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Chapter 28 The Trial
In the morning of his case, which was second in the list, Soames was again obliged to start without seeing Irene, and it was just as well, for he had not as yet made up his mind what attitude to adopt towards her.
He had been requested to be in court by half-past ten, to provide against the event of the first action (a breach of promise) collapsing, which however it did not, both sides showing a courage that afforded Waterbuck, Q.C., an opportunity for improving his already great reputation in this class of case. He was opposed by Ram, the other celebrated breach of promise man. It was a battle of giants.
The court delivered judgment just before the luncheon interval. The jury left the box for good, and Soames went out to get something to eat. He met James standing at the little luncheon-bar, like a pelican in the wilderness of the galleries, bent over a sandwich with a glass of sherry before him. The spacious emptiness of the great central hall, over which father and son brooded as they stood together, was marred now and then for a fleeting moment by barristers in wig and gown hurriedly bolting across, by an occasional old lady or rusty-coated man, looking up in a frightened way, and by two persons, bolder than their generation, seated in an embrasure arguing. The sound of their voices arose, together with a scent as of neglected wells, which, mingling with the odour of the galleries, combined to form the savour, like nothing but the emanation of a refined cheese, so indissolubly connected with the administration of British Justice.
It was not long before James addressed his son.
“When’s your case coming on? I suppose it’ll be on directly. I shouldn’t wonder if this Bosinney’d say anything; I should think he’d have to. He’ll go bankrupt if it goes against him.” He took a large bite at his sandwich and a mouthful of sherry. “Your mother,” he said, “wants you and Irene to come and dine to-night.”
A chill smile played round Soames’ lips; he looked back at his father. Anyone who had seen the look, cold and furtive, thus interchanged, might have been pardoned for not appreciating the real understanding between them. James finished his sherry at a draught.
“How much?” he asked.
On returning to the court Soames took at once his rightful seat on the front bench beside his solicitor. He ascertained where his father was seated with a glance so sidelong as to commit nobody.
James, sitting back with his hands clasped over the handle of his umbrella, was brooding on the end of the bench immediately behind counsel, whence he could get away at once when the case was over. He considered Bosinney’s conduct in every way outrageous, but he did not wish to run up against him, feeling that the meeting would be awkward.
Next to the Divorce Court, this court was, perhaps, the favourite emporium of justice, libel, breach of promise, and other commercial actions being frequently decided there. Quite a sprinkling of persons unconnected with the law occupied the back benches, and the hat of a woman or two could be seen in the gallery.
The two rows of seats immediately in front of James were gradually filled by barristers in wigs, who sat down to make pencil notes, chat, and attend to their teeth; but his interest was soon diverted from these lesser lights of justice by the entrance of Waterbuck, Q.C., with the wings of his silk gown rustling, and his red, capable face supported by two short, brown whiskers. The famous Q.C. looked, as James freely admitted, the very picture of a man who could heckle a witness.
For all his experience, it so happened that he had never seen Waterbuck, Q.C., before, and, like many Forsytes in the lower branch of the profession, he had an extreme admiration for a good cross-examiner. The long, lugubrious folds in his cheeks relaxed somewhat after seeing him, especially as he now perceived that Soames alone was represented by silk.
Waterbuck, Q.C., had barely screwed round on his elbow to chat with his Junior before Mr. Justice Bentham himself appeared — a thin, rather hen-like man, with a little stoop, clean-shaven under his snowy wig. Like all the rest of the court, Waterbuck rose, and remained on his feet until the judge was seated. James rose but slightly; he was already comfortable, and had no opinion of Bentham, having sat next but one to him at dinner twice at the Bumley Tomms’. Bumley Tomm was rather a poor thing, though he had been so successful. James himself had given him his first brief. He was excited, too, for he had just found out that Bosinney was not in court.
‘Now, what’s he mean by that?’ he kept on thinking.
The case having been called on, Waterbuck, Q.C., pushing back his papers, hitched his gown on his shoulder, and, with a semi-circular look around him, like a man who is going to bat, arose and addressed the Court.
The facts, he said, were not in dispute, and all that his Lordship would be asked was to interpret the correspondence which had taken place between his client and the defendant, an architect, with reference to the decoration of a house. He would, however, submit that this correspondence could only mean one very plain thing. After briefly reciting the history of the house at Robin Hill, which he described as a mansion, and the actual facts of expenditure, he went on as follows:
“My client, Mr. Soames Forsyte, is a gentleman, a man of property, who would be the last to dispute any legitimate claim that might be made against him, but he has met with such treatment from his architect in the matter of this house, over which he has, as your lordship has heard, already spent some twelve — some twelve thousand pounds, a sum considerably in advance of the amount he had originally contemplated, that as a matter of principle — and this I cannot too strongly emphasize — as a matter of principle, and in the interests of others, he has felt himself compelled to bring this action. The point put forward in defence by the architect I will suggest to your lordship is not worthy of a moment’s serious consideration.” He then read the correspondence.
His client, “a man of recognised position,” was prepared to go into the box, and to swear that he never did authorize, that it was never in his mind to authorize, the expenditure of any money beyond the extreme limit of twelve thousand and fifty pounds, which he had clearly fixed; and not further to waste the time of the court, he would at once call Mr. Forsyte.
Soames then went into the box. His whole appearance was striking in its composure. His face, just supercilious enough, pale and clean-shaven, with a little line between the eyes, and compressed lips; his dress in unostentatious order, one hand neatly gloved, the other bare. He answered the questions put to him in a somewhat low, but distinct voice. His evidence under cross-examination savoured of taciturnity.
Had he not used the expression, “a free hand”? No.
“Come, come!”
The expression he had used was ‘a free hand in the terms of this correspondence.’
“Would you tell the Court that that was English?”
“Yes!”
“What do you say it means?”
“What it says!”
“Are you prepared to deny that it is a contradiction in terms?”
“Yes.”
“You are not an Irishman?”
“No.”
“Are you a well-educated man?”
“Yes.”
“And yet you persist in that statement?”
“Yes.”
Throughout this and much more cross-examination, which turned again and again around the ‘nice point,’ James sat with his hand behind his ear, his eyes fixed upon his son.
He was proud of him! He could not but feel that in similar circumstances he himself would have been tempted to enlarge his replies, but his instinct told him that this taciturnity was the very thing. He sighed with relief, however, when Soames, slowly turning, and without any change of expression, descended from the box.
When it came to the turn of Bosinney’s Counsel to address the Judge, James redoubled his attention, and he searched the Court again and again to see if Bosinney were not somewhere concealed.
Young Chankery began nervously; he was placed by Bosinney’s absence in an awkward position. He therefore did his best to turn that absence to account.
He could not but fear — he said — that his client had met with an accident. He had fully expected him there to give evidence; they had sent round that morning both to Mr. Bosinney’s office and to his rooms (though he knew they were one and the same, he thought it was as well not to say so), but it was not known where he was, and this he considered to be ominous, knowing how anxious Mr. Bosinney had been to give his evidence. He had not, however, been instructed to apply for an adjournment, and in default of such instruction he conceived it his duty to go on. The plea on which he somewha............
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