Bagley, Desmond - The Snow Tiger

by The Snow Tiger

  Crowell licked his lips nervously, and coughed. 'Henry James Crowell.'

  'And your occupation, Mr Crowell?'

  'I'm the chairman of several companies, including the Hukahoronui Mining Company.'

  Harrison said, 'Do you hold shares in that company?'

  'I have a minority holding, yes.'

  'Mr Ballard was the managing director of that company, was he not?'

  'Yes.'

  'What were his responsibilities?'

  Crowell frowned. 'I don't understand the question.'

  'Come, Mr Crowell. Surely Mr Ballard had duties which were defined.'

  'Of course, sir. He had the normal duties of a managing director -- to see to the total interests of the company under the guidance of the board of directors.'

  'Which was headed by yourself.'

  'That is correct.'

  'You have been listening to evidence relating to a telephone call which you made to Mr Ballard. Did you, in fact, make that call?'

  'Yes.'

  'Why?'

  'I had been away from home and arrived back late on the Saturday night. My secretary had left a list of messages from Mr Ballard In (lie effect that I should contact him. From the number and tenor of these messages I judged the matter to be urgent, so I telephoned him immediately.'

  'And what did he say?'

  'He said something about an avalanche. I didn't quite understand -- he was very indistinct.'

  'Didn't you ask him to explain further?'

  'Yes.' Crowell's hands twitched. 'There was a lot of noise going on at his end -- music and so forth. He wasn't very coherent.'

  Harrison regarded him thoughtfully, and then moved his eyes sideways. 'Yes, Mr Smithers?'

  'Can the witness state whether or not Mr Ballard asked him to contact the Ministry of Civil Defence to warn them of impending danger at Hukahoronui?'

  Harrison's eyes returned to Crowell who wriggled in his seat. 'He did say something along those lines, but there was a lot of noise on the line. A lot of shouting and screaming.' He paused. 'Then I was cut off.'

  'What did you do then?' asked Harrison.

  'I talked it over with my wife.'

  A ripple of amusement passed over the hall. Harrison knocked sharply with his gavel. 'Did you contact the Ministry of Civil Defence?'

  Crowell hesitated. 'No, sir.'

  'Why not?'

  'I thought it was some sort of practical joke. With that music and uproar on the line ... well, I thought...' His voice tailed away.

  'You thought Mr Ballard was joking?' queried Harrison.

  Both Lyall and Rickman had their hands up. Harrison picked Rickman and nodded. 'Did you think Mr Ballard was drunk?' asked Rickman. Lyall grinned and hauled down his hand.

  'I did.'

  'When you said that Mr Ballard was incoherent that was what you meant, wasn't it?'

  'Yes,' said Crowell. He smiled gratefully at Rickman.

  'You must not lead the witness,' said Harrison mildly.

  'I'm sorry, Mr Chairman.' Rickman smiled encouragingly at Crowell. 'Who appointed Mr Ballard as managing director?'

  'The instruction came from London -- from a majority shareholder.'

  'You had nothing to do with his appointment, then. Could we say that Mr Ballard was foisted upon you?'

  'As a minority shareholder I didn't have much say in the matter.'

  'If you had had a say in the matter whom would you have picked as managing director?'

  'Mr Dobbs, who was mine manager.'

  'And who is now dead.'

  Crowell bowed his head and said nothing.

  'That is all,' said Rickman.

  'What did you think of Mr Ballard when you first met him?' asked Harrison.

  Crowell shrugged. 'I thought he was a personable enough young man perhaps a little too young for the job.'

  'Did you suspect him of any proclivities towards drunkenness or practical joking?'

  'They did not present themselves -- then.'

  'But they did eventually? When?'

  'On that evening, Mr Chairman.'

  Harrison sighed, exasperated at Crowell's woolymindedness. 'But we have heard evidence that Mr Ballard was neither drunk nor playing a practical joke. Why should you not believe what he said on that occasion?'

  Crowell shook his head unhappily and looked towards Rickman, whose head was down as he busily scanned a sheet of paper. 'I don't know -- it was just that it sounded that way.'

  'It has been suggested that Mr Ballard was "foisted" upon you.' Harrison uttered the word as though it had a nasty taste. 'Upon his appointment, did you make any complaint of any kind -- to anyone?'

  'No.'

  Harrison shook his head slowly as he regarded this most unsatisfactory witness. 'Very well. I have no further questions.' He looked down from the rostrum.

  'Yes, Mr Ballard?'

  'I would like to ask some questions.'

  'I see that you still have no legal representation. Do you think that wise? You must have heard the saying that the man who argues his own case has a fool for a lawyer.'

  Ballard smiled. 'That may hold good in a law court, but, Mr Chairman, you have repeatedly said that this is not a court of law. I think I am quite capable of asking my own questions.'

  Harrison nodded. 'Very well, Mr Ballard.'

  Ballard looked at Crowell. 'Mr Crowell, two weeks after the disaster the board suspended me from my duties. Why?'

  Rickman's hand shot up. 'Objection'. What happened two weeks after the incident does not come within the scope of this inquiry.'

  'Mr Rickman has a point,' said Harrison. 'I cannot really see that this in helpful.'

  Ballard stood up. 'May I argue the point?'

  'Certainly.'

  Ballard picked up a notepad. 'I took notes of your remarks when this inquiry began. You ruled that evidence given here may not be used in a future civil action. It seems to me that this inquiry may be the only public hearing possible.'

  He turned a page. 'On the second day Dr McGill said that the death-roll in the disaster was higher than need be. You overruled an objection to that on the grounds that this is not a court of law and the procedure is at your sole discretion.'

  He looked up. 'Mr Chairman, this inquiry is being widely reported In the press, not only in New Zealand but also in the United Kingdom. Regardless of your findings, the public is going to blame someone for those unnecessary deaths. Now, certain imputations have been made about my character, my drinking habits and a sup-posed propensity for practical joking which, in my own interests, I cannot allow to pass unchallenged. I ask to be allowed to question Mr Crowell about these matters, and the fact that I was suspended from my duties a fortnight after the disaster certainly seems to me to be a legitimate reason for inquiry.'

  Harrison conferred briefly with his two assessors, then said, 'It is not the wish of this Commission that a man's reputation be put lightly at stake. You may sit down, Mr Ballard, and continue your questioning of Mr Crowell.'

  Rickman said warningly, 'There may be grounds for appeal here, Mr Chairman.'

  'There may, indeed,' agreed Harrison tranquilly. 'You will find the procedure set out in the Commissions of Inquiry Act. Continue, Mr Ballard.'

  Ballard sat down. 'Why was I suspended from my duties, Mr Crowell?'

  'It was a unanimous decision of the board.'

  'That is not exactly answering my question, but we'll let it pass for the moment. You said in evidence that you had nothing to do with my appointment, that you would rather have chosen another man, and that the instruction came from London. Do you usually take your instructions from London, Mr Crowell?'

  'Of course not.'

  'Then where do you take your instructions from?'

  'Why, from ...' Crowell stopped short. 'I do not take instructions, as you put it. I am chairman of the company.'

  'I see. Do you regard yourself as a sort of dictator?'

  'That is an insulting question.'

  'Maybe y
ou might think so. All the same, I'd like you to answer it.'

  'Of course I'm not a dictator.'

  'You can't have it both ways,' said Ballard. 'Either you take instructions or you do not. Which is it, Mr Crowell?'

  'As chairman I assist the board in making decisions. All decisions are made jointly.'

  'A most democratic process,' commented Ballard. 'But the decision to appoint me as managing director was not made jointly by the board, was it, Mr Crowell?'

  'The decision need not be unanimous,' said Crowell. 'As you have pointed out, this is a democratic process where the majority rules.'

  'But not so democratic as to be a one man, one vote system. Is it not a fact that he who controls most votes controls the company?'

  'That is the usual system.'

  'And you said in evidence that the instruction to appoint me came from a majority shareholder in London. Is that shareholder a member of the board?'

  Crowell twitched nervously. In a low voice he said, 'No, he is not.'

  'Then is it not a fact that your board of directors has no real power and is thus a democratic sham? Is it not a fact that the power to control the company lies elsewhere? In the City of London?'

  'That is a misreading of the situation,' said Crowell sullenly.

  'Let us turn from my appointment to my suspension,' said Ballard. 'Did the instruction to suspend me also come from London?'

  'It may have done.'

  'Surely you know. You are the chairman of the board.'

  'But not concerned with the day to day running of the company.'

  'No,' agreed Ballard. 'That was the function of the managing director. You said so yourself in your evidence. Surely you are not suggesting that I suspended myself?'

  Dan Edwards could not contain himself. There was a loud snigger from the press gallery and Harrison looked up, frowning.

  'You are being ridiculous,' said Crowell.

  Ballard said dryly. 'Any ridiculousness inherent in this situation certainly does not emanate from me. There remains one alternative. Are you suggesting that the suspension of the managing director was a minor bit of day to day business that was beneath your notice as chairman?'

  'Of course not.'

  'Then you will know where the idea of my suspension originated, won't you?'

  'Now I come to think of it, the instruction for your suspension did come from London.'

  'I see. But that again is not an exact answer to the question. Is it not a fact that you communicated with London because the board is a puppet dancing to strings held in the City of London? Is it not a fact that a suggestion was made -- by you -- that the company was in danger of being in bad odour because of evidence to be given at this Inquiry? And is it not a fact that you intimated that I, as a Johnny-come-lately, was an ideal person to shuffle the responsibility on to, and that it was then that the instruction was given -- from London -- that I be suspended?'

  'Objection!' cried Rickman. 'Mr Ballard cannot lead the witness In this way.'

  'I tend to agree,' said Harrison. 'Such a compendium cannot be permitted, Mr Ballard.'

  'I withdraw the question.' Ballard knew, from the rustle in the press gallery, that he had made his point where it mattered. 'I shall return to the telephone conversation between Mr Crowell and myself. When you were cut off, what did you do? Oh yes; you talked It over with your wife, didn't you? What was the substance of that conversation?'

  'I don't remember.' Crowell added irritably, 'It was late at night and we were both very tired.'

  'When you were cut off, did you attempt to replace the call?'

  'No.'

  'No? Why not?'

  'You heard my evidence. I thought you were drunk.'

  'How long did you think I'd been drunk, Mr Crowell?' asked Ballard softly.

  Crowell looked startled and uncomprehending. 'I don't understand the question.'

  'It's quite a simple question. Please answer it.'

  'I didn't give it a thought.'

  Ballard picked up a sheet of paper. 'You said in evidence that your secretary had left a number of messages from me. You also said that you judged, from the number and tenor of those messages, that the matter was urgent. Did you think I'd been drunk all day? The first call I made was at eleven-thirty that morning.'

  'I told you. I didn't give it a thought.'

  'Evidently not. So you did not try to call me back?'

  'No.'

  'And you did not try to communicate with the Ministry of Civil Defence?'

  'No.'

  'As a matter of interest, Mr Crowell, what did you do? After you had discussed it with your wife, I mean.'

  'I went to bed.'

  'You went to bed,' repeated Ballard slowly. 'Thank you, Mr Crowell. That will be all.' He waited until Crowell was rising from the chair and was in a half crouch. 'Oh, there is just one further thing. Did you come forward voluntarily to give evidence here, or were you subpoena'd?'

  'I object,' said Rickman. 'That has nothing to do with anything.'

  'I agree, Mr Rickman,' said Harrison smoothly. 'This Commission need not be instructed that Mr Crowell was subpoena'd -- it already knows.' He ignored the indescribable sound that came from Rickman, and continued blandly, 'And now I think we shall adjourn for lunch.'

  FOURTEEN

  Over lunch, in the restaurant near the Provincial Buildings, McGill said, 'You're doing all right, Ian. You got in some good stuff this morning.'

  Ballard poured a glass of water. 'I didn't think Harrison would let me get away with it.'

  'Get away with it! God, he compounded with you. He ticked you off when he had to, but he didn't stop you. I thought I'd split a gusset when he brought out the bit that Crowell had been subpoena'd. He agreed with Rickman and harpooned him in the same breath.' McGill paused. 'I don't think Harrison likes Crowell.'

  'I don't like him much, myself.'

  'You're not doing yourself much good with your family. That histrionic speech about the company dancing to strings pulled in the city of London won't go down well with your uncles back home. Where did you learn to pull a trick like that?'

  Ballard grinned. 'Watching the Perry Mason Show.' He shrugged. 'It won't make much difference. I've already decided to leave the Ballard Group.'

  'After a speech like that you'll have to. I can't see any Ballard company hiring you now. What will you do?'

  'Haven't made up my mind yet. Something will turn up.' He frowned. 'I keep wondering what Stenning wants.'

  'Do you know him at all?'

  'Not well. The old man relied on him a lot, and I know why. He's a tough old bird, about as ruthless as old Ben was himself. Ben told him what he wanted to do, and Stenning figured out a legal way of doing it. He's as sharp as a tack.'

  'You say he's old -- how old?'

  Ballard reflected. 'He'll be pushing seventy now, I suppose. He was much younger than Ben. One of the bright young men that Ben surrounded himself with in the early years.'

  'An old guy of seventy flying half way across the world,' mused McGill. 'Could be important, Ian.'

  'I can't see how.'

  McGill looked up. 'Here comes someone else who is not doing herself much good with her family.' He stood up. 'Hi, Liz.'

  Liz Peterson put her hand on Ballard's shoulder. 'Don't get up, Ian. Hi, Mike.'

  McGill drew up a chair for her and then sat down. He put out his hand and rubbed Liz's dog behind the ears. 'Hi, Victor; how's the boy?' The Alsatian lolled his tongue and his tail wagged vigorously.

  'I didn't see you at the hearing this morning,' said Ballard.

  'I was there. Wouldn't miss it for anything. It's just that I wasn't sitting with the boys. I don't like Lyall -- he gives me the cold grues. Where's Joe?'

  'Gone back to the hospital. Giving evidence this morning took it out of him.'

  Liz tapped on the table. 'My charming brother, Charlie, manufactures the bullets and Lyall fires them.' She burlesqued Lyall's accent. '"Did Mr Ballard drink heavily that night?
" I damn nearly cheered when Joe fired that right back. It wounded Charlie to the heart.'

  'You're not doing yourself much good with them,' warned Ballard.

  'To hell with both of them,' she said pleasantly. 'I only stuck around because of Johnnie, and now he's dead I'll be leaving Huka. Maybe I'll be leaving New Zealand.'

  'A fine pair you are,' said McGill. 'Don't either of you believe in family ties at all?'

  'Not with that pair,' said Liz. 'I nearly gave Charlie a heart attack just now. I said that if anyone implied that Ian was drunk just once more I'd offer my services as your witness. I said that I can tell well enough when the man I'm dancing with is drunk, and that Ian wasn't but that Charlie certainly was.' She laughed. 'I've never seen a man go red and white at the same time.'

  'I'd be careful, Liz,' said Ballard soberly. 'Charlie can be violent.'

  'Don't I know it! I once had to crown him with a bottle. But I can handle him.'

  McGill smiled satirically. 'So unlike the home life of our own dear Queen,' he observed.

  Ballard said, 'Thanks for the support, Liz. Ever since the avalanche I've been depressed, but now the depression is lifting. I've made a couple of decisions and now the way ahead seems a lot clearer. You've had a lot to do with it.'

  'I bring more than support, sir -- I bring information. Rickman and Lyall are cooking up something together. I was driving past the company office just now when they both came out together, laughing lit to bust.'

  'Watch it, Ian,' warned McGill. 'It'll be a pincer movement.'

  'Thanks, Liz,' said Ballard.

  She looked at her watch. 'I think I'll sit with the boys this afternoon. I might learn something more. See you at the hearing.' She stood up. 'Come on, Victor.'

  As she walked away McGill said, 'The prettiest spy I ever did see.' He finished his coffee and looked around for the waitress. 'We'd better be going, too. By the way, what are these couple of decisions you've made?'

  'You've heard one -- I'm leaving the Ballard Group.'

  'And the other?'

  'I'm getting married,' said Ballard placidly.

  McGill paused, his wallet half way from his breast pocket. 'Well, congratulations. Who's the lucky girl?'