"I'm special counsel for Governor Osborne in the Appleweight case. There's no use in wasting time in further identification, but if you take down that volume on Admiralty Practice just behind you, you will find my name on the title page. Or, to save you the trouble, as you seem to be interested in my appearance, I will tell you that my name is Griswold and that my address is Charlottesville, Virginia."
"You are undoubtedly lying. If you are smart enough to write a book you ought to know enough about legal procedure to understand that the attorney-general represents the state and special counsel would not be chosen without his knowledge."
"Allow me to correct you, my learned brother. You should never misquote the opposing counsel—it's one of the rules of the game. What I said a moment ago was that I represented the governor—Governor Osborne. I didn't say I represented the state, which is a different matter, and beset with ultra vires pitfalls. There is no earthly reason why a governor should not detach himself, so to speak, from his office and act in propria persona, as a mere citizen. His right to private remedy is not abridged by the misfortune of office-holding. Whether he can himself be made defendant in an action at law touches that ancient question, whether the monarch or the state can be sued. That's a question law students have debated from the beginning of time, but we must not confuse it with the case at issue. The governor, as a citizen, may certainly employ such counsel as he pleases, and just now I represent him. Of course, if you want me to furnish a brief—"
Griswold's manner was deliberate and ingratiating. He saw that the attorney-general had not the slightest sense of humor and that his play upon legal phrases was wasted. Bosworth grinned, but not at the legal status of monarchs and states. He had thought of a clever stroke and he dealt the blow with confidence.
"Let us assume," he said, "that you represent Mr. Osborne. May I ask the whereabouts of your client?"
"Certainly. You may ask anything you please, but it will do you no good. It's an old rule of the game never to divulge a client's secret. Governor Osborne has his own reasons for absenting himself from his office. However, he was at home to-night."
"I rather guess not, as I had all the trains watched. You'll have to do a lot better than that, Mr. Griswold."
"He has issued a statement to the public since you lied to the Intelligencer reporter about him to-day. I suppose it's part of your official duty to misrepresent the head of the state administration in the press, but the governor is in the saddle and I advise you to be good."
The attorney-general felt that he was not making headway. His disadvantage in dealing with a stranger whose identity he still questioned angered him. He did not know why Griswold had sought him out, and he was chagrined at having allowed himself to be so easily cornered.
"You seem to know a good deal," he sneered. "How did you get into this thing anyhow?"