Secrets of a Scandalous Marriage

CHAPTER 8

When Mr. Abernathy was ushered into the study, Lord Medford invited the man to sit. Lord Medford pulled out the other chair in front of his desk for Kate. She walked toward her seat slowly while Lord Medford nodded to the butler asking him to bring tea.

Kate swallowed convulsively but kept her eyes trained on the barrister. “Thank you very much for agreeing to represent me.”

“It shall be my pleasure, your grace,” Mr. Abernathy replied with a precise nod and a matter-of-fact smile. The man was older with a trimmed white beard, a lean, able build, and sharp, discerning eyes. He seemed like the type of man who didn’t miss a thing, and Kate had the awful feeling that she was being closely scrutinized.

She cleared her throat and straightened her shoulders. “I assume you have … experience with this sort of thing.”

Mr. Abernathy extracted a pair of silver-rimmed spectacles from his inside coat pocket and placed them on the tip of his nose. He sat up even more straight and regarded her over the rims of the spectacles. Oh excellent, more scrutiny. “I’m experienced, your grace, but the fact is there’s never been a case quite like … with these exact circumstances, and I—”

“I understand,” she replied, putting up a hand. “You’ll do your best.”

“I’m quite qualified,” Abernathy replied. “I assure you. I’m enrolled to practice before the House of Lords, which, of course, is where your trial will be held, should it come to that.”

She furrowed her brow. “Should it come to that?”

Abernathy bobbed his head in a brisk nod. “Yes, well, we hope for the best, of course, but we must plan for the worst.”

“I see.” She swallowed. “What can I expect, then?”

James lifted his brows. Impressive, the way Kate was taking charge of the conversation. She seemed even more interested in her defense than he’d expected. Good. He’d been a bit worried that she’d be meek or even worse, act guilty, but the confidence with which she’d said, “I am innocent,” earlier had given him hope. There was definitely a fighter beneath her beautiful surface. One he’d witnessed when she’d demanded that he free her from the Tower. One that he wanted to see more of.

Mr. Abernathy pulled a large stack of papers from his well-polished leather bag and set them on the desk in front of him. He consulted the stack, flipping through it and pulling out a small group. “In this case, Lord Medford’s solicitor has employed me directly. I will be in charge of your defense, leading the investigation on your behalf, and drawing up the necessary paperwork.”

Kate shook her head and met James’s eyes. “I don’t understand. Hasn’t there already been an investigation?”

Mr. Abernathy gave a curt nod. “The magistrate near your husband’s country house has performed his investigation, yes. And there was an inquest over the…” He cleared his throat. “Forgive me for being indelicate, your grace.” He gave her a kindly yet still efficient look.

Kate’s chin trembled slightly but she nodded. “Go on. I want to hear everything.”

“There was an inquest over the body,” Abernathy continued.

She clenched her jaw. “And?”

“Now I will lead an investigation on your behalf. I shall call the witnesses, record their statements, and take note of anything else relevant to the case.”

Kate shook her head. “But I’ve already been charged, haven’t I? I wouldn’t have been arrested otherwise.”

James leaned forward in his chair and met her eyes. “Yes, you’ve been charged. The coroner’s jury named you in their verdict.”

“And not only that…” Mr. Abernathy’s voice trailed off. “Although it doesn’t exactly matter.”

Kate snapped her head around to face the barrister. “What? Not only what?”

Abernathy’s voice was matter-of-fact. “In addition to the coroner’s jury’s verdict, there’s been a warrant sworn against you.”

Kate’s mouth fell open. “By whom?”

Abernathy glanced at James. He nodded.

“By Lady Bettina Swinton,” Abernathy said.

Kate’s hand flew to her throat. “Lady Bettina swore a warrant against me?”

“Yes, it seems she’s convinced of your guilt.”

“Wait. Why was Lady Bettina there?” James asked, shifting forward in his seat.

Abernathy put up a hand. “We’ll get to that,” he assured James. To Kate, he said, “But Lady Bettina’s oath doesn’t mean there won’t be a full investigation. The lady herself will be questioned.”

Kate pressed her fingertips to her temples. “What else do I need to know?”

Abernathy placed a hand on the stack of papers. “The House of Lords has already been notified of the verdict and the warrant, else, as you indicated, you would not have been arrested.”

She expelled her breath. “So, what’s next?”

Locke returned with the tea tray then and set about serving the three occupants of the study.

“The grand jury must indict,” Abernathy said, reaching for his teacup from the butler.

“And then?” Kate’s hand trembled a bit as she took her cup.

Abernathy pushed his saucer onto the desk in front of him. “If Parliament is in session, the lord chancellor will request the appointment of a lord high steward. All peers will act as judge and jury.”

“And if the House is not in session?” Kate replied.

Abernathy gave a curt not. “Then the trial shall be held at the Court of the Lord High Steward, and he will act as judge and the peers as jury, except, of course, for the bishops.”

Kate glanced at James. “Why not the bishops?”

“The bishops may be members of the House of Lords, but they do not take part in any case where the sentence might be death,” James told her.

“I see,” Kate replied quietly. “And my penalty, if I am found guilty?”

Abernathy quickly shook his head. “Your grace, I do not think you should worry about that at this time. I—”

Setting her teacup on the desk, she closed her eyes. She clutched at the arms of the chair until her knuckles went white. “Please, Mr. Abernathy. I need to hear you say it.”

Abernathy straightened his shoulders. Another curt nod. “As you wish, your grace.” He cleared his throat yet again. He glanced at James. “The penalty is death by burning.”

A shiver ran through Kate. She hung her head.

“But there are many options,” Abernathy hastily continued. “We may plead down to manslaughter on provocation … self-preservation.”

“I wasn’t provoked,” Kate whispered softly. “And there was no self-preservation. I didn’t do it.” She glanced up at Mr. Abernathy and, for the first time, James saw real fear in her pretty blue eyes. His chest felt tight.

Mr. Abernathy pushed up his spectacles on his nose. “I understand, your grace, and please believe, I shall do everything in my power, absolutely everything, to prove your innocence.”

“Thank you, Mr. Abernathy. I trust you will. Now.” She lifted her chin. “What do you need from me? To help?”

Abernathy pulled out another swath of papers from the middle of his stack and grabbed up a quill. “I need you to tell me everything you remember about that day.”