Before ten o'clock on the following morning, having already spent two hours over his brief, that he had now thoroughly mastered, Geoffrey was at his chambers, which he had some difficulty in reaching owing to the thick fog that still hung over London, and indeed all England.
To his surprise nothing had been heard either of the Attorney-General or of Mr. Candleton. The solicitors were in despair; but he consoled them by saying that one or the other was sure to turn up in time, and that a few words would suffice to explain the additional light which had been thrown on the case. He occupied his half hour, however, in making a few rough notes to guide him in the altogether improbable event of his being called on to open, and then went into court. The case was first on the list, and there were a good many counsel engaged on the other side. Just as the judge took his seat, the solicitor, with an expression of dismay, handed Geoffrey a telegram which had that moment arrived from Mr. Candleton. It was dated from Calais on the previous night, and ran, "Am unable to cross on account of thick fog. You had better get somebody else in Parsons and Douse.""And we haven't got another brief prepared," said the agonised solicitor. ""What is more, I can hear nothing of the Attorney-General, and his clerk does not seem to know where he is. You must ask for an adjournment, Mr. Bingham; you can't manage the case alone.""Very well," said Geoffrey, and on the case being called he rose and stated the circumstances to the court. But the Court was crusty. It had got the fog down its throat, and altogether It didn't seem to see it. Moreover the other side, marking its advantage, objected strongly.
The witnesses, brought at great expense, were there; his Lordship was there, the jury was there; if this case was not taken there was no other with which they could go on, &c., &c.
The court took the same view, and lectured Geoffrey severely. Every counsel in a case, the Court remembered, when It was at the Bar, used to be able to open that case at a moment's notice, and though things had, It implied, no doubt deteriorated to a considerable extent since those palmy days, every counsel ought still to be prepared to do so on emergency.
Of course, however, if he, Geoffrey, told the court that he was absolutely unprepared to go on with the case, It would have no option but to grant an adjournment.
"I am perfectly prepared to go on with it, my lord," Geoffrey interposed calmly.
"Very well," said the Court in a mollified tone, "then go on! I have no doubt that the learned Attorney-General will arrive presently."Then, as is not unusual in a probate suit, followed an argument as to who should open it, the plaintiff or the defendant. Geoffrey claimed that this right clearly lay with him, and the opposing counsel raised no great objection, thinking that they would do well to leave the opening in the hands of a rather inexperienced man, who would very likely work his side more harm than good. So, somewhat to the horror of the solicitors, who thought with longing of the eloquence of the Attorney-General, and the unrivalled experience and finesse of Mr.
Candleton, Geoffrey was called upon to open the case for the defendants, propounding the first will.
He rose without fear or hesitation, and with but one prayer in his heart, that no untimely Attorney-General would put in an appearance.
He had got his chance, the chance for which many able men have to wait long years, and he knew it, and meant to make the most of it.
Naturally a brilliant speaker, Geoffrey was not, as so many good speakers are, subject to fits of nervousness, and he was, moreover, thoroughly master of his case. In five minutes judge, jury and counsel were all listening to him with attention; in ten they were absorbed in the lucid and succinct statement of the facts which he was unfolding to them. His ghost theory was at first received with a smile, but presently counsel on the other side ceased to smile, and began to look uneasy. If he could prove what he said, there was an end of their case. When he had been speaking for about forty minutes one of the opposing counsel interrupted him with some remark, and at that moment he noticed that the Attorney-General's clerk was talking to the solicitor beneath him.
"Bother it, he is coming," thought Geoffrey.
But no, the solicitor bending forward informed him that the Attorney-General had been unavoidably detained by some important Government matter, and had returned his brief.
"Well, we must get on as we can," Geoffrey said.
"If you continue like that we shall get on very well," whispered the solicitors, and then Geoffrey knew that he was doing well.
"Yes, Mr. Bingham!" said his Lordship.
Then Geoffrey went on with his statement.
At lunch time it was a question whether another leader should be briefed. Geoffrey said that so far as he was concerned he could get on alone. He knew every point of the case, and he had got a friend to "take a note" for him while he was speaking.
After some hesitation the solicitors decided not to brief fresh counsel at this stage of the case, but to leave it entirely in his hands.
