CHAPTER XVI

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Floyd-Rosney could scarcely restrain his fury when the papers were served upon him. The whole subject had grown doubly distasteful because of its singular connection with his domestic concerns. He could not fall to so poor spirited a plane as to imagine that his wife preferred another man—he was too ascendant in his own estimation to harbor the thought. Logic, simple, plain common sense, forbade the conclusion. She had thrown this man over for him years ago at the first summons. He did not esteem his wealth as the lure; it was only an incident of his other superlative advantages. She had not seen the discarded lover since, yet from the moment of the appearance of the facsimile brother was inaugurated a change in her manner, her conversation, the very look in her eyes, which he could not explain, except as the result of old associations which he did not share, antagonistic to his interest and his domestic peace.

She had very blandly explained on the first opportunity, volunteering the communication, indeed, the mystery of the return of the key—an old gage d’amour, a trifle—the slightness of which he mentally conceded, for he had large ideas in bijouterie. She did not wish to keep it, nor to send it back without explanation; in fact, she was not willing to return it at all except in her husband’s presence.

“Dear me, you need not have been so particular,” he declared cavalierly. “A matter of no importance.”

She had magnified it in her fear of him till it loomed great and menacing. She felt cheapened and crestfallen by his manner of receiving the disclosure. Yet he had marked the occurrence, she was sure; he had resented it—though he now flouted it as a trifle. This added to her respect for him, and it riveted the fetters in which he held her.

The inauguration of the suit to rip up and annul the ancient foreclosure, the many irritating questions as to whether the lapse of time could be pleaded in bar of the remedy, whether disabilities could be brought forward to affect the operation of the statute of limitations, what line of attack would be pursued by the Ducie brothers, all wrought him almost to a frenzy. He could scarcely endure even canvassing with his lawyers the points of his adversary’s position. Any intimation of the development of possible strength on their part affected him like the discovery of disloyalty in his counsel. More than once the senior of these gentlemen saw fit to explain that this effort to probe the possibilities, to foresee and provide against the maneuvers of the enemy, to weigh the values in their favor, was not the result of conviction, but merely to ascertain the facts in the case.

The counsel, in closer conference still, closeted together, canvassed in surprise and disaffection the difficulty of handling their client, and the best method of avoiding rousing from his lair the slumbering lion of his temper. It was a case involving so much opportunity of distinction, of professional display, as well as heavy fees, that they were loath to risk public discomfiture because Mr. Floyd-Rosney was prone to gnash his teeth at a mere inquiry which bore upon one of the many sensitive points with which the case seemed to bristle. He was as prickly as a porcupine, and to stroke him gently required the deftness of a conjurer. At the most unexpected junctures this proclivity of sudden rage, of unaccountable discomfiture broke forth, amazing and harassing the counsel, who, with all their perspicacity, could not perceive, lurking in the background of Floyd-Rosney’s consciousness, the mirage of his wife’s ancient romance, more especially as he himself could not justify its formulation on the horizon.

As Floyd-Rosney was accustomed to handle large business interests and was ordinarily open to any proposition of a practical nature, conservative in his views, and close and accurate in his calculation of chances, his attitude in this matter mystified his co-adjutors, who had had experience hitherto in his affairs and were versed in his peculiar characteristics. The legal firm had come to avoid speaking of any point that might redound to the advantage of the opponent, unless, indeed, there was some bit of information necessary to secure from Floyd-Rosney. Thus matters had been going more smoothly, save that he was wont to come to the conferences with his counsel bearing always a lowering brow and a smoldering fire in his surly, brown eyes. It flared into open flame when one day Mr. Stacey, the senior counsel, observed:

“They will, doubtless, call Mrs. Floyd-Rosney.”

The client went pale for a moment, then his face turned a deep purplish red. Twice he sought to speak before he could enunciate a word.

“Mrs. Floyd-Rosney,” he sputtered at length. “As their witness? It is monstrous! I will not suffer it! It is monstrous!”

“Oh, no; not at all.”

Mr. Stacey had a colorless, clear-cut face of the thin, hatchet-like type. His straight hair, originally of some blonde hue, had worn sparse, and neither showed the tint of youth nor demanded the respect due to the bleach of age. It seemed wasted out. He was immaculately groomed and was very spare; he looked, somehow, as if in due process of law he had been ground very sharp, and had lost all extraneous particles. There seemed nothing of Mr. Stacey but a legal machine, very cleverly invented, and, as he sat in his swivel chair, his thin legs crossed, he turned a bit from his desk, intently regarding Mr. Floyd-Rosney, who was thrown back in a cushioned armchair beside him, flanked by the great waste-paper basket, containing the off-scourings of the lawyer’s desk. Mr. Stacey’s light gray eyes narrowed as he gazed,—he was beginning to see into the dark purlieus of his client’s reasonless conduct.

“Mrs. Floyd-Rosney is perfectly competent to testify in the case.” Mr. Stacey wore a specially glittering set of false teeth which made no pretense to nature, but gave effect to his clear-clipped enunciation. “Her deposition will certainly be taken by them.”

“As against her husband?” foamed Floyd-Rosney in vehement argument. “She can be introduced by her husband to testify in his behalf, but not against him, except in her own interest, as you know right well.”

“That incompetency is limited to the Mississippi law as regards third persons, in the case of husband and wife. But in the proceedings in reference to the Tennessee property the local statutes will obtain,—she can testify against her husband’s interest and, in my opinion, will be constrained to do this.” After this succinct, dispassionate statement Mr. Stacey paused for a moment; then, in response to Floyd-Rosney’s stultified bovine stare, as in speechless amazement, he went on with a tang of impatience in his tone. “Why, you know, of course, there is a bit of Tennessee property involved,—that small business house in South Memphis,—I forget, for the moment, the name of the street. You are aware that in the foreclosure proceedings nearly forty years ago the plantation and mansion house of Duciehurst were bid in for the estate of the mortgagee, but as the amount of the highest bid at the sale did not equal the indebtedness in the shrunken condition of real estate values at that time, the executors pursued and subjected other property of the mortgagor for the balance due, this Tennessee holding being a part of it, and the Ducies now contend that the debt having been previously fully satisfied and paid in full, this whole proceeding was null and void from the beginning. They bring suit for all in sight. Mrs. Floyd-Rosney can testify in their interest under the Tennessee statutes.”

Floyd-Rosney sprang up and strode across the room, coming flush against the waste-paper basket as he threw himself once more into his chair, overturning the papers and scattering them about the floor. He took no notice of them, but the tidy Stacey glanced down at the litter, though with an inscrutable eye.

“Oh, I’ll get her out of the country. They shall not have her testimony. They shall not call her as their witness. She has been wanting a trip to the Orient—she shall go—at once—at once!”

Mr. Stacey very closely and critically examined a paper knife that had been lying on the table. Then, putting it down, he rejoined, without looking at Floyd-Rosney, who was scarcely in case to be seen, the veins of his forehead swollen and stiff, his face apoplectically red, his eyes hot and angry: “They can have her deposition taken in a foreign country.”

“If they can find her,” said Floyd-Rosney in prophetic triumph. “But they would not take the time for that.”

“Why, you don’t reflect,” said the lawyer very coolly, “the cause may not come to trial for two or three years. In view of the usual delays, continuances and the like, you could not expatriate her for that length of time.”

Floyd-Rosney’s face was a mask of stubborn conviction as he replied:

“The Ducies will want to race the matter through. They claim that they and their predecessors have been wrongfully kept out of their own for forty years. They will think that is long enough. I won’t make delays. The question is a legal one, and can be decided on the jump—yes or no. The case can come to trial at the April term of the court, and by that time Mrs. Floyd-Rosney will be in Jerusalem or Jericho.”

“This will damage your position in the case, Mr. Floyd-Rosney,” urged the lawyer. “I think, myself, that it is a particularly valuable point for you that it should be your wife, who, at considerable risk and in a very dramatic manner, discovered and secured these family jewels and papers, knowing what they were and that they threatened the title of her husband, and restored them to the complainants. It proves your good faith in your title—the foreclosure of the mortgage in ignorance of the outstanding release. Your wife as their witness is a valuable witness for us, and the motives of your contention being thus justified there remains nothing but the question of title to come before the court.”

“All that rigamarole can be proved by other witnesses,” said Floyd-Rosney doggedly. “There were twenty people who saw her come bouncing down the stairs with the box and give it to Adrian Ducie.”

There is a species of anger expressed in unbecoming phraseology. Mr. Stacey made no sign, but the words “rigamarole,” applied to his own lucid prelection, and “bouncing” to the gait of the very elegant Mrs. Floyd-Rosney, did not pass unnoted.

“I am sure the case on neither side can be ready for the April term,—the docket is crowded and there is always the possibility of continuances.”

“There are to be no continuances on our side,” declared Floyd-Rosney, both glum and stubborn; “I don’t choose that my wife shall testify in their interest. She goes to the Orient, and stays there till the testimony is all in and the case closed.”

                                                                                                                                                                                                                                                                                                           

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