I may not remember this quite accurately but back in the early 1960s there were four courts on the first floor of the Old Bailey. A visiting High Court judge sat in Court No.1 to deal with murder cases. In Court 2 was the recorder of London, the genial and kindly Carl Aarvold. In Court 3 was Mervyn Griffith-Jones, the common serjeant, who is most remembered for his remarks when prosecuting in the Lady Chatterley obscenity case: ‘...would you approve of your young sons, young daughters – because girls can read as well as boys – reading this book?’ He could become quite flushed after an Old Bailey judges’ luncheon.

Morton landscape

James Morton

In Court 4 was the entertaining if eccentric John Maude, son of the actor-manager Cyril. Downstairs were Courts 5 to 7 where ‘Jolly’ Judge Rogers, Alan King-Hamilton and the extremely difficult Edward Clarke could be found. Later, an eighth court was added and then, across the road, non-custodial cases were heard in the West Courts.

Clarke inspired fear, which I suppose is what an Old Bailey judge should do to professional criminals. But once he was heard to tell a senior barrister, ‘Watch it, woman’. One afternoon, with Wilfrid Fordham defending, Clarke was in a sour mood. Something about the defence upset him and he said Wilfrid and I must see him in his chambers at the end of the day. I turned up and, with no sign of Wilfrid, I tapped on the door. Clarke’s attitude had changed. In fact, I think he had forgotten the incident at which he had taken umbrage. ‘Sit down, sit down. Where’s Wilfrid then? Back in chambers having tea I suppose.’ There was a knock on the door: ‘This’ll be Wilfrid. He’s always late.’

In fact it was Peter Donnelly, my managing clerk, come to give moral support. ‘Who’s this?’ asked Clarke. When I told him he said, displaying the courtesy shown to the lower orders in the 1960s, ‘well, if he’s just your clerk he can stand’. Nothing more was said of the afternoon’s spat and we chatted about the cricket. ‘Well, Wilfrid’s clearly not coming today,’ Clarke finally said, ‘you’d better go back to your office’. 

 

James Morton is a writer and former criminal defence solicitor

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