Dr. Thorndyke Omnibus Vol 6

by R. Austin Freeman

  "And what do you think of our chances with the kind of jury that we are likely to get?"

  Mr. Gimbler pursed up his lips and shook his massive head.

  "We mustn't begin giving opinions at this stage," said he. "Remember that I have only heard the story at second hand from Mr. Buffham; just a sketch of the nature of the case. Let us begin at the beginning and forget Mr. Buffham. You are claiming, I believe, to be the grandson of the late Earl of Winsborough. Now, I should like to hear an outline of the grounds of your claim before we go into any details."

  As he spoke, he fixed an inquiring eye on Miss Pippet, who promptly responded by opening her hand-bag and drawing therefrom a folded sheet of foolscap paper.

  "This," said she, "is a concise statement of the nature of the claim and the known facts on which it is based. I thought it would save time if I wrote it out, as I could then leave the paper with you for reference. Will you read it or shall I?"

  Mr. Gimbler looked at the document, and, observing that it was covered with closely-spaced writing in a somewhat crabbed and angular hand, elected to listen to the reading in order that he might make a few notes. Accordingly Miss Pippet proceeded to read aloud from the paper with something of the air of a herald reading a royal proclamation, glancing from time to time at the lawyer to see what kind of impression it was making on him. The result of these inspections must have been a little disappointing, as Mr. Gimbler listened attentively with his eyes shut, rousing only at intervals to scribble a few words on a slip of paper.

  When she had come to the end of the statement—which repeated substantially, but in a more connected form, the story that her brother had told to Buffham—she laid the paper on the table and regarded the lawyer with an interrogative stare. Mr. Gimbler, having opened his eyes to their normal extent, directed them to his notes.

  "This," said he, "is a very singular and romantic story. Romantic and strange, and yet not really incredible. But the important question is, to what extent is this interesting tradition supported by provable facts? For instance, it is stated that when Josiah Pippet used to disappear from his usual places of resort, the Earl of Winsborough made his appearance at Winsborough Castle. Now, is there any evidence that the disappearance of Josiah coincided in time with the appearance of the Earl at the Castle, and vice versa?"

  "There is the diary," said Miss Pippet.

  "Ha!" exclaimed Mr. Gimbler, genuinely surprised. "The diary makes that quite plain, does it?"

  "Perfectly," the lady replied. "Any way, it is quite clear to me. Whenever Josiah was about to make one of his disappearances, he noted in his diary quite unmistakably: 'Going away tomorrow for a little spell at the old place.' Sometimes, instead of 'the old place,' he says plainly 'the Castle.' Then there is a blank space of more than half a page before he records his arrival home at 'The Fox and Grapes.'''

  "H'm, yes," said Mr. Gimbler, swinging his folded eyeglass on its ribbon like a pendulum. "And you think that by the expression 'the old place' or 'the Castle' he means Winsborough Castle?"

  "I don't see how there can be any doubt of it. Obviously, 'the old place' must have been Winsborough Castle, where he was born."

  "It would seem probable," Mr. Gimbler admitted. "By the way, is there any evidence that he was born at the castle?"

  "Well," Miss Pippet replied a little sharply, "he said he was; and I suppose he knew."

  "Naturally, naturally," the lawyer agreed. "And you can prove that he did say so?"

  "My brother and I have heard our father repeat the statement over and over again. We can swear to that."

  “And with regard to the Earl? Is there any evidence that, when Josiah returned home to 'The Fox and Grapes,' his Lordship disappeared from the Castle?"

  "Evidence!" Miss Pippet exclaimed, slapping her hand-bag impatiently. "What evidence do you want? The man couldn't be in two places at once!"

  "Very true," said Mr. Gimbler, fixing a slightly perplexed eye on his dangling glasses; "very true. He couldn't. And with regard to the sham funeral. Naturally there wouldn't be any reference to it in the diary, but is it possible to support the current rumour by any definite facts?"

  "Don't you think the fact that my father—Josiah's own son—was convinced of it is definite enough?" Miss Pippet demanded, a trifle acidly.

  "It is definite enough," Gimbler admitted, "but in courts of law there is a slight prejudice against hearsay evidence. Direct, first-hand evidence, if it is possible to produce it, has a good deal more weight."

  "So it may," retorted Miss Pippet, "but you can't expect us to give first-hand evidence of a funeral that took place before we were born. I suppose even a court of law has a little common sense."

  "Still," her brother interposed, "Mr. Gimbler has put his finger on the really vital spot. The sham funeral is the kernel of the whole business. If we can prove that, we shall have something solid to go on. And we can prove it—or else disprove it, as the case may be. But it need not be left in the condition of what the late President Wilson would have called a peradventure. If that funeral was a sham, there was nothing in the coffin but some lumps of lead. Now, that coffin is still in existence. It is lying in the family vault; and if we can yank it out and open it, the Winsborough Peerage Claim will be as good as settled. If we find Josiah at home to visitors, we can let the claim drop and go for a holiday. But if we find the lumps of lead, according to our program, we shall hang on to the claim until the courts are tired of us and hand over the keys of the Castle. Mr. Gimbler is quite right. That coffin is the point that we have got to concentrate on."

  As Mr. Pippet developed his views, the lawyer's eyeglasses, dangling from their ribbon, swung more and more violently, and their owner's eyes opened to an unprecedented width. He had never had the slightest intention of concentrating on the coffin. On the contrary, that obvious means of exploding the delusion and toppling over the house of cards had seemed to be the rock that had got to be safely circumnavigated at all costs. In his view, the coffin was the fly in the ointment; and the discovery that it was the apple of Mr. Pippet's eye gave him a severe shock. And not this alone. He had assumed that the lady's invincible optimism represented the state of mind of both his clients. Now he realized that the man whom he had written down an amiable ass, and perhaps a dishonest ass at that, combined in his person two qualities most undesirable in the circumstances—hard common sense and transparent honesty.

  It was a serious complication; and as he sat with his eyes fixed on the swinging eyeglasses, he endeavoured rapidly to shape a new course. At length he replied:

  "Of course you are quite right, Mr. Pippet. The obvious course would be to examine the coffin as a preliminary measure. But English law does not always take the obvious course. When once a person is consigned to the tomb, the remains pass out of the control of the relatives and into that of the State; and the State views with very jealous disapproval any attempts to disturb those remains. In order to open a tomb or grave, and especially to open a coffin, it is necessary to obtain a faculty from the Home Secretary authorizing an exhumation. Now, before any such faculty is granted, the Home Secretary requires the applicant to show cause for the making of such an order."

  "Well," said Mr. Pippet, "we can show cause. We want to know whether Josiah is in that coffin or not."

  "Quite so," said Mr. Gimbler. "A perfectly reasonable motive. But it would not be accepted by the Home Office. They would demand a ruling from a properly constituted court to the effect that the claim had been investigated and a prima facie case made out."

  "What do you mean by a prima facie case?" Miss Pippet inquired.

  "The expression means that the claim has been stated in a court of law and that sufficient evidence has been produced to establish a probability that it is a just and reasonable claim."

  "You mean to say," said Mr. Pippet, "that a judge and jury have got to sit and examine at great length whether the claim may possibly be a true claim before they will consent to examine a piece of evidence which will
settle the question with practical certainty in the course of an hour?"

  "Yes," Mr. Gimbler admitted, "that, I am afraid is the rather unreasonable position. We shall have to lay the facts, so far as they are known to us, before the court and make out as good a case as we can. Then, if the court is satisfied that we have a substantial case, it will make an order for the exhumation, which the Home Office will confirm."

  "For my part," said Miss Pippet, "I don't see why we need meddle with the coffin at all. It seems a ghoulish proceeding."

  "I entirely agree with you, Miss Pippet," said Mr. Gimbler (and there is no possible doubt that he did). "It would be much better to deal with the whole affair in court if that were possible. Perhaps it may be possible to avoid the exhumation, after all. The court may not insist."

  "It won't have to insist," said Mr. Pippet. "I make it a condition that we ascertain beyond all doubt whether Josiah is or is not in that coffin. I want to make sure that I am claiming what is my just due, and I shan't be sure of that until that coffin has been opened. Isn't it possible for you to make an application to the Home Secretary without troubling the courts?"

  "It would be possible to make the application," Mr. Gimbler replied somewhat dryly. "But a refusal would be a foregone conclusion. Quite properly so, if you consider the conditions. The purpose of the exhumation is to establish the fact of the sham burial. But if that were established, you would be no more forward, or, at least very little. Your claim would still have to be stated and argued in a court of law. Of course, the proof of the sham burial would be material evidence, but still, your claim would stand or fall by the decision of the court. Naturally, the Home Office, since it cannot consider evidence or give a decision, is not going to give a permit until it is informed by the proper authority that an exhumation is necessary for the purposes of justice. Believe me, Mr. Pippet, we should only prejudice our case by trying to go behind the courts; and, moreover, we should certainly fail to get a permit."

  "Very well," said Mr. Pippet. "You know best. Then I take it that there is not much more to say at present. We have given you the facts, such as they are, and we shall leave my sister's statement with you, and it will be up to you to consider what is to be done next."

  "Yes," agreed Gimbler. "But something was said about documents—some letters and a diary. Are they available?"

  "They are," replied Mr. Pippet. "I've got the whole boiling of them in this box. My sister has been through them, as she mentioned to you just now."

  "And you?" Mr. Gimbler asked with a trace of anxiety, as he watched his client's efforts to untie the parcel. "Have you examined them thoroughly?"

  "I can't truly say that I have," was the reply, as Mr. Pippet deliberately opened a pocket knife and applied it to the string. "I had intended to look through them before I handed them to you, but Mr. Buffham assured me that it would be a waste of labour, as you would have to study them in any case; so, as I am not what you would call a studious man, and they look a pretty stodgy collection, I have saved myself the trouble."

  "I don't believe," said Miss Pippet, "that my brother cares two cents whether we succeed or not."

  The lady's suspicion was not entirely unshared by her legal adviser. But he made no comment, as, at this moment, Mr. Pippet, having detached the coverings of the parcel, and thereby disclosed the deed box which he had shown to Buffham, inserted a key and unlocked it.

  "There," said he, as he threw the lid open, "you can see that the things are there. Those bundles of paper are the letters and the little volumes are the diary. There is no need for you to look at them now. I guess you will like to study them at your leisure."

  "Quite so," agreed Mr. Gimbler. "It will be necessary for me to examine them exhaustively and systematically and make a very careful précis of their contents, with an analysis of those contents from an evidential point of view. I shall have to do that before I can give any opinion on the merits of the case, and certainly before I suggest taking any active measures. You realize that those investigations will take some time?"

  "Certainly," said Mr. Pippet; "and you will not find us impatient. We don't want to urge you to act precipitately."

  "Not precipitately," agreed Miss Pippet. "Still, you understand that we don't want too much of the law's delay."

  Mr. Gimbler understood that perfectly; and, to tell the whole truth, looked with much more favour on the lady's hardly-veiled impatience than on her brother's philosophic calm.

  "There will be no delay at all," he replied, "but merely a most necessary period of preparation. I need not point out to you, Madam," he continued after a moment's pause, "that we must not enter the lists unready. We must mature our plans in advance, so that when we take the field—if we decide to do so—it will be with our weapons sharpened and our armour bright."

  "Certainly," said Miss Pippet. "We must be ready before we start. I realize that; only I hope it won't take too long to get ready."

  "That," replied Mr. Gimbler, "we shall be better able to judge when we have made a preliminary inspection of the documentary material; but I can assure you that no time will be wasted."

  Here he paused to clear his throat and adjust his eyeglasses. Then he proceeded: "There is just one other little matter that I should like to be clear on. You realize that an action at law is apt to be a somewhat expensive affair. Of course, in the present case, there is a considerable set-off. If you are successful, the mere material gain in valuable property, to say nothing of the title and the great social advantages, will be enough to make the law costs appear a negligible trifle. Still, I must warn you that the outlay will be very considerable. There will be court fees, fees to counsel, costs of the necessary investigations, and, of course, my own charges, which I shall keep as low as possible. Now, the question is, are you prepared to embark on this undoubtedly costly enterprise?"

  He asked the question in a tone as impassive and judicial as he could manage, but he awaited the answer with an anxiety that was difficult to conceal. It was Miss Pippet who instantly dispelled that anxiety.

  "We understand all about that," said she. "We never supposed that titles and estates were to be picked up for the asking. You can take it that we shall not complain of any expense in reason. But perhaps you were thinking of our capacity to bear a heavy expense? If you were, I may tell you that my own means would be amply sufficient to meet any likely costs, even without my brother's support."

  "That is so," Mr. Pippet confirmed. "But, as I am the actual claimant, the costs will naturally fall on me. Could you give us any idea of our probable liabilities?"

  Mr. Gimbler reflected rapidly. He didn't wish to frighten his quarry, but he did very much want to take soundings of the depth of their purse. Eventually, he took his courage in both hands and made the trial cast.

  "It is mere guess work," said he, "until we know how much there may be to do. Supposing—to take an outside figure—the costs should mount to ten thousand pounds. Of course, they won't. But I mention that sum as a sort of basis to reckon from. How would that affect you?"

  "Well," said Mr. Pippet, "it sounds a lot of money, but it wouldn't break either of us. Only we look to you to see that the gamble is worthwhile before we drop too much on it."

  "You may be quite confident," Gimbler replied in a voice husky with suppressed joy, "that I shall not allow you to embark on any proceedings until I have ascertained beyond a doubt that you have at least a reasonable chance of success. And that," he continued, rising as his visitors rose to depart, "is all that is humanly possible."

  He stuck his glasses on his nose to shake hands and to watch Mr. Pippet as he detached the key of the deed box from his bunch. Then he opened the door and escorted his visitors through an atmosphere of fried onions to the street door, where he stood watching them reflectively as they descended the steps and made their way along the flagged path to the gate.

  As Mr. Gimbler closed the street door, that of the waiting-room opened softly, disclosing the figure of no less a person than M
r. Buffham. And, naturally, the figure included the countenance; which was wreathed in smiles. Looking cautiously towards the kitchen stairs, Mr. Buffham murmured:

  "Did I exaggerate, my little Gimblet? I think not. Methought I heard a whisper of ten thousand pounds. An outside estimate, my dear sir; in fact, a wild overestimate. Hey? What O!"

  Mr. Gimbler did not reply. He only smiled. And when Mr. Gimbler smiled—as we have mentioned—his eyes tended to disappear. They did on this occasion. Especially the left one.

  III. MR. PIPPET GIVES EVIDENCE

  American visitors to London often attain to a quite remarkable familiarity with many of its features. But their accomplishments in this respect do not usually extend to an acquaintance with its intimate geography. The reason is simple enough. He who would know London, or any other great city, in the complete and intimate fashion characteristic of the genuine Town Sparrow, must habituate himself to the use of that old-fashioned conveyance known as "shanks's mare." For the humblest of creatures has some distinctive excellence; even the mere pedestrian, despised of the proud motorist (who classes him with the errant rabbit or the crawling pismire) and ignored by the law, has at least one virtue: he knows his London.

  Now, the American visitor is not usually a pedestrian. As his time appears to him more valuable than his money, he tends to cut the Gordian knot of geographical difficulties by hailing a taxi; whereby he makes a swift passage at the sacrifice of everything between his starting-point and his destination.

  This is what Mr. Pippet did on the afternoon of the day of his conference with Mr. Gimbler. The hailing was done by the hotel porter, and when the taxi was announced, Mr. Pippet came forth from the hall and delivered to the driver an address in the neighhbourhood of Great Saint Helen's, wherever that might be, and held open the cab door to admit the young lady who had followed him out; who thereupon slithered in with the agility born of youthful flexibility, extensive practice and no clothing to speak of.