The Irregularity of the Juryman
Chapter I
THE JURYMAN IS STARTLED
His first feeling was one of annoyance. All-round annoyance. Comprehensive disgust. He did not want to be a juryman. He flattered himself that he had something better to do with his time. Half-a-dozen matters required his attention. Instead of which, here he was obtruding himself into matters in which he did not take the faintest interest. Actually dragged into interference with other people's most intimate affairs. And in that stuffy court. And it had been a principle of his life never to concern himself with what was no business of his. Talk about the system of trial by jury being a bulwark of the Constitution! At that moment he had no opinion of the Constitution; or its bulwarks either.
Then there were his colleagues. He had never been associated with eleven persons with whom he felt himself to be less in sympathy. The fellow they had chosen to be foreman he felt convinced was a cheesemonger. He looked it. The others looked, if anything, worse. Not, he acknowledged, that there was anything inherently wrong in being a cheesemonger. Still, one did not want to sit cheek by jowl with persons of that sort for an indefinite length of time. And there were cases--particularly in the Probate Court--which lasted days; even weeks. If he were in for one of those! The perspiration nearly stood on his brow at the horror of the thought.
What was the case about? What was that inarticulate person saying? Philip Poland knew nothing about courts--and did not want to--but he took it for granted that the gentleman in a wig and gown, with his hands folded over his portly stomach, was counsel for one side or the other--though he had not the slightest notion which. He had no idea how they managed things in places of this sort. As he eyed him he felt that he was against him anyhow. If he were paid to speak, why did not the man speak up?
By degrees, for sheer want of something else, Mr. Roland found that he was listening. After all, the man was audible. He seemed capable, also, of making his meaning understood. So it was about a will, was it? He might have taken that for granted. He always had had the impression that the Probate Court was the place for wills. It seemed that somebody had left a will; and this will was in favour of the portly gentleman's client; and was as sound, as equitable, as admirable a legal instrument as ever yet was executed; and how, therefore, anyone could have anything to say against it surprised the portly gentleman to such a degree that he had to stop to wipe his forehead with a red silk pocket-handkerchief.
The day was warm. Mr. Roland was not fond of listening to speeches. And this one was--well, weighty. And about something for which he did not care two pins. His attention wandered. It strayed perilously near the verge of a dose. In fact, it must have strayed right over the verge. Because the next thing he understood was that one of his colleagues was digging his elbow into his side, and proffering the information that they were going lunch. He felt a little bewildered. He could not think how it had happened. It was not his habit to go to sleep in the morning. As he trooped after his fellows he was visited by a hazy impression that that wretched jury system was at the bottom of it all.
They were shown into an ill-ventilated room. Someone asked him what he would have to eat. He told them to bring him what they had. They brought some hot boiled beef and carrots. The sight of it nearly made him ill. His was a dainty appetite. Hot boiled beef on such a day, in such a place, after such a morning, was almost the final straw. He could not touch it.
His companion attacked his plate with every appearance of relish. He made a hearty meal. Possibly he had kept awake. He commented on the fashion in which Mr. Roland had done his duty to his Queen and country.
"Shouldn't think you were able to pronounce much of an opinion on the case so far as it has gone, eh?"
"My good sir, the judge will instruct us as to our duty. If we follow his instructions we shan't go wrong."
"You think, then, that we are only so many automata, and that the judge has but to pull the strings."
Mr. Roland looked about him, contempt in his eye.
"It would be fortunate, perhaps, if we were automata."
"Then I can only say that we take diametrically opposite views of our office. I maintain that it is our duty to listen to the evidence, to weigh it carefully, and to record our honest convictions in the face of all the judges whoever sat upon the Bench."
Mr. Roland was silent. He was not disposed to enter into an academical discussion with an individual who evidently had a certain command of language. Others, however, showed themselves to be not so averse. The luncheon interval was enlivened by some observations on the jury system which lawyers--had any been present--would have found instructive. There were no actual quarrels. But some of the arguments were of the nature of repartees. Possibly it was owing to the beef and carrots.
They re-entered the court. The case recommenced. Mr. Roland had a headache. He was cross. His disposition was to return a verdict against everything and everyone, as his neighbour had put it, "in the face of all the judges who ever sat upon the Bench." But this time he did pay some attention to what was going on.
It appeared, in spite of the necessity which the portly gentleman had been under to use his red silk pocket-handkerchief, that there were objections to the will he represented. It was not easy at that stage to pick up the lost threads, but from what Mr. Roland could gather it seemed it was asserted that a later will had been made, which was still in existence. Evidence was given by persons who had been present at the execution of that will; by the actual witnesses to the testator's signature; by the lawyer who had drawn the will. And then--!
Then there stepped into the witness-box a person whose appearance entirely changed Mr. Roland's attitude towards the proceedings; so that, in the twinkling of an eye, he passed from bored indifference to the keenest and liveliest interest. It was a young woman. She gave her name as Delia Angel. Her address as Barkston Gardens, South Kensington. At sight of her things began to hum inside Mr. Roland's brain. Where had he seen her before? It all came back in a flash. How could he have forgotten her, even for a moment, when from that day to this she had been continually present to his mind's eye?
It was the girl of the train. She had travelled with him from Nice to Dijon in the same carriage, which most of the way they had had to themselves. What a journey it was! And what a girl! During those fast-fleeting hours--on that occasion they had fled fast--they had discussed all subjects from Alpha to Omega. He had approached closer to terms of friendship with a woman than he had ever done in the whole course of his life before--or since. He was so taken aback by the encounter, so wrapped in recollections of those pleasant hours, that for a time he neglected to listen to what she was saying. When he did begin to listen he pricked up his ears still higher.
It was in her favour the latest will had been made--at least, partly. She had just returned from laying the testator in the cemetery in Nice when he met her in the train--actually! He recalled her deep mourning. The impression she had given him was that she had lately lost a friend. She was even carrying the will in question with her at the time. Then she began to make a series of statements which brought Mr. Roland's heart up into his mouth.
"Tell us," suggested counsel, "what happened in the train."
She paused as if to collect her thoughts. Then told a little story which interested at least one of her hearers more than anything he had ever listened to.
"I had originally