Part 35 (1/2)

”Would your lords.h.i.+p allow me to make an application?”

”Yes,” said my lord--”yes; I see no objection. What is your application, Mr. ----?” I will not give his name.

”There is a case, my lord, in to-morrow's list--number ten. It is quite impossible, seeing the number of cases before it, that that case can be reached.”

”If that is so,” said my lord, ”there is no necessity for making any application--if you know it is impossible to reach it, I mean to say--”

”It is _ex abundanti cautela_, my lord.”

I think that was the expression, but, as it is not dog-Latin, I am not sure.

”It is a good horse to run, I dare say,” said my lord, ”but I don't think he'll win this time.”

The counsel shook his head and would have smiled, I could see that, only he was disappointed. I felt sorry for him, because his clients had made arrangements to go to the Derby. As he was turning disconsolately away my lord spoke with a little more encouragement in his tone and a quiet smile.

”We will see later, Mr. ----. Is your client _unable_ to appear to-morrow?”

”I'm afraid so, my lord, quite.”

”Have you a doctor's certificate?”

”I am afraid not, my lord; he is not ill.”

”Then you can renew the application later; but understand, I am _determined to get through the list_.”

That was so like my lord; nothing would turn him from his resolution, if he sat till midnight, and I nearly barked with admiration.

Then came number six on the list, with the same complaint that it was not likely to be reached.

”I'm not so sure,” said Sir Henry. ”I have just refused number ten; yours is a long way before that. Some of the previous ones may go off very soon; there does not seem to be anything _very long_ in front of you, Mr. ----. What's your difficulty about being here?”

”The real difficulty, my lord--” And as he hesitated the Judge said,--

”You want to be elsewhere?”

”Frankly, my lord, that is so.”

”Very well; if both sides are agreed, I have no objection. If I am not trying your case I shall be trying some one else's, and it is a matter of perfect indifference to me whose case it is.”

An hour after in came a brisk junior stating that his leader was unavoidably absent.

”What is the application, Mr. Wallsend?”

”There's a case on your lords.h.i.+p's list for to-morrow, my lord.”

”Yes. What number?”

”Number seven, my lord. I am told number six is a long case, and sure to be fought. My application is that, as that case will last over Friday--”