The Case and Exceptions Part 12

"Shure, Counsellor, Oi niver said thot. Faith, Oi want ter hilp yiz with yur kase, but sorra a wurd loike thim iver pa.s.sed me lips."

"O, never mind, Clancy!" I exclaimed, silently cursing my indiscretion.

"That's only a legal phrase with which every affidavit begins."

"All right, Sorr. 'Tis for you ter know."

Again Clancy a.s.sumed his att.i.tude of resignation and I read on:

"_Michael Clancy being duly sworn deposes and says that he resides at No. -- West Ninety-third Street, in the City of New York, and that on the 15th day of May, 1896, he was in the employ of the Cavendish Tool Company._"

"Thrue for you, Sorr--an' bad cess ter thim," commented Clancy.

"_That previous to May 15, 1896, he had been in the employ of said Company for nine years_----"

"'Twas not so long, Sorr, for whin me sisther-in-law Theresa's sicond child, she thot aftherwards married Bicie Sullivan's lad, wuz sick at th' toime av me wife's brother's wake, Oi stayed from wurrk two days fur ter luk ter th' child an' so----"

"O, well--that's near enough--say nine years," I interrupted.

"Oi'll say whativer you want, Sorr--but, be th' same token, 'tis thruth Oi do be tellin' you now--betwane oursilves loike."

I looked sternly at Clancy's rotund countenance. This case was looming up pregnant with possibilities in the presence of a witness with ready-made testimony and confidential truths. Clancy as a character was all right, but, as a client? I began to be alarmed. This had to be stopped.

"Now, understand once and for all, Clancy," I exclaimed almost threateningly, "I don't want you to tell anything at any time except the truth."

Clancy relapsed again.

"'Tis for you ter know, Sorr," was all he said.

I looked at the man with desperation in my eyes.

"Now, Michael, listen to me. If there's anything really wrong in the affidavit, stop me; but, if it's unimportant, don't let's waste time on it. Now, where were we? Here it is:--'_had been in the employ of said Company for nine years_----'"

"Av coorse, thot's moindin' what Oi do be afther tellin' you, Sorr."

"Good lord, man! For _nearly_ nine years then. Will that satisfy you?

We'll never finish if you keep this up!"

"'Tis dumb Oi am, Sorr."

Clancy's big hands waved off further reproaches in a little gesture half soothing, half disclaiming.

Then all intelligence faded from his face, and he sat with closed eyes, punctuating my sentences with nodding head, as I continued from the text of the affidavit.

"_During those nine years_" (Clancy winced, but kept silent), "_he was engaged as a porter in the Company's main office, in Fulton Street. On the morning of May 15, 1896, while engaged in sorting merchandise on the fourth floor of said building, a shelf on the north side of the room gave way, and a keg of nails fell upon his spine, inflicting serious injuries_.

"_Deponent did not erect said shelf, nor was the same erected under his direction, nor was the merchandise upon it placed there by deponent or deponent's orders._

"_Deponent further avers that he never knew the said shelf was unsafe, although the Superintendent had been told that one of its brackets needed repairing._"

I continued reading the rest of the long statement without interruption from Clancy. Even when I finished he made no comment, and I thought him depressed in spite of his smile, so I spoke up cheerfully.

"That's the story, Michael. It all comes back clearly enough now, doesn't it? There's nothing like having these affidavits made out at the time, so one can recall all the facts. Now there's very little more work to be done. You remember I had diagrams made of the room where you were working, so we have those, and the Doctor's sent me word that he's ready at any time. There were no other witnesses, you say? Well, then, let me hear you tell the story in your own way, without any prompting from me.

Begin by describing the place. Now, go on."

Clancy smiled contentedly, leaned forward in his chair and slowly rubbed his knees with the palms of his hands.

"Beyant th' dure," he began, "there do be a laarge room, with foive windows in ut, an' a stairkase ter th' left hand soide goin' upstairs.

In th' cintre av this room they do hov two rows av stoof an' th' same is on s.h.i.+lves foreninst an' behoind thim----"

The picture was not entirely clear, but I spoke up hopefully:

"Yes; and in this room you worked?"

"Oi niver did, Sorr."

"Then describe the room where you did work," I answered, wearily. "No other room is of any importance."

"Will you leave me tell ut in my own way, Sorr?"

"Yes."

"Well, Sorr, 'twas this way ut wuz. There do be a gang av min on th'

fourth flure handlin' stoof thot's afther comin' outer th' elevaytor.

Th' elevaytor do be nixt th' stairkase, an' th' min stand in loine an'

roll th' barruls wan to anither clane acrost th' flure. Th' furst feller do be called 'the guide,' an'----"

"And you worked with these men?" I interposed.

"Shure Oi niver had onythin' at all to do with thim. But minny a toime Oi've seen thim----"

"Wait," I said, "this won't do. I'll start at the beginning, and ask you questions just as though you were in Court, and you answer them."

Clancy looked a bit troubled, but he s.h.i.+fted himself in his chair and said, "Yiz, Sorr," brightly enough.

"Mr. Clancy," I began in my best jury manner, "where do you reside?"

A light gleamed in the witness's eyes.

"City an' County av New York--SS!" he burst out proudly.

I dropped the paper on my desk and groaned aloud. But when I saw the look of crus.h.i.+ng disappointment on Clancy's face I forced a smile and said,

"Try to forget that, Michael. It has nothing whatever to do with your testimony. Now let's begin again--Where do you reside?"

"Shure you know, Sorr."

"Yes, I know, Clancy, but the jury doesn't and we're supposed to be in Court. Answer just as you would before the jury. Now--who employed you in May, 1896?"