- 2 days ago
Crown Court: the gripping courtroom drama from the 1970s and 1980s.
Mrs. Constance Bell (Maggie Fitzgibbon) was shocked to read in a magazine that a Ming vase had sold at auction for £95,000 - shocked, because she argues this vase was family property bequeathed by her late mother and which she says had been sold without permission. In a civil case, she is now suing her brothers, John and Peter, as well as antiques dealer Nigel Greatorex, whom she says improperly sold the item.
Patrick "Jamie! Zoe!" Troughton stars as John Fisher. Peter Denyer, perhaps best known from "Please, Sir!", stars as the brother, Peter Fisher. Maggie Fitzgibbon will go on to appear in another Crown Court, "Songbirds out of Tune", which is well worth checking out. William Mervyn as Judge Campbell is a little more tetchy than usual, perhaps with good cause!
Mrs. Constance Bell (Maggie Fitzgibbon) was shocked to read in a magazine that a Ming vase had sold at auction for £95,000 - shocked, because she argues this vase was family property bequeathed by her late mother and which she says had been sold without permission. In a civil case, she is now suing her brothers, John and Peter, as well as antiques dealer Nigel Greatorex, whom she says improperly sold the item.
Patrick "Jamie! Zoe!" Troughton stars as John Fisher. Peter Denyer, perhaps best known from "Please, Sir!", stars as the brother, Peter Fisher. Maggie Fitzgibbon will go on to appear in another Crown Court, "Songbirds out of Tune", which is well worth checking out. William Mervyn as Judge Campbell is a little more tetchy than usual, perhaps with good cause!
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TVTranscript
00:01:23All stand.
00:01:58Madam, would you please be seated?
00:02:10Slogan.
00:02:12I'm obliged to your lordship.
00:02:15Members of the jury, in this case I appear for the plaintiff, Mrs Constance Bell, and my learned friend Mrs
00:02:23Dixon appears for the defendants, John Fisher, Peter Fisher and Nigel Graterix.
00:02:29This case concerns a dispute as to the ownership of a piece of property.
00:02:33The object which stands at the centre of this controversy is a vase.
00:02:38A what?
00:02:40I think my learned friend means a vase, a piece of pottery, my lord.
00:02:44Or indeed vores.
00:02:47Very well, Mr Logan, carry on.
00:02:49The object which stands at the centre of this controversy is a piece of pottery, which my client contends forms
00:02:59part of the estate of her mother, the late Mrs Ethel Fisher,
00:03:02and which was unlawfully appropriated by the defendant, John Fisher, and with the help and connivance of the other two
00:03:08defendants, Peter Fisher and Nigel Graterix, sold for a considerable sum of money, thus denying the other beneficiaries under the
00:03:15late Mrs Ethel Fisher's will a considerable portion of their rightful inheritance.
00:03:23I call Mrs Constance Bell.
00:03:35What is your religion?
00:03:36A CV and a regular churchgoer.
00:03:39It's lifelong, not like some.
00:03:41Mrs Bell, will you please just take the oath and spare us the biographical details?
00:03:48Take the Bible in your right hand and read aloud the words on this card.
00:03:51I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth, and nothing
00:03:57but the truth, so help me God.
00:03:59Mrs Bell, we shall do it just once more, and this time would you please read what is on the
00:04:06card, the whole card, and nothing but the card.
00:04:10Do you understand?
00:04:14I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth, and nothing
00:04:20but the truth.
00:04:23Mr Logan.
00:04:25Now you are Mrs Constance Edwina Bell, nay Fisher.
00:04:29I am.
00:04:30And you live at the Nook, Elson Avenue, Fulchester?
00:04:33I do.
00:04:34Now will you tell the court what prompted you to bring this action against your brother?
00:04:38I will.
00:04:41Well, then please do.
00:04:43Yes.
00:04:46Well, he pinched the pot of basil.
00:04:49Pot of basil.
00:04:51How did we get on to garden her?
00:04:53That's what we always called it, the pot of basil.
00:04:56Called what?
00:04:57The vase.
00:04:58I mean, vase.
00:05:00Yes, Mrs Bell, will you, why did you call the piece of pottery the pot of basil?
00:05:06After Uncle Basil.
00:05:08He was mother's brother, and he gave it to us.
00:05:11And when exactly was that?
00:05:13Oh, that must have been in 1938.
00:05:17I can't tell you exactly when, but I think it was this spring.
00:05:21Yes, that's right.
00:05:22Yes, I was on holiday at the time, Easter holidays.
00:05:26I was at Cantrell Road Primary.
00:05:29I was very young.
00:05:31Yes, of course.
00:05:32So the pot of basil came into your mother's possession in 1938.
00:05:36And do you know where your Uncle Basil got it?
00:05:38Oh, yes.
00:05:39In China.
00:05:41You see, he'd been out there for some 20 years.
00:05:44He was quite a rich man.
00:05:45Something to do with spices.
00:05:47So there was no doubt that the thing was genuine, was there?
00:05:50Genuine?
00:05:51Yes.
00:05:52Genuine Chinese.
00:05:54As I said, he'd been out there for some time.
00:05:57He was not short of money.
00:05:59So he was not likely to be buying any old rubbish, was he?
00:06:02So you were aware even then that Uncle Basil's gift was of some value?
00:06:06Oh, yes.
00:06:09Well, I mean, it had to be.
00:06:11And the vase became a treasured part of the family's life.
00:06:14Oh, yes.
00:06:15My mother loved that vase vase.
00:06:16Oh, call it what you will, Mrs Bell.
00:06:18We know to what you are referring.
00:06:20Well, she did.
00:06:21And was the vase kept proudly on display for visitors to enjoy?
00:06:26Oh, no.
00:06:28Well, the war came and Mother was afraid it might be damaged by the bombing and the air raid.
00:06:34So she wrapped it up very carefully and stored it away.
00:06:39Of course, she always brought it out when Uncle Basil came to call.
00:06:42I mean, she didn't want him to think that we didn't appreciate it.
00:06:46Oh, quite.
00:06:47And when was the last time that you saw the vase in your mother's house?
00:06:51Well, I left home to get married in 1948.
00:06:56I got married very young.
00:06:58Was the vase still in your mother's house then?
00:07:01Oh, yes.
00:07:02As a matter of fact, she wanted to give it to me as a wedding present, but I wouldn't take
00:07:06it.
00:07:06Why not?
00:07:08Well, I mean, she was very fond of it, and I thought it better if she kept it herself.
00:07:14I remember she made a remark that she was going to leave it to me in her will.
00:07:20Yes, unfortunately, she failed to do so, otherwise we would not all be in this court today.
00:07:24Now, did you see the vase in your mother's house after 1948?
00:07:29Well, no, I didn't actually see it, but of course I knew it was there.
00:07:33Oh, how did you know?
00:07:35Well, if it hadn't been there, she'd have told me.
00:07:39I mean, if she gave it to him, like he says, she'd have had to tell me, because she'd as
00:07:44good as promised it to me, hadn't she?
00:07:46And she didn't, so she hadn't.
00:07:48She didn't leave it to her in her will either, did she?
00:07:49Mr. Fisher.
00:07:50She just forgot, that's all.
00:07:52You know what her mind was like during those last couple of years.
00:07:54She hardly knew the time of day.
00:07:55And a fat lot of help she got from you!
00:07:57Now, stop that.
00:07:59Stop that, both of you.
00:08:01This is a court of law, and you will conduct yourselves accordingly.
00:08:04My lord, I have endeavoured to explain to my client...
00:08:07Do try to keep things under control, Mr. Logan.
00:08:09Yes, I'll do my best, my lord.
00:08:11And all this talk of wills, is the plaintiff here to contest a will?
00:08:16Because if so, either she or I are in the wrong courtroom.
00:08:21Now, please get us back onto the right track.
00:08:24With alacrity, my lord.
00:08:25Now, first we have a vase.
00:08:27Yes, well, it would be of considerable assistance to this court if we could see this vase.
00:08:32That is unfortunately impossible, my lord, since the article in question is no longer in the country.
00:08:36However, we do have some photographs of it.
00:08:38Exhibit 1.
00:08:40Mrs. Dixon?
00:08:42The photographs are agreed, my lord.
00:08:46Well, at last we can see what we're talking about.
00:08:49Right, Mr. Logan.
00:08:50Now, my client claims that that vase is part of her late mother's estate.
00:08:54Despite the fact that it is not mentioned in the will?
00:08:57On the contrary, my lord, it was included in the will in the general bequest.
00:09:00To whom?
00:09:01Exhibit 2, please.
00:09:03The late Mrs. Ethel Fisher's will.
00:09:08Now, as you will see from the document, my lord, it is a simple will,
00:09:11naming the three children, John, Albert and Constance, as beneficiaries in equal shares.
00:09:15As your lordship will observe, the contents of the late Mrs. Fisher's home, 14 Gray's Way,
00:09:20were included in this general bequest.
00:09:22Yes, I see.
00:09:24And you're saying, then, that the vase is included in the will as one of the contents of the house?
00:09:29Exactly, my lord.
00:09:30Just a moment.
00:09:31I see here there are three beneficiaries mentioned in the will.
00:09:35Yes, my lord.
00:09:36Yet we only seem to have two of them concerned in this case.
00:09:39Mrs. Bell, the plaintiff, and Mr. John Fisher, the defendant.
00:09:43Ah, yes, my lord.
00:09:44The younger brother, Albert, will be appearing later as a witness for the plaintiff.
00:09:48Yes, but why not as a co-plaintiff?
00:09:50Ah, well, my lord, you see...
00:09:51Perhaps I can help you there.
00:09:53You see, he was much too busy.
00:09:55Too busy?
00:09:57Too busy to take up the cudgels even on behalf of his own possible share of a considerable amount of
00:10:03money.
00:10:03I mean, if the jury finds for the plaintiff, then he stands to benefit enormously.
00:10:08Well, you see, what I mean is he was out of the country, and I had already started things rolling.
00:10:13But he was obviously notified that this case was coming to trial.
00:10:16Did he not offer to join your action?
00:10:18It was suggested to him, my lord, that it would appear that he has a considerable aversion to litigation.
00:10:23Yes, well, I wish sometimes that more people took that attitude.
00:10:27Indeed, my lord, yes.
00:10:28It was only with great difficulty that he was persuaded to appear on behalf of his sister.
00:10:32Yes, you see, it's me he's appearing on behalf of.
00:10:34He could never stand the sight of him.
00:10:36I mean, he left home on account of him.
00:10:37And you.
00:10:38We'll have none of that.
00:10:39I wasn't even living at home at the time.
00:10:41He left to get shot of you.
00:10:42Now, I think we'd better get back to the case, Mr. Logan.
00:10:45Now, Mrs. Bell,
00:10:46how did you and your brothers deal with the contents of your mother's home after her death?
00:10:51Did you just sell, or did you take what you want?
00:10:55Well, we met and took what we wanted by agreement, and then we sold the rest.
00:10:59Now, when the distribution of property was being discussed between you and your brothers,
00:11:03did you ask for the vase?
00:11:06Well, actually, no.
00:11:08Well, I find that very difficult to understand.
00:11:10You've told us all how much, how very fond of it you were.
00:11:15Well, I was very upset at the time.
00:11:18You see, I'd just lost my mother,
00:11:19and there I was, sitting in her house, with her barely curled in her grave.
00:11:23Quick enough, get on the floor.
00:11:24I was too grief-stricken to consider who should take what.
00:11:27Now, if that happens again, I shall have you removed from this court.
00:11:33Now, Mr. Logan, will you please get on with it?
00:11:35Yes.
00:11:36Now, Mrs. Bell, you've said that, quite understandably,
00:11:39in your grief, all thought of the vase slipped your mind.
00:11:42Now, when did you think of it again?
00:11:43In June of last year,
00:11:46I was at the dentist, and I was looking through a glossy magazine
00:11:49when I saw a picture of Pot of Basil.
00:11:52And what was a picture of Pot of Basil doing in this magazine?
00:11:56Well, underneath,
00:11:57it said that Pot of Basil had been sold at auction in London for £95,000.
00:12:20It's quite pretty, but I don't think I should like to live with it.
00:12:23There's no accounting for some people's tastes, my lord.
00:12:26It is surely unquestionable taste to pay £95,000 for a flower pot,
00:12:32when approximately one-third of the world's population cannot afford a decent meal.
00:12:38Nevertheless, my lord, that would appear to be its present market value.
00:12:41Oh, why?
00:12:44Why what, my lord?
00:12:45Why is it worth £95,000?
00:12:49Ah, well, my lord,
00:12:50have we got anything on this vase?
00:12:54Ah, yes, my lord.
00:12:55I have here a professional description of the vase
00:12:58by a Mr. R. Birdwell,
00:13:01Oriental art expert.
00:13:03The vase is of great rarity,
00:13:05with exceptional fine colours.
00:13:06It is an ovoid jar,
00:13:08standing eight inches high in size,
00:13:10with a floral scroll design,
00:13:12depicting chrysanthemums
00:13:13between formal borders,
00:13:14picked out in bright yellow and red on black ground.
00:13:18It is of the Ming dynasty,
00:13:19dated from the 15th century.
00:13:21It is an extremely rare piece,
00:13:22being of the three-colour period,
00:13:24and is in perfect condition.
00:13:26Hmm.
00:13:27Well, I still wouldn't like to live with it.
00:13:29No, my lord.
00:13:30Now, Mrs. Bell,
00:13:32you saw the picture in the magazine
00:13:34and recognised it as the article
00:13:35that you had known for a great part of your life
00:13:37as Pot of Basil.
00:13:38Oh, well, no, not exactly.
00:13:41I mean, not at first.
00:13:43I saw it looked like Pot of Basil,
00:13:46and then I got to thinking
00:13:48that if the one in the picture
00:13:49was worth all that money,
00:13:51well, then our Pot of Basil might be worth a bit.
00:13:54And then I remembered
00:13:56that I hadn't seen Pot of Basil at the Divvy.
00:13:59Not for what?
00:13:59Mrs. Bell, do you mean the meeting
00:14:01that you and your brothers had
00:14:03to distribute the furniture, etc.?
00:14:04Yes.
00:14:05And I remember it wasn't on the list of things
00:14:07that were sold from the house, either.
00:14:09So what did you do?
00:14:11I phoned John.
00:14:12Your elder brother, John Fisher,
00:14:14one of the defendants.
00:14:15Hmm?
00:14:16That's right, him.
00:14:17And I knew straight away something was up.
00:14:19Yes, what happened when you telephoned him?
00:14:20Well, I said right off.
00:14:22What happened to Mother's Pot of Basil?
00:14:25And?
00:14:26He dropped the phone, guilty conscience.
00:14:30Well, how did the telephone conversation continue?
00:14:33It didn't.
00:14:34He pretended the phone was out of order.
00:14:37He said he couldn't hear me,
00:14:38but I could hear him all right,
00:14:39and his precious son.
00:14:41Yes, how do you know that it was his son?
00:14:43Well, a voice said,
00:14:44What's up, Dad?
00:14:45And he only has one, son.
00:14:47And then he said,
00:14:48The old cow's found out about Pot of Basil.
00:14:50Then he said, Christ!
00:14:52Miss, did you try to pursue this conversation?
00:14:54Yes, but he hung up.
00:14:56I tried phoning him back,
00:14:57but the phone was off the hook,
00:14:58so I went around to his house,
00:15:00but of course he wasn't in.
00:15:01He was dodging me all right.
00:15:02Why was the mere fact that he was absent from his home
00:15:05a sign that he was dodging you?
00:15:08Well, there was a World Cup match on the box,
00:15:10and he wouldn't have missed that for his own mother's funeral.
00:15:12He was dodging me all right.
00:15:14And did you eventually achieve a meeting with your brother
00:15:17to discuss the matter?
00:15:18Yes.
00:15:19Five weeks later,
00:15:21and it took two solicitor's letters,
00:15:22but by then, of course,
00:15:23he had time to get his story straight, hadn't he?
00:15:26Do you know he had the cheek to say to me
00:15:27in the solicitor's office...
00:15:28Yes, thank you, Mrs Bell.
00:15:28We needn't go into the details of what...
00:15:29No, it's ridiculous.
00:15:29My mother would never have left him the vase.
00:15:31I mean, he'd have probably used it as a spittoon.
00:15:33Thank you, Mrs Bell.
00:15:34Then why didn't he tell me when I phoned him?
00:15:35Thank you, Mrs Bell.
00:15:36And another thing, my mother would have...
00:15:37Mrs Bell,
00:15:39when your counsel states
00:15:41that there are no further questions from him,
00:15:43that means also
00:15:44there will be no further answers from you,
00:15:47at least until you are addressed
00:15:48for counsel for the defendants.
00:15:50Now, do you understand?
00:15:51Yes, I do.
00:15:53But there is one point...
00:15:53Mrs Bell.
00:15:56Right.
00:15:56Mrs Dixon.
00:16:00Mrs Bell,
00:16:01were you very fond of this vase?
00:16:03Yes, it was very nice.
00:16:05And your mother,
00:16:06was she also very fond of it?
00:16:08Yes.
00:16:09She certainly wouldn't have left it to the likes of him.
00:16:11Well,
00:16:12let's see if we can establish
00:16:14some sort of measure of the affection
00:16:15which this object inspired in your family.
00:16:18Now, it came into your family
00:16:20as a gift from rich Uncle Basil
00:16:22in 1938,
00:16:24and your mother died in 1972?
00:16:28Yes.
00:16:28It was a period of about 34 years.
00:16:32Now, for what percentage of that time
00:16:34was it on open display in your house?
00:16:37What do you mean?
00:16:39Oh, dear, it's a simple enough question, surely, Mrs Bell.
00:16:41If you and your mother were so very fond of this thing,
00:16:44you would want to be able to look at it
00:16:45to enjoy its beauty.
00:16:47Yes, well...
00:16:48So, how often in all those years
00:16:50did you bring it out
00:16:51where you could see it and admire it?
00:16:54Well, like I said,
00:16:55mother was afraid it might get damaged
00:16:57with the bombing during the war,
00:16:58so she stored it away in the attic.
00:17:00That's a somewhat excessive precaution, surely,
00:17:02having regard to the fact
00:17:03that the nearest bomb came
00:17:06during the entire war
00:17:07to 14 Graysway
00:17:09was at Dyke Green,
00:17:1111 miles away,
00:17:12and that was an accidental dumping
00:17:14by one of our own planes.
00:17:16Mother didn't know
00:17:17it was going to be like that in 1939,
00:17:19did she?
00:17:20No, nor in April 1938, apparently.
00:17:24Beg your pardon?
00:17:26I said, nor in April 1938,
00:17:28which is when she first banished this vase,
00:17:30of which she was so fond,
00:17:31to the attic.
00:17:32On the day after
00:17:34your Uncle Basil left your house
00:17:36to set up his own home
00:17:37after his lucrative sojourn in the East.
00:17:41Well, she had to, hadn't she?
00:17:42I mean, you couldn't have a nice thing like that
00:17:45standing around the house
00:17:46with young, destructive children
00:17:48crawling all around the place.
00:17:50Ah, so she did it to protect it
00:17:52from young, destructive children
00:17:54crawling all over the house.
00:17:55I see, yes.
00:17:57Young, destructive children
00:17:58like your older brother, John,
00:18:00who was 18 years old.
00:18:04Or like your younger brother, Albert,
00:18:06who was, what, a month and a half?
00:18:09Oh, no, no, no,
00:18:10perhaps she did it to protect it from you.
00:18:11After all, you were very young.
00:18:12Yes, I was...
00:18:15Fifteen.
00:18:17Now, that's a bit long in the tooth
00:18:18to be crawling about the house
00:18:19breaking vases, isn't it?
00:18:21No, no, I suggest to you
00:18:22that your mother couldn't stand
00:18:23the sight of this object
00:18:24and hid it away
00:18:25the moment she thought
00:18:26it was safe to do so
00:18:27without offending rich Uncle Basil.
00:18:29No, that's not true.
00:18:30So, when did the vase appear again?
00:18:33On VJ Day
00:18:35as part of the victory celebrations?
00:18:37Well, no, I don't exactly recall.
00:18:40Well, let me refresh your memory.
00:18:43Christmas, 1945.
00:18:46Yes.
00:18:47There, you see, just after the war.
00:18:51Coinciding with a visit
00:18:52from rich Uncle Basil.
00:18:54And when did it go back to the attic?
00:18:57I can't remember.
00:18:59On the day Uncle Basil left, perhaps?
00:19:02Well, yes, it might have been.
00:19:05To be brought down again
00:19:07on Uncle Basil's next visit
00:19:08and then up again to the attic
00:19:09and then down again next visit
00:19:11and up and down
00:19:12and up and down
00:19:13and up and down.
00:19:15One begins to wonder
00:19:16if we are talking about a Ming vase
00:19:17or an early Chinese form of yo-yo.
00:19:20Very amusing, Mrs. Dixon,
00:19:22but aren't you straying a bit from the point?
00:19:25With respect, my lord,
00:19:26I think not.
00:19:27Now, according to the plaintiff,
00:19:29we are dealing with a sinister plot
00:19:30to deprive this family
00:19:31of one of its most treasured possessions.
00:19:34She also claims
00:19:35that this vase was something
00:19:38of which her mother was extremely fond
00:19:39and would not have given away lightly.
00:19:42Well, now,
00:19:43I'm merely trying to put this whole matter
00:19:45into its true perspective
00:19:46and show that this antique present from Peking
00:19:48was never anything more than a family joke
00:19:51until it came under the Sotheby Hammer.
00:19:53Yes, it was always a joke to them,
00:19:55to him and Albert,
00:19:56but not to Mother and me.
00:19:57I mean, we appreciated it.
00:19:58They didn't.
00:19:59Now, who was it first called at Pont of Basil?
00:20:01What?
00:20:03Oh, I can't remember.
00:20:04It was just one of those things that happened.
00:20:06It was your mother who first called it that,
00:20:08was it not?
00:20:09Well, yes, it might have been.
00:20:11I mean, she was very sentimental.
00:20:13She liked giving things pet names
00:20:15and after all, Uncle Basil was her only brother.
00:20:18Oh, how very touching.
00:20:20Now, Uncle Basil must have been very pleased
00:20:22to hear that this treasured possession
00:20:23had been named after him.
00:20:27I don't know.
00:20:28You don't know?
00:20:30Don't you remember being solemnly warned
00:20:33before every one of his visits
00:20:34never to mention the phrase
00:20:35Pot of Basil in his presence?
00:20:37He had no sense of humour.
00:20:39Ah, so it was a family joke.
00:20:41No.
00:20:43Well,
00:20:45we didn't want to upset him
00:20:46in case he cut you all out of his will.
00:20:49Yes.
00:20:49No.
00:20:50It's...
00:20:51We were the only family he had.
00:20:54And in 1948,
00:20:57Uncle Basil died.
00:20:58Yes.
00:20:59Leaving his entire fortune
00:21:01to the foreign missions.
00:21:03Now, that must have been a sad blow
00:21:04for all of 14 Gray's Way,
00:21:06was it not?
00:21:06Stingy old swine.
00:21:07All that running up and down stairs
00:21:09for nothing.
00:21:10Never mind.
00:21:11All that is over now.
00:21:12Uncle Basil is laid to rest
00:21:13in the Fulchester Cemetery.
00:21:15And Pot of Basil
00:21:16is laid to rest in the attic.
00:21:18Both of them completely forgotten.
00:21:20Until that fateful day
00:21:22in the dentist's waiting room
00:21:23when Pot of Basil
00:21:24suddenly leapt at you
00:21:25from the pages of country life.
00:21:27What a dreadful moment for you.
00:21:30What do you mean dreadful?
00:21:32Well,
00:21:32Pot of Basil was finally paying off
00:21:34as an investment
00:21:35and you were not going to get a penny of it.
00:21:37Well, that's what you think.
00:21:39I was the one who looked
00:21:40after Pot of Basil.
00:21:41I was the one who scrubbed it
00:21:43every time Uncle Basil came to visit.
00:21:45I was the one who humped up
00:21:46and down to the attic stairs.
00:21:47They didn't care about it.
00:21:48He was the worst of all.
00:21:49He wanted to throw it out
00:21:50after Uncle Basil died.
00:21:52Mother wouldn't let him, of course.
00:21:53And now he's trying to pull a fast one.
00:21:55Well, you're not going to get away with it.
00:21:56I mean, that vase is as much mine
00:21:58as anybody's
00:21:58and I'm going to get my share,
00:21:59regardless.
00:22:00Regardless?
00:22:02Regardless of what, Mrs. Bowe?
00:22:04Regardless of the truth.
00:22:09Does your Lordship have any questions?
00:22:11No.
00:22:12You may go back to your seat, Mrs. Bell.
00:22:22Mr. Logan,
00:22:29what is going on?
00:22:30Oh, my Lord, I'm in a bit of a quandary.
00:22:32And what is the nature
00:22:33of your quandary, Mr. Logan?
00:22:35Well, I was intending, my Lord,
00:22:37to call as my next witness,
00:22:38Albert Fisher,
00:22:39the younger brother,
00:22:40but it appears he's not present.
00:22:43I mean, are you sure
00:22:44that he is not in the building?
00:22:46Indeed, my Lord,
00:22:46I understand he's not even in the country.
00:22:48Oh, really?
00:22:49I mean, wasn't he notified
00:22:50of the date of these proceedings?
00:22:52Yes, my Lord,
00:22:52and it was his clearly stated intention
00:22:54to be here.
00:22:55Then why is he not?
00:22:57Apparently, he's stranded in Paris, my Lord,
00:22:59as a result of a strike at Orly Airport.
00:23:01Yes, well, have you any idea
00:23:02how long his flight will be delayed?
00:23:05Um, any news?
00:23:08Sorry, my Lord.
00:23:09Oh, really?
00:23:10Well, the day is nearly spent.
00:23:14Perhaps you will arrive by tonight.
00:23:16I shall adjourn until tomorrow morning.
00:23:19All stand.
00:23:52The case of Bell versus Fisher, Fisher and Great Rex
00:23:55will be resumed tomorrow in the Crown Court.
00:23:59The time of the Court is called the
00:24:00Oh, you know,
00:24:27the day is over.
00:24:27Only if we watch the other things go,
00:24:31A Ming vase was sold at Sotheby's for £95,000.
00:24:35The plaintiff, Mrs Constance Bell,
00:24:37claims that it should have formed part of her late mother's estate,
00:24:39but that her brother, John Fisher, along with others,
00:24:42unlawfully appropriated the vase for their own profit.
00:24:45The case was adjourned yesterday as a witness for the plaintiff
00:24:48failed to appear owing to a strike at Orley Airport.
00:24:52All stand.
00:25:05Oh, Mr Logan, are you able to continue?
00:25:09My lord, I'm afraid we're still cut off from France.
00:25:12My information is that the Orley Airport strike may continue for some days.
00:25:17I have been given to understand, however,
00:25:18that my witness is endeavouring to find alternative transport.
00:25:22Do you wish to apply for an adjournment?
00:25:25No, my lord, but I should be very grateful
00:25:26if you would allow my learned friend, Mrs Dixon,
00:25:29to proceed with her case
00:25:30and permit me to interpose my witness if,
00:25:33I mean when, he arrives.
00:25:35Yes, I don't see why not,
00:25:37unless Mrs Dixon has some deep-seated objection.
00:25:41Well, my lord, it does put us at something of a disadvantage
00:25:44only hearing half the plaintiff's case.
00:25:47However, in order to avoid any inconvenience to this court,
00:25:50to your lordship and to the members of the jury,
00:25:54I'm prepared to accept this handicap.
00:25:55Hmm, very well.
00:25:58Proceed.
00:25:59I call John Fisher.
00:26:12What is your religion?
00:26:13I'm judging.
00:26:14Take the Bible in your right hand
00:26:16and read aloud the words on this card.
00:26:19I swear by almighty God
00:26:21that the evidence I shall give
00:26:22shall be the truth, the whole truth,
00:26:23and nothing but the truth.
00:26:26You are John Wilson Fisher
00:26:28of 212 Derby Road, Fulchester.
00:26:31Yes, I am.
00:26:32Mr Fisher, let's get straight to the heart of this matter.
00:26:35How did this vase come into your possession?
00:26:37My mother gave it to me.
00:26:39Well, can you remember when?
00:26:41No, not exactly.
00:26:43That is, I didn't think it was important at the time,
00:26:45so I didn't write it in a diary or anything.
00:26:48Well, can you give us some approximation, perhaps?
00:26:51Describe the circumstances in which the gift was made.
00:26:53Well, it would be sometime in 1965.
00:26:59Peter, that's my son, he'd be about 13 or 14,
00:27:03he'd become interested in fishing,
00:27:05and I remembered that there was a lot of Dad's old fishing tackle
00:27:08up in the attic at Gray's Way.
00:27:10And while I was sorting through the tackle in the attic,
00:27:13I came across the pot with the box,
00:27:16with the pot of basil in it.
00:27:18And when I came downstairs, I told Mother,
00:27:21and she told me to take it away.
00:27:22She was fed up with it.
00:27:25We've just heard your sister telling us
00:27:26that this vase was one of your mother's most treasured possessions.
00:27:30Well, yes, it was, until Uncle Basil died.
00:27:31Hadn't she herself given it this sentimental pet name,
00:27:35Pot of Basil?
00:27:36There was nothing sentimental about it.
00:27:38She had another name for it, Pot of Gold.
00:27:40Because she reckoned that when Uncle Basil died,
00:27:43we'd be able to fill it with sovereigns.
00:27:45Then, when that didn't happen, she lost interest,
00:27:47and she'd forgotten all about it
00:27:49when I told her I'd seen it in the attic.
00:27:52And when you reminded her, she told you it was yours?
00:27:55Yes.
00:27:56What happened to it after that?
00:27:57Well, I forgot all about it, too.
00:28:00I mean, I was never wild about the thing.
00:28:03And then Peter went to work for Mr. Graytrex,
00:28:07the antique dealer.
00:28:10Peter was very keen on old things,
00:28:13things that we thought was just a lot of junk.
00:28:16He reckoned he could get a price for.
00:28:18So I finally remembered the Pot of Basil.
00:28:23So I gave it to him and told him,
00:28:25go on, see if you can get a price for that.
00:28:28And when did you give the Pot of Basil to your son?
00:28:31Er, just before Christmas 1973.
00:28:35I reckoned that if he got a few quid for it,
00:28:37it would help him buy his Christmas presents.
00:28:39You did not know at that time the true value of the object?
00:28:43Oh, no.
00:28:44When did you find out?
00:28:47April 1974, just after the sale at Sotheby's.
00:28:50How did you feel when you heard the news?
00:28:53Well, how would you feel if you found out
00:28:56you'd just given away 95,000 pounds?
00:29:00Understandably aggrieved, as I'm sure you did.
00:29:02Yes, thank you, Mr. Fisher.
00:29:06So, Mr. Fisher, you didn't profit at all
00:29:08from the sale of the Pot of Basil?
00:29:10I didn't say that.
00:29:11Oh, then you did profit?
00:29:13Oh, yes.
00:29:14Yes, Peter and I went along to see Mr. Graytrex
00:29:17to have a talk about it.
00:29:19When was that?
00:29:20April 1974, just after the sale.
00:29:23I told him I didn't think it was fair what he'd done.
00:29:26How did Mr. Graytrex react?
00:29:29Well, he was quite nice about it.
00:29:31He pointed out that he wasn't obligated to do anything.
00:29:34He'd bought the vase from Peter for 50 pounds in good faith.
00:29:38A very good faith, as it turned out.
00:29:41And he reckoned that we were entitled to a slice of the cake,
00:29:44and so he wrote me out a cheque for 5,000 pounds.
00:29:485,000 pounds?
00:29:50Is that all?
00:29:51Yes, 5,000 pounds.
00:29:52Are you sure that that's all he offered you?
00:29:54Yes, yes, I can prove it.
00:29:56I have my bank statement for April in my pocket.
00:29:59It says that I paid him a cheque for 5,000 pounds
00:30:04on the 30th of April.
00:30:07How very fortuitous.
00:30:08What do you do for a living, Mr. Fisher?
00:30:09I'm an accountant.
00:30:10Really?
00:30:11A chartered accountant?
00:30:13Well, no.
00:30:14You're a bookkeeper, Mr. Fisher.
00:30:15It's not quite the same thing, is it?
00:30:17Well, I know as much as most of them.
00:30:18But you don't earn the same kind of money, Mr. Fisher.
00:30:21About 2,500 a year, I understand.
00:30:25Is that correct?
00:30:27Yes.
00:30:28What is Carrickbeg?
00:30:31I've no idea.
00:30:32Come, come, Mr. Fisher.
00:30:33Carrickbeg is a highly desirable residence in Barton Avenue,
00:30:36one of the most salubrious neighbourhoods in Fulchester, is it not?
00:30:39Yes, yes, it might be.
00:30:41You know it is, Mr. Fisher, because you had an order to view it in October of 1973.
00:30:46The asking price then was £28,000.
00:30:49Where were you going to get that kind of money from, Mr. Fisher?
00:30:51I wasn't going to buy it.
00:30:51I was just looking at it.
00:30:53But you went back for another look in June of 1974.
00:30:56Yes, the price had dropped.
00:30:58To £25,500.
00:31:00And, of course, the £5,000 from Mr. Greater X could have been a deposit.
00:31:04Yes.
00:31:05And it was indeed a deposit, not on the house,
00:31:07but a little bit on account from Mr. Greater X
00:31:09until he could pay you the rest of the sale price as previously arranged.
00:31:13No, no.
00:31:15No, I only got £5,000.
00:31:16I can prove it.
00:31:17You only have £5,000 at the moment, Mr. Fisher,
00:31:20because after your sister tumbled to what was going on,
00:31:23you didn't dare accept the rest of the money.
00:31:24But I put it to you
00:31:25that you knew very well the value of the pot of basil
00:31:28by October 1973, if not before.
00:31:31No, I didn't.
00:31:32And that with the help of your son and Mr. Greater X,
00:31:34you devised this ingenious plan,
00:31:36a fictitious gift from your son,
00:31:38from you to your son,
00:31:40and a fictitious sale from him to Mr. Greater X
00:31:42to ensure that you would get the lion's share
00:31:44and your brother and sister would get nothing.
00:31:45But it was mine.
00:31:47The pot of basil was mine.
00:31:48My mother had given it to me.
00:31:50Ah, yes.
00:31:50In 1965,
00:31:53a very coincidental seven years before your mother's death,
00:31:56taking it out of the realms of liability for death duties.
00:32:00But it was only £5,000.
00:32:03I'd have my bank statement to prove it.
00:32:05I know, Mr. Fisher.
00:32:06I've seen a copy.
00:32:08Thank you, Mr. Fisher.
00:32:14I call Peter Fisher.
00:32:19Thank you, Mr. Fisher.
00:32:27What is your religion?
00:32:28I haven't got one.
00:32:29I don't believe in it.
00:32:30Let him affirm.
00:32:32Just read aloud the words on this card.
00:32:34I do solemnly, sincerely, and truly declare and affirm
00:32:37that the evidence I shall give
00:32:38shall be the truth, the whole truth,
00:32:40and nothing but the truth.
00:32:42You are Peter Edward Fisher
00:32:44of 212 Derby Road, Fulchester.
00:32:46I am.
00:32:47And you work for Mr. Nigel Greater X
00:32:49at the Antiquary in Burton Street, Fulchester.
00:32:52Well, that's not strictly accurate.
00:32:54I beg your pardon?
00:32:56I don't actually work for Mr. Greater X.
00:32:57He's taking me into partnership,
00:32:59although the papers haven't been signed yet.
00:33:02Oh, Mr. Greater X must think very highly
00:33:04of your capabilities.
00:33:05Yes, well, you'll have to ask him that, won't you?
00:33:08Yes, quite.
00:33:10Now, Mr. Fisher,
00:33:11when did you first see part of Basil?
00:33:13The beginning of December 1973.
00:33:16Mm-hmm.
00:33:17Under what circumstances?
00:33:18Well, it was like the old man said.
00:33:20I was telling him the kind of money
00:33:22some of the old junk was fetching.
00:33:24I mean, stuff that used to be considered junk.
00:33:27You know, old kettles, mangles,
00:33:29almost any kind of old crockery.
00:33:30They're very much sought after these days.
00:33:32Yes, so I believe.
00:33:34Old mangles?
00:33:36You mean those old things
00:33:37that you turn a handle and press sheets?
00:33:41People pay money for them?
00:33:43Oh, yes, my lord.
00:33:44We sold one last week for £35.
00:33:46Oh, gracious me.
00:33:48I have one of them in my cellar.
00:33:50Maybe I could call round, my lord,
00:33:52make you an offer you can't refuse.
00:33:53Well, it is most certainly in very good condition.
00:33:56And I...
00:33:57Yes, well, I think perhaps first things first.
00:34:00Mrs. Dixon?
00:34:02Oh, yes, sir.
00:34:04Thank you, my lord.
00:34:06So, in December 1973,
00:34:08you and your father were discussing the antique trade.
00:34:11Yes.
00:34:13Well...
00:34:13Well, he produced the pot of basil
00:34:15and asked me if it was worth anything.
00:34:17Then what was your reply?
00:34:19Oh, I told him it might fetch a few quid
00:34:20if we found the right mug punter.
00:34:22Mug punter?
00:34:24Let's say someone who fancied that sort of thing.
00:34:27You did not recognise the object
00:34:29as being a valuable, indeed,
00:34:30almost priceless,
00:34:31Ming vase of the 15th century.
00:34:34Oh, no, of course not.
00:34:35That's a very specialised field.
00:34:37I'm into antique firearms and silver.
00:34:38I'm useless on that Chinese stuff.
00:34:40So I took it to Nigel,
00:34:42Mr. Greatericks.
00:34:43You thought he might be able to identify it for you?
00:34:46Oh, no, I didn't think there was anything to identify.
00:34:48I just thought he might buy it from me.
00:34:51And he did.
00:34:52For 50 pounds?
00:34:54Yes, eventually.
00:34:55And I had to talk him into it.
00:34:57I expect you were annoyed
00:34:58when you found out
00:34:59that he'd sold it for 95,000 pounds.
00:35:02No, not really, my lord.
00:35:04I mean, that's the antique business, isn't it?
00:35:06You win a few, you lose a few.
00:35:08You never know.
00:35:09May happen to me someday.
00:35:26Mr. Fisher,
00:35:27you seem to take the loss of 94,950 pounds
00:35:32very philosophically.
00:35:33It wasn't as much as that.
00:35:35Indeed?
00:35:35No, you have to deduct the auctioneer's commission.
00:35:38Mm-hmm.
00:35:39How long have you been in the antique trade?
00:35:41Six years and more.
00:35:43I went to work at the antiquary straight from school.
00:35:45Doing what?
00:35:46What do you mean, doing what?
00:35:47I was learning the business.
00:35:49And sweeping up and dusting
00:35:50and polishing and packing.
00:35:52In fact, a general dog's body.
00:35:54Oh, yes, to begin with.
00:35:56I mean, that's a pretty good way to learn about antiques.
00:35:58Handling them, feeling them,
00:36:00you get to notice things about them.
00:36:01I was learning all the time.
00:36:03Did you find the job interesting?
00:36:04Or boring?
00:36:06Both, I suppose.
00:36:07I didn't much fancy all that skivvying,
00:36:09but it got really interesting
00:36:10when Nigel took me out on the knocker.
00:36:12On the knocker?
00:36:13Oh, yes, my lord.
00:36:14You know, knocking on doors,
00:36:15seeing if people have got any old stuff
00:36:17they want to get rid of.
00:36:18We were a pretty good team.
00:36:19You see, Nigel would go in first
00:36:21and suss out anything worthwhile.
00:36:23Then I'd pop round a couple of days later
00:36:25and tell them I was working my way through col...
00:36:28Yes, well, I mean...
00:36:30I mean, Mr. Gretorix knew more about
00:36:31what sort of stuff to look for.
00:36:33But I was learning all the time.
00:36:35Hmm, obviously.
00:36:36That's what business is all about, isn't it?
00:36:38Buying as cheap as you can
00:36:40and selling for as much for a fair profit.
00:36:43Yes, as for instance,
00:36:44when you called on Mrs. Edwards,
00:36:46an old-age pensioner,
00:36:4721 Green Street,
00:36:48and paid her 50 pence
00:36:49for an American Indian head cent
00:36:52dated 1877,
00:36:53what did that fetch when you sold it?
00:36:55I can't remember.
00:36:5790 pounds, Mr. Fisher.
00:36:59It's a very fair profit, isn't it?
00:37:01For the antiquary,
00:37:02if not for Mrs. Edwards.
00:37:03I didn't know what it was worth
00:37:05when I bought it.
00:37:06Well, take the case of the box
00:37:07of magic lantern slides
00:37:08which you bought from a Mr. Carson.
00:37:10My lord, my learned friend
00:37:11is painting a very distorted picture.
00:37:13The fortuitous windfall
00:37:15is the lifeblood of the antique world
00:37:17and all this is quite irrelevant.
00:37:19Depend upon what you mean
00:37:20by fortuitous, Mrs. Dixon.
00:37:22However,
00:37:23if Mr. Logan had a point to make,
00:37:25he's already made it.
00:37:27I don't know.
00:37:29Tell me, Mr. Fisher,
00:37:30were there many occasions
00:37:31on which you did not know
00:37:32the worth of the articles
00:37:33you bought,
00:37:34what was the expression,
00:37:35on the knocker?
00:37:36Oh, yes, at first.
00:37:38And plenty of times
00:37:38it went the other way.
00:37:39I'd pay a good price
00:37:40for a bit of rubbish
00:37:41that we couldn't sell.
00:37:42Oh, dear.
00:37:43Wasn't Mr. Greater X
00:37:44rather angry when that happened?
00:37:45Well, he wasn't too pleased.
00:37:47But he explained to me
00:37:48where I'd gone wrong
00:37:49and I'd read up on the subject
00:37:50and I never made
00:37:51the same mistake twice.
00:37:53He must have taught you
00:37:54a great deal.
00:37:55Yes, well,
00:37:55I taught him a few things too.
00:37:57He comes to me
00:37:58if he wants to know anything
00:37:59about firearms or silver.
00:38:00And you go to him
00:38:01for information about furniture
00:38:03or coins or bronzes?
00:38:04Yes.
00:38:04Or Ming vases?
00:38:05Yes.
00:38:06Well, he didn't know
00:38:07much about them.
00:38:08Yes, he knew more than you,
00:38:09though, apparently.
00:38:09He just got lucky,
00:38:10that's all.
00:38:11I mean,
00:38:11it happens in our business.
00:38:13Mr. Fisher,
00:38:14do you consider yourself
00:38:15to be a law-abiding citizen?
00:38:17Yes, of course.
00:38:19You've no criminal record?
00:38:20Of course not.
00:38:21Well, have you ever been fined
00:38:22for breaking the law?
00:38:23What?
00:38:24Oh, you mean
00:38:26traffic offences,
00:38:27parking,
00:38:28that sort of thing.
00:38:28No, no, no.
00:38:29I'm referring to
00:38:29a much more heinous crime,
00:38:31a dastardly crime
00:38:32against society.
00:38:32Oh, my lord.
00:38:34I hope you can justify that,
00:38:36Mr. Logan.
00:38:37Yes, my lord.
00:38:38Mr. Fisher,
00:38:39is it not a fact
00:38:39that in November 1973
00:38:41you were fined 75 pence
00:38:42for keeping a library book
00:38:43considerably longer
00:38:44than the permitted time?
00:38:47Well, yes.
00:38:48I mean,
00:38:48everybody does sometime.
00:38:50And what was the book?
00:38:51I can't remember.
00:38:52I'm doing it all the time.
00:38:53I thought you might remember
00:38:54this book in particular.
00:38:55It was entitled
00:38:57Ming Pottery and Porcelain
00:38:59by Soam Jennings,
00:39:00and is considered to be
00:39:02the definitive work
00:39:02in that subject.
00:39:03Yes, but what you don't...
00:39:04It was reserved
00:39:05at the Fulchester Central Library
00:39:06by a Mr. Peter Fisher
00:39:07on the 8th of September 1973
00:39:09and issued to him
00:39:10on the 12th
00:39:11and not returned
00:39:12until November.
00:39:12That was nothing to do
00:39:13with our Ming vase.
00:39:14I was looking up
00:39:15something else entirely.
00:39:17I mean,
00:39:17I didn't even see
00:39:18the pot of basil
00:39:19until December
00:39:19after I'd returned the book.
00:39:22You could have taken
00:39:22the book out again.
00:39:23I didn't think.
00:39:25I mean,
00:39:25it was just a vase.
00:39:27With the informative words
00:39:28of Soam Jennings
00:39:29still fresh in your mind
00:39:30and your long experience
00:39:31of the fortuitous windfall
00:39:33in antiques...
00:39:34Now, really, Mr. Fisher,
00:39:36are you really saying
00:39:37that in December 1973
00:39:39when you handed that vase
00:39:40over to Mr. Greaterex
00:39:41that you did not know
00:39:42it was a Ming?
00:39:43Yes.
00:39:47You may leave
00:39:48the witness box.
00:39:49Well, that's not fair.
00:39:50I mean, he's making it look...
00:39:51I said you might
00:39:52leave the witness box.
00:39:58I call Nigel Greaterex.
00:40:04Nigel Greaterex!
00:40:05It has nothing to do with it.
00:40:07Is Mr. Greaterex in court?
00:40:09Uh, yes, my lord.
00:40:11Well?
00:40:29What is your religion?
00:40:31A church man.
00:40:31Take the Bible
00:40:32in your right hand
00:40:33and read aloud the words
00:40:34on this card.
00:40:35I swear by almighty God
00:40:37that the evidence
00:40:37I shall give you
00:40:38the whole tradition
00:40:39I've told it to other people.
00:40:40If you wish
00:40:41to have a discussion,
00:40:42would you please
00:40:43do so outside?
00:40:45If not,
00:40:46just sit quietly.
00:40:49Right.
00:40:50Mrs. Dixon?
00:40:52You are Nigel Greaterex
00:40:54of 17 Burton Street,
00:40:55Fulchester?
00:40:57Yes.
00:40:58And you are the owner
00:40:59of the antiquary
00:41:01and antique shop
00:41:02at the same address?
00:41:03Yes.
00:41:04Now, will you tell us, please,
00:41:05how this vase
00:41:06came into your possession?
00:41:08Yes.
00:41:10Well, young Peter
00:41:11brought it into the shop...
00:41:11Just one moment, please.
00:41:12Young Peter, now,
00:41:13would that be Peter Fisher?
00:41:15Oh, yes, I'm terribly sorry.
00:41:18Peter Fisher
00:41:19brought it into the shop
00:41:20one day
00:41:20and asked if I'd like
00:41:21to buy it.
00:41:22When was that?
00:41:23That was early
00:41:24in December 1973.
00:41:26Now, what was your opinion
00:41:27of the vase
00:41:28when you first saw it?
00:41:30Well, it was a very pretty vase,
00:41:32nice colour,
00:41:33eminently sellable.
00:41:34Did you recognise it as Ming?
00:41:36Oh, no, certainly not.
00:41:38You see, I know nothing about Ming.
00:41:40English pottery
00:41:41is my speciality.
00:41:42I'll tell you anything
00:41:43you like about English pottery,
00:41:45but not Chinese.
00:41:45I leave that to experts
00:41:47in the field.
00:41:48So, to you,
00:41:48it was just a pretty vase
00:41:50and worth about 50 pounds?
00:41:51Oh, yes,
00:41:52but I wasn't even sure of that.
00:41:54But I was willing
00:41:55to take a chance on it.
00:41:56And when did you find out
00:41:57its true value?
00:41:59In the March,
00:42:00when I took it to Sotheby's
00:42:02and they told me
00:42:02what it was.
00:42:04Well, that must have been
00:42:05a pleasant surprise.
00:42:06Well, I was flabbergasted.
00:42:08And then when it fetched
00:42:0995,000 at the auction,
00:42:11well, I mean,
00:42:12after all,
00:42:13we'd only expected
00:42:1460,000 pounds.
00:42:15We?
00:42:18Oh, no,
00:42:19me and Sotheby's,
00:42:20the chap I took it to.
00:42:22Yes, I see.
00:42:23Now, how did the Fishers
00:42:25find out about
00:42:26your little stroke of luck?
00:42:27Oh, I told Peter about it
00:42:28when I got back from Sotheby's
00:42:30from having it valued.
00:42:31Well, how did he take it?
00:42:32Oh, well,
00:42:33he was jolly angry at first.
00:42:34I mean,
00:42:35you can't blame him,
00:42:36really, can you?
00:42:36But,
00:42:37well,
00:42:38he knows that
00:42:39these kind of things
00:42:40happen in our business
00:42:41and he calmed down
00:42:42when I told him
00:42:43he wouldn't lose by it.
00:42:44Did you come to
00:42:45some sort of arrangement
00:42:46with him,
00:42:47some agreement
00:42:48as to his share
00:42:49of the sale?
00:42:50Oh, no.
00:42:51I mean,
00:42:52all's fair in love
00:42:53and antiques.
00:42:54I, um,
00:42:55I just gave him a rise.
00:42:57And Mr. John Fisher,
00:42:59did you discuss
00:42:59what he would get out of it?
00:43:01Not then,
00:43:02no.
00:43:03You see,
00:43:04I'd only expected
00:43:05to get 60,000 pounds
00:43:07for the vase.
00:43:08It wasn't until
00:43:09I got 95,000 pounds
00:43:11that I,
00:43:12well,
00:43:12I felt I could be generous
00:43:13and let him have 5,000.
00:43:15And also,
00:43:16when you decided
00:43:17to take on Peter
00:43:17as a partner.
00:43:19Oh, yes.
00:43:19Well, I could afford
00:43:20to take things
00:43:21a bit easier.
00:43:22Mr. Greatrix,
00:43:23was there at any time
00:43:24any collusion
00:43:26between you
00:43:26and the other two defendants
00:43:28to conceal
00:43:29the true nature
00:43:29of the sale
00:43:30of this vase?
00:43:31No.
00:43:32Thank you,
00:43:33Mr. Greatrix.
00:43:34Mr. Greatrix,
00:43:35you did not recognize
00:43:37this vase
00:43:38as a piece
00:43:38of 15th century Ming?
00:43:40No.
00:43:41I've already told you that.
00:43:43Well,
00:43:44what did you think
00:43:44it was
00:43:45that made it worth
00:43:4550 pounds?
00:43:48Well,
00:43:48I thought it might
00:43:50be a Victorian replica.
00:43:52It's a 19th century copy.
00:43:53Yes.
00:43:54You see,
00:43:55the potteries turned out
00:43:55quite a lot of them
00:43:56around then.
00:43:57There was quite a call
00:43:58for that sort of thing
00:43:59in Victorian times.
00:44:00And to which pottery
00:44:01did you ascribe
00:44:02this piece?
00:44:05Well,
00:44:05I didn't actually.
00:44:06You see,
00:44:07you see,
00:44:08there was no mark.
00:44:09Oh, come now,
00:44:10Mr. Greatrix,
00:44:10English pottery
00:44:11is your speciality.
00:44:12I'll tell you anything
00:44:13you like about English pottery.
00:44:14Isn't that what you said
00:44:15just now?
00:44:15Yes,
00:44:15but I can't be expected
00:44:17to know everything.
00:44:17I mean,
00:44:18it was just a pretty vase.
00:44:19Ah, yes,
00:44:20and eminently sellable.
00:44:21Yes.
00:44:23And you acquired it
00:44:24in early December 1973.
00:44:26Yes,
00:44:26when did you put it
00:44:27on display?
00:44:30I'm sorry,
00:44:30but...
00:44:31It's a simple question,
00:44:31surely.
00:44:31When did you offer it
00:44:32for sale in your shop?
00:44:35Well,
00:44:35I didn't actually
00:44:36put it in the shop.
00:44:38an eminently sellable
00:44:39piece of Victoriana
00:44:41with Christmas coming up,
00:44:43an ideal gift
00:44:44for somebody's
00:44:45rich Aunt Mabel,
00:44:46and you didn't even
00:44:47offer it for sale.
00:44:49Well, I...
00:44:50You did know
00:44:51what you were buying
00:44:52when you offered
00:44:52Peter Fisher
00:44:5350 pounds
00:44:54for what you had
00:44:54convinced him
00:44:55was a cheap
00:44:56Victorian replica,
00:44:57didn't you?
00:44:58No,
00:44:58I...
00:45:00I can assure you.
00:45:02Well,
00:45:03did you deliberately
00:45:03deceive Peter Fisher
00:45:05as to the real
00:45:05worth of the vase?
00:45:08I'm sorry,
00:45:09may I have a glass of water?
00:45:10Yes, of course.
00:45:15Do you think we should give
00:45:15the air, sir?
00:45:16I was solicited.
00:45:18I'd like to have a talk
00:45:19with Carl.
00:45:23I'm sorry,
00:45:24my lord.
00:45:24Do you feel well enough
00:45:25to continue?
00:45:28Well, I...
00:45:28Yes or no,
00:45:30Mr. Greatrix?
00:45:31Yes, I think so,
00:45:32my lord.
00:45:33Well, would you like
00:45:33the usher to bring
00:45:34you a chair?
00:45:35No, I shall be
00:45:36all right now,
00:45:37thank you.
00:45:38Oh, well.
00:45:39Let's get on with it,
00:45:40Mr. Logan.
00:45:41My lord.
00:45:43Oh, what is it now,
00:45:44Mrs. Dixon?
00:45:45My lord,
00:45:45I've just received
00:45:46some further instructions
00:45:47from my clients
00:45:48and would be obliged
00:45:49if you would allow
00:45:50a short adjournment
00:45:51to enable us
00:45:52to explore
00:45:53certain possibilities.
00:45:54Am I right
00:45:55in thinking
00:45:56that what you have
00:45:56in mind
00:45:57might help us
00:45:58bring this sorry matter
00:45:59to an early close?
00:46:00It is to be hoped
00:46:01so, my lord.
00:46:02Very well.
00:46:03I shall adjourn
00:46:04for 15 minutes.
00:46:06All stand.
00:46:14All stand.
00:46:26Oh, well, Mrs. Dixon,
00:46:28you've had an opportunity
00:46:30to discuss certain matters
00:46:31with Mr. Logan.
00:46:33What have you to report?
00:46:35Well, I'm afraid, my lord,
00:46:36that the area of disagreement
00:46:37between my clients
00:46:38and the plaintiff
00:46:39is, if anything,
00:46:41wider than before.
00:46:41There is not even
00:46:43the remotest chance
00:46:44of common ground
00:46:45being found.
00:46:46No, none that I can see,
00:46:47my lord.
00:46:47It was like driving
00:46:48repeatedly into a brick wall.
00:46:50Oh, well.
00:46:51The implication of that
00:46:53is that your client
00:46:54is being unreasonably stubborn,
00:46:56Mr. Logan.
00:46:59Oh, yes, my lord.
00:47:00I do not accept
00:47:01the implication
00:47:02that my client
00:47:03is being unreasonably stubborn.
00:47:05Stubborn?
00:47:05She's a vindictive old bitch.
00:47:07Never mind the money.
00:47:07You'll all end up in jail
00:47:08where you belong.
00:47:09Be quiet.
00:47:10It's not a trial, you want to do.
00:47:11I will not have this conduct
00:47:14in my court.
00:47:15I apologise on behalf
00:47:16of my client, my lord.
00:47:17And I on behalf of mine.
00:47:18Yes, well, all right.
00:47:19But I warn you,
00:47:19I am not going to take
00:47:20any more of this.
00:47:21As it's getting late,
00:47:22I think perhaps I shall adjourn.
00:47:24But, my lord,
00:47:25it is barely turn three.
00:47:27Then that will allow
00:47:28even longer
00:47:29for all tempers to cool,
00:47:31including my own.
00:47:34All stand.
00:48:05The case
00:48:06of Bell versus Fisher,
00:48:08Fisher and Greatrex
00:48:09will be concluded tomorrow
00:48:10in the Crown Court.
00:48:12or she will rethink
00:48:43An old vase, a family joke, for years,
00:48:46fetches £95,000 at auction.
00:48:48Was it an outright gift to him from his mother,
00:48:51as one of the defendants, John Fisher, claims?
00:48:53Or is the plaintiff, Mrs Constance Bell,
00:48:55entitled to her shared as part of her late mother's estate?
00:48:58The trial was interrupted yesterday
00:49:00for what appeared to be an attempt to settle the matter out of court.
00:49:03This was unsuccessful, and the cross-examination of Nigel Gretrex,
00:49:07one of the defendants, continues.
00:49:09Remember, you are still on oath, Mr Gretrex.
00:49:14Ah, Mr Gretrex, we were talking yesterday
00:49:16of why you did not put the vase on sale the moment you bought it.
00:49:21Yes.
00:49:23Well, very often, if something comes into the shop that I like,
00:49:26I take it home to the flat for a while.
00:49:29And you liked this vase?
00:49:30Yes, it was a very pretty vase.
00:49:33Besides, I'd just sold a piece of wedgewood from my own collection
00:49:36and had a space on my shelves.
00:49:37So it stood in your flat over Christmas and into the new year
00:49:42until March, in fact, when you took it to Sotheby's for a valuation?
00:49:46Yes.
00:49:47Why?
00:49:50I'm sorry, why? Why what?
00:49:52Why did you suddenly decide that this Victorian replica
00:49:54was worth all the time and the trouble
00:49:56and the expense of a visit to Sotheby's?
00:50:00Well, living with the piece, seeing it day after day,
00:50:04it began to grow on me.
00:50:07And, well, in this business,
00:50:09you develop a kind of sixth sense about these things.
00:50:12A very slow sort of sixth sense
00:50:13that takes three months to swing into action.
00:50:16Yes, well, I'm quite sure had I been a clever plotter,
00:50:19I would have not wasted quite so much time.
00:50:21On the contrary, Mr. Greaterex,
00:50:23it is just about the length of time
00:50:24that a clever plotter would allow
00:50:26before proceeding to the next stage of his plan.
00:50:29I have no further questions, my lord.
00:50:31Thank you, Mr. Greaterex.
00:50:34That concludes the case for the defendant.
00:50:40My lord, as I indicated earlier in the case,
00:50:43I have a witness who was unavoidably detained
00:50:45and was unable to give his evidence at the appropriate time.
00:50:48That witness has now arrived,
00:50:50and I would ask your lordship if I might now call him.
00:50:53Oh, well.
00:50:54I call Albert Fisher.
00:50:57Albert Fisher, please.
00:51:09What is your religion?
00:51:10Buddhist.
00:51:14I declare in the presence of Buddha that I am unprejudiced,
00:51:16and if what I shall speak should prove false,
00:51:18or if by colouring the truth others shall be led astray,
00:51:21then may the holy existences, Buddha, Damra, and Prosanglia,
00:51:23in whose sight I now stand,
00:51:25together with the devotees of the 22 firmans,
00:51:27punish me and also my migrating soul.
00:51:31Oh, yes.
00:51:32You are Albert Basil Fisher?
00:51:35Yes.
00:51:36And you live at 14...
00:51:39Shao Kuyuan Road, Hong Kong?
00:51:41Shao Kai Wang.
00:51:42Ah.
00:51:42That is correct.
00:51:43One moment, please.
00:51:44Am I to understand that you've come all the way from Hong Kong,
00:51:47especially for this trial?
00:51:48No, not exactly, my lord.
00:51:50This is mainly a business trip.
00:51:51But when I heard this case was coming up,
00:51:53I thought it was about time someone tried to sort this family out.
00:51:56I'm inclined to agree with you.
00:51:59Yes, you are the brother of John Fisher and Mrs Constance Bell,
00:52:02and with them a beneficiary under your late mother's will?
00:52:05Yes and no.
00:52:07I beg your pardon?
00:52:09Yes, I am the brother of John Fisher and Mrs Constance Bell.
00:52:12No, I did not benefit from my mother's will.
00:52:15Yes, but...
00:52:17But when the estate was settled,
00:52:18you received one-third share,
00:52:21a cheque for £3,112.90.
00:52:25Yes, but I didn't benefit from it.
00:52:27I gave it all to charity.
00:52:28All?
00:52:29Every penny.
00:52:30I wanted no part of it.
00:52:31You have no use for money?
00:52:33No use for some money, my lord.
00:52:36I'm a very successful businessman,
00:52:38but I have an almost pathological aversion to bequests.
00:52:42You see, I grew up listening to those two
00:52:44talking about what they would do when Uncle Basil died
00:52:46and made them rich.
00:52:48And when that damn pot of basil was on display,
00:52:50I got thumped and kicked and screamed at
00:52:52if I went anywhere near it,
00:52:53in case it got broken
00:52:54and Uncle Basil cut them out of his will.
00:52:57Now, I was only ten when Uncle Basil died,
00:52:59but I can still remember the reading of his will.
00:53:01It was one of the most enjoyable days of my life.
00:53:04It was then that I decided never to expect anything from anyone.
00:53:07That's a remarkable conclusion for a boy of ten.
00:53:09No, not really.
00:53:11I mean, look what it did to them.
00:53:13My father wanted John to be a chartered accountant,
00:53:16but John couldn't be bothered.
00:53:18Uncle Basil was going to make him rich,
00:53:20so why study?
00:53:21Well, now he's a bookkeeper.
00:53:24All Constance ever did was loll about the house
00:53:26reading fashion magazines,
00:53:27practising to be a lady.
00:53:29She never made it, either.
00:53:31Now, when I left home in 1956
00:53:33to do my national service,
00:53:35they were still blaming Uncle Basil
00:53:36for the mess they'd made of their lives.
00:53:39When I got demobbed, I didn't go home.
00:53:41I'd done some service in the Far East,
00:53:43so I went back there
00:53:43and got into Uncle Basil's business.
00:53:45Spices.
00:53:46I now own the firm that he founded.
00:53:49In fact, I'm Uncle Basil all over again.
00:53:52And I can tell them now to expect from me
00:53:54exactly what they got from him.
00:53:56Yes, this is all very interesting, I'm sure, Mr Logan,
00:53:58but aren't we straying from the point?
00:54:00Yes, indeed, my lord.
00:54:02Yes, Mr Fisher,
00:54:03what we're investigating here
00:54:06is the title of the article of pottery,
00:54:08which was known in the Fisher household
00:54:10as Pot of Basil.
00:54:12Oh, yes.
00:54:12Yes, treated like the Holy Grail
00:54:14when Uncle Basil was around,
00:54:16chucked in the attic when he wasn't.
00:54:17Quite.
00:54:18Now, your brother has stated
00:54:19that your mother treated the vase as a joke,
00:54:21while your sister maintains
00:54:22that it was one of your mother's
00:54:23most treasured possessions.
00:54:25Really?
00:54:26Well, what would you say
00:54:27was your mother's attitude towards it?
00:54:28Well, that's easy.
00:54:29She hated the sight of it.
00:54:31No, no, that's too strong.
00:54:33My mother never hated anyone or anything.
00:54:36I think possibly she resented it.
00:54:38Oh, not because Uncle Basil didn't come across,
00:54:40but, well, because of what it had done to her children.
00:54:43With the exception of yourself, of course.
00:54:46Well, she knew it was one of the things
00:54:47that had driven me out of the house.
00:54:49Yes, I think she might have resented that too.
00:54:51Well, that's a different account
00:54:52from the one that we've heard from your sister
00:54:55or from your brother.
00:54:56Yes, I'm sure it is.
00:54:58Would it surprise you to hear
00:54:59that your brother has claimed
00:55:00that your mother gave him the pot of basil in 1965?
00:55:04No, it wouldn't surprise me to hear
00:55:05that he claimed that at all.
00:55:06Although I know for a fact it's not true.
00:55:09And what makes you say that?
00:55:10My mother gave me the vase in 1969.
00:55:13That is a lie.
00:55:14It's a bloody lie.
00:55:15Remove that man from the court.
00:55:16He gave it to me.
00:55:17I'm the eldest.
00:55:18He wanted me to have it.
00:55:21Your mother gave you the vase in 1969?
00:55:25Yes.
00:55:25Do you have any proof of this?
00:55:27Any deeds or documents or a witness?
00:55:30No, but then neither does John.
00:55:33Well, then can you tell us something
00:55:34of the circumstances in which the gift was made?
00:55:37Yes.
00:55:38Well, I was spending the weekend with my mother.
00:55:40Now, did you often visit your mother?
00:55:43I live in Hong Kong.
00:55:45I have a business to run.
00:55:48Would you mind answering the question?
00:55:50Did you often visit your mother?
00:55:53I can see what you're getting at.
00:55:55No, it was the first time I had visited her
00:55:57since I left home in 1956.
00:55:59Oh, a real prodigal son.
00:56:01Hardly prodigal.
00:56:02I already owned my own business by then.
00:56:04Your first visit home in, what, 13 years,
00:56:07and your mother gives you the family heirloom?
00:56:09Yes.
00:56:09She told me to take it back to China,
00:56:11where it belonged.
00:56:12Well, why didn't you, Mr Fisher?
00:56:13I've already told you.
00:56:14I wanted no part of that house.
00:56:16Oh, did you tell your mother?
00:56:17Yes.
00:56:18But she wouldn't believe me.
00:56:20Oh, with those two to judge from,
00:56:21she couldn't imagine a child of hers
00:56:23without the vulture instinct.
00:56:24Now, did you actually see the vase on this visit?
00:56:27Yes, it was in the attic when I looked.
00:56:29Did you touch it at all on that occasion?
00:56:32No.
00:56:32Why should I?
00:56:33Your mother did not physically hand it over to you.
00:56:36No.
00:56:39Were you present at the family meeting
00:56:42when the distribution of property was discussed?
00:56:44Yes, indeed.
00:56:45I wouldn't have missed that for all the spice in China.
00:56:47And was part of pot of basil discussed at this meeting?
00:56:50No, nor did I expect it to be.
00:56:52I already knew by then it had disappeared from the attic.
00:56:55Oh, you checked.
00:56:56Oh, yes, indeed.
00:56:57I know those two.
00:56:59You see, there were two things of value in that house.
00:57:02After the funeral, I checked.
00:57:04Both were missing.
00:57:05Two things of value?
00:57:08Yes, the Ming vase.
00:57:09Ah, so you knew it was Ming.
00:57:11Oh, yes, I knew it was genuine Ming.
00:57:14I'd seen plenty of it in the Far East.
00:57:15Though I didn't know its real value,
00:57:17I thought it might be worth a couple of thousand.
00:57:20What was the other item of value?
00:57:22An oil painting.
00:57:23An oil painting?
00:57:25Yes.
00:57:26A view of Lake Windermere.
00:57:27My lord, I can't see what this oil painting
00:57:29has to do with the case we're discussing.
00:57:31Nor could I for the moment, Mr Logan,
00:57:33but it might be interesting finding out.
00:57:36A view of Lake Windermere.
00:57:37Now, what made this painting valuable?
00:57:40My lord, I have received further instructions from my client
00:57:43and would be obliged if your lordship would grant a short adjournment
00:57:46so that we may explore certain possibilities.
00:57:49No, I will not, Mr Logan.
00:57:51This case has already tested my patience beyond endurance.
00:57:54We shall hear it to the bitter end.
00:57:57And I suspect I am using that word in its literal sense.
00:58:02Continue, Mrs Dixon.
00:58:04What made this painting so valuable, Mr Fisher?
00:58:07It was painted by an artist called John Rathbone
00:58:10towards the end of the 18th century.
00:58:12His works usually fetch around 2,000 each.
00:58:15Oh, are you an expert on minor English painters?
00:58:17No, I'm not.
00:58:18But I got my information from an informed source.
00:58:21From whom?
00:58:23Constance's husband.
00:58:24He's an art teacher.
00:58:25She gave it to me.
00:58:26The painting is mine.
00:58:27Take that woman out of course.
00:58:28She said I could have it.
00:58:29Will you come along home, please?
00:58:46Mr Fisher, when did you last see this oil painting in your mother's house?
00:58:50My lord, we're not here to discuss an oil painting.
00:58:52We're simply concerned with the pot of basil.
00:58:54My lord, if the mother gave the painting to the daughter,
00:58:58then it adds credence to our claim that she gave the vase to the elder son.
00:59:02Or to the younger son, are a tenuous argument, Mrs Dixon.
00:59:06However, if you insist...
00:59:08My lord, in view of this line of examination and its possible consequences for the plaintiff,
00:59:12I ask your lordship to allow my client to return that she might hear it.
00:59:15May I make the same application on behalf of my client?
00:59:17Oh dear, oh dear, I don't know that I should be able to stand it.
00:59:20However, bearing in mind the information that is coming to light,
00:59:23I suppose it would be in their best interest if they were present.
00:59:27Very well, Usher.
00:59:35Just one moment.
00:59:37I want these two kept as far apart as possible.
00:59:40Is there any room at the back of the court over there?
00:59:42I'm afraid not, my lord.
00:59:43Oh, dearie me, right.
00:59:44Mrs Bell, will you please go and sit up at the back of the court there?
00:59:50But that's where the prisoners sit.
00:59:51There are no prisoners in this case yet.
00:59:54But there may well be, if only for contempt of court.
00:59:58Now, will you please sit where I have indicated?
01:00:03And may I also suggest that Mrs Bell's solicitor sit somewhere near her in case of emergency?
01:00:11Right.
01:00:12Are we all sitting comfortably?
01:00:15Then let us continue.
01:00:19Mr Fisher, when did you last see this oil painting in your mother's house?
01:00:23The night before my mother died.
01:00:25It usually hung in the dining room.
01:00:27Is that where you saw it that night?
01:00:29No, it was in the cupboard under the stairs.
01:00:32Jerry, that's Constance's husband,
01:00:34Jerry and I were looking for an extra hot water bottle for mother when we came across the painting.
01:00:39That's when he told me how much it was worth.
01:00:41Then after the funeral, when we met to sort out the loot, I looked again and it wasn't there.
01:00:46So, according to you, a Ming vase and a valuable oil painting were both missing.
01:00:50Now, did you mention this at the family meeting?
01:00:53No, why should I?
01:00:55After all, they were only robbing each other.
01:00:57One finds oneself wondering why you attended that meeting at all.
01:01:00Oh, for fun.
01:01:01You must admit it was pretty funny.
01:01:04Constance thought she'd pulled a fast one with the painting and all the time John was doing her for 95
01:01:07,000.
01:01:08You don't like your brother and sister very much, do you?
01:01:11No.
01:01:12And their discomfiture in this court is giving you a great deal of pleasure.
01:01:15All their lives they've whined about not getting what they're entitled to.
01:01:19Well, I think this time they might make it.
01:01:22You appear to be a very vindictive man, Mr. Fisher.
01:01:25As you can see, it runs in the family.
01:01:28No further questions, woman?
01:01:30Thank you, Mr. Fisher.
01:01:33Oh, my lord, as a result of some of the evidence given by the last witness, I would like to
01:01:40recall the defendant, John Fisher.
01:01:42Very well.
01:01:53You are still on oath, Mr. Fisher?
01:01:56Yes.
01:01:57Now, Mr. Fisher, your brother has testified that the pot of basil was in the attic of your mother's house
01:02:03on his visit to this country in 1969.
01:02:06Now, would you care to comment on that in the light of your statement that she gave you the pot
01:02:12of basil in 1965?
01:02:13Yes, yes.
01:02:14My mother gave me the pot of basil in 1965.
01:02:17That is when it became my property.
01:02:19Of course, the jar was still in the attic in 1969.
01:02:24I left it there till it was convenient for me to take it to my own place.
01:02:27I mean, I had lots of things stored in my mother's house.
01:02:30There was my golf clubs, for instance.
01:02:32I hadn't played golf since I got married, so I left my clubs with mum.
01:02:36Then there was my McConnell set.
01:02:38That was mine, but I didn't take it back till after the funeral.
01:02:41And the hamster cage.
01:02:43Yes, thank you.
01:02:43I think you've made your point.
01:02:44Now, there is no doubt at all in your mind that the date on which your mother gave you that
01:02:49vase was 1965.
01:02:51No doubt at all.
01:02:53Sir Logan.
01:02:54I have no cross-examination, Lord.
01:02:56Thank you, Mr Fisher.
01:02:57But I would like to recall my client, my lord, for the same reasons.
01:03:01Oh, there is a danger that this is never going to end.
01:03:04All right, go ahead.
01:03:06Caller.
01:03:15You are still on oath.
01:03:17I don't mind taking it again.
01:03:18I've got nothing to hide.
01:03:19Just listen to your counsel.
01:03:22Now, Mrs Bell, do you have this oil painting, View of Lake Windermere, by John Rathbone, in your possession?
01:03:31Yes.
01:03:31Mother gave it to me.
01:03:33When?
01:03:33It was years and years ago when Jerry and I were first setting up house in 1949.
01:03:39We'd been to Lake Windermere on our honeymoon and mother knew just how much we enjoyed it.
01:03:43How?
01:03:44They never even sent her a postcard.
01:03:45Why don't you start?
01:03:47It was then she gave me the painting.
01:03:49Yes, but we have heard that it was in a cupboard under the stairs in your mother's house the night
01:03:53before she died.
01:03:54We only had a flat.
01:03:56It wouldn't have looked nice hanging in a small flat.
01:03:59So we left it there until we had somewhere nice to hang it.
01:04:02So you stored it at your mother's?
01:04:05Yes, it was there, but it was mine.
01:04:07It's always been mine.
01:04:08It's got nothing to do with him or anybody else.
01:04:11Thank you, Mrs Bell.
01:04:13Aren't you going to ask me about him?
01:04:14I mean, young Mr Holier than thou.
01:04:17I have no more.
01:04:17I want nothing from this family, he says.
01:04:20I have no more questions, Mrs Bell.
01:04:20Why don't you ask him about Dad's coin collection?
01:04:24Funny we haven't seen it since he went to China.
01:04:26I mean, what did he buy his ticket with?
01:04:27Out, out.
01:04:28Take her out of the court.
01:04:40Members of the jury, despite the many diversions and digressions of the past few days,
01:04:44I'm going to tell you that this is a very simple case.
01:04:47A case so simple, in fact, that it should never have been brought to this court.
01:04:50To waste so much of your valuable time.
01:04:53Now, my client, John Fisher, is an honest, hard-working man.
01:04:59So, why is he here?
01:05:01He is here because his sister, who has displayed in this court a capacity for vindictiveness
01:05:08that would make a harpy look like a fairy godmother.
01:05:12He is here because that sister is jealous of his good fortune.
01:05:16Or rather, I should say, of his imagined good fortune.
01:05:19For what did John Fisher receive for part of Basil?
01:05:23Five thousand pounds.
01:05:25Only five thousand pounds.
01:05:28And that was merely a generous gesture.
01:05:30Not called for in law.
01:05:32On the part of one or the other of the defendants, Nigel Greatrix.
01:05:37Five thousand pounds.
01:05:38Well, now, the way prices are today, she'll soon be getting that much and more
01:05:42for her view of Lake Windermere.
01:05:44Her title to which has exactly the same validity as that of John Fisher to Pot of Basil.
01:05:50Namely, a gift from their mother.
01:05:53But implications have been made in this court of some sort of conspiracy.
01:05:57Of some deep plot to cover up the sale of this vase.
01:06:00Now, really, my clients are not stupid men.
01:06:04Mr. Greatrix has been a pillar of the antique world for years.
01:06:08Mr. Peter Fisher is a man of considerable experience in the field.
01:06:12And the top antique auctions are now front-page news.
01:06:15Now, could these men really believe that the sale of this vase for ninety-five thousand pounds
01:06:21could possibly remain a secret?
01:06:24So, where is the conspiracy?
01:06:27Indeed, was there ever any need for a conspiracy?
01:06:30John Fisher has told us that this vase was a gift to him from his mother in 1965.
01:06:36Now, is that so very hard to believe?
01:06:39He is the eldest child who never let a week go by without visiting his mother.
01:06:44And against that, we have the claim of gift to young Albert,
01:06:48who left home in 1956 and visited his mother twice.
01:06:53Once in 1969 and once the night before she died.
01:06:58Well, now, who would you give the vase to if you were the mother?
01:07:02It is quite obvious that John Fisher removed the vase from his mother's house in 1972
01:07:08because he knew it was his own property and had been for years.
01:07:13I invite you so to find and to return a verdict for the defendants.
01:07:19As members of the jury, John Fisher claims that his mother gave him the vase in 1965.
01:07:27Albert Fisher states that he was given the vase in 1969.
01:07:31Well, who is to be more readily believed?
01:07:34John with ninety-five thousand pounds and a somewhat shaky future at stake?
01:07:39Or Albert, who stands to gain nothing?
01:07:42Albert, who gave his testimony openly?
01:07:46Perhaps too openly?
01:07:48Or John, who only remembered that he had left the vase in his mother's house
01:07:52after it had been shown to be there in 1969?
01:07:56And then we must consider the passage of the vase through the hands of all three defendants.
01:08:02Now, were they really unaware of what they were holding?
01:08:04Is it coincidence that Peter took from the library the authoritative book on Ming pottery in the August
01:08:10and that John was looking at houses priced beyond his normal means in the October?
01:08:16Is that not the action of a man who is expecting a fortuitous windfall?
01:08:21Now, if it were his legal property, as he claims,
01:08:24now why didn't he take it to Sotheby's himself?
01:08:27Because that kind of story would have made newspaper headlines
01:08:30instead of the more discreet pages of country life.
01:08:33and discovery by his sister would have been certain.
01:08:37Had his conscience been clear, that wouldn't have mattered.
01:08:40But in the circumstances, I submit that the defendant's stories are false
01:08:44and I accordingly ask you to find for the plaintiff.
01:08:47Now, members of the jury,
01:08:50in essence, this case is a simple one.
01:08:52The mother of the plaintiff and of the defendant, in her will,
01:08:55left all the contents of the house to her three children,
01:08:58Mrs. Bell, Mr. John Fisher and Mr. Peter Fisher, in equal shares.
01:09:03The question is, was this Ming vase still the property of the deceased at the time of her death
01:09:09so that it was still something that could properly be called the contents of the house?
01:09:15The other question is, whether or not the vase was given to John Fisher in 1965,
01:09:21as he says it was, if it was, you should find for the defendant,
01:09:27if it was not, you should find for the plaintiff.
01:09:30Now, you must put out of your mind all thoughts of coin collections and oil paintings and things of that
01:09:37kind
01:09:37and concentrate solely on the piece of pottery,
01:09:40the one called by the family Pot of Basil.
01:09:43Also put out of your mind the suggestion made by Albert Fisher
01:09:47that the pottery was given to him on his own evidence.
01:09:51He rejected it.
01:09:53Now, if you think that this vase was not given to John Fisher in 1965,
01:09:59it follows that it belonged to the estate of the deceased.
01:10:03The question then arises as to whether or not the defendant,
01:10:08Gretorix, bought the vase, as he claims he did,
01:10:11and bought it in good faith from Peter Fisher.
01:10:14If he did buy it in good faith,
01:10:16then he has committed no wrong and there is no claim against him.
01:10:20If he, however, did not buy it or did not buy it in good faith,
01:10:25then he is equally liable for the whole of the value of the vase.
01:10:31I therefore wish you to return what is called a special verdict.
01:10:36The first question is,
01:10:39did the deceased give the vase to John Fisher before her death?
01:10:43The second question,
01:10:45which arises if your answer is in the negative to the first question,
01:10:49is as follows.
01:10:50Did the defendant, Gretorix,
01:10:53purchase the vase in good faith from Peter Fisher?
01:10:57Now, remember that in a civil case such as this,
01:11:00the burden of proof lies on the plaintiff.
01:11:03The plaintiff must establish her case
01:11:06on the balance of probabilities.
01:11:09Now, members of the jury,
01:11:10would you kindly retire to consider your verdict.
01:11:13All stand.
01:11:29Members of the jury,
01:11:30will your foreman please stand.
01:11:31Just answer this question, yes or no.
01:11:34Have you decided upon answers to the agreed questions
01:11:36which you have before you?
01:11:38Yes.
01:11:39Did the deceased give the vase to John Fisher before her death?
01:11:43No.
01:11:45Did the defendant, Gretorix,
01:11:46purchase the vase in good faith from Peter Fisher?
01:11:49No.
01:11:59Judgment was awarded against the three defendants,
01:12:02John Fisher, Peter Fisher and Nigel Gretorix,
01:12:05for £95,000
01:12:06and they were ordered to pay the plaintiff's costs.
01:12:11The End
01:12:11The End
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