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- A Duet - 28/46 -'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 pounds, 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 poena (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 subpoena all their crowd.' 'Capital!' cried Frank. So a clerk was sent across to the Hotspur office with a whole bundle of subpoenas, and served them liberally out. And in two days' time was the day of battle.
CHAPTER XV--A RESCUE
As the day fixed for the hearing drew near, Ruin lived with them by day and slept with them by night. Its dark shadow covered their lives, and they moved in the gloom of its presence. If the trial went against them, and Owen in his most hopeful moods did not disguise from them that it might, they would have to pay the double costs as well as the original claim. All that they possessed would not cover it. On the other hand, if they won, this rich Company might carry the matter to a higher Appeal Court, and so involve them in a fresh succession of anxieties and expenses. Do what they would, there was always danger. Frank said little, and he slept little also. One night, just before the trial, Wingfield, the accountant of the Society, came down to Woking. He had managed the case all through for the directors. His visit was a sort of ultimatum. 'We are still ready to pay our own law-costs,' said he, 'if you will allow the original claim.' 'I can't do that,' said Frank doggedly. 'The costs are piling up at a furious rate, and some one will have to pay them.' 'I hope that it will be you.' 'Well, don't say afterwards that I did not warn you. My dear Crosse, I assure you that you are being misled, and that you have not really got a leg to stand upon.' 'That's what the trial is about,' said Frank. He kept a bold face to the enemy, but after Wingfield's departure, Maude saw that his confidence was greatly shaken. 'He seemed very sure of their case,' said he. 'He would not speak like that if he did not know.' But Maude took quite another view. 'If they know that they can recover their money in court, why should they send Mr. Wingfield down in this way.' 'He is such a good chap--he wants to save us expense.' Maude was less trusting. 'He is doing the best for his own side,' said she. 'It is his duty, and we can't blame him. But if he thought it best to get behind his own lawyers and come down here, then he must have some doubts about going into court. Perhaps he would be willing to consider some compromise.'
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