*/
A matter for the jury
Peter Murphy
No Exit Press (2014); RRP £8.99
ISBN: 9781843442851
Fans of Judge Peter Murphy’s A Higher Duty wondered which of the array of characters he would particularly take forward into the much anticipated sequel. Fortunately it has turned out to be Ben Schroeder, the brilliant young man from the Jewish East End fur trade family who have nicknamed him “Viceroy”, after Rufus Isaacs, the most famous Jewish barrister and who (this being the 1960s) had been the only Jewish Lord Chief Justice as well as Viceroy of India. Whatever else can be said about Ben, his suits needless to say are immaculately well tailored. That, however, is not Ben’s worry. His “darkest fears” are that he will not “belong to the barristers’ club”. The novel takes place in 1964.
I was Called 10 years after that and can indeed recall barristers seeing their Jewish colleagues as members of a separate club, with Jewish solicitors briefing “their own”.
Although Ben clearly feels the need to prove himself, his future looks bright. He is in good chambers, his Christian solicitors love him, and the judges recognise his precocious talents as an advocate. In the brilliantly written scene in the Court of Criminal Appeals, where the smell of wigs and old panelling nearly comes off the page, he almost persuades Lord Parker to accept his arguments.
The novel follows Ben’s career in two major cases. Same court (Huntingdon) and same solicitors, including bright, pretty Jess, the incipient love interest. In the first trial he represents a vicar charged with exposing himself to a 10-year-old boy in the vestry; in the main case he is led in defending a lock-keeper who allegedly attacked a courting couple, murdering the man and raping and nearly murdering the woman.
There are connecting elements here. The first is how little the lawyers know their own clients, who have private demons they won’t admit to and no one knows how to discover. Neither defendant has any insight on himself. Neither, for that matter, does leading counsel for the defence in the capital murder. Martin Hardcastle QC is brilliant, arrogant and an alcoholic. The passages describing how he sets about his drinking sessions are frighteningly real. Naturally he assumes he can get away with anything on grounds of sheer ego, including the odd day out of court while he sobers up, leaving his very junior junior to cross-examine the most important witness for the Crown. It is Ben, whose judgment never falters, who gets it right, but he is overruled in a crucial decision.
Would it have made any difference? It is the unanswerable question in any trial. This leads us on the title: the barristers do not decide, it is the jury who is entitled to find the guilty to be not guilty, and vice versa.
In A Higher Duty Peter Murphy wrote more about the barristers themselves. Here the spotlight is on the defendants, the witnesses, the judges, and even the hangman since this is 1964 and capital murder means what it says. “Real” people are portrayed as convincingly as the fictional. Some of the characters in the earlier book wait in the wings, modestly reminding the reader what happened to them last time, and no doubt anticipating a more starring role in the third volume to which we look forward.
Fans of Judge Peter Murphy’s A Higher Duty wondered which of the array of characters he would particularly take forward into the much anticipated sequel. Fortunately it has turned out to be Ben Schroeder, the brilliant young man from the Jewish East End fur trade family who have nicknamed him “Viceroy”, after Rufus Isaacs, the most famous Jewish barrister and who (this being the 1960s) had been the only Jewish Lord Chief Justice as well as Viceroy of India. Whatever else can be said about Ben, his suits needless to say are immaculately well tailored. That, however, is not Ben’s worry. His “darkest fears” are that he will not “belong to the barristers’ club”. The novel takes place in 1964.
I was Called 10 years after that and can indeed recall barristers seeing their Jewish colleagues as members of a separate club, with Jewish solicitors briefing “their own”.
Although Ben clearly feels the need to prove himself, his future looks bright. He is in good chambers, his Christian solicitors love him, and the judges recognise his precocious talents as an advocate. In the brilliantly written scene in the Court of Criminal Appeals, where the smell of wigs and old panelling nearly comes off the page, he almost persuades Lord Parker to accept his arguments.
The novel follows Ben’s career in two major cases. Same court (Huntingdon) and same solicitors, including bright, pretty Jess, the incipient love interest. In the first trial he represents a vicar charged with exposing himself to a 10-year-old boy in the vestry; in the main case he is led in defending a lock-keeper who allegedly attacked a courting couple, murdering the man and raping and nearly murdering the woman.
There are connecting elements here. The first is how little the lawyers know their own clients, who have private demons they won’t admit to and no one knows how to discover. Neither defendant has any insight on himself. Neither, for that matter, does leading counsel for the defence in the capital murder. Martin Hardcastle QC is brilliant, arrogant and an alcoholic. The passages describing how he sets about his drinking sessions are frighteningly real. Naturally he assumes he can get away with anything on grounds of sheer ego, including the odd day out of court while he sobers up, leaving his very junior junior to cross-examine the most important witness for the Crown. It is Ben, whose judgment never falters, who gets it right, but he is overruled in a crucial decision.
Would it have made any difference? It is the unanswerable question in any trial. This leads us on the title: the barristers do not decide, it is the jury who is entitled to find the guilty to be not guilty, and vice versa.
In A Higher Duty Peter Murphy wrote more about the barristers themselves. Here the spotlight is on the defendants, the witnesses, the judges, and even the hangman since this is 1964 and capital murder means what it says. “Real” people are portrayed as convincingly as the fictional. Some of the characters in the earlier book wait in the wings, modestly reminding the reader what happened to them last time, and no doubt anticipating a more starring role in the third volume to which we look forward.
A matter for the jury
Peter Murphy
No Exit Press (2014); RRP £8.99
ISBN: 9781843442851
Chair of the Bar reflects on 2025
Q&A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
Revolt Cycling in Holborn, London’s first sustainable fitness studio, invites barristers to join the revolution – turning pedal power into clean energy
Rachel Davenport, Co-founder and Director at AlphaBiolabs, reflects on how the company’s Giving Back ethos continues to make a difference to communities across the UK
By Marie Law, Director of Toxicology at AlphaBiolabs
AlphaBiolabs has made a £500 donation to Sean’s Place, a men’s mental health charity based in Sefton, as part of its ongoing Giving Back initiative
Professor Dominic Regan and Seán Jones KC present their best buys for this holiday season
Little has changed since Burns v Burns . Cohabiting couples deserve better than to be left on the blasted heath with the existing witch’s brew for another four decades, argues Christopher Stirling
Six months of court observation at the Old Bailey: APPEAL’s Dr Nisha Waller and Tehreem Sultan report their findings on prosecution practices under joint enterprise
Despite its prevalence, autism spectrum disorder remains poorly understood in the criminal justice system. Does Alex Henry’s joint enterprise conviction expose the need to audit prisons? asks Dr Felicity Gerry KC
With automation now deeply embedded in the Department for Work Pensions, Alexander McColl and Alexa Thompson review what we know, what we don’t and avenues for legal challenge