"What view did Mr. Jellicoe take?" Thorndyke asked.
"Oh, he was very cautious and reserved, but he didn't disguise his
feeling that I should be wise to take a certainty in lieu of a very
problematical fortune. He would certainly like me to agree, for he
naturally wishes to get the affair settled and pocket his legacy."
"And have you definitely refused?"
"Yes; quite definitely. So Hurst will apply for permission to presume
death and prove the will, and Jellicoe will support him; he says he has
no choice."
"And you?"
"I suppose I shall oppose the application, though I don't quite know on
what grounds."
"Before you take definite steps," said Thorndyke, "you ought to give
the matter very careful consideration. I take it that you have very
little doubt that your brother is dead. And if he is dead, any benefit
that you may receive under the will must be conditional on the previous
presumption or proof of death. But perhaps you have taken advice?"
"No, I have not. As our friend the Doctor has probably told you, my
means--or rather, the lack of them--do not admit of my getting
professional advice. Hence my delicacy about discussing the case with
you."
"Then do you propose to conduct your case in person?"
"Yes; if it is necessary for me to appear in Court, as I suppose it
will be, if I oppose the application."
Thorndyke reflected for a few moments and then said gravely:
"You had much better not appear in person to conduct your case, Mr.
Bellingham, for several reasons. To begin with, Mr. Hurst is sure to
be represented by a capable counsel, and you will find yourself quite
unable to meet the sudden exigencies of a contest in Court. You will
be out-maneuvered. Then there is the judge to be considered."
"But surely one can rely on the judge dealing fairly with a man who is
unable to afford a solicitor and counsel?"
"Undoubtedly, as a rule, a judge will give an unrepresented litigant
every assistance and consideration. English judges in general are
high-minded men with a deep sense of their great responsibilities. But
you cannot afford to take any chances. You must consider the
exceptions. A judge has been a counsel, and he may carry to the bench
some of the professional prejudices of the bar. Indeed, if you
consider the absurd license permitted to counsel in their treatment of
witnesses, and the hostile attitude adopted by some judges toward
medical and other scientific men who have to g
|