CHAPTER XIV THE BATTLE WITH MR. TIDDES

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The next day there occurred to Arthur Lisle—whose mind was a thousand miles away from such things—a most unexpected event. The news of it came by telephone from Henry, who ventured to bespeak Mr. Lisle's immediate attention; he was not quite sure that he would get it, so reprehensibly neglectful had Mr. Lisle's professional conduct been of late. A brief had arrived, not somebody else's to be 'held,' but actually for Arthur himself—a brief in the Westminster County Court. The case would come on for trial in two days' time.

His first impulse was to send the brief back, to fly from it; not so much now because it frightened him as because it clashed with the whole present temper of his mind. But full as he was of fancies and vanities, he had somewhere a residuum of sober sense. Did he really mean to turn his back on work, to abandon his profession? Not merely to neglect preparation and opportunities, as he had been doing, but to refuse work actually there? That was a different thing—a decision too momentous. If he refused this brief, he would scarcely dare to show himself at his chambers, to face Henry again. He braced himself up, and in a mixture of apprehension, annoyance, and surprise, took his way to the Temple—instead of going down to Wimbledon to watch lawn-tennis.

Henry welcomed the Prodigal, quite forgetful apparently of that unfortunate episode of the Law Reports. "It's from Wills and Mayne," he said. "Mr. Mayne brought it himself, and said a clerk would be at the court on Friday to look after you."

"But who are they? Do you know them, Henry?"

"No, sir, I never heard of them. They're not clients of Mr. Norton Ward's. But Mr. Mayne seemed to know about you. A shortish gentleman, grey and rather bald—one of his eyelids sort o' trembles, something like as if he was winking."

"Hum!" He did not identify the stranger. "How the deuce did they ever hear of me?" Because although Arthur might have been cutting a figure in society, and certainly was a person to whom notable things of a romantic order had been happening, he was, as a member of the Bar, very young and monstrously insignificant. "Well, it beats me!" he confessed as he untied the tape which fastened Tiddes v. the Universal Omnibus Company, Ltd..

Mr. Tiddes, it appeared (for of course Arthur dashed at the brief and read it without a moment's delay), had a grievance against the Universal Omnibus Company, Ltd., in that they had restarted their 'bus while he was still in process of alighting, thereby causing him to fall in the roadway, to sprain his thumb, bark his knee, and tear his trousers, in respect of which wrongs and lesions he claimed forty pounds in damages. The Omnibus Company said—well, according to their solicitors, Messrs. Wills and Mayne, they did not seem to have very much to say. They observed that their clients were much exposed to actions of this sort and made it their policy to defend them whenever possible. The incident, or accident, occurred late on Saturday night; Mr. Tiddes had been in company with a lady (whom he left in the 'bus), and had struck the conductor as being very animated in his demeanour. Counsel would make such use of these facts as his discretion dictated. In short, a knowledge of our national habits made falling off a 'bus late on Saturday night in itself a suspicious circumstance. Add the lady, and you added suspicion also. Add an animated demeanour, and the line of cross-examination was clearly indicated to counsel for the defendants.

Not a clerk but Mr. Mayne himself met Arthur at the court; he was recognisable at once by the tremor of his eyelid—like a tiny wink, a recurring decimal of a wink. He was, it seemed, rather pessimistic; he said it was a class of case that the Company must fight—"Better lose than not defend"—and Mr. Lisle must do his best. Of course the jury—and plaintiff had naturally elected to have a jury—would find against the Company if they could; however Mr. Lisle must do his best. Arthur said he would. He longed to ask Mr. Mayne how the deuce the firm had ever heard of him, but judiciously refrained from thus emphasising his own obscurity. Also he strove not to look frightened.

He was frightened, but not so frightened as he would have been in the High Court. Things were more homely, less august. There was no row of counsel, idle and critical. His Honour had not the terrors of Pretyman, j., and counsel for the plaintiff was also young at the job, though not so raw as Arthur. But the really lucky thing was that Mr. Tiddes himself made Arthur furiously angry. He was a young man, underbred but most insufferably conceited; he gave his evidence-in-chief in a jaunty facetious way, evidently wishing to be considered a great buck and very much of a ladies' man. With this air he told how he had spent the Saturday half-holiday—he was in the drapery line—at a cricket-match, had met the young lady—Miss Silcock her name was—by appointment at a tea-shop, had gone with her to a "Cinema," had entertained her to a modest supper, and in her company mounted the 'bus. It was at her own request that he got out, leaving her to go home unattended. His manner conveyed that Miss Silcock's had been a stolen spree. Then came his story of the accident, his physical sufferings, his doctor's bill, and his tailor's account; finally the hard-hearted and uncompromising attitude of the Company was duly exhibited.

Arthur rose to cross-examine—the moment of a thousand dreams and fears.

"Now, Mr. Tiddes——" he began.

"At your service, sir," interposed Mr. Tiddes in jaunty and jocular defiance.

"I want to follow you through this very pleasant evening which you seem to have had. I'm sure we're all very sorry that it ended badly."

"Very unselfish of you to look at it like that, Mr. Lisle," said His Honour. (Laughter in Court.)

Follow Mr. Tiddes he did through every incident of the evening, with a curiosity especially directed towards the refreshments of which Mr. Tiddes had partaken. With subtle cunning he suggested that in such company as he had been privileged to enjoy Mr. Tiddes would be lavish—his hand would know no stint. As a matter of fact, Mr. Tiddes appeared to have done things well. The "tea-shop" sold other commodities, such as a glass of port. Next door to the "Cinema" was a saloon buffet and Mr. Tiddes admitted a visit. At supper they naturally took something—in fact bottled ale for Miss Silcock, and whiskey-and-soda for Mr. Tiddes.

"One whiskey and soda?" asked counsel for the defence.

"Yes, one," said Mr. Tiddes. "At least I think so. Well—I believe I did have a split, besides."

"Split whiskey or split soda?" (Laughter in Court.)

His Honour lolled back in his chair, smiling. Evidently he thought somebody a fool, but Arthur could not be sure whether it was himself or Mr. Tiddes. But he did not much care. He had warmed to his work, he had forgotten his fears. He could not bear that Mr. Tiddes should defeat him; it had become a battle between them. Once or twice Mr. Tiddes had winced, as over that 'split'—an arrow in the joints of his harness! He was less jaunty, less facetious.

At last they got to the accident. Here Mr. Tiddes was very firm. He made no concessions; he walked (so he maintained) from his place in a perfectly quiet, sober, and business-like manner, and in like manner was about to descend from the 'bus when—on it moved and he was jerked violently off! If the conductor said anything to the contrary—well, the conductor was not looking at the critical moment; he was collecting somebody's fare.

"You didn't even look back at the young lady over your shoulder?"

"I did not, sir." Mr. Tiddes too was, by now, rather angry.

"Didn't kiss your hand or anything of that sort?"

"Nothing of the kind, sir."

"In fact you were attending entirely to what you were doing?"

"I was."

"Don't you think, then, that it's rather odd that you should have been jerked off?"

"The 'bus moved suddenly, and that jerked me off."

"But you were holding on, weren't you?"

"Yes, I was holding on all right."

So they went on wrangling, till His Honour ended it by remarking, "Well, we've got his story, I think, Mr. Lisle. You will have your opportunity of commenting on it, of course." Upon which Arthur sat down promptly.

But he was dissatisfied. It was no more than a drawn battle with Mr. Tiddes. If Mr. Tiddes's refreshments had been shown to border on excess, there was nothing to show that they had affected the clearness of his mind or the stability of his legs. That was what Arthur was fishing for—and pure fishing it was, for the conductor had in fact had his back turned at the critical moment when Mr. Tiddes left the 'bus—somehow. Also he was between Mr. Tiddes and the only other passenger (Miss Silcock herself excepted). He had reached backwards to give the signal to start—assuming that Mr. Tiddes was already safely off. Negligent, perhaps—but why was Mr. Tiddes not safely off by then? That question stuck in Arthur's mind; but he had got no answer to it out of Mr. Tiddes. The plaintiff insisted that no human being could have got off in the time allowed by that negligent conductor.

Miss Silcock confirmed her friend's story, but in rather a sulky way. It was not pleasant to have the stolen spree dragged to light; she had "had words" with her mother, to whom she had originally represented the companion of her evening as belonging to the gentler sex; she was secretly of opinion that a true gentleman would have forgone his action in such circumstances. Arthur had hopes of Miss Silcock and treated her very gently—no suggestion whatever that her conduct was other than perfectly ladylike! Miss Silcock was quite in a good humour with him when they got to the moment when Mr. Tiddes bade her good night.

"You were at the far end of the 'bus. He said good night, and walked past the conductor?"

"Yes."

"When did the 'bus stop?"

"When he was about half-way to the door."

"What did he do?"

"Walked to the door."

"Had the 'bus started again by then?"

"No."

"You could see him all the time? Where was he when the 'bus started again?"

"On the platform outside the door."

"Was he holding on to anything?"

Miss Silcock looked a little flustered. "I don't remember."

"Oh, but try, Miss Silcock," said His Honour soothingly, but sitting up straight in his chair again.

"Well, no, I don't think he was. He'd turned round."

"Oh, he had turned round!" said Arthur, with a quite artistic glance at the jury.

"Well, he just turned and smiled at me—sort o' smiled good night."

"Of course! Very natural he should!"

"But he didn't seem to remember having done it," observed His Honour.

"Did he do anything besides smile at you?" asked Arthur.

"No, I don't think——" She smiled and hesitated a moment.

"Think again, Miss Silcock. You'd had a very pleasant evening together, you know."

Miss Silcock blushed a little, but was by no means displeased. "Well, he did cut a sort of caper—silly-like," she admitted.

"Oh, did he? Could you show us what it was like?"

"I couldn't show you," answered Miss Silcock, with a slight giggle and a little more blush. "He lifted up one leg and kind of wiggled it in the air, and——"

"Just then the 'bus went on again, is that it?"

"Well, just about then, yes." Miss Silcock had caught a look—such a look!—from her friend, and suddenly became reluctant.

"While he was on one leg?"

Miss Silcock, turned frightened and remorseful, was silent.

"Answer the question, please," said His Honour.

"Well, I suppose so. Yes."

"Thank you, Miss Silcock. No more questions."

Re-examination could not mend matters. The evidence for the defence came to very little. Counsel's speeches call for no record, and His Honour did little more than observe that, where Mr. Tiddes and Miss Silcock differed, the jury might see some reason to think that Miss Silcock's memory of the occurrence was likely to be the clearer and more trustworthy of the two. The jury thought so.

"We find that the conductor started the 'bus too soon, but that the plaintiff oughtn't to have been behaving like he was," said the foreman.

"That he wouldn't have tumbled off but for that, do you mean?" asked His Honour.

After a moment's consultation, the foreman answered "Yes."

"I submit that's a verdict of contributory negligence, your Honour," said Arthur, jumping up.

"I don't think you can resist that, Mr. Cawley, can you?" His Honour asked of counsel for the plaintiff. "Judgment for the defendants with costs."

Poor Mr. Tiddes! He was purple and furious. It is sadly doubtful if he ever again gave Miss Silcock a pleasant evening-out.

The case was won. Mr. Cawley was disconsolate. "Fancy the girl letting me down like that!" he said, in mournful contemplation of the untoward triumph of truth. Mr. Mayne, winking more quickly than usual, was mildly congratulatory. "The result will be very satisfactory to the Company. Just the sort of thing which shows their policy of fighting is right! Good afternoon, Mr. Lisle, and thank you." And there was Henry, all over smiles, waiting to applaud him and to carry home his blue bag. Arthur had a suspicion that, if he had lost, Henry would have disappeared and left him to carry the bag back to the Temple himself.

He was exultant, but he was not satisfied. As he strolled back to his chambers, smoking cigarettes, a voice kept saying in his ear, "You ought to have got it out of Tiddes! You ought to have got it out of Tiddes!" Ought he? Could he? Had Tiddes been lying, or was his memory really misty? Arthur did not know even now, though he favoured the former alternative. But oughtn't he to know? Oughtn't he to have turned Mr. Tiddes inside out? He had not done it. Tiddes would have beaten him, but for Miss Silcock. True, he had persevered with Miss Silcock because his mind had gone to the mysterious point in the case—why Mr. Tiddes was just ten seconds or so too long in getting off the 'bus. But could he—or couldn't he—have been expected to think of that capering silly-like?

Between exultation and dissatisfaction his mind was tingling. He fought the fight over and over again; he was absolutely engrossed in it. He was back in the Temple before he knew it almost—sitting in his chair by the fire, with a pipe, trying to see what he could have asked, how he could have broken down Mr. Tiddes's evidence. A pure triumph might have left him pleased but careless. This defeat in victory sharpened his feelings to a keen interest and curiosity. What were the secrets of the art of wresting the truth from unwilling witnesses? The great art of cross-examination—what were its mysteries?

At any rate it was a wonderful art and a wonderful thing. Very different from the dreary reading of Law Reports! There was a fascination in the pitting of your brain against another man's—in wringing the truth (well, if what you wanted to get happened to be the truth) from his reluctant grasp. It was Battle—that's what it was.

"By Jove!" he cried within himself—indeed he could not tell whether he uttered the words out loud or not—"There's something in this beastly old business after all, if only I can stick to it!"

Oblivious for the moment of everything else, even of Hilsey, even of his adoration, he vowed that he would.

All this was the doing of quiet old Mr. Mayne with his winking eyelid. Why had he done it? That too Arthur now forgot to ask. He remembered nothing save the battle with Mr. Tiddes. He had tasted blood.


                                                                                                                                                                                                                                                                                                           

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