Mystery on Southampton Water

by Freeman Wills Crofts

  In due course the board meeting took place, and the directors did as Tasker had foretold and agreed that the selling price of their product should remain unaltered. They extended to King their warmest congratulations, and at Tasker’s suggestion they decided he was to get five per cent of the profits of the process, in addition to a substantial increase of salary.

  Tasker made a very big point of the necessity for absolute secrecy if their process was not to be copied by other firms. This, he pointed out, would see the end of their profits. He was so emphatic that the directors seemed really impressed.

  In due course the parts of the new machines were supplied and were assembled by King. Within about six weeks of receiving the authority to proceed, he had the process in operation.

  The results delighted all concerned. When the costs were made up secretly by Brand he found that the change was going to save even more than King had estimated. A veiled delight reigned at Joymount. The works were saved! Everybody’s job was saved, and soon there would be more money for all! The start of the process seemed indeed to usher in a happier period, particularly to the three principal officers of the works. No manifestations were made by the police. Brand’s doubts and fears began slowly to subside, and thoughts of arrest and what might follow arrest faded gradually from his mind. It looked as if the authorities were either satisfied that the law had been broken only by the dead man, or that their wider enquiries had drawn blank. Brand began to feel some assurance that he would hear no more of this appalling episode in his life.

  Then a new development arose which gave both him and his two fellow conspirators very furiously to think.

  One morning early in November Brand was summoned to Tasker’s office. With him he found Haviland and Mairs.

  Brand knew the Chayle partners slightly, having met them at business conventions, though neither had been before at Joymount, nor had he or Tasker been—officially—at Chayle. They greeted him courteously.

  ‘Our friends have come to discuss a matter of business with us,’ Tasker explained, ‘and as it appears that we won’t be able to keep long away from figures, I thought I’d better ask you to come in at once.’

  Brand murmured that he was glad to meet the visitors. Conversation was general for a few moments, and then Haviland got down to it.

  ‘In these days of cut-throat competition,’ he began, ‘we have to watch very carefully what our rivals are doing. I suppose that applies to you too?’

  Tasker told him it most certainly did.

  ‘We have developed a systematic watch on the market,’ went on Haviland in his slow ponderous way. ‘We have to, and I expect you do it too.’ Again he paused, but Tasker merely nodding, he continued. ‘Now part of our routine is to analyse at frequent intervals the cement our friends—and rivals—put out. We’ve been doing it for three or four years.’

  ‘It’s a practice I much admire,’ Tasker said smoothly, ‘though I’m afraid we don’t go into it so closely ourselves. Price changes, and—er—rebates is what interests us most.’

  Haviland agreed. ‘We don’t overlook that side of it either, but we find the chemical analysis also valuable. Now we analyse samples of all cement that comes on the market, and we therefore analysed yours among the rest. No objection, I hope?’

  Tasker smiled. ‘Of course not,’ he declared. ‘How could there be?’

  ‘We didn’t of course intend anything unfriendly: it was only in the way of business. But in the case of your stuff, Samson, that’s our expert, made an interesting report. He found that the cement contained a higher proportion of certain minerals than usual, and that it reacted in certain definite ways to other tests. I may say he found that your cement was a cement well known to us, and which in point of fact we have been making for a considerable time.’

  ‘That’s very remarkable,’ Tasker returned in an interested voice. ‘There’s no secret about this cement that we’re putting out. We’ve adopted a slightly different process, invented by our chemist, King. You tell me you’ve something of the same kind?’

  ‘We have been turning out that identical stuff for nearly three years.’

  ‘Very remarkable indeed. Of course it’s a common thing in a way. History tells us that again and again inventions have been brought out by several people simultaneously. There seems to come a period in the world’s history when things get ripe for a new product, and then it appears—in different places.’

  Haviland hesitated for an appreciable interval. ‘That,’ he said drily, ‘is indeed very true. But that,’ he added with what Brand thought was a horribly sinister emphasis, ‘is not the only way in which such a phenomenon can be explained.’ He paused, then before Tasker could speak, went on. ‘But we didn’t come here to occupy your time in discussing causes. We should be satisfied to leave causes alone. What we wanted to discuss was something more pleasant. We wondered whether this move of yours mightn’t lead to—well, to something in the nature of an agreement between us?’

  During all this preamble Brand’s heart had been sinking lower and lower. So far as he could see, there was only one thing that it could mean. In some utterly unforeseen and incredible way their actions at Chayle had become known. And now here were the partners come to exact their vengeance.

  This last remark of Haviland’s however gave the conversation an entirely unexpected twist. Brand could have sworn that their visitor was leading up to something very different. It puzzled him, and therefore made him the more uneasy. Could it be, he wondered, that the Chayle partners only suspected what had happened, and that this suggestion of an agreement was simply some ingenious kind of trap to give them their proof?

  These ideas shot through Brand’s mind, but he could not consider them in detail. Tasker was speaking.

  ‘That’s a very interesting proposal,’ he was saying, ‘and one we should be glad to follow up. At the same time I don’t know that I exactly follow. What, roughly speaking, was the nature of the agreement you had in mind?’

  ‘Well,’ Haviland returned, ‘here we are, both of us, manufacturing this new product at a good profit. Now this is a situation in which we could easily cut each other’s throat. It would seem,’ he smiled heavily, ‘a pity to do so. It appeared to us a case where union would be strength.’

  ‘You mean that we shouldn’t attempt to undersell one another?’

  ‘That among other things.’

  Tasker got up and went to a cupboard. He took out a box of cigars and handed them round. ‘As this promises to be a longer session than I had anticipated, we may as well be comfortable,’ he explained, and returning he brought out whisky and soda and four glasses.

  ‘This is very nice of you,’ Haviland remarked, and Mairs also murmured appreciatively.

  For a few moments the conversation strayed from the point at issue, then Tasker brought it back.

  ‘Speaking entirely offhand,’ he said, ‘I imagine we should be very pleased to agree with you that neither of us should undersell the other. As a matter of fact, as you know, we are not underselling you at present.’ He smiled disarmingly as he added, ‘But you are underselling us.’

  ‘We are,’ Haviland admitted readily, ‘but that would be a matter of arrangement. If we could see eye to eye about the main business, details of that kind would settle themselves.’

  ‘I think,’ said Tasker cautiously, ‘that I may say that we should be prepared to consider very carefully any proposals that you might make us.’ He looked at Brand, who nodded his agreement.

  ‘Of course,’ Haviland went on, ‘as long as our joint works are producing only a small proportion of the total rapid-hardening cement made in this country, the matter is not so serious. But if either of us increased the output by issuing licences to other firms to manufacture on our process, that might make a considerable difference to the other one.’

  ‘I follow,’ said Tasker, nodding. ‘You think that we should agree not to issue licences or buy up works or extend our own works other than by mutual agreement
?’

  ‘That might be part of it, yes,’ Haviland agreed. ‘But there’s an even more important aspect of the subject, and that is the present profits we are both making. Now we know our profits, and seeing that we are both working the same process, we can estimate yours.’

  ‘But I don’t think we know that we are both working the same process,’ Tasker countered. ‘You say that our new product is the same as yours. Well, you have made tests, and if you say so, I am willing to grant it—I don’t known personally. But I don’t know how you can say our processes are the same. There are many roads to Rome.’

  ‘It would seem from what our engineer, Samson, tells us that the processes must be the same. However let that pass for the moment. If you don’t think I know what your profits are, let me say, you are making certain profits.’

  Tasker smiled. ‘I’m glad to say that at least is correct.’

  ‘Quite. And you said, I think, that your chemist, Mr King, had got your process going quite recently?’

  Tasker hesitated momentarily. ‘I don’t think I said so, but it’s quite true. He’s been working at it for a long time, but it’s only comparatively recently that we’ve been manufacturing on any scale.’

  ‘Quite. That was my information. Now we’ve been talking a good deal about this affair, but it’s only now we are coming to the real issue. We have, as it were, been chipping at the cocoanut, but have only now penetrated to the milk. You have been working it for a short time, whereas we have been putting out the stuff for over three years.’

  Tasker simulated a mild mystification. ‘Yes?’ he said. ‘So I gathered from you. But I don’t know that I see just where that leads us.’

  ‘I probably haven’t made myself clear,’ Haviland said politely. ‘On account of this matter of dates, we consider that we were the originators of the process. That we have in fact a priority claim on it.’

  ‘But, of course,’ Tasker agreed. ‘We don’t dispute it for a moment. As a matter of fact I don’t mind admitting that it was the fact that you were underselling us that started King to work.’

  ‘Quite. And we have therefore a claim on the process.’

  ‘A theoretical claim for priority, yes. But only theoretical. We did not understand that you had patented your process?’

  ‘Nor have we. But we think that scarcely relevant. In fact, Mr Tasker, we don’t mean a mere admission of our priority. We think it carries a royalty.’

  ‘I’m afraid,’ Tasker was more polite than ever, ‘that this time it’s I who have not made myself clear. Our engineer reached the process—our process, I mean—by means of a series of independent experiments. I think that can be demonstrated.’

  ‘My dear sir!’ Haviland was overwhelmed. ‘Please don’t imagine that I doubted it. I’m satisfied he could show us every step in the evolution of the affair from nebulosity to the completed process. What I doubt is that it affects the question. I base our claim on mere priority.’

  ‘But you surely don’t take up the position that where two persons independently make an unpatented invention, the second in point of time is liable to pay the first a royalty?’

  ‘I’m afraid I haven’t really considered any abstract cases at all—simply this concrete one—that’s rather neat, I think,’ Haviland laughed heavily—‘this concrete one of our own cement. In this case we really do think we’re entitled to a royalty on your profits from the process.’

  Tasker went through the form of considering the statement. ‘I’ll admit,’ he said with a smile, ‘that this is a totally unexpected point of view. I don’t know that I’ve ever heard of such a claim being advanced. But perhaps we are talking about different things. I was taking “royalty” to mean something substantial. You doubtless mean a nominal sum as an admission that you were first in the field?’

  ‘Not entirely nominal, I’m afraid. Not to waste your time by beating about the bush, I may say at once that we think the circumstances entitle us to seventy-five per cent of the extra profits made by the process.’

  Tasker smiled again, but Brand saw that behind the smile his eyes were hard and cold. ‘You’re not serious, Mr Haviland,’ he said easily. ‘As I said, a trifling admission that you were first in the field, yes. But what you suggest is equivalent to our working the process on licence from you; and pretty stiff terms at that.’

  ‘Well, that is exactly the suggestion. You don’t think it reasonable?’

  ‘Oh now, you don’t really expect me to treat it seriously. An agreement on the matters you mentioned earlier—yes, we’d be delighted. But a royalty of seventy-five per cent!’ Tasker laughed with evident amusement.

  ‘Well,’ said Haviland, ‘I’m sorry you don’t see eye to eye with us there. In fact we thought the terms were moderate. Let us however leave the question over and you perhaps will think of terms that you would suggest for an agreement. I’m glad at least that you think an agreement is desirable.’

  ‘I agree to that,’ Tasker answered. ‘Of course you realise that our positions are a bit different. You are your own master and can do what you like: I have a board of directors behind me. However I can assure you that we on this side will give the matter very careful consideration. I don’t know,’ he added pleasantly, ‘that I’m including in that a seventy-five per cent royalty, you know.’

  ‘We’ll exclude nothing,’ Haviland rejoined smiling. ‘We’ll enter our conference with untied hands, free to consider anything. Isn’t that the best international practice? Come, Mairs, we mustn’t keep these good people for the whole day.’

  He turned it off with a joke, but his eyes also were unsmiling.

  Courteous to the last, Tasker and Brand saw them to their launch, and waved their arms as is the manner of friends. But Tasker’s face was grim and set as they returned towards the offices.

  ‘We’re for it, Brand,’ he said shortly. ‘They know!’

  14

  An Alliance with the Enemy

  As Brand watched the receding launch, he seemed to see disappearing with it his own happiness, his security, and his hopes for the future. For of course Tasker was right. Instead of the whole hideous affair of the Chayle Works being over, it looked as if it was just really beginning.

  And there was no knowing to what this new development might lead. They were going to be blackmailed, but was that all they faced? Did it only mean that their profits would be reduced? Or could Haviland supply evidence which would lead to a conviction for murder?

  Brand’s heart sank lower than it had done at any time since the ghastly affair began. Oh how he wished he had never gone into it with King! What would he not give if he could wake up and find it was only a nightmare! How joyfully he would accept the loss of his job and capital, if only he could be cleared of this dreadful shadow which was hanging over him!

  He was steadied by Tasker’s matter-of-fact voice. ‘We’ve got to do a bit of thinking over this, Brand,’ the managing director declared. ‘If we’re not careful those chaps will give us trouble.’

  Brand pulled himself together. ‘Let’s go back to your room and get King,’ he suggested.

  ‘No,’ Tasker returned, ‘that’s just what we mustn’t do. If we have a conference the moment they go, it’ll show there’s something up. No, Brand; you go back to your office as if nothing had happened, and don’t see King. But bring him along to my house after dinner.’

  This was obvious wisdom and Brand acted on it. But when he reached his room he found he couldn’t work. He had been doing a job with one of the clerks and he simply couldn’t concentrate on it. He had to make an excuse and get rid of the man.

  He saw King at the lunch hour, but merely said that something serious had happened and that they were to go up to Tasker’s in the evening to discuss it. It was not till they were on the way that he told the full story.

  King was a good deal upset. He had looked upon his scheme as a complete success, and this suggestion of failure at its very root was a blow not only to his peace of mind but to his self
-esteem.

  The managing director was waiting for them in his library. Brand at once felt comforted by his manner, which seemed unimpressed and normal.

  ‘Cold night,’ Tasker began. ‘You’re just in time for coffee.’

  They settled themselves round the fire, Brand and King with cigarettes and Tasker with his pipe. Tasker began to talk about football, and it was not till the maid had brought the coffee and withdrawn, that he turned to business.

  ‘Very awkward this affair,’ he said to King. ‘I suppose Brand has told you about it?’

  ‘He has,’ King returned drily. ‘It seems to me worse than very awkward.’

  ‘We don’t know how bad it is,’ Tasker declared. ‘We don’t know how much these people have guessed and how much they can prove.’

  ‘You mean,’ King asked, ‘that they may be bluffing?’

  Tasker nodded. ‘That’s our first question at all events.’

  ‘Rather risky, a bluff of that kind,’ Brand said doubtfully.

  ‘You think so?’ Tasker shook his head. ‘What could we do?’

  ‘Nothing, of course, as things are. But suppose we hadn’t been to Chayle, we could take them to court for defamation of character.’

  ‘No,’ said Tasker; ‘we couldn’t. During that interview they didn’t say a single word that was actionable.’

  King nodded. ‘That’s true. There appears to have been a suggestion that if we thought the cap fitted us we ought to put it on, but from what Brand tells me, they never said it fitted.’

  ‘What they’re doing is blackmail,’ Brand pointed out. ‘Would they risk that if they weren’t sure of their ground?’

  ‘I think so,’ Tasker answered, ‘if they believed they were right.’

  ‘Even if they couldn’t prove it?’

  ‘Yes, I think so.’

  ‘I’m inclined to agree,’ King observed. ‘Scotland Yard has been into this thing. Now I can scarcely believe that Haviland and Mairs should have found out something Scotland Yard missed. But if the Yard had got anything, they would have been here to see Brand and myself. They haven’t come. Therefore it looks to me as if nothing was really known.’