It was considered unnecessary and not altogether expedient to expose our artless Jill to the mercies of our opponent’s team, and, when I stepped down from the box, my brother-in-law’s name was at once called by our junior counsel—
“Major Pleydell.”
His examination-in-chief was very short. As was to be expected, he made an excellent witness. I began to wonder whether the defendant would be so foolish as to appeal....
Perhaps because the cross-examination of his predecessors had been so barren, the leader for the defence rose to deal with Berry with a menacing air. He was a “silk,” whose obvious confidence in his ability was shared by few. Influence rather than merit had, I was told, won his admission to the Inner Bar, and the supercilious manner which he continually observed towards the Bench afforded a first-class exhibition of particularly bad form.
“This mysterious car,” he began, “that we’ve all heard so much about—you say it was green?”
“I do,” said Berry.
“What sort of green?”
“A bilious green.”
There was a subdued titter, and one of the jurymen made no attempt to disguise his amusement. The frown upon counsel’s face deepened.
“Was it a light or dark green, sir?”
“Light.”
“Might it have been grey?”
“It might. It might have been a beautiful ruby pink. But it wasn’t. It was just green.”
A second titter, more pronounced than before, ran round the Court, and counsel flushed angrily.
“You have sworn that it was an open car?”
“So it was.”
“And that there were two passengers?”
“So there were.”
“And that the one who was not driving was wearing a chauffeur’s uniform?”
“So he was.”
“Listen. You saw its colour, you noticed its style, you swear to the number of passengers, and were actually able to observe how one of them was clad. How is it that you cannot speak to its number?”
“I will tell you. I was sitting——”
“On your oath, sir!”
“No, on the back seat.” There was more than a ripple of laughter, and the Judge shot a quick glance at counsel before removing his pince-nez and sitting back in his chair. “The heads and shoulders of Mrs. Pleydell and Captain Mansel, who were seated in front, obscured my view.”
“Wasn’t it because the car was travelling too fast?”
“Certainly not. They saw it.”
“That is a matter of opinion.”
“It is a matter of fact,” was the retort.
“It is easy to be rude, Major Pleydell.”
“I’ll take your word for it.”
Counsel appealed to the Judge.
“My lord, I must ask your lordship——”
“I see no reason to interfere,” was the cold reply.
Counsel swallowed before proceeding. He was one of those who cannot let ill alone.