Berry and Co Part 38

"If you want to be there," I said, "to see us go down, you'll have to have a pretty quick lunch."

We joined the others to find them in a state of profound despondency. My companion was immediately recognized by my sister and Jill, but, to my relief, Berry and Jonah were not quite so quick in the uptake.

"Came to hear our case," I explained, "and got swep' into the Court of Criminal Appeal."

"Talk as you eat," said Berry. "Converse and masticate simultaneously.

You know. Like you used to do before you knew me. What's Tristram got to say?"

I swallowed a piece of salmon before replying.

"Frankly pessimistic," I said.

Berry raised his eyes to heaven and ground his teeth. A hard look came upon Jonah's face.

"And we've got to sit there and watch that liar laugh in his sleeve," he said bitterly.

"And pay his costs as well as our own," said I. "Jolly, isn't it?"

Daphne touched me upon the arm, and I looked up She was very pale.

"D'you think it's hopeless?"

"I think, darling, we're up against it. And--and I'm terribly afraid."

"I see," she whispered. "Need Jill and I go back?"

"Jill needn't, but you must, dear. You're a witness."

As I spoke, I shot a glance at my cousin. The latter was unburdening her soul to Madge Lacey, the quondam bridesmaid, and, to judge from such fragments of the load as reached my ears, uttering sufficient slander regarding Mr. Douglas Bladder to maintain another dozen actions at law.

As some cold tongue was set before me--

"Every thing was going so well," said Daphne miserably. "I thought Berry was splendid."

"He was," said I, sousing my brandy with soda. "So were you, sweetheart.

n.o.body could have done more. And they don't disbelieve you and Jonah.

They just think you've made a mistake."

She nodded dully.

"I don't blame them," she said slowly. "That man is so terribly clever.

His whole att.i.tude----"

A cry from Jill interrupted her.

"Daphne! Boy! She saw the car! On the way to the wedding. It nearly ran into her too. And n.o.bby running after it."

"_What?_"

Four mouths--three empty and one full of tongue--framed the interrogative simultaneously.

"Mother and Dad and I," announced Miss Lacey, bubbling, "were driving to the wedding. As we turned out of Long Lane into the Buckler Road, a great green car went by like a flash of lightning. Fortunately we were on the other side, or we'd have been smashed up. And, miles behind, there was a little white dog running the same way. I saw him, because I was back to the engine. Of course we were going much faster than him, and I soon lost sight of him."

n.o.bby!

Berry was the first to recover.

"Thank Heaven I dragged him in." He glanced at his watch. "Counsel must know this at once. Come on. Never mind the bill: we can settle later."

No one who was that afternoon lunching at the _Savoy_ will ever forget our eruption from the restaurant. The girls actually ran. Berry, Jonah, and I, pursued by frantic waiters, thrust in their wake, taking the carpeted steps three at a time, and generally evincing such symptoms of nervous excitement as are seldom seen save upon the screen of a cinematograph. Indeed, our departure would have done credit to any stage manager, and I firmly believe that the majority of the guests attributed our behaviour to the ingenious brain of a manufacturer of films.

Five minutes later we panted up the steep steps into the corridor which led to our Court. As luck would have it, our solicitor was in the act of pushing open the swing-doors.

I caught him by the arm and breathed into his ear.

"Important new evidence. Vital. We've got the witness here."

He was a man of few words.

"In there," he said shortly, pointing to a consulting room. "I'll get counsel."

We trooped into the apartment and shut the door.

In silence we waited for what seemed a century. Then there were hasty steps, the door opened, and the K.C., followed by his junior and the attorney, entered the room.

Briefly Berry related the story which Miss Lacey could tell.

"This is the lady," he concluded. "I know our case is closed, but surely she can be called?"

We hung upon the reply.

"Can she speak to the number?"

"No. But in corroboration----"

"My dear Major Pleydell," said Tristram, "you need no corroboration. The jury believe you. They believe you were smashed up. They believe it was done by a green touring car. The devil of it is, they believe the defendant too. And so they come to the very natural conclusion that, between the excitement of the moment and the pace at which the car was travelling, Mrs. Pleydell and Captain Mansel have made a mistake -perhaps only of one figure--in the number they saw. And, unless we can discredit that fellow's story, call evidence to show he _was_ out on that day, or something, I'm very much afraid we shall go down. His counsel Is certain to ask for the benefit of the doubt, and they'll give it him."

I never remember feeling so disappointed.

I think we all felt the weight of his words, but our collapse was pitiful. Lured by a treacherous hope into the belief that we were saved, we were fallen into a deeper Slough of Despond than before. Jill was hard put to it to restrain her tears....

Listlessly we followed our advisers into Court, and a moment later the Judge took his seat.

One or two applications, which did not concern our case, were made. Then leading counsel for the defence rose to his feet and called his next witness--

"Walter Dale."

At the sound of the name I started violently. Then, open-mouthed and trembling with excitement, I twisted myself round to get a glimpse of the witness as he approached the box. Could it be possible that Fate with fiendish irony had selected the ex-trooper whom we had befriended to administer to our case the _coup de grace_? It must be a man of another name. But Dale _was_ a chauffeur....