Delphi Complete Works of Sir Arthur Conan Doyle (Illustrated) (680 page)

‘That will be held to exonerate them.’

‘No, sir, I think not.  “Frequently and periodically” does not mean four times in fourteen months.’

‘A jury might take it so.’

‘Consider, sir, that the object was that your liability should be limited.  Thousands of pounds were passing through my hands in that time, and therefore these four audits were, as one might say, insufficient for the object of the bond.’

‘So I think,’ cried Maude, with conviction.  ‘Frank, we’ll have the best advice upon the subject to-morrow.’

‘And meanwhile, Mr. Crosse,’ said Farintosh, rising from his chair, ‘I am your witness, whether the Company prosecutes me or not.  And I hope that this will be some humble atonement for the trouble that I have brought you.’

And so a first rift of light began to shine in the dark place.  But it was not broadened by the letter which he found waiting upon his breakfast-table -

Re
Farintosh’s Accounts.

HOTSPUR INSURANCE OFFICE.

Dear Sir, - On arriving in London I came here at once, and checked Farintosh’s accounts from the books of the head office.  I am sorry to say that I find a further discrepancy of seventy pounds.  I am able, however, to assure you that we have now touched bottom.  The total amount is three hundred and forty pounds, and a cheque for that sum at your early convenience would oblige us, as we are anxious to bring so unpleasant a business to a conclusion. - Yours truly,

JAMES WINGFIELD.

To which Frank and Maude in collaboration -

Dear Sir, - I note your claim for £340 on account of the affairs of your agent Farintosh.  I am advised, however, that there have been certain irregularities in the matter, about which I must make some investigation before paying the claim. - Yours truly,

Frank Crosse.

To which the Hotspur Insurance Office -

Sir, - Had your letter been a plea for more time to fulfil your engagement, we should have been content to wait; but since you appear disposed to dispute your liability, we have no alternative but to take immediate steps to enforce payment. -

Yours truly, JOHN WATERS,
Secretary.

To which Frank and Maude -

Sir, - My solicitor, A. C. R. Owen, of 14 Shirley Lane, E.C., will be happy to accept service.

Which is the correct legal English for ‘You may go to the devil!’

But this is an anticipation.  In the meantime, having received the original letter and answered it, Frank went up to town as usual, while Maude played the more difficult part of waiting quietly at home.  In his lunch-hour Frank went to see his friend and solicitor, who in turn obtained leave to see the bond, and came back with a grave face.

‘You have a case,’ said he, ‘but by no means a certainty.  It all depends upon how the judge might read the document.  I think that it would strengthen our case very materially if we had counsel’s opinion.  I’ll copy the bond and show it to Manners, and have his opinion before you go back to-night.’

So Frank went round again after office-hours, and found Owen waiting in very low spirits, for their relations were closer than those of mere solicitor and client.

‘Very sorry,’ said he.

‘Opinion against us.’

‘Dead against us.’

Frank tried to look as if he didn’t mind.

‘Let me see it.’

It was a long blue document with the heading, ‘The Hotspur Insurance Company, Limited,
v
. Frank Crosse.’

‘I have perused the case submitted to me, and the papers accompanying the same,’ said the learned counsel, ‘and in my opinion the Hotspur Insurance Company, Limited, are entitled to recover from Mr. Crosse under his guarantee, the sum of £340, being monies received by Mr. Farintosh, and not paid over by him to the said Company.’  There was a great deal more, but it was anticlimax.

‘Well, what shall we do?’ asked Frank helplessly.  The British law makes one feel so.

‘Well, I should stand out, if I were you.  There is certainly a chance.’

‘Look here, old chap,’ said Frank, ‘I may as well be honest with you.  If this thing goes against me, I am stony broke.  I don’t know where your costs are coming from.’

‘Don’t bother about that,’ said Owen kindly.  ‘After all, Manners is not infallible.  Let us have Holland, and see what he can make of it.’

So twenty-four hours later Frank found Owen radiant with another opinion in his hand.

‘Dead for us this time.  Look here!’

And he read out, ‘I have carefully considered the case submitted to me for my opinion, and the documents sent therewith.  In my opinion the Hotspur Insurance Company, Limited, are not entitled to recover against Mr. Crosse the sum claimed by them or any part thereof, as there has been a breach on their part of an essential condition of the guarantee.’  ‘He reads “frequently and periodically” as we do,’ continued Owen, glancing over the long document, ‘and he is very clear as to our case.’

‘Suppose we have another, and try the best of three,’ said Frank.

‘It’s too expensive a game.  No, Holland is a sound man, and his opinion would weigh with any judge.  I think we have enough to go on with.’

‘And you think it is safe?’

‘No, no, nothing is ever safe in the law.  But we can make a fight of it now.’

And now Frank was to learn what it meant to be entangled in an intricate clumsy old machine, incredibly cumbrous and at the same time incredibly powerful, jolting along with its absurd forms and abominable English towards an end which might or might not be just, but was most certainly ruinously expensive.  The game began by a direct letter from the Queen, of all people, an honour which Frank had never aspired to before, and certainly never did again.

Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, remarked abruptly to Frank Crosse of Woking, in the county of Surrey, ‘We command you that within eight days of the service of this writ on you, inclusive of the day of such service, you cause an appearance to be entered for you in an action at the suit of the Hotspur Insurance Company, Limited.’  If he didn’t do so, Her Majesty remarked that several very unpleasant things might occur, and Hardinge Stanley, Earl of Halsbury, corroborated Her Majesty.  Maude was frightened to death when she saw the document, and felt as if unawares they must have butted up against the British Constitution, but Owen explained that it was only a little legal firework, which meant that there might be some trouble later.

‘Well, at any rate,’ said Frank, ‘it means that in eight days it will all be over.’

Owen laughed heartily at the remark.

‘It means,’ said he, ‘that in eight days we must promise that at some future date we will begin to make preparations for something to happen in the future.  That is about the meaning of it.  All you can do now is to be perfectly philosophic, and leave the rest to me.’

But how is a man with a capital of fifty pounds going to be philosophic when he is fighting an opponent whose assets, as a certain hoarding near Clapham Junction told him every morning, exceeded three millions of pounds.  He treated it lightly to Maude, and she to him, but each suffered horribly, and each was well aware of the other’s real feelings.  Sometimes there was a lull, and they could almost believe that the whole thing was over.  And then the old machine gave a creak, and the rusty cog-wheels took one more turn, and they both felt the horrid thing which held them.

First of all, they had to enter appearances, which meant that they would dispute the action.  Then the other side had to make an affidavit verifying their claim.  Then a Master had to pronounce whether the action should be treated offhand, or whether he would listen to what they had to say about it.  He decided to listen to what was to be said.  Then each side claimed to see the other’s documents, ‘discovery’ they called it, as if the documents were concealed, and they had to hunt for them stealthily with lanterns.  Then each made remarks about the other’s documents, and claimed to see the remarks so made.  Then the lawyers of the Company made a statement of their claim, and when she read it Maude burst into tears, and said that it was all over, and they must make the best of it, and she should never forgive herself for that new dress in the spring.  And then Frank’s lawyer drew up a defence, and when Frank heard it, he said, ‘Why, what a silly business it seems!  They have not got a leg to stand upon.’  And so, after all these flourishes and prancings, the two parties did actually begin to show signs of coming to a hearing after all, and a day was fixed for the trial.  By a coincidence it was Frank’s birthday.  ‘There’s a good omen!’ cried Maude.

The first herald of the approaching conflict was a seedy person, who thrust a paper into Frank’s hand as he emerged from The Lindens in the morning.  It was another letter from Her Majesty, in which sub pœnâ (Her Majesty has not a gracious way of putting things in these documents), Mr. Frank Crosse had ‘to attend at the Royal Courts of Justice, Strand, at the sittings of the Queen’s Bench Division of our High Court of Justice, to give evidence on behalf of the Hotspur Company.’

This seemed to Frank to be a most unexpected and fearsome stroke, but Owen simply laughed.

‘That is mere bluff,’ said he.  ‘It makes me think that they are weakening.  They want to frighten you.’

‘They did,’ said Frank.

‘Two can play at that game.  We must keep a bold front.’

‘What do you mean to do?’

‘To subpœna all their crowd.’

‘Capital!’ cried Frank.  So a clerk was sent across to the Hotspur office with a whole bundle of subpœnas, and served them liberally out.  And in two days’ time was the day of battle.

CHAPTER XV - A RESCU
E

As the day fixed for the hearing drew near, Ruin lived with them by day and slept with them by night.  Its dark shadow covered their lives, and they moved in the gloom of its presence.  If the trial went against them, and Owen in his most hopeful moods did not disguise from them that it might, they would have to pay the double costs as well as the original claim.  All that they possessed would not cover it.  On the other hand, if they won, this rich Company might carry the matter to a higher Appeal Court, and so involve them in a fresh succession of anxieties and expenses.  Do what they would, there was always danger.  Frank said little, and he slept little also.

One night, just before the trial, Wingfield, the accountant of the Society, came down to Woking.  He had managed the case all through for the directors.  His visit was a sort of ultimatum.

‘We are still ready to pay our own law-costs,’ said he, ‘if you will allow the original claim.’

‘I can’t do that,’ said Frank doggedly.

‘The costs are piling up at a furious rate, and some one will have to pay them.’

‘I hope that it will be you.’

‘Well, don’t say afterwards that I did not warn you.  My dear Crosse, I assure you that you are being misled, and that you have not really got a leg to stand upon.’

‘That’s what the trial is about,’ said Frank.

He kept a bold face to the enemy, but after Wingfield’s departure, Maude saw that his confidence was greatly shaken.

‘He seemed very sure of their case,’ said he.  ‘He would not speak like that if he did not know.’

But Maude took quite another view.

‘If they know that they can recover their money in court, why should they send Mr. Wingfield down in this way.’

‘He is such a good chap - he wants to save us expense.’

Maude was less trusting.

‘He is doing the best for his own side,’ said she.  ‘It is his duty, and we can’t blame him.  But if he thought it best to get behind his own lawyers and come down here, then he must have some doubts about going into court.  Perhaps he would be willing to consider some compromise.’

But Frank only shook his head.

‘We have drawn the cork, and we must drink the wine,’ said he.  ‘We have gone too far to stop.  Any compromise which they would accept would be as much out of our power to pay as the whole sum would be, and so we may just as well see it through.’  But for once Maude did not take his opinion as final, but lay awake all night and thought it over.  She had determined to begin acting upon her own account, and she was so eager to try what she could do that she lay longing for the morning to break.  When she came down to breakfast, her plan of campaign was formed.

‘I am coming up to town with you, Frank.’

‘Delighted to hear it, dear.’  When she had shopping to do, she frequently went up with him, so it did not surprise him.  What would have surprised him was to know that she had despatched three telegrams, by means of Jemima, before he was up.

‘To John Selby, 53 Fenchurch Street, E.C.  Will call eleven o’clock.  Important business. -

MAUDE.’

‘To Lieutenant Selby, the Depôt, Canterbury.  Please come up next train, meet me Fenchurch Street, eleven thirty.  Important. -

MAUDE.’

‘To Owen, 14 Shirley Lane, E.C.  Will call twelve o’clock.  Important. - MRS. CROSSE.’

So she had opened her campaign.

‘By the way, Frank,’ said she, as they travelled up together, ‘to-morrow is your birthday.’

‘Yes, dear, it is,’ he answered lugubriously.

‘Dear me!  What shall I give my boy for a birthday present?  Nothing you particularly want?’

‘I have all I want,’ said he, looking at her.

‘Oh, but I think I could find something.  I must look round when I am in town.’

She began her looking round by a visit to her father in Fenchurch Street.  It was something new for him to get telegrams from Maude upon business, and he was very much surprised.

‘Looking remarkably well, my dear.  Your appearance is a certificate of character to your husband.  Well, and how is all at Woking?  I hope the second cook proved to be a success.’

But Maude was not there for small talk.  ‘Dear dad,’ said she, ‘I want you to stand by me, for I am in trouble.  Now, my dear good dad, please see things from my point of view, and don’t make objections, and do exactly what I ask you.’  She threw her arms round his neck and gave him a hearty squeeze.

‘Now I call that exerting undue pressure,’ said he, extricating his white head.  ‘If this sort of thing is allowed in the city of London, there is an end of all business.’  However, his eyes twinkled and looked as if he liked it.  ‘Now madame, what can I do for you?’

‘I’m going to be perfectly business-like,’ said she, and gave him another squeeze before sitting down.  ‘Look here, dad.  You give me an income of fifty pounds a year, don’t you?’

‘My dear girl, I can’t raise it.  Jack’s expenses in the Hussars - ‘

‘I don’t want you to raise it.’

‘What do you want?’

‘I seem to remember, dad, that you told me that this fifty pounds was the interest on a thousand pounds which was invested for me.’

‘So it is - five per cent. debentures.’

‘Well, dad, if I were content with an income of twenty-five pounds a year instead of fifty pounds, then I could take five hundred pounds out of my money, and nobody would be the worse.’

‘Except yourself.’

Maude laughed at that.

‘I want the use of the money just for one day.  I certainly won’t need it all.  I just want to feel that I have as much as that in case I need it.  Now, my dear old daddy, do please not ask any questions, but be very nice and good, and tell me how I can get these five hundred pounds.’

‘And you won’t tell me why you want them?’

‘I had rather not - but I will if you insist.’

Old Selby looked into the brave, clear eyes of his daughter, and he did not insist.

‘Look here!  You’ve got your own little banking account, have you not?’

‘Yes, dad.’

‘That’s right.  Never mix it up with your husband’s.’  He scribbled a cheque.  ‘Pay that in!  It is for five hundred pounds.  I will sell half your debentures and charge you with brokerage.  I believe in strict business between relatives.  When you pay back the five hundred pounds, your allowance will be fifty a year once more.’

Maude then and there endorsed the cheque and posted it to her bank.  Then with a final embrace to her father, she hastened out to further victories.  Jack Selby was smoking a cigarette upon the doorstep.

‘Hullo, Maude!  Calling up the reserves?  What’s the matter?  Jolly lucky it wasn’t my day on duty.  You girls think a soldier has nothing to do.  It was so once, but we are all scientific blokes now.  No, thank you, I won’t see the dad!  He’d think I had come for money, and it would upset him for the day.’

Maude took her brother in the cab with her, and told him the whole story of Frank’s misfortune, with some account of her own intentions.  Jack was vastly interested.

‘What did dad say about it?’

‘I didn’t tell him.  I thought Frank would rather not.’

‘Quite right.  He won’t mind me.  He knows I’m a bit of a business man myself.  Only signed a paper once in my life, and quite a small paper too, and I haven’t heard the last of it yet.  The thing wasn’t much bigger than a postcard, but the fuss those people made afterwards!  I suppose they’ve been worrying Frank.’

‘We have had no peace for months.’

‘Worry is bad for the young.  But he should not mind.  He should go on fizzing like I did.  Now we’ll put this thing through together, Maude.  I see your line, and I’ll ride it with you.’

They found Mr. Owen at home, and Maude did the talking.

‘I am convinced, Mr. Owen, that they don’t want to go into court.  Mr. Wingfield coming down like that proves it.  My husband is too proud to bargain with them, but I have no scruples.  Don’t you think that I might go to Mr. Wingfield myself, and pay the three hundred and forty pounds, and so have done with the worry for ever?’

‘Speaking as a lawyer,’ said Owen, ‘I think that it is very irregular.  Speaking as a man, I think no harm could come of it.  But I should not like you to offer the whole sum.  Simply say that you are prepared for a reasonable compromise, and ask them to suggest what is the lowest sum which the office would accept to close the business.’

‘You leave it with me,’ said Jack, winking at the lawyer.  ‘I am seeing her through.  I’ll keep her on the rails.  I am Number 1, Class A, at business.  We’ll take ‘em up one link in the curb if they try any games with us!  Come on, Maude, and get it over.’

He was an excellent companion for her, for his buoyancy turned the whole thing into fun.  She could not take it too seriously in his company.  They called at the Hotspur office and asked to see Mr. Wingfield.  He was engaged, but Mr. Waters, the secretary, a very fat, pompous man, came in to them.

‘I am very sorry,’ said he, ‘very sorry, indeed, Mrs. Crosse, but it is too late for any compromise of the sort.  We have our costs to consider, and there is no alternative but for the case to go into court.’

Poor Maude nearly burst into tears.

‘But suppose that we were to offer - ‘

‘To give you an hour to think it over,’ cried Jack.

Mr. Waters shook, his head despondently.

‘I do not think that we should alter our decision.  However, Mr. Wingfield will be here presently, and he will, of course, listen to any representations which you may have to make.  In the meantime you must excuse me, as I have matters of importance to attend to.’

‘Why, Maude, you little Juggins,’ cried Jack, when the door was shut, ‘you were just going to offer to pay their costs.  I only just headed you off in time.’

‘Well, I was going to inquire about it.’

‘Great Scot, it’s lucky you’ve got a business man at your elbow.  I couldn’t stand that chap at any price.  A bit too hairy in the fetlocks for my taste.  Couldn’t you see that he was only bluffing?’

‘How do you know, Jack?’

‘It was shining all over him.  Do you suppose a man has bought as many hairies as I have, and can’t tell when a dealer is bluffing?  He was piling it on so that when the next Christmas-tree comes along, he may find a soft job waiting for him.  I tell you you want a friendly native, like me, when you get into this kind of country.  Now ride this one on the curb, and don’t let him have his head for a moment.’

Mr. Wingfield had entered, and his manner was very different to that of the secretary.  He had great sympathy with the Crosses, and no desire to wash the Company’s dirty linen in public.  He was, therefore, more anxious than he dared to show to come to some arrangement.

‘It is rather irregular for me to see you.  I should refer you to our solicitors,’ said he.

‘Well, we saw you when you came to Woking,’ said Maude.  ‘I believe that we are much more likely to come to an arrangement if we talk it over ourselves.’

‘I am sure I earnestly hope so,’ Wingfield answered.  ‘I shall be delighted to listen to anything which you may suggest.  Do you, in the first place, admit your liability?’

‘To some extent,’ said Maude, ‘if the Company will admit that they are in the wrong also.’

‘Well, we may go so far as to say that we wish the books had been inspected more often, and that we regret our misplaced confidence in our agent.  That should satisfy you, Mrs. Crosse.  And now that you admit
some
liability, that is a great step in advance.  We have no desire to be unreasonable, but as long as no liability was admitted, we had no course open to us but litigation.  We now come to the crucial point, which is, how much liability should fall upon you.  My own idea is, that each should pay their own costs, and that you should, in addition, pay over to the Company - ‘

‘Forty pounds,’ said Jack firmly.

Maude expected Mr. Wingfield to rise up and leave the room.  As he did not do so, nor show any signs of violence, she said, ‘Yes, forty pounds.’