Pine bugs and 303s, p.24
Pine Bugs and .303s, page 24
* * *
Jean marvelled at how rich he had become as the trial went on. He came to the realization he did not know how to enjoy being rich. He wanted to be wealthy for the sake of being wealthy. He could not stop accumulating money long enough to enjoy the fruits of his labour. It was good enough to make the money, and he would not hesitate to spend it all to keep it from other people, including his daughter. He did his best to look confused while the lawyers sparred. His look of surprise at his net worth when it was announced had been practiced in front of the dresser mirror in his room for two hours the night before.
On the morning of the third day, Bates introduced the agreement between Gilbert and Elmer as proof that the widows were the rightful beneficiaries by virtue of being the spouses of the principals and founders of the company. The agreement, handwritten and not witnessed by an independent third party, should have given Bates concern. Both Mary and Frances had sworn a disposition in regard to the signatures on the agreement. Gabriel Cote did not contest that the signatures were genuine. Cote instead argued the contract was not a legal document in the eyes of the court. He argued that while the sentiment may have been genuine between Elmer and Gilbert, it had no weight as a legally binding contract. This is where the irony of the law and of being a lawyer was the greatest for Bates. Bates knew most lay people did not like lawyers unless they needed them. Bates was counting on the jury member’s resentment of his chosen profession. He hoped this would cause them to side with two long dead soldiers who made an agreement between men without the help of a lawyer. Bates knew the very fact most people did not trust lawyers was going to be the key to the successful acceptance of the agreement as binding. He felt vindicated when the jury members asked for copies of the agreement. That’s right, put those lawyers in their place, he thought. After the jury members received the copies and started reading them, Gabriel sat down, realizing he had been out maneuvered again.
On the afternoon of the third day, Bates called a Dr. Theodore Fuller to the stand. Bates qualified his witness as a family doctor with thirty years of experience. His secondary speciality was as an obstetrician. He had delivered well over two thousand children. He had written three published papers on post-partum depression. Fuller had examined the medical records of Frances Bertrand and had interviewed her several times. Bates led him through the history of post-partum depression and how it was diagnosed over the course of Fuller’s career as a doctor. Fuller patiently explained how women were regarded and misdiagnosed as mentally ill or neurotic for many years. Fuller explained that early in his career, women were committed to mental hospitals and subjected to shock treatments if they displayed symptoms like the ones Frances Bertrand had displayed after the birth of her daughter. Fuller surmised the doctor who attended to Frances was not well versed in post-partum depression and its treatment. He pointed out that in Frances’s medical records, the doctor from Lac Ville had written “Baby blues” as the cause of Frances’s lethargy and despondence. Fuller almost laughed at the amateur-like simplicity, then checked himself. He ventured the opinion that Frances Bertrand could have easily been taken advantage of during her bout with post-partum depression, and easily manipulated. Bates asked Fuller how many women suffered symptoms of post-partum depression. Fuller looked at the jury as he answered: as many as one in four. Most women will not seek treatment and want it kept secret because of how we have treated them over the years.
Bates waited a moment to let Fuller’s last statement resonate and then stood. “Thank you, Dr. Fuller,” he said and turned to Gabriel.
Justice Wallace asked Gabriel, “Do you need a few moments, Mr. Cote, or are you ready to question the witness?”
Gabriel stood up, looked at Jean then announced, “No, my Lord, I am ready.” He walked towards the witness box while looking at the jury. “Dr. Fuller, are you a psychiatrist?” he asked.
Dr. Fuller answered with a hint of sarcasm. “I testified I am a doctor. I perhaps should have made it clear I am a medical doctor.”
Cote quickly countered with, “Is post-partum depression a medical or psychiatric disorder?”
Dr. Fuller replied with authority, “Both actually. If after my review of the case I had been Mrs. Bertrand’s doctor at the time, I would have enlisted a psychiatrist to help me help her. I would not have let her enter into any agreements or sign any papers. No ethical doctor, or in my opinion any professional person, would have allowed that.”
Gabriel was visibly thrown off by the reply and stammered. “You were not there at the time and you are not a psychiatrist, that is abundantly clear. I have no further questions for this witness, my Lord.”
Jean stared at Gabriel as he came back to the table. In Jean’s mind, none of the men on the jury would buy the doctor’s evidence. Men watched out for each other. Lawyers and doctors were among the highest paid professions, but they testified in accordance to what they were paid to in his opinion. If Jean was reading the men right, they were waiting to hear from him. They would not be disappointed, he thought. “I will tell them the truth about these people. Things will change after that. Then I will learn to enjoy the money I have made,” Jean said to himself. Jean had encouraged Gabriel to bring a doctor he knew to court to counter Dr. Fuller. Gabriel had interviewed this doctor the night before. The doctor was semi-retired. In fifteen minutes, Gabriel learned the doctor thought all women were neurotic and he refused to treat Indians. Gabriel told Jean, “Your doctor friend would do more damage than good.” Jean argued this was just the type of truth that needed to be heard. Gabriel finally dissuaded him just before midnight, and when Gabriel got back to his room, he had three drinks of scotch before going to sleep.
Gabriel sat down and looked at Jean. Jean had let his glasses slide down his nose, his eyebrows were raised, and he was leaned back in his chair looking at the jury members as if admonishing them. His look was like he had just heard an incredible and impossible tale. Bates looked over and then turned toward the jury to see their reaction. One of the older jurors made eye contact with Jean and he shrugged his shoulders as if to agree with Jean. Justice Wallace adjourned the trial for the day after Dr. Fuller’s testimony.
On the walk back to the hotel, Bates told Frances and Mary that while things seemed to be going well, he was worried about the jury. “A couple of the members looked skeptical of Dr. Fuller’s testimony,” he told them. Mary asked if Jean was going to testify. Bates told her, “He pretty much has to, and from what I could see, Jean cannot wait to.”
Mary looked at Bates and Frances before saying, “Then we will be alright.”
Chapter 41
Bates sat in his room going over the Ontario civil court procedures until after one a.m. Gabriel Cote’s client had insisted on a jury. Jean had to cover the costs, which were relatively minor—comparable to taking six friends to a hunting camp. The jury was worrisome to Bates. Simple men untrained in law and with attitudes and prejudices undiscovered would sit in judgement of his clients. Bates could make a motion to the judge requesting he strike the jury. Bates could argue the issues were too complex and beyond the comprehension of the jury members and ask the judge to dismiss them. The judge alone would rule on the claim. Bates had thought he had the jurors leaning towards finding in favour of Mary and Frances until Dr. Fuller testified. Now he was not so sure. He had not counted on the different mentality of the men in this part of Northern Ontario. Bates was used to a more cosmopolitan attitude common in bigger centres. Winnipeg, while not Montreal or Toronto, was not Fort William, and attitudes towards women were different. It was subtle, almost intangible, but Bates instincts told him he could be in trouble. The problem Bates wrestled with until his fatigue took him to sleep was whether he should make a motion to have the jury struck or gamble on Justice Wallace doing it on his own accord.
Jean was in his room reflecting on the trial when he heard a knock on his door. He got up to answer it after putting his dentures back in. He had been sipping whiskey and liked the burn of alcohol on his gums. He opened the door to Alphonse’s cousin Louis. “Come on,” Jean said. “Did you find it all right?”
Louis smiled and replied, “Right where you said Jean.”
Jean asked, “Did anyone see you come up?”
Louis shook his head. “No, I waited until the lobby was clear and listened in the halls before I came to your door.”
Jean smiled. “Very good.”
Louis handed Jean a thick envelope. Jean took it and went to sit down at the desk in his room. He took out eight 50 dollar bills and handed them to Louis. “You’re a good man Louis make sure no one sees you on the way out,” he said.
Louis nodded and went out the door. Jean counted the remainder of the money in the envelope to be sure Louis really was a good man and smiled when he got to $14,600. If he had to, he could buy a juror or two now. He had noticed one of the older jurors was wearing a shabby old suit and had made eye contact with him more than once. Jean had seen him take the bus from the courthouse. A man his age should have a car, Jean thought. Louis will know who he is by tomorrow.
* * *
George Harrison was the oldest of the jury members. His civic address was the rooming house beside the King George Hotel. The rooming house had twelve rooms on the second floor of a laundry business. Harrison and the other tenants shared a bathroom at the end of the hall. This had been Harrison’s home for the past ten years ever since his wife had died. His children had not visited him since the funeral. When he received his summons for jury duty it was the first piece of mail he had received other than his pension cheques from the railway in years. He had been inclined to throw it in the garbage because it would interfere with his time in the beer parlour. He had heard about the case on the radio and decided he would go and see what it was about. He kept a flask of whiskey in his jacket to brace him at lunch if the day went on too long. He had been mildly surprised by how interesting the trial had been so far, though he did not believe a lot of what the women and their lawyer had said. He had trouble sleeping sometimes and often sat in the men’s parlour of the King George until midnight drinking cheap draft. Tonight, was no different. Harrison was just about ready to walk to his room in the boarding house when a rough-looking, middle-aged, barrel-chested man sat down at his table with a pitcher of draft beer.
Chapter 42
Day four of the trial began right on time at ten a.m. Justice Wallace was at his place on the bench and looked out over the courtroom. George Harrison and Samuel Oates were seated beside each other. Oates was no stranger to beer, but he whispered to Harrison, “Burned the midnight oil last night, eh?”
Harrison put his finger to his lips as the clerk declared the court open. Harrison felt dull and tired. He long ago had stopped getting hangovers. He reminded himself he was not a young man anymore and would take it easy tonight. The man he had met last night had bought two more pitchers of beer than Harrison was accustomed to. It was free, so Harrison was not complaining.
Bates, who looked tired to Mary, lacked his usual zeal and enthusiasm. His voice was subdued as he answered Justice Wallace’s question if he was ready to proceed. Bates stood and addressed the court, “My Lord, I apologize for the lateness of this development. My associates and learned friends have been attempting to serve a subpoena on and get a disposition from Mr. Armand’s former counsel, Claude Talbot. Understanding attorney client privilege, I wanted Claude Talbot to explain to the courts the authorities or statues he had based his legal documents on, because I could not find anything to explain the legality of Mr. Talbot’s work based on my interpretations of the laws as they stood at the time. I received a telephone call this morning that all attempts to serve Mr. Talbot have failed and his current whereabouts are unknown. I have therefore no choice but to conclude the evidence to be presented on the plaintiff’s behalf.”
After he finished, he remained standing waiting for Justice Wallace’s response. Justice Wallace looked surprised and Bates knew Wallace did not like surprises. “Mr. Bates, if you are suggesting there were improprieties or worse by Mr. Armand’s former counsel, these matters should have been brought forward to the law society long before this claim came to court,” Justice Wallace said looking directly at Bates.
Bates replied, “My Lord, what I am saying is I am not certain if there were improprieties, though my experience leads me to believe the legality of Mr. Armand’s counsel in these matters was at best suspect. My firm has made the best efforts to locate Mr. Talbot and have him explain his reasoning. We waited until two months before these proceeding to attempt to locate him so he would not have time to evade or avoid service. My friend Mr. Cote was present, to my understanding, through the process but as Mr. Armand’s present counsel I cannot question him on Mr. Talbot’s reasoning.”
Gabriel Cote and Jean exchanged glances. Gabriel had been hoping Bates would only argue the legal weight of the documents Frances had signed. Bates was implying the documents as prepared by Talbot were an illegal act. Gabriel’s emotions got the better of him as he stood up red faced and said, “My Lord, if Mr. Bates is suggesting I am a party to a breach of ethics which could be perceived as an offence leading to disbarment, I want to see some damn proof.”
Everyone in the courtroom was taken aback by Gabriel’s outburst. Justice Wallace banged his gavel. “Order in the courtroom,” he commanded. “Mr. Cote, I understand your emotion; however, I will not tolerate outbursts. Mr. Bates and Mr. Cote, as we stand at this moment, the plaintiff has no further evidence to present and the defendant’s counsel I believe will need a few moments before presenting his answer to the plaintiff’s claim. I think an early adjournment for lunch is in order. I will see both counsel in my chambers at one o’clock.” Justice Wallace banged his gavel again, this time with a little less vigor.
The court clerk announced, “All rise,” and Justice Wallace left the courtroom.
It was everything Jean could do not to smile. The $5,000 he had sent in cash had obviously made it to Claude Talbot. Jean had kept in touch with Talbot and had warned him about the trial. It made Jean physically sick to put the money in the mail and send it with a note suggesting six months in Europe would be good for him. Talbot was smart enough not to reply or leave a paper trail. The droopy eyed bastard is probably sitting on the Rivera right now, Jean thought.
Gabriel turned towards Jean still angry and quietly asked, “Your fingers are in here, somewhere, aren’t they?”
Jean shrugged in the maddening manner he did when he knew he was being accused of something he would never answer to. Gabriel gathered his papers and left the courtroom without waiting for his client.
Frances and Mary watched their interaction and Frances told Mary, “I almost feel sorry for Gabriel.”
Louis sat in his truck watching the courthouse, waiting for the jurors to come out. He was surprised when they came out almost an hour early. He was glad he had not waited until eleven before leaving his hotel room or he might have missed them all together. He saw Harrison walking slowly behind everyone else. He waited, not wanting to take the chance Frances would see him. He saw Frances, Mary and her lawyer come out of the court and go in the opposite direction of Harrison. Louis got out and started walking quickly to catch up with Harrison. The other jurors were well ahead of them when he caught up to him. “Good morning, George,” he said, casually.
George turned, startled. “Ron, how are you?”
Louis answered, “Good. I am just going to get a little hair of the dog. What are you doing?”
“Early lunch. The lawyers at the trial I told you about last night were arguing about something, so I have got two hours,” George grunted, with a frown on his face.
“Let me buy you lunch. You’re the only person I know in this city,” Louis said, opening his jacket to show a flask. “Hair of the dog, George,” he added.
George smiled and replied, “Lead the way.” He was not that tired.
At one o’clock, Bates and Cote were outside of Justice Wallace’s chambers. They did not talk to each other at all. Bates spoke to everyone else who was around in his confident and easy-going manner. Gabriel was still seething, and quite frankly he did not have a word to say to Bates. Gabriel was going over all the possible scenarios that having Jean testify could create. He knew Jean was counting on the jury to decide in his favor. Jean’s belief was unshakable. Gabriel could not help but wondering if maybe Jean was right. Jean’s generation was used to men winning when the law was applied to women. Jean’s generation regarded Indians as an annoyance and counted on government agencies, including the courts, to side with them in disputes. The court clerk opened the office door and told them Justice Wallace would see them now. Bates went in first with Gabriel following. Justice Wallace was seated in his chair. He did not ask either of them to sit down.
“Gentlemen,” Justice Wallace began. “This trial has become ugly. Mr. Bates, my examination of the documents leads me to believe Mr. Talbot did stretch the limits of the law and knowingly violated several ethics of our profession. Mr. Talbot, unfortunately, is not here to answer to these breaches. Mr. Cote, I know this puts you at a disadvantage, but that being said, I do not believe you were a willing participant or were wilfully blind to Mr. Talbot’s subterfuge. Which leaves me with the quandary of how to resolve this matter. Is there any way this can be settled now that we have heard the plaintiff’s claim?”
Gabriel spoke first. “My Lord, my client is adamant he wants to testify, and he will not settle. I have tried several times to persuade him to save the courts time and he has absolutely refused. As an officer of the court, I am obligated to honour my client’s wishes.” Gabriel did not like to admit his position in front of Bates and thought to himself, it is not because you are a better lawyer, you pompous ass.
