Part 22

JAMES. Exactly; he therefore gave the cheque to Davis. It was cashed by you at 1.15. We know that because the cashier recollects it for the last cheque he handled before his lunch.

FALDER. Yes, sir, Davis gave it to me because some friends were giving him a farewell luncheon.

JAMES. [Puzzled] You accuse Davis, then?

FALDER. I don't know, sir--it's very funny.

WALTER, who has come close to his father, says something to him in a low voice.

JAMES. Davis was not here again after that Saturday, was he?

COKESON. [Anxious to be of assistance to the young man, and seeing faint signs of their all being jolly once more] No, he sailed on the Monday.

JAMES. Was he, Falder?

FALDER. [Very faintly] No, sir.

JAMES. Very well, then, how do you account for the fact that this nought was added to the nine in the counterfoil on or after Tuesday?

COKESON. [Surprised] How's that?

FALDER gives a sort of lurch; he tries to pull himself together, but he has gone all to pieces.

JAMES. [Very grimly] Out, I'm afraid, Cokeson. The cheque-book remained in Mr. Walter's pocket till he came back from Trenton on Tuesday morning. In the face of this, Falder, do you still deny that you altered both cheque and counterfoil?

FALDER. No, sir--no, Mr. How. I did it, sir; I did it.

COKESON. [Succumbing to his feelings] Dear, dear! what a thing to do!

FALDER. I wanted the money so badly, sir. I didn't know what I was doing.

COKESON. However such a thing could have come into your head!

FALDER. [Grasping at the words] I can't think, sir, really! It was just a minute of madness.

JAMES. A long minute, Falder. [Tapping the counterfoil] Four days at least.

FALDER. Sir, I swear I didn't know what I'd done till afterwards, and then I hadn't the pluck. Oh! Sir, look over it! I'll pay the money back--I will, I promise.

JAMES. Go into your room.

FALDER, with a swift imploring look, goes back into his room. There is silence.

JAMES. About as bad a case as there could be.

COKESON. To break the law like that-in here!

WALTER. What's to be done?

JAMES. Nothing for it. Prosecute.

WALTER. It's his first offence.

JAMES. [Shaking his head] I've grave doubts of that. Too neat a piece of swindling altogether.

COKESON. I shouldn't be surprised if he was tempted.

JAMES. Life's one long temptation, Cokeson.

COKESON. Ye-es, but I'm speaking of the flesh and the devil, Mr. James. There was a woman come to see him this morning.

WALTER. The woman we passed as we came in just now. Is it his wife?

COKESON. No, no relation. [Restraining what in jollier circumstances would have been a wink] A married person, though.

WALTER. How do you know?

COKESON. Brought her children. [Scandalised] There they were outside the office.

JAMES. A real bad egg.

WALTER. I should like to give him a chance.

JAMES. I can't forgive him for the sneaky way he went to work-- counting on our suspecting young Davis if the matter came to light. It was the merest accident the cheque-book stayed in your pocket.

WALTER. It must have been the temptation of a moment. He hadn't time.

JAMES. A man doesn't succumb like that in a moment, if he's a clean mind and habits. He's rotten; got the eyes of a man who can't keep his hands off when there's money about.

WALTER. [Dryly] We hadn't noticed that before.

JAMES. [Brushing the remark aside] I've seen lots of those fellows in my time. No doing anything with them except to keep 'em out of harm's way. They've got a blind spat.

WALTER. It's penal servitude.

COKESON. They're nahsty places-prisons.

JAMES. [Hesitating] I don't see how it's possible to spare him. Out of the question to keep him in this office--honesty's the 'sine qua non'.

COKESON. [Hypnotised] Of course it is.

JAMES. Equally out of the question to send him out amongst people who've no knowledge of his character. One must think of society.

WALTER. But to brand him like this?

JAMES. If it had been a straightforward case I'd give him another chance. It's far from that. He has dissolute habits.

COKESON. I didn't say that--extenuating circumstances.

JAMES. Same thing. He's gone to work in the most cold-blooded way to defraud his employers, and cast the blame on an innocent man. If that's not a case for the law to take its course, I don't know what is.

WALTER. For the sake of his future, though.

JAMES. [Sarcastically] According to you, no one would ever prosecute.

WALTER. [Nettled] I hate the idea of it.

COKESON. That's rather 'ex parte', Mr. Walter! We must have protection.

JAMES. This is degenerating into talk.

He moves towards the partners' room.

WALTER. Put yourself in his place, father.

JAMES. You ask too much of me.

WALTER. We can't possibly tell the pressure there was on him.

JAMES. You may depend on it, my boy, if a man is going to do this sort of thing he'll do it, pressure or no pressure; if he isn't nothing'll make him.

WALTER. He'll never do it again.

COKESON. [Fatuously] S'pose I were to have a talk with him. We don't want to be hard on the young man.

JAMES. That'll do, Cokeson. I've made up my mind. [He passes into the partners' room.]

COKESON. [After a doubtful moment] We must excuse your father. I don't want to go against your father; if he thinks it right.

WALTER. Confound it, Cokeson! why don't you back me up? You know you feel----

COKESON. [On his dignity] I really can't say what I feel.

WALTER. We shall regret it.

COKESON. He must have known what he was doing.

WALTER. [Bitterly] "The quality of mercy is not strained."

COKESON. [Looking at him askance] Come, come, Mr. Walter. We must try and see it sensible.

SWEEDLE. [Entering with a tray] Your lunch, sir.

COKESON. Put it down!

While SWEEDLE is putting it down on COKESON's table, the detective, WISTER, enters the outer office, and, finding no one there, comes to the inner doorway. He is a square, medium-sized man, clean-shaved, in a serviceable blue serge suit and strong boots.

COKESON. [Hoarsely] Here! Here! What are we doing?

WISTER. [To WALTER] From Scotland Yard, sir. Detective-Sergeant Blister.

WALTER. [Askance] Very well! I'll speak to my father.

He goes into the partners' room. JAMES enters.

JAMES. Morning! [In answer to an appealing gesture from COKESON] I'm sorry; I'd stop short of this if I felt I could. Open that door. [SWEEDLE, wondering and scared, opens it] Come here, Mr. Falder.

As FALDER comes shrinkingly out, the detective in obedience to a sign from JAMES, slips his hand out and grasps his arm.

FALDER. [Recoiling] Oh! no,--oh! no!

WALTER. Come, come, there's a good lad.

JAMES. I charge him with felony.

FALTER. Oh, sir! There's some one--I did it for her. Let me be till to-morrow.

JAMES motions with his hand. At that sign of hardness, FALDER becomes rigid. Then, turning, he goes out quietly in the detective's grip. JAMES follows, stiff and erect. SWEEDLE, rushing to the door with open mouth, pursues them through the outer office into the corridor. When they have all disappeared COKESON spins completely round and makes a rush for the outer office.

COKESON: [Hoarsely] Here! What are we doing?

There is silence. He takes out his handkerchief and mops the sweat from his face. Going back blindly to his table, sits down, and stares blankly at his lunch.

The curtain falls.

## ACT II

A Court of Justice, on a foggy October afternoon crowded with barristers, solicitors, reporters, ushers, and jurymen. Sitting in the large, solid dock is FALDER, with a warder on either side of him, placed there for his safe custody, but seemingly indifferent to and unconscious of his presence. FALDER is sitting exactly opposite to the JUDGE, who, raised above the clamour of the court, also seems unconscious of and indifferent to everything. HAROLD CLEAVER, the counsel for the Crown, is a dried, yellowish man, of more than middle age, in a wig worn almost to the colour of his face. HECTOR FROME, the counsel for the defence, is a young, tall man, clean shaved, in a very white wig. Among the spectators, having already given their evidence, are JAMES and WALTER HOW, and COWLEY, the cashier. WISTER, the detective, is just leaving the witness-box.

CLEAVER. That is the case for the Crown, me lud!

Gathering his robes together, he sits down.

FROME. [Rising and bowing to the JUDGE] If it please your lordship and gentlemen of the jury. I am not going to dispute the fact that the prisoner altered this cheque, but I am going to put before you evidence as to the condition of his mind, and to submit that you would not be justified in finding that he was responsible for his

## actions at the time. I am going to show you, in fact, that he did

this in a moment of aberration, amounting to temporary insanity, caused by the violent distress under which he was labouring. Gentlemen, the prisoner is only twenty-three years old. I shall call before you a woman from whom you will learn the events that led up to this act. You will hear from her own lips the tragic circumstances of her life, the still more tragic infatuation with which she has inspired the prisoner. This woman, gentlemen, has been leading a miserable existence with a husband who habitually ill-uses her, from whom she actually goes in terror of her life. I am not, of course, saying that it's either right or desirable for a young man to fall in love with a married woman, or that it's his business to rescue her from an ogre-like husband. I'm not saying anything of the sort. But we all know the power of the passion of love; and I would ask you to remember, gentlemen, in listening to her evidence, that, married to a drunken and violent husband, she has no power to get rid of him; for, as you know, another offence besides violence is necessary to enable a woman to obtain a divorce; and of this offence it does not appear that her husband is guilty.

JUDGE. Is this relevant, Mr. Frome?

FROME. My lord, I submit, extremely--I shall be able to show your lordship that directly.

JUDGE. Very well.

FROME. In these circumstances, what alternatives were left to her? She could either go on living with this drunkard, in terror of her life; or she could apply to the Court for a separation order. Well, gentlemen, my experience of such cases assures me that this would have given her very insufficient protection from the violence of such a man; and even if effectual would very likely have reduced her either to the workhouse or the streets--for it's not easy, as she is now finding, for an unskilled woman without means of livelihood to support herself and her children without resorting either to the Poor Law or--to speak quite plainly--to the sale of her body.

JUDGE. You are ranging rather far, Mr. Frome.

FROME. I shall fire point-blank in a minute, my lord.

JUDGE. Let us hope so.

FROME. Now, gentlemen, mark--and this is what I have been leading up to--this woman will tell you, and the prisoner will confirm her, that, confronted with such alternatives, she set her whole hopes on himself, knowing the feeling with which she had inspired him. She saw a way out of her misery by going with him to a new country, where they would both be unknown, and might pass as husband and wife. This was a desperate and, as my friend Mr. Cleaver will no doubt call it, an immoral resolution; but, as a fact, the minds of both of them were constantly turned towards it. One wrong is no excuse for another, and those who are never likely to be faced by such a situation possibly have the right to hold up their hands--as to that I prefer to say nothing. But whatever view you take, gentlemen, of this part of the prisoner's story--whatever opinion you form of the right of these two young people under such circumstances to take the law into their own hands--the fact remains that this young woman in her distress, and this young man, little more than a boy, who was so devotedly attached to her, did conceive this--if you like-- reprehensible design of going away together. Now, for that, of course, they required money, and--they had none. As to the actual events of the morning of July 7th, on which this cheque was altered, the events on which I rely to prove the defendant's irresponsibility --I shall allow those events to speak for themselves, through the lips of my witness. Robert Cokeson. [He turns, looks round, takes up a sheet of paper, and waits.]

COKESON is summoned into court, and goes into the witness-box, holding his hat before him. The oath is administered to him.

FROME. What is your name?

COKESON. Robert Cokeson.

FROME. Are you managing clerk to the firm of solicitors who employ the prisoner?

COKESON. Ye-es.

FROME. How long had the prisoner been in their employ?

COKESON. Two years. No, I'm wrong there--all but seventeen days.

FROME. Had you him under your eye all that time?

COKESON. Except Sundays and holidays.

FROME. Quite so. Let us hear, please, what you have to say about his general character during those two years.

COKESON. [Confidentially to the jury, and as if a little surprised at being asked] He was a nice, pleasant-spoken young man. I'd no fault to find with him--quite the contrary. It was a great surprise to me when he did a thing like that.

FROME. Did he ever give you reason to suspect his honesty?

COKESON. No! To have dishonesty in our office, that'd never do.

FROME. I'm sure the jury fully appreciate that, Mr. Cokeson.

COKESON. Every man of business knows that honesty's 'the sign qua non'.

FROME. Do you give him a good character all round, or do you not?

COKESON. [Turning to the JUDGE] Certainly. We were all very jolly and pleasant together, until this happened. Quite upset me.

FROME. Now, coming to the morning of the 7th of July, the morning on which the cheque was altered. What have you to say about his demeanour that morning?

COKESON. [To the jury] If you ask me, I don't think he was quite compos when he did it.

THE JUDGE. [Sharply] Are you suggesting that he was insane?

COKESON. Not compos.

THE JUDGE. A little more precision, please.

FROME. [Smoothly] Just tell us, Mr. Cokeson.

COKESON. [Somewhat outraged] Well, in my opinion--[looking at the JUDGE]--such as it is--he was jumpy at the time. The jury will understand my meaning.

FROME. Will you tell us how you came to that conclusion?

COKESON. Ye-es, I will. I have my lunch in from the restaurant, a chop and a potato--saves time. That day it happened to come just as Mr. Walter How handed me the cheque. Well, I like it hot; so I went into the clerks' office and I handed the cheque to Davis, the other clerk, and told him to get change. I noticed young Falder walking up and down. I said to him: "This is not the Zoological Gardens, Falder."

FROME. Do you remember what he answered?

COKESON. Ye-es: "I wish to God it were!" Struck me as funny.

FROME. Did you notice anything else peculiar?

COKESON. I did.

FROME. What was that?

COKESON. His collar was unbuttoned. Now, I like a young man to be neat. I said to him: "Your collar's unbuttoned."

FROME. And what did he answer?

COKESON. Stared at me. It wasn't nice.

THE JUDGE. Stared at you? Isn't that a very common practice?

COKESON. Ye-es, but it was the look in his eyes. I can't explain my meaning--it was funny.

FROME. Had you ever seen such a look in his eyes before?

COKESON. No. If I had I should have spoken to the partners. We can't have anything eccentric in our profession.

THE JUDGE. Did you speak to them on that occasion?

COKESON. [Confidentially] Well, I didn't like to trouble them about prime facey evidence.

FROME. But it made a very distinct impression on your mind?

COKESON. Ye-es. The clerk Davis could have told you the same.

FROME. Quite so. It's very unfortunate that we've not got him here. Now can you tell me of the morning on which the discovery of the forgery was made? That would be the 18th. Did anything happen that morning?

COKESON. [With his hand to his ear] I'm a little deaf.

FROME. Was there anything in the course of that morning--I mean before the discovery--that caught your attention?

COKESON. Ye-es--a woman.

THE JUDGE. How is this relevant, Mr. Frome?

FROME. I am trying to establish the state of mind in which the prisoner committed this act, my lord.

THE JUDGE. I quite appreciate that. But this was long after the act.

FROME. Yes, my lord, but it contributes to my contention.

THE JUDGE. Well!

FROME. You say a woman. Do you mean that she came to the office?

COKESON. Ye-es.

FROME. What for?

COKESON. Asked to see young Falder; he was out at the moment.

FROME. Did you see her?

COKESON. I did.

FROME. Did she come alone?

COKESON. [Confidentially] Well, there you put me in a difficulty. I mustn't tell you what the office-boy told me.

FROME. Quite so, Mr. Cokeson, quite so----

COKESON. [Breaking in with an air of "You are young--leave it to me"] But I think we can get round it. In answer to a question put to her by a third party the woman said to me: "They're mine, sir."

THE JUDGE. What are? What were?

COKESON. Her children. They were outside.

THE JUDGE. HOW do you know?

COKESON. Your lordship mustn't ask me that, or I shall have to tell you what I was told--and that'd never do.

THE JUDGE. [Smiling] The office-boy made a statement.

COKESON. Egg-zactly.

FROME. What I want to ask you, Mr. Cokeson, is this. In the course of her appeal to see Falder, did the woman say anything that you specially remember?

COKESON. [Looking at him as if to encourage him to complete the sentence] A leetle more, sir.

FROME. Or did she not?

COKESON. She did. I shouldn't like you to have led me to the answer.

FROME. [With an irritated smile] Will you tell the jury what it was?

COKESON. "It's a matter of life and death."

FOREMAN OF THE JURY. Do you mean the woman said that?

COKESON. [Nodding] It's not the sort of thing you like to have said to you.

FROME. [A little impatiently] Did Falder come in while she was there? [COKESON nods] And she saw him, and went away?

COKESON. Ah! there I can't follow you. I didn't see her go.

FROME. Well, is she there now?

COKESON. [With an indulgent smile] No!

FROME. Thank you, Mr. Cokeson. [He sits down.]

CLEAVER. [Rising] You say that on the morning of the forgery the prisoner was jumpy. Well, now, sir, what precisely do you mean by that word?

COKESON. [Indulgently] I want you to understand. Have you ever seen a dog that's lost its master? He was kind of everywhere at once with his eyes.

CLEAVER. Thank you; I was coming to his eyes. You called them "funny." What are we to understand by that? Strange, or what?

COKESON. Ye-es, funny.

COKESON. [Sharply] Yes, sir, but what may be funny to you may not be funny to me, or to the jury. Did they look frightened, or shy, or fierce, or what?

COKESON. You make it very hard for me. I give you the word, and you want me to give you another.

CLEAVER. [Rapping his desk] Does "funny" mean mad?

CLEAVER. Not mad, fun----

CLEAVER. Very well! Now you say he had his collar unbuttoned? Was it a hot day?

COKESON. Ye-es; I think it was.

CLEAVER. And did he button it when you called his attention to it?

COKESON. Ye-es, I think he did.

CLEAVER. Would you say that that denoted insanity?

He sits downs. COKESON, who has opened his mouth to reply, is left gaping.

FROME. [Rising hastily] Have you ever caught him in that dishevelled state before?

COKESON. No! He was always clean and quiet.

FROME. That will do, thank you.

COKESON turns blandly to the JUDGE, as though to rebuke counsel for not remembering that the JUDGE might wish to have a chance; arriving at the conclusion that he is to be asked nothing further, he turns and descends from the box, and sits down next to JAMES and WALTER.

FROME. Ruth Honeywill.

RUTH comes into court, and takes her stand stoically in the witness-box. She is sworn.

FROME. What is your name, please?

RUTH. Ruth Honeywill.

FROME. How old are you?

RUTH. Twenty-six.

FROME. You are a married woman, living with your husband? A little louder.

RUTH. No, sir; not since July.

FROME. Have you any children?

RUTH. Yes, sir, two.

FROME. Are they living with you?

RUTH. Yes, sir.

FROME. You know the prisoner?

RUTH. [Looking at him] Yes.

FROME. What was the nature of your relations with him?

RUTH. We were friends.

THE JUDGE. Friends?

RUTH. [Simply] Lovers, sir.

THE JUDGE. [Sharply] In what sense do you use that word?

RUTH. We love each other.

THE JUDGE. Yes, but----

RUTH. [Shaking her head] No, your lordship--not yet.

THE JUDGE. 'Not yet! H'm! [He looks from RUTH to FALDER] Well!

FROME. What is your husband?

RUTH. Traveller.

FROME. And what was the nature of your married life?

RUTH. [Shaking her head] It don't bear talking about.

FROME. Did he ill-treat you, or what?

RUTH. Ever since my first was born.

FROME. In what way?

RUTH. I'd rather not say. All sorts of ways.

THE JUDGE. I am afraid I must stop this, you know.

RUTH. [Pointing to FALDER] He offered to take me out of it, sir. We were going to South America.

FROME. [Hastily] Yes, quite--and what prevented you?

RUTH. I was outside his office when he was taken away. It nearly broke my heart.

FROME. You knew, then, that he had been arrested?

RUTH. Yes, sir. I called at his office afterwards, and [pointing to COKESON] that gentleman told me all about it.

FROME. Now, do you remember the morning of Friday, July 7th?

RUTH. Yes.

FROME. Why?

RUTH. My husband nearly strangled me that morning.

THE JUDGE. Nearly strangled you!

RUTH. [Bowing her head] Yes, my lord.

FROME. With his hands, or----?

RUTH. Yes, I just managed to get away from him. I went straight to my friend. It was eight o'clock.

THE JUDGE. In the morning? Your husband was not under the influence of liquor then?

RUTH. It wasn't always that.

FROME. In what condition were you?

RUTH. In very bad condition, sir. My dress was torn, and I was half choking.

FROME. Did you tell your friend what had happened?

RUTH. Yes. I wish I never had.

FROME. It upset him?

RUTH. Dreadfully.

FROME. Did he ever speak to you about a cheque?

RUTH. Never.

FROZE. Did he ever give you any money?

RUTH. Yes.

FROME. When was that?

RUTH. On Saturday.

FROME. The 8th?

RUTH. To buy an outfit for me and the children, and get all ready to start.

FROME. Did that surprise you, or not?

RUTH. What, sir?

FROME. That he had money to give you.

Ring. Yes, because on the morning when my husband nearly killed me my friend cried because he hadn't the money to get me away. He told me afterwards he'd come into a windfall.

FROME. And when did you last see him?