Crown Court - Portrait of an Artist (1973) - video Dailymotion

Jezza

Crown Court: the gripping courtroom drama from the 1970s and 1980s.  "Before his death a year ago, a renowned artist wrote a will in which he bequeathed his estate to his favourite model, Rose Messiter. The will is being challenged by his business partner, Brenda Kingsley, who was named as the sole beneficiary in an earlier will written by the artist. She claims that at the time of writing the second will, the artist was not of sound mind. Ms Kingsley is now challenging the second will and is laying claim to the artist's estate." - IMDB

Transcript

00:00:00Martin Emsworth, one of Britain's best-known and most controversial painters, was 67 when he died

00:00:16last September. For many years, he'd lived in picturesque Pond Cottage in the village of

00:00:21Kettleworth, near Forchester. The inhabitants looked on him as a wayward genius of markedly

00:00:26eccentric habits. He shared the cottage with two women, his manager, Brenda Kingsley, who arranged

00:00:31the sale of his pictures to the leading art galleries throughout the world, and Rose Messeter,

00:00:36the village girl who became Emsworth's favourite model. During the last months of his life, the

00:00:42painter made two wills, the first in August, leaving everything to Brenda, and the second in September,

00:00:48leaving everything to Rose. Today, in the Crown Court, Brenda is bringing a civil action against Rose,

00:00:53seeking to get the second will put aside. Her counsel is Miss Helen Tate.

00:01:16On the 12th of August, Martin Emsworth made a will in which he bequeathed his entire estate

00:01:21to the plaintiff, Miss Kingsley. The will having been duly executed, Miss Kingsley deposited the

00:01:26will in Mr. Emsworth's bank. In doing this, she was acting in her capacity as Mr. Emsworth's

00:01:32business manager. Mr. Emsworth died on September the 13th, the age of 67. A week later, another will

00:01:41was discovered on the back of a Martin Emsworth drawing in the Tate Gallery. This will was dated

00:01:47September the 1st, and it bequeathed Mr. Emsworth's entire estate to his favourite model, Miss Rose

00:01:54Messeter. But you will hear that this second will was not in Mr. Emsworth's usual handwriting,

00:02:00and moreover, that on September the 1st, Emsworth was incapable of understanding what he was signing,

00:02:06as his mental capacity was such that he was unable to tell what he was doing.

00:02:10My first witness is the plaintiff, Miss Brenda Kingsley.

00:02:19What is your religion?

00:02:20Church of England.

00:02:21Take the book in your right hand and read aloud the words on the card.

00:02:24I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth,

00:02:28and nothing but the truth.

00:02:30Is your name Brenda Helen Kingsley?

00:02:32Yes, it is.

00:02:33And do you live at 12 Queen Anne's Terrace in the city of Westminster?

00:02:36Yes.

00:02:37Would you describe your occupation to the court?

00:02:40Well, at present I'm employed as a consultant on modern English painting at the Apollo Gallery

00:02:45in Bond Street, London. Before that, I was personal manager to the painter Martin Emsworth.

00:02:51Perhaps you would tell us something about his painting.

00:02:53Well, his early work was very much influenced by the Euston Road Group, but after that he developed

00:02:59his own individual style. I think one could say that his work was realistic in treatment,

00:03:05but not in subject matter.

00:03:06Could you give us an example?

00:03:08Yes. His best known work is probably Christ and the Money Changers, which hangs in the

00:03:13Portland Gallery in Washington. It shows the figure of Christ attacking members of the

00:03:18stock exchange.

00:03:19In modern dress?

00:03:20Oh, yes. Emsworth always painted his figures wearing modern clothes. That's if they were

00:03:25wearing any clothes at all.

00:03:27Were the subjects usually religious?

00:03:29Religious or allegorical, yes.

00:03:31And what, roughly speaking, would you say was the value of an Emsworth painting?

00:03:34Well, it varies, of course, but I would say that the highest price paid would be for the

00:03:39rape of the Sabine women. That was sold to a private collector for £6,000.

00:03:43Has the value of the pictures appreciated since Mr. Emsworth's death?

00:03:47Oh, almost certainly, but it's hard to tell because none of the pictures have been put on

00:03:50the market recently. And I suppose they won't be until this case has been settled.

00:03:55And there are a number of paintings included in the estate?

00:03:57About a dozen, yes.

00:03:58Where did you live when you were acting as manager to Mr. Emsworth?

00:04:02In his cottage.

00:04:03And who else lived there?

00:04:05Rose Messiter. She acted as a sort of housekeeper as well as modelling for him.

00:04:10And the three of you live quite amicably together?

00:04:12Quite reasonably, yes.

00:04:13How long had this arrangement been going on?

00:04:16Well, I went to live in the cottage in 1963. Rose, I think, about two years later.

00:04:21So the fortunate Mr. Emsworth had two ladies looking after him.

00:04:24Would you describe him as an easy man to live with?

00:04:27No. I would describe him as quite impossible.

00:04:31Because of his artistic temperament?

00:04:33No. Because of his filthy habits and general unpredictability.

00:04:37His filthy habits, Miss Kingsley?

00:04:40Oh, he had no idea of personal hygiene.

00:04:42He used to wear the same old clothes until they dropped off him.

00:04:46Would you describe him as a moral person?

00:04:48No. Frankly, no woman under the age of 85 was safe with him.

00:04:55In such a small village, that must have caused some comment.

00:04:57Yes.

00:04:58Of a censorious nature.

00:04:59No, no. I think they absolutely loved it.

00:05:03He was a celebrity, you see.

00:05:06Oh, it's a rather boring village,

00:05:07and Emsworth was a sort of outrageous local monument,

00:05:12apart from which he was always lending money.

00:05:15To deserving cases?

00:05:16No, quite the opposite. To anybody who asked him.

00:05:19As his personal manager,

00:05:20what was your attitude to this indiscriminate benevolence?

00:05:23Well, I tried to stop it.

00:05:24I didn't see why he should give handouts

00:05:26to half the scroungers in the county.

00:05:29But all I could do was just to try and keep things straight.

00:05:32I used to pay his gas bills,

00:05:34and then when there was no money left to pay any of the bills,

00:05:37I used to have to arrange for another picture to be sold.

00:05:40But presumably there was no difficulty in this

00:05:42with Mr. Emsworth's paintings fetching such high prices.

00:05:45Oh, well, he never wanted to sell them.

00:05:47He would rather have destroyed them.

00:05:49As a matter of fact, he quite often did.

00:05:51Destroy his own creation?

00:05:52Yes, drawings especially.

00:05:54I should say he tore up about 90% of them.

00:05:57I used to have to try to rescue them when he wasn't looking.

00:05:59A good Emsworth drawing would fetch several hundred pounds.

00:06:03After a bit, he found out

00:06:05and started to do his preliminary sketches

00:06:07on things that I couldn't sell.

00:06:09What exactly do you mean, Miss Kingsley?

00:06:11Well, the bathroom wall on one occasion.

00:06:14Rolls of kitchen paper, tea cloths, anything that came to hand.

00:06:18But in spite of this eccentricity,

00:06:20what would you say was his standing as an artist?

00:06:23One of the very greatest.

00:06:25That's the only reason why I put up with all of this.

00:06:27Did you receive any salary for acting as manager to Mr. Emsworth?

00:06:30No, I used to take a commission of 5%.

00:06:32And for this small commission,

00:06:34you acted as financial advisor, in effect?

00:06:37Yes.

00:06:38Did you ever speak to him about making a will?

00:06:42Oh, yes, often.

00:06:43But he always managed to put it off.

00:06:46Eventually, we had quite a stand-up fight about it.

00:06:48I said that I thought he was being selfish and pig-headed

00:06:51and that if he died,

00:06:52I didn't fancy having to clear up the mess.

00:06:54I think I actually threatened to walk out.

00:06:59And then it started crying

00:07:00and said that he couldn't get on without me, which is true.

00:07:03Do you remember on what day this conversation took place?

00:07:05Yes.

00:07:06It was on August the 12th.

00:07:08And did he then make a will?

00:07:10Yes.

00:07:11He sat down quite calmly and wrote it out.

00:07:13Did he show it to you?

00:07:15Yes, before he signed it.

00:07:18My Lord, since the contents of this will are not disputed,

00:07:21I think I may save the time of the court by stating

00:07:23that it bequeathed all Mr. Emsworth's personal effects

00:07:26and the rest of his estate to Miss Kingsley.

00:07:30Thank you, Miss Tate.

00:07:31I'm obliged to, Lordship.

00:07:34What were your feelings when you discovered

00:07:35that Mr. Emsworth had left everything to you?

00:07:39I was surprised and touched.

00:07:42And what happened after he'd shown the will to you?

00:07:45He was going to sign it,

00:07:46but I told him that his signature would need a witness.

00:07:49He asked, why didn't I do that?

00:07:51And I said, well, being a beneficiary,

00:07:52I couldn't be a witness as well.

00:07:54So he sent for Rose.

00:07:55And who was the second witness?

00:07:57Heather Wynne.

00:07:57She's the local vet.

00:07:58She happened to be in the cottage at the time

00:08:00because the goat was sick.

00:08:02The goat?

00:08:03Oh, well, there were always a great many animals

00:08:06around the cottage.

00:08:08At least 15 cats,

00:08:10an owl with a broken wing,

00:08:11the goat...

00:08:12Oh, I see.

00:08:13The goat was sick.

00:08:14Yes.

00:08:14It had swallowed a tube of paint.

00:08:16Were the contents of the will

00:08:19disclosed to either of these two ladies?

00:08:21No.

00:08:21Emsworth folded it so that they couldn't see.

00:08:24All that happened was that he signed it

00:08:26and then they signed underneath.

00:08:29Afterwards, we all had a drink to celebrate.

00:08:31And what happened to the will?

00:08:33I took it to the bank next day

00:08:34and asked the manager to place it

00:08:35amongst Emsworth's other private documents.

00:08:38Oh, title deeds to the cottage,

00:08:39things like that.

00:08:40I thought that if it was left lying about,

00:08:42it might get lost or damaged somehow.

00:08:44Even eaten by the goat?

00:08:45Do you remember September the 1st, Miss Gingsley?

00:08:50Yes.

00:08:52Yes, that was the day I went up to London.

00:08:54I was trying to get one of the big galleries

00:08:56to arrange an Emsworth retrospective.

00:08:59We were going through one of our difficult periods.

00:09:01He refused to work.

00:09:03What was his general condition at this time?

00:09:06Well, he was going very much downhill.

00:09:09He was drinking rather more than usual

00:09:10and seemed very depressed.

00:09:12He said he didn't think that he would ever be able to paint again.

00:09:16It was a very worrying period.

00:09:19We had a great many bills to pay

00:09:20and, as usual, Emsworth refused to let me sell anything.

00:09:22And I thought that, oh, if a big exhibition could be arranged in London,

00:09:28it might cheer him up and start him working again.

00:09:30How long were you away on this occasion?

00:09:33I stayed the night in London and then I returned the next day.

00:09:38Emsworth had taken to his bed.

00:09:40The place was even untidier than usual,

00:09:42but at least I could see signs that he'd been trying to work.

00:09:46The place was just full of torn-up drawings.

00:09:48As far as I could tell,

00:09:52they were all variations on the same subject,

00:09:54a sort of bacchanalian procession,

00:09:56with a naked man riding on a goat

00:09:58and a naked girl dancing along behind them.

00:10:01Did you say anything about these drawings to Mr. Emsworth?

00:10:04No.

00:10:05No.

00:10:06It was no use talking to him.

00:10:08He was just lying there making groaning noises.

00:10:10I thought, well, as usual, I'd have to make a firm decision,

00:10:14so I picked out the best of the drawing and thought,

00:10:18good, that'll pay the gas bill and the rates.

00:10:22And then I took a piece of stiff cardboard,

00:10:24laid the drawing on it,

00:10:25and then on top of that I laid a mount.

00:10:27A mount?

00:10:28Now, that is, of course, the surround.

00:10:30Oh, yes, my lord.

00:10:32It's the edging of the thin card that sets a picture off.

00:10:35Oh, and then I covered it all with transparent wrapping to protect it.

00:10:38And what did you do with it after that?

00:10:41I took it up to the Tate Gallery and sold it for 300 pounds.

00:10:45Without telling, Mr. Emsworth?

00:10:47Oh, well, he'd have made such a fuss, and we had to pay the bills.

00:10:51Did you at any time, did Mr. Emsworth at any time say anything to you

00:10:55to indicate that he had, or intended to, revoke the first will?

00:11:01No, nothing.

00:11:03But then he really was in very bad shape.

00:11:05He was virtually incoherent from then on until the 13th of September when he died.

00:11:10Nothing he said made any sense.

00:11:11So he was virtually incoherent from the 2nd of September until his death on the 13th?

00:11:17Yes, that's right.

00:11:18So at the time he died, you believed yourself to be Mr. Emsworth's only beneficiary?

00:11:21Yes.

00:11:22The lawyer confirmed it, too.

00:11:24He said it would take a little time to settle everything, but that it all seemed quite in order.

00:11:28And when did the 2nd will come to light?

00:11:31Oh, that was about a week after Emsworth died.

00:11:34The Tate Gallery rang me up and said that when they were reframing the drawing,

00:11:38it found something on the back of it that they hadn't noticed before.

00:11:41So I went up to London, and they showed me that the back of the drawing was covered with writing

00:11:46that I hadn't noticed when I'd been mounting it.

00:11:49It looked like a will dated the 1st of September.

00:11:53Will you look at the photocopy, Exhibit 1, my lord?

00:11:56Is it a copy of the so-called will which you saw in the Tate Gallery?

00:12:12Yes, it is.

00:12:14Miss Tate, are we to see this document?

00:12:16Yes, my lord.

00:12:16It is in the agreed bungle at page 2.

00:12:19Yes, yes, I'm aware of that, but that's a mere photocopy.

00:12:21We'd not have an opportunity to study the original.

00:12:23My lord, the trustees of the Tate Gallery were somewhat unwilling to part with such a valuable property.

00:12:28My learned friend, Mr. Elliot, made no objection to the production of a photocopy.

00:12:32I'm sure the jury would like to see it.

00:12:34For all they know, this writing may show through the picture.

00:12:37My lord, if it did, I'm sure my learned friend would have insisted on the production of the original.

00:12:42I wish to see the picture.

00:12:44You will no doubt take steps to see that the Tate Gallery complies with my request.

00:12:49As your lordship pleases.

00:12:50May I continue with my examination of this witness?

00:12:54Please do, Miss Tate.

00:12:56Is the signature on the so-called will Mr. Emsworth's?

00:13:00Yes, it is.

00:13:01But the rest of the will is in a very poor copy of his handwriting.

00:13:06Thank you, Miss Kingsley.

00:13:10Were you upset when you found that Mr. Emsworth had made a second will by which you were excluded from any share in his estate?

00:13:16Not in the least.

00:13:17Why was that, Miss Kingsley?

00:13:18Because I didn't think the will was genuine.

00:13:21The signature was all right, but as I've said before, the rest of the will was in a very bad copy of Emsworth's handwriting.

00:13:28Not just in someone else's handwriting?

00:13:30No, definitely a copy.

00:13:32Not good enough to deceive me, because of course I know Emsworth's handwriting very well.

00:13:36Who would have done such a thing?

00:13:37I think it's a question of applying the old principle of cui bono.

00:13:42A Latin scholar as well as an art expert?

00:13:45Oh, Miss Kingsley, for those members of the court who did not receive a classical education, perhaps you would explain.

00:13:51Certainly.

00:13:52It means that when an offence has been committed and you don't know by whom,

00:13:55you start by considering who has got the most advantage out of it.

00:13:59Most elegantly put.

00:14:01And who does that lead you to?

00:14:04Quite clearly.

00:14:06Rose.

00:14:06Miss Kingsley, according to your account of Martin Emsworth, he was mean, dirty and sexually promiscuous.

00:14:35It's not a very attractive picture, is it?

00:14:38No, I suppose not, but it happens to be the truth.

00:14:41At least it's half the truth.

00:14:43He was also extremely generous to people he didn't know.

00:14:46And, far more important than that, he happened to be a genius.

00:14:50And that made up for all his other failings?

00:14:52Oh, not entirely, no, as I've already explained.

00:14:54He was almost impossible to live with.

00:14:57So he was almost impossible to live with as well as being mean, dirty and sexually promiscuous.

00:15:02And yet you lived with him for nine years?

00:15:05Yes.

00:15:06Why did you put up with this squalor, this meanness, for so long?

00:15:08Because I was very fond of him, in a way, and I thought he needed looking after.

00:15:12Was it not because you knew that when he died he'd be worth a lot of money?

00:15:14Oh, there certainly wasn't any money.

00:15:17When he died he had in his possession about a dozen pictures worth, you say, perhaps £6,000 a piece.

00:15:22That never crossed my mind, as I've already told you.

00:15:25I did my best to try to get him to sell them while he was still alive.

00:15:29He could have bought an annuity and lived very comfortably.

00:15:32You say you advised him to sell his pictures?

00:15:34Yes.

00:15:35Why didn't he?

00:15:36He obviously respected your flair for financial matters.

00:15:39Why didn't he sell the pictures, if indeed that was the advice you gave him?

00:15:42Because some of the pictures contained portraits of people that he was fond of.

00:15:46He painted from life, you see.

00:15:49Half the people in the village can be recognised in his pictures, if you knew them.

00:15:53The vicar, for example, once figured as Beelzebub.

00:15:56Did he?

00:15:57So you're saying that he refused to part with any of his paintings for sentimental reasons?

00:16:01Oh, well, that didn't apply to all of them.

00:16:03There were some that he would have let me sell, but it was almost impossible to find a market for them.

00:16:09Why was that, Miss Kingsley?

00:16:10Surely an Emsworth was a very saleable commodity.

00:16:13Oh, it's just that he enjoyed shocking people.

00:16:15He used to put in obscene details.

00:16:19The Americans, in particular, weren't at all amused.

00:16:21Well, apart from that, he made a great deal of money from the sale of his paintings

00:16:24during the nine years you managed his affairs, did he not?

00:16:27Oh, yes, yes, a great deal, but then he squandered it.

00:16:30As soon as he got money in his pocket, he'd go straight down to the village inn

00:16:33and buy drinks all round for everybody until closing time.

00:16:37He once gave a man a thousand pounds to buy a non-existent greyhound.

00:16:42He hated money, always wanted to get rid of it.

00:16:45So he was always broke?

00:16:46Completely.

00:16:48Forgive me for saying so, Miss Kingsley, but that doesn't say much, does it?

00:16:50For your managing of his affairs?

00:16:53It was short of locking him up.

00:16:55I don't see what else I could have done.

00:16:57Do you think he needed locking up?

00:16:59Well, I wouldn't say it was insane, but towards the end of his life,

00:17:01he was certainly peculiar.

00:17:02Was he peculiar on August the 12th, for example?

00:17:05No, he was all right then.

00:17:06You appeared to have been very anxious to get him to make out a will.

00:17:09Yes, I was.

00:17:10Some of his pictures were very good.

00:17:13And I didn't like the idea of them going to some distant relative he'd probably never even seen.

00:17:18I thought they should be properly disposed of.

00:17:20Left to you, you mean?

00:17:21No, not especially.

00:17:23Oh, there are plenty of provincial art galleries, for example,

00:17:28that would have been delighted to have an Emsworth.

00:17:30Nevertheless, he did make you his sole legatee.

00:17:33Yes.

00:17:33You folded the will over so that Miss Messeter and Miss Wynne could not see what it was they were signing.

00:17:39They knew that they were witnessing his signature.

00:17:42They could see that.

00:17:43Is Miss Messeter a highly educated person?

00:17:46Oh, she's only a village girl.

00:17:48She's had hardly any education.

00:17:50But that doesn't mean that she couldn't forge a will.

00:17:53The other witness, the lady vet, was she a particular friend of yours?

00:17:56We were good friends, yes.

00:17:57At the beginning of September, did Miss Wynne say anything to you about Emsworth having changed his will?

00:18:02No.

00:18:03No.

00:18:04Well, if we look at the second will, or rather the facsimile,

00:18:07which is all we have at present,

00:18:09we see that the first witness has signed her name quite clearly, Heather Wynne.

00:18:13Yes.

00:18:14And yet, you tell us that this good friend of yours

00:18:17never mentioned that she'd been asked to perform this office a second time?

00:18:21Perhaps she didn't realise it was a will.

00:18:24Perhaps.

00:18:26On August the 27th, is it right that you had a row with Mr. Emsworth?

00:18:31Oh, I don't know particularly. I don't remember.

00:18:34There's something that could be fairly described as a shouting match, Miss Kingsley.

00:18:37Oh, we were always having one of those.

00:18:38I don't remember that one in particular.

00:18:40In the course of this row, you said

00:18:41you'd better sell your paintings while they're still in fashion.

00:18:45I don't think I ever said that to you.

00:18:48You don't think.

00:18:49Very well.

00:18:49That's come to the 2nd of September when you return from London.

00:18:52Now, you say you...

00:18:53you found this drawing.

00:18:55And where did you find this?

00:18:57Well, just lying about with lots of other drawings.

00:19:00Some not completed, others torn up.

00:19:03And no doubt you realise this was a preliminary sketch for an important picture.

00:19:06No, why should I think that?

00:19:07It was amongst a lot of others.

00:19:09Just drawings that he'd dashed off.

00:19:12So you'd be surprised to hear that Emsworth intended to use this drawing

00:19:14as the basis for a large oil painting entitled The Triumph of Bacchus.

00:19:18Yes, very.

00:19:19It looked to me like a quick but brilliant sketch

00:19:21of Rose dancing about with a tambourine

00:19:23and the plumber sitting on a goat.

00:19:26The acoustics of this call can be very deceptive.

00:19:28I thought you said the plumber was sitting on the goat.

00:19:30Yes, my lord.

00:19:32Wally Colley.

00:19:33Is that the goat's name?

00:19:35No, my lord.

00:19:36The plumbers.

00:19:37I shall be calling Mr Walter Colley as a witness, my lord.

00:19:41Unmounted, I trust.

00:19:42Oh, yes, my lord.

00:19:44Please continue.

00:19:45Thank you, my lord.

00:19:46And Miss Kingsley,

00:19:47his paintings were based on such sketches, were they not?

00:19:52Yes, but that one is not like his usual preliminary sketch.

00:19:56If you had realised this was a preliminary sketch for an important picture,

00:20:00you wouldn't have removed it and sold it to the Tate Gallery, would you?

00:20:03Not until after the picture was finished, no.

00:20:06The picture was never even begun, was it, Miss Kingsley?

00:20:10No.

00:20:10And that was because this sketch, on which it was to have been based, had disappeared.

00:20:15No, it was because, in my opinion,

00:20:16Emsworth at that stage was quite incapable of getting on with it.

00:20:19Well, I suggest that you knew this was a preliminary sketch for something important,

00:20:23but that you nevertheless removed it.

00:20:24Now, are we to believe that you didn't notice this writing on the back?

00:20:29I mean, didn't you turn the picture over at any time?

00:20:32I may have done, but I didn't particularly notice.

00:20:35Emsworth was in the habit of scribbling on any bits of paper that came to hand

00:20:38if he was suddenly struck by an idea.

00:20:41He made a lot of notes before starting on an important picture.

00:20:45So you did recognise that he was embarking on something of importance?

00:20:49His head was always full of ideas for pictures.

00:20:52They often got no further.

00:20:54Neatly evaded, Miss Kingsley.

00:20:55Now, will you please tell the court exactly how you mounted this picture,

00:20:58step by step, if you wouldn't mind?

00:21:01I found a piece of stiff cardboard, slightly larger than the drawing,

00:21:05and stuck the two together.

00:21:06Stuck the two together how?

00:21:08Oh, with a few drops of rubber solution,

00:21:09just to hold them together, nothing permanent.

00:21:11And this adhesive was placed on the back of the drawing?

00:21:14No, on the cardboard.

00:21:16Then the drawing was placed on top of that,

00:21:19and then I covered it with a mount.

00:21:21And then I covered the whole thing with transparent paper.

00:21:24And you say that in the course of this complicated process,

00:21:27you didn't see that the writing on the back was in fact a will?

00:21:32If I had known what it was,

00:21:34do you really think that I would have taken it and sold it to the Tate?

00:21:37You might have done this, Kingsley, if you wanted to conceal it.

00:21:41Why should I do that?

00:21:42A few minutes ago, you used a certain Latin phrase.

00:21:46What was it again, Miss Kingsley?

00:21:49Cui bono.

00:21:50Meaning that the finger of suspicion points at whoever has gained the most advantage.

00:21:53Now, if this second will had disappeared and never come to light,

00:21:57you would have gained a substantial advantage, would you not, Miss Kingsley?

00:22:01You'd have inherited everything, wouldn't you?

00:22:03I still think that that is what Emsworth wanted.

00:22:08Well, unhappily, we can't call Mr. Emsworth to find out.

00:22:10A deceased person can only speak to us through his will,

00:22:12the last will he made before his death.

00:22:15I don't believe that second will was genuine.

00:22:18I am sure it was a forgery.

00:22:20I am sure that Rose wrote it out and got him to sign it

00:22:23by pretending that it was something else.

00:22:25What other documents can you think of that require the signature of one person

00:22:28to be witnessed by that of two others?

00:22:30I don't know.

00:22:30I wasn't there.

00:22:31But I do know the state of mind that Emsworth would have been in.

00:22:34Excited by some new idea to the point of madness.

00:22:38Covering sheets and sheets of paper with rough sketches.

00:22:41Tearing most of them up and not paying any attention to anything

00:22:43but the work he was trying to do.

00:22:45Now, he would hardly have broken off in the middle of that to make a will.

00:22:48Yes, I can see he may have been in a frenzy of creation,

00:22:50but that is not the same as being mad, is it, Miss Kingsley?

00:22:52Now, Mr. Elliot, the plaintiff has not stated in her evidence

00:22:55that the late Mr. Emsworth was mad.

00:22:58In any case, the question before the court is whether on this particular day,

00:23:01when Miss Kingsley was in London,

00:23:03he comprehended what he was doing.

00:23:07I'm obliged to your lordship.

00:23:09Let us return to the other question before the court.

00:23:11This allegation of yours that the will was forged.

00:23:14Now, you knew Mr. Emsworth's handwriting very well.

00:23:17Yes.

00:23:18I'm sure he didn't write it.

00:23:20Are you familiar with the handwriting of Miss Masseter?

00:23:23Well, I don't think we've ever corresponded as far as I remember,

00:23:27but I've seen it, of course.

00:23:28You don't like Miss Masseter much, do you?

00:23:31We used to get on all right.

00:23:33When you both lived at the cottage.

00:23:36That must have been a very difficult situation.

00:23:38Yes, it was sometimes.

00:23:39But you see, I knew how important she was to Emsworth.

00:23:43She was his favourite model.

00:23:45He used to say that she inspired him.

00:23:48Oh, not intellectually, of course.

00:23:49It was just that he was so enormously excited by her shape.

00:23:54I see.

00:23:56It didn't make you feel jealous at all, did it?

00:23:58Jealous? Of course not.

00:24:01Almost every artist has some recurring obsession,

00:24:04some object that inspires him.

00:24:08With Suzanne, it was apples.

00:24:10With Emsworth, it happened to be Rose.

00:24:12The case of Kingsley v. Messeter

00:24:32will be resumed tomorrow in the Crown Court.

00:24:34The case of Kingsley v. Messeter

00:24:52continues in the Crown Court.

00:24:54It centres on two wills,

00:24:55said to have been made

00:24:56by the eccentric, world-famous painter

00:24:59Martin Emsworth.

00:25:00There were two women in his life,

00:25:02his business manager, Brenda Kingsley,

00:25:04the plaintiff in this action,

00:25:05who gave evidence earlier,

00:25:07and his favourite model,

00:25:08Rose Messeter,

00:25:09who is the defendant in the case.

00:25:11Each claims that she is entitled

00:25:13to inherit the whole of Emsworth's estate.

00:25:16Brenda has described

00:25:17how Emsworth made a will in her favour

00:25:19a month before his death.

00:25:21She was astonished

00:25:22when a second will turned up,

00:25:23written on the back of an Emsworth drawing

00:25:25in the Tate Gallery,

00:25:27which left everything to Rose.

00:25:29She accused Rose of forging it,

00:25:31and getting Emsworth to sign it

00:25:33at a time when he didn't know

00:25:34what he was doing.

00:25:36As we return to court,

00:25:37Mr Elliot, counsel for the defendant,

00:25:39is cross-examining a graphologist

00:25:41who has been called in

00:25:42to give evidence for the plaintiff.

00:25:44Mr Pasker,

00:26:02you've examined the writing

00:26:04on the two wills,

00:26:05and you've given it as your expert opinion

00:26:06that there are marked similarities

00:26:08between them.

00:26:09That is so, yes.

00:26:10And you could not say

00:26:11that they were written

00:26:12by different people.

00:26:14I couldn't possibly say that, no.

00:26:16While there are many similarities,

00:26:18there are also dissimilarities.

00:26:20For example,

00:26:21in the second will,

00:26:22the writing is, generally speaking,

00:26:23more rounded,

00:26:24more flamboyant.

00:26:26Might the circumstances

00:26:27in which the will was written

00:26:28explain this?

00:26:30I'm sorry,

00:26:30I don't quite follow.

00:26:32If Mr Emsworth was drunk,

00:26:33for example,

00:26:34or in a state of high excitement,

00:26:36would that produce a change

00:26:37in the appearance

00:26:38of his handwriting?

00:26:39Yes, yes, of course.

00:26:40But the fundamental style

00:26:41of the writing

00:26:42would remain unchanged.

00:26:44You've seen examples

00:26:44of the defendant's handwriting,

00:26:46haven't you, Mr Pasker?

00:26:47Only those provided

00:26:48by the defence.

00:26:49What do you mean

00:26:50to imply by that?

00:26:51Well, the plaintiff's solicitors

00:26:52were apparently unable

00:26:53to produce any,

00:26:54so of course I must rely

00:26:55on those provided

00:26:55by the defence.

00:26:56The defence did not manifest

00:26:57any reluctance

00:26:58in providing the example

00:26:59of Miss Messeter's handwriting,

00:27:00did they?

00:27:00Oh, no.

00:27:01But it's not quite the same

00:27:02as having independence samples,

00:27:03is it?

00:27:04Why not, Mr Pasker?

00:27:06You're not insinuating,

00:27:07are you,

00:27:07that my client deliberately

00:27:08disguised her handwriting

00:27:09in the examples

00:27:10that we made available?

00:27:11Oh, no, of course not.

00:27:12Good.

00:27:12So you cannot say definitely

00:27:13that the second will

00:27:14was not written

00:27:15by the late Martin Emsworth?

00:27:17I couldn't say so definitely, no.

00:27:19And you cannot say

00:27:19that the second will

00:27:20was written

00:27:21by the defendant,

00:27:21Miss Rose Messeter?

00:27:23No, on the evidence before me,

00:27:24I couldn't possibly say that.

00:27:26Thank you, Mr Pasker,

00:27:27that's all.

00:27:28Do you wish

00:27:29to re-examine, Miss Tate?

00:27:30No, my lord.

00:27:31You may stand down, Mr Pasker.

00:27:34It will please, your lordship,

00:27:36the original drawing

00:27:37mentioned in court

00:27:38has now been made available.

00:27:39Ah.

00:27:40Well, I'm sure we're all

00:27:41very anxious to see it, Miss Tate.

00:27:43My lord,

00:27:43the trustees of the Tate Gallery

00:27:45have expressed a hope

00:27:46that it will be returned to them

00:27:47as soon as possible.

00:27:48When we have finished with it, Miss Tate.

00:27:52I'm sure the jury

00:27:53would like to see it.

00:27:55May it please, your lordship,

00:27:56my next witness

00:27:57is Miss Heather Wynne.

00:28:00Miss Heather Wynne, please.

00:28:11What is your religion?

00:28:12Church of England.

00:28:13You take the book in your right hand

00:28:14and read the words

00:28:15aloud on the card, please.

00:28:16Yes.

00:28:17I swear by almighty God

00:28:18that the evidence I shall give

00:28:19shall be the truth,

00:28:20the whole truth,

00:28:20and nothing but the truth.

00:28:23Is your name Heather Wynne?

00:28:24Yes.

00:28:25And you live at the kennels

00:28:26Shoehanger Lane, Cattleworth?

00:28:28I do, yes.

00:28:28What is your occupation?

00:28:30I'm a qualified veterinary surgeon.

00:28:32Oh, and my sister and I

00:28:33look after dogs

00:28:34while their owners are abroad.

00:28:36You knew the deceased,

00:28:37Martin Ennsworth?

00:28:38Oh, terribly well, yes.

00:28:39I suppose I saw him

00:28:40about once a week.

00:28:42Were these professional visits

00:28:43or social ones?

00:28:44Well, both, really.

00:28:45It was hard to tell

00:28:46which was which.

00:28:47I mean, I'd go there

00:28:47because the cat

00:28:48was having kittens

00:28:49and we'd end up having a party.

00:28:50He was like that.

00:28:51Could you tell us

00:28:52something more about him,

00:28:53his general character?

00:28:55Oh, he was a wonderful

00:28:56old scallywag.

00:28:57He was very bohemian

00:28:58but, of course,

00:28:59one didn't mind

00:28:59because he was so well known.

00:29:00Quite a celebrity

00:29:01in the village.

00:29:02Oh, well, we all loved him, really.

00:29:05Do you remember

00:29:05what happened

00:29:06on August the 12th?

00:29:08Yes.

00:29:09Brenda Kingsley

00:29:10phoned me up

00:29:10and said the goat

00:29:11was poorly

00:29:11and would I go

00:29:12and give it something?

00:29:13At what time

00:29:13did you set off

00:29:14on this errand of mercy?

00:29:16Well, it was about

00:29:16seven o'clock

00:29:17in the evening.

00:29:18Brenda was there

00:29:19and Mr. Emsworth

00:29:20and Rose Messeter

00:29:21was in the kitchen

00:29:22cooking dinner.

00:29:23And after you'd attended

00:29:24to the goat

00:29:24were you asked

00:29:25to do anything else?

00:29:26Yes.

00:29:27Brenda took me

00:29:28on one side

00:29:28and she asked me

00:29:29if I'd witnessed

00:29:29Mr. Emsworth's will

00:29:31and I said,

00:29:31of course,

00:29:32I'd be delighted.

00:29:32Did you see

00:29:33the contents of the will?

00:29:35No, I didn't think

00:29:36it was any of my business.

00:29:37Oh, and anyway,

00:29:37it was folded

00:29:38so I couldn't.

00:29:39No, I just watched

00:29:40while Mr. Emsworth

00:29:41signed his name

00:29:42and then I wrote mine

00:29:43underneath

00:29:43and Rose did the same.

00:29:44I thought you said

00:29:45Rose was in the kitchen.

00:29:47Oh, well, she was

00:29:47but they asked her

00:29:48to come out.

00:29:48And what happened then?

00:29:51Oh, well,

00:29:52we all had a drink

00:29:53to celebrate

00:29:53and I must have said

00:29:57that till about,

00:29:57well, ten o'clock.

00:29:59I know my sister

00:30:00wasn't very pleased

00:30:00when I got home

00:30:01because I was a bit tiddly

00:30:02and she was expecting

00:30:03me for supper.

00:30:04Was Mr. Emsworth tiddly?

00:30:06Yes, a bit.

00:30:07But otherwise quite normal.

00:30:08His usual self, in fact.

00:30:10Oh, yes,

00:30:10he was quite his usual self.

00:30:11Well, he was a bit peculiar

00:30:12but then he always was.

00:30:14Did he appear to you

00:30:15to know what he was doing?

00:30:17About the will, you mean?

00:30:18Oh, yes.

00:30:18Yes.

00:30:20Do you remember

00:30:21another visit you made

00:30:22to Mr. Emsworth's cottage?

00:30:23Yes, it was the night

00:30:24one of the cats had kittens.

00:30:26I knew they were about due

00:30:27and I happened to be passing

00:30:28so I thought I'd drop by

00:30:29and see if they were all right.

00:30:30And the front door was open

00:30:31so I just went straight in.

00:30:33And what did you see?

00:30:35Well, it was all

00:30:36a bit peculiar, really.

00:30:37You see, the front door

00:30:38opens into this big room

00:30:39that they use as a studio

00:30:40and the first thing I saw

00:30:42was Rose prancing about

00:30:43and banging a tambourine.

00:30:45What was she wearing?

00:30:46Well, um,

00:30:47Micklemore's daisies,

00:30:49mainly.

00:30:51Was she otherwise unclothed?

00:30:53Yes.

00:30:53Well, I think so.

00:30:55Who else was there?

00:30:56Oh, the plumber, Mr. Colley.

00:30:57He was sitting on the goat.

00:30:59And what was his attire?

00:31:01Well, I think he had

00:31:02a bunch of grapes.

00:31:06But in spite of this

00:31:07unusual costume,

00:31:08you recognised him?

00:31:09Oh, yes,

00:31:10because he'd just fixed

00:31:11our central heating.

00:31:13And what did you suppose

00:31:14was the explanation

00:31:15of this tableau?

00:31:18Oh, well,

00:31:19I couldn't imagine at first

00:31:20and then I saw that

00:31:20Mr. Emsworth was sketching away

00:31:22so I knew it must be

00:31:23something artistic.

00:31:24Oh, and then when he saw me

00:31:25he said,

00:31:26come on in, Heather,

00:31:26you're just in time.

00:31:27In time for what?

00:31:29Well, at first he pretended

00:31:31that he wanted me to join in

00:31:32but I wasn't having any.

00:31:33And then he explained

00:31:34that he was working

00:31:35on a picture.

00:31:37The Triumph of Bacchus,

00:31:38it was to be called.

00:31:39And apparently the idea

00:31:40was that it should all

00:31:41be happening in the main

00:31:42street of Kettleworth

00:31:43with shopkeepers

00:31:45peering out of their doorways

00:31:46and people peering

00:31:47through lace curtains

00:31:48and, well,

00:31:49it was all quite,

00:31:50it was unusual.

00:31:51Did he say what he was

00:31:52going to do with this painting

00:31:53when he'd finished it?

00:31:54Oh, yes.

00:31:55He said he was going to give it

00:31:56as a present to Rose.

00:31:57And what happened then?

00:31:59Well, I asked where the cat

00:32:00had had her kittens

00:32:01and nobody seemed to know

00:32:02so I had to look round

00:32:03and, of course,

00:32:04she'd had them

00:32:04in the linen cupboard.

00:32:06And then when I came down,

00:32:08Rose said Mr. Emsworth

00:32:09wanted me to sign something.

00:32:10Did she say what it was?

00:32:11No, but I assumed

00:32:13it was something to do

00:32:14with Mr. Emsworth

00:32:14giving her the picture.

00:32:16She was very excited

00:32:16and she had a piece

00:32:18of drawing paper

00:32:18in her hand

00:32:19with writing on it.

00:32:20You're quite sure of that?

00:32:21Oh, positive.

00:32:22She handed it to Mr. Emsworth

00:32:23and he signed it

00:32:24almost without looking.

00:32:26Almost without looking?

00:32:28Well, yes,

00:32:28because, you see,

00:32:28he was very busy

00:32:29with his sketches.

00:32:30I mean,

00:32:31he must have done about,

00:32:32I think,

00:32:32a dozen of them.

00:32:33And he was examining them

00:32:35and tearing up the ones

00:32:36he didn't like

00:32:36and he was singing.

00:32:39And then he took

00:32:40the torn-up bits of paper

00:32:41and he tossed them

00:32:41in the air

00:32:42and he danced.

00:32:43It was a sort of

00:32:44hornpipe, really.

00:32:45Was this the way

00:32:46he usually carried on,

00:32:47Miss Wynne?

00:32:48No, I don't think

00:32:49I'd ever seen him

00:32:49quite like that.

00:32:50Did he appear to you

00:32:51to know what he was doing?

00:32:53Well, I thought

00:32:54he'd gone quite potty.

00:32:55No, Miss Wynne,

00:32:56do you think he was capable

00:32:57of understanding

00:32:58the contents

00:32:58of the document he signed?

00:33:00Well, I shouldn't

00:33:01have thought so, no.

00:33:02As I said,

00:33:02he hardly looked at it.

00:33:04Rose just handed it to him

00:33:05and he wrote his name

00:33:06and then she handed it to me.

00:33:07And what did you think

00:33:08you were signing?

00:33:09Well, I didn't know

00:33:10what it was.

00:33:11Oh, and anyway,

00:33:12she had her hand over it

00:33:13so I couldn't see.

00:33:13Miss Wynne,

00:33:40you told the court

00:33:41that you were a qualified

00:33:42veterinary surgeon.

00:33:43Can I take it

00:33:44that you do not claim

00:33:45any expertise

00:33:46on human disorders?

00:33:47No, the two things

00:33:48are quite separate.

00:33:49Then you're not qualified,

00:33:50are you,

00:33:51to give an opinion

00:33:51as to a person's

00:33:52mental health?

00:33:54Well, anybody

00:33:55can have an opinion.

00:33:56Yours was that

00:33:57Mr. Emsworth

00:33:57was potty.

00:33:59Ah, the second time, yes.

00:34:00But not on the first occasion

00:34:01when he made out a will

00:34:03in favour of your friend,

00:34:04Miss Kingsley.

00:34:05Oh, no, I'm sure

00:34:06he was quite all right then.

00:34:07On that occasion,

00:34:08did you draw any conclusions

00:34:09from the fact

00:34:09that you were asked

00:34:10to be a witness?

00:34:12Conclusions?

00:34:12I'm sorry, I...

00:34:13Did you suppose,

00:34:14for example,

00:34:15that Mr. Emsworth

00:34:15intended to leave you

00:34:17anything?

00:34:18Well, there was no reason

00:34:19why he should.

00:34:20And anyway,

00:34:21a witness has to be someone

00:34:22who's not going to get anything,

00:34:23or so I've always understood.

00:34:25Quite so, Miss Wynne.

00:34:26And the other witness

00:34:27was Rose Messeter.

00:34:28Now, what conclusions

00:34:29did you draw from that?

00:34:31Well, I don't believe

00:34:31I thought about it.

00:34:33Didn't it indicate to you

00:34:35that Rose Messeter

00:34:35was to get nothing?

00:34:37Well, yes,

00:34:38I suppose so.

00:34:39Did you have any idea

00:34:40who was going to inherit

00:34:41Mr. Emsworth's fortune?

00:34:42Well, I assumed

00:34:43he'd leave Brenda something.

00:34:44Well, there was no one else,

00:34:45was there?

00:34:46He could have left it

00:34:47all to charity.

00:34:47He was quite unpredictable,

00:34:48you know.

00:34:49You didn't discuss this

00:34:50with Brenda Kingsley?

00:34:51No, I didn't think

00:34:52it was any of my business.

00:34:53On the 1st of September,

00:34:54when you were again

00:34:54asked to witness

00:34:55Mr. Emsworth's will...

00:34:56Oh, excuse me,

00:34:57I really didn't know

00:34:58it was a will.

00:34:59What did you think it was?

00:35:01A codicil leaving

00:35:02something to Miss Messeter?

00:35:04Well, yes,

00:35:05I suppose I thought

00:35:05something like that, yes.

00:35:07Well, a codicil,

00:35:08if that's what you thought

00:35:08it was.

00:35:09Now, you never said

00:35:09a word about that

00:35:10to Miss Kingsley

00:35:10when she returned

00:35:11from London?

00:35:11No, I didn't.

00:35:12Well, you knew Rose

00:35:13was excluded from the 1st will

00:35:15and here she was

00:35:15getting something after all

00:35:16and you didn't say

00:35:17a word about it

00:35:18to your good friend,

00:35:19Miss Kingsley.

00:35:20No, I didn't.

00:35:21It would have been

00:35:21quite wrong of me.

00:35:22You have a fairly strict

00:35:23sense of morality,

00:35:24Miss Wynne.

00:35:25Well, one tries

00:35:26to preserve one's standards.

00:35:28You must have been shocked

00:35:28when you arrived

00:35:29unexpectedly at the

00:35:30Emsworth cottage

00:35:30and found this

00:35:31bacchanalian scene

00:35:32in progress.

00:35:34Well, I was rather, yes,

00:35:35until it was explained to me.

00:35:37Then you realised

00:35:38that it was all

00:35:39in the cause of art.

00:35:40Oh, well, of course,

00:35:41that made it quite all right.

00:35:43You realised that Mr. Emsworth

00:35:44wasn't so potty after all?

00:35:46Well, you see,

00:35:47it wasn't so much

00:35:47the business with the goat.

00:35:48It was afterwards

00:35:50when he started

00:35:51dancing the hornpipe

00:35:52and making, well,

00:35:53suggestions.

00:35:55Suggestions?

00:35:56To you, Miss Wynne?

00:35:58Oh, what did he say?

00:35:59Oh, honestly,

00:36:00I'd rather not repeat them.

00:36:01They were rather coarse.

00:36:02Oh, come, come, Miss Wynne.

00:36:03We're all adults.

00:36:04What did he say?

00:36:06Well, he said

00:36:07he'd always admired my bust.

00:36:11So he wanted to use you

00:36:12as a model.

00:36:13Oh, no, I don't think

00:36:14that's what he had in mind.

00:36:15And you took that

00:36:18as evidence of insanity?

00:36:20Well, I didn't say

00:36:21he was insane.

00:36:22I said he didn't know

00:36:23what he was doing

00:36:24when he signed the will

00:36:25because Rose just pushed it

00:36:26in front of him.

00:36:27Miss Wynne,

00:36:28did you see Rose

00:36:28write the will?

00:36:30No, but I thought

00:36:31it was very odd

00:36:32that he signed it

00:36:33without looking at it.

00:36:34Well, he wouldn't need to

00:36:35if he had just written it himself,

00:36:36would he?

00:36:38No, I suppose not.

00:36:39It's a perfectly

00:36:40reasonable explanation,

00:36:41is it not?

00:36:43Yes.

00:36:43But I still

00:36:45don't think he wrote it.

00:36:47That is an assumption

00:36:48on your part, Miss Wynne.

00:36:49I shall direct the jury

00:36:50to ignore it.

00:36:52Thank you, Miss Wynne.

00:36:54Thank you, Miss Wynne.

00:36:55My lord,

00:36:56that concludes the evidence

00:36:57for the plaintiff.

00:36:58You may stand down, Miss Wynne.

00:36:59Oh, thank you.

00:37:02Please, Your Lordship,

00:37:03members of the jury.

00:37:06The case for the defendant

00:37:07is a simple one.

00:37:08It rests on the fact

00:37:09that the will

00:37:10of September 1st

00:37:11was properly executed.

00:37:12I shall be calling

00:37:14evidence to show

00:37:14that the deceased

00:37:15knew perfectly well

00:37:16what was in this document

00:37:17and that he fully

00:37:19comprehended

00:37:20what he was doing.

00:37:22Miss Rose Messiter,

00:37:23please.

00:37:24What is your religion, please?

00:37:39Church of England.

00:37:40Take the book in your right hand

00:37:41and read what is on the card.

00:37:45I swear by almighty God

00:37:46that the evidence I shall give

00:37:48shall be the truth,

00:37:49the whole truth,

00:37:50and nothing but the truth.

00:37:51Is your name

00:37:52Rose Gladys Messiter?

00:37:53Yes.

00:37:54You live at

00:37:54Three Holly Close Kettleworth?

00:37:56Yes, that's my mother's place

00:37:57where I'm living now.

00:37:58Before that,

00:37:59where did you live?

00:38:00In Mr. Emsworth's cottage.

00:38:01Were you employed

00:38:02by Mr. Emsworth?

00:38:03Well, I used to do the cooking

00:38:04and I posed as well.

00:38:06He always said

00:38:07I was his favourite model.

00:38:08And when did you first meet

00:38:09Martin Emsworth?

00:38:11In 1965.

00:38:13My dad's a farmer, you see,

00:38:14and I used to take

00:38:15the eggs round for him.

00:38:17Well, I delivered some

00:38:18to Mr. Emsworth

00:38:19and he asked me

00:38:20if I'd like to pose.

00:38:21I said it depended

00:38:22what for and naturally.

00:38:24Well, it turned out

00:38:25he wanted to do me

00:38:26just the way I was.

00:38:28And it wasn't eggs

00:38:29in the basket.

00:38:30It was John the Baptist's head.

00:38:32It was Salome, you see.

00:38:34It's in the Metropolitan Museum.

00:38:36Soon after that,

00:38:37you moved into the cottage.

00:38:38That's right.

00:38:39Did your parents

00:38:39raise any objections

00:38:40at that time?

00:38:41Well, I was over 21.

00:38:43Did anybody else

00:38:43raise objections?

00:38:45She didn't like it much.

00:38:46She?

00:38:47Brenda Kingsley.

00:38:49Why was that?

00:38:51Did she model

00:38:51for Mr. Emsworth?

00:38:53No, she wasn't his type.

00:38:55No, she looked after

00:38:55all the business side of things.

00:38:57And what was Mr. Emsworth's

00:38:58attitude to money,

00:38:59would you say?

00:39:00Oh, he used to chuck it about,

00:39:02rather, unless Brenda stopped him.

00:39:04He always said

00:39:04it had no place

00:39:05in an artist's life.

00:39:07Would you describe him

00:39:08as a generous man?

00:39:09Well, in some ways,

00:39:10but very mean in others.

00:39:12If someone went up to him

00:39:13in a pub

00:39:14and gave him

00:39:14a hard luck story,

00:39:15he'd give him

00:39:16everything he'd got,

00:39:17even if they were

00:39:18obviously conning him.

00:39:19And then there'd be

00:39:20no money left,

00:39:21you know,

00:39:21for food and everything.

00:39:23So we had to live

00:39:24on fish and chips,

00:39:25because he could get

00:39:25those on tick.

00:39:27And the other thing

00:39:28was that he hated

00:39:29spending money

00:39:30on materials,

00:39:31you know,

00:39:31paint and canvas

00:39:32and turps

00:39:32and all that kind of thing.

00:39:34He was daft, really,

00:39:35seeing as that's

00:39:36how he made his living.

00:39:37Well, how did he manage

00:39:38if he didn't buy materials?

00:39:40Oh, well,

00:39:40he used to use anything

00:39:41that came to hand.

00:39:42And if he wasn't

00:39:43satisfied with a picture,

00:39:44he'd paint another one

00:39:45on top of it.

00:39:46He used to drive

00:39:47Brenda mad when he did that.

00:39:49Why?

00:39:50Well, she could have sold

00:39:51both of them,

00:39:51couldn't she?

00:39:52Ah, during the years

00:39:55you spent with Mr. Emsworth,

00:39:57did you ever talk to him

00:39:58about a will?

00:39:59You mean before the one

00:40:00he made to me?

00:40:01Yes.

00:40:01No?

00:40:03The first will was made

00:40:03on August the 12th.

00:40:05That's right.

00:40:06But even though then

00:40:07I didn't know it was a will,

00:40:08I thought it was a mortgage

00:40:10or something.

00:40:11I don't understand all that.

00:40:13Anyway,

00:40:13he said he had something to sign

00:40:15and would I witness

00:40:16his signature?

00:40:18Miss Wynne, the vet,

00:40:18did it too.

00:40:19But I didn't think

00:40:20it was anything important.

00:40:21You realise now

00:40:22it was a will.

00:40:23Yes,

00:40:24but I should have known

00:40:25at the time really

00:40:25because after it happened

00:40:27Brenda was so pleased

00:40:28with herself

00:40:29and I did wonder

00:40:30why she was carrying

00:40:31on like that.

00:40:32Carrying on like what,

00:40:33Miss Messeter?

00:40:34Oh, bossing everyone around.

00:40:36Me mostly.

00:40:37Regular lady of the manor.

00:40:39And she seemed to take

00:40:40a different attitude

00:40:41to Emsworth too.

00:40:43Always making him

00:40:44get on with it,

00:40:45do a bit of painting

00:40:46or a bit of drawing

00:40:47or something.

00:40:48When he'd much rather

00:40:48have gone down

00:40:49to the baker's arms.

00:40:50Did he in fact

00:40:51increase his production

00:40:52as a result of this?

00:40:53No, he got thoroughly fed up.

00:40:55Wouldn't you

00:40:56with her nagging at you

00:40:57all the time?

00:40:58Now the best way

00:40:59to stop Emsworth

00:41:00doing anything

00:41:00was to tell him

00:41:01he'd got to.

00:41:02But to your knowledge

00:41:03did he complain

00:41:04about this nagging

00:41:04as you call it?

00:41:06Yes, I heard them

00:41:07have a flaming row.

00:41:08Do you remember

00:41:09when that was?

00:41:09Yeah, August the 27th.

00:41:12They were in the studio

00:41:13and I was in the kitchen

00:41:14but I could hear every word.

00:41:17Brenda wanted him

00:41:17to sell some pictures

00:41:18but he wasn't having any.

00:41:20There were always

00:41:20some he wouldn't sell.

00:41:22Sort of sentimental value

00:41:23I suppose.

00:41:24Was the household

00:41:25particularly short

00:41:26of money at that time?

00:41:27Oh, no worse than usual.

00:41:28Did Miss Kingsley say

00:41:29why she was anxious

00:41:30to sell his pictures?

00:41:32She said he'd better sell

00:41:33them while he was

00:41:34still in fashion.

00:41:35What do you think

00:41:36she meant by that?

00:41:37I don't think

00:41:38she was just being nasty.

00:41:40Did Mr Emsworth

00:41:41or Miss Kingsley

00:41:41say anything to you

00:41:42about this quarrel?

00:41:43Well, she didn't

00:41:44but he said afterwards

00:41:46he'd be better off

00:41:46living with a tax inspector.

00:41:48Did he elaborate on that?

00:41:50Yes, he said

00:41:51every time he put on

00:41:53a splash of paint

00:41:54he felt Brenda

00:41:55was looking over his shoulder

00:41:56tutting up the worth of it.

00:41:58He said if she carried on

00:41:59like that

00:42:00he'd never paint another thing.

00:42:02And he said anyway

00:42:03he wouldn't be surprised

00:42:04if she'd sold a couple

00:42:05without telling him

00:42:06and kept the money

00:42:07for herself.

00:42:09What did you say to that?

00:42:11I said I thought

00:42:12it would be a shame

00:42:12if he stopped working

00:42:13now that he was so famous

00:42:15and that he shouldn't

00:42:16let Brenda get at him.

00:42:18I said he should ignore

00:42:19and get on with it.

00:42:21He looked at me

00:42:22and he said

00:42:23Rose, you always

00:42:24were my inspiration.

00:42:27Wasn't that nice?

00:42:28Yes.

00:42:30Let us come to

00:42:31September the 1st.

00:42:32Do you remember that?

00:42:33Yes, I do.

00:42:35Brenda had gone to London

00:42:35to see about an exhibition

00:42:37and that was a bit

00:42:37of a relief to both of us.

00:42:39Me and Emsworth

00:42:40that is.

00:42:42He was all sort of

00:42:43in a good mood

00:42:44and was talking about

00:42:44a new picture

00:42:45he was going to paint.

00:42:46It was just like

00:42:47old times really.

00:42:48Did he mention

00:42:49the subject of this picture?

00:42:51Well at first

00:42:52it was just going to be me

00:42:53dancing down the main street

00:42:54of Kettleworth

00:42:55in a sort of

00:42:56ancient Greek costume.

00:42:58We talked about it

00:42:59at supper

00:42:59and then there was

00:43:00a ring at the front doorbell

00:43:02and it was Wally.

00:43:02That would be

00:43:03Walter Colley.

00:43:04Yes, he's the plumber.

00:43:05The sinker got blocked up

00:43:06again you see.

00:43:07Well when he came in

00:43:09and Emsworth sort of

00:43:10jumped up and down

00:43:11and said

00:43:11that's it

00:43:12Bacchus.

00:43:13Bacchus?

00:43:14Well yes,

00:43:15he thought Wally

00:43:15looked like him apparently.

00:43:17So he rushed about

00:43:18fixing it all up

00:43:19with flowers and grapes

00:43:20and everything

00:43:20and I had to go

00:43:21and fetch the goat.

00:43:23Now what sort of condition

00:43:24was Mr Emsworth in?

00:43:25Oh he was very excited

00:43:26about the new picture.

00:43:27Excited yes

00:43:28but did he seem

00:43:29abnormal in any way?

00:43:31No, he always

00:43:32carried on like that

00:43:32when he got some new idea.

00:43:34It might have looked

00:43:35a bit funny to anyone

00:43:35who didn't know him

00:43:36but it was the artistic

00:43:37temperament, you know.

00:43:40And after you fetched

00:43:41the goat

00:43:42what happened then?

00:43:43Well it took some minutes

00:43:44because it was asleep

00:43:45and didn't want

00:43:46to be woken up.

00:43:47And by the time

00:43:48I got back

00:43:49Emsworth had decided

00:43:50that he wanted

00:43:51Wally sitting on the goat

00:43:52and me dancing

00:43:53along behind

00:43:54with a tambourine.

00:43:56Well we tried that

00:43:56in various ways

00:43:57and then he started

00:43:58sketching.

00:43:59He always liked

00:44:00to do a lot of sketches

00:44:01before he put anything

00:44:01on canvas.

00:44:03Well there we were

00:44:04keeping fairly still

00:44:05except when Wally

00:44:06got the giggles

00:44:07not being used to posing

00:44:08you know.

00:44:10And then the door opened

00:44:11and Miss Wynne

00:44:12the vet came in.

00:44:13She must have been

00:44:14fairly surprised

00:44:14by what she saw.

00:44:16Yes I think she was

00:44:16but she's a good sport really.

00:44:18And Emsworth explained

00:44:19of course about the picture

00:44:20that it was

00:44:21the triumph of Bacchus

00:44:23and so on.

00:44:24And then he put his arm

00:44:25round me and he said

00:44:26this is going to be

00:44:27Rose's picture.

00:44:29I thought he meant

00:44:30that I'd encourage him

00:44:31to start working again

00:44:32but he said no.

00:44:34When it was finished

00:44:35he was going to give it to me.

00:44:37And this was said

00:44:38in Miss Wynne's presence?

00:44:39Yes.

00:44:40But then she went off

00:44:41to look for the cat

00:44:41who was having kittens.

00:44:43Oh and Wally said

00:44:43could he go to the toilet please?

00:44:46And then me and Ems

00:44:47were left alone.

00:44:49And I said

00:44:50really he shouldn't

00:44:51give me anything

00:44:52as valuable as that.

00:44:54And he looked at me

00:44:55ever so serious

00:44:56and he said

00:44:57really I should have

00:44:58more than one picture.

00:45:01He'd like to give me

00:45:02everything.

00:45:04Everything?

00:45:05Yes that's what he said.

00:45:06And he had a new sheet

00:45:07of paper in his hand

00:45:08and a felt pen

00:45:09and he started writing

00:45:10something down

00:45:10very quickly.

00:45:11When he showed it to me

00:45:13I saw that it was

00:45:14well

00:45:14like a will.

00:45:16Now is this the paper

00:45:18that he was writing on?

00:45:20Exit number two

00:45:21my lord.

00:45:28Yes that's it.

00:45:30Now I've never seen

00:45:31that before.

00:45:32He must have done it later.

00:45:34Now when he finished

00:45:35writing

00:45:35did the others come back?

00:45:37Well yes

00:45:38I was reading

00:45:39what he'd written

00:45:40when Heather came back

00:45:41and said the cat

00:45:42had had four kittens

00:45:42in the linen cupboard

00:45:43and then Wally

00:45:44came back too.

00:45:45Did you say anything

00:45:46to them about the will?

00:45:47No of course not.

00:45:48Was there though

00:45:49some conversation

00:45:49about witnessing

00:45:50Emsworth's signature?

00:45:52Yes he asked

00:45:53Heather and Wally

00:45:53if they'd do it.

00:45:54Did they agree?

00:45:56Yes.

00:45:57He signed

00:45:57and then they signed

00:45:58underneath where he'd signed.

00:46:00Do you know

00:46:01what happened

00:46:01to that document afterwards?

00:46:04No I've no idea.

00:46:05I think he just

00:46:06put it down

00:46:06with some papers

00:46:07and went on sketching.

00:46:08You didn't see him

00:46:09do that drawing?

00:46:10No I didn't.

00:46:11And before his death

00:46:13on the 13th of September

00:46:14did he mention

00:46:15the will again?

00:46:16No he didn't.

00:46:18But I didn't think

00:46:19he would somehow.

00:46:20Because I'm sure

00:46:20as far as he was concerned

00:46:21it was all over

00:46:22and done with.

00:46:23Like I said

00:46:23he never liked

00:46:24talking about money.

00:46:26Did you mention

00:46:26the will to him?

00:46:27No I didn't.

00:46:29How did Mr. Emsworth die?

00:46:31We had a heart attack.

00:46:33After his death

00:46:34you expected

00:46:35to inherit

00:46:35all his property

00:46:36under that will

00:46:36dated September the 1st.

00:46:38Well yes

00:46:39but the day

00:46:40after the funeral

00:46:41Brenda said

00:46:42something about

00:46:43I'd have to

00:46:43leave the cottage

00:46:44and I said

00:46:45why?

00:46:46And she told me

00:46:47that he'd made

00:46:48a will.

00:46:49So I said

00:46:50when?

00:46:51So she said

00:46:52the 12th of August.

00:46:54Well I didn't see

00:46:55how that could be

00:46:56and I said

00:46:57well he must have

00:46:58changed his mind then

00:46:58because on the 1st of September

00:47:00he'd left everything

00:47:01to me.

00:47:03What did she reply

00:47:04to that?

00:47:05She said

00:47:06where is it then?

00:47:07Of course

00:47:07I didn't know

00:47:08did I?

00:47:09I looked everywhere

00:47:09I could think of

00:47:10but I couldn't find it

00:47:11and Brenda said

00:47:12obviously

00:47:13he must have

00:47:13torn it up.

00:47:14Did you think

00:47:15he had?

00:47:15No not really

00:47:16but he might have

00:47:17done if she'd

00:47:18been nagging him

00:47:18again.

00:47:20When did you

00:47:20first learn

00:47:20that the will

00:47:21of September the 1st

00:47:22was still in existence?

00:47:24Well about a week

00:47:25later

00:47:25I had a letter

00:47:26from the Tate Gallery

00:47:27saying it had

00:47:28turned up

00:47:29and that I ought

00:47:30to get my legal

00:47:31advisor to look

00:47:31into it.

00:47:32And your legal

00:47:33advisor did?

00:47:34No I didn't

00:47:35have one

00:47:35but I got one.

00:47:36And is that

00:47:37the document

00:47:38that Mr Emsworth

00:47:38wrote out

00:47:39and signed?

00:47:42Yes it is.

00:47:43When he did so

00:47:44would you say

00:47:45that he was

00:47:46in full possession

00:47:47of his mental

00:47:47faculties?

00:47:48Of course he was.

00:47:50I know lots of

00:47:51people in the village

00:47:51thought he wasn't

00:47:52right in the head

00:47:53but that wasn't

00:47:54right.

00:47:54It's just that

00:47:55they don't understand

00:47:56how artistic people

00:47:57carry on.

00:47:58I mean it stands

00:47:59to reason.

00:48:00If he'd been mad

00:48:01he wouldn't have

00:48:01made so much money.

00:48:06The case of

00:48:30Kingsley versus

00:48:31Messeter will be

00:48:32resumed tomorrow

00:48:32in the Crown Court.

00:48:34This drawing

00:48:49of The Triumph

00:48:50of Bacchus

00:48:50by the late

00:48:51Martin Emsworth

00:48:52was sold

00:48:53to the Tate Gallery

00:48:54by his manager

00:48:55and companion

00:48:56Brenda Kingsley.

00:48:58When he died

00:48:59a few weeks later

00:49:00a document

00:49:00was found

00:49:01on the back

00:49:01of it

00:49:02which seemed

00:49:02to be a will

00:49:03leaving everything

00:49:04to his favourite

00:49:05model Rose Messeter.

00:49:08In this civil action

00:49:09Brenda is asking

00:49:10the court

00:49:11to set this will

00:49:12aside

00:49:12on the grounds

00:49:13that it was forged

00:49:14by Rose

00:49:15and that Emsworth

00:49:16was not capable

00:49:17of understanding

00:49:18its contents

00:49:19when he signed it.

00:49:20One of the main

00:49:21questions in the case

00:49:22is where the dividing

00:49:24line should be drawn

00:49:25between the admittedly

00:49:26eccentric behaviour

00:49:27of an artist

00:49:28like Emsworth

00:49:29and actual

00:49:30mental incapacity.

00:49:32Rose Messeter

00:49:33is still in

00:49:34the witness box

00:49:34about to be

00:49:35cross-examined

00:49:36by Miss Helen Tate.

00:49:37On August the 12th

00:49:55Miss Messeter

00:49:55when you were asked

00:49:56to witness

00:49:57Mr. Emsworth's signature

00:49:58did you really have

00:49:59no idea

00:50:00what the document

00:50:01might be?

00:50:01It could have been

00:50:02anything couldn't it?

00:50:03No it couldn't.

00:50:05I put it to you

00:50:05that a document

00:50:06signed by Mr. Emsworth

00:50:08and countersigned

00:50:09by two witnesses

00:50:09could only have been

00:50:11Mr. Emsworth's will.

00:50:12I don't understand

00:50:13things like that.

00:50:14Are you aware though

00:50:15that a person

00:50:16who is asked to witness

00:50:16the signing of a will

00:50:17cannot possibly be

00:50:19a beneficiary?

00:50:20A penny what?

00:50:21Oh come Miss Messeter

00:50:22the word has been used

00:50:23on numerous occasions

00:50:24in this court.

00:50:26I suggest that

00:50:27when you were asked

00:50:27to be a witness

00:50:28it was immediate

00:50:29indication to you

00:50:31that you were

00:50:31to inherit nothing.

00:50:32I never even

00:50:33thought about it.

00:50:34You're saying

00:50:34that here you are

00:50:35living with this

00:50:36world famous man

00:50:37many years your senior

00:50:38whose work commanded

00:50:40enormous prices

00:50:41and you never thought

00:50:42whether he'd provide

00:50:43for you when he died.

00:50:44Why should he?

00:50:45Because in addition

00:50:46to being his favourite

00:50:47model and his inspiration

00:50:49as you've told the court

00:50:50you were also

00:50:51his mistress weren't you?

00:50:52Well yes

00:50:53but only sometimes.

00:50:55And what are we

00:50:55to understand by that?

00:50:57Well sometimes

00:50:57it was me

00:50:58and sometimes

00:50:58it was Brenda.

00:50:59You mean there was

00:51:00some sort of

00:51:01roster system?

00:51:02No it just depended

00:51:03what kind of mood

00:51:03he was in.

00:51:04Sometimes it wasn't

00:51:05either of us

00:51:06it was some other lady

00:51:07he'd taken a fancy to.

00:51:08A regular harem in fact.

00:51:10Sounds more like

00:51:11a barnyard Miss Tate.

00:51:13And since the deceased

00:51:14is not here to defend himself

00:51:15perhaps you will

00:51:16confine yourself

00:51:17to what is relevant.

00:51:19It must have been

00:51:20rather difficult

00:51:21to sustain this

00:51:22menage a trois.

00:51:23I beg your pardon?

00:51:25Oh I'm so sorry

00:51:26I was forgetting

00:51:27how innocent you were.

00:51:29A menage a trois

00:51:30wise a phrase

00:51:30coined by the

00:51:31lascivious French

00:51:32to describe the situation

00:51:33when two ladies

00:51:34share the affections

00:51:35of one gentleman.

00:51:36Oh.

00:51:37Or any combination

00:51:37of three my lord.

00:51:40Nice.

00:51:41I repeat the question

00:51:42was it not rather

00:51:43difficult to sustain?

00:51:45For him

00:51:45or for us?

00:51:47I was referring

00:51:48to yourself

00:51:48and Miss Brenda Kingsley

00:51:49there must have been

00:51:50a good deal of jealousy

00:51:51between you.

00:51:52I wouldn't say that.

00:51:53But you didn't

00:51:53get on too well.

00:51:55Well we had a few

00:51:56disagreements naturally

00:51:57like I said

00:51:57she could be very bossy.

00:51:59It must have annoyed

00:52:00you very much

00:52:00when you discovered

00:52:01that Emsworth

00:52:01was leaving all

00:52:02his property to her.

00:52:04I didn't know that

00:52:05did I?

00:52:05Very well.

00:52:06Supposing you had

00:52:07found out

00:52:07would you have

00:52:08considered it unfair?

00:52:09Miss Tate.

00:52:10Yes I would.

00:52:11You might even

00:52:12have considered

00:52:12how to set about

00:52:13reversing the situation.

00:52:15Look I didn't know

00:52:16did I?

00:52:17I mean Miss

00:52:18Kingsley didn't tell me

00:52:20and Mr. Emsworth

00:52:21never said a word.

00:52:22You're saying

00:52:23that he never told you

00:52:24about the first

00:52:24well even when

00:52:25he made out the second?

00:52:26Yes he never said

00:52:27anything about it.

00:52:29Like I said

00:52:30he didn't like

00:52:30talking about money.

00:52:32But you said

00:52:33on August the 27th

00:52:34you had quite a

00:52:35frank discussion

00:52:36with him about

00:52:36his financial affairs.

00:52:38You said he accused

00:52:39Miss Kingsley

00:52:40of having cheated him.

00:52:41Well he was upset

00:52:42he'd just been

00:52:42having a row with her.

00:52:43Miss Kingsley says

00:52:44she doesn't remember that.

00:52:45No she wouldn't

00:52:46because it doesn't

00:52:47suit her to.

00:52:47But of course

00:52:48it suits you very well

00:52:49doesn't it Miss Meseter

00:52:50to remember a row

00:52:51between Mr. Emsworth

00:52:52and Miss Kingsley.

00:52:53It lends credence

00:52:54to your story

00:52:55that he changed

00:52:55his will

00:52:56cutting her out

00:52:57and leaving everything

00:52:58to you.

00:52:59You don't have to

00:53:00believe me

00:53:00if you don't want to.

00:53:01The will's there

00:53:02isn't it?

00:53:03You said that

00:53:03during that conversation

00:53:04Mr. Emsworth complained

00:53:06that Brenda's nagging

00:53:07was preventing him

00:53:08from painting.

00:53:09Now wasn't this

00:53:10lack of productivity

00:53:10rather due to

00:53:12the drinking

00:53:13and the losses

00:53:14of his powers

00:53:15of concentration?

00:53:16No it's because

00:53:16she was getting at him

00:53:17all the time.

00:53:18He hadn't been able

00:53:19to do any work

00:53:20for weeks.

00:53:21But fortunately

00:53:21for posterity

00:53:22you laid a soothing

00:53:23hand on his brow

00:53:24and inspired him

00:53:25to paint a masterpiece.

00:53:27I didn't say that

00:53:28he did.

00:53:29But as he's no longer here

00:53:30we have to take

00:53:30your word for it.

00:53:32Now let's consider

00:53:33the somewhat bizarre

00:53:34events of September

00:53:35the 1st

00:53:36when Miss Kingsley

00:53:37was away

00:53:37and you had

00:53:38Mr. Emsworth

00:53:39to yourself.

00:53:40Was he very drunk

00:53:41on this occasion?

00:53:42Oh he was never

00:53:42very drunk.

00:53:43Intoxicated though?

00:53:44Well it was hard

00:53:45to tell with Emsworth.

00:53:46You mean his normal

00:53:46behaviour was so eccentric

00:53:48that it was impossible

00:53:49to tell whether he was

00:53:49drunk or not?

00:53:50He certainly wasn't

00:53:51any worse than usual.

00:53:52It was quite normal

00:53:53for example

00:53:54for him to greet

00:53:55the plumber

00:53:56who'd come to mend

00:53:56the drain

00:53:57with a request

00:53:58to remove his clothes

00:53:59and play the part

00:54:00of Bacchus.

00:54:01I know it sounds

00:54:01peculiar if he didn't

00:54:02know Emsworth.

00:54:03But had he ever

00:54:04done anything like

00:54:05this before?

00:54:05Seize upon a tradesman

00:54:06get him to strip

00:54:07and turn him

00:54:07into a model?

00:54:08Not quite like that

00:54:09no but you never

00:54:10knew what he was

00:54:11going to do next.

00:54:12All right.

00:54:13He was in his

00:54:13normal playful mood

00:54:15and he suddenly

00:54:15had this inspiration

00:54:16to depict the plumber

00:54:17as Bacchus

00:54:18and you presumably

00:54:19as a Bacchante.

00:54:20Now you may not

00:54:21have been surprised

00:54:22by this

00:54:22but were you

00:54:22surprised however

00:54:23when he announced

00:54:24that he was going

00:54:25to paint this

00:54:26particular picture

00:54:26for you?

00:54:28Yes I was rather.

00:54:29Presumably you knew

00:54:30the value of the gift.

00:54:31I knew it would be

00:54:32worth a lot of money.

00:54:33Had you any idea

00:54:34how much?

00:54:35Oh five thousand

00:54:35pounds at least.

00:54:37Did you gather

00:54:37that he was going

00:54:38to give it to you

00:54:38straight away?

00:54:39When it was finished

00:54:40yes.

00:54:40He didn't say

00:54:41you'd have to wait

00:54:41until he died?

00:54:43No he didn't.

00:54:43All he said was

00:54:44he wanted me to have it.

00:54:46Then there would

00:54:46have been no reason

00:54:47for him to put that

00:54:47in writing would there?

00:54:49I beg your pardon?

00:54:50Well Miss Heather Wynne

00:54:51was under the impression

00:54:51that she was witnessing

00:54:52a codicil

00:54:53giving this picture

00:54:55as a specific legacy

00:54:56to you.

00:54:57Well I don't know

00:54:57why she thought that.

00:54:59Nobody said it was

00:55:00what you said.

00:55:01Well it would have been

00:55:02necessary to make

00:55:03a codicil

00:55:03wouldn't it

00:55:05to cover a particular

00:55:06bequest?

00:55:07But it wasn't a bequest

00:55:08he was giving it to me

00:55:09as a present.

00:55:10A gift inter vivos.

00:55:12What?

00:55:13From one living person

00:55:14to another.

00:55:15Oh.

00:55:16Now to return to

00:55:17Mr. Emsworth's

00:55:18state of mind

00:55:19on the evening in question

00:55:20you said I think

00:55:21that for some time past

00:55:22he'd not been doing

00:55:23any painting.

00:55:24No he seemed very depressed

00:55:26and couldn't get down

00:55:26to anything.

00:55:27I think it was because

00:55:28of Brenda watching him

00:55:29all the time.

00:55:30He knew that if he did

00:55:31paint anything

00:55:31she'd take it away

00:55:33and sell it.

00:55:34To buy food

00:55:35and pay the gas bill

00:55:36and so on.

00:55:37Oh Emsworth never

00:55:37looked on it like that.

00:55:39He said it was like

00:55:40having his children

00:55:41taken off to the

00:55:41slave market.

00:55:43To put it mildly

00:55:44he wasn't a very

00:55:45practical man.

00:55:47No he was like

00:55:47a baby really.

00:55:48And that's why

00:55:49Miss Kingsley

00:55:49had to look after him.

00:55:51I did too.

00:55:52And this rather

00:55:52childlike person

00:55:53who'd been in the

00:55:54depths of depression

00:55:55for several weeks

00:55:56was suddenly inspired

00:55:57by you to start

00:55:58work again.

00:55:59Yes he was like that

00:56:00something would start

00:56:00him off and he'd

00:56:01get all excited.

00:56:02Excited in a childlike way?

00:56:03Yes.

00:56:04That's why people

00:56:04thought he was a bit

00:56:05peculiar really.

00:56:06He sort of lived

00:56:07in a world of his own.

00:56:08When he was working

00:56:09he never noticed

00:56:10the time

00:56:11and he didn't

00:56:11stop to eat.

00:56:12He could talk to him

00:56:13and he didn't even hear.

00:56:14In a community

00:56:15like Kettleworth

00:56:16that must have

00:56:16seemed very eccentric

00:56:17almost mad in fact.

00:56:19Well they may have

00:56:19thought he was mad

00:56:20but they don't know

00:56:21anything about art.

00:56:22But he wasn't mad at all.

00:56:24It's just that

00:56:24when he was concentrated

00:56:25on a picture

00:56:26he couldn't think

00:56:27of anything else.

00:56:28He couldn't think

00:56:29of anything else?

00:56:30No nothing.

00:56:31And you're saying

00:56:32are you Miss Messeter

00:56:33that in the middle

00:56:34of this creative frenzy

00:56:35when the normal events

00:56:36he would have been

00:56:36unable to think

00:56:37of anything but his picture

00:56:38he suddenly broke off

00:56:40in order to compose a will.

00:56:42Yes that's what he did.

00:56:43But he could have done

00:56:44that later

00:56:44at a more convenient time

00:56:46when his inspiration

00:56:47was no longer

00:56:48at white heat.

00:56:49Well he could have done

00:56:49but he didn't.

00:56:50He wanted to do it

00:56:51straight away.

00:56:52In case all this

00:56:52creative excitement

00:56:53caused him to drop down

00:56:54dead perhaps.

00:56:56Why was he in such a hurry

00:56:57do you think?

00:56:58Well he may have wanted

00:56:58to do it before

00:56:59Brenda got back

00:57:00from London.

00:57:01But if he did

00:57:02what you said he did

00:57:03it really was the most

00:57:04extraordinary thing

00:57:05for him to do

00:57:06wasn't it?

00:57:06I mean there he was

00:57:08sketching away

00:57:09covering sheet after sheet

00:57:10of paper with sketches

00:57:11for something that was

00:57:12going to be his masterpiece

00:57:13and then suddenly

00:57:14he changes gear

00:57:15and he starts writing

00:57:17out a legal document.

00:57:19Oh in the brief interval

00:57:21while the plumber

00:57:21was in the lavatory

00:57:22and the lady vet

00:57:23was attending to the cat.

00:57:25Well all I can tell you

00:57:26is that that's what happened.

00:57:27And he'd never even

00:57:27talked about a will

00:57:28before you said?

00:57:29No he hadn't.

00:57:30And this childlike man

00:57:31this otherworldly man

00:57:33suddenly took a blank

00:57:35piece of paper

00:57:35and started writing

00:57:36a legal document.

00:57:37You're really asking

00:57:38us to believe that?

00:57:39Well that's what he did

00:57:40anyway.

00:57:41It would be somewhat

00:57:43more credible

00:57:44if you had written

00:57:45the will.

00:57:45Why should I have done that?

00:57:47You had a shrewd

00:57:48suspicion didn't you

00:57:49that he'd left

00:57:49everything to Brenda

00:57:50Kingsley and you were

00:57:51determined to put

00:57:51a stop to it.

00:57:52I didn't know

00:57:53anything of the sort.

00:57:54He could have left it

00:57:55all to the old cat's

00:57:56home for all I knew.

00:57:57Well if you thought

00:57:57that I'm surprised

00:57:58you remained on such

00:57:58good terms with

00:57:59Mr. Emsworth's cats.

00:58:00You don't like

00:58:01Miss Kingsley do you?

00:58:02She's alright.

00:58:03I don't have anything

00:58:03particular against her

00:58:05if that's what you mean.

00:58:05Then why did you come

00:58:06into this court

00:58:07and quite gratuitously

00:58:08reveal that she was

00:58:10Mr. Emsworth's mistress?

00:58:11She was from time to time.

00:58:13It's not a very nice thing

00:58:14for one woman to say

00:58:15about another is it?

00:58:16I'm supposed to be here

00:58:17to tell the truth

00:58:18aren't I?

00:58:19Miss Tate

00:58:20it was the fact

00:58:20that you asked

00:58:21Miss Messeter

00:58:22about her sexual relations

00:58:23with Mr. Emsworth

00:58:24that invited the evidence

00:58:25that you're complaining about.

00:58:27Quite so my lord.

00:58:28I suggest that the truth

00:58:31is that you watched

00:58:32and waited until

00:58:32the opportunity

00:58:33arose for you

00:58:35to put before

00:58:35Mr. Emsworth

00:58:36for his signature

00:58:37a document

00:58:38you yourself

00:58:39had written.

00:58:41No I didn't.

00:58:42It's all lies.

00:58:42He wrote it.

00:58:43Mr. Emsworth

00:58:44wrote that will

00:58:45and you won't get me

00:58:45to say anything else

00:58:46so you might as well

00:58:47shut up.

00:58:51Miss Messeter

00:58:51do you realise

00:58:53that it doesn't make

00:58:54the slightest difference?

00:58:55What?

00:58:56It makes no difference

00:58:57whether Mr. Emsworth

00:58:57actually wrote the will

00:58:59if the contents

00:59:00were dictated by him

00:59:01and he understood them.

00:59:03Then what do you

00:59:03keep getting at me for?

00:59:04I was giving you

00:59:05the opportunity

00:59:06somewhat belatedly

00:59:07to tell the truth.

00:59:09Now it doesn't much matter

00:59:10if you wrote the will

00:59:11but what does matter

00:59:12is if you've been lying

00:59:14to the court about it

00:59:15because then

00:59:16we'll want to know why.

00:59:19You did write out

00:59:20that will Miss Messeter

00:59:20didn't you?

00:59:21Yes.

00:59:26I didn't quite catch

00:59:27what the defendant said.

00:59:28She said she did

00:59:29write out the will my lord.

00:59:31Well then why did she

00:59:32say she hadn't?

00:59:33You've been lying

00:59:34haven't you?

00:59:36Yes.

00:59:37You wrote it out

00:59:38and got him to sign it.

00:59:40It wasn't like that.

00:59:42He dictated it.

00:59:43He told me what to put in it.

00:59:45Then perhaps you'll now

00:59:45tell the court

00:59:46why you wrote it out

00:59:47in what has been described

00:59:48as a bad copy

00:59:49of Mr. Emsworth's writing.

00:59:51I didn't.

00:59:53I always write like that.

00:59:55You see

00:59:55when I first went

00:59:56to the cottage

00:59:56I couldn't read or write

00:59:58and Mr. Emsworth

00:59:59taught me.

01:00:00So of course

01:00:01my writing looks like it.

01:00:02It's only natural

01:00:03isn't it?

01:00:04Walter Stanley Colley.

01:00:27I am.

01:00:28You live at two railway

01:00:29villas Kettleworth.

01:00:30That's right.

01:00:30What is your occupation?

01:00:31I'm a sanitary engineer sir.

01:00:33Colloquially

01:00:34you might be referred to

01:00:34as a plumber.

01:00:35Yes sir.

01:00:36Do you remember

01:00:37paying a visit

01:00:37to the late

01:00:38Martin Emsworth's home

01:00:39on September the 1st?

01:00:40I'm not likely

01:00:41to forget it sir.

01:00:42I went round

01:00:43to fix a block strain

01:00:44and the minute

01:00:45Mr. Emsworth

01:00:45seen me

01:00:46he took one look

01:00:46and he said

01:00:47Bacchus.

01:00:48What do you think

01:00:48he meant by that?

01:00:49Well I didn't think

01:00:50anything sir

01:00:50but later on

01:00:51he explained

01:00:51that I resembled

01:00:53the legendary

01:00:53god of wine.

01:00:55What happened then?

01:00:56Well then he suggested

01:00:57that I should remove

01:00:58my clothing

01:00:58and stand quite still

01:00:59while he painted me.

01:01:01Were you pleased

01:01:02or embarrassed

01:01:03by this suggestion?

01:01:04Well I thought

01:01:05it was a bit of a giggle

01:01:05really.

01:01:06All in a day's work

01:01:07you might say.

01:01:08Anyway I quite fancy

01:01:08the idea of ending up

01:01:09hanging in a museum.

01:01:10So you did as he requested?

01:01:12Yes.

01:01:13Oh I wasn't the only one.

01:01:14Rosie was there

01:01:15and the goat.

01:01:17It took a little while

01:01:18to get organised

01:01:18and then the vet came in.

01:01:20That would be Miss Wynne?

01:01:21Yes that's right.

01:01:23Then Mr. Emsworth

01:01:24he turned around

01:01:24and he wanted us

01:01:26to sign something.

01:01:27Miss Wynne and I

01:01:28that is.

01:01:29Do you have any idea

01:01:30what that something was?

01:01:32Well I reckon

01:01:33it must be a will

01:01:34requiring three signatures

01:01:35and all.

01:01:36Who prepared this document?

01:01:37I didn't see who wrote it

01:01:38but presumably

01:01:39Mr. Emsworth.

01:01:40Were you present

01:01:41when the document

01:01:41was written?

01:01:42No my lord

01:01:43I was in the toilet.

01:01:45Well then why do you

01:01:45presume that it was

01:01:46written by the deceased?

01:01:48Well it was his will.

01:01:49That's pure supposition

01:01:50I shall direct the jury

01:01:51to ignore it.

01:01:52Yes my lord

01:01:52now before Mr. Emsworth

01:01:53signed this document

01:01:54did he read it through?

01:01:56Oh yes definitely.

01:01:58How did Mr. Emsworth

01:01:58strike you at the time?

01:01:59Did he seem to you

01:02:00to know what he was doing?

01:02:01Oh we knew

01:02:02what he was doing all right

01:02:03no doubt about that.

01:02:04Thank you Mr. Colley.

01:02:07Mr. Colley

01:02:08you referred to

01:02:09the defendant just now

01:02:10as Rosie

01:02:10is she a particular

01:02:11friend of yours?

01:02:12Yeah well

01:02:12we've known each other

01:02:13since we was kids.

01:02:14Did she ever speak to you

01:02:15about Mr. Emsworth's

01:02:16financial affairs?

01:02:18She might have done

01:02:18now and again.

01:02:19Anyway we all knew

01:02:20what he was like

01:02:20he was a funny man

01:02:21about money

01:02:21Mr. Emsworth.

01:02:22In what way Mr. Colley?

01:02:24Well you know

01:02:24one day he'd be telling

01:02:25everyone he was broke

01:02:26and he couldn't pay his debts

01:02:27and then the next day

01:02:28he'd be chucking it around

01:02:29like a maniac.

01:02:30Like a maniac you say.

01:02:32Now you say

01:02:33that he read the document.

01:02:34Yes definitely.

01:02:35Did he read it out loud?

01:02:36Uh no.

01:02:37Then why are you so sure

01:02:38that he read it

01:02:38just because he looked at it?

01:02:40Well he held it in his hand

01:02:41and he looked at it

01:02:42as if he was reading it.

01:02:43Did he say anything

01:02:43about it to you?

01:02:45Uh no.

01:02:46Or to either of the two ladies?

01:02:47No he didn't.

01:02:48As I understand it

01:02:49you and Miss Wynne

01:02:50had left the studio.

01:02:51Yes that's right

01:02:51I was in the toilet.

01:02:52And when you came back

01:02:53who was in the room?

01:02:55All three of them.

01:02:56What was Mr. Emsworth doing?

01:02:58Doing something

01:02:58with his sketches.

01:02:59And Miss Messeter,

01:03:00Rose,

01:03:01was looking at the document.

01:03:02Yes that's right.

01:03:03And who asked you

01:03:04to witness Emsworth's signature?

01:03:05Mr. Emsworth did.

01:03:07He'd broken off

01:03:08from what he was doing

01:03:08had he

01:03:09and signed it

01:03:10without saying a word?

01:03:11Yes that's right.

01:03:12And you're saying

01:03:13that you really believe

01:03:14that he read

01:03:14and understood it?

01:03:15Well he wouldn't

01:03:16have signed it.

01:03:16I mean if he didn't

01:03:17understand it would he?

01:03:18Oh I'm sure you wouldn't

01:03:19Mr. Colley.

01:03:20Unless you were

01:03:21under very severe pressure

01:03:22at the time.

01:03:24Now let us suppose

01:03:25for instance

01:03:25in your professional capacity

01:03:27that you were attending

01:03:27a burst pipe.

01:03:29Let us suppose

01:03:29water is gushing

01:03:30in all directions

01:03:31from the ceiling

01:03:32the floorboards

01:03:32and at that precise moment

01:03:34someone handed you

01:03:35a document for signature.

01:03:38That's ridiculous

01:03:39they wouldn't

01:03:39would they?

01:03:40But it was something

01:03:40very like that

01:03:41that happened to Mr.

01:03:42Emsworth wasn't it?

01:03:43We'd been told

01:03:44he was working

01:03:44in a white hot frenzy

01:03:46covering sheet

01:03:47after sheet of paper

01:03:48tearing up the ones

01:03:49he doesn't like

01:03:49trying to get

01:03:50into his imagination

01:03:51all the images

01:03:52that were around

01:03:53before him

01:03:53and that he was singing.

01:03:55That's right isn't it?

01:03:57Yeah well I suppose

01:03:58it was like that.

01:03:59Thank you Mr. Colley.

01:04:01Does your lordship

01:04:02have any questions?

01:04:04No Mr. Elliot

01:04:05you may stand down

01:04:06Mr. Colley.

01:04:07I conclude the case

01:04:08of the defendant

01:04:08my lord.

01:04:09Mr. Elliot

01:04:10if you please my lord

01:04:11members of the jury

01:04:13and my learned friend

01:04:14asked Miss Kingsley

01:04:15this question

01:04:16did you ever speak

01:04:18to him about making

01:04:19out a will?

01:04:19She replied

01:04:20yes often

01:04:21but he always managed

01:04:22to put it off

01:04:23on August the 12th

01:04:24we had a real stand up

01:04:25fight about it

01:04:26I threatened to walk out

01:04:27he started crying

01:04:28he then sat down

01:04:30and calmly wrote out

01:04:31a will

01:04:32now I put it to you

01:04:33that this scene

01:04:34so coolly and clinically

01:04:35related to us

01:04:36by Miss Kingsley

01:04:37was nothing less

01:04:38than emotional blackmail

01:04:39now here was

01:04:40an older man

01:04:41doubtless afraid

01:04:42of the thought

01:04:43of death

01:04:43being asked

01:04:44to make out

01:04:45a will

01:04:45now this request

01:04:47was made often

01:04:48she tells us

01:04:49but each time

01:04:50he had refused

01:04:50why?

01:04:52a will was a reminder

01:04:53there existed

01:04:55in the act

01:04:55of making a will

01:04:56a finality

01:04:57to his life

01:04:58and more important

01:04:59to his work

01:05:00let us move next

01:05:03to the will

01:05:03made on September

01:05:04the 1st

01:05:04now we cannot be sure

01:05:05that Miss Kingsley

01:05:06did not read the will

01:05:07written on the back

01:05:08of the sketch

01:05:08she sold to the Tate Gallery

01:05:10but ladies and gentlemen

01:05:11were it not for a curator

01:05:13at the gallery

01:05:13this would never have

01:05:14come to light

01:05:15remember

01:05:16Rose Messeter

01:05:17did not initiate

01:05:18these proceedings

01:05:19when ordered out

01:05:21of the cottage

01:05:22by the plaintiff

01:05:23she searched for the will

01:05:24to prove her entitlement

01:05:26but she couldn't find it

01:05:27now if Rose Messeter

01:05:30had planned to cheat

01:05:30Emsworth of the estate

01:05:32can you believe

01:05:33that after securing

01:05:34a new will

01:05:35she would have been

01:05:35so careless

01:05:36as to let it

01:05:36out of her sight

01:05:37or even a poorly

01:05:39educated person

01:05:41would know enough

01:05:42to secure the document

01:05:43in safety

01:05:44until such time

01:05:45as it was needed

01:05:46now the will begins

01:05:49I Martin Emsworth

01:05:51do hereby revoke

01:05:52all wills

01:05:53heretofore

01:05:54made by me

01:05:54and do declare

01:05:55this to be

01:05:55my last will

01:05:56and testament

01:05:56whereby I bequeath

01:05:58etc etc

01:05:59do you honestly

01:06:01believe that

01:06:01Rose Messeter

01:06:02is capable

01:06:03of composing

01:06:04such a phrase

01:06:04is it not obvious

01:06:06that Martin Emsworth

01:06:07dictated the will

01:06:09I put it to you

01:06:09that Rose Messeter

01:06:10is intellectually

01:06:12incapable

01:06:14of such a task

01:06:15her virtues

01:06:16are to be found

01:06:17in the fact

01:06:17that she above all

01:06:18sustained Martin Emsworth

01:06:20unlike others

01:06:21she accepted him

01:06:23for what he was

01:06:24made no demands

01:06:25on him

01:06:25and most important

01:06:27encouraged

01:06:27and inspired him

01:06:28to work

01:06:29now between

01:06:31August the 12th

01:06:32and September the 1st

01:06:33Martin Emsworth

01:06:34who enjoyed

01:06:35shocking people

01:06:35decided to change

01:06:37his will

01:06:37and Miss Kingsley

01:06:38was away

01:06:39selling one of his

01:06:39children

01:06:40as he called

01:06:40his pictures

01:06:41with irony

01:06:43and the knowledge

01:06:44that two witnesses

01:06:45were present

01:06:45in the house

01:06:46he left Miss Kingsley

01:06:48exactly what he felt

01:06:49she deserved

01:06:50nothing

01:06:51members of the jury

01:06:53I ask that you

01:06:54fulfill

01:06:55Martin Emsworth's

01:06:56final request

01:06:57and find

01:06:58for the defendant

01:06:59Miss Tate

01:07:03members of the jury

01:07:08I ask you

01:07:08to consider this

01:07:09Martin Emsworth

01:07:11was a man

01:07:11of artistic temperament

01:07:12possibly one

01:07:14of the greatest

01:07:14painters of his

01:07:15generation

01:07:15but also someone

01:07:17who had an almost

01:07:18childlike attitude

01:07:19to the practicalities

01:07:20of life

01:07:21and it was for this

01:07:22reason that Miss Kingsley

01:07:23acted as his

01:07:24business manager

01:07:25an unenviable position

01:07:27one would think

01:07:28in such a household

01:07:29and my learned friend

01:07:31implies that by her

01:07:32repeated request

01:07:33to Mr. Emsworth

01:07:34to make a will

01:07:35she was using

01:07:36emotional blackmail

01:07:38but is it not

01:07:39the duty of a

01:07:40business manager

01:07:41to ensure that

01:07:42her client's affairs

01:07:43are in order

01:07:43especially in the case

01:07:45of an artist

01:07:46who is getting on

01:07:47in years

01:07:47now regarding

01:07:49Miss Kingsley's

01:07:50sale of the drawing

01:07:51to the Tate Gallery

01:07:52my learned friend

01:07:53implies that

01:07:53this was a way

01:07:54of concealing the will

01:07:56but can you really

01:07:57believe

01:07:58that the business manager

01:08:00of an artist

01:08:00would not know

01:08:01that the drawing

01:08:02would be inspected

01:08:03remounted

01:08:05and reframed

01:08:05before being eventually

01:08:06hung into the gallery

01:08:08had Miss Kingsley

01:08:09wished to dispose

01:08:10of the so-called will

01:08:11as has been suggested

01:08:12then surely

01:08:14she would have

01:08:14destroyed it completely

01:08:16would it be worth

01:08:17risking the entire estate

01:08:18for a mere 300 pounds

01:08:20now the events

01:08:23of September the 1st

01:08:24have been described

01:08:25in vivid detail

01:08:26to us

01:08:27a veritable

01:08:27bohemian orgy

01:08:29of creation

01:08:29going on

01:08:30is it credible

01:08:31that in these circumstances

01:08:32Mr. Emsworth

01:08:33should suddenly decide

01:08:35to make a will

01:08:35this man

01:08:36who despised money

01:08:38and took no interest

01:08:40in material things

01:08:41is it remotely likely

01:08:43that in the midst

01:08:45of this frenzy

01:08:46he should compose

01:08:47this very formal

01:08:48last will and testament

01:08:49or is it more likely

01:08:51members of the jury

01:08:52that he merely signed

01:08:54what he believed

01:08:55to be a deed of gift

01:08:56bequeathing

01:08:57this particular painting

01:08:59The Triumph of Bacchus

01:09:00to Miss Messeter

01:09:01now you heard her say

01:09:03how she wrote it out

01:09:04after stating on oath

01:09:05throughout the trial

01:09:06that she didn't

01:09:07knowing his character

01:09:08as she did

01:09:09she must have had

01:09:10no doubt

01:09:11that he would sign it

01:09:12without reading it

01:09:13and there should be

01:09:14no doubt in your minds

01:09:16members of the jury

01:09:16that the only valid will

01:09:18signed by Martin Emsworth

01:09:20was the one drawn up

01:09:21on August the 12th

01:09:23and I therefore ask you

01:09:24to find in favour

01:09:25of the plaintiff

01:09:26Members of the jury

01:09:32you've now heard

01:09:33all the evidence

01:09:34in this case

01:09:34and I must remind you

01:09:36that on all questions

01:09:37of fact

01:09:37you are the sole judges

01:09:38and my task

01:09:40is to direct you

01:09:41as to the law

01:09:42and I must tell you

01:09:44that the will

01:09:45signed by Mr Emsworth

01:09:46on the 1st of September

01:09:47supersedes

01:09:49and invalidates

01:09:49all previous wills

01:09:50if the following

01:09:52conditions are fulfilled

01:09:53now firstly

01:09:53that Mr Emsworth

01:09:55signed it

01:09:55in the presence

01:09:56of two witnesses

01:09:57now that's not disputed

01:09:58Mr Colley

01:09:58and Miss Wynne

01:10:00have testified

01:10:00that they signed it

01:10:01according to the

01:10:02requirements of the law

01:10:03and secondly

01:10:04it must be proved

01:10:05that Mr Emsworth

01:10:06understood the contents

01:10:08of the will

01:10:08and that he was

01:10:10fully capable

01:10:10at the time

01:10:11of so doing

01:10:11now as Miss Tate

01:10:13pointed out

01:10:14it makes no difference

01:10:15to the validity

01:10:17of the will

01:10:17if it was written out

01:10:19by somebody else

01:10:19that's to say

01:10:20by Miss Messeter

01:10:21but in a case like this

01:10:24the burden of proof

01:10:25is on the person

01:10:27setting up the document

01:10:28as a valid will

01:10:29that is to say

01:10:31Miss Messeter

01:10:32so she must satisfy you

01:10:33that on the balance

01:10:35of probability

01:10:36he knew what he was doing

01:10:38now you've heard

01:10:40that from the

01:10:412nd of September

01:10:43until his death

01:10:44on the 13th of September

01:10:45he was virtually

01:10:47incoherent

01:10:48that's not challenged

01:10:49by Miss Messeter

01:10:50you may think

01:10:51that's significant

01:10:52but what you have

01:10:53to decide

01:10:54is whether

01:10:55his behaviour

01:10:56on the 1st of September

01:10:57showed that he

01:10:59didn't know

01:11:00what was in the document

01:11:01he was signing

01:11:02really didn't know

01:11:02what he was doing

01:11:03or whether

01:11:05as Miss Messeter

01:11:06says

01:11:06he was compost mentis

01:11:09now Miss Messeter

01:11:11has said

01:11:12that he dictated

01:11:13the will

01:11:14well if that is so

01:11:16it shows a considerable

01:11:17degree of

01:11:18mental awareness

01:11:20and concentration

01:11:21Mr Colley

01:11:23has said

01:11:24that he read

01:11:24through the will

01:11:25before he signed it

01:11:26and that he seemed

01:11:27to understand

01:11:27what he was doing

01:11:28and Miss Wynne

01:11:30said that she thought

01:11:31he was potty

01:11:31well there you are

01:11:35members of the jury

01:11:35it is for you

01:11:38to decide

01:11:38we will now retire

01:11:41and consider your verdict

01:11:42all stand

01:11:45all stand

01:11:55members of the jury

01:12:02will your foreman

01:12:03please rise

01:12:04answer me this question

01:12:06yes or no

01:12:06have you reached

01:12:07the verdict

01:12:07on which you are

01:12:08all agreed

01:12:09yes

01:12:09do you find

01:12:10for the plaintiff

01:12:11or for the defendant

01:12:12for the defendant

01:12:13thank you

01:12:14very well

01:12:16I pronounce a decree

01:12:18for the force

01:12:19and validity

01:12:19of the will

01:12:20dated

01:12:21the 1st of September

01:12:22asking for costs

01:12:25Mr Jury

01:12:26yes

01:12:26next week

01:12:39a chance for you

01:12:40to join another jury

01:12:41in assessing the facts

01:12:42when our cameras return

01:12:44to watch a leading case

01:12:45in the Crown Court

01:12:46yes

01:12:48once in the lockdown

01:12:49the reven bank

01:12:50happen

01:12:51together

01:12:51and this week

01:12:52the nobel

01:12:53has just in case

01:12:53only one of the

01:12:55subjects

01:12:56has even taken

01:12:57in the house

01:12:57together

01:12:58had to return

01:12:58here

01:13:00to the badly

01:13:01You

Crown Court - Portrait of an Artist (1973)

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