Exhibit One, your honour. Was she wearing anything else?

  A

  Well, a gold necklace. Quite expensive, I thought. A large cross suspended from it.

  Q

  Do you recognize this item?

  A

  Yes, that looks like it.

  Q

  Exhibit Two. How was she wearing this item?

  A

  Right, um, between her breasts. It had somehow got wrapped around the tie.

  Q

  What else did you notice about her appearance?

  A

  She was covered with red, ah, streaks and daubs. Her lower body, and also her breasts.

  Q

  Explain what you mean.

  A

  Mrs. McIntosh later recognized it as lipstick.

  MR. CLEAVER:

  Can we avoid the hearsay?

  Q

  Describe these daubs.

  A

  Well, red smears, mostly, right around her body, up her legs and thighs and pelvis to the middle of her abdomen. Where her skin wasn’t smeared, there was a pattern, a jagged series of peaks and valleys — drawn as one might portray waves on a stormy ocean. And her breasts, ah, seemed to be coloured, too. With that same bright red, and her entire, ah, nipples. Excuse me.

  THE COURT:

  Can you get the witness a glass of water? (Witness sips water.)

  Q

  Okay, and what was this woman, Miss Martin, doing?

  A

  Well, just standing there, shaking. It was cold. And she was yelling, “He’s going to kill me. Help me.” I must say, I was quite frightened.

  Q

  And what did you do?

  A

  Well, Mrs. McIntosh had come down by then, and of course we brought her into the house, and we found a blanket to cover her, and we made some tea.

  My daughter stands sternly before me like a teacher confronting an errant child. Deborah is, in fact, a teacher — of those children we formerly called slow learners — and addresses me as such, patient and resolute.

  “Father, please listen to me. You can’t cook. You can’t make a bed. And that old house — I don’t think you’ve ever hammered a nail in your life. What is this, some kind of male menopause?”

  “My dear, I am simply retiring from the wicked practices of the law.”

  Seeking safety, I burrow between the sheltering arms of my favourite club chair, a padded refuge that over the years has moulded to my sylphlike shape until the chair and I are one, whole, indivisible. To par
t with this chair would be to part with an old and valued friend. The chair will go with me to Garibaldi Island. My wife, suddenly in the springtime of her life, will not.

  From the enfolding warm prison of my chair, I can hear young Nick, Jr., restless, prowling about the house, an eight-year-old addict of the multichannel universe. Annabelle and I have forbidden television here, the pabulum upon which he feeds at home. Nicholas Braid, Deborah’s husband, who is “into” (his preposition) mutual funds, is playing golf on the carpet, practising his putting. He finally speaks:

  “Arthur, do you have the foggiest idea what it’s like to live on one of those Gulf Islands? Been to Garibaldi. Full of yokels. Potheads.” Nicholas tends to burp his sentences.

  “Is there even a telephone in that godforsaken place?” Deborah asks. “A doctor? What if you have a major stroke this time?”

  “I am retiring to the country so I may avoid another stroke. It was just a gentle warning, my dear.”

  “A gentle warning you’re about twenty pounds overweight.”

  “I intend to shape up and chill out, if that’s the au courant expression. I am on the cusp of sixty-three. A richness of poetry has been written that I have not had the time and comfort to enjoy. I intend to hone my skills with rake and hoe.” Gardening has been my one great delectation, my solace, my escape. Yes, the trials of Arthur Beauchamp are at an end. He is retiring in corpore sano.

  “I don’t suppose your wife is objecting.” Deborah says this in the manner of someone who knows such person only casually. The wife, my darling Annabelle, gave her suck.

  “She’s in accord with my wishes.”

  “I can’t imagine why.”

  “Deborah,” warns her husband.

  Out of habit, I leap to Annabelle’s defence. “She has her career. I can’t ask her to abandon it.” Annabelle has only recently become artistic director of the Vancouver Opera Society.

  “Oh, yes, mother is busy, busy, busy. That ridiculous facelift.”

  “Let’s change the subject,” says Nicholas, as he aims a three-foot putt at a plastic cup.

  The subject, Annabelle Beauchamp, my dear wife, is in the kitchen making canapés. These two warring foes, daughter and mother, have begun to resemble each other ever more closely as one grows older, the other younger. How complimented I feel that Annabelle has shed her carapace of older skin to be a wife who looks not fifty-three but half my age. Ah, but Annabelle has ever been a seeker of that legendary fountain that washes clean the waning years, the waters of eternal wrinklessness.

  “I think a time apart will be good for both of us.” As I utter this hearty banality, I realize it will only reinvigorate the debate.

  “So you’re … another separation. That’s really it, isn’t it? Or she’s kicking you out. And you just sit there. You take it.”

  “Nonsense. She intends to come every few weekends after the opera season. You and the two Nicks will visit, too, I hope. Young Nick will love it. On a clear day you can stand on the bluffs and actually make out Vancouver behind the polluting haze.”

  A silence follows as Annabelle sweeps into view bearing a tray of canapés.

  “Arthur wants to try something different for a while,” Annabelle says. “I can’t see the harm in it, nor can I see it lasting. He’ll miss his grungy old robes and his place on centre stage.” She kisses my forehead with lips soft and dry. I tremble from her touch, and light a cigarette.

  Deborah leans down to me. “Is this going to make you happy, Dad?”

  “We shall see.”

  “You’re okay?”

  “Fine.”

  We nibble, we chat, we pretend, as this cheerless April day grinds to its zenith, and the hour of departure nears. My chariot is out front, filled with books and music tapes, its boot yawning open ready to receive this, my favourite chair.

  But why is my throat so thick with rue, why does my chest feel raw and hollow?

  CROSS-EXAMINATION BY MR. GOWAN CLEAVER

  Q

  Dr. Hawthorne, I won’t take much of your time. I know this isn’t a comfortable way to spend a Monday morning.

  A

  Please don’t worry.

  Q

  You’ve known Professor O’Donnell here for what — seven or eight years?

  A

  As a neighbour, yes.

  Q

  Always pleasant, easy to get along with?

  A

  A most courteous gentleman. We visit from time to time.

  Q

  No wild parties? (Witness laughs.)

  A

  He’s been over for a brandy occasionally. That’s about as wild as it gets, I’m afraid.

  Q

  And he is known to you to be a man of integrity?

  A

  I’ve never heard a word against him.

  Q

  Now, on this night of November twenty-seventh when Miss Martin arrived at your doorstep, I take it there was something else you observed aside from her unusual physical appearance.

  A

  She was in great distress, it would seem.

  Q

  Yes, it would seem. Notice anything on her breath?

  A

  I would have to say her breath smelled of alcohol.

  Q

  Strongly?

  A

  It was quite apparent. She, ah, she seemed to have a little trouble navigating.

  Q

  Stumbled a little? Had difficulty standing?

  A

  I wouldn’t have let her drive a vehicle.

  Q

  She was drunk.

  A

  Fairly intoxicated, yes. It seemed to me.

  Q

  Babbling incoherently.

  MS. BLUEMAN:

  I object. That’s a —

  THE COURT:

  That’s a what, Miss Blueman?

  MS. BLUEMAN:

  The innuendo is unfair. Her words should speak for themselves.

  THE COURT:

  Objection overruled.

  A

  I would say her speech was excited. She kept repeating the same thing over again.

  Q

  That someone was coming after her. Did she say who?

  A

  No, she didn’t.

  Q

  Did she say she’d been raped?

  A

  Not in my presence.

  Q

  She didn’t have much to add to her initial complaint?

  A

  No, she quieted down. We settled her on the couch, the blanket around her. She turned quite . . . almost composed.

  Q

  I understand you offered to call the police.

  A

  Yes.

  Q

  And?

  A

  She asked me not to. She wanted me to phone a friend of hers, a Mr. Clarence de Remy Brown.

  Q

  Her fiancé.

  A

  I wouldn’t have known that, but I do now.

  Q

  Mr. Brown came over?

  A

  Very quickly — he lives not far away, in the British Properties. He seemed quite calm and in control, considering the situation, and I left it in his hands whether to involve the police. Upon their departure, Mrs. McIntosh urged me to return to my bed, and I’m afraid I was too exhausted to argue.

  MR. CLEAVER:

  No more questions.

  THE COURT:

  Thank you, Dr. Hawthorne, you’ve been of great assistance to this court.

  Standing at the aft rail of the gender-confused vessel known as the Queen of Prince George, I can see forested clumps of land approach-ing. These comprise the islands beyond the great inland waterway of the Strait of Georgia, the cold salt moat behind which I shall find refuge from the city’s grasping fingers.

  Below me, on the car deck, my elderly Rolls Phantom V looks quite out of place amid the clutter of rust-patched pickup trucks. In my three-piece suit, I suppose I look no le
ss exotic to the several gentle folk of Garibaldi Island who are out here in the no-smokeless zone. With my puffing fellow travellers, I am enjoying the silent communion of nicotine, consumption of which has become the great capital sin of this baleful age of health and purity.

  Some of the smoke — that wafting from the tractor-capped young gentlemen near the lifeboats — lightly offends the nostrils with a distinctively illegal sweetness. These then must be the pot-heads Nicholas spoke of.

  Passengers glance at me from time to time, shy, curious. Who is this stuffed shirt from the city staring foolishly at the gulls riding motionless in the slipstream? Why is he leaving the world behind? Why does he seek to abandon career, fame, life, wife, the buzzing, febrile city of his birth? Why does he seek to maroon himself among the alleged yokels of Garibaldi Island?

  Dire were the warnings of my fellow inmates of Tragger, Inglis, Bullingham, that vast sweatshop of writs and wills wherein I toiled for thirty years. Take time off, rest the ticker, but stay in the city and take the odd trial: one needs stimulus to survive this world, they insisted — my mind would rot through boredom. But no member of this fickle crowd of city sophists, this mobile vulgus, has ever ventured closer to nature than the backyard barbecue.