"Then you can stand down!" and leaning over to Grindle, who was below him, counsel whispered with a pleased spread of the hand: "There you are! that's our case."
There was a painful moment just before Bolliver left the witness-box. As if become suddenly alive to the sorry figure he had cut, he turned to the judge with hands clasped, exclaimed: "My Lord, if the case goes against me, I'm done ... stony-broke! And the defendant's got a down on me, my Lord—'e's made up his mind to ruin me. Look at him a-setting there—a hard man, a mean man, if ever you saw one! What would the bit of money 'ave meant to 'im? But ..."
He was rudely silenced and hustled away, to a sharp rebuke from the judge, who woke up to give it. All eyes were turned on Mahony. Under the fire of observation—they were comparing him, he knew, with the poor old Jeremy Diddler yonder, to the latter's disadvantage—his spine stiffened and he held himself nervously erect. But, the quizzing at an end, he fumbled with his finger at his neck—his collar seemed to have grown too tight. While, without, the hot blast, dark with dust, flung itself against the corners of the house, and howled like a soul in pain.
Counsel for the defence made an excellent impression. "Naturally! I can afford to pay a better-class man," was Mahony's caustic note. He had fallen to scribbling on a sheet of paper, and was resigned to sitting through an adept presentment of Ocock's shifts and dodges. But the opening words made him prick up his ears.
"My Lord," said counsel, "I submit there is here no case to go to the jury. No written contract existed between the parties, to bring it within the Statute of Frauds. Therefore, the plaintiff must prove that the defendant accepted these goods. Now I submit to you, on the plaintiff's own admission, that the man Murphy was a common carrier. Your Lordship will know the cases of Hanson V. Armitage and various others, in which it has been established beyond doubt that a carrier is not an agent to accept goods."
The judge had revived, and while counsel called the quality of the undelivered goods in question, and laid stress on the fact of no money having passed, he turned the pages of a thick red book with a moistened thumb. Having found what he sought, he pushed up his spectacles, opened his mouth, and, his eyes bent meditatively on the speaker, picked a back tooth with the nail of his first finger.
"Therefore," concluded counsel, "I hold that there is no question of fact to go to the jury. I do not wish to occupy your Lordship's time any further upon this submission. I have my client here, and all his witnesses are in court whom I am prepared to call, should your Lordship decide against me on the present point. But I do submit that the plaintiff, on his own showing, has made out no case; and that under the circumstances, upon his own evidence, this action must fail."
At the reference to witnesses, Mahony dug his pencil into the paper till the point snapped. So this was their little game! And should the bluff not work ...? He sat rigid, staring at the chipped fragment of lead, and did not look up throughout the concluding scene of the farce.
It was over; the judge had decided in his favour. He jumped to his feet, and his coat-sleeve swept the dust off the entire length of the ledge in front of him. But before he reached the foot of the stairs Grindle came flying down, to say that Ocock wished to speak to him. Very good, replied Mahony, he would call at the office in the course of the afternoon. But the clerk left the courthouse at his side. And suddenly the thought flashed through Mahony's mind: "The fellow suspects me of trying to do a bolt—of wanting to make off without paying my bill!"
The leech-like fashion in which Grindle stuck to his heels was not to be misread. "This is what they call nursing, I suppose—he's nursing ME now!" said Mahony to himself. At the same time he reckoned up, with some anxiety, the money he had in his pocket. Should it prove insufficient, who knew what further affronts were in store for him.