SHORT STORY

Dominion, Volume 3, Issue 740, 12 February 1910, Page 10

SHORT STORY

CROSS-EXAMINATION, ... Among; tho "Queer Stories" yrhich Mr. Labouchere publishes in ''Truth/' .thi; following (from the issuo of December 1) is especially good as a study, in' forensic art:—

"The cross-examiner is born, not made by teachers." 1 Gerard was ■ the. only barrister among us, and • therefore; spolco with., authority. ."We were sitting round tho hall fire at the.Grange, and .the satisfaction of buttered muffin's- had" not yet vielded to thoughts .'of dinner.

. "You devil for. Tempest, Gerard, doii't you? I asked. :

_ "Yes, and ho is the born * cross-exani-mer, if any man ever. was. Ho is full of such-extraordinary odds and ends of. knowledge; he is always absorbing;infqr-' illation, liko, a sponge; jvou, never know, when. some - drop of: wafer won't splash out and make tno colours-of t a,lying, ness run;.-. You.remember, the .Carruthers ease, of course ?" ■ He looked.roundy on' a group of faces, polite ; with'no gleam of answering intelligence; i-'..li'::-y,■ ; "You forget that, we are all 'far . from your; legal circle's,". I 'fill' .the Bap.' V.'-

"Tell' us," -purred; Elsie. Macph'orson and' every, one; drew "r ■ little. closer. Gerard was quite : first-class, .if. only- we could get him started. . . "Oh I thti ■ facts of -the, case were 'not .very complicated. E . I-.-think'? I' I ;can make them plain. Tlio startling thing'was tlw way .Tempest worked it. It.was like .this. Grandfather Carruthers hadhvo pons, Eric and Charles, and the' property worth twenty thousand a year and a.ripping fine place was strictly tied up to Eric, -and his- sons; if. he had any; and failing that, to Charles': and his' sons; Eric earned the undvihg hatred : of liis father—the one; -I call GrandfatherCarruthers, because: we' : have'> to deal : with three generations—by - being discovered with' more than . the normal number of. aces in a .pack ,of cards. He'left .the ;fcountry disgraced and'unmarried, ; and ;everyone hoped that ho:had gone for good;: ■The other son, Charles,- died saou after, leaying an: only, .son;; -Prank.' ' ' This boy \i'as:: brought', to: live r at. Carruthers Towiers lwith his : grandfather; and'was always Upblced 6n:as the hnr.'.Yoars passed bynothing ;had.been heard of the .disreputable ace-monger, and; the' old mati v felt -that ho wo'uld- dio happy, and- hand over ' to 1 his - grandson. the wealth and 'estates he had so proudly "owned. Frank came, of . age; mJl9o3;v'ln' the autumn of that year the old ''man received a letter from his. discredited son, written'on his death-bed—tho first for twenty; years—stating that he ; had; been, .married for. several', years, and: that-. his only childwas'n'boy of: eighteen.' V ' . , "That would Jinock out'OFrank,".- 1 cried Elsie. "What a shame!" ••• v

"Shut up, and don't: interrupt," ejaculated her, small .brother,'. aflame : with ' interest. ■■ ■v " 1 ''

■ ;, Gerald' smiled 1 ' at. his success, and went on. / - X; ' 7 V:

- "Frank told-me. that until thatmoment' he had never; heard this'uncle was alive; he', had always believed, him dead,. The possibilities 'it' opined out.'gave ,him' no : .end of-a shock. Tho letter., came from San . Francisco,'■ and said: that.-• the boy. had been .brought up in a dry. goods store in: a mining, camp,'.'and was turning out an admirable: grocer's assistant, and .finally..-it:wound, up by asking :the old man if ho wished the: heir .of , Carruthers Towers to remain a grocer or come,home and : be: fitted'-.for his position.',',v. ■ .. "But:' did 'he send': my'; proofs'?'';.' terrupted. ' . V '' ■"■ ' "None whatever. 1 ' 'And ! bidCarruthers strove, hard I 'to look on'it as nothing but a: fraudulent:'attempt to "get money. Yet the .burden'-.of it- was never, far'from him.:■ 'Ho. refused, to answer the .letter. .But: the card-sharper -had ' prepared'^'a ■ subtle revenge. , :It he .wanted to be-dia-bolically'- had known , the . way. Every three 'months tho ,'dead law-, yer .sent . letters homo to. old. Carruthers, describing' .how the ;boy—his name was getting - on ; as., a\Vgrbcer?-. always rubbiug :.that .in--and .s6ndiho:' ph(i: : . tographfi . from' time- to timei;to;:'show; ',what he was. like. .Of-course, inquiries, were, made, and :thebest detectives; riut on':,the track'. 1 .They found, been, duly, married, under an .assumed' name; they found he had, had .a. son called Arthur; ..'and ..on more;;than one ■occasion -they' saw. the boy, brought. down to 'Frisco: from: the' mining, camp','' so, the chain of evidence, seemed complete. : ; ' "And then suddenly. tho cloud lifted.. One of thd. deteotives who knew-him saw the boy on board a. coasting vessel; tho boy's, name was registered, as a passenger, arid- the .ship ..was ;lost'..with: all .hands. : Old: Carruthers ,' looked.; a : youn; man.again, -and; Frank) .confident ;'in':the .'future, asked,.'lady;:Millicent Carst'airs to marry him,. and she accepted him." ;' If', anything. had been' wantinp. in'; Gerard's' story .to ■,interest' the', feminine .portion of his', audienc'o,-'. the-'heed was: instantly' supplied,'' where ' the: 'breath'" of romance,' . proposals,and: wedding ■' .bells ■ stole in amid the:' musty , purlieus of ,ithe law,' . • ::

"A : month .later old. Carjnithers was gathered to his fathers,' and ■ Frank.' Carruthers reigned in his stead.. But the day after;;the' -funeral! Frank, was served: with proceedings on. behalf of one Arthur Carruthcrs, claiming'"to' 'be the! son of !■ the dead. card-sharper." ) ; - "But-I th'ougnt-iho was,drowned," cried Elsie, champion of .romance. : -

. "So did Frank, but it was'alleged that he had liever 6ailcd in,that-'ship,after ill:! Ho 'had-! intended to gO,;"his; name'-had, been . on-, the; list- :ofpassengers,- * he. -;h'ad' shore .again,' under.'a strange premonition of disaster, to the vessel, and, herq, he as,;, , if ,you-'please,^«afe-' 'aiid -sbund, comipg -to claini his"own; : Well;.now that's; the story as it was put bcforei.Tempest -when, the case first caino along.. The ,question,;,of course;' ...wouldbo:, whether' thfe. . claimant was, the real; : Arthin',:qr whctto,;Arthpr . was /drowned;'and. this, 'man' only a' fraud.. "•There" Was "no!' doubt ; .he.' was -extraordinarily: like ; the' photos 'sent; oyei 1 , , end," more, than that, the three' detectives who had seen the; real -.'Arthur before the, date of :the- shipwreck one, aiid ; all, said; they, could not swear , whether' the claimant was or was" not ..tho person they had :. "I' shall: never 'forget, the first'oonsulta-:. tion we had! ■ in . : ;Tempest's - i; chaniber9; Frank,. Carruthers was; there,; with Heath'cote, liis solioitor—Tempest; of : course,; in command of' the",'interview,, I,; his; devil, • ready, if called,: on; ,;othflr.wiso; speechless aid sightless; like dummy'at bridge.,; •'.'• "The ; whole situation had-.,'been Ihor-, ouglily d-isousscd. up 'and. down'. for about an hour. .Tempost'had not said riiuch;' he had oiily! asked a few; questions;.. And then-at; the! end he: leaned:,back in .his ohair,-olasping .his 'right knee with both hands, apparently oblivious' of everyone. But; Heathoote,. the solicitor,., knew- hia man,'..andnaitcd.-.'.' : ■! ; ' "'Are: you-a.niarried inan,. Mr.: Heathcoto?-'' Teanpest, asked quickly; ,'as" if ; ;it wcro obviously the. next question- to 'ask.' 'L saw Carruthers; start: with surprise; He evidently felt, that he, had ;nc.t comb ;to? discuss, Heathoote's " domestic :-arrange-. iu<>hts. Personally, I chortled .to riiyielf. The, -piquancy—wholly; '.unconscious—pf Tempest's:mind' is a perfect . joy to me. '"YeS," faid Heathcotc: ; ; " 'I'm only a bachelor,' Tempest' replied-:. 'Would you ask Mrs.' Heatlibote to ;try to .-find' out a "Smart: but' : discreet grocer's and : then : would' you, bring :hini here?" ■' ' 7, ■' ; 1 "And - then Tempest ■ bowed; them out Carruthers'was one: of themost. ■'startlodlooking men. in -the Templo: that night. But 'when the trial f came he appreciated.; the genius pf-.tho man-;who- was championing his; cause. .fi .. ■ "Of course thb trial raised, the most terrific .interest.:' All the meii talked ■ abbut ; the Tichborne: case; All the ladies seonied ' to' have' been born '.at a * subso-' qiieiit date. I have - never; seen -Tempest, moro superb. Outft*ardly. he ,was fright-' fully calm, .I-knew that 1 meant, he-was •feeling the burden of the responsibility •pretty- badly. And, mind 'you, it did look pretty hopeless. ;Tho.. counsel 1 for the plaintiff 'opened out n strong case, and said ho should call three men who had known the plaintiff in the mining camp .'whon'he lived t'hero with his,father, and. one of them .'would-prove that ho knew 'that Arthur's ~ father was 1 really called Carruthers, though passing, under another name. ;Two : witnesses would.be called to. siwcar that'they had SPcn Arthur; in San Francisco ' the , night after the steamer, that had 'btfen' lost had sailed. As! you know, counsel' in- his opening- to a'jm'y. must oiily ;stato . what, he is .instructed his witnesses aro going to. say. . And , if his evidence was going to bear! out his opening, and Tempest was unable to. break it up in cross-examination, well,, it meant good-bye to Carruthors Towers for Frank, and probably good : bye to Lady Millicont as well."

fr Not if she really cared," came from at least three.feminino'voices. Wo had only the'firu-light 'to seo by, so it did not much matter. . . . - "Tho plaintiff: was called," continued Gerard, "and everyone leaned forward to get a-,good view of :him. He' gave his . cvidenoe perfectly; not a flow anywhere. Tall and well-groomed, and ; with ant voico, singularly free, from, American, accent,-' ho would' have' won tho sympathy of any>crowd,'only 'in .this case 1 it-had already been'giveii to Carruthers and his .fiancee! Thero was a moment of breathless suspense when. Tempest rose to cross-' examine. It "was 11 o'clock. Vrom that moment till -tho Court roso at 1.30 for lunch—only wo always coll it "the -adjournment—the deadly duel went- on; and so far Tempest had mado no impression, and the betting was 100 to.. 1 on' tho claimant. At 2 ■ o'clock 'it -• .began again, and -to every' quesh'on - iTempest ■put came a ready answer. Then'-at 3.30 came tho denounemont. I can. remember the thing step 1 by step. -I-shall never forget it. It ran like this— —" ' ; Gerard unconsciously stood up infront of the tall fender on which : he had been sitting,, arid .addressed an. iinaginary witness,. from-bine. to time pointing at .him. with' liia forefinger. It was not.acting;; He was living the scene again,. and expressing it in ,tlio only, way he;could.. ••••■ '"What did you do in the mining camp, to earn a 'living?', was Tempest's question, gentle and persuasive. ; "'I was in. a : dry.-goods store.' " Tes. .How long ' were you doing that?' "'From the, time I was twelve till I left tho camp.'' : . . ..: '"That would bo till a few, monthsago. . ""Yes.' . ■ ■■■ ' '"And what . were you doing in- the dry goods store?' "'Oh! the iisnal assistant's'work.' _ ;. "Tempest then took up .the: letters WTitten - by'. Arthur's'. ' solicitors:, : to. old Mr.; Carruthers and referred t? onoi of- thorn/ Ho- Avas'doinf ieyeiTthiig' to Avit-; ness's attention'; off . the ( real- point. , ■ ;;-." 'Tiy, to ! explain ■ to; me,- -he 1 continhW,. very- ,quietly.' labels' -for{.different:"things;'- .'v-v- >; ''The, witness" looked anxions. You.see, .Tempest;..h'ad'^iieferred:.to 'ohe ' of iith'e : bunoh:.ofi'lletters -lie.:hcld\in his hand, 'aiid-'-'^rttßrr!-frM. ; ', , ii'ptV , flßre\wl>at' w : as'.in\ the vothers. ,; '?Ho.-^''cdttld'.-'not'. make :.out what . Tempest was after. •. V-i: !"• . -'"IHCes,' 'Jie answered, though ..his,brow. contracted. ;y- - . "'So that for/ tetf'--years :'<m ;and. off you were .writing• labels?"' ' "'Yes.' '• " 'And you would khow - well the prices of say, coffee •; and'."'' sugar.during that period?' Ks '... ,'v <■:■ ■ "'Well, roughly- only; of course, it varied.' ■ , ' . 1 . : - ', . ■-I ; - ;. "'I agree. 1 " - Aid ' you ' would be twisting up those .oohe-'shaped; paper bags for; holding.'the coffee,.' sugar,; qnd 1 tea ?' ■ "Tempest put...the. question ;almost apologetically,, as if ; it . were beneath" the dignify of the .occasion. -• " 'Oh, yes, constantly.' "'Every day?' ' :'. '' "I should .think;,so.' . :

'I'din! going "to test your; knowledge, 'about tlio spoiling of ;some ;,of f those, tilings' yo'ii.mnde. labels 'for/ said,.Tern-1 pest. 'Take this piece 'of paper.'. • ' "Tempest sent; up, to him a piece of paper, about the- size that;.makes /: up one of those .cone-shaped' bags', they put .sugar into.' 1 -The witness : took 'a pencil .'from - ;his ■ pocket' and. similed—for the last time. : '"Tempest looked at "him;.-fixedly, for a. minute or two. "Put..'down','that pencil, .pleasft; /liioke- one 'of; those cone-shaped-things'; 1 out' of' that, pieceof.; paper,' "j;- ,' \ "The qniet voice was. raised; the mand rang out clear arid; distinct. ; ' :There,i was a second's, breathless suspense- in court.....The witness tried ; and blundered;. tried : again .and. blundered; again. ,'; He went; scarlet, r.'and theri : . stood 1 lookirigvat Tempest;V,,:. hudd'.ed,' crestfallen, - arid brblceh. ' • For. a full minuto Tempest' watched- him;'as if ' waiting, for him to; comply, then he -looked : at' the; j ury' : arid' then'ho sat down." .: .■ Gerard-paused. . ' : . : , ! 'r call • tliat' living,", muttnred a gonial Guardsman;!who- could 'riot; beVacoused of; ignoranob of emotional moments; 1 ■ ."But- how;did he think of it ?" r.asfedl'. :'.' i 'Tf krie\W what,] was coming all the; ".tiriie: 4 His-and : 'i'lriterviewed the 1 sriiarji ' ettfce'J's s S^stariSj'J'Mrs.Heattcote (Sent'. Tho I ''first' , ' , asked him :was this: '-'AVhat's tlie.first' thing they set 'you to. do' .learning'the; trade?" '"Making cones,'''was'the reply, "it'sonot'as!easy-'as'iit .looks," : : r ;:v, v,-.;; ' And : the whole house, party rushed for , bits of paper to. try. .