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.

A Duet, with an Occasional Chorus · 第 49 / 61 题