Berry and Co Part 36

Again the Court, which was now packed, rocked with merriment. The tone in which counsel put his next question reeked of the insolence of anger.

"You consider your recollection clear?"

"As daylight. Let me explain----"

Counsel held up a deprecatory hand.

"Pray spare us. There was, I believe, a lot of dust."

"There was."

"Any amount of it?"

"Any amount. The road was thick with it."

"And the air?"

"Any amount of that, too. For a windless day, I never----"

"No, no, _no_! Wasn't the air thick with dust?"

"After the car had gone by--yes. It swallowed up the dog completely."

"The dog?"

Berry started and looked round uneasily.

"Perhaps," he stammered, "I shouldn't have...."

Counsel rose at the bait like a carp upon the tenth of April.

"This is most interesting. You say the dust swallowed the dog?"

"Yes, and the dog swallowed the dust. It was quite remarkable."

Amid the tempest of laughter counsel stood glowering.

"What dog are you referring to?"

"A Sealyham. When the car had gone by, he jumped out into the dust it had made and ran after it."

Hurriedly counsel conferred with his client.

"Why didn't you mention this dog before?"

"I didn't think it necessary."

"Did you tell your solicitor about it?"

"Yes. He didn't think it necessary, either."

"Really! You know, I thought we should get at something presently. Now, if the defendant didn't happen to own a Sealyham, this would be rather a valuable piece of evidence to show that it wasn't his car, wouldn't it?"

"I don't think so. You see----"

"Come, come, sir. Up to now nothing has been said of the offending car which could not be said with equal truth of the defendant's."

"I cordially agree."

"Both are green, both open, both, according to your story, bear the same number."

Berry nodded.

"Unquestionably," he said.

"Wait. Supposing the defendant swears that he has never had a Sealyham or any other kind of terrier?"

"I don't know that I should believe him, but I shouldn't argue it.

Perhaps he doesn't like dogs."

"You'd accept his statement?"

"For what it was worth."

"Exactly. And if he had no terrier, it's quite obvious that the car out of which the Sealyham jumped was not his, but somebody else's?"

"Undoubtedly," said Berry. "As a matter of fact, it was ours."

The explosion of mirth which this statement provoked showed that his headlong progress towards the pit which he had digged had been gleefully followed by nearly everybody in Court, and counsel turned very pale.

"Have you ever discussed this case with any one?"

"I have."

"Who with?"

Berry took a deep breath.

"Well, I haven't seen my dentist lately, but I think everybody else I know has had it."

"Have you discussed it with the other witnesses?"

"Ad nauseam."

"Have you indeed? Perhaps that explains why you all tell the same tale?"

"That," said Berry coolly, "is an infamous suggestion."

Somebody gave an audible gasp, and there was a breathless silence.