The First R. Austin Freeman Megapack: 27 Mystery Tales of Dr. Thorndyke & Others

by R. Austin Freeman

  “Yes,” said Mr. Otway, “that is unfortunately—most unfortunately—the case.”

  “And that the proceedings will be taken by you, and that you have the power to stay them if you choose?”

  “I wouldn’t put it that way, Miss Vardon. That hardly states the position fairly. Do you know nothing of the circumstances at all? Has your father not told you any thing about this unfortunate affair?”

  “He has not spoken a word to me on the subject, and he has no idea that I know anything about it.”

  “H’m,” Mr. Otway grunted, reflectively. “Yes. Well, Miss Vardon, if you wish to talk the matter over with me, perhaps I had better just let you know how the land lies, although, really, your father is the proper person to tell you.”

  “I think you had better tell me, if you don’t mind,” said I.

  “Very well, Miss Vardon,” he agreed. “Then the position is this: A sum of money—five thousand pounds, to be exact—was handed to your father by the trustees of a certain estate, to be invested by him on behalf of the trust; and the manner of its disposal—into which we need not enter—was quite clearly specified. But your father, instead of disposing of the money as directed, chose to make over the whole of it as a loan to a friend of his who was in temporary difficulties; a manufacturer, as I understand, who had suffered an unexpected loss and was on the verge of bankruptcy. There was no proper security, nor even, as I understand, any satisfactory arrangement as to the payment of interest. The whole affair was most improper; a gross violation of trust. In effect, your father converted this money and made use of it for his own purposes.”

  “Is the money lost?” I enquired.

  Mr. Otway shrugged his shoulders. “Who can say? It may be recoverable some day, or it may not. But that is very little to the point. The position is that it is now demanded of your father and that he can’t produce it.”

  “And so you are going to prosecute him?”

  “Oh, please don’t put it that way, Miss Vardon. I am a quite involuntary agent. My position is that I am instructed to get this money from your father and dispose of it in a particular way. But I can’t get it; and when I report that fact, I shall, of course, be urged—in fact, compelled—to take criminal proceedings. I shall have no choice. It isn’t my money, you know.”

  “But why criminal proceedings?” I asked. “It seems to me that a civil action to recover the money would be the natural course.”

  Again Mr. Otway shrugged his shoulders. “I don’t see that it makes much difference,” said he. “The money has been made away with. Even if the trustees took no criminal action, there is the Public Prosecutor and there is the Incorporated Law Society. A prosecution is inevitable.”

  “And supposing my father is convicted?”

  “It is hardly necessary to suppose,” said Mr. Otway. “He will be. There is no defence. As to the sentence, I don’t imagine that the maximum punishment of seven years penal servitude is likely to be inflicted. Still, your father is a solicitor, and the law is, quite properly, very severe in the case of solicitors who misappropriate their clients’ property. He is almost certain to get a term of imprisonment.”

  To this I made no reply. There was nothing to say. It was only too clear that every avenue of escape was closed—save one; and realizing more fully every moment where that one led, I could not bring myself to make the fateful move. So, for a while, we sat in a hideous silence through which the ticking of a clock penetrated noisily and seemed to keep pace with the thumping of my heart.

  As I sat, bracing myself for the effort that had to be made, my eyes travelled, half unconsciously, over the person of my companion. His appearance was not prepossessing. Huge, unwieldy and shapeless, although by no means grossly fat, his great size carried no dignity; nor did his very marked and prominent features impart to his face anything of distinction or nobility. He was of a distinctly oriental type, with black and rather curly hair, oiled and combed over a slightly bald head, a large aquiline nose, a wide mouth, rather full and fleshy, and very dark eyes, under which were baggy folds of skin creased by innumerable tiny wrinkles. As I looked at him with growing distaste, I found myself comparing him to a gigantic spider. Suddenly it was borne in on me—perhaps by the measured ticking of the clock—that time was passing: time which might be infinitely precious. To delay further were mere cowardice. Nevertheless, when I spoke, it was in a voice so husky that I had to stop and begin again.

  “You spoke, Mr. Otway—I heard you mention to my father that—that on certain conditions, you would—would be prepared to abandon your intention of prosecuting—Or, at least—”

  I could get no farther. Fear and shame and loathing of this thing that I was going to do, overpowered me utterly. It was only by the most strenuous effort that I choked down the sob that was rising in my throat. But I had said enough, for Mr. Otway now came to my assistance.

  “I told your father that I was prepared to take over his liabilities, for the time being, at least, on condition that you became my wife. He refused, as perhaps you know refused very definitely, I may say.”

  “And rather rudely, I am afraid.”

  “He was not at any great pains to wrap his refusal up delicately. But we may let that pass. Is it in respect of this proposal of mine that you have done me the very great honour of calling on me, Miss Vardon?”

  I felt myself turn scarlet, but nevertheless I answered, resolutely:

  “Yes. I came to ask if my father’s very blunt refusal had closed the matter finally, or whether you were prepared to—to re-open it.”

  “We won’t talk about re-opening it. It was never closed, by me. The proposal that I made to your father I now make to you; and if you should see your way to accepting it, I believe you would never have occasion to regret your decision.”

  He spoke in a dry, commercial tone, as if he were trying to sell me something at a rather high price; as, in fact, he was. And meanwhile I found myself wondering dimly why on earth he wanted to marry me.

  “May I ask,” he continued, after a pause, “if you are disposed to entertain my proposal?

  “I would do anything to save my father,” I replied.

  “That,” said he, “is what I thought, judging from my previous knowledge of you; and it was the knowledge of your devotion to your father that encouraged me to make the proposal. For it seemed to me that a young lady of your attractions who could so completely devote herself to an elderly father might find it possible to devote herself to an elderly husband.”

  His reasoning did not impress me as very sound, seeing that it took no account of the respective personalities of the father and the proposed husband. But I made no reply, and, after a further pause, he asked:

  “Am I to understand that you—that you regard my proposal favourably?”

  “I can’t say that,” I replied. “But I came here tonight prepared to accept your conditions, and I am ready to accept them now. But, of course, you understand that I do so under compulsion and not of my own free choice.”

  “I quite realise that,” said he; “but I take it that you will carry out fairly any covenant into which you may enter.”

  “Certainly I shall,” was my reply.

  “Then may I take it that you are willing to marry me, on the conditions that I named?”

  “Yes, Mr. Otway. I consent to marry you on those conditions and on certain others that I will propose.”

  “Let us hear the other conditions,” said he.

  “The first is that you give me a promise in writing that, in consideration of my consent to marry you, you will do what is necessary to get my father out of his present difficulties.”

  “That is quite fair, though it is rather unnecessary. I shouldn’t want a convict for a father-in-law, you know. But, anyhow, I’ll agree, as soon as the marriage is over, to pay into your father’s bank a cheque for five thousand pounds, or, if he prefers it, to give him a full discharge for that amount. And I will give you an undertaking in writing to that effect
before you leave here tonight. Will that do?”

  “It will do quite well,” I answered. “But I wish you also to add to that undertaking a proviso to the effect that, if at any time before the marriage takes place, any circumstances shall arise by which your pecuniary help shall become unnecessary, then this agreement between you and me shall not take effect, and you shall have no claim of any kind on me.”

  Mr. Otway looked at me in some surprise, and, indeed, I was somewhat surprised myself at the completeness with which my judgment and self-possession had revived as soon as it came to making terms; though I had considered the matter very carefully on my way to Mr. Otway’s house.

  “You are a true lawyer’s daughter, Miss Vardon,” said he, with a somewhat wry smile. “You are not going to give yourself away gratis. No play, no pay, h’m? How ever, you are quite right. You agree to marry me for a certain consideration. If you don’t receive the consideration, you don’t marry me. Very well. That is a perfectly businesslike proposition, and I agree to it. You think that perhaps your father may be able to meet his liabilities, after all?”

  “I do not think anything of the kind. The proviso was introduced by me in view of a very different contingency. I was making this sacrifice to save my father’s life. If I failed in that, the sacrifice would be useless. But I did not think it necessary to mention this to Mr. Otway. I therefore replied that, as I knew very little about my father’s affairs, I thought it wise to provide even against the improbable.”

  “Quite so, Miss Vardon, quite so,” he agreed. “One should always make provision for the unexpected. Well, I have said that I accept your first two conditions. What is the next one?”

  “I want you to write my father a letter which shall relieve him of all present anxieties, and I want you to give me that letter so that it may be delivered tonight.”

  At this Mr. Otway’s countenance fell somewhat. He pursed up his lips disapprovingly, and, after some moments of reflection, said gravely: “That, you know, Miss Vardon, really anticipates the fulfilment of the contract on my side. Such a letter would commit me to a withdrawal of my demand for immediate payment of this money.”

  “But,” said I, “you have my promise, which I am willing to give you in writing, if you wish me to.”

  “Well,” he replied, dubiously, “that would seem to meet the difficulty, not that I am suspecting you of trying to evade fufilment. But, you see, your father has refused his consent and will probably continue to refuse, so that one would rather not raise the question. By the way, I suppose you are over twenty-one?”

  “I was twenty-three last birthday.”

  “Then, of course, his consent is not necessary. Still, one doesn’t want a fuss; and if you delivered this letter to him, he would be in possession of the facts, and then there would be trouble.”

  “I was not proposing to deliver it to him. I should drop it in the letter-box and let him think that you had sent or left it. He would know nothing of my visit to you or of the arrangement we have come to.”

  “I see. That alters the position somewhat. But is it really necessary? I can understand your wish to relieve his anxiety; but still, it need be only a day or two. Do you really think it is essential?”

  “I do, Mr. Otway. I think it absolutely essential. If I had not, I should not have come here tonight. My father is in a desperate position, and one never knows what a desperate man may do.”

  Mr. Otway gave me a quick glance, and I could see that he was considerably startled. The possibility at which I had hinted would have consequences for him as well as for me, and I saw that he fully realized this. But he did not answer hastily. Perhaps he saw more in my suggestion than I did myself. At any rate, he pondered for some seconds before he finally replied:

  “Perhaps you are right, Miss Vardon. I’m sure I shall be very glad to put an end to his suspense. Yes, I’ll write the letter and give it to you. Are there any more conditions?”

  “No; that is all. So if you will write the letter and the agreement and draft out what you want me to say, we shall have done. And please make as much haste as you can. It is rather late, and I am anxious to get home before my father if possible.”

  My anxiety apparently communicated itself to Mr. Otway, for he immediately swung his chair round to his desk, and, taking one or two sheets of paper from the rack, began to write rapidly. In two or three minutes he turned, and, handing me what he had written, together with a blank sheet of paper and a pen and ink-bottle, took a fresh sheet himself, and, without a word, began once more to write. The draft which he had handed me was simply and concisely worded as follows:—

  “I, Helen Vardon, of Stonebury, Maidstone, in the county of Kent, spinster, hereby promise to marry Lewis Otway, of the Beeches, Maidstone, in the county of Kent, attorney-at-law, within fourteen days from this present date, in consideration of his assuming the present liabilities of my father, William Henry Vardon, in respect of the estate of James Collis-Hardy deceased, this promise to be subject to the conditions set forth in a letter written to me by the said Lewis Otway and dated the 2 of April, 1908.

  “(signed) HELEN VARDON.

  “Maidstone, Kent.

  “21st April, 1908.”

  I read the draft through carefully, noting that it was not only quite simple and lucid, but that it embodied the terms of our agreement with scrupulous fairness and took over my father’s liabilities without any limit as to time; then I dipped the pen in the ink and made a fair copy on the blank sheet which I signed, and laid on the corner of the desk.

  By the time I had finished my copy, Mr. Otway had completed the first of the documents, which he now handed to me; and as I read it, he took up the paper that I had written, and, having glanced through it, placed it in a drawer and began once more to write. The paper that he had given to me was in the form of a letter, and read thus:

  “Dear Miss Vardon,

  “At your request I put on record the terms of the arrangement which has been made between us today, and which are:

  “i. That in consideration of my taking over your father’s liabilities in respect of the Collis-Hardy Estate, you agree to marry me within fourteen days of this present date.

  “2. That on the completion of the marriage ceremony, or at such time thereafter as you may decide upon, I shall pay into your father’s bank the sum of five thousand pounds, or, if he prefers it, give him a full discharge of all liabilities in respect of the Collis-Hardy Estate aforesaid.

  “3. Provided that if at any time prior to the said marriage your father shall discharge the said liabilities, or any circumstances shall arise by which the said payment or discharge by me shall become unnecessary, then the agreement between you and me which is herein recorded shall become void, and neither of us, the contracting parties, shall have any claim upon the other.

  “I am, dear Miss Vardon,

  “Your obedient servant,

  “LEWIS OTWAY.

  “Maidstone, Kent.

  “2 April, 1908.”

  Mr Otway glanced up from his desk as I folded the paper and bestowed it in my purse, and asked: “Will that do? I think it covers the terms of our arrangement.”

  “Thank you,” I answered; “it will do quite well.”

  He made no rejoinder, but went on with the letter that he was writing; and meanwhile I sat and watched him, with a strong distaste of his appearance, dimly wondering at this strange interview and at my own curious self-possession and mental alertness. But behind these hazy reflections was a background of haunting terror that had never quite faded even when I was putting the utmost strain upon my wits; terror lest all this bargaining should be useless after all; lest I should arrive home to find that my help had come too late.

  These disquieting thoughts were presently interrupted by Mr. Otway, who, laying down his pen and swinging round in his revolving chair, took up the letter that he had just written.

  “This is what I have said to your father, Miss Vardon. I think it will make his mind quite eas
y for the present, which is all we want.

  “‘Dear Vardon,

  “‘Since my talk with you this afternoon, I have been thinking over matters and considering whether it is not possible to give you more time. On looking into the affairs of the trust more closely, I think it can be done; in fact, I am sure it can, with some careful management on my part. So you may take it from me that the demand, which I felt compelled to make, is withdrawn for the time being. When you are in a position to surrender the money, you had better notify me; and in the meantime you have my assurance that no further demand will be made without reasonable notice.

  “‘I hope this will relieve your natural anxiety, concerning which I have been a little uncomfortable since I left you.

  “‘The Beeches.

  “2 April, 1908.’

  “Yours sincerely,

  “‘LEWIS OTWAY.”

  He handed me the letter when he had finished reading, and I glanced through it quickly before returning it to him.

  “I think that ought to relieve him of all anxiety,” said he.

  “Yes,” I answered. “It will do admirably. And if you will kindly seal it and let me have it, I will go at once and drop it in the letter-box. It is most important that it should be in his hands as soon as possible.”

  “Quite so,” he agreed; “and I won’t detain you further excepting to point out that, by giving you this letter, I am putting myself entirely in your hands. You will observe that this amounts to a surrender of my claim on your father for the time being. He will, of course, keep the letter, and could produce it in answer to any sudden demand for the restitution of the money. So I am really carrying out my part of the agreement in advance.”

  “Yes, I see that,” I replied, “and I thank you most sincerely; but,” I added, rising and holding out my hand for the letter, “you have my solemn promise to carry out my part. If you were better acquainted with me, you would consider that enough.”

  “But I do, Miss Vardon,” he rejoined, hastily; “I do. If I did not trust you implicitly, I should not have written this letter. However, I mustn’t delay you. I will make all the necessary arrangements and let you know when everything is ready. Will next Thursday be too soon?”