<h2><SPAN name="XLVIII_THE_BARRISTER" id="XLVIII_THE_BARRISTER"></SPAN>XLVIII. THE BARRISTER</h2>
<p>The New Bailey was crowded with a gay and fashionable throng. It was a
remarkable case of shop-lifting. Aurora Delaine, 19, was charged with
feloniously stealing and conveying certain articles the property of the
Universal Stores, to wit, thirty-five yards of book muslin, ten pairs of
gloves, a sponge, two gimlets, five jars of cold cream, a copy of the
Clergy List, three hat-guards, a mariner's compass, a box of
drawing-pins, an egg-breaker, six blouses, and a cabman's whistle. The
theft had been proved by Albert Jobson, a shopwalker, who gave evidence
to the effect that he followed her through the different departments and
saw her take the things mentioned in the indictment.</p>
<p>"Just a moment," interrupted the Judge. "Who is defending the prisoner?"</p>
<p>There was an unexpected silence. Rupert Carleton, who had dropped idly
into court, looked round in sudden excitement. The poor girl had no
counsel! What if he—yes, he would seize the<span class="pagenum"><SPAN name="Page_364" id="Page_364">[Pg 364]</SPAN></span> chance! He stood up
boldly. "I am, my Lord," he said.</p>
<p>Rupert Carleton was still in the twenties, but he had been a briefless
barrister for some years. Yet, though briefs would not come, he had been
very far from idle. He had stood for Parliament in both the Conservative
and Liberal interests (not to mention his own), he had written
half-a-dozen unproduced plays, and he was engaged to be married. But
success in his own profession had been delayed. Now at last was his
opportunity.</p>
<p>He pulled his wig down firmly over his ears, took out a pair of
<i>pince-nez</i> and rose to cross-examine. It was the cross-examination
which was to make him famous, the cross-examination which is now given
as a model in every legal text-book.</p>
<p>"Mr. Jobson," he began suavely, "you say that you saw the accused steal
these various articles, and that they were afterwards found upon her?"</p>
<p>"Yes."</p>
<p>"I put it to you," said Rupert, and waited intently for the answer,
"that that is a pure invention on your part?"</p>
<p>"No."</p>
<p>With a superhuman effort Rupert hid his dis<span class="pagenum"><SPAN name="Page_365" id="Page_365">[Pg 365]</SPAN></span>appointment. Unexpected as
the answer was, he preserved his impassivity.</p>
<p>"I suggest," he tried again, "that you followed her about and concealed
this collection of things in her cloak with a view to advertising your
winter sale?"</p>
<p>"No. I saw her steal them."</p>
<p>Rupert frowned; the man seemed impervious to the simplest suggestion.
With masterly decision he tapped his <i>pince-nez</i> and fell back upon his
third line of defence. "You saw her steal them? What you mean is that
you saw her take them from the different counters and put them in her
bag?"</p>
<p>"Yes."</p>
<p>"With the intention of paying for them in the ordinary way?"</p>
<p>"No."</p>
<p>"Please be very careful. You said in your evidence that prisoner when
told she would be charged, cried, 'To think that I should have come to
this! Will no one save me?' I suggest that she went up to you with her
collection of purchases, pulled out her purse, and said, 'What does all
this come to? I can't get any one to serve me.'"</p>
<p>"No."<span class="pagenum"><SPAN name="Page_366" id="Page_366">[Pg 366]</SPAN></span></p>
<p>The obstinacy of some people! Rupert put back his <i>pince-nez</i> in his
pocket and brought out another pair. The historic cross-examination
continued.</p>
<p>"We will let that pass for the moment," he said. He consulted a blank
sheet of paper and then looked sternly at Mr. Jobson. "Mr. Jobson, how
many times have you been married?"</p>
<p>"Once."</p>
<p>"Quite so." He hesitated and then decided to risk it. "I suggest that
your wife left you?"</p>
<p>"Yes."</p>
<p>It was a long shot, but once again the bold course had paid. Rupert
heaved a sigh of relief.</p>
<p>"Will you tell the gentlemen of the jury," he said with deadly
politeness, "<i>why</i> she left you."</p>
<p>"She died."</p>
<p>A lesser man might have been embarrassed, but Rupert's iron nerve did
not fail him.</p>
<p>"Exactly!" he said. "And was that or was that not on the night when you
were turned out of the Hampstead Parliament for intoxication?"</p>
<p>"I never was."</p>
<p>"Indeed? Will you cast your mind back to the night of April 24th, 1897?
What were you doing on that night?"<span class="pagenum"><SPAN name="Page_367" id="Page_367">[Pg 367]</SPAN></span></p>
<p>"I have no idea," said Jobson, after casting his mind back and waiting
in vain for some result.</p>
<p>"In that case you cannot swear that you were not being turned out of the
Hampstead Parliament——"</p>
<p>"But I never belonged to it."</p>
<p>Rupert leaped at the damaging admission.</p>
<p>"What? You told the Court you lived at Hampstead, and yet you say that
you never belonged to the Hampstead Parliament? Is <i>that</i> your idea of
patriotism?"</p>
<p>"I said I lived at Hackney."</p>
<p>"To the Hackney Parliament, I should say. I am suggesting that you were
turned out of the Hackney Parliament——"</p>
<p>"I don't belong to that either."</p>
<p>"Exactly!" said Rupert triumphantly. "Having been turned out for
intoxication?"</p>
<p>"And never did belong."</p>
<p>"Indeed? May I take it then that you prefer to spend your evenings in
the public-house?"</p>
<p>"If you want to know," said Jobson angrily, "I belong to the Hackney
Chess Circle, and that takes up most of my evenings."</p>
<p>Rupert gave a sigh of satisfaction and turned to the jury.<span class="pagenum"><SPAN name="Page_368" id="Page_368">[Pg 368]</SPAN></span></p>
<p>"<i>At last</i>, gentlemen, we have got it. I thought we should arrive at the
truth in the end, in spite of Mr. Jobson's prevarications." He turned to
the witness. "Now, Sir," he said sternly, "you have already told the
Court that you have no idea what you were doing on the night of April
24th, 1897. I put it to you once more that this blankness of memory is
due to the fact that you were in a state of intoxication on the premises
of the Hackney Chess Circle. Can you swear on your oath that this is not
so?"</p>
<p>A murmur of admiration for the relentless way in which the truth had
been tracked down ran through the Court. Rupert drew himself up and put
on both pairs of <i>pince-nez</i> at once.</p>
<p>"Come, Sir!" he said; "the jury is waiting."</p>
<p>But it was not Albert Jobson who answered. It was the counsel for the
prosecution. "My lord," he said, getting up slowly, "this has come as a
complete surprise to me. In the circumstances I must advise my clients
to withdraw from the case."</p>
<p>"A very proper decision," said his lordship. "The prisoner is discharged
without a stain on her character."</p>
<hr style='width: 45%;' />
<p>Briefs poured in upon Rupert next day, and<span class="pagenum"><SPAN name="Page_369" id="Page_369">[Pg 369]</SPAN></span> he was engaged for all the
big Chancery cases. Within a week his six plays were accepted, and
within a fortnight he had entered Parliament as the miners' Member for
Coalville. His marriage took place at the end of a month. The wedding
presents were even more numerous and costly than usual, and included
thirty-five yards of book-muslin, ten pairs of gloves, a sponge, two
gimlets, five jars of cold cream, a copy of the Clergy List, three hat
guards, a mariner's compass, a box of drawing-pins, an egg-breaker, six
blouses, and a cabman's whistle. They were marked quite simply, "From a
grateful friend."<span class="pagenum"><SPAN name="Page_370" id="Page_370">[Pg 370]</SPAN></span></p>
<hr style="width: 65%;" />
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