by Henry Cecil
‘Quite frankly – I don’t, but one can never be sure till it’s happened.’
‘No,’ said the solicitor even more gloomily. ‘There’s nothing for it. I shall have to lend you ten pounds. It goes against the grain, but I shall have to. I wouldn’t do it for you, Frank, but I’ve always had a soft spot for Sheila. So there we are. Thank you very much all the same, Mr Thursby. Sorry we shan’t have the pleasure of seeing you at the County Court.’
‘I’m afraid I don’t quite understand,’ said Roger.
He was quite prepared for anyone to withdraw instructions from him at any time, but in the first place he couldn’t think what he had done to merit it yet, and secondly the solicitor’s attitude was quite friendly. He was completely out of his depth.
‘No alternative,’ said Mr Trent.
‘But ten pounds isn’t any good,’ said Roger. ‘He’ll need forty pounds and possibly some costs as well.’
‘We’ll just have to go bankrupt.’
Roger thought for a moment.
‘But,’ he said rather tentatively, ‘don’t you have to owe fifty pounds in order to go bankrupt?’
‘Quite so,’ said Mr Trent. ‘Our friend only owes forty pounds. Quite correct. It costs ten pounds to go bankrupt. I lend him ten pounds. He then owes fifty pounds and has the funds necessary to enable him to go bankrupt.’
‘Anyway,’ said Mr Starling, ‘I could rustle up some other debts if you really want them. I didn’t know they’d be a help.’
‘Will you excuse me a moment?’ said Roger.
He left the room and went hurriedly to Henry.
‘Look, Henry. Can you tell me something in a hurry?’
He then stated what had happened.
‘Well, is that all right?’ he asked. ‘Will it work? What happens about the judgment summons if he goes bankrupt?’
‘Yes, that’s quite OK,’ said Henry. ‘Once a receiving order in bankruptcy is made against a man that’s the end of the judgment summons. Incidentally he does not need to owe £50. Anyone who’s unable to pay his debts, whatever they are, can file his own bankruptcy petition. But he does need £10 to do it.’
‘And anyone can avoid going to prison under a judgment summons by going bankrupt?’
‘Quite correct,’ said Henry.
‘Then why doesn’t everyone do that?’
‘Several reasons. Some people can’t raise the ten pounds to go bankrupt.’
‘So that a man with ten pounds can avoid going to prison and a man without can’t?’
‘Right again. Then people who are in business on their own account, or have furniture or property of their own, don’t want to go bankrupt as it means the end of their business and the selling up of their property.’
‘But if you’re in a job and haven’t any property, there isn’t any snag about it?’
‘Not normally, unless you don’t like the stigma of bankruptcy.’
‘I’d prefer the stigma of bankruptcy to that of jail.’
‘I quite agree,’ said Henry. ‘Of course quite a number of judgment debtors don’t go bankrupt because they don’t know that they can get out of their difficulties that way. But I gather your client does, now.’
Roger thanked Henry and went hurriedly back to his clients. ‘I’m so sorry to have left you. I just went to make sure that there are no snags about Mr Trent’s suggestion. I gather you’ve got a job, Mr Starling?’
‘That’s right. It’s called a job, but between you and me, old boy, it’s grossly underpaid.’
‘And your furniture’s all on hire purchase. Well, then, Mr Trent’s idea seems an excellent one provided you don’t mind the stigma of bankruptcy.’
‘What’s that?’ said Mrs Starling.
‘The stigma,’ repeated Roger.
‘Hold everything,’ said Mrs Starling. ‘Could we use your telephone?’
‘Why, certainly,’ said Roger, puzzled.
‘What is it, old girl?’ said Mr Starling.
‘“The Stigma.” It’s running in the 3.30. We’ve just got time.’
‘Good show,’ said Mr Starling. ‘Gosh – wouldn’t we have been wild if we’d missed that? Could I use the phone, old boy? Won’t be a jiffy. How much, old girl, d’you think? Half a quid each way?’
‘Make it a quid, sweetheart,’ said Mrs Starling. ‘Then we’ll have the doings to go to Lingfield.’
‘OK,’ said Mr Starling. ‘Which way do I go?’ Roger showed him, and came back to his room whilst Mr Starling was making his investment.
‘That’s two pounds you’ve put on, is it?’ he asked Mrs Starling.
‘Yes,’ she said. ‘Wish I could have made it a fiver. You don’t have things like that happening every day. It’s bound to win.’
‘D’you know anything about the horse?’
‘Anything about it?’ said Mrs Starling. ‘What more d’you want? With a name like that it couldn’t lose.’
Suddenly Mr Starling dashed in, almost like Mr Grimes. ‘Look, old girl,’ he said, ‘there’s an apprentice called Thursby riding it. Dare we risk a fiver?’
‘Gosh, yes,’ said his wife.
‘OK, old girl.’
And Mr Starling rushed back to the telephone.
‘That’s a bit of luck,’ said Mrs Starling. ‘You haven’t a paper, I suppose?’
‘I’ve a Times,’ said Roger.
‘Thanks awfully.’
She looked for the sporting page.
‘It’s in the twenty-to-one others. That’ll mean one hundred and twenty-five pounds. How many runners are there? One, two, three, four–’ she went on counting up to seventeen.
‘Gosh, I wonder if he ought to do it on the tote. Some of it anyway. They might pay a hundred to one. Would you excuse me?’
She rushed to the door and almost collided with her husband coming back.
‘Did you do any on the tote?’ she asked excitedly. ‘It’s in the twenty-to-one others.’
‘Relax, old girl,’ said Mr Starling. ‘Three quid each way on the tote. Two at SP. OK?’
For answer, Mrs Starling kissed him.
‘Oh, darling, I’m so happy. We’ll celebrate tonight. Who’d have thought it? “The Stigma” with Thursby up.’
‘And he gets a seven-pound allowance, old girl.’
‘Can he get down to the weight?’
She took The Times and looked at the sporting page again.
‘Yes – easily. It’s in the bag.’
‘Please forgive me, Mr Thursby. I don’t suppose you understand this sort of thing. It means a great deal to us.’
‘As far as I can see,’ said Roger, feeling much older than twenty-one, ‘you’ve just backed a horse and stand to lose ten pounds, a sum which you’re about to borrow from Mr Trent in order to go bankrupt.’
‘Old boy,’ said Mr Starling, ‘it does sound a trifle odd put that way, but Fergie understands. We put him on a good thing once. I say, old girl, you didn’t happen to see if there’s anything to double it with, did you? Quick, let’s have a look.’
He took The Times from her, and started reading out the names of horses.
‘My godfathers,’ he shouted, ‘excuse me. “Jolly Roger” in the 4.30. I’ll see if I can get a half-quid each way double. Forgive me, old boy, I saw the name on the brief. Won’t be a jiffy.’
He rushed out of the door and nearly crashed into Mr Grimes, who was about to make a telephone call from the clerks’ room.
‘So sorry, old boy,’ said Mr Starling. ‘Terribly urgent.’ And took the receiver away from him.
Mr Grimes said nothing. For once he could not think of anything to say. Mr Starling might be a solicitor for aught he knew.
‘Hullo, hullo–’ said Mr Starling frantically. ‘Is that Vulgans? This is Frank Starling – Boozer. Are they off for the 3.30 yet? Oh, they are – damn – oh, well, can I hold for the result? Thanks so much.’ He turned to Mr Grimes.
‘Damned shame, old man,’ he said. ‘They’re off.’
�
�Dear, dear, dear,’ said Mr Grimes.
‘Well, we’ll get the result first anyway,’ went on Mr Starling. ‘Then we can put half the winnings on the next, can’t we, old boy? That’s better really than a double. Make sure we have a fat win, anyway. Not much in your line I gather, old man?’
‘Oh, well, my dear fellow,’ said Mr Grimes, ‘it keeps the telephone operator busy, if nothing else.’
‘I’m terribly sorry, old boy – what’s that, what? Who between? It’s a photo finish. Who? But of course you can say. No – that’s too ridiculous. Excuse me a moment, old man. Don’t hang up.’
Mr Starling rushed back to the pupils’ room.
‘It’s a photo finish,’ he announced excitedly.
‘Who between?’ asked his wife.
‘Wouldn’t say.’
‘But that’s absurd. They’ll always tell you if you ask them. Excuse me.’
‘You ask them, old girl.’
Mr and Mrs Starling rushed out of the room to the telephone in time to hear the last of Mr Grimes’ remarks to Alec.
‘I don’t know what we’re coming to, I really don’t.’
Meantime Roger looked at the solicitor whose expression had hardly changed and who sat still, looking mournful.
‘Odd,’ said Roger, ‘very odd.’
‘Not when you’ve known them as long as I have,’ said Mr Trent. ‘They’d gamble their souls away if anyone would lay the odds. I’ll bet – now look what they’ve got me doing. Until I met Frank I didn’t know one end of a racehorse from the other. And now I can even understand the sporting edition of the evening papers. I actually read the stop press – to see how much they’ve lost.’
At that moment the door burst open and Mr and Mrs Starling rushed into the room.
‘We’ve won, we’ve won, we’ve won,’ they shouted, and proceeded to dance together round the room.
‘“The Stigma” with Thursby up,’ they shouted. ‘Good old “Stigma,” good old Thursby. Here, where’s that silly piece of blue paper?’
He picked up the judgment summons which had been in front of Roger and tore it into small pieces.
The solicitor appeared quite unmoved.
‘I’m glad they’ve won, anyway,’ Roger said to him. Mr and Mrs Starling were too occupied in making frenzied calculations on Roger’s Times to be spoken to. ‘Aren’t you?’ he added.
‘If you’d seen this happen as often as I have,’ said Mr Trent, ‘you wouldn’t move a muscle. They’ll spend it all in a week and then we’ll be back where we started. Still, it’s saved me ten pounds for the moment. But only for the moment,’ he added sadly.
Mr and Mrs Starling continued with their calculations for a little time and then started to make suggestions to Roger for every kind of celebration. After just over a quarter of an hour of this Mr Starling suddenly said: ‘Ought to be able to get the tote prices now, old girl. Would you excuse me?’ He went out to telephone again. Meanwhile, Roger started looking at the sporting page of The Times. He glanced idly at the information about the meeting. A few minutes later the door opened slowly and a very dejected Mr Starling walked in. As soon as his wife saw him, she knew.
‘What’s happened, sweetheart?’ she said anxiously. ‘Objection?’
‘Yes, confound it,’ said her husband. ‘By the stewards. Upheld. Upheld, now I ask you.’
‘That’s extraordinary,’ said Roger. ‘D’you know, I’ve just happened to see that the senior steward’s name is Perkins.’
‘Don’t see anything funny in that, old man,’ said Mr Starling gloomily.
‘Well,’ said Mr Trent, ‘I said it was only for the moment.’
He looked at his watch.
‘Now we’ve missed the Bankruptcy Court. Never mind, we can do that tomorrow.’
Sadly Mr and Mrs Starling and their solicitor left Roger. When they had gone, Roger said to Henry that he thought Judge Perkins must be quite a good judge.
Chapter Twenty-Five
The End of the Beginning
By the time Roger had almost finished his pupillage he had certainly acquired a good deal of knowledge and experience and his confidence was correspondingly increased. He had earned the magnificent sum of sixty guineas. (It had, of course, cost his mother one hundred and ten guineas to enable him to do so.) He had opened his mouth sufficiently often in Court that he had long since ceased to hear his voice echoing above him. Although he still felt intensely nervous when left, or about to be left, by Mr Grimes to do part of a case in the High Court and although, as Henry had prophesied, he was still quite unfit to conduct a whole case there, he was in a very different condition from that in which he had started. He had learned a great deal from Mr Grimes and almost as much from Henry.
In a Magistrate’s Court or a County Court he started to feel fairly comfortable and, although likely to be defeated there by more experienced advocates, he did not make nearly as many mistakes as most beginners make. He had taken Henry’s and Charles’ experiences to heart. A few days before his time was up Henry said to him: ‘I’m sure that Grimeyboy will ask you to stay on here, if you want to. You’re going to be very useful to him.’
‘D’you really think so?’
‘I’ve no doubt about it. There’s another side to the question, though. How useful will he be to you? Well, you’ll get a lot of experience and plenty of work. But unfortunately all his work is in the High Court and what you want is somewhere where there’s plenty of smaller stuff about. Alec, no doubt, would do his best for you, but to get a County Court practice going in chambers where there isn’t any small work is a pretty tough proposition. I think you’d do it in the end, but it’ll be slow.’
‘Then, what’s your suggestion?’
‘Well,’ said Henry, ‘something phenomenal has happened. I’m going to move.’
‘You?’
‘Yes. I’ve suddenly decided to try and do a bit more work. Sally’s behind it, of course. I don’t suppose it will last long. But she’s persuaded me I ought to get out of this rut.’
‘Where are you going?’
‘Well, I know Mountview pretty well and his chambers are simply bursting with work. He said he’d like to have me there if I’d come. And I’m going.’
‘I shall miss you,’ said Roger. ‘Can I come across and ask you anything when I want to?’
‘You can come across altogether, if you want.’
‘Move with you, d’you mean?’
‘I do. I suppose you’ll ask me what I advise. Well–’ began Henry.
‘I’m not going to do anything of the sort. If that’s a firm offer, I’ll accept. I know a good thing when I see it, even at my stage.’
He thought for a moment.
‘It is good of you,’ he added. ‘D’you think Grimeyboy will mind?’
‘Grimeyboy never minds anything,’ said Henry. ‘He takes everything as it comes. He’s always been the same and always will be. Dear, dear, dear. I don’t know what things are coming to. They will do these things, my dear fellow, they will do these things.’
On the day on which his pupillage ended, Roger and Henry and Sally dined together. Roger was in high spirits.
‘I don’t know where I should be but for you two,’ he said. ‘Floating in the Thames, I should imagine, if I hadn’t been picked up by now. D’you know I actually addressed the LCJ the other day?’
‘What did you say?’ asked Sally.
‘Well,’ said Roger, ‘as a matter of fact it was – “if your Lordship pleases.”’
‘I hope he took it well,’ said Henry.
‘He said, “So be it,”’ said Roger. ‘I thought that was very decent of him. Now let’s have a drink. And what shall we drink to? The future? Everyone’s future, that is. I know what I want mine to be.’
‘And I know mine,’ said Henry.
‘Me, too,’ said Sally.
‘I wonder,’ said Roger, ‘whether any of us will get what we want.’
‘We shall see, my dear fellow, we shall see
,’ said Henry.
‘Mr Tewkesbury’ Series
(in order of first publication)
These titles can be read as a series, or randomly as standalone novels
1. The Painswick Line 1951
2. Much in Evidence alt: The Long Arm 1957
3. Settled Out of Court 1959
‘Roger Thursby’ Series
(in order of first publication)
These titles can be read as a series, or randomly as standalone novels
1. Brothers In Law 1955
2. Friends At Court 1956
3. Sober As A Judge 1958
‘Colonel Brain’ Series
(in order of first publication)
These titles can be read as a series, or randomly as standalone novels
1. No Bail For The Judge 1952
2. Natural Causes 1953
3. According To The Evidence 1954
4. Independent Witness 1963
Further Novels
(in order of first publication)
These titles can be read as a series, or randomly as standalone novels
1. Ways And Means 1952
2. Alibi For A Judge 1960
3. Daughters In Law 1961
4. Unlawful Occasions 1962
5. Fathers In Law alt: A Child Divided 1965
6. The Asking Price 1966
7. A Woman Named Anne 1967
8. No Fear Or Favour alt: The Blackmailers 1968
9. Tell You What I’ll Do 1969
10. Juror In Waiting 1970
11. The Buttercup Spell 1971
12. The Wanted Man 1972
13. Truth With Her Boots On 1974
14. Cross Purposes 1976
15. Hunt The Slipper 1977
Collections
(in order of first publication)
1. Full Circle 1948
2. Portrait Of A Judge 1964
3. Brief Tales From The Bench 1968
Synopses of Cecil Titles
Published by House of Stratus
According to The Evidence
Alec Morland is on trial for murder. He has tried to remedy the ineffectiveness of the law by taking matters into his own hands. Unfortunately for him, his alleged crime was not committed in immediate defence of others or of himself. In this fascinating murder trial you will not find out until the very end just how the law will interpret his actions. Will his defence be accepted or does a different fate await him?
