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 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 HIS LITTLE BILL OF SALE
 
 His Little Bill of Sale 
 
 By 
 Ellis J. Davis 
 
 Author of 
 
 ' Whose Fault ; the Story of a Trial at Nisi Prius ' 
 
 etc., etc. 
 
 London 
 
 John Long 
 
 6 Chandos Street, Strand 
 1898
 
 T
 
 
 TO THE MEMBERS OF THE SELECT COMMITTEE 
 
 OF THE HOUSE OF COMMONS ON USURY 
 
 THIS BOOK IS RESPECTFULLY 
 
 INSCRIBED BY THE 
 
 AUTHOR 
 
 779781
 
 PREFACE 
 
 The kind reception accorded by the press and public 
 to my last book, has led me to hope that a little story 
 dealing with legal matters may be entertaining and 
 instructive. I have endeavoured to expose some of the 
 tricks of the money-lending fraternity, who thrive upon 
 bills of sale under those wonderful pieces of legislative 
 incompetency known as the Bills of Sale Acts 1878 and 
 1882. The story is not an unusual one, and the main 
 features of it are based upon actual facts within the 
 author's knowledge. It is hoped that the light thrown 
 upon these matters may be of assistance to arouse public 
 interest in the inquiry into the working of the usury 
 laws, on which a Parliamentary Committee is now 
 sitting. 
 
 I only venture to offer one suggestion to the Com- 
 mittee, namely, that in all cases where money has been 
 lent at over 5 per cent, interest, a judge shall have the 
 right to inquire into the nature of the bargain, and 
 reduce the interest to a fair sum. 
 
 ELLIS J. DAVIS. 
 
 2 Brick Court, Temi'le, E.C. 
 March 1898.
 
 CONTENTS 
 
 CHAP. VAOE 
 
 I. TOMKINS' LITTLE DIFFICULTIES . . I 
 
 II. TOMKINS INTERVIEWS SOME PHILANTHRO- 
 PISTS . . . . .7 
 
 III. THE GENEROSITY OF THE PRESENT CENTURY 1 6 
 
 IV. EASILY BORROWED . . . .26 
 V. OUT OF THE DIFFICULTIES . . -35 
 
 VI. THE MATURING OF THE LOAN . . 40 
 
 VII. HOW THE BANK BEHAVED . . . 50 
 
 VIII. THE SMART LAWYER . . . -59 
 
 IX. AT CHAMBERS . . . .94 
 
 X. MR JUSTICE LANCELOT . . . IO5 
 
 XI. sleimy's try ON . . . .131 
 
 XII. IN THE DIVISIONAL COURT . . . I38 
 
 XIII. IN THE COURT OF APPEAL . . .156 
 
 XIV. TOMKINS NONPLUSSED . . . . 1 80 
 XV. MORE OF THE SHARP SOLICITOR . . I92 
 
 XVI. TO THE RESCUE . . . .213 
 
 XVII. CONCLUSION ..... 23O
 
 4
 
 HIS LITTLE BILL OF SALE 
 
 CHAPTER I 
 
 TOMKINS' LITTLE DIFFICULTIES 
 
 It wanted but three weeks to Christmas — that festive 
 season of the year when everybody ought to have turkey, 
 or roast beef and plum pudding ; when every Christian 
 ought to be happy and cheerful, and not a care should 
 ruffle the brow of the hard worked bread-winner. 
 
 Yet the domestic life of our friend had not been all 
 roses for the last few weeks, nor as the end of the 
 year drew near, had he reason to feel as well satisfied 
 with his surroundings as he should have done. It is 
 true that the children had been extra good for the last 
 two or three days. Bobby was on his best behaviour, 
 and Mary, Anna, and Nita, otherwise Baby, had been 
 kept singularly in the background so as not to disturb 
 papa. Mrs Tomkins, the sweet small light of the 
 fireside, had been unusually attentive to his little 
 comforts. His hot water had come up in good time, 
 and with something more than the chill off. ' He had 
 had a little variety for breakfast beyond bacon and
 
 2 HIS LITTLE BILL OF SALE 
 
 eggs, and he found his boots cleaned and his great- 
 coat and hat brushed in time for him to catch the 
 express bus without having to hurry and scurry like 
 a weasel with a ferret on his track. The student of 
 human nature would have known what all this meant. 
 Tomkins had a shrewd suspicion that something was in 
 the wind. After ten years of married life, extra atten- 
 tion on the part of a spouse generally forebodes some- 
 thing, but he held his peace until one Sunday morning 
 when his wife appeared at the breakfast table with 
 her sweetest of smiles, and the reason of all this 
 solicitude made itself apparent. 
 
 ' My dear, do you know Christmas will be here in 
 three weeks ? ' 
 
 Tomkins looked up with a quiet smile upon his face, 
 and paused from drinking his second cup of tea : * Well, 
 Georgina, the almanack would have told us that.' This 
 was not very encouraging, but when a woman has 
 made up her mind to speak, especially when in addition 
 to being a female, she is a wife and a mother, she is 
 not easily silenced. She went on without taking any 
 notice of this interruption. 
 
 * You know, love, that I was to have had a new 
 dress in the autumn, and the children really are quite 
 shabby. Mary is invited to two Christmas parties 
 with real Christmas trees, and she can't go without 
 a pretty frock, and the child has been so good that 
 I wouldn't disappoint her for the world ; then Bobby
 
 TOMKINS' LITTLE DIFFICULTIES 3 
 
 grows so fast that he is ahvays wanting new clothes, 
 and Anna and Baby mustn't be forgotten ; then, my 
 dear, I thought — ' and here Mrs Tomkins looked down 
 and became rather shy. 
 
 * I thought that being Christmas we might have a 
 few friends just to meet my sister Ethel and her young 
 man, as we haven't given them any entertainment yet.' 
 
 Tomkins drank his tea and gave a little grunt. His 
 wife seemed satisfied and went on. 
 
 ' I think mother would like to come and stay with 
 us a few days, and, of course, we must make the old 
 lady comfortable, and ' — this came out with a little 
 jerk — ' Sarah has now been with us three years and I 
 promised her a dress.' 
 
 Upon this the lady relapsed into silence, whereupon 
 her husband felt called upon to say something, but he 
 was too unhappy at the moment to speak mildly or 
 gently, so he remained silent, not intending to enter into 
 a discussion which he felt would be a painful one, when 
 his wife asserted herself with that decided : ' Well, my 
 dear ' which we all know means an answer. 
 
 ' Ducky, pet,' said Tomkins in his mildest voice, and 
 making up his mind to face the position bravely, 
 ' what am I to do ? What you want means a lot of 
 money. I have only a few pounds left from my last 
 quarter's salary, and at Christmas there's the rent and 
 taxes, and we want coals, and there's my brother Bill 
 laid up, and I must help him a bit, and we have got a
 
 4 HIS LITTLE BILL OF SALE 
 
 long winter before us, still ' — and this came very slowly 
 — ' if — if £2 would do — I think I might manage — ' 
 
 But his sentence was never finished. Mrs Tomkins 
 felt the amount offered an insult. 
 
 ' Two pounds ! why don't you say two pence ? I 
 declare you get meaner and meaner every day. I 
 haven't asked you for a farthing for ever so long, and 
 it's not for me now, but for the dear children, and I 
 don't believe you care for any of us — that I don't — ' 
 and here tears found their way into Mrs Tomkins' eyes, 
 and it looked like a very unhappy husband and wife. 
 
 Honestly speaking, a man must be a brute who is 
 not moved by his wife's tears. Tomkins loved his 
 little woman in true English fashion, and if he felt 
 grieved at the accusation of meanness, he quite forgave 
 her and came to her side directly she broke down. A 
 few kisses and caresses and gentle words enabled the 
 lady to recover herself, and the discussion proceeded : — 
 
 ' You know, love, I wouldn't for the world refuse you 
 anything if I had it, but where am I to get money ? 
 There's nobody I can borrow of. — I still owe Phillips £^2 
 out of the £\o he lent me, and he is sure to want it at 
 Christmas. I couldn't ask him for any more.' 
 
 ' Well, haven't you got any other friends ? I am 
 sure there are enough of them come here smoking pipes 
 and drinking your whisky all the year round.' 
 
 'All poor devils like myself — there isn't one of them 
 would refuse to assist me with a pound or two, if I was
 
 TOMKINS LITTLE DIFFICULTIES 5 
 
 hard up, but I haven't the heart to ask any of them to 
 deprive themselves of their httle comforts or outings 
 at Christmas, and I won't do it.' 
 
 Mrs Tomkins gave a short sniff, and the conversation 
 dropped — nor did she refer to the subject again during 
 that day — and Tomkins was beginning to feel himself 
 again, when at breakfast the next morning, he found 
 what folly it is to imagine that a woman ever gives up 
 a project upon which she has set her heart. 
 
 'My dear, why can't you borrow the money like 
 other people do ? There are lots and lots of people 
 only too ready to lend — only look at the daily papers. 
 Why, I see Mr Brown, Mr Lewis, Mr Edwards, and 
 dozens of other people only too anxious to oblige by 
 lending money — why can't you get them to oblige 
 you?' 
 
 Tomkins pricked up his ears. 
 
 ' Don't you know that all those people want security, 
 and what security can I give, independently of the 
 question of how I am to pay it back ? ' 
 
 ' Tomkins, you're a fool — why, look here,' and she 
 took up the Standard newspaper, 'here's "^75,ooo to 
 lend, without sureties, in sums of ;£\o to ;^5oo on 
 note of hand alone. Apply to Mr Isaacs, 4 Watling 
 Street," — now, why shouldn't you ask him to lend 
 you the money ? ' 
 
 'I don't believe any of them would lend me twopence, 
 and you know what a horror I have of being in debt.'
 
 6 HIS LITTLE BILL OF SALE 
 
 ' But, my dear, I'll be as mean and as economical as 
 possible after Christmas, and we shall easily save enough 
 to pay it back, and I want the dear children to look 
 nice, and they've been so good. Now, you will try and 
 get me jQio^ won't you, dear ? ' 
 
 With the sigh of a martyr Tomkins said he would 
 try, and having received a hug and a kiss from his now 
 gratified wife, he put the advertisements she had referred 
 to into his pocket and went forth to his daily work.
 
 CHAPTER II 
 
 TOMKINS INTERVIEWS SOME PHILANTHROPISTS 
 
 When a man has once made up his mind at the instance 
 of a wife, a relation, or a false friend, to embark on a 
 downward course, his instinct generally hurries him to 
 stifle his conscience by making the plunge as rapidly 
 as possible. Tomkins knew as well as anybody could 
 tell him, that to borrow money in his position was 
 wrong, nay, more than that, it was dishonest ; but 
 neither he nor anybody else with his limited experi- 
 ence of life could have told where the first step was 
 likely to lead. He had begun life as a bank clerk at 
 a very small salary, and he had worked his way up by 
 steady industry until he had earned the confidence of 
 his employers in a rather higher degree than many of 
 his fellow workers, and his income, though nominally 
 only ;^i6o a year, with occasional perquisites and 
 presents now reached ;!^200. Four pounds per week 
 is not much upon which to keep a wife and bring up 
 four children, but up to the present time, with the 
 exception of some troubles when the children had
 
 8 HIS LITTLE BILL OF SALE 
 
 suffered from infantile complaints, he had managed 
 to pay his way. He had even once saved £2^ in the 
 bank against a rainy day, but with a doctor's bill and 
 the help he had given to one or two friends, the little 
 capital had disappeared. It was a blow, but he bore 
 it and hoped for a rise of salary to enable him to put 
 by again. Now he could not refuse to help his wife 
 to a little extra pleasure. It seemed so unselfish of 
 her to be thinking only of the children, and if he could 
 get temporary assistance he thought that, with care, he 
 would be able to pay the money back. Everybody 
 who borrows money for the first, and generally for 
 the second and third time, intends paying it back, 
 but such intentions are mostly like those which we 
 are told form the pavement of a certain warm place, 
 the belief in which is now out of fashion. 
 
 Accordingly, no sooner was his day's work done, and 
 indeed he arranged to get away a little earlier on 
 purpose, than he took the advertisements from his 
 pocket, and selecting the most promising, made his 
 way to Watling Street. Surely, he thought, a man 
 with X75)000 to lend, will make no diflficuUy in 
 advancing ;^2o ? 
 
 There was nothing in the exterior appearance of the 
 building to alarm, frighten, or even suggest caution 
 to the most suspicious of his race. It was a clean, 
 quiet-looking edifice, with an open doorway, upon the 
 doorpost of which were affixed a series of brass plates,
 
 TOMKINS INTERVIEWS PHILANTHROPISTS 9 
 
 and on one he read the name of Mr Hardress, and in 
 very small letters in the corner the words : 'Isaacs & Co.' 
 If he puzzled for a moment to think why the 
 advertiser's name should be so small and why a ' Co.' 
 should be added to it, the thought passed through his 
 mind and disappeared. Overcoming a little natural 
 nervous trepidation caused by the object of his visit, 
 he slowly climbed up two flights of stairs and inspected 
 the doors. On the left was ' Mr Hardress, Private.' On 
 the right, 'Clerk's Office.' Isaacs & Co. did not 
 appear. He went up to the top of the building without 
 finding the name anywhere, and determined to inquire 
 at the 'Clerk's Office.' There was a long counter at 
 the end of which, behind a screened desk, a person 
 was sitting, who jumped from his seat and confronted 
 the visitor with a pair of bright, beady eyes, and a 
 hooked nose that projected far into space from his seedy 
 and careworn cheeks. 
 
 ' Is Mr Isaacs to be found here ? ' asked Tomkins, 
 rather nervously. 
 
 ' Well he is, but I think he's engaged. What's your 
 business with him ? ' 
 
 There was no escaping the inquiry of that sharp 
 face and the bright eyes that seemed to look right into 
 you. Tomkins felt inclined to reply that his business 
 was of a private nature, but something told him that 
 that would only lead to another question, so he said, 
 hesitatingl}^ : —
 
 lO HIS LITTLE BILL OF SALE 
 
 * Oh, I've come to ask for a small loan.' 
 
 Instantly, as if by magic, the manner of the clerk 
 changed in a way that it is almost impossible to de- 
 scribe. His air of hostile inquiry vanished, and with 
 the blandest smile that such a face was capable of, he 
 said : — 
 
 ' Oh, certainly ! I have no doubt Mr Isaacs will see 
 you, or Mr Hardress, if it is a large matter.' 
 
 ' It is not a large matter.' 
 
 The clerk shuffled to his desk, produced a small 
 printed form upon which he scratched some hiero- 
 glyphics, and requested Tomkins to write his name 
 at the bottom, in order, as he said, that he might ' take 
 it in to the governor.' 
 
 Tomkins did as he was requested without reading 
 it, and the clerk, after a momentary disappearance, 
 lifted up the flap of the counter and requested him 
 to walk in, pointing towards the door of an inner 
 room. Tomkins followed this direction, and was about 
 to turn the handle of the door, when the clerk, with a 
 nudge, said : ' There's a little fee of half-a-crown usually 
 paid before you consult the governor — it's my little 
 perquisite, you know.' 
 
 Tomkins was hardly prepared to part with any money 
 before he saw a prospect of his visit being successful, 
 but the insinuating manner of the clerk overcame his 
 prudence, and he slipped the half-crown into his hand. 
 He was rewarded by another bland smile and a whisper
 
 TOMKINS INTERVIEWS PHILANTHROPISTS I I 
 
 in his ear : ' Don't talk big to the governor, and you'll 
 find him a very decent fellow.' 
 
 It was a dingy-looking office, the furniture of which 
 consisted of a writing-table and three or four chairs. 
 There was hardly any fire in the grate ; the window 
 was curtainless, and the walls, which had apparently been 
 papered in the last century, were ornamented with one 
 or two shabby engravings. A large iron safe stood in 
 one corner, and beside it was a row of lettered deed 
 boxes. 
 
 At the table, in a rusty old leather arm-chair, sat 
 Isaacs & Co. with a lot of letters and papers strewn 
 on either side, and the form which Tomkins had signed 
 on the blotting-pad before him. 
 
 ' So, Mr Tomkins,' he said, waving his hand towards 
 one of the shabby chairs, * you vants to porrow a little 
 money ! Veil, Isaacs & Co. have got plenty to lend. 
 Is it yourself that vants the accommodation ? ' 
 
 ' Certainly,' said Tomkins, not very favourably 
 impressed with his interlocutor. 
 
 ' Ah, veil, and how much do you vant ? and is it 
 on a nice little reversion, or a pretty little mort- 
 gage, or shares in a limited company, or a pill of 
 Rothschilds ? ' 
 
 Tomkins did not quite understand this tirade, but 
 he thought it best to state his case at once. 
 
 ' No, Mr Isaacs, I only want a small loan, for my own 
 accommodation for a few months. I saw your advertise-
 
 12 HIS LITTLE BILL OF SALE 
 
 ment in the Standard^ and I thought you would be 
 able to assist me at, of course, a reasonable rate of 
 interest.' 
 
 ' Veil, veil, Mr Tomkins, don't be angry vit my little 
 joke, I daresay ve can oplige you. You vant fifty or a 
 hundret pounds.' 
 
 ' Twenty will be enough.' 
 
 ' Veil, we don't often lend twenty, but still, if you 
 don't mind paying for it, ve might do it. Now vat's 
 your security ? ' 
 
 * Security,' said Tomkins, ' well, I'll give you my note 
 of hand, that's what you say in your advertisement.' 
 
 Tomkins said this in perfect good faith, and without 
 the least hesitation. The Jew looked at him with a 
 long, keen, penetrating glance, and then, seeing that 
 his visitor was really in earnest, he threw himself back 
 in his chair and laughed till the walls rang with his 
 merriment. 
 
 ' Money on your note of hand — a bank clerk. Vat 
 does the fellow take us for ? Here, Solomon, come and 
 see a chap as vants to porrow vithout security.' 
 
 To this call, responded a big broad-shouldered man 
 with a clean shaven face and very red hair, who 
 had a most unprepossessing appearance, and came in 
 as if his assistance had been summoned to eject an 
 intruder. 
 
 ' Look at dat man, Hardress. Take a good all-round 
 squint at him,' said the Jew, pointing at Tomkins with
 
 TOMKINS INTERVIEWS PHILANTHROPISTS 1 3 
 
 his long, outstretched finger. ' He comes here, and he 
 actually thinks that I'll lend him /20 on his pretty face 
 vithout any security.' 
 
 • Well,' said Mr Hardress, in a mollifying tone, ' if he 
 is a gentleman of position, I do these things sometimes 
 if you are too cautious, and I don't charge as much as 
 you do, you old shark.' 
 
 ' A gentleman of position ! Why, he's a bank clerk. 
 Gets, I suppose, two quid a week, and has got to keep 
 a dozen children out of it. I never heard such 
 impudence in my life.' 
 
 Without replying, Hardress spoke to Tomkins : — 
 
 ' Never mind the old man. Could you give me two 
 respectable sureties — householders — and a reference to 
 your employers ? ' 
 
 Tomkins had by this time almost lost his temper. 
 He hardly began to recognise that the advertisement 
 was a trick, but he saw that he should not get the 
 money, and he was only anxious to escape from the 
 office, the air of which seemed to stifle him. 
 
 ' No ! I certainly could not,' he said. 
 
 Mr Hardress advanced a step : — 
 
 ' You must be either a fool or a swindler, sir, to 
 come here and expect that people arc going to lend 
 you money. Why, I daresay your rent isn't paid, and 
 I suppose your furniture is on the three years' 
 system.' 
 
 Tomkins' indignation knew no bounds. He rose, put
 
 14 HIS LITTLE BILL OF SALE 
 
 his hat firmly on his head, and looking Mr Hardress 
 full in the face, replied : — 
 
 ' My rent is always paid to the day, and my furniture 
 is my own — good morning.' And he walked towards 
 the door. But the old Jew stopped him, while 
 Hardress placed himself in his path. ' Shtop, shtop,' 
 said Isaacs, ' you haven't paid my fee ; I vant von 
 guinea.' 
 
 ' A guinea,' said Tomkins, * what for ? You've given 
 me nothing, and I've wasted my time coming here 
 through your 'false advertisement.' 
 
 ' Not so fast, my friend, and don't use abusive 
 language, it never pays — our fee is one guinea, and 
 you'll have to pay it.' 
 
 * I won't,' said Tomkins. 
 
 ' You'll not leave here till 3'ou do,' said Hardress, 
 menacingly. Our hero began to feel a little frightened, 
 and looked round for some means of escape, but he saw 
 none. 
 
 Isaacs, who was watching him all the time as a cat 
 does a mouse, began again : — 
 
 *You signed this vorm, my friend,' taking up the paper 
 from the desk and reading from it, ' and the under- 
 signed agrees to pay the sum of von guinea for pre- 
 liminary fee and consultation with the firm.' 
 
 ' I never,' said Tomkins, astounded. 
 
 Isaacs called his clerk. 
 
 'Jackson, didn't this gentleman sign this form ? '
 
 TOMKINS INTERVIEWS PHILANTHROPISTS 1 5 
 
 ' Yes, sir,' said the clerk. 
 
 'And didn't you read it to him and explain it as 
 usual ? ' 
 
 ' Yes, sir, as usual,' said Jackson. 
 
 ' Now, Mr Tomkins, will you pay this guinea, or must 
 we go into the County Court for it ? ' 
 
 And Hardress added : ' And serve the necessary 
 document at the bank.' 
 
 All this passed more quickly than one can describe, 
 and to Tomkins it afterwards seemed as if this scene 
 in the office was a dream, but at the moment it 
 appeared to him that he was powerless to resist the 
 two schemers opposing him, and there flashed through 
 his mind the terrible consequences that might ensue, 
 if his employers should learn his errand. Even if 
 inclined to resistance, he saw he would have little 
 chance against a man so broad and muscular as 
 Hardress. 
 
 Without a word he placed a guinea on the table, 
 and precipitately fled through the door that Hardress 
 immediately opened for him. 
 
 Tomkins returned home a sadder if not a wiser man. 
 He had not the courage to tell his wife what had 
 happened, and he had no sleep that night, thinking of 
 the way in which he who had expected a little pecuniary 
 assistance had been robbed of ^i, 3s 6d.
 
 CHAPTER III 
 
 THE GENEROSITY OF THE PRESENT CENTURY 
 
 The whole of the following day Tomkins was so crushed 
 in spirit that he went through his work mechanically. 
 He had fully intended to call at the address of one of 
 the other money lenders, who scatter their baits so 
 lavishly in the columns of our daily newspapers. He 
 had resolved to act with the utmost caution — he would 
 pay no clerk's fee, and he would sign no document. 
 He would examine the appearance of the office well 
 before he went in, and he would take care to have 
 nothing but a few shillings in his pocket. In this frame 
 of mind no one could delude him, and he might safely 
 ascertain if all the advertisers were as bad as Isaacs & Co. 
 But as the day waned, his courage evaporated. He 
 grew nervous, and at last turned his face homewards, 
 resolved to tell his wife that she must do without the 
 money, and put the best face upon it that he could. 
 When he got home, his mother-in-law was in the house, 
 and so the evening passed without the matter being 
 mentioned.
 
 GENEROSITY OF THE PRESENT CENTURY I 7 
 
 At breakfast the following morning, he was surprised 
 to find three letters awaiting him in entirely unknown 
 handwritings. His wife was not yet down, and he 
 turned them over nervously, dreading he knew not 
 what from their perusal. At last he summoned courage 
 to open them. The first read this way : — 
 
 pENCHtiRCH Street, E.G. 
 November l8g-. 
 
 The London Loan and Commercial 
 
 Accommodation Co. Limited. 
 Sir, — The above company has been ^:v/r^55/v established 
 for the purpose of affording temporary monetary assist- 
 ance to persons who may wish to avoid the publicity of 
 recourse to the ordinary channels, or to those, who, 
 while pretending to consult youi interest are merely 
 adding to your temporary embarrassments by charging 
 exorbitant interest for the small assistance they render, 
 and who generally weary you with negotiations until 
 your necessities place you wholly at their mercy. The 
 Company will advance sums from £\ and upwards 
 upon the easiest terms of repayment, agreed solely 
 with a view to your convenience, and at the smallest 
 possible rate of interest consistent with a remunera- 
 tion for its trouble. The favour of an early application 
 
 is solicited by — 
 
 Yours faithfully, 
 
 John Thomas Jones {Sccy^ 
 
 The capital of the Company being practically unlimited, 
 
 B
 
 1 8 HIS LITTLE BILL OF SALE 
 
 having the confidence of some of the leading capitahsts 
 of the financial world, the Directors have determined in 
 future to make cash advances upon all classes of security, 
 including Notes of Hand with and without sureties, Bills 
 of Sale, Furniture without removal. Life Policies, Deeds, 
 Reversions, and Leasehold and Freehold Securities of 
 all classes. Post-obit Bonds, etc. Four per cent, interest 
 only charged where possible. Terms of repayment 
 arranged to suit the borrower. 
 
 No forfeiture clauses. 
 
 No fees or commission charged. 
 
 Letters and telegrams receive immediate attention, 
 and loans can be carried out in any name and with the 
 strictest and most reliable privacy. 
 
 The next letter was shorter : — 
 
 5 Leinster Place, Southwark, 
 
 and Queen's Road, St Leonards. 
 
 Dear Sir, — Hearing that you are in want of temporary 
 assistance, I shall be most happy to be the means of 
 aiding you through the coming festive season. You 
 may rely upon the strictest privacy if you will favour me 
 with a call at my London address. 
 
 With Compliments of the Season, 
 
 Yours most obediently, 
 
 W. Cartwright. 
 
 Tomkins was much puzzled with this letter. Had he 
 a friend of whose existence he was unaware, or had his
 
 GENEROSITY OF THE PRESENT CENTURY IQ 
 
 wife been answering some advertisements behind his 
 back, and was this letter a reply ? Who was the Mr 
 Cartwright, with an address in Southwark and a seaside 
 establishment at St Leonards, so generously anxious to 
 assist him ? In this cogitation, he almost forgot that 
 there was another letter, but at last the fact that it 
 lay there unopened dawned upon him, and he broke 
 the envelope and read as follows : — 
 
 Craven Street, Strand, W.C. 
 
 November 189-. 
 
 Dear Friend, — Nothing is more sad than to see a 
 brother who may be in temporary difficulties fallen into 
 bad hands — decoyed into disaster like the innocent fly 
 in the web of the cruel spider. Having had large 
 experience of the miseries that result to those who are 
 foolish or inexperienced enough to be led by cunningly 
 devised advertisements to apply to professional money 
 lenders, who, under the specious guise of good intentions, 
 and by various delusive schemes of arrangement of the 
 mode of repayment, induce the unwary to believe that 
 they are getting money cheap, when in reality they are 
 often paying 300 per cent, and never less than 60 per 
 cent, for it, I venture to offer you the assistance of an 
 introduction to the undermentioned firm, with whom I 
 have long been connected, and who from my personal 
 knowledge I can safely say are in all their dealings 
 guided by principles of the strictest honour alone. Do 
 not hesitate for a moment to apply to me whether your
 
 20 HIS LITTLE BILL OF SALE 
 
 requirements are large or small, and be assured that 
 the strictest secrecy will be observed. I am always to 
 be found at the Bank from lo till 2. 
 I am, dear Friend, 
 
 Most sincerel}^ yours, 
 
 Arthur E. Sleimy. 
 The National Union Credit Discount 
 
 Premium and Deposit Bank. 
 
 With some little hesitation Tomkins threw the first 
 two letters into the fire ; he had had enough of the 
 business the da}' before ; in fact, when he came down 
 that morning he had fully given up the idea of borrow- 
 ing the money, so what was the use of keeping the 
 letters ? He was also on the point of destroying the 
 third one, but, alas! for the weakness of humanity — 
 it was couched in such pleasant terms, that he thought 
 he must read it through again, and having read it 
 through, it went into his pocket instead of the fire. 
 
 His breakfast was soon finished, and he went to his 
 work ; but all day long that fascinating proposal kept 
 floating before his eyes, and he read and re-read it, 
 until at last he thought he would just go and see the 
 ' dear friend.' There could at least be no harm in 
 making the acquaintance of one who professed to be 
 actuated by such benevolent motives towards would-be 
 borrowers. 
 
 As these reflections took considerable hold upon 
 Tomkins' mind, it was not surprising that he found 

 
 GENEROSITY OF THE PRESENT CENTURY 21 
 
 himself in the neighbourhood of Charing Cross before 
 his return home, and that with a hesitating manner he 
 entered the so-called Bank, and inquired for Mr 
 Sleimy. 
 
 Except from the fact that the ' National Union Credit 
 Discount Premium and Deposit Bank ' appeared in gold 
 letters on the wire window blind, there was nothing to 
 distinguish the premises from any other quiet business 
 place in the neighbourhood, and within, the only indica- 
 tions of business were two very juvenile clerks seated on 
 high stools in front of desks with large ledgers upon them ; 
 but one of these young men instantly showed him to a 
 room upon the door of which was painted : ' Mr Sleimy, 
 Private,' and introduced him to that gentleman. 
 
 ' Ah, my friend,' began the little fair man with reddish 
 whiskers, who cordially held out his hand to Tomkins, 
 and motioned him to be seated, ' I am so glad to be able 
 to save you from the snares and pitfalls that are spread 
 for the unwary borrower. Now, you are a respectable 
 man with a nice little home of your own, and things 
 have been going a little less well than they should, 
 and you want some temporary assistance. Well, why 
 shouldn't you be able to obtain it, upon fair terms, eh ? ' 
 
 Tomkins was about to tell him that he was not in 
 embarrassed circumstances, that he had merely thought 
 of borrowing a small sum for a little relaxation at 
 Christmas, but that he had changed his, mind, and 
 only called to know how Mr Sleimy came to communicate
 
 22 HIS LITTLE BILL OF SALE 
 
 with him. But he had hardly uttered three words when 
 the other stopped him : ' Now come, don't let us waste 
 time by going into unnecessary details. Believe me, you 
 come here to see a friend and not a shark or blood- 
 sucker. I won't let you be charged 60 per cent., and I'll 
 see that you are taken care of. I suppose you never 
 borrowed money before, and you hardly knew how to go 
 about it.' 
 
 ' That is true.' 
 
 ' Well then, here you are, and we'll have a glass 
 of wine together, and talk the matter over ; ' and 
 he produced a decanter of sherry and a couple of 
 glasses. Filling them, he handed one to Tomkins, saying, 
 ' That won't hurt you, and talking is very dry work. 
 Now, I daresay, you are thinking how I came to write 
 to you, and if you care to know, I don't mind telling 
 you that a brother clerk of yours, whose name it would 
 be a breach of confidence to mention, but who is an old 
 and dear friend of mine, happened to introduce your 
 name as that of a jolly good fellow, but he said he 
 thought you were looking a bit anxious, and were 
 perhaps worried about money matters. It struck me 
 that you might have got into the hands of some of 
 those wretches who prey upon the necessities of their 
 fellows, and that if I could assist you, I should be doing 
 you a good turn, and giving myself the pleasure of saving 
 one more fellow man.' 
 
 This was all said with such an air of truth and
 
 GENEROSITY OF THE PRESENT CENTURY 23 
 
 geniality, that Tomkins swallowed every word of it, 
 and no longer hesitated to trust the other entirely. 
 He drank his wine, his scruples vanished, and he began 
 to feel at home. 
 
 Sleimy, talking away upon indifferent subjects all the 
 while, watched his man until he felt he had secured his 
 confidence, and then adroitly led the conversation back 
 to the business in hand. 
 
 ' Now, you know, borrowing money is a very easy 
 thing, and a very safe thing, if you have the good 
 fortune to come at once to the right people. Of course, 
 the bank here who assist most of my friends want some 
 little security, but the signature of a friend, or a good 
 trade reference, or a little bill of sale is quite good enough 
 for them, if I tell them they are all right.' 
 
 ' I wouldn't think of a bill of sale,' said Tomkins, 
 alarmed. 
 
 ' Of course not, of course not ; your furniture is 
 perhaps your wife's, or it is on the hire system.' 
 
 ' No, no, no,' said Tomkins, ' my little home is my 
 own, and my few sticks were paid for honestly, and with 
 my own money.' 
 
 ' Ah, well, I beg your pardon, but there are so many 
 people even in the highest circles nowadays with nothing 
 but hired furniture in their houses ; you would like to 
 pay the money back by easy instalments, say, a couple of 
 pounds a month, and you oughtn't to pay more than 10 
 per cent, interest.'
 
 24 HIS LITTLE BILL OF SALE 
 
 Tomkins, who had now been helped to a second glass 
 of wine, nodded assent. 
 
 ' Well, you needn't trouble about it. I'll arrange it all 
 for you, and if at any time 3^ou have the least difficulty 
 in meeting a payment, I can arrange it with the bank. 
 You'll behave like a gentleman, and you'll be treated like 
 a friend, not a victim ; now, how much would you like, 
 and when do you want it ? ' 
 
 Twenty pounds would be enough — I can do with 
 ^15. I am in no hurry for the money, but I should 
 like it within a week.' 
 
 ' Oh, dear me ! you can have it, certainly, in two days, 
 and I don't mind giving you a fiver now of my own. I 
 like you. You are a jolly good fellow.' And he pulled 
 out a pocket-book well stuffed with bank-notes, and 
 made a great show of selecting one, but Tomkins 
 motioned him to put it back. 
 
 ' No, no, I'm not in such a hurry — Thursday evening 
 about this time will do very well ; but, tell me, what 
 security do you want ? ' 
 
 ' Oh, you leave that to me. I daresay your note of 
 hand will be quite enough, as I shall say I know you, and 
 you are all right.' 
 
 Tomkins, who had got a little bit hazy with the 
 wine and the volubility of Sleimy, now took up his 
 hat to go, and said, 'Good-bye, and thank you.' 
 
 ' Good-bye,' said the other, shaking him warmly by 
 the hand, ' I am very pleased to have met you. Oh !
 
 GENEROSITY OF THE PRESENT CENTURY 25 
 
 by the way, you may just as well put your name and 
 address here so that I may not forget our appointment.' 
 
 Tomkins was sufficiently himself to recollect what 
 had happened before through his unconsciously putting 
 his name on a piece of paper, so he was careful to see 
 that there was no form upon it, but it was in truth only 
 a blank slip of paper, and he wrote his name and address 
 and the hour of his appointment, and handed it back to 
 Sleimy, who once more shook hands Avith him effusively 
 and showed him to the door. 
 
 ' My, what a mug ! ' said Sleimy, as he put the paper 
 in his desk and lit a cigar.
 
 CHAPTER IV 
 
 EASILY BORROWED 
 
 ToMKiNS was rather more than himself that evening. 
 He kissed his wife with most unusual affection. He 
 had the children round his knees and let them make as 
 much noise as they liked, and he actually took a second 
 glass of whisky and water before going to bed. And 
 when the children had retired he opened his heart to 
 his spouse, and told her how happy he was to be able 
 to give her the gratification of her fond desires. 
 
 'I've got,' said he, 'a fellow to lend me a little 
 money.' 
 
 Mrs Tomkins beamed up at once. 
 
 ' How much, my dear ? ' 
 
 'Well it will be about ^20, and you can huve £1$-' 
 He thought it as well to reserve £e, for contingencies. 
 
 ' You'll be able to have your mother and sisters here 
 at Christmas, and the little treat you spoke of, and the 
 children can have some new things, while I think of 
 treating myself to a new pipe.' 
 
 Mrs Tomkins was delighted. She put her arms round
 
 EASILY BORROWED 27 
 
 his neck and gave him a good hug and two or three 
 old-fashioned kisses, such as he had not enjoyed for 
 years. And then her affection and gratitude developed 
 into a fit of feigned solicitude. 
 
 'I hope, my darling, you are not going to pay too 
 much for the money — that it won't lead you into 
 difficulties, and that you see your way clear to repay it ; 
 for, if not, half the pleasure of your kindness would be 
 spoilt for me.' 
 
 ' Yes,' he said, calculating on his fingers, ' with 
 economy and the money Jones owes me, I think there 
 will be no difficulty about that.' 
 
 ' And when will you have it, dear ? ' she asked, con- 
 templating little trips to Whiteley's, Garrould's, and 
 other favourite drapery establishments where she had 
 again and again gazed with longing eyes at the pretty 
 things displayed in the windows, marked at such 
 wonderfully low figures, ending in the invariable fd. 
 
 Tomkins thought it best to be on the safe side, and 
 told her he expected it on Monday. 
 
 There was great peace, much happiness and 
 interchange of mutual confidences in the Tomkins' 
 family during the next two days, which passed with 
 unusual rapidity — and on Thursday evening our friend 
 found himself, punctual to his appointment, at the 
 office of the National Union Credit Discount Premium 
 and Deposit Bank. 
 
 Mr Sleimy was a man of too great experience in his
 
 28 HIS LITTLE BILL OF SALE 
 
 business to entertain any doubt that his new customer, 
 Tomkins, would appear at the time named, and that 
 with a Httle adroitness he could persuade him into any 
 transaction that he felt necessary for his purpose, con- 
 sequently everything was ready by four o'clock on 
 Thursday afternoon, and he smiled to himself and 
 warmed his hands over the glowing fire as he thought 
 how well the bait of the sympathetic letter was 
 beginning to take. Tomkins was not his only client 
 by a long way. The bank was flourishing and rapidly 
 making large sums of money, and as he and his friends 
 practically were the bank, the prospect was very satis- 
 factory. It was somewhat hard work hunting up 
 clients, but he managed it, and he had at present no 
 cause to think that the supply of money borrowers was 
 getting exhausted. He thought it as well to run his 
 eye through the little documents he had prepared for 
 Tomkins once more, and by the time he had finished 
 doing so to his satisfaction, the clock struck the half- 
 hour, and within about three minutes Tomkins made 
 his appearance and was shown in. 
 
 ' My dear Tomkins,' exclaimed he, jumping up from 
 the table and shaking him heartily by the hand, ' I 
 am delighted to see you. I have had a very dull 
 afternoon ; the weather is cold and people are beginning 
 to leave town for Christmas. Come, sit down b}' the 
 fire and we will have a cigar and a drink.' 
 
 He made Tomkins take the largest and most com-
 
 EASILY BORROWED 29 
 
 fortable arm-chair in the room, which he drew up to 
 the fire and gave our hero a fine Havannah from his 
 cigar-case, while he took and hghted one himself and 
 then sat down opposite him. He rang the bell, and 
 one of the clerks brought in the sherry and glasses, 
 and he insisted on Tomkins smoking and drinking with 
 him, and declined to hear a word about business in spite 
 of Tomkins' repeated efforts to get to the subject matter 
 of his visit. 
 
 * My dear fellow, don't bother yourself about that, 
 it is all right, everything is arranged with the bank. 
 Now don't worry yourself, just sit here and smoke and 
 enjoy life while you can, that's my motto. I ought 
 not to be in bad spirits to-day, for I have just had a 
 stroke of luck.' 
 
 Tomkins was constrained to inquire what it was. 
 
 ' Oh, it is not a thing that is altogether unusual, but 
 it makes me very happy. There was a poor fellow 
 came in here, a clerk in the civil service I think he 
 was, or something of that sort. He had got into the 
 clutches of a bill of sale man, named Farwell, a notorious 
 scamp — a fellow, my dear Tomkins, without any con- 
 science or remorse, who will charge 500 or 5000 per 
 cent, if he can get it, and after he has fleeced a chap 
 out of every penny he has got, will turn him out of 
 his house and home with no more compunction than 
 you would feel at killing a fly. Well, this poor devil 
 was just about to have his home sold up by Farwell,
 
 30 HIS LITTLE BILL OF SALE 
 
 who had been getting 200 per cent, out of him for 
 eighteen months, and had his money paid back several 
 times over, when he came to me, I soon sent Mr 
 Farwell to the right about, and lent him the money at 
 5 per cent., which I shall never ask him for unless he 
 likes to pay it. I saved his situation for him and his 
 home, and sent him away a happy man ; I assure you 
 that gives me more pleasure than if I had made a ^^looo.' 
 
 Sleimy kept watching his man while he was telling 
 this tale to see if he was going too far, but he perceived 
 that Tomkins took it all in, and when he had finished, 
 simply said: 'Well, that was very good of you, but 
 will he come back ? ' 
 
 ' Of course he will, I always know my man. I knew 
 I could trust you the moment I saw you. How do you 
 like that cigar ? ' 
 
 'It's capital,' said Tomkins. 'I don't know that I 
 have ever tasted a better. You know I generally smoke 
 a pipe.' 
 
 ' You are not getting on with your sherry. I sa}', 
 would you try a little bitters in it ? I have got a new 
 bitters here, which has been very strongly recommended 
 to me by an American firm, and they want me to 
 become agents for them.' 
 
 He went to the cupboard and brought out a small 
 bottle with an elaborate label on it. 
 
 * You have no idea how it improves one's wine, 
 but I rather doubt if it will pay, because it is very
 
 EASILY BORROWED 3 I 
 
 strong and you only put a drop or two in the glass — 
 like this.' As he did so, he held up his own glass, 
 and pretended to put a drop or two in, but in reality 
 scarcely let any fall. He then took Tomkins' glass, 
 filled it well up, and shook up in it two or three 
 drops of the supposed bitters. 
 
 ' You just drink that straight down, my good fellow, 
 and tell me if it's fine.' 
 
 It must be stated that Tomkins was not in any way a 
 judge of wine, and like most persons whose palate was 
 unaccustomed to fashionable drinks, thought dry sherry 
 rather nasty. With the bitters in it, he liked it much 
 better, and he said so. He had not drunk his wine 
 very long before he began to feel a little bit muddled, 
 and thinking that it was the wine and the cigar that 
 were overcoming him, he said, ' If you don't mind, Mr 
 Sleimy, we will just finish our business, as I would like 
 to get home.' 
 
 Sleimy perceived that his man was just in the 
 condition that he wanted, but he said, * My dear 
 Tomkins, I am sorry you are in such a hurry to leave 
 me. I like chatting with you, but still, I know what 
 it is when a man has little money anxieties on his mind, 
 and therefore I will put you out of them at once. You 
 said you wanted ;^20. I am going to lend you ^30, 
 but you can pay me back £<, or £\o now if you like.' 
 
 Tomkins had sufficient sense left to think this pro- 
 position curious.
 
 ';2 HIS LITTLE BILL OF SALE 
 
 O 
 
 ' I don't quite see why I should do that,' said he. 
 
 * Well, well,' said the other, ' I will just tell you why. 
 You see, it is the bank going to lend you the money, 
 and they never lend, as a rule, anything under ^50, 
 but I have persuaded them to relax to the extent of 
 ;^2o in your case, but they won't let it appear on their 
 books that they are lending less than ^30.* You see, 
 it is all the same, because you will have to pay back 
 the ^20 and 5 per cent, interest only. Let me see — I 
 think you said you had two householders as sureties.' 
 
 Tomkins pricked up his ears. He knew he had never 
 said anything of the sort, and indeed, Mr Sleirny had 
 never asked him for sureties. Was it possible he had 
 innocently forgotten what took place at their last inter- 
 view ? ' You told me,' he said, ' you did not require 
 sureties.' 
 
 * Oh, yes, of course,' said Sleimy, ' I was thinking of 
 another matter, but then, you know, the interest will be 
 a little more, that's all. Don't bother your head about 
 that. How will you have the money — cheque, bank- 
 notes, or gold ? ' 
 
 ' Oh, £^ bank-notes will do.' 
 
 Mr Sleimy rang the bell, and one of the clerks 
 entered. 'John,' he said, 'just make out a promissory 
 note for Mr Thomas Tomkins for ^30, and a receipt to 
 me for £10^ and bring the documents in.' 
 
 * A Bill of Sale for less than £10 is void under the Act of 1882.
 
 EASILY BORROWED 2)3 
 
 John left the room and returned in about five minutes 
 with several documents, which he put on Mr Sleimy's 
 table, and stood waiting for further directions. 
 
 ' You will see Mr Tomkins sign this, please. Here's 
 the money, my friend.' He drew out his pocket-book 
 and counted out six -^^ notes. 
 
 Tomkins was by this time so under the influence of 
 the wine, and that which had been put in it, and also 
 so completely in the hands of the oily Mr Sleimy, that 
 he was practically prepared to sign anything or do any- 
 thing that he was requested to do. 
 
 Mr Sleimy handed him the £30, and he returned two 
 of the £s notes. The clerk then put before him the 
 promissory note, and told him where to write his name, 
 which he did without looking at the document, or taking 
 any notice of what it contained. Mr Sleimy kept 
 talking to him all the time, for the express purpose of 
 diverting his attention. The clerk then smuggled in 
 before him, at the table where he was sitting, a bigger 
 document, and told him to sign that. 
 
 Tomkins was about to make a protest that he did not 
 like signing a thing without reading it, but Mr Sleimy 
 stood over him. * It's all right, my dear fellow, you have 
 only got to put your name as a matter of form to the 
 bank. You pay me back £2 per month, and you will hear 
 nothing more about it.' , 
 
 Tomkins tried to make another visible protest, but his 
 head was really too far gone, and he signed his name in 
 
 C
 
 34 HIS LITTLE BILL OF SALE 
 
 the two places indicated by the clerk, and Mr Sleim}' 
 then sat down on the opposite side of the table and 
 signed the receipt, and handed it to Tomkins, saying : 
 ' There is your acknowledgment that you have paid me 
 back £\o ; you only owe £20^ and you have got nearly 
 till next Christmas to pay it all. Now you will be able 
 to enjoy yourself. If you want a little more at any time, 
 or you havie any friends in trouble, you come to me or 
 send them, and I will look after them like a father.'
 
 CHAPTER V 
 
 OUT OF THE DIFFICULTIES 
 
 How he reached home that evening our hero never 
 exactly knew. He remembered putting the bank-notes 
 into his pocket and buttoning up his coat, but when he 
 quitted the portals of the hospitable National Union 
 Credit Discount Premium and Deposit Bank, and 
 found himself in the open air, his dazed condition 
 increased. It seems, however, that he must have got 
 into an omnibus and taken his usual route home, for 
 he arrived there just before tea-time, and threw himself 
 on the sofa in an apparently helpless condition. Mrs 
 Tomkins looked at her spouse with suspicion. In reply 
 to the questions as to what was the matter with him, 
 and whether he felt ill, he only gave incoherent replies. 
 His mother-in-law looked at him lying down and breath- 
 ing somewhat heavily, and called her daughter into the 
 next room. 
 
 'My dear,' she said solemnly, 'does this often 
 happen ? ' 
 
 ' What, mamma ? '
 
 36 HIS LITTLE BILL OF SALE 
 
 ' How blind some people are ! ' exclaimed the old lady. 
 * Your husband coming home like this in a state of hope- 
 less intoxication.' 
 
 * Mother, how can you suggest such a thing ; my 
 dear Tom never drinks ; I am sure he is ill.' 
 
 ' Oh yes, my dear,' said the old woman, shaking her 
 head, ' that's what they call it as long as they can. 
 I've seen too much of it in my time ; your husband's 
 been drinking, and I'll give him a bit of my mind when 
 he comes round, I can tell you.' 
 
 ' I don't believe it, mamma. Tom is as sober as a 
 judge (how sober that exactly is we don't know), I 
 am sure he never drinks in the daytime. He must 
 be ill. I shall get him a cup of tea, and if he is not 
 better, I shall send for Dr Jones. I hope he has not 
 got the influenza.' 
 
 ' My dear child, it is whisky, and nothing but whisky, 
 or it may be beer. You give him some soda water, and 
 take my advice and have a good talk to him, and stop 
 it at once.' 
 
 ' Mother, I won't hear another word against Tom,' 
 and the poor little lady burst into a flood of tears. 
 
 Meanwhile, their little servant had acted with more 
 sense than either Tomkins' wife or his mother-in-law, 
 and made him a good cup of strong tea, and got him 
 to drink it, and shortly afterwards he revived, only to 
 complain of a great pain in his head. The children 
 were kept quiet. The ladies came into the room and 
 
 I 
 
 I
 
 OUT OF THE DIFFICULTIES 37 
 
 ate their meal in silence, and Tomkins very soon 
 afterwards went up to bed saying that he felt better, 
 but sleepy. The next morning he was himself again, 
 and while he was dressing, discoursed to his wife in 
 somewhat more than usual good spirits. 
 
 ' Well, my dear, I have succeeded in getting the 
 money for you.' 
 
 ' I knew you would, Tom, you are always such a 
 good fellow, though you sometimes make a fuss about 
 it at first, you generally do what I ask you.' 
 
 ' You are the best little woman in the world,' he replied, 
 'and I always like to give you pleasure. There's £1^ 
 for you ; you must make it go as far as possible, for 
 I have got to pay it back, and if you don't spend it all, 
 you know, you can let me have what is left.' 
 
 ' Are you paying much for it, dear ? ' 
 
 ' No, I suppose you can't borrow money without 
 paying interest, but the man said it was only 5 per 
 cent.' 
 
 ' Oh, that's all right,' she said. ' Now, I can get the 
 children their clothes, and we can have our little party 
 at Christmas. We shall enjoy ourselves, and it is very 
 good of you,' and she gave him a very pretty little kiss, 
 and then added : ' Oh, by the way, I forgot to tell you, 
 love, that the day before yesterday two gentlemen called 
 here.' 
 
 ' Indeed,' said Tomkins, ' and what did they want, 
 pray ? '
 
 2,S> HIS LITTLE BILL OF SALE 
 
 ' Well, one of them was a very nice man, very civil, 
 and quite a gentleman. He said that they were looking 
 at a house a few doors off with a view of taking it for 
 a friend. You know No. 17 has been to let for some 
 time, and they wanted to know how the houses looked 
 furnished, and asked permission to see ours. He said 
 he knew you at the bank and spoke very warmly of you, 
 so I thought it was all right, and I let them come in. 
 They were quite delighted with our little house, and 
 said they thought they would furnish No. 17 in exactly 
 the same style. They were very pleasant, and I let them 
 see all over it, and they made a lot of notes on the 
 furniture and carpets, and how the rooms looked, and 
 drew little plans of how the furniture was placed.' 
 
 Tomkins thought to himself this was very curious, but 
 he only said, ' I hope you offered them something, 
 although I cannot for the life of me think who the man 
 was who said he knew me, but one likes to be civil 
 to prospective neighbours.' 
 
 * Oh, yes,' said his wife, ' of course we do. They had 
 some whisky and water, and they sat chatting some time. 
 In fact, I tried to keep them till I thought you would be 
 home, but they would not stay, and said they would 
 call again next time they came up with their friend to 
 decide upon the house.' 
 
 ' Well,' said Tomkins, ' I suppose it is all right, and we 
 shall see them again. We have several pleasant neigh- 
 bours, and there will be no harm in an addition to them.
 
 OUT OF THE DIFFICULTIES 39 
 
 Now, I must get my breakfast and go to work, and you 
 will be able to amuse yourself, with your mother, with a 
 day or two's shopping.' 
 
 ' Thanks to you ; yes, dear,' she said. 
 
 They went down to breakfast. Tomkins' mother-in- 
 law, seeing her daughter in good spirits, reserved the 
 little advice that she intended to give for a future 
 occasion, and Tomkins went forth to his day's labour as 
 usual.
 
 CHAPTER VI 
 
 THE MATURING OF THE LOAN 
 
 The few days that intervened before Christmas were 
 thoroughly enjoyable to the whole of the Tomkins 
 family. Mrs Tomkins was full of her purchases and 
 preparations for the Christmas festivities, and her 
 mother's hands were full helping her. The children 
 were delighted with their new clothes and the prepara- 
 tions for their Christmas parties, and they behaved 
 themselves well in consequence ; and Tomkins himself 
 was only too pleased that he had been able to make 
 his family happy, and perhaps he may be forgiven if he 
 took too sanguine a view of his resources in the future. 
 It is a good thing for humanity at large that the 
 majority of us go forward through life from day to day, 
 with a mind thoroughly attuned to the maxim that 
 ' sufficient for the day is the evil thereof.' It is just 
 as well not to anticipate troubles, for the anticipation in 
 no way lightens them, nor, as a general rule, enables 
 people to bear them better. The reader will probably 
 be able to imagine how the Christmas festivities at our
 
 THE MATURING OF THE LOAN 4 1 
 
 hero's house passed off". Suffice it for us to say that every 
 one, not excepting Tomkins, thoroughly enjoyed them- 
 selves. Mrs Tomkins did the honours to her husband's 
 guests in the most satisfactory manner, and after their 
 little entertainment, they were in their turn entertained 
 by their friends and neighbours, and when the New 
 Year dawned, there was a general agreement in the 
 family, that the foregoing week had been one of the 
 pleasantest ever spent by them. Soon after the com- 
 mencement of the New Year, however, that strange 
 rule of life, which seems always to demand of poor 
 humanity additional suff"ering for additional pleasure, 
 began to demonstrate its existence to Tomkins and his 
 household. 
 
 The first thing that happened was that Mrs Tomkins 
 caught a very bad cold, which gradually developed itself 
 into an attack of influenza, and although she struggled 
 bravely against the effects of that dreadful epidemic, she 
 was at last compelled to take to her bed, and the doctor 
 was called in. In small households, it is next to im- 
 possible to isolate infectious complaints, and it naturally 
 followed, that first one, and then the other of the 
 children were attacked with more or less severity. 
 Tomkins himself was fortunate enough to escape with 
 nothing worse than an ordinary cold in the head, but it 
 grieved him much to see his wife sufifering, and he was 
 compelled to spend the few shillings a week that he 
 had intended laying by towards the repayment of his
 
 42 HIS LITTLE BILL OF SALE 
 
 loan, to secure additional comforts and nourishment 
 for her. However, this did not trouble him much, 
 because he had Mr Sleimy's assurance that the loan 
 could be renewed, and at present he had no reason 
 to doubt that gentleman's word, or the honest}^ of his 
 intentions. Nevertheless, as the month of January 
 advanced, he began to get uneasy, and he left home 
 every day resolving to call on Mr Sleimy to reassure 
 himself upon this point, but one thing and the other 
 occurred to prevent him, and ihe was still intending to 
 go daily, when one morning he received the following 
 letter. 
 
 \^th January i8 — 
 
 National Union Credit Discount Premium 
 
 and Deposit Banking Company. 
 
 Sir, — I have to remind you that an instalment of £2 
 
 becomes due to the Bank on the 23rd instant, and to 
 
 request you either to call and pay that sum, or remit the 
 
 amount by cheque or postal order at your convenience. 
 
 Yours obediently, 
 
 John Arthur. 
 To Mr Thomas Tomkins, 
 
 Villas, Wandsworth. 
 
 Now, although Tomkins knew perfectly well that he 
 was under an obligation to pay this money, he had not, 
 it must be confessed, realised the position. This letter, 
 and the form of demand it contained, acted as a rude 
 awakener and warning. Nevertheless, he felt so confident
 
 THE MATURING OF THE LOAN 43 
 
 of Mr Sleimy's good nature and his willingness to 
 accommodate him, that he felt sure that all he had to do 
 was to go and see that gentleman and get a little further 
 time. He accordingly called at the bank on his way 
 home in the evening, but was so unfortunate as not 
 to find Mr Sleimy in. The failure was annoying, but, 
 nevertheless, he did not feel anxious, and repeated his 
 visit the next day, only to be again unsuccessful. Mr 
 Sleimy was not in, but the clerk told him if he left 
 a note it would be at once attended to, and Tomkins, 
 accordingly, wrote a little missive and explained how 
 he was situated and asked for a few days' grace. To 
 this he received no answer, but he still thought it 
 would be all right, and at worst that a County Court 
 Summons for the £2 might be issued against him, which 
 he knew he would be able to pay at the end of the 
 week, out of some money a friend had promised him. 
 Judge his surprise and astonishment, therefore, on arriving 
 home on the evening of the 23rd, he found his wife 
 in tears, and as soon as he could quiet her and get at 
 the cause of her distress, he ascertained that two rough- 
 looking men had made their appearance about three 
 o'clock in the afternoon and demanded ^34, and on her 
 telling them she could not pay it, had insisted on re- 
 maining in the house. 
 
 'I should have sent for a policeman, my dear,' she 
 said, ' but I thought there would be a scandal, and they 
 said they held your authority to remain, so I thought
 
 44 HIS LITTLE BILL OF SALE 
 
 it was best to let them sit in the kitchen till you 
 returned, and now please go and turn them out.' 
 
 ' I never heard of such a thing in my life,' said 
 Tomkins. ' I will march them out pretty quick. It 
 is true I have not yet paid £2^ the first instalment of 
 the money I borrowed at Christmas, but I have not 
 been sued for it, and I have given nobody any right to 
 come into my house. Cheer up, little woman, it will be 
 all right in five minutes.' 
 
 Tomkins immediately descended into the kitchen — 
 a region with which he was not very familiar — and 
 after breaking his shins against different obstacles in 
 the passage, he found his way and discovered two low- 
 looking men seated at a table, and enjoying the remains 
 of a cold leg of mutton upon which he himself had 
 intended supping. At the first glance, he saw that his 
 prospects of a good meal were materially diminished. 
 This did not predispose him to politeness, and he 
 asked the men somewhat angrily, ' What do you want 
 here ? ' 
 
 One of them jumped up with an oath, but his companion, 
 who, in spite of a rough exterior, was a good-natured 
 fellow at bottom, laid his hand upon him, and said, 
 ' I guess it's the governor ; ' and then to Tomkins, ' It's 
 all right, sir, we shan't annoy you, and if it's convenient 
 for you to pay up at once, we'll clear out.' 
 
 Tomkins had intended to summarily eject these men, 
 but a first glance satisfied him that in a personal conflict
 
 THE MATURING OF THE LOAN 45 
 
 he would not get much the best of it, as they were 
 both strong and far more powerful than himself. He 
 had a wholesome horror of anything like a row in his 
 house, or an appeal to the police, so he thought it best 
 to temporise, and he asked the men in as polite a 
 tone as his feelings of indignation would permit, what 
 they wanted and what they meant by their presence? 
 
 The rougher of the two was again about to make 
 some angry answer, but his companion restrained him 
 and took it upon himself to answer : ' It's all right, 
 governor, we've come in for your friends under their 
 bill of sale. If you are prepared to pay, we'll go at once, 
 only we'd like to finish our supper ; wouldn't we. Jack ? ' 
 
 The other added : ' I don't think the governor will send 
 us away to-night.' 
 
 ' Bill of sale ! ' said Tomkins, ' what do you mean ? I 
 never gave any bill of sale in my life, nor borrowed 
 any money from the bank, and the few pounds I 
 had from Mr Sleimy, he told me I could pay when- 
 ever I liked.' 
 
 * Ah ! ' said the fellow who had been addressed as 
 Jack, laughing heartily, ' another of old Sleimy's 
 injured victims. He is such a bad man of business, and 
 he is always getting the bank into trouble. However, 
 governor, we have nothing to do with Sleimy. We have 
 come in for the bank, and unless you ar^ going to 
 pay, we are going to stop.' 
 
 ' We will see about that,' said Tomkinsw ' I have
 
 46 HIS LITTLE BILL OF SALE 
 
 nothing to do with your bank, and I have given no 
 authority to anybody to come into my house, and 
 if you don't go peaceably, I shall have the police in 
 and turn you out.' 
 
 Jack burst into a loud gaffaw of laughter. ' We've , 
 
 heard that sort of thing before, governor, and it 
 don't frighten us. The bill of sale is our authority 
 to hold possession. We are sorry to put a gentleman 
 like yourself to any inconvenience, but we have got 
 to do our duty to our employers.' 
 
 ' Bill of sale ! ' said Tomkins again, ' what bill of 
 sale ? I told you already I have given no bill of 
 sale. Where is it ? ' 
 
 'Well,' replied Jack, *I suppose the gentleman has 
 a right to see the bill of sale if he wants to. Show 
 it him, Tom, you have got it.' 
 
 Tom thus appealed to, produced a formidable-looking 
 document, with the contents of which we shall not 
 trouble our readers now, as it will be necessary to 
 give it later. Tom unfolded it slowly, and held it 
 out to Tomkins, but, in the most offensive way, kept 
 it a distance from him, as if he feared an attempt to 
 take possession of it. Tomkins had no recollection 
 of ever having seen such a document before, but, sure 
 enough, at the bottom of it was his signature, and 
 it now flashed across his mind that Mr Sleimy had 
 deceived him, and that when he imagined he was 
 merely signing a promissory note, this document must
 
 THE MATURING OF THE LOAN 47 
 
 have been substituted. The men saw at once, and 
 were, of course, prepared, by experience, for the effect 
 this document would produce, and Jack said : — 
 
 ' You see, governor, it's all right, though you probably 
 forget this document.' 
 
 ' Forget,' said Tomkins, ' it's a downright fraud.' 
 
 ' Is not that your signature ? ' said Tom. Tomkins 
 could not deny it. ' Don't you use any strong language, 
 governor, and we will get on better. The amount due 
 on this 'ere document is £^2^ principal and interest, and 
 £,2 expenses of our taking possession. If you pays 
 it, out we goes, and we will be glad to drink your 
 health and the missus' health. If not, here we are 
 and here we stop.' 
 
 Tomkins was almost speechless with rage. He 
 grasped the table for support, and had he seen any 
 chance of success in a personal combat with the men, 
 he would not have hesitated a moment in ejecting 
 them by force ; but the servants of the National Union 
 Credit Discount Premium and Deposit Bank were chosen 
 with a view to such contingencies, and all he could do was 
 to glare at them in silence till he recovered his com- 
 posure. Then he said : ' If you two men insist upon 
 remaining here under that document, which I tell 
 you was obtained from me by fraud, you do so at 
 your peril, but you won't eat my food and burn my 
 gas, and I will make you and your employers pay 
 pretty dear for this before I have done with them.
 
 48 HIS LITTLE BILL OF SALE 
 
 I admit I owe £2 to Mr Sleimy. Will you go 
 peaceably if I give you that ? ' 
 
 'Now, governor, you talk sense,' said Tom. 'Un- 
 fortunately we have instructions not to go without 
 the whole lot, as you have made a default, and we 
 are bound to do as we are told, you know.' 
 
 ' All right,' said Tomkins, and he rushed upstairs 
 in a rage. But when he again entered his wife's bed- 
 room and beheld her in tears, his anger evaporated, 
 and it was in a melancholy tone that he explained 
 the situation to her, and made her understand how 
 his signature had evidently been obtained to a docu- 
 ment that he had never agreed to execute, or had 
 any intention of executing. The poor little woman 
 was much distressed and grieved at the idea of being 
 compelled to tolerate, even for a single night, the 
 presence of the men in possession. But she had, 
 nevertheless, the sense to see that her husband was 
 powerless at the moment, and she therefore put the 
 best face upon matters that she could, and got her 
 husband his supper from such portions of the leg 
 of mutton as remained. First experiences in troubles 
 of this kind are always excessively painful, and those 
 who have gone through them, alone can know how 
 deep is the sense of humiliation and distress at such a 
 catastrophe, and for poor Mrs Tomkins, these feelings 
 were accentuated by remorse and regret that she was 
 the primary cause of the present embarrassment. She
 
 THE MATURING OF THE LOAN 49 
 
 lay awake half the night, and long after Tomkins 
 himself was slumbering, trying to contrive some possible 
 means of assisting her husband. She would, of course, 
 sell her watch and such few little trinkets as she 
 possessed if it would be of any use, but she feared that 
 the outside value of all her belongings would not exceed 
 a few pounds, and that would not go far to satisfy a 
 claim of £^0. She began to fear the very worst for 
 their poor little home which had hitherto been so 
 bright and cheerful, and she shuddered to think of 
 their children's future, if they had to leave their little 
 house, and go and live in miserable lodgings. This 
 had been the fate of some friends of hers who had 
 recently been overtaken by similar difficulties in 
 consequence of an unsuccessful lawsuit. Why had 
 she not thought of all this before ? She had urged 
 her husband to borrow money for their Christmas 
 festivities, which, now that they were over, seemed to 
 have been altogether unworthy the anxiety and 
 trouble of the present moment, and thus did she 
 continue to reproach herself, until in the early hours 
 of the morning she got to rest. 
 
 D
 
 CHAPTER VII 
 
 HOW THE BANK BEHAVED 
 
 ToMKiNS rose the next morning a sader if not a wiser 
 man. As yet, he did not feel absolutely certain that Mr 
 Sleimy was altogether as bad as from present appearances 
 he seemed. He resolved that his first step should be to 
 endeavour to see that gentleman and ascertain from him, 
 personally, whether or not he was responsible for what 
 had happened. Over the breakfast table his wife un- 
 folded the various schemes that had been running 
 through her head during the night for raising the 
 necessary funds, but while he could not help being 
 touched by her devotion and self-sacrifice, he was 
 obliged to point out to her that they were altogether 
 inadequate to the present situation. However, he did so 
 as kindly as possible, and in a way that avoided hurting 
 her feehngs, assuring her that the matter would be all 
 right that evening, or, at latest, the next day. He went 
 forth in the hopes of being able to interview Mr Sleimy 
 on his road to his daily occupation. Tomkins' hopes of 
 a speedy settlement of the difficulty of the situation
 
 HOW THE BANK BEHAVED 5I 
 
 were destined to a rude overthrow. When he arrived at 
 the bank he was told that Mr Sleimy was still away, and 
 that there was no chance of seeing him for the next 
 three or four days. 
 
 'But,' said Tomkins to the clerk who gave him this 
 message, ' the matter is very urgent, and I can't wait 
 three or four days. Can you give me his address, and I 
 will go and see him.' 
 
 * Oh, dear no ! ' said the clerk, ' I can't possibly do that.' 
 
 ' But what am I to do,' said Tomkins. ' In three or 
 four days it will be too late.' 
 
 The clerk was too much accustomed to the business 
 of evasion towards persons in Tomkins' position to be 
 moved by his distress, but he had received no special 
 instructions with regard to this case, and he, there- 
 fore, thought there could be no harm in his offering 
 a suggestion. 
 
 ' Hadn't you better see the bank manager, sir ? I 
 have no doubt he can do anything for you on Mr 
 Sleimy's account, and perhaps he can tell you where 
 to communicate with him.' 
 
 ' Very well,' said Tomkins ; ' although my business 
 is entirely with Mr Sleimy, I will see the gentle- 
 man you suggest.' 
 
 The clerk withdrew for a minute, and, on returning, 
 gave Tomkins to understand that their Mr Chester 
 would see him. He was ushered into a dismal little 
 room, where he was kept waiting for some ten minutes
 
 52 HIS LITTLE BILL OF SALE 
 
 in a most distressed frame of mind. What was he to 
 tell this gentleman, and how explain to him the way 
 in which Mr Sleimy had treated him ? 
 
 Mr Chester was a short, square-shouldered man, with 
 a forbidding countenance and a somewhat repulsive 
 expression. He had none of the pleasant manner of 
 Mr Sleimy about him, and our hero felt depressed by 
 a first glance, but Mr Chester did not give him much 
 time to arrange his thoughts or make up his mind how 
 to deal with the situation. He opened fire at once. 
 ' You wish to see the bank manager, sir ? What is your 
 business, please ? ' Tomkins had no time to consider how 
 he should put his answer, but was obliged to go straight 
 into the facts of the situation. 
 
 ' Shortly before Christmas,' he said, ' I borrowed _^20 
 from Mr Sleimy, to be repaid by instalments. I am 
 quite ready to pay the instalment that is due.' 
 
 ' Well,' said Mr Chester abruptly, ' you need not have 
 troubled me about that. The clerk will take your money 
 and give you a receipt in the outer office.' 
 
 Tomkins was only too delighted to hear this, and 
 produced the amount with alacrity. He wished for noth- 
 ing better than this, and if he could get the instalment 
 accepted, he was even prepared to say nothing about 
 the way in which he had been treated with the 
 bill of sale. He could not, however, help exclaiming : 
 ' Why, I offered to pay this yesterday, but your men said 
 they could not take it.'
 
 HOW THE BANK BEHAVED 53 
 
 Mr Chester drew up his eyebrows. ' Our men ! What 
 men are you referring to, sir ? ' 
 
 ' The persons you sent to my house last night, and who 
 declined to leave unless I paid them £■^'2. and expenses.* 
 
 ' Oh ! ' said Mr Chester, his face assuming quite a 
 different expression, 'your instalment was overdue and 
 we have had to go into possession. That is quite a 
 different matter.' 
 
 Tomkins' face fell, but, as he did not at once wish to 
 lose the position he had gained, he answered : ' Without 
 going into that, sir, I am quite willing to pay the £2 
 and anything reasonable for the trouble you have been 
 put to, if you will tell your men to leave my house, and I 
 assure you the whole amount will be paid punctually as 
 it becomes due.' 
 
 ' Very likely, very likely, sir, but you will excuse me if 
 I see how the matter stands. I don't carry these transac- 
 tions in my head, you may imagine.' He rang the bell 
 for a clerk, and having ascertained Tomkins' name and 
 address, he dived into a hugh ledger that was brought to 
 him and read out from the entry : ' " £2^0 on bill of sale. 
 Whole balance due on failure to pay instalment. First in- 
 stalment, 23rd, unpaid. " I see, Mr Tomkins, that under 
 your arrangement the whole amount is now due to us. Our 
 men were perfectly right, and I have no authority to alter 
 the arrangement. You must pay the ^32 and interest, 
 please, or we shall be under the painful necessity of realis- 
 mg our security.
 
 54 HIS LITTLE BILL OF SALE 
 
 ' But/ said Tomkins pleadingly, and still hoping to get 
 the better side of Mr Chester, ' the instalment was only 
 a few hours behind, and here it is. Can I not persuade 
 you to take it now ? Mr Sleimy said I could always have 
 time to pay, and I assure you I will be punctual with the 
 next instalment.' 
 
 * Mr Sleimy, sir,' replied the other, ' has no authority 
 to depart from the usual practice of the bank. I am 
 afraid I cannot help you at all, but, of course, if you like 
 to pay the expenses of possession, we will not sell for a 
 few days.' 
 
 Considering the law did not entitle them to sell for 
 five days, the generosity of this offer can be readily 
 understood, but Tomkins was altogether ignorant of bill of 
 sale law, and Mr Chester chanced this being so. Tomkins 
 took a good hard look at the manager, and seeing from 
 his countenance that there was no sign of relaxation, he 
 thought he could not injure himself by making his 
 protest against the position of the bank. ' But, sir,' said 
 he, ' you are perhaps not aware that I borrowed this money 
 on my own security only, and that I never agreed to give 
 any bill of sale.' 
 
 ' Do you mean, sir, that we have taken possession 
 under a document that you did not sign ? ' 
 
 This was said in a tone of such anger that Tomkins 
 was quite frightened. Still, even for the purpose of 
 trying to molify Mr Chester, he could not depart from 
 the truth. 'I admit,' said he, 'that I did sign the
 
 HOW THE BANK BEHAVED 55 
 
 document your men showed me, but I had no idea 
 that it was a bill of sale, or I should never have signed 
 it ; still, I am willing to — ' 
 
 Mr Chester interrupted him angrily : ' Sir,' he said, 
 ' you have ventured to accuse the bank of fraud ; I can 
 discuss matters with you no longer. Good morning.' 
 And he rose up and motioned Tomkins to the door. 
 
 Tomkins was not prepared for this abrupt way of 
 dealing with matters ; he strove to explain : ' I didn't 
 intend to use any harsh language, and I came here, as 
 I told you, fully prepared to pay the instalment which 
 is due, and I am anxious to do this, and all future 
 instalments will be all right.' 
 
 Mr Chester hesitated a moment. 'You should have 
 thought of that before you ventured to suggest that 
 you didn't sign the bill of sale. I do not myself know 
 anything about the matter, as you are one of Mr 
 Sleimy's introductions to the bank, but I suppose your 
 signature was witnessed in the ordinary way and you 
 had the money. I really must decline to discuss the 
 matter further.' 
 
 'Well,' said Tomkins, 'won't you take the instal- 
 ment ? ' 
 
 ' The only thing I would advise the bank to do, sir, is 
 to accept the instalment due and withdraw from posses- 
 sion of your goods if you pay us £s for 'the expenses, 
 and find us two good sureties for the further payment 
 of the future instalments as they become due, and I
 
 56 HIS LITTLE BILL OF SALE 
 
 assure you I am not at all certain that the bank would 
 do this if I were to mention what you said just now.' 
 
 Tomkins sighed heavily. Mr Chester might as well 
 have asked him for ;^Soo as for £$ at that moment, 
 in addition to the instalment which he had in his 
 pocket, while, as for getting sureties, that he knew was 
 out of the question. 
 
 Mr Chester had risen in his chair as he made this 
 last suggestion, and Tomkins fully understood that he 
 would get no better terms from him. However, he 
 made one last effort. ' I am willing,' he said, ' to pay 
 you the instalment, and £2 for expenses, if you will 
 take it.' 
 
 Mr Chester waved his hand in refusal, ' Not a penny 
 less than I have said, and you must excuse me, but I 
 have other business to attend to.' 
 
 'Then you mean to ruin me,' said Tomkins in 
 desperation. 
 
 ' Oh dear, no ; we shall merely enforce our security. 
 It is no business of ours to inquire into the result, and 
 I have no doubt, before the sale, you will find the 
 means to pay us.' 
 
 * Not one penny, not one farthing,' said Tomkins, at 
 last losing his temper ; ' that bill of sale is a fraud, and 
 if you don't at once take your men out of my house, 
 I will expose you.' 
 
 Mr Chester was quite prepared for this outburst ; he 
 simply waved his hand towards the door and himself
 
 HOW THE BANK BEHAVED 57 
 
 disappeared through another one without condescending 
 to reply. 
 
 Tomkins left the bank with rage in his heart, but 
 without any definite opinion of how he was to carry 
 his threats into execution. Tomkins' feelings had not 
 subsided when he reached his employers' premises, and 
 his fellow-clerks at once noticed, when he took his 
 usual post, that something was amiss with him, but, 
 nevertheless, in accordance with that general sense of 
 good feeling that prevails amongst men in common 
 employment, his gloomy looks and downcast expression 
 were not made the subject of any comment, to his face. 
 There was, however, one of the clerks who was always 
 specially friendly with our hero, and knowing that 
 Tomkins had recently had illness at home, he took the 
 opportunity, during the luncheon hour, to ask whether 
 his evident distress was occasioned by the health of his 
 family. It so happened that this chap, by name 
 Frederick Grant, had told Tomkins that he had been 
 several years in a lawyer's office before he had become 
 a bank clerk, and the ice being broken between them 
 by Grant's kind inquiry, Tomkins thought he might, 
 perhaps, get some good advice from him. 
 
 *My dear fellow,' said Grant, 'you know I shall be 
 only too happy to do anything I can for you, only it is 
 so soon after Christmas, that there is not much 'oof Hying 
 about. However, out with it ; what is it ? ' 
 
 Tomkins' natural reticence disappeared under Grant's
 
 58 HIS LITTLE BILL OF SALE 
 
 kind invitation to confide in him, and he gave, as well 
 as he could, a brief narrative of the facts leading up to 
 the present position. 'And you know,' said he at the 
 end, ' I never gave any bill of sale, nor had I the 
 slightest intention of giving one, and if it had been 
 demanded I never should have borrowed the money. 
 I know nothing about the law, and I am afraid I have 
 made a dreadful fool of myself, but what am I to do ? 
 I cannot find ^^30, and 1 don't want to have my little 
 home sold up. Now, give me your advice, old fellow.' 
 
 Grant drew a long breath. 'Whew,' he said, 'you 
 have been had, that's pretty certain. What you want 
 is a smart lawyer to get you out of the difficulty and 
 bring that rascal Sleimy to book. I don't quite see how 
 they could have got that bill of sale without an inventory 
 of your furniture ; but, look here, we will beg a half 
 holiday, say we are going to a funeral or something of 
 that sort, and you and I will go and see my friend 
 Mr Millar. He is a very smart lawyer, and if he cannot 
 get you out of the mess, nobody else can,' 
 
 Tomkins was in a state of mind in which he was 
 perfectly ready to abandon himself entirely into the 
 hands of anybody with a stronger mental capacity than 
 himself. In fact, he did not know what to do, and, 
 therefore, he at once acquiesced, and they readily 
 obtained leave of absence at three o'clock, and the pair 
 started for Bucklersbury where the * smart ' lawyer's 
 office was situated.
 
 CHAPTER VIII 
 
 THE SMART LAWYER 
 
 The commanding abilities of the ' smart lawyer ' had not 
 as yet been sufficiently appreciated by an ungrateful 
 world, if one is at all permitted to judge of the position, 
 reputation, and earnings of a member of one of the 
 learned professions by the rooms he occupied. These 
 consisted of a small and somewhat dingy office adjoining 
 a similar and dingier one, behind a desk in' which sat 
 a diminutive boy who fulfilled the functions of clerk, 
 and somehow managed, without difficulty, to get through 
 all the work that Mr Millar required of him. Mr Millar, 
 who was a man of any age between forty and sixty, had 
 been a member of the honourable profession of the law 
 ever since he was twenty-one. He had been admitted 
 in the good old times when a man was made an attorney- 
 at-law, and a solicitor to the Court of Chancery, but in 
 the year of grace 1875, when our legislature used its 
 best efforts to make a fusion of law ancl equity, and 
 succeeded in making a confusion in everything, his 
 former title was abolished ; he became a solicitor only.
 
 6o HIS LITTLE BILL OF SALE 
 
 That the loss of his first title was a benefit to him is 
 more than doubtful, seeing that since he ceased to be 
 an ' attorney ' he had done nothing else but ' solicit,' 
 and there was little to show that his efforts had been 
 appreciated, Mr Millar was a short, square man, with a 
 vivacious expression, and a manner that had once been 
 cheerful, but was rapidly verging into that sad cast of 
 countenance which gave one 'the impression that he was 
 embittered against an unsympathetic and unremimerative 
 world. He had some little business ; a few old friends 
 and school acquaintances, such as Mr Grant, placed 
 absolute confidence in him, and always spoke of him as 
 a 'smart man,' a title which, perhaps, he had deserved 
 by his exertions on their behalf; but the world had not 
 encouraged him, and he was still looking forward to be 
 concerned in some great case or to have some stroke 
 of luck that would make his fortune. It must, however, 
 be stated that he was tolerably familiar with all ordinary 
 forms of litigation, though absolutely without higher 
 legal knowledge, for which he invariably went to counsel. 
 The little boy in a squeaky voice told Grant that Mr 
 Millar was engaged, r Mr Millar always was engaged 
 when anybody called. It is a good plan, and makes 
 people fancy that one is busy. The boy wrote Mr 
 Grant's name on a piece of paper, and took it into Mr 
 Millar, and Mr Millar sent out a message that he would 
 see them in a few minutes, and having kept them as 
 long as he thought necessary, he had them ushered
 
 THE SMART LAWYER 6 1 
 
 into his room, where he made a great show of putting 
 
 away important papers into one of the many dummy 
 
 deed boxes that adorned his walls. 
 
 ' Ah ! Grant,' he said, shaking hands with him, ' I hope 
 
 you are not in any trouble, but if you are, we can soon 
 
 pull you through. Sit down ; and is this,' pointing to 
 
 Tomkins, ' a friend of yours.' 
 
 ' Mr Millar,' replied Grant, ' let me introduce you to 
 my friend Mr Tomkins. He is in a little difficulty and 
 
 I have brought him here to get the benefit of your 
 
 advice, and, if possible, assistance.' 
 
 Mr Millar shook hands with Tomkins. He noted 
 that he was fairly well dressed and looked evidently 
 respectable, and he brightened up at the idea of a 
 probable good case with its attendant bill of costs. 
 ' I am quite at your service, Mr Tomkins,' he said, ' just 
 tell me what the trouble is in your own way, and rely 
 upon my doing anything for a friend of my old friend 
 Grant. Now, what is the matter ? ' 
 
 Tomkins, upon this invitation, as well as he could and 
 with the help of several adroit questions from Mr Millar, 
 detailed the history of his present position. We need 
 not repeat it. 
 
 Mr Millar sat smiling and rubbing his hands all the 
 time and making such interjections as 'Ah!' 'Of 
 
 course ! ' ' D d thieves ! ' etc. When the narrative 
 
 was finished, he drew his right knee across his left, 
 folded his hands, and seemed about to deliver a lengthy
 
 62 HIS LITTLE BILL OF SALE 
 
 opinion, while Tomkins waited in breathless expectation. 
 But, like the celebrated parrot, he only thought a lot, 
 and after about five minutes, unfolded his hands, put 
 his knee back, drew a sheet of paper to him and took 
 a pen in his hand, and then said, ' I will just take down 
 a few notes,' which operation being concluded, he 
 delivered this opinion : ' The law relating to bills of sale 
 is exceedingly complicated and very difficult to under- 
 stand, and no solicitor will venture to give you an opinion 
 off-hand upon any question under it. We must go and 
 see counsel.' 
 
 Tomkins looked at Grant with an expression that seemed 
 to say what was the use of coming to see this man if 
 he can't tell us anything ? 
 
 Grant said, ' The safest course is generally the cheapest 
 in the long run. Tomkins, 1 am sure you cannot do 
 better than put yourself in Mr Millar's hands and take 
 the opinion of the counsel he recommends.' 
 
 Tomkins was in that distressed state of mind in which 
 a man can be and generally is led by the nose by any- 
 body who offers to take him in hand, and he made no 
 protest. 
 
 ' Very well, gentlemen,' said Mr Millar, ' we need not 
 put a case before counsel as the matter is urgent. I 
 will arrange a conference with the smartest bill of sale 
 man of the day. That's young Crushe ; and if you will 
 tell me where I can communicate with you, we will meet 
 in the Temple to-morrow and go to his chambers, or
 
 THE SMART LAWYER 63 
 
 belter still, we might be able to find him in about 4-30 
 or 5 o'clock, but,' he said, hesitating, * I don't think that is 
 much use, because I must have a copy of the bill of sale!' 
 ' But, you know,' saidTomkins, ' I never signed any bill 
 of sale.' 
 
 ' My dear sir, of course I understand you are prepared 
 to say that, but you bet your Hfe they have got one 
 duly attested, witnessed, and registered, and it is no good 
 going to Crushe without a copy of it.' 
 
 ' But I never had a copy of it,' said Tomkins, ' and 
 I am sure these people won't help you a bit.' 
 
 ' No,' said Mr Millar laughing, ' but with the help of 
 your superior wisdom, we can get a copy, and I will 
 have one before to-morrow without even asking your 
 friends, The National Union Credit Discount Premium 
 and Deposit Bank, or Mr Sleimy.' 
 
 Tomkins was astonished, and of course duly impressed 
 by this statement. 
 
 Grant said, ' We had better leave all this to Mr Millar, 
 and he will write me a line to the bank, and say 
 what time we shall meet him to-morrow.' 
 
 This was agreed to, and the friends left, Mr Millar only 
 having made a confidential inquiry of Grant, as to 
 whether Tomkins could be trusted for his costs in 
 the event of his failure to get them from the other 
 side ; a most important inquiry from a solicitor's point 
 of view. Grant assured him Tomkins would be all 
 right, and said loudly enough for Tomkins to hear,
 
 64 HIS LITTLE BILL OF SALE 
 
 ' Of course he will bring the counsel's fee with him 
 to-morrow.' 
 
 ' Two pounds will cover that,' said Mr Millar, and he 
 wished them good afternoon. 
 
 Mr Braithwaite-Crushe was what is called in the 
 profession, a rising junior. He had not always been 
 rising, and he was still far from expecting that the 
 leaven that was in him had done its work, and that 
 he might consider his position fully established. He 
 was a man who never would have succeeded, or even 
 been introduced at the bar thirty years ago. His 
 manners and methods, both of obtaining his business 
 and conducting it, being entirely foreign to the etiquette 
 that then prevailed ; but things are different now, and 
 although the same conditions are supposed to prevail, 
 they are gradually giving place to a new order of things, 
 in which it is no longer absolutely necessary for a 
 barrister to keep entirely in the background, until 
 fortune or accident leads solicitors to employ him. It 
 must not be supposed that Mr Crushe was a touter, or 
 that his methods of obtaining business were original, 
 but they had been worked to the utmost, and carried 
 to the extreme limit. Still, this sort of thing is always 
 forgotten and forgiven in a successful man. A brief 
 sketch of Mr Crushe's career may be interesting. He 
 was christened Robert, and was the son of a small 
 pawnbroker in the Whitechapel Road. He had the 
 advantage of a fairly good education for a boy in his
 
 THE SMART LAWYER 65 
 
 class of life, until he was twelve years old. That is 
 to say, he learned to read and write, and do sums, 
 and draw caricatures on slates, and made himself 
 popular with his companions by a way he had of 
 advising them in any little difficulty or distress that 
 might happen. At this period of his existence, although 
 he was supposed to attend school regularly, he spent 
 a good deal of his time in reading blood and thunder 
 literature. All his spare coppers went in boys' journals 
 and magazines, and though he could not afford the 
 'shilling shocker,' he managed to glance into a good 
 many at the old bookstalls and barrows that may be 
 seen any day in the Whitechapel Road. Bob, as he 
 was called in those times, was destined to an easy 
 career, but fate was against it. His father died some- 
 what suddenly, for it having been suggested by a too 
 inquisitive policeman, that certain pickers-up of un- 
 considered trifles, were too frequently in the habit of 
 using his capital as a medium for converting the 
 proceeds of their acquisitive habits into the cash that 
 is desired by all men, Bobby's father was requested to 
 give an account of his investments before a benevolent 
 old gentleman seated at a desk in a low ill-ventilated 
 and unpleasant place of public resort, in the neighbour- 
 hood of Arbour Square. Whether it was the result 
 of that unfathomable thing, shock to his nervous 
 system, or penitence for passed misdeeds, or the terror 
 of having to appear before that ancient and benevolent
 
 66 HIS LITTLE BILL OF SALE 
 
 gentleman, whom all respected but few cared to greet, or 
 whether it was all these causes combined, or whether 
 inspired by dread of coming trouble, he hastened his 
 own redemption by the use of some subtle drug, has 
 never been revealed, for post-mortem inquiries are not 
 always certain in their results, but it is unquestionable 
 that Bobby's father departed this life, and that with 
 his death, the business out of which he had made a 
 decent living for himself and family, came to an end 
 as untimely as that of its proprietor. When the whole 
 of the assets of the deceased pawnbroker were realised, 
 and his funeral and other expenses paid, his widow 
 was left with only sufficient to give her an income of 
 a few shillings a week, and with two girls, a young boy 
 who was a cripple, and Bob himself dependent upon her. 
 Now, independence of character is a thing that may show 
 itself at a very early age, and Bob possessed this gift. 
 He did not regret or deplore the change in his fortune, 
 but he consoled his mother, sisters, and his helpless 
 brother as well as he could, and at once threw himself 
 upon the mercies of a cold and ungrateful world. 
 
 The first situation he obtained was as errand boy in a 
 fried fish shop, where he lived amid the odour of stewed 
 eels and fried plaice, supplemented occasionally by fish 
 on the eve of conversion into its natural elements ; but he 
 got 6s a week and food, such as it was, and took the 
 sum home to his mother, and added thereto sundry 
 rejected portions of his employer's wares, which were
 
 THE SMART LAWYER 67 
 
 either bestowed on, or ' sneaked ' by him, it matters 
 not which. Unfortunately, this situation did not last 
 long. He got dismissed for chucking a stewed eel at 
 his master's head ; a culminating feature of a dispute 
 which commenced between them, as to whether New 
 York was in North or South America. Bob protested 
 that it was in the North, because he had read it in one 
 of the books he admired, and his master asserted the 
 contrary, because he had been there, and of course he 
 ought to know. Still, the fragrant remembrance was 
 forgotten by his master to this extent, that he gave him 
 a good character, which, to tell the truth he deserved, 
 and Bob's next place was at a tobacco shop close to one 
 of the metropolitan stations. Here he acquired the 
 abominable vice of polluting his own body and the 
 neighbouring air with the vile fumes of a noxious weed, 
 and we regret to say, that from that time it never 
 left him ; but a man is not a man without some vice, and 
 independence of character may be shown by evil-doing 
 as well as by virtues. Bob's career in the tobacco trade 
 was longer and not so prosperous, for he only got 5s 
 a week and his tobacco. No food and no tit-bits for 
 his mother, but he had the pleasure of leading his 
 crippled brother into the same delightful habit of smok- 
 ing that he had himself acquired. Nevertheless, it was 
 the stepping-stone to his fortune, for being a rather 
 honest-looking and smart boy, and clever enough to 
 pick up the details of the retail trade, he was often
 
 68 HIS LITTLE BILL OF SALE 
 
 left in charge of the shop, and made friends with one or 
 two of the customers. Amongst them was a certain 
 shady solicitor, who practised in the Police and County 
 Courts, his clients being not exactly select, but mostly 
 drawn from the least favoured portions of society. 
 Bobby's smartness took such a hold upon this gentle- 
 man, that he ultimately induced him, much to his 
 master's regret, to give up the honourable calling of 
 assistant to one of England's merchant princes (are we 
 not told that trade is the highest calling of the English- 
 man ?) and took upon himself the vile, manual, and 
 servile capacity of clerk and quill driver to an 
 attorney. 
 
 If at Mr Sharpe's office he did not commence his 
 career by ' polishing up the handle of the big front door,' 
 he nevertheless served writs, copied letters, and made 
 himself generally useful inside and outside the office, 
 and his salary rose to 7s a week. It is true, the rise at 
 first was the reverse of beneficial, for Mr Sharpe was 
 very impecunious, and Bobby had many a Saturday 
 afternoon to go home to his mother with a draft upon 
 the bank of credulity in his pocket instead of his wages, 
 but he very soon learnt that there was a way to make a 
 good deal more than the amount of his wages in Mr 
 Sharpe's employment. There were numberless clients, 
 many of them thieves, pick-pockets and such like, who 
 when they were ' in trouble,' as being charged with a 
 crime is politely called, always found the money
 
 THE SMART LAWYER 69 
 
 for Sharpe's services, and a shilling or half-a-crown for 
 Bob if he was smart, and he was smart. The bigger 
 the tip, the smarter the boy, is an old adage, which was 
 found to be perfectly true in Bobby's case. The result 
 was, that although his wages were paid very irregularly, 
 Bobby found himself very much better off at Mr 
 Sharpe's. He had the opportunity of becoming familiar 
 with a class of life that stood him in good stead in after 
 years. An advocate ought always to know the ins and 
 outs of his client's calling. Bobby, in these years of 
 service at Mr Sharpe's, became thoroughly familiar 
 with every dodge, fraud, device and wickedness, that 
 exists in the modern Babylon, and it is to his credit, that 
 in spite of the influence of the class with which he 
 mixed, and his associations, he kept himself honest, 
 respectable, and fairly truthful, and gradually developed 
 an ambition to make himself something in life. It was 
 often his business to attend the Old Bailey or the 
 Sessions, in order to instruct counsel in a case where 
 his employer was solicitor for the defence or prosecution, 
 and on these occasions, he would drink in with delight 
 and reverence, the oratory of the leading members 
 of the Bar. He was so impressed with the advocacy 
 to which he listened, that he came to the conclusion 
 there was no career so sublime as that of a thieves' 
 advocate, and he determined, in some way, to get 
 to the Bar, and try and make himself known in that 
 profession. It was many years, however, before he
 
 70 HIS LITTLE BILL OF SALE 
 
 could make the slightest progress towards the fulfil- 
 ment of his hopes, for he was only able to get 
 an occasional evening off to devote himself to study, 
 and then it required a certain amount of capital which 
 Bob did not possess. But fortune favours the bold, and 
 it so chanced that about this time a well-known member 
 of the aristocracy was accused of a particular serious and 
 disgusting offence, and Mr Sharpe was retained to appear 
 for him at the Police Court. Fortunately for Bob, his 
 employer was laid up on the day when the case came 
 on, and the task of dealing with the situation fell to 
 him. In those days magistrates were not very particular, 
 and solicitors' clerks were freely heard as counsel in 
 Police Court cases. Bob acquitted himself so well that 
 he got the magistrate to find that there was not sufficient 
 evidence against his client to commit him for trial, and 
 the nobleman was so thoroughly pleased with the way 
 in which the case had been managed, that he insisted on 
 Bob coming to dinner with him, and afterwards, over a 
 bottle or two of good wine, he insisted on doing some- 
 thing for his young defender. Bob at once hit the 
 nail on the head, with the result that the nobleman 
 agreed to charge himself with the expenses of Bob's 
 admission to one of the Inns of Court. That least 
 particular with respect to the character and position 
 of persons to be admitted to the Bar in the time of 
 which we are speaking was Gray's Inn, though things 
 are altered now, and it was to Gray's Inn that Bob
 
 THE SMART LAWYER 7 1 
 
 applied for admission. He readily got two barristers 
 who had on occasions been briefed by Mr Sharpe, to 
 nominate him as a fit candidate, and after eating the 
 customary number of dinners, he was entitled to gratify 
 his ambition by appearing in those ridiculous garments 
 in which it is considered an advocate is enabled to do 
 justice to his client. When he became a full fledged 
 barrister, he had, of course, to give up Mr Sharpe, and 
 for the first year or two he found that financially he had 
 by no means improved his position. But the aforesaid 
 nobleman remained his friend, and permitted Bobby, 
 nominally, to borrow of him from time to time, a 
 sufficient sum to keep him going in humble chambers, 
 and the few little cases he picked up at the Sessions 
 enabled him to continue the assistance that he had all 
 this while been giving to his family. He thought it as 
 well not to change but to improve upon his name. Two 
 names hyphened together are exceedingly fashionable at 
 the Bar, and remembering a certain celebrated case, he 
 took the liberty of making use of it, and he therefore 
 appeared upon his call to the Bar as Mr R. Braithwaite- 
 Crushe. Certainly, the Braithwaite had an air of 
 distinction about it. Several years passed by. He 
 attended at the Old Bailey, and the Sessions, in all the 
 Courts and on circuit, but he made very little progress. 
 Associate with attorneys and their clerks as much as he 
 liked he made no impression. His generous benefactor 
 died, and he was almost in despair, and on more than
 
 7- HIS LITTLE BILL OF SALE 
 
 one occasion thought of taking up some other calling, 
 when it so happened that two leaders of the Bankruptcy 
 Court took unto themselves silk gowns, and gave up the 
 bulk of their practice before the Registrars. An 
 attorney who did a very large practice in bankruptcy 
 suggested to Mr Crushe that he should try and get an 
 opening in this Court, and Bob, who was prepared to do 
 anything, readily acquiesced in the suggestion. The Bank- 
 ruptcy Court was a tribunal in which the etiquette of the 
 Bar was very much relaxed by reason of the fact that solici- 
 tors had the right of ordinance there as well as barristers, 
 and they met as equals, and there was an opportunity of 
 becoming much more friendly. Mr Braithwaite-Crushe 
 made his appearance in the Bankruptcy Court and soon 
 began to get a few cases. He then wrote, or rather he 
 got a very clever but impecunious barrister to write a 
 book upon bankruptcy, to which Crushe put his name, 
 generously acknowledging the assistance of the man who 
 had really written the book, and the work being fairly 
 successful, brought him into some notice, but it was 
 slow work. So he determined to get round him the 
 clerks of all the principal firms that did business in 
 bankruptcy, and for this purpose he took chambers near, 
 but not in one of, the Inns of Court, and gave his clerk a 
 large room with instructions to entertain all the lawyer's 
 clerks who might call or whom he might meet. Here, 
 after business hours, might have been found a large 
 number of men smoking pipes and drinking beer with
 
 THE SMART LAWYER 73 
 
 Mr Crushe's clerk, and occasionally the great barrister 
 himself being detained late, and reading briefs and 
 settHng affidavits, would join them, and in this way he 
 began to be the advocate of everybody who had any 
 business in bankruptcy. It is true that the large firms 
 did not employ him at first, but that was to come. In 
 the course of four or five years he found he was getting 
 a nice little practice together. He did it fairly well, 
 worked hard, and was popular with solicitors and their 
 clerks, if the members of the Bar still fought a little bit 
 shy of him. Then there came two or three legislative 
 enactments connected with the bill of sale law. To 
 these, Mr Crushe, again assisted by the impecunious 
 barrister, turned his attention. The first edition of 
 Braithwaite-Crushe on Bills of Sale was so successful that 
 he was recognised as an authority upon the subject, 
 and from that time his position was made, and he had no 
 further anxiety except to get through his work from 
 day to day. 
 
 On the morning of the day after the visit of Mr 
 Tomkins and his friend Mr Grant to Mr Millar, that 
 gentleman having procured a copy of the bill of sale 
 at the Registry Office, waited upon Mr Crushe's clerk to 
 arrange a conference with that gentleman, and was 
 fortunate enough to find him free about 4.30. Having 
 notified this to Mr Grant at the bank, the three at- 
 tended in the Temple at the hour named, and after 
 being kept waiting a sufficient length of time to im-
 
 74 HIS LITTLE BILL OF SALE 
 
 press upon them that Mr Crushe was a busy man, they 
 were shown in. 
 
 Mr Braithwaite-Crushe was a short, bright-eyed man, 
 very fair in complexion and hair, with a broad chest and 
 a very deep voice. His appearance did not in any way 
 denote his caUing, save that his face was destitute of hair ; 
 he had a clear glance and a cheerful expression, but since 
 he had become well known, he put on in Court a certain 
 air of importance which he dropped with any client he 
 liked to see, and Mr Millar happened to be one of the 
 men who had taken to him in the very early days of 
 his career, and consequently he had a sympathetic 
 feeling towards him. He had a goodly show of briefs on 
 his table, and one open before him which he had been 
 reading, and a number of law books lay one within the 
 other, and a certain amount of tidy confusion pervaded 
 his table. He got up as Mr Millar came in, and shook 
 hands with him, and Mr Tomkins being introduced as 
 the client, he was also honoured with a friendly greeting. 
 
 ' Sit down, gentlemen, sit down ; make yourselves com- 
 fortable, and, Millar, I know you will have a cigar.' 
 
 Mr Crushe produced his cigar-case, and the other 
 gentlemen having lighted their weeds, the conference 
 proceeded. 
 
 ' Well, now,' said Mr Crushe, ' what is the little difficulty 
 this time ? ' 
 
 Mr Millar replied, ' My client, Mr Tomkins here, has 
 got into the clutches of our old friends, The National
 
 THE SMART LAWYER 75 
 
 Union Credit Discount Premium and Deposit Bank, and 
 we want your advice as to what are the best steps to 
 take against them,' 
 
 ' Ah ! I see,' said Mr Crushe, ' the old story, — money- 
 lender's victim,' and he looked at Tomkins pretty straight 
 and hard, in a way that made that gentleman feel rather 
 uncomfortable. 
 
 But Mr Millar intervened, saying : ' No, Mr Crushe, 
 this is rather an extraordinary case, as you will say when 
 you have heard Mr Tomkins' account of how he has been 
 treated.' 
 
 ' Well, let's have it then,' said Crushe, crossing one leg 
 over the other, and lolling back in his easy-chair, smoking. 
 
 Mr Millar then proceeded to give a detailed account of 
 Tomkins' case, assisted occasionally by a judicious question 
 from the learned counsel. When he had finished, 
 Tomkins fully expected that the great man would give 
 some decided expression of opinion, but in this he was 
 disappointed. Mr Crushe wanted to know a good deal 
 more before he said anything. 
 
 ' I take it, Mr Tomkins, that this was your first transac- 
 tion with money-lenders ? ' 
 
 ' Certainly, sir.' 
 
 ' And it never occurred to you that you were signing 
 a bill of sale ? ' 
 
 ' No, of course not,' said Tomkins, ' because I told 
 Mr Sleimy that I would not give one, and he said he 
 did not require it.'
 
 76 HIS LITTLE BILL OF SALE 
 
 ' You will excuse me asking you whether you ever 
 drink ? ' 
 
 ' Well, drink to get intoxicated, certainly not. I like 
 a glass of whisky and water of an evening.' 
 
 ' Ah ! that's not what I mean, because according to 
 your account you seemed to have been very easily over- 
 come, and probably you were not very clear as to what 
 you did sign.' 
 
 ' Well,' said Tomkins, ' I should not like to say that 
 the signature the two men showed me was not mine, 
 but I had no more idea than a child that I signed any 
 bill of sale, and when I borrowed the money, there was 
 no agreement I should give one. The money was to 
 be lent on a note only,' 
 
 ' But one thing, Mr Tomkins, how did these people 
 know what things you had in the house ? ' 
 
 ' Well,' replied he, 'I don't know that they did.' 
 
 Mr Millar interposed. 'Oh, yes, they did, because the 
 schedule to the bill of sale is very full and complete, and 
 must have been made by somebody who took an 
 inventory,' 
 
 ' Now,' said Mr Crushe, fancying he had found a flaw 
 in Tomkins' story, * how do you account for this ? ' 
 
 'I can only account for it in one way,' replied 
 Tomkins, 'and that is, that a circumstance happened 
 of which I thought nothing at the time, but it has 
 since struck me as very peculiar,' and he related what 
 his wife had told him about the visit of the two men.
 
 THE SMART LAWYER 77 
 
 ' What ! that stale trick over again,' said Crushe ; * is 
 it possible these bill of sale men think they can be 
 allowed to go on in this way? I had the very same 
 thing six months ago, in a case of Jones v. Bullfrog, and 
 we made Mr Bullfrog croak before we had done with 
 him, I can tell you. Well, that settles that point, and 
 now, let me see the bill of sale. I suppose you have 
 got a copy of it ? ' 
 
 Mr Millar took from his bag a copy of the bill of sale 
 which he had obtained, and handed it to the counsel, 
 saying, 'It seems to me it is regular enough.' 
 
 'Now, don't you be in such a hurry, Millar. These 
 gentlemen are not so clever as they think themselves ; 
 they very often forget some small formalities and 
 enable their victim to escape.' 
 
 'I hope that may prove to be the case here,' inter- 
 jected Tomkins. 
 
 Mr Crushe then proceeded to read through the bill 
 of sale, and as this document is rather an interesting 
 one, we give a copy of it for the benefit of our readers.
 
 78 HIS LITTLE BILL OF SALE 
 
 WU% %nAtnintt made the 22nd day of December 
 in the year of our Lord One thousand eight hundred 
 
 and 33ctfeecn Thomas Tomkins of Villas 
 
 Wandsworth in the County of Surrey Bank Clerk of 
 the one part and The National Union Credit Dis- 
 count Premium and Deposit Bank Craven Street 
 Strand W.C. of the other part 
 
 ^itnt^^ttl) that in consideration of the Sum of ^^30 
 (thirty pounds) now paid by The National Union 
 Credit Discount Premium and Deposit Bank the 
 receipt of which the said Thomas Tomkins hereby 
 acknowledges HE the said Thomas Tomkins 
 
 39otl) hereby assign unto the said National Union Credit 
 Discount Premium and Deposit Bank their executors 
 administrators and assigns 
 
 ail AND SINGULAR the several Chattels and things 
 specifically described in the Schedule hereto annexed 
 and being at Villas Wandsworth aforesaid 
 
 ^0 f)oWi the same by way of security for payment in 
 manner hereinafter appearing of the sum of ^30 and 
 interest thereon at the rate of 60 per centum per annum
 
 THE SMART LAWYER 79 
 
 ^nU the said Thomas Tomkins doth further agree and 
 declare that he will duly pay to the said National Union 
 Credit Discount Premium and Deposit Bank the prin- 
 cipal sum aforesaid together with the interest then due 
 by equal monthly payments of £2 on the first day of 
 each month in every year and that in case of the failure to 
 pay any one of such instalments the whole of the prin- 
 cipal and interest hereby secured shall be paid by him 
 immediately and be forthwith due 
 
 anl) the said Thomas Tomkins doth also agree with the 
 said National Union Credit Discount Premium and 
 Deposit Bank that he will keep the whole of the said 
 Chattels insured in the Alliance Insurance Oflfice for 
 the sum of £^0 and duly pay the premium on such 
 Insurance 
 
 ^robiDcD altoayg that the Chattels and things hereby 
 assigned shall not be liable to seizure or to be taken 
 possession of by the said National Union Credit Discount 
 Premium and Deposit Bank for any cause other than 
 those specified in Section 7 of the Bills of Sale Act (1878) 
 Amendment Act 1882 that is to say — 
 
 (i.) If the said Thomas Tomkins shall make default 
 in payment of the sum hereby secured at the 
 time herein provided for payment or in the 
 performance of any covenant or agreement here-
 
 8o HIS LITTLE BILL OF SALE 
 
 in contained and necessary for maintaining 
 the security 
 
 (2.) If the said Thomas Tomkins shall become a 
 bankrupt or suffer the said goods or any of 
 them to be distrained for rent rates or taxes 
 
 (3.) If the said Thomas Tomkins shall fraudulently 
 either remove or suffer the said goods or any of 
 them to be removed from the premises 
 
 (4 ) If the said Thomas Tomkins shall not without 
 reasonable excuse upon demand in writing by 
 the said National Union Credit Discount 
 Premium and Deposit Bank produce to them 
 his last receipts for rent rates and taxes 
 
 (5.) If execution shall have been levied against the 
 goods of the said Thomas Tomkins under any 
 judgment at law 
 
 ^tobillrt futtjbcc that if the said Chattels and things hereby 
 assigned shall be seized or taken possession of by the said 
 National Union Credit Discount Premium and Deposit 
 Bank in consequence of the breach of any of the 
 covenants herein contained the said National Union 
 Credit Discount Premium and Deposit Bank shall be at 
 liberty to remove or sell the same or any part thereof at 
 the expiration of five clear days from the day of such 
 seizure or taking possession
 
 THE SMART LAWYER 8 1 
 
 Hn 22attncgiJ whereof the said parties to these presents 
 have hereunto set their hands and seals the day and year 
 first above written 
 
 ^igncl) and Sealed by the 
 said Thomas Tomkins 
 in the presence of me 
 
 John Atkinson Clerk THOMAS TOMKINS 
 of Craven Street Strand 
 W.C. in the County of 
 London 
 
 Zfft 5ic6cl)ule to which the foregoing Indenture refers 
 This consists of a list of 
 the whole of the furni- 
 ture in the house of 
 Thomas Tomkins and is 
 signed by him at the foot 
 
 Now, if any one who has not had some legal education 
 or experience understands what this means we shall be 
 somewhat surprised, but as the form was framed by 
 our highly educated legislature for the express purpose 
 of protecting the money borrower^ perhaps one ought 
 to assume that it is perfectly intelligible and a pro- 
 duction of the highest earthly wisdom ; still, it will 
 occur to some people that the ' form in the schedule ' 
 should have been accompanied by a few pages in the 
 manner of a law lexicon, so that the layman might 
 clearly understand the meaning of such terms as 
 ' Indenture,' * Specifically described,' ' Defeasance,' etc.,
 
 8 2 HIS LITTLE BILL OF SALE 
 
 the judicial interpretation of which has not been yet 
 settled, although more than fifteen years have elapsed 
 since the Bill was passed. 
 
 ' Now, the first thing to look at,' said Mr Crushe, ' is 
 the consideration for the Act expressly provides that 
 " the consideration shall be truly stated," which in a 
 good many cases is not done. The consideration here, 
 I see, is jf 30. Did you get ;^30, Mr Tomkins ? ' 
 
 Tomkins explained, as the reader already knows, that 
 he was handed £2,0^ and that he paid back £\o at once. 
 * Ah ! ' said Mr Crushe, ' let us see how the cases 
 stand on that point. Here's Nokes v. Jiles, where the 
 borrower wanted £^0 and a bill of sale was made for 
 ;^6o, ^10 being added for commission and expenses. 
 £(^0 was handed to the borrower and he immedi- 
 ately repaid £\o to the lender. Default having been 
 made in the instalments, the lender took possession 
 and refused to withdraw for less than the full amount 
 mentioned in the bill of sale. The Divisional Court 
 held that the bill of sale was good, and ordered it to 
 stand as a security only for the ^50 actually received, 
 and interest, but the Court of Appeal held that the 
 consideration was not truly stated, as required by the 
 Act, being of opinion that it was clear the lender 
 intended to get £^10 out of the borrower. Ah ! I see,' 
 he continued, ' that the plaintiff went to the House of 
 Lords.' Mr Crushe here pulled down a volume from his 
 bookcase, but after consulting it, he said, 'As far as I
 
 THE SMART LAWYER 83 
 
 can see, this point is not decided in the Lords, as they 
 held the bill of sale bad on a different ground, there- 
 fore, we must take it, the decision in the Court of 
 Appeal stands.' 
 
 ' Then,' said Mr Millar, ' the bill of sale is clearly bad.' 
 
 ' Oh dear, no ; don't you be in such a hurry, Mr 
 Millar, please ; there was a case a month afterwards of 
 Jackson v. Discount Mortgage Company.' Mr Crushe 
 produced another book. * We must just have a look 
 into this. Ah ! in this case, the bill of sale stated the 
 consideration was ^121, and that £\^ was to be paid by 
 the borrower for inquiry fees and the costs of the 
 Deed, and that such amount should be paid with the 
 first instalment, but it did not state that the ^15 was to 
 form part of the amount secured. Then it appeared in 
 evidence that this was intended; still both the Divisional 
 Court and the Appeal Court held the bill of sale good 
 and declined to take any notice of what the intention 
 of the parties was outside the wording of the bill of 
 sale. It was argued that this case was governed by 
 Nokes V. Jiles, but the Court distinguished it.' 
 
 ' Did that go to the Court of Appeal ? ' said Mr Millar. 
 
 'Oh yes, they nearly all do,' replied Mr Crushe, 
 * unless they are County Court cases like the next 
 one, Thomson v. Williams, in which the judge of the 
 Whitechapel County Court decided that a bill of sale 
 was bad, under which the defendants had charged 6s 8d 
 for a lawyer's letter, which fact was not mentioned
 
 84 HIS LITTLE BILL OF SALE 
 
 in the bill of sale, and the Divisional Court upheld his 
 finding, as a matter of fact, that the consideration was 
 not truly stated.' 
 
 ' Those cases seem in our favour,' said Mr Millar. 
 
 ' So they do, but then there is Jarvis v. Crusher, in 
 which the facts were exactly similar to yours, Mr 
 Tomkins ; that is to say, ^^15 was repayable on demand, 
 and the demand was immediately made and the money 
 repaid, and that bill of sale was held to be good.' 
 
 ' Then, that is against us,' said Mr Millar.' 
 
 'Truly so,' replied Mr Crushe, 'but then we come 
 to Petherington v. Brown, which was confirmed 
 in Sibley v. Stiggs : Cockley, claimant. In these 
 two cases the Court of Appeal held that an agreement 
 to repay the money on demand, or seven days after 
 demand, was not an agreement to pay at a stipulated 
 time in accordance with the iform in the schedule, 
 therefore the bill of sale was bad.' 
 
 ' Dear, dear me,' said Tomkins, ' this is getting too 
 much for me. Is this question of whether I am to 
 be sold up or not under this bill of sale, which I 
 never agreed to give, so complicated as all this ?' 
 
 Mr Millar waved his hand to him as an intimation 
 that he was not to interrupt the great lawyer in his 
 consideration of the cases, but Mr Crushe good- 
 humouredly interposed. 
 
 ' My dear Mr Tomkins, this sort of thing is the 
 mere A B C of bill of sale law in the present day.
 
 THE SMART LAWYER 85 
 
 I may have to go through fifty or sixty cases before I 
 can give you a positive opinion upon any one point, 
 and then when your case comes before the Court of 
 Appeal, that tribunal may take into its head that the 
 case upon which I have relied, and upon which I advised 
 you, went a little too far, or not'far enough, and they will 
 then overrule or distinguish it. It is wonderful how the 
 Courts get out of a decision they do not like, though 
 it is their own.' 
 
 Tomkins wrung his hands. ' I am very much obliged 
 to you,' he said, ' but if there is all this dreadful 
 uncertainty, I am afraid I had better submit to be 
 robbed, and have done with it.' 
 
 Now, chucking up the sponge iwas the last thing 
 that suited either Mr Millar or, for the matter of that, 
 Mr Crushe, who, although doing a good business, was 
 perfectly alive to the fact that the existence of counsel 
 is only justified by fighting cases, and not by giving 
 in to a matter of diflRculty. 
 
 Mr Millar was about to take the matter in hand, 
 but Mr Crushe intercepted him. 
 
 ' My dear sir, don't you arrive at a hasty conclusion. 
 I can see that you have been cruelly swindled, and I 
 answer for myself, and I think I may also answer for 
 Mr Millar, that we will leave no stone unturned to 
 obtain justice for you, but you must have a little 
 patience, and you must not expect me to give an 
 opinion in a hurry upon a matter so complicated as
 
 86 HIS LITTLE BILL OF SALE 
 
 this 'question of the consideration for the bill of 
 sale. 
 
 ' Mr Millar added : ' Mr Crushe always goes into his 
 work thoroughly, and I know of old that he won't 
 suggest a step if he does not feel tolerably confident 
 that he will be successful.' 
 
 Tomkins was mollified. 'Well, I am sorry I inter- 
 rupted you,' he said, ' but all this is so diflRcult for me to 
 understand.' 
 
 'You need not be surprised at all at that, Mr 
 Tomkins. It would take a far cleverer man than any of 
 us here to extract a thoroughly satisfactory and general 
 principle from the decisions in bill of sale cases since the 
 Act of 1882. If you will just let me go on in my own 
 way, you shall have my advice to the very best of my 
 ability, and before you leave, but you must let me get at 
 the result in my own way.' 
 
 Tomkins bowed as an intimation of complete ac- 
 quiescence. 
 
 Mr Crushe resumed his examination of the bill of sale. 
 
 'Well now,' continued Mr Crushe, 'let us get on a 
 little further ; of course, we will make what we can out of 
 the contention that the consideration is not truly stated. 
 The next thing to see is, are there any covenants that 
 are not for the maintenance or defeasance of the security, 
 or are not in accordance with the form in the schedule. 
 Let us see.' Mr Crushe read carefully through the bill of 
 sale. ' No,' he added after his perusal, ' I don't see any-
 
 THE SMART LAWYER 87 
 
 thing wrong there, but what about the schedule, that is 
 the next thing. Because you know,' he said jokingly to 
 Tomkins, ' the only goods to which the bill of sale applies 
 are those specifically described in the schedule to the 
 bill of sale. Ah ! to begin with, here's dining-room, — 
 eight chairs ; I do not think that will do.' 
 
 ' Why not ? ' suggested Tomkins, ' there are eight 
 chairs in my dining-room.' 
 
 ' Wait, let us see how the cases stand on that point. 
 Here is the first case. It is Pitt v. Tanner. Now the 
 description there was " 450 oil paintings in gold frames, 
 300 oil paintings unframed, 50 water-colours in gold 
 frames, and 20 water-colours unframed." This is what 
 the Master of the Rolls said in dealing with the question of 
 " specific description." ' I must say I do not agree with 
 what was said by Mr Justice Bulpit in the Divisional 
 Court. He says, looking at the meaning of the word 
 " specifically." " It is derived from species, and one would 
 think it enough to state what species." Now, I ask my- 
 self whether the legislature, when they used the word 
 " specifically," had in their minds the derivation of the 
 word, and I don't think they had, therefore I say it is 
 not this definition that should have guided the learned 
 judge in the Court below. This section has evidently 
 been drawn from the point of view of a business man. 
 What the words were meant to imply was such a 
 description of the goods as would indentify them, as, for 
 instance, they are usually identified in an auctioneer's
 
 88 HIS LITTLE BILL OF SALE 
 
 catalogue, and I should be inclined to hold, and if it is 
 necessary at any time so to hold, I will hold that unless 
 the description amounts to what I have stated, it is not a 
 " specific description." It does not seem to me that it 
 is very easy or possible to state exactly what is a " specific 
 description," because it must depend upon the particular 
 class of goods. Now an oil-painting might be a Turner, 
 or a Sir Joshua Reynolds, or perhaps a modern picture 
 by Alma Tadema or Millais, but it would not be a 
 specific description to my mind to describe it as a 
 picture by one of those masters, without mentioning at 
 the same time the subject of the picture, but here 
 neither the subject nor the name of the painter is 
 mentioned, therefore I agree with the Court below, that 
 the description is not specific' Lord Justice Arch agreed 
 with the Master of the Rolls, but then Lord Justice 
 Spry, who is a great authority upon these matters, 
 although he concurs in the judgment, says this : 'It is 
 not necessary to decide the question in this case, but 
 I cannot quite agree with my learned brother, that if 
 the pictures had been described by the names of the 
 painters without the subject, or by stating the subjects 
 without the names of the masters, the description might 
 not have been said to have been " specific." I think the 
 word '' specifically " is a word to be interpreted according 
 to the sense of the Court in each particular case, and 
 though it seems hard and somewhat curious, that the 
 title of a man to goods should in each case depend upon
 
 THE SMART LAWYER 89 
 
 the view of a judge or jury, yet I am driven to this 
 conclusion upon a careful consideration of the wording 
 of this section. If we are wrong, the legislature will no 
 doubt set us right in the future, but until this is done, 
 I feel bound to decide the question in accordance with 
 what may be the view I take in each particular case.' 
 Still the decision stands. Now, in Plumber v. Bean, the 
 question again arises, but this time it was not pictures 
 but cows, the description was " twenty-one milch cows." 
 The learned Master of the Rolls there said, ' Twenty-one 
 milch cows is only a description of cows, as cows that 
 give milk as an opposite to cows that don't. There 
 are other means of describing cows. You may specify 
 the length of their tails or the size or shape of their 
 horns, as for instance, in a little poem with which we 
 are all familiar, " This is the cow with a crumpled horn." 
 Now anybody would contend that a cow with a crumpled 
 horn is a specific description, but here no mention is 
 made of anything connected with the horn or the tail. 
 Cows might also be described as having tossed some- 
 body, as the celebrated cow to which I refer did, but I 
 should not say that it was a specific description if the 
 words were " a cow that tossed John Smith." But 
 there are other modes of description. They might have 
 been identified by breed or colour, or given names. 
 It is true that in Dicks v. Dicks, the bill of sale was 
 held good where the description was merely seven 
 milking cows, but I cannot find that the question of
 
 90 HIS LITTLE BILL OF SALE 
 
 whether or not that description was sufficient was gone 
 into. A milking cow is not quite a correct way of speaking, 
 as it would be a cow that milks and not one that is 
 milked, so I do not feel myself bound by that decision. 
 If I did I should, nevertheless, manage to distinguish it 
 in the same way as we are always constrained to do 
 in scores of cases which we have occasion to consider 
 every day, and which we find inconvenient for the 
 purpose of the case before us. I am of opinion that in 
 order to comply with the section where you have cows, 
 you must do something more than say that they are cows 
 giving milk.' Lord Justice Spry very aptly said this : 
 ' The necessary description would differ in various cases ; 
 suppose the owner of twenty or thirty wild asses were 
 to comprise them in a bill of sale, I don't suppose it 
 would be necessary to go into an exact description of 
 every one of these creatures, but if the schedule com- 
 prised six race horses, I think one would expect a far 
 more exact description of the animals, and greater 
 assistance in the identification of them. Now the 
 same observations would apply to cattle ; for cattle on 
 the hills, a general description would do ; but if a man 
 had some short-horns with valuable pedigrees, I think 
 one would require another, and more accurate descrip- 
 tion. It is said that the description milch is specific. 
 It does not seem to me that there is any difference 
 between these milch cows and any other milch cows. 
 They might have names, or they might be described
 
 THE SMART LAWYER 9 1 
 
 by their colour, or by some marks, or by their age. I 
 will not take upon myself to say what ought to have 
 been done to make this description specific, because 
 I really don't know, and I care very much less. It 
 is sufficient that they have not done what I think they 
 ought to do, and upon that ground I am content to 
 decide against them.' Then comes the judgment of the 
 dissenting Judge, and he very wisely observes : ' It seems 
 to me, what would be a sufficient specific description 
 as applied to one subject, may not be a sufficient 
 specific description as applied to another. Here the 
 description complained of is twenty-one milch cows ; now 
 these cows, as I understand it, were ordinary cows. They 
 gave milk in the ordinary way ; they eat hay and 
 grass Hke other cows, and they chewed the cud. It is 
 not suggested that they were cows of a special breed, 
 that they had crumpled horns, or that they were of 
 any particular colour, or had pet names, and even if 
 they had been named Polly, or Peggy, or Violet, it 
 might have been said that there were plenty of other 
 cows who were also named Follies, Peggies, or Violets. 
 I suppose the proper way to describe them was the way 
 in which a business man having to deal with such things 
 would describe them. If it is suggested that their 
 colour should be mentioned, all I can say is, I don't 
 believe it is usual for a business man to describe cows 
 by their colour, and as for describing them by name, 
 it seems to me ridiculous to suggest that in a dairy.
 
 92 HIS LITTLE BILL OF SALE 
 
 COWS would have pet names. If it were sheep, I do 
 know something about sheep, because I have kept 
 sheep, you would describe your lambs as wether lambs, 
 or your sheep two-tooth, four-tooth, six-tooth, or broken 
 mouth, and, therefore, a hundred sheep simply would not 
 be sufficient. I find in a passage from the judgment 
 of Johnson, L.J., that he thought a description of 
 twenty chairs would be sufficient.' ' Ah ! ' said Mr Crushe, 
 ' we must look at that.' Then continuing to read, ' I 
 might go a little further, and supposing the description 
 was twenty-one dining-room chairs ; could it be said that 
 it was not sufficient ? Would it be necessary to say, " with 
 oak backs and red leather seats, and so on ? " Well, 
 we need not read any further, because, now I come 
 to think of it, there is a reason why these cases 
 are not material. I have been wasting time. It is a 
 very interesting inquiry, but section 4 of the Bill of 
 Sale Act, which deals with the description, does not 
 avoid the bill of sale as against the grantor, so we 
 cannot avail ourselves of the mis-description in the 
 schedule.' 
 
 Tomkins began to think that this looked rather bad, 
 and was about to say something, but Mr Crushe stopped 
 him. 
 
 'Well, I tell you what it is, Millar, I have made 
 up my mind what to advise you to do. Whether 
 the bill of sale as a document is bad or not, 
 remains to be seen, but if Mr Tomkins' story is
 
 THE SMART LAWYER 93 
 
 correct, as to the way in which it was obtained 
 from him, there is no doubt that a fraud has been 
 committed, and our best course is for him to make a 
 strong affidavit, and then issue a writ against the bank 
 for damages for trespass and to set aside the bill of sale, 
 and we will apply for an injunction at Chambers to- 
 morrow morning.'
 
 CHAPTER IX 
 
 AT CHAMBERS 
 
 This sudden conclusion of Mr Crushe was due to the fact 
 that he had just recollected an appointment at his club 
 for which he was already late, and it was necessary to get 
 rid of his client. Mr Millar agreed that this course 
 should be pursued at once, and they left the Great Man's 
 chambers. Tomkins was very soon afterwards dis- 
 missed by the sharp solicitor, with instructions to call 
 upon him first thing in the morning, for the purpose of 
 swearing an affidavit. Tomkins had not the slightest 
 idea what that was, but he thought it as well to leave 
 himself in the hands of his advisers, and he therefore 
 promised to call as requested. He went home, and 
 had still the m.ortification of finding the men in 
 possession, yet, as he could do nothing that night, he 
 had to submit to their presence ; and as he learned that 
 they remained in the kitchen, and so long as they had 
 something to eat and drink, did not make themselves un- 
 pleasant, he submitted to the inevitable with a good grace. 
 The next morning, Tomkins was at Mr Millar's office
 
 AT CHAMBERS 95 
 
 at 9.30, and found that gentleman quite ready for him. 
 Mr Millar thought he had got hold of a good case, and 
 saw his way to a substantial bill of costs, and he had 
 satisfied himself that he should have no difficulty in 
 getting it paid sooner or later from one side or the other, 
 consequently he had worked over night and had an affi- 
 davit ready. This was the affidavit : — 
 
 In the High Court of Justice^ 
 
 Queen's Bench Division. No. T. 1893. 
 
 Between Thomas Tomkins, . . . plaintiffs 
 and 
 The National Union Credit Discount Premium and 
 Deposit Bank, . . . defendants. 
 
 I, Thomas Tomkins of Villas, Wandsworth, in the 
 
 County of Surrey, make oath and say as follows : — 
 
 I. In consequence of a communication received by 
 me from one Sleimy on the i8th day of December 
 189 — , I called at the defendants' place of business, and 
 found the name of Sleimy on the door, and had an inter- 
 view with him in his private office ; I, at the time, not 
 knowing that he had any connection with the defendants. 
 The said Sleimy represented himself to me as a philan- 
 thropic and benevolent individual, and I having had no 
 experience of money-lenders, believed him to be so. 
 The said Sleimy offered to lend me the sum of ^20, 
 which I was to repay to him by monthly instalments of 
 £2 per month upon the security of my note of hand
 
 96 HIS LITTLE BILL OF SALE 
 
 only, and I expressly told him that I would not give a 
 bill of sale or any security over my furniture. 
 
 2. That at a subsequent interview on the 22nd day of 
 December the said Sleimy told me that he could not lend 
 me less than £,2,0^ and that I could repay ;£io at once, and 
 he handed me ;^3o in bank-notes of ;^5 each, two of which 
 I immediately returned to him. At the same interview, 
 the said Sleimy induced me to drink a quantity of wine 
 which I now believe to have been drugged, and I have 
 not a very clear recollection of what took place, but I 
 do remember signing two documents which the said 
 Sleimy stated to me were promissory notes, and which I 
 did not read, relying entirely upon the statements made 
 by him. 
 
 3. I have since ascertained that the defendants had 
 sent two men to my house, surreptitiously, who obtained 
 admission by falsely representing to my wife that they 
 were looking at a house in the neighbourhood and 
 wanted to see how the houses looked furnished, and that 
 having so obtained admission, they must have made an 
 inventory of my furniture, and that the said Sleimy, 
 acting in collision with the defendants, must have pre- 
 pared a bill of sale of such furniture, which the said 
 Sleimy got me to sign, believing, as before stated, that 
 it was merely a promissory note. I never read such 
 document, and had I known that it was a bill of sale I 
 should have refused to sign it. 
 
 4. No instalment was due until the 23rd day of
 
 AT CHAMBERS 97 
 
 January, when, owing to illness in my family, I became 
 a few hours in arrear with the first of such instalments, 
 and I called at the defendants' place of business several 
 times in order to see the said Sleimy about it, but I was 
 unable to find him ; and on the said 23rd day of January, 
 the defendant placed two men in possession of my fur- 
 niture under an alleged bill of sale, which I then for the 
 first time heard of. 
 
 5. That I immediately offered to pay to the men in 
 possession, and subsequently to the defendants at their 
 office, the said instalment and any reasonable cost they 
 might have been put to, in order to get the men out of 
 possession of my furniture without prejudice to my 
 legal rights, but the defendants refused to accept the 
 same or to withdraw from possession unless I paid them 
 the whole of the amount alleged to be due to them and 
 the expenses of possession, which I am unable to do, and 
 I verily believe that unless restrained by the order of 
 this Honourable Court they intend, at the expiration of 
 the five days mentioned in section 13 of the Bill of Sale 
 Act 1882, to remove and sell my said furniture. 
 
 (Signed) Thomas Tomkins. 
 ^ Sworn before me on the 25th day of January 189 — . 
 
 N. Sydney Smith, 
 
 A Commissionei- to administer oaths in the 
 Supreme Court of Judicature. 
 
 Armed with this document, Mr Millar went off to 
 
 G
 
 9S HIS LITTLE EILL OF SALE 
 
 the Royal Courts, and at once issued a writ endorsed 
 in the following form : — 
 
 * The Plaintiff's claim is for damages for trespass and 
 
 wrongful seizure of his goods and chattels, and for 
 
 an injunction.' 
 
 He then waited at the Royal Courts until a judge 
 
 arrived, for the purpose of making his application for 
 
 an injunction. 
 
 The magnificent pile which cost the country some- 
 thing like five millions of money is certainly in extent 
 magnificent enough, but its architect had more regard 
 for the delight of gothic arches and pinnacles and 
 obscurity, than for the purpose for which he was 
 instructed to exercise his genius. Any person of 
 ordinary capacity can find the Royal Courts, but when 
 he gets there his trouble has only begun. Dingy 
 galleries, pathless underground labyrinths dotted with 
 obstructive pillars, and illogically placed staircases, are 
 the characteristics of this peculiar evolution of nineteenth 
 century ingenuity. It is true there are large placards 
 displayed at every convenient and inconvenient corner, 
 directing one's attention to the refreshment rooms, which 
 are situated in a sort of a cellar, whose dreary walls 
 and gloomy windows do not tend to exhilarate the 
 weary and famished suitor. It is also true that after 
 some years of experience the barrister or solicitor whose 
 practice takes him every day to the Supreme Court 
 may be able to find his way about ; but the ordinary
 
 AT CHAMBERS 99 
 
 individual, even though possessed of a genius for locality, 
 will have to struggle manfully with many a difficulty, 
 before he finds the particular court or room in which 
 his case or matter is to be attended to. The room 
 which is dignified with the title of Judges' Chambers 
 in the Queen's Bench Division, is to be found more easily 
 than some of the others, but to get to the room is one 
 thing, to do one's business there, another. To arrive 
 outside it, one enters a dismal archway opposite that 
 curious municipal monument commonly known as the 
 'Griffin,' which marks the spot where Temple Bar 
 once stood. In this archway or portico, there is a sort 
 of wooden box in which a janitor sits, who either sells 
 lists, or takes the names of cabs, or performs some other 
 duty, the exact nature of which we have never been 
 able to ascertain, but after confronting him one turns 
 to the right and goes down a step into a dark passage, 
 one branch of which introduces the visitor to certain 
 other long gloomy passages, out of which open various 
 rooms appropriated to the mysterious functions of various 
 clerks in the building. One will be an office for the 
 issue of writs, another for the sale of stamps, another 
 for the filing of documents, and so on ; but no chart is 
 supplied of the building, no indications are put up at the 
 entrance of the passages. The rooms are 'mostly known 
 by numbers, and the exact office to which a person wants 
 to go, to perfect the diflFerent details of the legal business 
 upon which he is engaged, are generally at a considerable
 
 TOO HIS LITTLE BILL OF SALE 
 
 distance from one another, and entail a vast amount of 
 running backwards and forwards. A staircase immedi- 
 ately opposite the before-mentioned archw^ay gives access 
 by four flights of stairs to a sort of contracted hall, which 
 looks as if it had been designed of very much nobler 
 proportions, and then cut up on one side by a massive 
 wall and passage, and on the other by a sort of stone 
 screen with a passage at the back and a gallery up above. 
 Nothing more architecturally ugly than this hall and lobby 
 can be -well conceived. There are two or three pillars 
 of some coarse stone that has become excessively dirty ; 
 there are some wooden barriers at the entrance of the 
 rooms in which the masters sit, and another w^ooden 
 barrier across the before-mentioned passage which leads 
 into the barristers' waiting-room, and which passage is so 
 dark, that the gas has always to be kept burning, and the 
 ventilation of which, when crowded with solicitors, clerks, 
 and others w^aiting on the judge and masters in Chambers 
 reminds one very forcibly of an East-end Police Court. 
 The waiting-room for the Bar is not quite so bad, though 
 it would be more conducive to their comfort if it was 
 not a thoroughfare, if it was a little less draughty in 
 winter time, and if some accommodation was provided 
 for those who frequent it. Mr Millar had to wait about 
 sometimes in this room and sometimes in the passage, 
 until the judge arrived and he could get in to make his 
 ex parte application. There is no sensible method of 
 conducting business at Judges' Chambers. The rules
 
 ^ 
 
 AT CHAMBERS lOI 
 
 are simply a disgrace to those responsible for them. 
 The lists of summonses for the judge are made out, 
 counsel's list at eleven o'clock, solicitor's at twelve o'clock. 
 There are generally about twenty counsel's summonses, 
 and it is not twice in the course of the year that the 
 solicitor's list is called at twelve o'clock, nevertheless at 
 that hour the solicitors or their clerks must be there and 
 kick their heels about in the dreary passage until the 
 counsel's list is done and they can be heard, or after 
 waiting for half-an-hour, they are courteously told that 
 the list is adjourned till two o'clock, and then they have 
 to come back and wait again, the probability being that 
 counsel's list is not even then disposed of, and that two 
 means three or four o'clock, and very often the following 
 day. Counsel are not treated very much better. There is 
 a rule that the list is called twice before any party is 
 entitled to get an order in the absence of his opponent. 
 The consequence is, that a practice grows up of what is 
 known as a first and second call, and though one's case 
 may stand second in the list, and counsel on one side, and 
 all the parties may be ready, it may not suit the counsel 
 on the other side to go in, and the side in attendance 
 has to wait until all other summonses that are found to 
 be attended by both sides are heard and disposed of. 
 This state of things has long been a, scandal to the 
 profession. There is no reason why summonses should 
 not be dealt with in the same way as cases in Court, but 
 our judges are unfortunately autocrats in this matter,
 
 102 HIS LITTLE BILL OF SALE 
 
 and the suitor and his advisers have to grin and bear it. 
 It is to be hoped, however, that the public are beginning 
 to show, by a marked disincHnation to Htigate any more, 
 that they are determined to desert the profession unless 
 the profession become alive to a sense of what the public 
 requires. To return to our sheep : Mr Millar's application, 
 being an ex parte one, he was entitled to be heard before 
 the judge commenced his list, and on explaining the 
 nature of his business to the very courteous grey-headed 
 official who has the pleasure of attending to these 
 matters, and is rewarded for his extreme fidelity with 
 an elegant uniform and a seat on a hard wooden 
 bench in the passage we have already described, 
 he was admitted into the judges' room. Mr Justice 
 Pomposity sat behind a table in about as uncom- 
 fortable a position as the discharge of duty could 
 entail upon any man. There was a big draughty window 
 right up to the top of the lofty room on his right. To 
 counteract the cold of the external atmosphere coming 
 through it, there was a blazing fire immediately at his 
 back, which, of course, had only the effect of drawing all 
 the draught from the window across his somewhat bald 
 head, and from the door across his unprotected feet, and 
 at that post he had to sit for four or five hours listening 
 to the various matters which he had to decide. It is no 
 wonder that under such trying circumstances the judge's 
 decisions at Chambers are sometimes upset by the 
 Divisional Court, and towards three o'clock in the day
 
 . AT CHAMBERS IO3 
 
 the judge may be forgiven if he gets a little irritable and 
 illogical. However, Mr Millar found him in a fairly good 
 temper, and this is what passed : — 
 
 The Judge. — What is the nature of your application ? 
 Mr Millar. — My lord, I want an ex parte injunction 
 to restrain the defendants from removing or selling the 
 plaintiff's furniture, seized by them under a bill of sale, 
 which our affidavit shows was obtained by fraud. 
 The Judge. — What is the nature of the fraud ? 
 Mr Millar. — The plaintiff never intended to give a 
 bill of sale at all. 
 
 The Judge. — Did he execute it ? 
 
 Mr Millar. — Yes, my lord, we admit that, but his 
 signature was obtained by fraud, he believing at the 
 time that he was only signing a promissory note. 
 
 The Judge. — Have you any authority for such an 
 injunction ? 
 
 Mr Millar. — I think, if your lordship will read the 
 affidavit, you will be satisfied that I make out a case for 
 an injunction, and your lordship may perhaps give me 
 leave to issue a summons returnable at an early date to 
 continue the injunction till the trial of the action. 
 The Judge. — Give me your affidavit. 
 Mr Millar handed the judge the affidavit that had 
 been sworn by Tomkins. 
 
 Mr Justice Pomposity glanced rapidly through it, 
 uttering certain exclamations, such as, ' really,' ' too 
 bad,' ' shocking,' as he went on, and when he had
 
 I04 HIS LITTLE BILL OF SALE 
 
 concluded it, said, ' You may take your injunction, and 
 issue a summons returnable before me the day after 
 to-morrow. If the facts are true, it is a most scandalous 
 case.' 
 
 The judge wrote upon the back of the affidavit his 
 order for an injunction and the issue of a summons. 
 Mr Millar handed the affidavit to the judge's clerk, who 
 cancelled the two-shilling stamp upon it, and he then left 
 the room highly pleased, and descended to the lower 
 regions, where he had to visit one office to get his 
 order for the injunction, another office for the issue of 
 the summons under the judge's directions, another office 
 to buy the necessary stamps, and another office to enter 
 the summons in the judge's list for the appointed day.
 
 CHAPTER X 
 
 MR JUSTICE LANCELOT 
 
 On returning to his office, Mr Millar had the pleasure of 
 writing to his client to inform him that the judge had 
 granted an interlocutory injunction, and also of booking 
 against him 6s 8d in respect of such letter, the con- 
 tents of which were quite unintelligible to our hero, 
 but he took it for granted that all would go right, and 
 had the pleasure of comforting his wife with the 
 assurance that in a day or two, at latest, she would have 
 her home to herself. Meanwhile, the promptitude with 
 which Mr Millar had acted, and the strength of the case 
 put forward in Tomkins' affidavit, which was, of course, 
 served on the bank with the injunction, rather dismayed 
 these money-lending gentlemen, and Mr Sleimy was 
 called upon to make an affidavit in answer to the very 
 serious allegations which were put forward. When, how- 
 ever, Mr Roland Fisher, the bank solicitor, suggested to 
 that gentleman that he must make an affidavit in reply, 
 he found it convenient to have important business at 
 Manchester. In fact, Mr Sleimy, if possible, always had 
 important business at Manchester, to the knowledge of
 
 I06 HIS LITTLE BILL OF SALE 
 
 those who employed him when affidavits were required, 
 and it therefore devolved upon a clerk to make the best 
 case he could upon paper, in answer to what Tomkins 
 had alleged. The bank were so accustomed to this sort 
 of thing that their solicitor had little difficulty in 
 preparing what had become almost a stereotyped form 
 of affidavit in reply, and on the day when the summons 
 was returnable, and when Mr Millar, having previously 
 delivered a brief to Mr Rushe with instructions to 
 support the injunction, attended and met him in the 
 before-mentioned counsel's room at Judges' Chambers, he 
 was handed a copy of an affidavit in reply to that of his 
 client, in which the bank clerk deposed to the execution 
 by Tomkins of the bill of sale, and denied in the most 
 cursory manner the allegations of fraud that had been 
 put forward ; but it was strongly urged that Tomkins had 
 had the money of the bank upon the security of a bill of 
 sale, and the affidavit tried to make out that they had 
 nothing to do with any representations which Mr Sleimy 
 had made. Now, this was not the first case of this 
 nature in which Mr Crushe had had to meet such a method 
 of defence, and he was therefore able at once to prog- 
 nosticate the result of the summons before the judge, and 
 said to his client : ' This is just the sort of affidavit I 
 expected. We shall maintain the injunction, but the 
 question will be upon what terms, as the defendants will 
 contend they are at any rate entitled to some security in 
 case the bill of sale is held good.'
 
 MR JUSTICE LANCELOT IO7 
 
 'Well,' said Mr Millar, 'you must do the best you can.' 
 He then went to interview the gentleman in charge of 
 the list, to ascertain what prospect there was of getting in 
 to be heard upon the summons. Now, it so happened, 
 that on this particular morning, Mr Justice Pomposity 
 had been requested by his brother judges to go down to 
 the Old Bailey, and, accordingly, he had to get another 
 judge, who, of course, knew nothing about cases that 
 had been already partly heard, to take his place at 
 Chambers. 
 
 Mr Justice Lancelot had a great objection to sitting in 
 Chambers, and especially to deciding cases which were 
 not in the nature of appeals, or in which he had not the 
 presence of another judge to assist him. He was a judge 
 who had been elevated to the bench, principally because he 
 was a thorough gentleman, and a jolly fellow, a fact which 
 is in itself a recommendation, seeing that so many of the 
 occupants of the bench in the present day consider that 
 brusqueness, if not actual rudeness, excuses a lack of 
 judicial ability. Mr Justice Lancelot had succeeded in 
 earning a reputation for kindness, good humour and 
 benevolence, if he was not considered altogether a 
 Justinian. But the qualities we have above named did 
 not conduce to rapidity in clearing lists, which seems to 
 be one of the main ambitions of the majority of judges, 
 for we venture to think that it is far more in the hopes 
 of shortening the business, than for any other reason, that 
 some of them adopt a tone of rudeness and shut-upish-
 
 I08 HIS LITTLE BILL OF SALE 
 
 ness towards counsel and others who come before them. 
 Mr Justice Lancelot's list therefore progressed very 
 slowly, and Mr Braithwaite-Crushe had been enabled 
 to dispose of several other cases before he and his 
 opponent could get in to be heard in the case of Tomkins 
 V. The National Union Credit Discount Premium and 
 Deposit Bank. They then had to stand about for some 
 time while the judge was disposing of the case already 
 before him, and it may be somewhat instructive to give a 
 short sketch of what took place in this matter. Mr 
 Joshlin was for the plaintiff, and Mr Whitty for the 
 defendant, and the defendant had taken out a summons 
 requiring the plaintiff to give a further and better 
 answer to some interrogatories. There were sixteen of 
 these beautiful creations, most of which ran something 
 in this way : — 
 
 ' Did you not, on the i8th August or on some other 
 date, and when ? at the defendant's place of business at 
 1 8 Old Broad Street, in the city of London, or at some 
 other place, and where ? give the defendant or some 
 other person or persons, and who ? an order or some 
 other request, and what request ? and state whether or 
 not the same was in writing or verbal, and identify the 
 same by date, or in some other sufficient manner ? for the 
 purchase of a grey mare, the subject matter of this action 
 or of some other, and what horse or horses ? and whether 
 or not was the same order given in the presence of some 
 other person or persons, and if so, of whom, or how
 
 MR JUSTICE LANCELOT IO9 
 
 otherwise ? ' This string of rigmarole had been replied 
 to in this way : — 
 
 ' I did not give the defendant any order at all.' 
 
 The master had upon a summons to give a further 
 and better answer to these and other interrogatories, 
 which were to the like effect, and answered in a similar 
 manner, ordered that a further and better answer 
 should be given, and the plaintiff appealed. Mr Joshlin 
 said, ' My lord, there are fourteen of these interroga- 
 tories. I think I have answered them sufficiently.' 
 ' Mr Justice Lancelot. — What on earth is all this about ? 
 Where is your summons ? 
 
 The summons was handed to him. 
 
 ' I see you want the defendant to give you a further 
 and better answer to his interrogatories.' 
 
 'No, my lord,' said Mr Joshlin, ' the master has made 
 an order — ' 
 
 Mr Justice Lancelot. — Oh, stop, stop, stop, don't tell 
 me about the master's order. What is it you want me 
 to do? 
 
 ' I want your lordship to upset the master's order.' 
 
 Mr Justice Lancelot. — And that was that the defen- 
 dant should give a further and better answer to your 
 interrogatories ? 
 
 Mr Joshlin. — I am very sorry, my lord, that I have 
 not made myself clear. This is my appeal — 
 
 Mr Justice Lancelot. — Oh, yes, I know. It is you 
 coming here to me to alter the master's order.
 
 no HIS LITTLE BILL OF SALE 
 
 Mr Joshlin. — Quite so, my lord. 
 
 Mr Justice Lancelot. — Well then, let us get on. 
 
 Mr Joshlin. — Yes, but your lordship will see that the 
 order was the other way to — 
 
 Mr Justice Lancelot. — Oh ! I see, I see ; I begin to 
 understand. The master refused to make the order, but 
 then why should you appeal against it if it was in your 
 favour ? 
 
 Mr Whitty. — May I explain, my lord ? 
 
 Mr Justice Lancelot. — No, no, no ; please, Mr Whitty, 
 don't interrupt. T really cannot attend to two gentlemen 
 at once. It is most distressing when counsel, although 
 with the best intention in the world, will interpose while 
 the judge is speaking to his opponent. Of course, I 
 know, Mr Whitty, you spoke only with the intention of 
 assisting me, but kindly let me get at the facts of this 
 very complicated question from your opponent, if I can. 
 Now, Mr Joshlin, will you tell me why you think the 
 master's order upon the defendants is wrong ? i 
 
 Mr Joshlin. — ' Well, my lord, I have tried to explain to 
 you that the order is for me to give a further and better 
 answer to the defendant's interrogatories. 
 
 Mr Justice Lancelot. — Well, well, well, well, why 
 didn't you say so at once, then I should have understood 
 you ? I am quite sure that counsel always endeavour, 
 and I may say, use their best endeavours to assist the 
 Court, but somehow these matters at Chambers are so 
 complicated, that T find the greatest difficulty in getting
 
 MR JUSTICE LANCELOT I I I 
 
 from counsel what they are really about. Now, I under- 
 stand it all. It is you who object to the master's order 
 to give a further and better answer. Why do you 
 object ? If you are telling the truth you know it cannot 
 make very much difference. 
 
 Mr Joshlin. — Well, my lord, I will just read you the 
 interrogatory and the answer. 
 
 Mr Joshlin read the rigmarole above. 
 
 Mr Justice Lancelot. — Very well. Now, Mr Whitty, 
 why do you think that answer is not sufficient ? It seems 
 to me that he denies the whole thing. What more do 
 you want ? 
 
 Mr Whitty. — My lord, the plaintiff has not answered 
 the interrogatories at all. He ought to have dealt with 
 each separate question, and given a distinct answer. He 
 has merely evaded telling me what I want to know, and 
 what I am entitled to know, and there are two authori- 
 ties, my lord, which show that such an answer is 
 insufficient. 
 
 Mr Justice Lancelot. — Dear, dear me, I should have 
 thought that this was one of the simplest matters and 
 every-day practice, but I don't know ; you may be right. 
 But surely if you ask a man whether he gave a certain 
 order and he say he did not, that must be enough. 
 
 Mr Whitty. — No, ni}^ lord, it is not, because he may 
 have given another order, and might cover his answer 
 by contending that the answer he has sworn only refers 
 to the one order as to the grey mare.
 
 I 1 2 HIS LITTLE BILL OF SALE 
 
 Mr Justice Lancelot. — But I suppose this case will be 
 tried by a judge and jury. Now I think of it, you have not 
 told me at all what the case is about, but I suppose it 
 does not much matter. It is something to do with 
 a horse. 
 
 Mrjoshlin. — Yes, my lord. 
 
 Mr Whitty. — No, my lord, a mare. 
 
 Mrjoshlin. — Well, a mare is a horse, isn't it ? 
 
 Mr Jjisticc Lancelot. — Now, Mr Joshlin, you must 
 not interrupt. You know I would not let Mr Whitty 
 interrupt before. 
 
 Mrjoshlin. — I beg pardon, my lord. 
 
 Mr Whitty. — As I was saying, my lord, this answer 
 does not deal sufficiently with the substance of the 
 question put to him, and the plaintiff is bound to answer 
 an interrogatory in such a way that I can make use of 
 it at the trial. 
 
 Air Justice Lancelot. — Well, so you can, because if 
 you rely upon it as it is now, it will put you out of 
 Court, I suppose, and that you will find very useful. 
 
 Mr Whitty. — Yes, my lord, but that is just what T 
 object to. If he answers my questions fully, as the 
 master has decided he must answer them, I expect the 
 result will be the other way. 
 
 Mr Justice Lancelot.— Y on are a bold man in expecta- 
 tion ; surely that would be very inconvenient to the 
 defendant ?
 
 xMR JUSTICE LANCELOT II3 
 
 Mr Whitty (laughing).— That's just what I intend it to 
 be, my lord. 
 
 Mr Justice Lancelot. — Now, seriously, Mr Whitty, 
 do you suppose the plaintiff is going to give you an 
 answer that will practically prove your case ? 
 
 Mrjoshlin. — Especially when I have already sworn 
 that I actually gave him no order. 
 
 Mr Justice Lancelot.— RedWy^ Mr Joshlin, if you 
 interrupt again, I shall adjourn this summons. I can- 
 not hear two counsel speak at the same time, though 
 you both speak very nicely, I admit. 
 
 Mr Whitty.— My lord, all these questions were 
 fully gone into before the master, and he came to 
 the conclusion that this was not a bond fide answer, 
 and that I was entitled to get something more in the 
 way of information than the plaintiff has given me. 
 I don't want to trouble your lordship with a lot of 
 authorities. 
 
 Mr Whitty pointed to fifteen books which his clerk 
 in the background held ready in case his master 
 wanted them. 
 
 Mr Justice Lancelot.— Oh, do spare me that at 
 Chambers, Mr Whitty, I have such a lot of it when 
 I am sitting in the Divisional Court. Now Mr 
 Joshlin, as the master has decided this matter, and 
 as he knows a good deal more about these cases than 
 I do, I shall simply confirm your order, and you 
 
 H
 
 114 HI^ LITTLE BILL OF SALE 
 
 can go to the Divisional Court if you like, and they 
 can set me right if I am wrong. 
 
 Mr Joshlin. — Very well, my lord, if you think so, 
 but you won't give the costs against me. 
 
 Mr Justice Lancelot. — Now, gentlemen, pray do 
 oblige me. Don't begin a long wrangle about the 
 costs, because I have quite made up my mind in this 
 case, that unless the appeal is an improper one — and 
 I am sure, Mr Joshlin, you would not do anything 
 improper — the costs may well be costs in the cause. 
 
 Mr Whitty. — Surely, my lord, the plaintiff has 
 brought us here and failed. They ought to be our 
 costs, in any event. 
 
 Mr Justice Lancelot (rubbing his forehead in a 
 most distressed condition). — In every case I have a long 
 wrangle about the costs. I wish there were no costs ; 
 I had rather pay them myself. What do you say, 
 Mr Joshlin? 
 
 Mr Joshlin. — My lord, that they may just as well 
 be costs in the cause. My friend is quite certain he 
 is going to win. 
 
 Mr Justice Lancelot. — Well, I'll tell you what I 
 shall do. I'll reserve these costs to be dealt with by 
 the judge at the trial. Now I won't make any other 
 order. 
 
 He then wrote on the back of the summons, 
 'Appeal allowed, costs reserved for judge at trial.' 
 
 Mr Whitty got hold of the summons, and at once
 
 MR JUSTICE LANCELOT I I 5 
 
 said : ' I am afraid your lordship has made a mistake ; 
 you have put " Appeal allowed ; " your lordship means 
 " dismissed." ' 
 
 Mr Justice Lancelot. — Have I really ? Well, give 
 it me back ; this Chamber work is really very distressing. 
 
 He altered the indorsement, and looked wearily at the 
 gentlemen who were ready for the next summons. 
 
 Mr Joshlin and Mr Whitty left, and Mr Braithwaite- 
 Crushe, and Mr Topham, who was the gentleman 
 instructed to appear for the bank, stepped forward to 
 the judge's table. 
 
 ' What's this ? ' said Mr Justice Lancelot to the 
 two gentlemen. 
 
 'My lord,' said Mr Crushe, 'it's a summons to 
 continue an injunction granted by Mr Justice Pom- 
 posity.' 
 
 ' Oh, well,' said Mr Justice Lancelot, ' if my brother 
 Pomposity granted an injunction, of course it is all 
 right. I suppose it is a matter of course, and perhaps 
 costs. Eh ? ' looking hard at Mr Topham. 
 
 ' On the contrary, my lord,' said he, ' we very much 
 object to the injunction.' 
 
 ' No doubt you do,' replied the judge. ' I have heard 
 restrained persons do so before. But you don't expect 
 me to overrule a decision of m}' brother Pomposity, 
 do you ? He knows a good deal more about these 
 matters than I do.' 
 
 Mr Topham. — Without any disrespect to the learned
 
 Il6 HIS LITTLE BILL OF SALE 
 
 judge, the injunction was granted somewhat hastily 
 and on insufficient materials. 
 
 'Well, well, you had better tell him so, then ; I 
 shall not interfere. Indeed, I do not see how I can 
 interfere. You cannot come to me on an appeal from 
 a learned brother in Chambers.' 
 
 'My lord/ replied Mr Topham, 'this injunction was 
 obtained ex parte, and I am entitled to show cause 
 against its being continued.' 
 
 Mr Justice Lancelot. — Why did not you say so 
 before ? You gentlemen do waste such a lot of my 
 very valuable time before you come to the point. 
 Which of you am I to hear first? Don't both speak 
 at once ; that's all I beg of you. 
 
 ' My lord,' said Mr Braithwaite-Crushe, ' if you will 
 allow me to explain the matter, it is very simple — ' 
 
 ' But,' interposed Mr Topham, ' the injunction is 
 against me, and it's for me to show cause against it.' 
 
 ' I really do not know as to that,' said the judge, ' but 
 as I shall have to hear you both, I don't care which 
 begins, so long as you don't both speak at once. In 
 every case I hear at Chambers, I have the same difficulty. 
 Both counsel want to talk at the same time, and as I 
 also like to talk a bit myself, I am annoyed, because, 
 then all I can do is to sit and listen ; but you don't know 
 how it embarrasses me when you gentlemen won't agree 
 between yourselves as to which is to talk and which is 
 to keep quiet, and when I am to come in. Now, I don't
 
 MR JUSTICE LANCELOT I I 7 
 
 know at all which is right and which is wrong, but if 
 Mr Braithwaite-Crushe will keep quiet, I will hear you, 
 Mr Topham.' 
 
 Mr Braithwaite-Crushe smiled and bowed politely. 
 
 Mr Topham began : ' Mr Justice Pomposity granted 
 an ex parte injunction, restraining my clients from pro- 
 ceeding to realise their security of which they were in 
 possession.' 
 
 ' Well, no doubt, he was right. I suppose you ought 
 not to have been in possession.' 
 
 ' That's just it, my lord,' interposed Mr Crushe. 
 ' Their security is fraudulent.' 
 
 ' Mr Crushe, please,' said Mr Justice Lancelot, shaking 
 his hand at him, ' I will hear you presently in good 
 time, and don't use hard words ; they don't make any 
 impression upon me, I assure you. Just tell me, Mr 
 Topham, why was the injunction granted against 
 you ? ' 
 
 ' My lord, my clients held a bill of sale over the 
 plaintiff's goods.' 
 
 ' Plaintiff's goods,' said Mr Justice Lancelot. ' Then 
 jl^ou are for the defendant.' 
 
 ' Yes, my lord,' said Mr Topham. 
 
 * Oh, well, why did not you say so before ? We are all 
 wrong now again. Of course, I must hear the plaintiff 
 first. Why you gentlemen will go out of your way to 
 mislead me so, I cannot understand. Now, Mr Crushe, 
 let me hear you, please.'
 
 Il8 HIS LITTLE BILL OF SALE 
 
 ' But, my lord,' said Mr Topham, ' the injunction is 
 against me, and surely I have to show cause against it.' 
 
 ' No, no, no, if you are the defendant, you come last ; 
 at any rate, that is my opinion, and I shall hear Mr 
 Crushe. If I am wrong, you must get the Court of 
 Appeal to put me right. That's all.' 
 
 Mr Topham. — I should not think, my lord, of going 
 to the Court of Appeal from your lordship on a point of 
 practice, but might I point out, that if I do not show 
 cause against the injunction, it stands, and therefore I 
 ought to begin. 
 
 ' Well, never mind, you won't begin here, and you are 
 only wasting a lot of time. Now, Mr Crushe, tell me 
 what is your complaint against the defendant, and what 
 order you want me to make.' 
 
 ' My lord,' began Mr Crushe, very slowly, and in a 
 very dignified manner, * the defendants are in possession 
 of my client's house and furniture.' 
 
 ' Surely, surely,' said the judge, ' they have not 
 turned the poor man out of his house. If they have, I'll 
 teach them something.' 
 
 Mr Crushe. — No, my lord, not quite so bad as that, 
 though their conduct is disgraceful enough. My affidavit 
 shows that they obtained a bill of sale from my client 
 by fraud, and have taken possession and threatened to 
 sell him up. 
 
 ' Surely, surely, you cannot sell a man up because he 
 does not pay a bill of exchange. I always thought that
 
 MR JUSTICE LANCELOT IIQ 
 
 the law was that you must get judgment first, before 
 you can put in an execution. Is not that so, Mr 
 Crushe ? ' 
 
 ' I said bill of sale, my lord, and not bill of exchange.' 
 
 ' No, no, no, I am sure you said bill of exchange ; 
 perhaps you meant bill of sale. Well, then, it is a bill 
 of sale, and not a bill of exchange. Where is it ? ' 
 
 ' I have a copy here, my lord.' 
 
 ' You are sure it is a bill of sale ? Don't afterwards 
 tell me it is a bill of exchange.' 
 
 ' No, my lord.' 
 
 The Judge. — Because, of course, there is a good deal of 
 difference. A bill of exchange is a negotiable instru- 
 ment, and a bill of sale is not ; at least, I believe it is 
 not. What is a bill of sale ? Do either of you gentle- 
 men know exactly what it is ? 
 
 Mr Cnishe. — My friend ought to, because his clients 
 are rather good at the business. 
 
 The Judge. — Well, never mind, let us get on, but do 
 not tell me presently that it is bill of exchange, and 
 not a bill of sale, because I have now got it in my mind 
 that this case is about a bill of sale. 
 
 Air Crushe. — That's quite right, my lord. The 
 plaintiffs affidavit shows — 
 
 The Judge. — Never mind what it shows, let me read 
 it for myself. 
 
 Mr Crushe. — I thought, ray lord, it might save time if 
 I stated the contents.
 
 I20 HIS LITTLE BILL OF SALE 
 
 The Judge. — Oh, if you gentlemen only knew what a 
 lot of time is wasted by trying to save a little. Give 
 me the affidavit or I will adjourn this case. I cannot 
 put off the whole of the business of the day for this 
 one case. 
 
 The judge's clerk here handed him the original affidavit, 
 and the judge motioning both counsel to be silent, 
 proceeded to read it. As he went along he asked various 
 questions. ' What is this gentleman ? ' 
 
 Mr Crushe. — A bank clerk, my lord. 
 
 The Judge. — You don't mean to say so. Are bank 
 clerks really so silly as this ? I always thought bankers 
 were pretty smart people. 
 
 Mr Crushe. — Yes, my lord, bankers are, but their 
 clerks are often very foolish in these sort of matters, 
 and the defendants have taken advantage of this poor 
 man's folly. 
 
 Mr Topham (interposed). — If his tale is true, but I 
 shall ask your lordship not to believe it. 
 
 The Judge. — Not believe it ! Why, it's sworn to. 
 Here's his affidavit. He swears positively he did not 
 know it was a bill of sale. You don't mean to tell me 
 that this gentleman, however big a fool he is, is likely to 
 have told a lie in an affidavit. I never heard of such a 
 suggestion before. 
 
 ' My lord,' replied Mr Topham, ' affidavits are not 
 always to be relied upon.' 
 
 The Judge. — I never said the)' were, Mr Topham,
 
 MR JUSTICE LANCELOT 121 
 
 but this gentleman's story is quite consistent, and it 
 would be more polite if you did not catch up my words. 
 
 * I beg your lordship's pardon,' replied Mr Topham. 
 
 The Judge. — Well, well, well, it does not matter now. 
 You say, Mr Crushe, that my brother Pomposity was 
 wrong in granting the injunction on this affidavit. I 
 cannot agree with you, I must dismiss this appeal with 
 costs. 
 
 Mr Crushe concealed his laughter as well as he possibly 
 could, and then said ; ' Your lordship has taken the 
 right view, only I have not made the position quite 
 clear. The injunction was granted in my favour, and 
 I want it continued until the trial, and I also want an 
 order for the defendant to withdraw from possession. 
 There are several reasons why the bill of sale, if not 
 fraudulent, is bad.' 
 
 The Judge. — But why do you want to trouble about 
 this now ? The affidavit is quite enough for me. It 
 shows a prima facie case of most improper dealing, and 
 I think the plaintiff ought to be protected, and I will 
 protect him as far as I can. Of course, yoxa will pay 
 back the money he actually borrowed ; then, I suppose, 
 there will be an end of the matter, Mr Topham, won't 
 there ? 
 
 Now this was a very sensible suggestion, but it did 
 not suit Mr Crushe, because his client, our unfortunate 
 friend Tomkins, could not pay back the mone}'', but 
 while Mr Crushe was considering how he should meet
 
 122 PUS LITTLE BILL OF SALE 
 
 it, Mr Topham saved him the trouble by saying, ' My 
 lord, your lordship is making an order without having 
 heard the other side.' 
 
 The Judge. — That is a most improper suggestion, Mr 
 Topham, and one that ought not to be made. I was 
 trying to save both parties the costs and trouble of a 
 long litigation, and you meet my endeavour by the 
 usual ingratitude. 
 
 ' My lord,' said Mr Topham, ' your lordship has 
 misunderstood me, and I merely meant that I want 
 your lordship to read my affidavit before you form any 
 conclusion upon the merits of the case.' 
 
 The Judge. — What ! have you got an affidavit ? 
 Why did you not tell me so before ? How was I to 
 know you had an affidavit ? You really expect me to do 
 your work for you. It is too bad. Where is your 
 affidavit ? Give it to me ; let me read it. I think, Mr 
 Crushe, you ought to have told me that there was an 
 affidavit on the other side. 
 
 'My lord,' replied Mr Crushe, ' I had no intention of 
 deceiving your lordship. I simply thought that you could 
 not read two affidavits at the same time, and was 
 watching for you to have finished mine, and to have 
 become fully possessed of the facts therein.' 
 
 The Judge. — Well, now, give me this affidavit and I 
 will read it. I know, Mr Crushe, you would not attempt 
 to deceive the Court. 
 
 Mr Crushe bowed.
 
 MR JUSTICE LANCELOT 1 23 
 
 The judge got a copy of the affidavit of the bank clerk 
 and read it, and then said, ' Now, Mr Topham, this is 
 really too bad. I really don't know where we are 
 nowadays. You give me the affidavit of Mr Johnson, 
 who knows nothing about the matter, and tell me that 
 it is an affidavit in reply to the plaintiflF's. Why does 
 not Mr Sleimy — I think that is the name — make an 
 affidavit ? ' 
 
 Air Crushe (laughing). — I suppose, my lord, because 
 he cannot. 
 
 The Judge. — Please, please, please, Mr Crushe, I am 
 talking to Mr Topham. Now, what do you say, Mr 
 Topham ? Why does not Mr Sleimy make an affidavit ? 
 
 ' My lord, it is stated in that affidavit that Mr Sleimy 
 is in Manchester, and this injunction was only granted 
 two days ago ; we have not had time to communicate 
 with him.' 
 
 The Judge. — Is your client here, Mr Topham ? 
 
 'My solicitor is, my lord.' 
 
 The Judge. — Will he undertake to say that Mr 
 Sleimy is prepared to answer this affidavit ? 
 
 Mr Topham conferred with his client for a few 
 moments. 
 
 * No, my lord, I cannot say that, because my client has 
 not seen him yet, but I have no doubt he can.' 
 
 The Judge. — No doubt ! does not meet my question. 
 I shall assume that he cannot, Mr Topham. Now I 
 will hear anything that you have got to say.
 
 124 ^^S LITTLE BILL OF SALE 
 
 Mr Topham made a long oration about bills of sales 
 in general, and the way in which people giving them 
 are generally trying to defraud their creditors, and 
 protested finally that as the signature to the bill of 
 sale was admitted, it was for the plaintiff to show that 
 there was anything wrong with it, and that unless he 
 was prepared to pay the money that would be due 
 to the defendants if he failed in the action, it 
 would be most unjust to deprive his clients of their 
 security. Then he went on to show that the bill of 
 sale was legal and good, and he also suggested that 
 Tomkins was not worth anything, and that if he failed 
 in the action they would not only lose their money but 
 their security as well, and be saddled with the costs of 
 the litigation. 
 
 Mr Justice Lancelot listened patiently and then said, 
 ' Well now, there is a good deal in what you have said, 
 Mr Topham. I don't see why there should be an. 
 injunction. Why should not the plaintiff wait until 
 the trial of the action ? If he is right, he will have a 
 counter claim for damages.' 
 
 ' That's all I ask, my lord,' said Mr Topham. 
 
 Mr Crushe now began to be a little bit frightened and 
 therefore interposed : ' I hope your lordship will now 
 
 hear me.' 
 
 The Judge. — Dear me, I thought I had heard you 
 already, Mr Crushe. Are you entitled to reply in 
 Chambers ?
 
 MR JUSTICE LANCELOT I 25 
 
 ' I do not strictly know, my lord, but your lordship 
 has certainly not heard what I have to say.' 
 
 The Judge. — Well then, of course, I will hear you. 
 I hope I never have, and I hope I never shall make an 
 order against anybody without hearing him fully, but 
 do not you think before you go into an argument that 
 it is reasonable that the defendants should have some 
 security. 
 
 ' No, my lord, I will tell your lordship why. In the 
 first place, the bill of sale is bad. I will ask your lordship 
 to look at it, we have got a copy, and there are plenty 
 of authorities.' Mr Crushe here turned to a little boy 
 who had been standing patiently staggering under the 
 weight of a red bag, and taking this from the youth, 
 he proceeded to unload upon the table a series of some 
 ten or twelve volumes of law reports. 
 
 Mr Justice Lancelot waved his hand. ' It is really 
 too bad, Mr Crushe. You surely do not expect me to 
 go through all those cases at Chambers.' 
 
 ' My lord, I think I shall only require to state one 
 or two. There is first of all Dawson v. Smith on the 
 quebtion of what ought to be done when a bill of sale 
 is alleged to be fraudulent.' 
 
 Mr Justice Lancelot took up the affidavit of the 
 plaintiff again and began looking at it. ' You have 
 used that word before, Mr Crushe.' 
 
 * Yes, my lord, and I am afraid I shall have to use it 
 again. My case is that 'the signature to this bill of sale
 
 126 HIS LITTLE BILL OF SALE 
 
 was obtained from my client by gross fraud on the part 
 of Mr Sleimy, who has not ventured to deny this, 
 while my dient has put the matter upon oath in the 
 affidavit your lordship has just read.' 
 
 The Judge. — Then you suggest, Mr Crushe, that for 
 the purpose of this injunction I am to accept your 
 affidavit. 
 
 ' Certainly, my lord, you are bound to do so ; and if 
 your lordship will consider for a moment, you will see 
 that by permitting the defendants to sell my client up, 
 they will be practically depriving him of any benefit he 
 could get in this action, because damages are not com- 
 pensation for a wrecked home and the loss of a man's 
 household goods ; but beyond this, my lord, I intend to 
 show that the bill of sale, on the face of it, is bad within 
 several authorities.' 
 
 The Judge. — Stop, stop, stop, Mr Crushe. Do let me 
 try and understand what your case is. You say the 
 execution of the bill of sale was obtained by the fraud 
 of Sleimy. 
 
 ' Your lordship is perfectly accurate.' 
 
 The Judge.— And. your clients, Mr Topham, do not 
 deny that the loan was carried out through Sleimy, do 
 
 they ? 
 
 Mr Crushe.— Your lordship has just hit the very point. 
 
 Mr Topham.— My lord, we do not deny that he 
 carried out the loan, but we do deny that he had any 
 authority from us to perpetrate a fraud.
 
 MR JUSTICE LANCELOT 1 27 
 
 The Judge. — That may be so, but if he was your 
 agent I shall assume for the present purpose that you 
 have not repudiated what he did, and I won't allow this 
 man to be sold up ; if I am wrong, the Divisonal Court 
 will set me right. Do you wish to say anything more, 
 Mr Crushe ? 
 
 * No, my lord, not now that your lordship thoroughly 
 understands my case. I am prepared to show your 
 lordship on the authorities that the bill of sale is bad, 
 but I understand your lordship does not require me 
 to do so.' 
 
 'No, no, Mr Crushe.' Mr Justice Lancelot then 
 gathered himself back in his chair and proceeded to 
 give a formal judgment. ' As far as I can understand 
 this case, which I much wish had been put before me 
 more clearly by the counsel for the different parties, it 
 is in the nature of an appeal, from an order of my 
 brother Pomposity at Chambers, granting an injunction, 
 and ordering the defendants to leave the plaintiff's 
 house.' 
 
 Mr Crushe was about to interpose and tell the judge 
 that this was no part of Mr Justice Pomposity's order, 
 though he wanted an order to that effect, but Mr Justice 
 Lancelot waved him to be quiet, and continued, 
 'Now, the case is that this bill of sale, under which 
 alone can the defendants justify their conduct in 
 entering the plaintiff's house and seizing his furni- 
 ture, was obtained from him by the fraud of a man
 
 128 HIS LITTLE BILL OF SALE 
 
 named Sleimy, who does not make any affidavit. I 
 think I am right in assuming in that case he cannot. 
 It is suggested to me that he is in Manchester. Well, I 
 don't know how that may be, but I recolJect when I used 
 to go the northern circuit, that affidavits were some- 
 times made in Manchester, and I should think the 
 defendants' solicitors might have sent a clerk down to 
 Mr Sleimy and got an affidavit from him.' 
 
 Mr Topham, here seeing that the judge was going to 
 decide against him, interposed with a suggestion : 
 
 ' If your lordship will adjourn this case, we will try to 
 get an affidavit from Mr Sleimy.' 
 
 ' Do not interrupt me, Mr Topham ; I won't adjourn 
 anything. I have heard everything you both had to say 
 and I really cannot fill my paper on some other day, even 
 if it was right that you should have an opportunity to 
 get an affidavit. In my opinion, it is entirely your own 
 fault that you have not got one, and if you ask me to 
 say what I think, I do not believe you want to get one. 
 Now, that being the way the facts stand, it seems to me 
 that it is the duty of the Court to interfere and protect 
 the plaintiff, so that if he succeeds in the action, he may 
 be in as good a position as he was before this fraud was 
 committed upon him. Mind, I am not deciding whether 
 or not the fraud has been committed. That will be for 
 the jury at the trial, but my brother Pomposity came to 
 the conclusion that z. prima facie case of fraud was made 
 out, and I agree with him, and I think that the affidavit 
 
 (
 
 MR JUSTICE LANCELOT I 29 
 
 of the defendants' clerk has not answered that case, but 
 has only rather confirmed it, because there would have 
 been a very easy answer to the plaintiff's complaint if it 
 was not true, and that answer has not been made. 
 Therefore, I think that Mr Crush e is entitled to every- 
 thing he asks, and T shall continue this injunction, if that 
 is what he wants me to do, T am not quite clear, and 
 order the plaintiffs to go out of possession of the goods.' 
 
 ' Your lordship means the defendants, I presume.' 
 
 ' Yes, yes, of course, and don't you gentlemen begin 
 the usual wrangle about costs. I will make them costs in 
 the cause.' 
 
 Mr Topham then said : ' My lord, with every respect, 
 we shall desire to go to the Court of Appeal, and perhaps 
 your lordship will allow the order as to withdrawing 
 from possession to stand over until we have an oppor- 
 tunity of being heard.' 
 
 The Judge. — Mr Topham, I will not interfere to assist 
 your client one bit ; you may go to the House of Lords 
 if you like, and I only hope that you will find Lord 
 Field sitting when you get there, for I recollect his 
 malting exactly a similar order in a case in which I 
 was counsel some seven or eight years ago, and he 
 spoke very strongly about these bills of sale. 
 
 ' But, my lord,' said Mr Topham, ' supposing the 
 plaintiff, after we withdraw, moves, or sells his furni- 
 ture.' 
 
 The Judge. — You will, of course, give the usual
 
 130 HIS LITTLE BILL OF SALE 
 
 undertaking as to damages, I suppose, Mr Crushe. I 
 don't exactly know what the usual undertaking as 
 to damages is, but I have heard of it, and I suppose 
 it is a usual thing to give, and you will give it. 
 
 ' Oh yes, my lord,' said Mr Crushe. 
 
 The Judge. — Very well, then, Mr Topham, you must 
 take your chance. If your clients will employ men like 
 Mr Sleimy, who are afraid to make affidavits, they must 
 take the consequences. There, now, you have made me 
 give an opinion upon the merits which I distinctly 
 intended not to do, and you have got it for what it's 
 worth. 
 
 While saying this, Mr Justice Lancelot endorsed 
 the summons with the order he had made, and 
 handed it to Mr Crushe, who left with Mr Millar in a 
 high state of satisfaction. 
 
 I
 
 CHAPTER XI 
 
 sleimy's try on 
 
 Mr Millar had the pleasure of telegraphing to his 
 client the result of the summons at Chambers, and a few 
 hours afterwards, in obedience to the order of the Court, 
 which the defendants thought it best to obey at once, 
 the men were withdrawn from possession. So when 
 Tomkins reached his home that evening, he had the 
 satisfaction of finding his wife all smiles again, and his 
 little home once more his own. Nevertheless, his joy 
 received something of a damper the following morning 
 by the receipt of a letter from Mr Millar, telling him 
 that the defendants had given notice of appeal to 
 th^ Divisional Court, but as Mr Millar did not seem 
 terrified, and he himself had not the smallest notion 
 what an appeal to the Divisional Court meant, 
 he did not distress himself about it, but went forth to 
 his work with the fixed idea that his case was now won, 
 and that he would have no more trouble, except to pay 
 the instalments as they became due. The appeal, 
 however, was a serious affair to Mr Millar, and, of
 
 132 HIS LITTLE BILL OF SALE 
 
 course, he had another conference with Mr Crushe 
 about it, but that gentleman only laughed at his 
 uneasiness, and rather seemed to enjoy the prospect 
 of another fight than otherwise. ' The Divisional 
 Court,' said he, ' is not likely to upset the decision 
 of a judge at Chambers on the question of an injunc- 
 tion, and I believe it is nothing but a bit of bounce 
 on their part, which, if I know you Millar, won't have 
 the slightest effect.' 
 
 * I shall be entirely guided by my counsel,' replied the 
 other ; ' you shall have your brief in a few days, and then 
 you will let me know if you will want any further 
 affidavits, or anything of that sort.' 
 
 ' Certainly,' replied Mr Crushe, and he dismissed 
 Tomkins and his troubles from his mind for the 
 present. 
 
 It was some three or four weeks after the injunction 
 had been obtained, and Tomkins had almost forgotten 
 that he was involved in a lawsuit, when, one evening, 
 who should make his appearance at his house but our 
 old friend, Mr Sleim}'. If Tomkins had had time to 
 prevent him being shown into the house he would 
 certainly have done so, but unfortunately the little 
 servant was so completely overcome by Mr Sleimy's 
 grand appearance that she ushered him into the drawing- 
 room without taking any instructions, and told her 
 master that there was a gentleman waiting to see him. 
 
 Upon seeing who his visitor was our hero started back.
 
 sleimy's try on 133 
 
 ' You ! ' he exclaimed, ' what brings you here ? ' 
 
 Mr Sleimy laughed softly, and taking no notice of 
 Tomkins' aggressive demeanour said, 'My dear friend, 
 I have only just returned to London and heard to my 
 surprise that the bank had been treating you very 
 badly. Why didn't you write to me? You know I 
 would have made no difficulty in giving you time.' 
 
 Tomkins stared at him in blank astonishment, and 
 could not answer him for some moments. Then he 
 said quietly, 'You know perfectly well that I not 
 only wrote but called upon you and you would not see 
 me. I don't know what has induced you to come here, 
 but I presume my house is still my own and I will be 
 much obliged if you will leave it.' 
 
 At this Mr Sleimy only laughed gently, and played 
 with his watch-chain. 'I don't wonder,' said he, 'that 
 you are looking upon things in this light, for the bank 
 took advantage of my absence to treat you very badly, 
 but I assure you it is not my fault.' 
 
 ' Not your fault ! ' exclaimed Tomkins indignantly, 
 't^^at you got me to sign a bill of sale without my 
 knowing what it was ! If you don't go this instant, 
 you scoundrel, I will kick you out of the place.' 
 
 Now this was really a very bold assertion on the part 
 of Tomkins, because Sleimy was nearly twice his size, 
 and it was not doubtful in whose favour the football 
 match would have ended, but he was in a rage at the 
 recollection of his wrongs and he meant what he said.
 
 134 HIS LITTLE BILL OF SALE 
 
 Nevertheless, Mr Sleimy was not terrified, but merely 
 laughed again at the indignant outburst. 
 
 'You are quite right to feel sore, my dear friend,' 
 said he, 'I should feel just the same myself, but the 
 bank had no right whatever to make use of those 
 documents as they did. However, I did not come to 
 see you to make you lose your temper, but to show 
 you that I was really your friend and will put the 
 whole matter right for you if you will leave it to me.' 
 
 'Thank you very much,' said Tomkins, not as yet 
 mollified, ' but I have a very good solicitor.' 
 
 ' We all think them good, my friend, till we get their 
 bills of costs. Now, you don't want to be ruined by 
 law costs I know, and as I am really a little to blame 
 in the matter, I am going to make you a generous offer. 
 We will say nothing about the bill of sale. You shall 
 give us your promise to pay back the money I lent you 
 by Christmas, and we will just let the proceedings 
 between you and the bank stop where they are, and 
 I will tell you at once they have not treated you very 
 well, yet, as I believe you to be thoroughly honest, if 
 you want a little more accommodation I will give it you 
 out of my own pocket.' 
 
 Tomkins hesitated a moment. He certainly felt that 
 as an honest man, notwithstanding the injuries he had 
 suffered, he must pay back the money he had borrowed, 
 and it was a great advantage to him to get the whole 
 year for this purpose.
 
 sleimy's try on 135 
 
 Mr Sleimy saw what was in his mind, and pressed 
 him still further. ' Consider,' said he, ' what position 
 you will be in if you lose your action, as you most 
 certainly will if I give my evidence against you, 
 although, of course, I should do so most reluctantly, 
 and have, up to the present, refused to make any 
 affidavit against you. Still the bank might subpoena 
 me, and then I could not help myself. In addition to 
 the bank costs you will have a nice little bill from Mr 
 Millar ; whereas, if you accept my oflfer, I will arrange 
 with Mr Millar and the bank, or, if you have to pay 
 Millar a bill I will lend you the money, and you will be 
 a free man, and save yourself all anxiety. Besides,' 
 added he in an insinuating tone, 'you know you 
 cannot fight without its getting about, and your 
 employers might not be altogether pleased to know 
 that you were concerned in a lawsuit about a bill of 
 sale.' 
 
 Now, it so happened that this was the one considera- 
 tion that had made Tomkins listen to Mr Sleimy at all, 
 for he dreaded, above all things, losing his situation, 
 and the wary Sleimy relied on this argument to enable 
 him to accomplish his object. Tomkins did not reply, 
 but was thinking, and Mr Sleimy pressed his ad- 
 vantage. 
 
 ' My dear friend, just consider. You have a wife and 
 family relying on you for support. Even admitting for the 
 moment that your story is correct, and that you have
 
 136 HIS LITTLE BILL OF SALE 
 
 been regularly taken in, what better terms can you hope 
 to get than these I offer you, and what is the use of your 
 spending a lot of money, and giving yourself no end of 
 anxiety to try and punish the bank ? On the other 
 hand, if I come forward against you, you won't find 
 things go quite so easy as you imagine, and if they do go 
 wrong, I grieve to think what the consequence would be 
 to you, whereas to us it matters very little.' 
 
 Tomkins could not fail to be struck by this argument. 
 He did not feel himself called upon to act as the Avenger 
 of society, but he began to think that he might do worse 
 than get out of his difficulties by means of some com- 
 promise with the man before him, however unscrupulous 
 that person might be. While he was in this frame of 
 mind, Mr Sleimy drew from his pocket some papers, and 
 said : ' There, now, you just sign these. It will make an 
 end of the matter, and I will give you X^o °^^ ^^ "^Y 
 own pocket.' 
 
 Fortunately for Tomkins, Mr Sleimy accidentally drew 
 out of his pocket with the other papers, one that he had 
 intended to keep in reserve until everything else was 
 amicably settled, but by some means or other, Tomkins 
 never knew exactly how, this was the paper which 
 he read first. Sleimy had felt it hopeless to get him 
 again to sign a paper without reading it. It was simply 
 a short acknowledgment to the effect that the bill of sale 
 was given intentionally. The instant his eye grasped 
 the contents of this document, Mr Sleimy saw from the
 
 SLEIMYS TRY ON 137 
 
 altered expression of his face, the misfortune that 
 had overtaken him, and wrenched the papers rapidly 
 away. Before Tomkins knew what he was doing, Sleimy 
 had regained possession of them, but it was enough. 
 
 ' My dear sir,' apologised Mr Sleimy, ' I only meant 
 you to sign that in case we agreed to everything.' 
 
 But Tomkins was now on his guard. * If you will 
 give me those papers, Mr Sleimy, I will read them, and 
 will think the matter over and let you know.' 
 
 ' I think I had better send you copies of them, and 
 call again.' 
 
 ' Yes, perhaps so,' said Tomkins. And Sleimy left, 
 defeated for that time at least.
 
 CHAPTER XII 
 
 IN THE DIVISIONAL COURT 
 
 Meanwhile the motion on appeal to the Divisional 
 Court from the order of Mr Justice Lancelot at 
 Chambers had been set down in the list of what is 
 called Opposed Motions on the Civil Side. Mr Braith- 
 waite-Crushe had had his brief delivered for some time, 
 so had his opponent, Mr Topham ; and two of Her 
 Majesty's judges having at last found time to spend 
 a few days in clearing off this particular class of business, 
 considerable progress was made in the list ; so that at 
 last Tomkins v. The National Union Credit Discount 
 Premium and Deposit Bank got into the paper for 
 the day, and each learned counsel appeared in the 
 Divisional Court clad in those silly and old-fashioned 
 garments, without which, it is still supposed, that a 
 man cannot argue a point of law. Either learned 
 gentleman produced upon the desk in front of him 
 a large number of reports and text-books for use upon 
 the argument of the motion, and placed them beside 
 his brief.
 
 IN THE DIVISIONAL COURT 1 39 
 
 In the good old times which preceded the supposed 
 reform of our judicial system in 1875, the Divisional 
 Courts, which were then called sittings in Banc, had 
 some reason for their existence. Three judges, including 
 generally the Chief Justice of the division, sat to 
 review the decision of the master or judge, or decide 
 some knotty point brought before them, by way of 
 motion in the first instance, but the glorious common 
 sense arrangements of our ancestors were not con- 
 sidered good enough by the would-be reformers of the 
 latter half of the present century. They therefore set 
 about trying a series of experiments, interesting enough 
 in their way, to everybody except those most concerned, 
 namely — the wretched suitors who have to pay for all 
 eccentricity, and the unhappy lawyers who find from 
 day to day that the present system is driving litigants 
 more and more from the Courts of Justice. 
 
 Now, when three judges of high ability sat together, 
 there was at least a fair chance of obtaining a satisfactory 
 judgment after solemn argument. But under present 
 arrangements, two only sit to review the decision of 
 a third, and one of them is always sure to feel a 
 certain amount of diffidence and disinclination to 
 review, not only his learned brother at Chambers, but 
 the other member of the Court, with the result that 
 the litigant is very little better off for the appeal, and, 
 unable to obtain satisfaction in this tribunal, he has 
 to go a step further, and take the opinion of three
 
 140 HIS LITTLE BILL OF SALE 
 
 Other judges in the Court of Appeal. A Court com- 
 posed of two judges really administers justice in accord- 
 ance with the views of the stronger of the two only. 
 If Divisional Courts are still to exist, we should like 
 to see them supplemented by the addition of one 
 judge of the Court of Appeal as the presiding 
 authority. 
 
 However, the defendants had the right to ask the 
 Divisional Court to review the decision of Mr Justice 
 Lancelot at Chambers, and there was beyond, the Court 
 of Appeal to determine whether or not the other three 
 had arrived at a right conclusion, and all this machinery 
 had an attendant expense which must, of course, 
 be borne by the unfortunate individual who happens 
 to be declared in the wrong by the final decision. 
 Neither is it limited to the question of who was right 
 or wrong in the first instance, for either party is allowed 
 to use fresh materials, not only on questions of fact, 
 but to cite further authorities in law, and the Court 
 of Appeal has even gone so far as to make a litigant 
 pay the costs of an appeal brought upon one of its 
 own decisions, upon which it had thought fit to change 
 its mind before the case fought upon it came up for 
 revision. It is more than probable that if our unfor- 
 tunate friend Tomkins had known what was in store 
 for him before he instructed his sharp solicitor, he 
 would have gone down on his knees to the defendants, 
 and let them do whatever they liked. But legal, like
 
 IN THE DIVISIONAL COURT I4I 
 
 other experience of our short career, is only bought b}- 
 suffering and sorrow. However, we anticipate. 
 
 On the day in question, Mr Justice Brushaway and 
 Mr Justice Sleepy were the presiding luminaries in the 
 Divisional Court. It was one of those days which are 
 marked in the calendar with a red letter. Why ? 
 Nobody in the present day seems exactly to know ; 
 and if you ask the question, you will probably get 
 several different answers more or less unsatisfactory, 
 but whatever may be the real reason, the judges still 
 stick to the custom of appearing in scarlet dressing- 
 gowns (we beg their pardon, we mean robes, but they 
 look like dressing-gowns) on these occasions. They 
 might complete the harmony by wearing red wigs, and 
 we would humbly suggest that this matter might well 
 form a subject of consideration amongst their body the 
 next time they meet in their rule committee. It is 
 more than possible that the long discussion which such 
 a proposal would be sure to lead to might prevent them 
 again unsettling the practice for a few years to come. 
 
 At half-past ten an usher called 'silence,' and the 
 judges clad as aforesaid, after bowing to the Bar and 
 to one another, and, finally, to themselves, took their 
 seats, and first of all asked if there were any ex parte 
 motions. 
 
 We are not going to explain all the mysteries which 
 lie hidden beneath this question : how the presiding 
 judge with a most affable smile inquires of the learned
 
 142 HIS LITTLE BILL OF SALE 
 
 counsel in the front row, by name, whether they move ; 
 and how each one rises, and bows, and sits down again ; 
 and how the request is then made generally to the 
 junior Bar, and how these gentlemen smile and keep 
 their seats. All this is known, and may be witnessed 
 any day by those admitted to our tribunals of justice. 
 But it was particularly annoying to Mr Braithwaite- 
 Crushe, who had an important case in the Bankruptcy 
 Court, that before Tomkins v. The National Union 
 Credit Discount Premium and Deposit Bank, which 
 stood at the head of the list, was called on, Mr Thomas 
 Sterner moved the Court ex parte. It was for some time 
 doubtful to those present if he intended to move, or if 
 he was only changing his seat, for he was so long and 
 so thin, and it took him such a time to rise, that another 
 ex parte motion might have been made and determined 
 while he was obtaining his full height and position 
 behind the Bar, and when he did so, there came from 
 the lamp-post-like top of this singular personality a 
 squeaky voice which said, ' My lords, I have to move 
 ex parte for a rule calling on the justices of Middle- 
 borough-by-the-Sea to show cause why a mandamus 
 should not issue to compel them to hear the complaint 
 of Susannah Banana, an apple woman who keeps a 
 stall in the market-place of that ancient and historic 
 borough.' 
 
 Mr Jtistice Sleepy. — Did you say Middleborough, 
 Mr Sterner ?
 
 IN THE DIVISIONAL COURT 1 43 
 
 Mr Sterner. — Yes, my lord, Middleborough-by-the- 
 Sea. 
 
 Mr Justice Briishaway. — What is it the apple woman 
 complains of? 
 
 Mr Sterner. — My lord, she applied to the magistrates 
 for a summons against two boys of the names of Herbert 
 Atkins and Thomas Watson, who had interfered with 
 her trade and assaulted her upon two occasions. She 
 had called a constable, and the constable had refused to 
 take the charge on the ground that the assault was 
 committed on private premises. 
 
 Mr Justice Brushaway. — Private premises of an apple 
 woman, Mr Stemer ? 
 
 'Yes, my lord, the contention is that the apple 
 woman's stall, being pitched beside a wall on a piece 
 of ground for which she pays twopence a week rent, 
 and where she has a small cellar for the purpose of 
 storing her fruit, is a private place or shop and not an 
 open stall in the street. This woman has, it appears, 
 been summoned before for obstructing the traffic by 
 her stall, and it then appeared that the justices refused 
 to convict on this ground, that the place where the stall 
 stood was her private property, and not part of the public 
 thoroughfare.' 
 
 Mr Justice Brushaway. — That would appear to be 
 right, Mr Stemer. Are you complaining of that ? 
 
 Mr Stemer. — No, my lord, we rather like that, if the 
 truth must be told. What we complain of here is, that
 
 144 HIS LITTLE BILL OF SALE 
 
 the justices refuse a summons against these boys, because 
 they said they did not think much of the assault, and 
 that as regards the nuisance, the place must be held to 
 be a shop and the complainant's proper course was to 
 exclude such members of the public as she did not wish 
 for customers. 
 
 Mr Justice Sleepy. — The point is a curious one. 
 Have you got any authority for saying that it is a 
 nuisance for persons to go into an open shop and remain 
 there longer than the proprietor desires ? Is it not the 
 proper course for the proprietor to eject such persons ? 
 
 Mr Sterner. — Perhaps so, my lord, but how is a poor 
 old apple woman to eject these boys^? It was in the 
 course of trying to do so that the assaults took place, 
 and the constable refused assistance. 
 
 ' I see,' said Mr Justice Brushaway, ' from your 
 affidavit; that you allege that one of these boys stole an 
 apple, though it was only a bad apple.' 
 
 * I do not think we say that, my lord.' 
 
 ' Yes, you do, just listen. " On the morning of the day 
 in question, Watson took a bad apple from my stall, and, 
 after biting it, threw it into the street, and declined to 
 pay for it." Could he not have been given into custody 
 for stealing that apple ? ' 
 
 Mr Sterner. — Probably my client did not wish to take 
 an extreme course, nor go beyond requiring the magis- 
 trates to hear the complaint. It will be for them, upon 
 the evidence, to convict or not, but at present they have
 
 IN THE DIVISIONAL COURT 1 45 
 
 refused my client the remedy to which by law she seems 
 entitled. 
 
 Mr Justice Brushaway and Mr Justice Sleepy here 
 put their heads together, and had a little private con- 
 versation. 
 
 Mr Justice Brushaway then said : — It seems a pity to 
 put in force the whole machinery of this Court over such 
 a small matter, but we certainly think your affidavit 
 shows that you are entitled to a rule nisi. You might, 
 however, if so advised, renew your application to the 
 justices with an intimation from the Court that the 
 summons should be granted, and you can, of course, come 
 here again if you like, or take your rule now. 
 
 Mr Sterner. — If your lordships please. 
 
 There being no more ex parte motions, the associate 
 called the list, the first case in which was Tomkins v. 
 National Union Credit Discount Premium and Deposit 
 Bank. 
 
 Mr Topham thereupon arose and unfolded a big brief, 
 and began : — 
 
 ' My lords, this is an appeal from an order of Mr Justice 
 Lancelot, at Chambers, granting an injunction and direct- 
 ing the defendants to withdraw from possession under a 
 security, being a bill of sale, given by the plaintiff to 
 the defendants for securing an advance of £2^0 and 
 interest.' 
 
 Mr Braithwaite-Crushe here arose and interposed : * My 
 
 lords, there is a preliminary objection to this appeal.' 
 
 K
 
 146 HIS LITTLE BILL OF SALE 
 
 Mr Justice Brushavvay hated preliminary objections, and 
 at once attempted to sit upon Mr Crushe, saying, ' Don't 
 interrupt your opponent, we will hear you presently.' 
 
 But Mr Crushe knew very well that the other learned 
 judge, Mr Justice Sleepy, delighted in preliminary 
 objections, or in anything else that would get rid of 
 or shorten a case, and looking full at him he pressed his 
 point, that the preliminary objection should be disposed 
 of first. 
 
 Mr Justice Sleepy thereupon said a few words to his 
 colleague, who was obliged to give way as gracefully as 
 he could, and said : ' Very well, Mr Crushe, if you insist. 
 What is your preliminary objection ? ' 
 
 ' My lords, the appeal is not entered in time. The 
 rules provide, Order 54, Rule 24, that the appeal should 
 be made within eight days after the decision appealed 
 against, and the notice of motion in this case was not 
 served until the ninth day.' 
 
 The learned judges here refer to two large white 
 books, which are known as the Annual Practice, and 
 having with much trouble found this rule amongst a 
 labyrinth of others, asked. for the dates of the notice of 
 motion and service, and then seemed to think there was 
 something in Mr Crushe's point, for Mr Justice Brush- 
 away said : — 
 
 ' Mr Topham, what do you say to this ? Your notice 
 should apparently have been given on the fifth day for 
 the eighth.'
 
 IN THE DIVISIONAL COURT 147 
 
 Mr Topham. — My lords, that depends upon whether 
 these days are to be considered clear days or not clear 
 days. Where clear days are not mentioned, under 
 Order 64, Rule 12, the first day is to be excluded, and 
 the last day to be included, and if the rule says clear days, 
 it seems perfectly plain that both first and last days are 
 to be included ; and now, my lords, if these are not clear 
 days, and I take it they are not, we ought not to reckon 
 the first day, and then, if we post the notice on the last 
 day, though it would not have been received till the 
 next day, I apprehend we should have been in time. 
 
 Mr Crushe — My contention is, my lords, that whether 
 these are clear days or not, the notice must be served 
 upon us, so that it may be received within the time 
 limited by the rule. This was held to be so in a case of 
 Bextine x'.'Coner, 18, Q.B.D. 
 
 Mr Justice Briishaway (having said a word to his 
 learned brother). — Really, Mr Crushe, you are perhaps 
 right, but we cannot go into a number of authorities 
 upon a miserable question of an hour or two in the 
 service of the notice. You seem not to have been 
 prejudiced by any delay, if there has been any, and if 
 you are, we will consider that, and we will hear the 
 appeal, and if necessary extend the time. 
 
 Mr Crushe. — Very well, my lords, I thought it my 
 duty to take the point. And he sat down. 
 
 Mr Topham got up again, and extracting a little sheet 
 of paper on which were sundry notes, went on with
 
 148 HIS LITTLE BILL OF SALE 
 
 his case : ' My lords, the action is brought by the 
 plaintiff—' 
 
 Mr Justice Brushaway. — Yes, yes, but what about the 
 injunction ? Did not you tell us that this appeal had 
 something to do with an injunction ? 
 
 ' Yes, my lord.' 
 
 Mr Justice Brushaway (with a significant sneer at 
 Mr Crushe).— That is what comes of interruptions. 
 Counsel begin a case, and just as we are about to under- 
 stand it, there is an interruption upon some rubbishing 
 preliminary objection, and we have to begin it all 
 over again. Tell us about the injunction, please, Mr 
 Topham ? 
 
 Mr Justice Sleepy smiled at Mr Crushe, as much as to 
 say : ' Never you mind my brother's temper. You were 
 quite right to take the objection.' But he said nothing. 
 
 Mr Topham. — The plaintiff got an injunction direct- 
 ing us to withdraw from possession of his goods, which 
 we had seized and were in possession of under a bill of 
 sale granted to us by the plaintiff on the 22nd day 
 of December 189 — . He admits having received the 
 money and being in arrears with the instalments. 
 
 Mr Justice Brushaway. — And you appear to have 
 rightly been in possession, Mr Topham. Why did my 
 brother Lancelot grant the injunction? 
 
 Mr Topham. — I was about to tell your lordship. The 
 plaintiff produced an affidavit alleging fraud by the 
 gentleman of the bank from whom he obtained the
 
 IN THE DIVISIONAL COURT 1 49 
 
 money. Unfortunately for us, the gentleman happened 
 to be in Manchester, and we could not get an affidavit 
 for him in answer, but we now have one which puts an 
 entirely different complexion upon the case. 
 
 Mr Crushe. — I have only had the affidavit this 
 morning, my lords. 
 
 Mr Justice Briishaway. — Pray, don't interrupt. We 
 will hear you presently. 
 
 But if Mr Justice Brushaway thought it possible that 
 he could shut up Mr Crushe he was very much mistaken, 
 for that gentleman at once, and in spite of Mr Justice 
 Brushaway's endeavour to silence him, insisted upon 
 saying : ' My lords, this affidavit was only handed to 
 us this morning, and I object to its being used.' 
 
 Mr Justice Brushaway, without referring to his col- 
 league, took no notice of the interruption, but told Mr 
 Topham to go on. 
 
 Mr Topham. — My lords, this affidavit shows that the 
 plaintiflPs story about the execution of this bill of sale is, 
 to say the least, highly coloured, and that the learned 
 judge ought not, at any rate, to have ordered us to give 
 up possession of our security except, perhaps, upon the 
 terms that the balance due should be brought into Court — 
 a course, my lords, to which my clients would not object, 
 although they would prefer to be allowed to realise 
 their security. 
 
 Mr Justice Brushaway had been reading Mr Sleimy's 
 affidavit, and apparently believed it, for he here inter-
 
 150 HIS LITTLE BILL OF SALE 
 
 rupted Mr Topham, and said : ' This affidavit, you say 
 was not before the learned judge at Chambers.' 
 
 ' No, my lord.' 
 
 'Very well, Mr Topham, speaking for myself, it seems 
 to me that this affidavit entirely disposes of any ques- 
 tion of fraud, and I think we had better hear what your 
 opponent has to sa}'. 
 
 Mr Justice Sleepy. — Of course you would be willing, 
 Mr Topham, to undertake not to part with or dispose of 
 the goods until after the trial of the action. 
 
 * Oh ! certainly, my lord.' 
 
 Mr Justice Brtishaway. — Don't you think, Mr Crushe, 
 that this would be the proper thing to do, unless you 
 are prepared to pay the money into Court, because, you 
 see, it is a hard measure to deprive a man of his security 
 altogether. 
 
 ' My lords,' said Mr Crushe, ' I am not in any way pre- 
 pared to assent to the view of your lordship. The learned 
 judge at Chambers put us under an undertaking not to 
 part with or remove the goods until after the trial of the 
 action, and, I submit, such an undertaking meets the full 
 justice of the case, but I am prepared to argue that Mr 
 Justice Lancelot's order is perfectly correct, and the only 
 one that could be made under the circumstances of this 
 case.' 
 
 ' Very well, Mr Crushe,' replied Mr Justice Brushaway, 
 ' then you must take your own course, only recollect that 
 we shall not offer you these terms again.'
 
 IN THE DIVISIONAL COURT 15I 
 
 ' I am prepared to risk that, my lord,' said Mr Crushe. 
 ' The case of the plaintiff is, that this bill of sale was 
 obtained from him by the gross fraud of the man Sleimy, 
 and I will read your lordship his affidavit.' 
 
 Mr Justice Bnishmvay. — You need not trouble to do 
 that, because in the face of Mr Sleimy's affidavit, it 
 would be impossible, without trying the case, to say 
 that there is a clear case of fraud. I will take it for 
 granted that these gentlemen swear diametrically 
 opposite. But is the Court on an interlocutory pro- 
 ceeding to decide which of them is speaking the 
 truth ? ' 
 
 ' Certainly, my lords, if the justice of the case 
 requires that your lordships should do so.' 
 
 'I don't think it does,' said Mr Justice Brushaway, 
 'because you will have your remedy in the action, and 
 if you are right, you will get heavy damages. My 
 opinion is, that the order of Mr Justice Lancelot went 
 too far, but I cannot say that he was wrong, as he 
 had not this affidavit before him.' 
 
 'Then I understand,' said Mr Crushe, 'that your 
 lordships desire I should not argue the merits of the 
 case upon the affidavits. 
 
 ' That is what is in my mind,' replied Mr Justice 
 Brushaway. ' I take it for granted that there is a direct 
 conflict of fact, and we, in our discretion, think that the 
 offer made by the defendants fully meet the chance of 
 the plaintiff being in the right.'
 
 152 HIS LITTLE BILL OF SALE 
 
 Mr Crushe here felt that he could not carry this point 
 any further, so he took up another one : ' But, my 
 lords, the bill of sale in this case is clearly bad,' and he 
 proceeded to argue with the help of many authorities, 
 with which we need not trouble the reader, that the 
 document was void in law, and could not be en- 
 forced. 
 
 During this argument Mr Justice Sleepy dozed, and 
 Mr Justice Brushaway sat like a silent martyr listening, 
 but paying but very little attention. It was very near 
 luncheon time, and the Court was getting hungry ; 
 moreover, he had already made up his mind what he 
 intended to do in the case, and was not going to alter 
 it for Mr Crushe and his authorities, so that, after talking 
 for nearly half-an-hour, and citing every authority 
 his ingenuity could bring to bear on the point in 
 question, Mr Crushe had to sit down, feeling that he 
 had made no progress. Mr Justice Brushav/ay then 
 smiled at Mr Topham, and said : — 
 
 'We need not trouble you. It is quite clear in this 
 case that the plaintiff is not entitled to an injunction, 
 unless he can establish a case of fraud against the 
 defendant, notwithstanding the very able and learned 
 argument of the plaintiff's counsel. I should hesitate a 
 long time before I granted an injunction upon the 
 ground that there are clauses in the bill of sale that 
 may possibly at the trial be held sufficient to defeat 
 its operation, and I am not at all clear that we ought,
 
 IN THE DIVISIONAL COURT 1 53 
 
 even then, to do more than cancel the security on 
 the plaintiff paying back the money he has admittedly 
 received, though, at present, it is quite unnecessary to 
 decide any such point. I base my decision on the 
 broad fact that I do not believe the allegations of fraud 
 made out by the plaintiff, and I think the offer made 
 by Mr Topham was a generous one under the circum- 
 stances, and one that ought to have been accepted by 
 the plaintiff. As, however, it has been declined, I 
 think it only remains for us to dissolve this injunction. 
 The defendants, I understand, are under an under- 
 taking to remain in possession of the goods until the 
 trial of the action. The appeal, therefore, will to that 
 extent be allowed.' 
 
 Mr Justice Sleepy then said : — Although I am not 
 quite sure that I take the same view of the affidavits 
 as my learned brother, I am, nevertheless, inclined to 
 agree, and do agree with the judgment he has just 
 given. I wish to say that I consider that Mr Justice 
 Lancelot was perfectly right upon the materials which 
 were before him, but, of course, he had no affidavit 
 from the defendants. I should be disposed even now 
 to suggest to my learned brother, seeing that if the 
 plaintiff succeeds in the action, it might be very hard 
 on him to still permit the defendants to sell his goods, 
 that he might be allowed to remain in possession of the 
 goods upon bringing the amount of the security into 
 Court. (Mr Crushe shook his head at the learned judge, as
 
 154 HIS LITTLE BILL OF SALE 
 
 much as to say that he did not intend to do it). But, 
 if that offer is not accepted, I think the injunction 
 must be dissolved, and the appeal allowed.' 
 
 Mr Topham then got up triumphantly. ' That will 
 be with costs, my lord ? ' 
 
 Mr Crnshe interposed. — Surely they should be costs 
 in the cause, because the defendants have succeeded here 
 upon fresh evidence. 
 
 Mr Topham. — But this is a case where you charge 
 fraud, and you are not entitled to any indulgence 
 whatever. 
 
 Mr Justice Sleepy. — Surely you gentlemen ought to 
 be able to agree as to what is the proper order with 
 regard to costs in this appeal. 
 
 Mr Justice Brushaway. — That is one thing, Brother 
 Sleepy, about which counsel never agree. 
 
 Mr Crushe. — After your lordship has said that I dare 
 not falsify such an expression of opinion, otherwise I 
 was going to suggest that they might be left to the 
 discretion of the judge at the trial, if my friend would 
 consent to that. 
 
 Mr Topham. — I do not see why in this case the 
 ordinary rule should be departed from, that the success- 
 ful party should have the costs of the appeal. 
 
 Mr Justice Sleepy.— ^q\\ I do, Mr Topham, here, 
 because if the plaintiff at the trial succeeds in proving 
 fraud, the affidavit upon which you have succeeded 
 here cannot possibly be true, and it does seem right
 
 IN THE DIVISIONAL COURT 1 55 
 
 that an opening should be left for the reconsideration 
 of the question of the payment of these costs. 
 
 Air Justice Brushazvay. — It occurs to me, Mr 
 Topham, that you are not very likely to get them 
 anyhow, so perhaps we had better say costs in the 
 cause ; you know we indulged you by allowing you to 
 use this affidavit. 
 
 Mr Topham was about to argue the matter further, 
 but his client, who was only too satisfied to have got a 
 favourable order, whispered to him to accept this 
 suggestion, and he therefore tried to make it an act 
 of generosity, and said: 'My lords, my clients are not 
 actuated by any vindictive feelings, and they instruct 
 me to assent to the costs here and below being costs in 
 the cause.' 
 
 The judges then rose and went to luncheon ; but Mr 
 Crushe fired one parting shot at his opponent by telling 
 him that he would take him up to the Court of Appeal. 
 
 'All right,' said Mr Topham, 'House of Lords if you 
 like.'
 
 'V 
 
 CHAPTER XIII 
 
 IN THE COURT OF APPEAL 
 
 We need not trouble our readers with details of the 
 steps taken to enter the case for hearing in the Court 
 of Appeal. Suffice it to say it was duly entered, and 
 on the application of Mr Crushe marked as ' urgent.' 
 When a case is marked urgent by that august 
 tribunal, the Court of Appeal, it generally comes on 
 very soon. The presiding Lords Justices have, during 
 the last few years, used their best endeavours to 
 discourage resort to their tribunal, and in consequence 
 they have very little to do. Several times during recent 
 years, the judges have found themselves without any 
 work at all, and in consequence free to assist the Courts 
 of first instance. Our friend Tomkins reaped the 
 benefit of this state of business by getting his appeal 
 heard within a fortnight of the time it was entered. 
 Counsel's briefs were duly drawn and delivered, and on 
 the morning when the case stood in the paper, Mr 
 Crushe and his opponent were ready in their places 
 to argue this most important matter.
 
 IN THE COURT OF APPEAL 1 57 
 
 The Court sits in two divisions, consisting generally 
 of three judges each, and on this occasion the President 
 of the Division in which this appeal was to be heard, 
 was the 'chief baker,' not that ill-starred preparer of 
 pastry, who is referred to in scriptural history, and to 
 whom the virtuous Israelite gave such an unpleasant 
 warning, nor, as far as we know, any relation or 
 descendant of his, but a learned judge known as such 
 by reason of a slightly antiquated and not very brilliant 
 joke upon his title of ' Master of the Rolls.' 
 
 Why in his judicial capacity as President of the 
 Court of Appeal he should, nevertheless, retain a title 
 which is indicative of entirely different functions to 
 those which he performed when sitting in Court, is a 
 mystery with which we leave others to deal. We only 
 know that he is known and addressed as such, and of 
 course there must be a good reason for everything in 
 our judicial system ! The present holder of this illustrious 
 position was undoubtedly one of the greatest lawyers 
 of the century, and had he been called upon to exercise 
 his jurisdiction in the good old times before the Judicature 
 Acts upset the traditional principles of the administration 
 of justice, he would have been a far better judge than 
 under the present system, the worst feature of which 
 has been to encourage a most unwholesome uncertainty 
 in the decision of a case. In common with most of the 
 judges under the new regime, he and his colleagues 
 seemed to think that there was no particular advantage
 
 158 HIS LITTLE BILL OF SALE 
 
 to a commercial community like ours in having 
 principles of law set upon a fixed basis, and that justice 
 demanded that a case might be decided in accordance 
 with the particular view a judge happened to take of 
 the facts of the case in order to harmonise them with 
 the decision which he wished to give. It is perhaps too 
 early to say whether the new idea of justice is, or is not, 
 likely to become ultimately an improvement, but it 
 seems, ito an ordinary mind, far better that there 
 should be a fixed system of law, though such may at 
 times prove harsh and rigid, than that matters should 
 be reduced to such a state of uncertainty that the most 
 skilful practitioner is utterly unable to forecast the 
 result of litigation. It may be safe enough to leave an 
 absolute discretion in the hands of a man of unusually 
 vigorous intellect, and one who is thoroughly familiar 
 with business habits and customs, and who is entirely at 
 one with the commercial sentiments of the community. 
 But such intelligence is rare, and has only been fully 
 possessed by one great lawyer in recent years. The 
 present Master of the Rolls, however, was deservedly 
 popular with both branches of the profession. He had, 
 it is true, a somewhat sarcastic manner of snubbing and 
 attempting to silence counsel who did not at once fall 
 in with his views, and especially so with members of 
 the junior Bar, who found it no easy or pleasant matter 
 to conduct an uphill case when Lord Surrey took a 
 hostile attitude. He was perhaps apt to be arbitrary
 
 IN THE COURT OF APPEAL 159 
 
 and dictatorial, and to forget that the cause of justice 
 is not served by any conduct that may give an 
 impression that a judge is hasty or unwiUing to Hsten 
 to and consider any argument. But it must be re- 
 membered that he was a man of strong mental powers, 
 and also at a time of life when the most genial temper 
 is apt at times to be irritable if thwarted; and even those 
 who had the hardest battle before him, were bound 
 to admit that beneath the sarcasm and apparent cross- 
 ness which at times broke forth, there was an invariable 
 kind and benevolent disposition and cheerful readiness 
 to right a wrong, and no deliberate intention to say 
 or do anything that might intentionally give pain. 
 Lord Surrey was well known as a most benevolent, 
 kind-hearted old gentleman, and for this reason, as well 
 as I for his unfailing good temper and cheerfulness off 
 the bench, he was freely forgiven many an unkind or 
 satirical remark that might otherwise have engendered 
 resentment. 
 
 Lord Surrey's distinguished colleagues on this occasion 
 were Lords Justice Arch and Sapphire, both of them 
 common lawyers. The former had obtained his position 
 by an unparalleled run of good luck, and at an age, 
 when most men are still in active practice, he had 
 been appointed Lord Justice of Appeal, ,after having 
 had a very short apprenticeship as a judge of first 
 instance. He was quiet and sedate, rarely making an obser-
 
 l6o HIS LITTLE BILL OF SALE 
 
 vation except for the purposes of counteracting some 
 sarcastic or chilling remark from the President, and 
 when he interfered, it was generally to assist an over- 
 pressed junior to make his point clearly to the 
 Court. For this reason he was exceedingly popular ; 
 and although nobody could refer to anything he had ever 
 done or said of particular brilliancy, he had earned the 
 respect of every one who practised before him. Lord 
 Justice Sapphire owed his position entirely to political 
 influences. He had had the good fortune to be related 
 to several members of more than one cabinet, and they 
 had taken care to use their influence judiciously in his 
 favour, with a result that had been more than commen- 
 surate with his talents. But when he reached the Court 
 of Appeal, he showed at once that he had real good 
 stuff in him. He generally bent his intellect towards 
 assisting his colleagues to get at the bottom of a case, 
 and also to bring to bear upon it a very large knowledge 
 of case law. That was the one great knowledge he 
 possessed. He was a man who went through his day's 
 work as through life, without emotion, and apparently 
 without trouble. He would listen attentively to an 
 argument, rarely interrupting or commenting. His 
 judgments were somewhat colourless, being generally 
 repetitions, with a little elaboration of those of his 
 colleagues. He was neither liked nor disliked, but was 
 generally looked upon as a member of the Court who 
 was certain to agree with the Chief. It was, however.
 
 IN THE COURT OF APPEAL t6i 
 
 a mistake to suppose that he had not a strong opinion 
 of his own, but this he generally made felt in the 
 course of the argument or in private consultation with 
 his colleagues, and in this way he did most effective 
 service, though without obtaining that credit for it 
 which a more loquacious and self-asserting individual 
 would have received. 
 
 Mr Braithwaite-Crushe was not a particular favourite 
 with the Court of Appeal, but his learning upon 
 questions relating to bills of sale was well known and 
 respected, and he therefore felt no hesitation in opening 
 his case upon the question of the validity of this bill 
 of sale, and in referring to the authorities he had quoted 
 in the Court below. He had hardly got well into the 
 second case, and was discussing the complex and much 
 to be admired question of whether or not the bill of 
 sale in this case varied from the ' form in the schedule' 
 to the Act, when Lord Justice Arch interrupted him, 
 put on his peculiar suave smile, with which he always 
 marked a determined expression of opinion, and observed : 
 * Do you say, Mr Braithwaite-Crushe, that the Court of 
 Appeal is bound to interfere with the discretion of the 
 Divisional Court, and grant an injunction upon a question 
 of law ? ' 
 
 Mr Crushe turned to Lord Justice Arch, and also 
 smiling, said, ' Yes, my lord, I submit that the Court 
 will do so, if the law has been clearly misinterpreted 
 in the Court below.' 
 
 L
 
 1 62 HIS LITTLE BILL OF SALE 
 
 Lord Justice Sapphire interposed, and said, half to Mr 
 Crushe and half to Lord Surrey : ' Surely that would be 
 going a little beyond our ordinary rule, because it would 
 be necessary to decide the action, and that we could 
 hardly be asked to do on a motion for an injunction.' 
 
 Now it so happened that Lord Surrey had had placed 
 upon his desk, by the Officer of the Court, the affidavits 
 in the case, and while apparently paying the greatest 
 attention to Mr Crushe's argument, he had been simply 
 occupied in reading the affidavits of the plaintiff, and 
 fortunately for our friend Tomkins, he was properly 
 impressed by the story there told, and at once snapped 
 out : ' Why do you want to trouble us with the law of 
 this case at all ? If the plaintiff's affidavit is true, there 
 cannot be any question that there ought to be an injunc- 
 tion. Do you mean to say, Mr Crushe, that the Divisional 
 Court refused you an injunction on this affidavit ? ' 
 
 Lord Justice Arch held his tongue and smiled. Mr 
 Crushe shut up his books with a bang, and replied, 
 ' My Lord, Mr Justice Lancelot at Chambers granted 
 us — ' 
 
 Lord Surrey (interrupting). — I wish you and other 
 counsel would answer the question put by the Court. 
 It always seems to me so easy to give a plain answer to a 
 plain question, instead of which you are proceeding to 
 tell me something quite different. 
 
 Mr Crushe. — I was trying to tell your lordship what 
 happened in this case.
 
 IN THE COURT OF APPEAL 1 63 
 
 'Yes, but that is what I did not ask you. Did the 
 Divisional Court read this affidavit ? ' 
 
 ' My lord, I cannot say. It was before them.' 
 
 Lord Surrey. — Well then, they did read it, or they 
 ought to have read it. Now why, in the face of this 
 affidavit, which alleges a distinct and wicked fraud, if I 
 understand the English language, which perhaps I don't, 
 but if I do, it's fraud and nothing else but fraud ; why in 
 the face of that did the Divisional Court refuse you an 
 injunction ? 
 
 Mr Crtishe. — My lord, they did not refuse, but they 
 set aside — 
 
 Lord Justice Sapphire (to Lord Surrey).— It is very 
 simple. The judge at Chambers, as I understand it, 
 Mr Crushe, granted you an ex parte injunction. 
 
 Mr Crushe. — That is so. 
 
 * And 'then the Divisional Court dissolved it.' 
 
 Mr Crushe. — Quite right, my lord. 
 
 Meantime Lord Justice Arch, with his usual pains- 
 taking way of doing things, had studied all the papers, 
 and at once got the matter right, and explained it to 
 the other members of the Court. 
 
 Lord Justice Aich. — A summons for an injunction 
 was granted ex parte in the first place. Mr Justice 
 Lancelot, upon the hearing of that summons, granted an 
 interim injunction until the trial, and the^ defendant 
 appealed to the Divisional Court, and the Divisional 
 Court dissolved that injunction.
 
 164 HIS LITTLE BILL OF SALE 
 
 Mr Braithwaite- Crushe. — I am much obliged to your 
 lordship ; that is exactly how the matter comes here. 
 
 Lord Surrey. — Well, why did not you tell us so at 
 once, without wasting all this time and making us ask 
 you a number of questions, which, as far as I can see, 
 have nothing to do with the matter ? Now, will you tell 
 us if you can, and I suppose you would not be here 
 unless you can, why the Divisional Court dissolved the 
 injunction ? 
 
 Lord Jiistice Arch (trying to assist Mr Crushe, Lord 
 Surrey's manner being rather oppressive). — We should 
 like to know whether it was on the question of law or 
 upon the facts. I see there are some other affidavits. 
 
 Mr Crushe (encouraged by Lord Justice Arch, at 
 once went to the facts). — My lords, I submit that the 
 plaintifFs affidavit makes out a clear case of fraud. At 
 Chambers the defendants did not answer it ; they made 
 a lame and shabby excuse that the man Sleimy — 
 
 Lord Surrey. — Why do you call him ' the man ? ' What 
 is he? 
 
 *I believe he is a "man" ; but what he exactly is we 
 don't know, but we believe that he is employed by 
 the defendants to negotiate questionable loans. The 
 defendants produced no affidavit, my learned friend 
 stating that this Sleimy was in Manchester, and, of 
 course, Mr Justice Lancelot thought he did not answer 
 the affidavit intentionally. In the Divisional Court, my 
 friend produced an affidavit of Mr Sleimy which is before
 
 IN THE COURT OF APPEAL 1 65 
 
 your lordships, and Mr Justice Brushavvay accepted it 
 in preference to the affidavit of the plaintiff, confirmed, as 
 I submit it is, by all the circumstances of the case.' 
 
 Lord Justice Surrey. — I have read that affidavit too, 
 Mr Crushe, and I can only say that at present I do not 
 believe a word of it, and I think we will hear what your 
 opponent has to say. 
 
 Lord Justice Arch nodded acquiescence. Lord 
 Sapphire said nothing, but merely wrote something 
 in his note-book. Mr Crushe sat down triumphantly, 
 and Mr Topham rose, feeling rather uncomfortable. 
 
 Mr Topham. — My lords, I apprehend that this Court 
 will not go into the question of the validity of the bill 
 of sale upon the appeal motion for an injunction. I 
 contend that the bill of sale is perfectly valid and an 
 existing security. 
 
 Lord Surrey. — We stopped Mr Crushe from going 
 into that. Why do you want to trouble us about 
 
 it? 
 
 ' My lords, the Divisional Court were not satisfied that 
 
 there was any ground for holding that the bill of sale 
 was void. 
 
 Lord Surrey. — I don't care twopence, no, not even 
 one penny, whether the bill of sale as a piece of paper 
 is good in form. If it was obtained by fraud, it is not 
 worth the paper it is written on. You have got to show 
 us that the Divisional Court were right in holding that 
 this bill of sale was obtained under circumstances that
 
 1 66 HIS LITTLE BILL OF SALE 
 
 were not so suspicious as to entitle the plaintiff to 
 an injunction until he can try his action to set it 
 aside. 
 
 Mr Topham. — My lords, I apprehend it is for the 
 plaintiff to show a clear case for an injunction. 
 
 Lord Justice Arch. — He does show it, if we believe 
 his affidavit. It appears the judge at Chambers did 
 do so. 
 
 Lord Justice Sapphire. — The plaintiff has to make out 
 a prima facie case of mala fides^ such as would entitle 
 him, in the absence of evidence on the other side, to a 
 verdict on the issue of fraud, and that he has done in 
 this affidavit, if we believe it. 
 
 Mr Topham. — But, my lords, the plaintiff's affidavit is 
 denied by us. 
 
 Lord Surrey. — In a certain way, Mr Topham. 
 
 Mr Topham. — The plaintiff is a man of full age, and 
 must be taken to have known what he was doing when 
 he went to borrow money. It seems to me absurd for 
 him to suggest that he supposed he was going to get 
 ^20, or any sum, on his personal security only. 
 
 Lord Surrey. — In the first instance, your clients did 
 not deny the plaintiff's statement at all. After the 
 injunction was granted, they appear to have got this 
 Mr Sleimy to swear an affidavit, which, for myself, I 
 must say I do not credit. In fact, I go further, and if 
 you press me to say so, will say that I don't believe a 
 word of it, but, even in that affidavit, he does not deny
 
 IN THE COURT OF APPEAL 1 67 
 
 that the plaintiff might reasonably have been deceived 
 by his representations. 
 
 Mr Topham. — But, my lord, that is surely the 
 question to be tried in the action. We have had no 
 opportunity of cross-examining the plaintiff to test his 
 story, and whenever there is a conflict of fact, your 
 lordships have, I submit, no right to decide against the 
 defendants. 
 
 Lord Surrey. — I do not agree that there is a conflict of 
 fact. The plaintiff seems to me to have told a straight- 
 forward story in his affidavit, but supposing that we 
 only think there is a reasonable probability of its being 
 established at the trial, do you suggest that we are not 
 to protect him from having his home sold up in the 
 meantime ? 
 
 Mr Topham. — My lords, he will have his remedy in 
 damages. 
 
 Mr Justice Arch. — Surely not an adequate remedy, 
 Mr Topham ? I think the judge at Chambers protected 
 you by making the plaintiff give an undertaking not to 
 part with the goods in the meantime, and you want to 
 sell him up at once. 
 
 Mr Braithwaitc- Crnshc. — My lords, since the decision 
 of the Divisional Court, and notwithstanding this appeal, 
 the defendants have actually again gone into possession 
 of the plaintiff's home, and their men are there now. 
 
 Lord Surrey. — Well, I suppose they were within their 
 rights in doing so. (To Mr Topham) The main charge
 
 1 68 HIS LITTLE BILL OF SALE 
 
 against your clients is, that this gentleman, Mr Sleimy, 
 got the plaintiff to sign a bill of sale after he had refused 
 to give one, and under the belief that he was signing 
 something else. 
 
 Mr Topham. — My lords, it is not credible; he is a man 
 of full age. 
 
 Lord Surrey. — What do you mean by full age, Mr 
 Topham ? 
 
 Mr Topham. — I am instructed, m.y lord, that he is over 
 thirty, and he is a bank clerk. 
 
 Lord Surrey. — Well, I know something of bank clerks, 
 and I don't think they are men generally of much busi- 
 ness experience. They understand the routine well enough 
 and are good figure men, but I can quite understand that 
 a bank clerk even of thirty years of age would be no 
 match for Mr Sleimy. 
 
 Mr Topham.— h> that not rather assuming that Mr 
 Sleimy is committing perjury ? 
 
 Lord Surrey. — I do not wish to assume anything, 
 though if you press me I shall be compelled to say what 
 I think. I cannot lose sight of the fact that the charge 
 made against Mr Sleimy was contained in the affidavit 
 of the plaintiff used before the judge, and that your 
 clients did not then answer it, and even now, in the 
 view I take of the affidavit, the answer is wholly in- 
 sufficient. 
 
 Mr Topham. — Might I put to your lordships this ? The 
 plaintiff does not den}' that he had our money and that
 
 IN THE COURT OF APPEAL 1 69 
 
 he was in arrear with the instalments which he agreed 
 to pay before we took any steps against him. 
 
 Lord Sapphire (referring to some of the documents 
 before him). — But he says in paragraph 4, that he offered 
 to pay and tendered the instalment, and your people 
 refused to receive it. 
 
 Mr Topham. — That was after we went into possession, 
 my lord, and we had acquired the right to have the 
 balance paid. 
 
 Lord Surrey. — That right again depends upon whether 
 this is a good security or not. 
 
 Mr Topham. — Yes, my lord, and that depends upon 
 whether the bill of sale is good or not, which is the point 
 I was arguing when your lordship stopped me. 
 
 Lord Surrey. — What is the use of addressing to us an 
 argument upon the validity of what is on this piece of 
 paper, if the signature to it was obtained improperly ? 
 I do not care to discuss the question of law, if in our 
 opinion the facts entitle the plaintiff" to interim protec- 
 tion, which is all he asks. 
 
 Mr Topham. — Where the security is regularly in form, 
 it is for the plaintiff" to show invalidity in fact : that 
 was decided in this Court in a case of Jackson v. — 
 
 Lord Surrey (interrupting). — Stop, stop, stop, Mr 
 Topham. Surely we do not want any authority nowa- 
 days to tell us, that if a case of fraud is not made out by 
 thi plaintiff when it is fraud upon which his right to 
 relief rests, we should not interfere ; but his affidavit, to
 
 170 HIS LITTLE BILL OF SALE ' 
 
 my mind, establishes z. prima facie case of improper deal- 
 ing or fraud — call it what you like ; it is a case which, if 
 established by him at the trial, would be amply sufficient 
 to justify upsetting your alleged security. 
 
 Lord Justice Arch. — And if even you are quite pre- 
 pared to meet it at the trial, if you don't meet it now, 
 the injunction should go. 
 
 Lord Justice Sapphire. — Mr Topham, do you say that 
 your clients are prepared to deny the whole story about 
 the sherry, and also about the surreptitious visitors to 
 the plaintiff's house ? 
 
 It may well be imagined that with these three judges 
 all addressing him at the same time, Mr Topham did not 
 feel very easy, and after a pause he turned to Lord 
 Justice Sapphire and said, 'My lord, we should cer- 
 tainly do that.' 
 
 Lord Surrey. — Then, why have you not done it? I 
 notice Mr Sleimy has carefully avoided saying one word 
 about the two men who went to the plaintiff's house. 
 He only says he knows nothing about it. 
 
 Mr Topham. — I have no doubt I could get an affidavit 
 from every person employed by the defendants to deny 
 that. 
 
 Lord Surrey. — I daresay you could, but do you think 
 we should believe it. How did you get the inventory 
 of his goods ? 
 
 Mr Topha?n. — I would rather ask your lordship not to
 
 IN THE COURT OF APPEAL I7I 
 
 request me to answer that question, but with submission 
 these are pure matters of prejudice. 
 
 Lord Surrey. — Not at all. They are matters of sub- 
 stance. 
 
 Mr Topham. — I submit not, my lord, but I wish to put 
 another point to your lordships. The plaintiff made no 
 complaint whatever of anything until he got into arrear 
 with his payments, and therefore, I submit, that the 
 charges made against us are all threats for the purpose 
 of trying to get rid of our men in possession. Until 
 then, we never heard one word from him of anything 
 being wrong, and he would have paid the instalments due, 
 according to his own story, but for the illness of his 
 children. 
 
 Lord Justice Arch. — That argument, Mr Topham, is to 
 my mind the strongest one against you, because if you 
 accept the plaintiff's statement, that he intended to 
 repay the money in accordance with the terms upon 
 which he believed he had borrowed it, that shows him 
 to be an honest man, and therefore a person to whose story 
 the Court would attach credit. 
 
 The Master of the Rolls said nothing, but gave a 
 significant smile of confirmation. 
 
 Mr Topham. — I venture to suggest, my lords, that we 
 should have had some complaint from this gentleman 
 when we were compelled to seize. 
 
 Lord Surrey. — Well, we understand that's your sugges- 
 tion to the Court. Now, have you anything more to add ?
 
 172 HIS LITTLE BILL OF SALE 
 
 Mr Topham. — Only this, my lord, that an injunction 
 is always a matter of discretion, and the Divisional 
 Court having exercised their discretion, your lordships 
 will not interfere with it unless it is manifestly 
 wrong. 
 
 Lord Justice Sapphire. — I don't think any of us, not 
 even your opponent, will dissent from that view, Mr 
 Topham ; what I should like to know is how you 
 persuaded the Divisional Court that they ought to 
 credit your client's story in preference to that of the 
 plaintiff's ? 
 
 Mr Topham. — I should say, my lord, that they 
 considered that the plaintiff, being a man of full age, 
 must have entered into this transaction with his eyes 
 open, and that there was no ground for believing that 
 he had been in any way defrauded. 
 
 Lord Justice Sapphire. — I assumed that was your 
 contention in the Court below, and that really is the 
 only ground upon which you can wish us to act here. 
 
 Mr Topham acquiesced. 
 
 Lord Justice Sapphire. — Then I think the Court fully 
 understands the whole of your arguments. The other 
 Justices of Appeal nodded assent, and Mr Topham 
 could not help feeling that this was an intimation to him 
 that it was no use his saying any more, and he accord- 
 ingly resumed his seat. 
 
 Lord Surrey then proceeded to give judgment, saying 
 first of all, 'We need not call upon you, Mr Crushe.'
 
 IN THE COURT OF APPEAL 1 73 
 
 The Judgment. 
 This is a motion by way of appeal from an order of 
 the Divisional Court dissolving an injunction granted 
 by Mr Justice Lancelot at Chambers, restraining the 
 defendants, their servants or agents, from proceeding 
 further under a bill of sale, in pursuance of which they 
 had seized the plaintiff's furniture and claimed the right 
 to sell it. That very able and careful judge appears to 
 have heard the case very fully at Chambers and to have 
 made the only order which, upon the facts before him, 
 he could have made, and which indeed the Bill of Sale 
 Act clearly indicates that he ought to make under such 
 circumstances. Now, it is perfectly true that that 
 injunction, or rather the preliminary summons at the 
 onset of the proceedings, was obtained ex parte ^ but the 
 learned judge was very careful to give, and did give, the 
 defendants an opportunity of meeting the case made 
 against them, and they could have produced an affidavit, 
 or for the matter of that, half-a-dozen affidavits to 
 answer the various allegations made by the plaintiff. 
 They did not do so, but strove to meet the case by 
 merely raising questions of law, which, in my opinion, 
 have nothing whatever to do with it. The learned 
 judge at Chambers therefore did, in my opinion, what 
 he was bound to do, granted the injunction asked for. 
 But out of consideration for the defendants, he went 
 further than I myself should have gone, though this 
 appears to have been done with the consent of the
 
 174 HIS LITTLE BILL OF SALE 
 
 plaintiff's advisers at the time, and made the injunction 
 subject to a condition, that the furniture should not be 
 parted with or moved until after the trial of the action. 
 The plaintiff appears to have consented to this, and I 
 merely mention it because it is an additional reason for 
 the belief in the bona fides of his case. 
 
 The defendants, however, were- not satisfied with that 
 decision, and they appealed to the Divisional Court, aiid 
 they there produced an affidavit of the agent of the 
 defendants, one Mr Sleimy, with the object of discrediting 
 the plaintiff''s story. The learned judges of that Court 
 seemed to have thought that upon that affidavit 
 there was such a conflict raised as entitled the de- 
 fendants to say that the case for an injunction was not 
 made out. I can only say that after reading the 
 aflfidavits I have arrived at an entirely different con- 
 clusion, and taking the view I do of the evidence as it 
 now stands, I think it would be a denial of justice to re- 
 fuse the plaintiff' the interim relief that he asks for, and 
 that he obtained from my learned brother, Mr Justice 
 Lancelot. Now the case made out by the plaintiff", 
 shortly put, is this. I do not want to say one word 
 here that may prejudice the trial of the action. But 
 the case made out is, that the alleged security 
 was obtained b}' misrepresentation and under circum- 
 stances which, if true, show a very strong case of im- 
 proper dealing. Now the defendants might have, and 
 counsel tells us that at the trial they will have, a com- 
 
 I
 
 IN THE COURT OF APPEAL 1 75 
 
 plete answer to this charge. I have not the least doubt 
 that whatever his own personal view may be upon the 
 matter, he speaks, as it is his duty to speak, from the 
 instructions of his clients, and I am not interested in 
 inquiring here whether these instructions are true or not, 
 because it is our duty to deal with this case upon the 
 materials before us, and I have come to the conclusion, 
 after giving full effect to the affidavit of Mr Sleimy, upon 
 which the defendants rely, that they either cannot or have 
 not thought it worth their while to answer in this Court, 
 and in these proceedings the allegations which the 
 plaintiff makes against them. The learned judges 
 in the Divisional Court apparently came to the 
 conclusion that they had done sufficient to estab- 
 lish such a conflict of fact as would induce a judge 
 to say that there was not sufficient ground for inter- 
 ference in the present stage of the proceedings. Having 
 read the affidavits carefully, and heard everything that 
 either counsel can say upon them, I do not hesitate for a 
 moment in saying that the plaintiff has, to my mind, 
 fully made out his case for an interim injunction, and 
 that the defendants have wholly failed to answer it 
 satisfactorily. As the evidence at present stands, the 
 Court has before it, at any rate, good reason to believe 
 that the plaintiff will at the trial make out such a case as 
 will entitle him to ask that the bill of sale x may be set 
 aside. We are not called upon now to decide whether 
 or not the defendants will then be able to meet that case.
 
 176 HIS LITTLE BILL OF SALE 
 
 It is sufficient for the present purpose that they have not 
 done so in the affidavit which appears to have influenced 
 the Divisional Court, and I think that this appeal should 
 be allowed with costs. I would only add that although, 
 as I said before, the undertaking of the plaintiff not to 
 part with the furniture pending the trial was given as a 
 concession on his part, still, if nothing is said to the con- 
 trary, I think it should stand part of the present order. 
 
 Lord Justice Arch said : — Mr Justice Lancelot, upon a 
 summons at Chambers, granted an injunction against the 
 defendants, restraining them from dealing further with 
 the plaintiff's goods which they had seized under a bill 
 of sale, and directing them to withdraw from possession 
 pending the trial of the action which the plaintiff has 
 brought to set aside such bill of sale, but the learned 
 judge coupled that injunction with an undertaking on 
 the part of the plaintiff, not to deal with the goods or 
 remove them from his dwelling-house. As I understand 
 it, this undertaking was assented to by the plaintiff, and 
 it was in itself a reasonable provision, because, if the 
 plaintiff" failed in his action, the defendants would then 
 be able to re-enter, and seize, and sell, and in that way 
 realise their security. It has not been contended here 
 that my brother Lancelot was wrong in the order he 
 made, for indeed, upon the evidence before him, he 
 could not have done anything else, but the defendants, 
 who had not taken the trouble to answer the plaintiff's 
 case before the learned judge in Chambers, were dissatisfied
 
 IN THE COURT OF APPEAL 1 77 
 
 with the protection which he had given them, and 
 appealed to the Divisional Court. They then produced 
 a fresh affidavit, upon reading which, the learned judges 
 seemed to have come to the conclusion, that the plaintiff's 
 story was, if not untrue, at any rate unlikely to be believed 
 by a jury, and they dissolved the injunction, thereby 
 giving the defendants the right to again seize the 
 plaintiff's goods, and, I suppose, proceed to realise their 
 security, and leaving him to obtain any redress that he 
 is entitled to, by way of damages, in the action which he 
 has brought. Now, although it is perfectly true that, 
 in one sense, damages could be awarded to the plaintiff 
 which would be a compensation for the loss of his goods, 
 yet it can scarcely be said that they would afford an 
 adequate remedy for the sale of his home if he is in the 
 right, and I cannot help thinking that the proviso at 
 the end of section 7 of the Bill of Sale Act 1882 was not 
 brought to the attention of the learned judges in the 
 Court below. The obvious intention of that proviso is 
 that the Court shall act by injunction, if satisfied that 
 ' by the payment of money or otherwise the cause of 
 seizure no longer exists.' It may be said that the Courts 
 always had power to grant such an injunction. That is 
 true, but, on the other hand, the object of the legislature 
 in passing this Act was to protect needy borrowers, and 
 it therefore imposed upon the judges a duty, and gave 
 them a power, which they might have otherwise, but 
 
 which is, nevertheless, here enacted, of interfering by 
 
 M
 
 178 HIS LITTLE BILL 'OF SALE 
 
 injunction in such cases as the present. The question 
 which this Court has to ask itself is this : Taking a fair 
 and reasonable view of the affidavits on both sides, 
 does the plaintiff make out a prima facie case for the 
 interference of the Court for his protection ? The case 
 made by the plaintiff is, as I understand it, this : * I was 
 induced to believe that I was borrowing this money 
 upon my personal security only. I never consented or 
 agreed to give, or contemplated giving a bill of sale, nor 
 did I know that the document which I admit I signed 
 was such bill of sale, or I would not have signed it. It 
 was put before me, and my signature was obtained to it 
 under circumstances which did not arouse my suspicions 
 at the time, and which I now begin to appreciate, and I 
 say, that such signature and the security to which it is 
 attached ought not to be binding upon me in any way 
 whatever.' It is not necessary, in my opinion, to use any 
 stronger language than this to make the plaintiff's con- 
 tention clear. Upon that state of facts, not answered in 
 any way by the other side, the judge at Chambers made 
 the order. The Divisional Court had before them an 
 affidavit, which, it is contended by the defendants, 
 disposes of the plaintiff's story. I have read that 
 affidavit, and I quite agree with the observations of the 
 Master of the Rolls thereon. The two affidavits must be 
 read together, and we are bound to consider what the 
 defendants do not say, equally with what they do, and 
 although I am not for one moment going to express any
 
 IN THE COURT OF APPEAL 1 79 
 
 opinion here as to what may be the result of the trial, I 
 have come to the conclusion that the plaintiff has made 
 out 2. prima facie case for the interference of the Court at 
 the present stage, and that that case has not been 
 answered in such a way as to entitle the defendants to 
 ask us to interfere with the original order made by the 
 judge at Chambers. The plaintiff's counsel, in the course 
 of his argument, raised several questions of law, as to the 
 validity of the bill of sale. I do not wish it to be under- 
 stood that the Court would refuse an injunction upon a 
 question of law, if such were clearly made out. I think 
 the section to which I have referred requires the 
 interference of the Court wherever it is satisfied, either 
 in law or in fact, that the cause of seizure no longer 
 exists. Having come to the conclusion that the facts 
 here are sufficient to support the injunction, it is un- 
 necessary to decide that question. I therefore think 
 the order of the learned judge at Chambers should be 
 restored, and the defendants having failed here, should 
 pay the costs of the appeal. 
 
 Lord Justice Sapphire merely said : — I entirely agree 
 with the law as stated by the Master of the Rolls and 
 my brother Arch, and I agree with their remarks upon 
 the affidavits. 
 
 Mr Braithwaite-Crushe then got up and said : — Then, 
 my lords, the appeal will be allowed with costs here, and 
 in the Court below. 
 
 To which the Master of the Rolls nodded assent, 
 and the Court then went on with the next case.
 
 CHAPTER XIV 
 
 TOMKINS NONPLUSSED 
 
 When Tomkins reached his home that evening, his 
 wife received him with an unusually cheerful counten- 
 ance, and on his inquiring the reason, he was agreeably 
 surprised to find that the gentlemen who had been 
 enjoying themselves in his kitchen and at his expense 
 for the last few weeks had again left, politely intimating 
 that they hoped to return again. 
 
 ' What has happened, my dear ? ' she said. ' Have you 
 won the case ? Is it over ? ' 
 
 But Tomkins was as much in the dark as his 
 good lady. He knew nothing about the mysteries of 
 Appeal Courts and Divisional Courts, and the orders 
 which they made and rescinded, and the way in which 
 the same affected the right to possession of his goods. 
 He told her he supposed it was all right, and if the men 
 had gone, so much the better ; but whether they would 
 return again or not he could not possibly say till he had 
 heard from Mr Millar, and he hoped that, as matters had 
 gone so far, everything would now be right. Mrs
 
 \ 
 
 TOMKINS NONPLUSSED l8l 
 
 Tomkins was compelled to be satisfied with this assur- 
 ance, and they had a pleasanter evening than they had 
 passed for some time. The last night's post brought a 
 letter from Mr Millar, explaining, or perhaps we should 
 rather say, intending to explain, what had taken place 
 in the Court of Appeal, but all that Tomkins under- 
 stood was, that he could now keep possession of his 
 goods until something else happened, but what that 
 something else was, or what more there was to try, he 
 really did not know. However, as the letter also con- 
 tained a request that he would call and see Mr Millar as 
 soon as convenient, and the whole tone of it was con- 
 gratulatory, he gathered that things had gone well for 
 him, and went to bed under the impression that with 
 the withdrawal of the men in possession his troubles 
 were over. He, however, made up his mind that he 
 would go and see Mr Millar on the following day, and, 
 accordingly, about five o'clock in the afternoon, he found 
 himself at the sharp solicitor's office, where, after being 
 kept waiting for such length of time as that worthy 
 considered consistent with his pretentions to being a 
 very busy man, he was shown in. 
 
 * My dear sir,' said Mr Millar, shaking him warmly by 
 the hand, 'I am most happy to see you, and congratulate 
 you on our success. We gave them an absolute licking 
 in the Court of Appeal. Their counsel had not a leg to 
 stand on. Lord Surrey was fully persuaded that your 
 affidavit was true, and did not believe one word of Mr
 
 1 82 HIS LITTLE BILL OF SALE 
 
 Sleimy's. It is one of the best victories I have ever 
 had. Mr Braithwaite-Crushe argued it beautifully. I can 
 tell you, you were very lucky to get him as your 
 counsel. I never heard him do a case better.' 
 
 ' I am very much obliged to you both,' replied Tomkins, 
 as soon as Mr Millar gave him an opportunity of saying 
 anything. ' But are they not to pay me anything for 
 getting into my house as they did ? ' 
 
 ' Oh ! stop, stop,' said Mr Millar, ' you are going a 
 little too fast, we have not won the action yet.' 
 
 * What action ? ' said Tomkins. 
 
 Mr Millar looked at him for a moment, and seeing that 
 the question was really genuine, and Tomkins was not 
 pretending to a want of knowledge of his position, 
 he thought fit to explain it to him. * You see,' he 
 said, 'the present proceedings have been only what 
 we call interlocutory^ and the order that the judge at 
 Chambers made, and which has now been confirmed by 
 the Court of Appeal, is only an order which stands till 
 the trial. We have got to try before a jury the question 
 of the validity of the security and your right to recover 
 damages.' 
 
 * Good gracious,' said Tomkins. ' Then all this that 
 has happened up to the present is no use at all.' 
 
 * Not so fast, my friend,' replied Mr Millar. ' We have 
 beaten them to begin with, and that is a great thing, but 
 the trial of the action is quite a different matter to these 
 interlocutory proceedings. Still, neither myself nor our
 
 TOMKINS NONPLUSSED 1 83 
 
 counsel, Mr Crushe, entertain any doubt as to our ultimate 
 
 success.' 
 
 Tomkins put his hand to his head in a troubled 
 manner. ' Have we got to begin all over again ? ' he 
 said. 
 
 ' Oh, dear no, my friend. You seem to know very 
 little about law, Mr Tomkins ! ' 
 
 ' You must forgive me, Mr Millar, but I never had a 
 lawsuit before.' 
 
 ' I thought not,' replied the other. ' I will explain it 
 all to you if you like, and I hope you will be prepared 
 to trust myself and Mr Crushe to look after your interests.* 
 
 ' Oh, certainly,' said Tomkins. ' It was not that, but 
 I thought from your letter, and from what you said 
 just now that we had won the case, and that I should 
 have no further trouble except to pay the defendants 
 the instalments as they became due. You must for- 
 give me if I do not understand all the complications of 
 this legal business.' 
 
 * Of course, of course, my dear sir, you cannot expect 
 to understand them. The theory of our law is that 
 everybody should know the law, and many a man spends 
 his days in prison because of his inability to comply with 
 that theory, but it is a theory only, and even we lawyers 
 after years and years of patient effort to acquire some 
 knowledge of its complications, are obliged to confess but 
 too often that we know very little about it. Still, the 
 present position of your case is not so difficult to explain.'
 
 184 HIS LITTLE BILL OF SALE 
 
 ' I do not understand it at all,' said Tomkins. ' If the 
 Court of Appeal has decided in my favour, what more do 
 we want ? ' 
 
 Mr Millar laughed heartily. 'The present question,' 
 he said at last, after thinking for a few moments how he 
 should make it most intelligible to his client, ' is merety 
 a preliminary, or as we lawyers call it, an interlocutory 
 question that decides nothing at all — ' 
 
 ' Dear me,' said Tomkins, interrupting. ' Then why 
 have we taken all this trouble about it ? ' 
 
 Mr Millar smiled. ' The question up to the present,' 
 he said, ' has been whether or not you are entitled to be 
 protected against the seizure and intended sale of your 
 goods. We have now to go on with the action and try 
 the question of whether or not the seizure was illegal, 
 and the bill of sale void.' 
 
 ' Oh ! ' said Tomkins, beginning to understand, or 
 thinking that he did so, 'then all that has been 
 done up to the present is of no use, except to get the 
 men out of my house.' 
 
 ' Now, you have just hit it,' replied Mr Millar, ' and it 
 does not settle any of the questions between you and the 
 defendants.' 
 
 ' What ! not after what you tell me Lord Surrey 
 said ? ' 
 
 ' Oh, dear no,' replied Mr Millar, ' but you need not be 
 afraid. I entertain no doubt but that we shall win the 
 action in the end.'
 
 TOMKINS NONPLUSSED I 85 
 
 ' And when will that be ? ' 
 
 ' Oh, that is impossible to say,' replied the other. ' It 
 may not be tried for a year.' 
 
 * No, you don't say so,' said Tomkins. 
 
 ' T do really,' said Mr Millar. ' The Courts do very little 
 business nowadays, and it takes a long time before an 
 action comes on, even when it has been set down ; and 
 we have not yet delivered any pleadings.' 
 
 ' Delivered what ? ' said Tomkins. 
 
 ' The pleadings in the action, my dear sir, which are 
 most important, and have to be settled by counsel.' 
 
 ' Dear me,' said Tomkins, ' then I suppose I am to 
 understand that nothing of real importance has been 
 done at present, and I may have those men come in 
 again at any time.' 
 
 ' No, no, no,' said Mr Millar ; ' unless the defendants 
 choose to appeal to the House of Lords, which is not ver}- 
 likely, you need have no apprehension of that.' , 
 
 ' Well, that is one comfort, but it does not seem to me 
 any use my trying to understand things.' 
 
 ' Perhaps it is not,' said Mr Millar ; ' if you are satisfied 
 to trust me and Mr Crushe, we will do the best we can 
 for you, and go on with the case in the usual way. I 
 shall get Mr Crushe to settle the pleadings and attend to 
 anything else that arises, and you may rely upon it that 
 everything will be done properly, and with the utmost 
 expedition that the present state of things legal will 
 allow.'
 
 1 86 HIS LITTLE BILL OF SALE 
 
 Tomkins began to feel that there was really no other 
 course open to him, and although his mind had got into 
 a complete state of fog when he thought of what was 
 going to be done, and how, and when, and why, he felt 
 it useless to ask for any further explanation. 'Then, I 
 suppose, I must leave it all to you, Mr Millar,' he said at 
 last, ' and you will let me know how it goes on, and 
 in the meantime am I to pay the instalments to the 
 bank ? ' 
 
 Mr Millar hesitated. ' I am afraid that is one of the 
 points I cannot tell you ; I must ask Mr Crushe, and see 
 what he says.' 
 
 ' Oh, very well,' said Tomkins, ' only do not let them 
 have any excuse for coming into my place again, now I 
 have got rid of them.' 
 
 'You may safely rely upon that,' repHed Mr Millar, 
 ' and you may rest quite easy about everything, until 
 you hear from me again. The action will be proceeded 
 with without any delay on my part, and we shan't forget 
 your claim for damages ; meantime, as I have had to pay 
 a lot of money out of pocket, I shall be glad if you 
 will let me have ' — and here Mr Miller paused for a 
 moment to think how much he could ask his client for, 
 and then said, ' Well, say £s or X^O-' 
 
 ' Five or ten pounds,' said Tomkins, alarmed, ' has 
 it cost all that ? ' 
 
 Mr Millar had seen suflScient of his client to know 
 that he was rather a nervous individual, especially
 
 TOMKINS NONPLUSSED I 87 
 
 upon questions of money, and although he was anxious 
 for his own protection to get out of him what 
 he could, he nevertheless had Mr Crushe's opinion 
 that his costs were quite safe from the other side, and 
 therefore felt that he must be very careful, and not 
 frighten his client by heavy expenses at the present 
 stage of the action. He said : * Of course this matter 
 has been very expensive. There are, you know, counsel's 
 fees and Court fees which must be paid, but I should 
 be sorry to place you in any difficulty, and if you will 
 let me have just what you can manage, I must do 
 the best T can with that for the present.' 
 
 This was said with a good-natured smile, and 
 Tomkins, completely mollified, promised to send Mr 
 Millar as much as he could spare by the end of the week. 
 
 Mr Millar added : ' You see I don't think you 
 will have to pay any of the instalments pending the 
 action, and if you let me have the money, I will see to 
 your protection as to these, if Mr Crushe thinks they 
 should be paid either to the defendants or into Court.' 
 
 Tomkins left Mr Millar in a somewhat hazy con- 
 dition as to what was going to happen. He felt 
 satisfied that at any rate his home was safe for the 
 present, but he was, nevertheless, awakened to the 
 fact that his case was not won, as he had thought, 
 but that he had only really succeeded in a prelim- 
 inary stage, and he could not help thinking, and 
 possibly the reader will agree with him, that there
 
 1 88 HIS LITTLE BILL OF SALE 
 
 had been a great waste of time, trouble and money 
 over a very small part of the matter, and that he 
 had really advanced a very slight way towards obtaining 
 redress for the grievances which the wrongful conduct 
 of Mr Sleimy had inflicted on him. But not being 
 quite certain that he rightly understood the matter, 
 he asked his friend Grant to luncheon with him 
 the next day, and after detailing to that gentleman 
 what had happened, asked him if he understood why 
 the matter was not over. 
 
 'Well,' said Grant, 'I would not have believed that 
 you knew so little about legal matters. Don't you 
 understand that up to the present, all you have been 
 doing is to get your goods protected until the trial 
 of the action.' 
 
 ' That is what Mr Millar said,' replied Tomkins, ' but 
 if the judges in the Court of Appeal (I think that is what 
 he called it) were satisfied with my story, why did not 
 they decide the case at once, and have done with it ? ' 
 
 'But, don't you see,' said Grant, 'that they cannot 
 do so on an interlocutory motion.' 
 
 * Why cannot they do it ? I thought we went into 
 Court to get justice, and why should I have to wait 
 such a long time and have a jury and all sorts of 
 expenses, if the judges have come to the conclusion 
 that I am right.' 
 
 ' Oh, this only means you are right on the question 
 of the injunction.' 
 
 I
 
 TOMKINS NONPLUSSED 1 89 
 
 ' Surely, if it has taken six judges to decide that ques- 
 tion, is it necessary for a jury to hear the whole thing 
 over again ? ' 
 
 ' Are you asking me to answer that as a lawyer or as 
 a man of common sense, because, if the latter, I should 
 say I really do not see any necessity. You ought to be 
 able to try your case at once, and get a final order and 
 make an end of the whole thing ; but that is not the 
 way the lawyers do it. You see there have to be 
 pleadings and interrogatories, and all sorts of little 
 amusements of that kind before you get down to trial, 
 and all that takes time.' 
 
 ' And I am afraid money, too,' said Tomkins. 
 
 * Ah,' said Grant, ' but you know nothing is done 
 well that is done too cheaply, and then you must 
 CDnsider the position you were in. You wanted to get 
 those men out of your house and you have succeeded, 
 and so you ought to be quite satisfied for the present ; 
 but it is quite another thing whether you ought to have 
 damages, and whether they ought to give up the bill of 
 sale, and that is what you have got to fight out in the 
 action.' 
 
 'But,' said Tomkins, 'I had the money, and I am ready 
 to pay it back when it becomes due, and if the Court 
 concluded that I did not give the bill of sale, why cannot 
 they make that order at once and have done with it ? ' 
 
 ' That is not the way it is done. You must leave the 
 matter to your lawyer. Mr Millar knows what he is
 
 190 HIS LITTLE BILL OF SALE 
 
 about far better than you do, and if you trust him you 
 will come out all right.' 
 
 ' It does not seem to me that I can help myself,' 
 replied Tomkins, ' but it is not pleasant to have this 
 thing hanging over one's head for months and not 
 knowing what the end will be. It seems to me that 
 the question is so simple that it might be decided in a 
 few minutes one way or the other.' 
 
 * Ha ! ha ! ha ! ' laughed Grant ; ' you just ask 
 anybody who has had a lawsuit whether there is any 
 simplicity about deciding anything. It is in this like 
 in everything else, Tomkins — too quick work means bad 
 work. You must wait your time like other people, and 
 be satisfied that you are in the hands of a man like 
 Millar, who knows his business.' 
 
 Tomkins was obliged to take this advice, for it was 
 apparently all he was likely to get. He had embarked 
 in litigation against his will, and under compul- 
 sion, and as he was not prepared with any better 
 advice than that which Mr Millar had given him, 
 he was obliged to submit to the inevitable, and leave 
 the matter in his hands, as Grant suggested. Neverthe- 
 less, he sighed bitterly when he thought how he had 
 been taken in by the philanthropic Sleimy, and how 
 hard it would be for him to find Mr Millar the means to 
 carry on his case, without which he felt that he could 
 not expect that gentleman to do his best for him. 
 Tomkins had a truly honest idea of paying fairly for 
 
 1
 
 TOMKINS NONPLUSSED I9I 
 
 ever57thing, and he felt that it was only right that he 
 should suffer for his extreme folly, but he could not 
 disguise from himself the fact that he would have to 
 go through a good deal more trouble. On his return 
 home that evening, he tried to explain matters to 
 his wife as well as he could, though he found her of 
 somewhat the same way of thinking as himself as 
 regards the hardship of having to fight the case further ; 
 but, as he explained to her that Mr Millar seemed 
 quite hopeful of ultimate success, she believed the 
 case was already won, and tried hard to make her 
 husband take the same view. It was a great relief to 
 both of them to have got rid of the unpleasant occupants 
 of the kitchen, and the little woman did her best to 
 cheer her husband up, and make him feel that as they 
 had succeeded so far, they would be safe to come out 
 victorious in the end.
 
 CHAPTER XV 
 
 MORE OF THE SHARP SOLICITOR 
 
 Two or three days after these events, Tomkins received 
 a letter from Mr Millar, telling him that he had been to 
 see Mr Braithwaite-Crushe, and that that gentleman had 
 advised that the instalments should be paid into Court 
 as they became due, and that, therefore, they had better 
 be forwarded to him, Mr Millar, from time to time. He 
 also said that the action was going on satisfactorily. 
 Having made up his mind that he was bound to follow 
 Mr Millar's advice to the end, he at once sent that 
 gentleman ^5 in a letter, thanking him for his services 
 up to date, and promising to continue the payments of 
 £2 per month, and expressing every reliance in his 
 judgment. Matters continued like this during all the 
 summer. Tomkins sent his instalments to Mr Millar 
 month by month, and duly received acknowledgments 
 for the same, and information that matters were going 
 on satisfactorily, but there was no chance of the action 
 being tried until after the long vacation. Tomkins and 
 his family had this year to give up their usual seaside
 
 MORE OF THE SIIARr SOLICITOR 1 93 
 
 trip because he was afraid to spend any money, and 
 although the children did not like it, yet Mrs Tomkins, 
 feeling herself the guilty party in connection with the 
 present difficulties, bore it amiably, and quite approved 
 the determination to save money until the lawsuit was 
 over. But she had fully' made- up her mind to have 
 some compensation out of the damages her husband 
 would get from The National Union Credit Discount 
 Premium and Deposit Bank. 
 
 About the middle of October, Tomkins received a letter 
 from Mr Millar asking him to call, and on interviewing that 
 gentleman, found him busy with a mass of papers upon 
 which the name of Tomkins v. The National Union Credit 
 Discount Premium and Deposit Bank appeared very freely. 
 Mr Millar shook him warmly by the hand : ' I hope, 
 Mr Tomkins, you are quite well. I am happy to tell 
 you there is every prospect of our case being heard 
 early in the present sittings, and we must therefore get 
 ready at once for trial.' 
 
 ' Yes,' said Tomkins, ' I hope you will.' 
 
 ' It will be necessary,' said Mr Millar, ' to have a leading 
 counsel.' 
 
 ' Why ? ' said Tomkins, ' won't Mr Crushe go on with 
 the case ? ' 
 
 ' Oh yes, of course,' said Mr Millar, ' but you must have 
 a Q.C. with him.' % 
 
 ' What's a O.C. ? ' said Tomkins. 
 
 N
 
 194 HIS LITTLE BILL OF SALE 
 
 ' I mean,' replied the other, ' a leading member of the 
 Bar to address the jury.' 
 
 ' Oh, I see,' said Tomkins, ' Mr Crushe is not allowed 
 to address the jury.' 
 
 ' No, no, ino,' said Mr Millar, ' you don't understand. 
 This is a case of great importance to you, and we are 
 very anxious to win it, and therefore I recommend, and 
 Mr Crushe agrees with me, that we should retain a good 
 man. The defendants are sure to have a Queen's 
 Counsel, and it would not be wise or safe for you to 
 be represented by a junior only.' 
 
 * Well,' replied Tomkins, ' I suppose, like everything 
 else, I must leave that to you. You must employ 
 whoever you think best.' 
 
 ' Yes, but who would you like ? Of course we cannot 
 afford Sir Edward Spark unless you can furnish me with 
 
 /IOC' 
 
 ' That's quite impossible,' said Tomkins, laughing. 
 
 ' Well, then, we must have the best man we can get for 
 what we can afford to pay.' 
 
 ' I suppose so.' 
 
 ' I know them nearly all,' said Mr Millar. ' There's 
 Arthur Henn, a very clever chap ; cross-examines beauti- 
 fully, and stands very well with the judges.' 
 
 'Well, then, have Mr Arthur Henn,' said Tomkins. 
 
 'Then there is Mr Boxwood, Q.C., a most amusing 
 
 man.' 
 
 I like amusing men,' said Tomkins, 'get him.'
 
 MORE OF THE SHARP SOLICITOR 1 95 
 
 ' Oh, but he is very expensive/ said Mr Millar, ' and I 
 don't- think we can afford his fee. Then there is Mr 
 Pills, an old friend of mine, but he is more than likely to 
 be on the other side, for he often represents them.' 
 
 ' Oh ! then we won't have him,' said Tomkins. 
 
 ' Then there is young Lancelot, the judge's son, but I 
 don't think he knows much about bills of sale. Then 
 there is Mr Randy Fox, he addresses a jury very well 
 indeed.' 
 
 ' I think I have heard him speak,' said Tomkins, 
 * does he not lecture sometimes ? ' 
 
 ' Yes, I think he does,' said Mr Millar. ' Then there is 
 Mr Shoddy, a very eminent man. I had him last year in 
 an accident case, and he got us a capital verdict.' 
 
 ' Well, then, let us have him,' said Tomkins. 
 
 * Ah, but there is just a risk of his being on circuit 
 when your case comes on, and it would not do to give the 
 brief to him and he not attend, would it ? ' 
 
 'Oh no,' said Tomkins, 'that would not do at all, 
 but I don't suppose any counsel would do such a dis- 
 honest thing as to take a brief and not attend to it.' 
 
 Mr Millar could not help laughing. ' I have known 
 such a thing to happen on rare occasions, but we won't 
 risk it by giving our brief to a man who may be away. 
 Now, there is a young friend of mine, Galton, who has 
 only recently taken silk.' ^ 
 
 ' What's that ? ' said Tomkins. 
 
 ' I mean been made a O.C. Called within the inner
 
 196 HIS LITTLE BILL OF SALE 
 
 Bar. Now, he is a very clever fellow, and more than a 
 match for Mr Pills if he happens to be against us.' 
 
 'Well, then, have Mr Galton ; as I don't know any 
 of them it does not much matter to me so long as you 
 get a good man.' 
 
 Now, the fact was that Mr Millar had already seen Mr 
 Galton, talked the matter over with him, and promised him 
 the brief, but not knowing what idea Tomkins might 
 have got into his head on the subject, he had had to 
 work round to the engagement of this particular friend 
 in the way we have described. He was only too pleased 
 that Tomkins acquiesced so readily, and continued, ' Now, 
 as we have settled that, Mr Tomkins, I will see Mr 
 Galton as soon as he returns to work, and get him, if 
 possible, to take the brief. He' won't charge me a big 
 fee, and I think if you can let me have £2^ I shall be 
 able to arrange both with him and with Mr Crushe.' 
 
 ' Twenty-five pounds,' said Tomkins. ' Where on 
 earth am I to get it from ? ' 
 
 ' My dear sir, I have been very willing to go on with 
 this case up to the present, and had to work without 
 remuneration, but when it comes to paying counsel's 
 fees, I am sorry to say I cannot do it without getting 
 the money first. It is not a very large sum.' 
 
 ' Won't they wait,' said Tomkins, ' till after the case 
 is over and you get the money from the other side.' 
 
 ' My dear sir, we poor solicitors have to do that very 
 often, but when we go to leading counsel, we have got 
 
 \
 
 MORE OF THE SHARP SOLICITOR 1 97 
 
 to pay their fees. We cannot ask them to take our 
 briefs without a cheque.' 
 
 ' Then I am afraid,' said Tomkins, ' we must do without 
 a leading counsel. Cannot Mr Crushe conduct the case 
 by himself ? ' 
 
 ' That would never do,' said Mr Millar, ' we must not 
 risk losing the ship for a ha'p'orth of tar — you know 
 that's a motto which applies in law as well as in 
 everything else. Surely, if you have not got the money, 
 you can get some friend to lend it to you for a short 
 time.' 
 
 ' No,' said Tomkins, ' I don't think I could ; you ought 
 to have told me that you wanted this money a long 
 time ago, and I could have saved it instead of paying 
 you the instalments.' 
 
 ' Yes, but they had to be paid,' said Mr Millar. 
 
 ' Well, you know, Mr Millar,' said Tomkins depre- 
 catingly, ' that I am only a poor man, or I should not 
 have got into this trouble at all ; it has been all my 
 work to pay these instalments, and I cannot possibly 
 find the sum you ask for.' 
 
 Mr Millar saw that the situation was serious, but he 
 thought it better to put what he had to say in writing, 
 and he accordingly intimated to Tomkins that he would 
 think the matter over and see what could be done, and 
 let him know. With this intimation, Mr Millar brought 
 the interview to an end, and Tomkins left in a very 
 unhappy frame of mind, almost wishing that he had
 
 198 HIS LITTLE BILL OF SALE 
 
 allowed the defendants to do their worst long ago, as 
 he saw no possibility of satisfying Mr Millar's claims. 
 Mr Millar, however, did not write that day, because 
 other matters claimed his attention at the moment, and 
 he also thought it as well to give his client time to 
 communicate with him in the first instance if he desired ; 
 but as Tomkins did not take the initiative, and the 
 cause lists were likely to be rapidly cleared as soon as 
 the Courts sat again, Mr Millar thought it time to 
 communicate with him again. Accordingly, he sent him 
 the following letter : — 
 
 Dear Sir, — Referring to our last interview, I am 
 compelled to remind you that I have not yet received 
 the necessary funds for instructing counsel, etc., and I 
 shall be glad to hear from you at once, as your case is 
 likely to get into the list before long. 
 
 Yours faithfully, 
 
 Thomas Millar. 
 
 Now, as at the moment when Tomkins received this 
 letter it was quite impossible for him to find the sum 
 Mr Millar had asked for, it occurred to him that the only 
 thing was to go and see that gentleman again and try and 
 persuade him to find the necessary cash himself. But 
 Mr Millar was obdurate. He was ' already,' he said, ' so 
 much out of pocket,' and he could not instruct counsel 
 without paying them their fees with the briefs, never- 
 theless he would place no difficulties in Mr Tomkins'
 
 MORE OF THE SHARP SOLICITOR 1 99 
 
 way, and if he could find another solicitor who would 
 go on with the case for him, he would be perfectly 
 willing to hand over the papers upon having his costs 
 paid up to date. 
 
 'And if I cannot find the money,' said Tomkins at 
 last, in a despairing tone, ' what will happen ? ' 
 
 ' You must either conduct the case yourself at trial, 
 Mr Tomkins, or you must go and settle it with the 
 defendants. You might be able to make some terms 
 with them. I rather doubt it, but, of course, if you don't 
 appear at the trial, your action will be dismissed, and 
 you will have to pay all the costs.' 
 
 There was nothing more to be got from Mr Millar, 
 and Tomkins returned to his work at the bank almost 
 broken-hearted. He did not know what to do, and he 
 had no friend to whom he could appeal in his diflSculties 
 for advice, or, what was more important, financial assist- 
 ance. He reached his home that evening in a state 
 bordering on despair, and no amount of encouragement 
 or sympathy from his wife could get him to say anythincr 
 but that he was ruined, their home would be sold up, 
 and that there was nothing but the workhouse before 
 them. However, a night's reflection convinced him that 
 there was just a possibility that it might suit Mr Sleimy to 
 settle with him, provided he could convince him that he 
 intended fighting if he did not get good terms, and he 
 therefore called upon that gentleman, and this time 
 succeeded in finding him in.
 
 200 HIS LITTLE BILL OF SALE 
 
 Mr Sleimy expressed his surprise, but politely offered 
 him a chair and told him he was very glad to see 
 him. 
 
 ' I hope you are in a reasonable frame of mind now, 
 Mr Tomkins, and that we can settle our little difficulties, 
 and perhaps do some more business.' 
 
 Tomkins had hardly made up his mind how he was 
 going to approach Mr Sleimy after the way in which they 
 had last parted, but this affable opening gave him an 
 opportunity of offering terms. 
 
 'I do not want,' said he, 'to go on any further with 
 this case, and I thought that if I came to see you we 
 might be able to come to some arrangement with the 
 bank.' 
 
 ' Nothing would please me better,' said Sleimy. ' Of 
 course, we have been put to some little expense, but 
 this you could pay when you like, and, for the money 
 that is owing, we will give you time, if you execute a 
 fresh bill of sale.' 
 
 Now this offer may seem to the reader somewhat 
 magnanimous, but as a matter of fact, Sleimy knew per- 
 fectly well that Tomkins' furniture was well worth ^loo, 
 and he was very glad if he could escape being cross- 
 examined in Court about his dealings in the matter. 
 
 ' But,' said Tomkins, * there is very little money now 
 due to you, because I have paid all the instalments.' 
 
 * Paid the instalments ! ' said Sleimy. ' We have never 
 received one penny, sir. Is this some fresh charge on 
 
 I
 
 MORE OF THE SHARP SOLICITOR 20I 
 
 your part, and have you come to me to try and get up 
 something else against us ? ' 
 
 Tomkins was astonished. 
 
 ' Why, I have paid Mr Millar £2 per month regularly 
 since the case began.' 
 
 Mr Sleimy laughed. 
 
 'And Mr Millar has probably put it towards his costs. 
 My friend, we have had none of it, neither has it been 
 paid into Court. Well, of course, it will discharge your 
 bill to him, so you need not be afraid of that.' 
 
 ' But I thought I had nearly paid off the whole of the 
 debt,' said Tomkins. 'What am I to do if I have to 
 pay it all over again ? ' 
 
 ' I am afraid we cannot help you there, Mr Tomkins, 
 but I don't suppose our costs will be more than ^25; but 
 if you like to give us a fresh bill of sale for ;^50, payable 
 at £2 per month, I think we can meet you.' 
 
 ' But that is about all you could ask if I had lost the 
 action.' 
 
 ' Oh dear, no,' said Sleimy. ' You would have to pay 
 our costs and Mr Millar's costs, and if you got off under 
 two or three hundred pounds you would be luck}-. 
 Now, as you have come to me, you take my advice, just 
 let me get the document for you, and sign it, and we will 
 make an end of the matter.' 
 
 ' But,' said Tomkins, ' if you lose the case, I shall 
 probably get considerable damages, and you ought to 
 consider that.'
 
 \ 
 
 202 HIS LITTLE BILL OF SALE 
 
 ' But you won't fight the case,' said Sleimy, making a 
 shot, 'you cannot find the money.' 
 
 ' How do you know that ? ' said Tomkins. | 
 
 ' Never mind, I do know it,' which was not true, but 
 Sleimy thought it as well to make the assertion, though 
 he had believed that the case was going into Court, and 
 indeed had hardly known how he was going to get the 
 bank out of the difficult position into which he had 
 dragged it, if the case was really fought out. But Tomkins 
 was completely deceived by Sleimy 's confident manner, 
 and took it for granted that he knew of his poverty and 
 of the difficulty he was in, and his inability to find Mr 
 Millar the money, without which he declined to take the 
 case into Court. The experience he had had, led him, 
 however, to exercise a little caution, and he said : — 
 
 ' Well, Mr Sleimy, I will tell you, I am not very 
 anxious to fight the case if we can settle it. I will think 
 over your terms, and let you know to-morrow,' and he 
 left. 
 
 So this was the end of the glorious abilities of the 
 sharp solicitor. He had got out of him all his ready 
 money under the pretence of paying the instalments, 
 none of which he had paid, but put into his own pocket. 
 Nevertheless, although Mr Millar had had the jf i8 from 
 him and the costs, or such part of the costs of the appeal 
 as had been ordered to be paid to him at once, he refused 
 to go on with the case unless he could get more money 
 out of him. Tomkins could not help thinking that the
 
 MORE OF THE SHARP SOLICITOR 203 
 
 bill of sale man was somewhat preferable to, or at least 
 not much worse than the sharp solicitor ; but what was 
 he to do ? He could not get another solicitor without 
 paying him, and then again he did not know how much 
 more Mr Millar might want before he transferred the 
 papers ; besides, how was he to find any money ? why had 
 he not before taken Mr Sleimy's offer, though it involved 
 a tremendous sacrifice ? It was a hard position for him, 
 and one which he had been led into without any dis- 
 honesty on his part, but simply with the intention of 
 giving his wife and family a little extra pleasure. Fortun- 
 ately, he was compelled to return to his work, and for 
 the moment occupation made him think less of his 
 trouble. But there was another blow in store for him. 
 He had hardly been at work half-an-hour, when the bank 
 manager requested him to step into his private room. 
 It was not a very usual thing for Tomkins to be sent for 
 in this way, and as he obeyed the summons, he trembled 
 to think that his misfortunes were perhaps to culminate 
 in the loss of his situation. 
 
 Mr Thompson was an elderly grey-headed gentleman, 
 with a rather severe manner, which he took no pains to 
 conceal to his subordinates, and an interview with him 
 was never a very pleasant one. On this occasion he was 
 not alone, but was apparently in conference with an 
 astute looking gentleman, who grasped the world through 
 a pair of gold-rimmed spectacles. He hardly appeared 
 to look at Tomkins, and yet before he had sat down,
 
 204 HIS LITTLE BILL OF SALE 
 
 had taken his full measure. But he remamed quietly 
 in his chair and said nothing, while Mr Thompson 
 opened the conversation. 
 
 'Mr Tomkins,' said he, 'you have been with us for a 
 good many years now.' 
 
 * Since I was a boy, sir,' replied he, ' and I have 
 always done my best to give you and my employers 
 satisfaction. I hope there is nothing wrong, sir ? ' 
 
 Mr Thompson looked at the gentleman at his side, 
 with an expression that seemed to say, ' Shall I go on, or 
 will you ?' But as Mr Frewin said nothing, he continued : 
 ' I am sorry to say that it has come to our knowledge, Mr 
 Tomkins, that you have become involved in litigation 
 with some notorious money-lenders, and it is not to the 
 credit of our establishment that this should be the case.' 
 
 Tomkins feared that dismissal was coming ; he bowed 
 his head on his hands like a man completely overcome, 
 and for a minute could find no words to reply. But 
 as Mr Thompson did not continue, he felt it incumbent 
 to say something, and at length raising his head, he said, 
 'I am indeed very sorry, sir, that such should be the 
 case. I borrowed a few pounds temporarily, and I have 
 been cruelly imposed upon.' 
 
 ' You have been with us long enough,' said Mr Thomp- 
 son, ' to know that we could not allow our employees to 
 remain with us if they were in the hands of money- 
 lenders, and you are quite old enough to know, that if 
 you borrow money, you have to pay it back.'
 
 MORE OF THE SHARP SOLICITOR 205 
 
 ' May I explain, sir,' said Tomkins deferentially, ' that 
 I have kept all the terms that I agreed to, but I have 
 been cruelly imposed upon.' And then looking at Mr 
 Frewin, as if he took him to be a detective, Tomkins 
 added, 'but my borrowing money, sir, has not involved 
 any breach of duty that I owe to you, and if you have 
 anything against me, please give me an opportunity of 
 explaining it at once.' 
 
 Mr Frewin had been keeping close watch on Tomkins, 
 but had not said a word, and now quietly waved his 
 hand to that gentleman to be silent, and said to Mr 
 Thompson, ' I am quite satisfied.' 
 
 ' Very well, then,' said Mr Thompson, 'shall I go on, 
 or will you ? ' 
 
 ' I think,' said Mr Frewin, ' if you will just assure Mr 
 Tomkins that this interview is not hostile, and you will 
 leave him in my hands, we shall get on very well, but you 
 had perhaps better introduce me first.' 
 
 Mr Thompson rose from his seat. 
 
 'This gentleman,' said he, ' is Mr Charles Frewin, the 
 confidential solicitor of the bank, and it will be best for 
 you to trust him thoroughly.' 
 
 Mr Thompson had endeavoured to fulfil the part that 
 he had undertaken in this interview with every regard 
 for the wishes of the great solicitor, whose object had 
 been to test by personal inquiry, keeping Tomkins in 
 the dark, the honesty of his proposed client, but Mr 
 Thompson had managed the matter so badly, that he had
 
 206 HIS LITTLE BILL OF SALE 
 
 led Tomkins to thoroughly believe that some charge of 
 dishonesty was about to be made against him, and instead 
 of assenting at once to the proposal, he stood up with 
 some dignity and said : * Mr Thompson, I have been in 
 the service of the bank for fifteen years, and no sugges- 
 tion of failure of duty has ever been brought against me. 
 I am not now aware of any fault, but if you have any 
 charge to make against me, may I ask that it should 
 come from yourself, for I feel confident that I can 
 explain it.' 
 
 Mr Frewin smiled quietly at this outburst and seemed 
 rather pleased than otherwise, but Mr Thompson draw- 
 ing himself up, said : — 
 
 ' Am I to understand you refuse our assistance ? ' 
 
 But Mr Frewin interposed. 
 
 ' It is evident, Thompson,' he said smiling, ' that your 
 life has been a very rosy one. You have never been in 
 difficulties, and you don't know how a man feels when he 
 is hard pushed.' 
 
 Mr Thompson was about to remonstrate, but the 
 lawyer quietly waved him to be silent. 
 
 ' You have not explained that I am only here as Mr 
 Tomkins' friend, if he will treat me as one ; and it is 
 only natural from the way you have spoken to him he 
 should think we are his enemies.' 
 
 ' And why not, sir ? ' said Mr Thompson. ' Is it a very 
 reputable thing for one of our employees to be in such a 
 position ? '
 
 MORE OF THE SHARP SOLICITOR 207 
 
 ' Stop ! Stop ! Stop ! if you please,' said Mr Frewin 
 coolly, but in a manner calculated to make Mr Thompson 
 understand that the lawyer meant to have his own way. 
 ' You forget that the directors have left this matter 
 entirely to me to deal with as I think best, and you must 
 kindly be good enough to let me have my own way.' 
 
 ' As you please, sir,' replied Mr Thompson ; ' my 
 presence will then be no longer necessary.' 
 
 ' Now ! now ! come, Thompson. Do drop that bank- 
 parlour manner and be yourself for once, and treat our 
 friend here kindly. You have got it in you if you would 
 only let it come out, you know.' 
 
 Mr Thompson seemed inclined for the moment to 
 make a further protest, but the lawyer's smile and quiet 
 self-possessed manner were too much for him, and he 
 gave in. 
 
 ' Well, well, Frewin,' he said, ' I know you are sure to 
 have your own way sooner or later, so you may as well 
 have it sooner. ' What do you want me to do ? ' 
 
 ' What you should have done directly I told you I was 
 satisfied. Namely, to explain to our friend that liis 
 employers having heard, it does not matter how, of the 
 little difficulty he is in, have instructed me, if he is 
 agreeable, to do my best to get him out of it, and that 
 they do so because they are thoroughly satisfied of his 
 honesty, integrity, and devotion to their interests.' 
 
 ' You put it better than I can,' said Thompson. ' But,' 
 to Tomkins, ' what Mr Frewin says is perfectly correct.'
 
 208 HIS LITTLE BILL OF SALE 
 
 Tomkins felt a great load lifted off his mind, and at 
 the same time a perfect confidence in the self-possessed 
 lawyer so different to Mr Millar, and apparently so well 
 disposed towards him. 
 
 'I shall only be too glad, sir, if you will help me, 
 he said, ' and I beg you to believe that the fear of 
 my foolishness coming to the knowledge of my 
 employers, and in any way injuring them, has been 
 one of my greatest troubles.' 
 
 Mr Frewin bowed assent, and replied : ' And now, 
 if you will look upon me as your friend, as well as 
 adviser, and will just tell me what I want to know, I 
 have no doubt that we will find some way of pulling 
 you through your troubles. You will leave us together, 
 Thompson,' he said. 
 
 Mr Thompson took the hint, and retired to his own 
 room. 
 
 Mr Frewin then assumed an easy attitude, and 
 said : — 
 
 'Now, look here, Mr Tomkins, I had better tell 
 you how it is that I come into the matter. The fact 
 is, one of the directors of the bank is a better friend 
 of yours than you are aware, and he requested me 
 to see you and give you my advice, which I consented 
 to do, provided I was satisfied that 3'ou had really been 
 swindled. I happen to know something of the gentle- 
 men with whom you have been dealing. Their record 
 is not a verj' creditable one, but still it does sometimes
 
 MORE OF THE SHARP SOLICITOR 20g 
 
 happen that there are dishonest borrowers as well as 
 dishonest lenders, and before undertaking the matter, 
 I am sure you will forgive me for saying that I wished 
 to be satisfied in my own way that you really deserved 
 sympathy and assistance. I am sure you will forgive 
 me any little pain that Mr Thompson may have 
 inflicted on you, and if you will trust me implicitly, 
 I can assure you, you will have no cause to regret it.' 
 Tomkins had been in such mental distress over 
 the position in which Mr Millar had left him, that 
 he would, in all probability, have trusted the man 
 in the moon, if that often seen but little known 
 gentleman had offered to extricate him from his 
 difficulties. He accordingly expressed his thanks to 
 the lawyer, and said ' that he would be only too 
 willing to receive and follow his advice.' 
 
 'That's right,' said Mr Frewin, 'and now just take 
 your time and tell me the whole story of your diffi- 
 culties from beginning to end, and I need hardly say, 
 that if I am to succeed, you will do well to keep 
 nothing back from me.' 
 
 Mr Frewin's manner while he was speaking was 
 thoroughly encouraging, and without being able to 
 tell exactly why, Tomkins felt the most absolute 
 confidence in him ; he proceeded without hesita- 
 tion to comply with the lawyer's request, and with 
 the help of a few questions from his auditor, he 
 
 succeeded in making him familiar with the whole 
 
 O
 
 2IO HIS LITTLE BILL OF SALE 
 
 Story, the details of which are already before the 
 reader. 
 
 'And so,' said Mr Frewin, when he had finished, 
 'your sharp friend, Mr Millar, has brought your case 
 up to trial, and then proposes to leave you in the 
 lurch if you cannot find him more money. Eh ? ' 
 
 ' It does seem something like that,' replied Tom- 
 kins ; ' of course I could not expect him to work for 
 nothing, and find money out of his own pocket, but I 
 did not know until I saw Mr Sleimy that he had not 
 paid the instalments into Court, and that he has therefore 
 a lot of my money in hand.' z 
 
 ' Oh ! well,' said Mr Frewin, smiling, ' we will perhaps 
 let him keep that money. Now, beyond the incon- 
 venience of having the men in possession, you don't 
 seem to have suffered any serious damage.' 
 
 'That's true,' said Tomkins, 'except the injury it 
 has done me here.' 
 
 'That you need not think of; T think I may say that 
 your position with your employers will not be aff'ected, 
 and the experience you have gained should be of use 
 to you for the rest of your life. If I undertake this i 
 case for you, will you be satisfied, if you have nothing 
 more to pay to the bank or to Mr Millar, to get a 
 few pounds as damages ? ' 
 
 Tomkins considered a moment. ' You know,' said he, 
 ' I feel that as an honest man, I ought, of course, to pay 
 back the money I borrowed, and the interest I agreed
 
 MORE OF THE SHARP SOLICITOR 2 1 I 
 
 to pay, and if the instalments I have given Mr Millar 
 have gone into his pocket, of course that amount, as 
 well as the balance, is honestly due to the bank. If 
 I can get the time which I agreed to have, I can pay 
 back every penny.' 
 
 Mr Frewin eyed Tomkins very straightly through his 
 spectacles, but he detected no sign that there was any 
 want of candour in his statement. ' Oh ! I see,' he said, 
 'your view of honesty, and I have no doubt that you 
 are quite right, is that because people have robbed you, 
 you are not entitled to rob them if you can. I am 
 afraid, sir, it is a little old-fashioned, but, nevertheless, it 
 does you credit. Now I don't propose to pay these 
 people one penny piece ; I know that they would have 
 sold up your home and left you in the street to starve, 
 without a moment's compunction, so that if you have 
 any scruples about leaving me to deal with them in 
 my own way, I shall have to hand you back to Mr 
 Millar.' 
 
 Mr Frewin said this with a smile, but the prospect was 
 so alarming to Tomkins that he at once replied, ' Oh ! 
 pray don't think of doing that, Mr Frewin, I am quite 
 willing to leave myself in your hands.' 
 
 'Well, now, that is a wise course to adopt, and if I 
 can get you a few pounds damages for the wrongful 
 entry into your house, I think that the strictest moralist 
 will agree that you are entitled to take it. However, 
 we won't jump before we get to the stile. Don't give
 
 212 HIS LITTLE BILL OF SALE 
 
 yourself any further uneasiness. Just give me your 
 address on a piece of paper, as I don't want to write 
 to you here, and leave everything to me ; only be ready 
 to come to me immediately if I want you, with all 
 the papers you have got, and while I think of it, you had 
 better just sign this.' 
 
 The lawyer took a pen and ink, and drew up a short 
 letter of request to Mr Millar, to hand over all the 
 papers in the case. 
 
 Tomkins hesitated a moment before he signed it. 
 
 * Will he let you have them without his costs ? ' 
 
 Mr Frewin laughed. ' You leave that to me,' he said, 
 ' I will take care of Mr Millar.' 
 
 Tomkins signed the document, handed it to Mr Frewin, 
 and the interview ended.
 
 CHAPTER XVI 
 
 TO THE RESCUE 
 
 Mr Charles Frewin was one of the best known 
 solicitors in London. He was a man who, from his youth 
 upwards, had devoted his whole ability to the practice 
 of his profession, and combined with knowledge of the 
 law, he possessed to a remarkable degree the faculty of 
 acquiring and retaining in his mind the history of 
 individuals. It is a good deal to say of a man in a 
 big city like ours, but he certainly knew the history of 
 nearly every man in London with whom there was the 
 slightest probability of his coming into contact. And 
 such knowledge was not superficial, for he was generally 
 familiar with their private as well as their business 
 histories. He somehow managed to pick up everything 
 that was going on, and, as a general rule, when he was 
 entrusted with a case, he knew almost as much about 
 it as his client. Especially had his experience been 
 acquired in the Criminal Courts. He knew every trick 
 and dodge that the wily and scheming were in the habit 
 of resorting to for the plunder of their fellow men, and
 
 214 HIS LITTLE BILL OF SALE 
 
 it was this knowledge which enabled him in a way 
 which surprised not only the outside public, but the 
 members of his own profession, to achieve success where 
 others would have absolutely failed. Though fond of 
 money, he was not one of those men who think too 
 much of it, and he frequently undertook and carried 
 through a case in which there was real hardship, without 
 thinking at all about his costs. In his early years he 
 had had to struggle Hke other men, but he was now 
 well above the struggling stage. He was well known 
 in the profession, and if he was not very much liked by 
 those for whom he proved too clever, he was, at any rate, 
 respected and feared. He always knew everything that 
 was going on in the Courts, and it was therefore not 
 surprising that when Tomkins' case was before the 
 Court of Appeal he had happened to be present and to 
 become familiar with the details as they appeared before 
 that tribunal. It so happened that he was dining with 
 one of the directors of the bank where Tomkins was 
 employed, and of which he had been tor many years 
 solicitor, and in the course of the conversation the story 
 was mentioned with regard to how easily bank clerks 
 fell a prey to money-lenders. One thing brought up 
 another, and the great lawyer mentioned the case of 
 Tomkins, which, as we have said, he had heard a short 
 time before in the Court of Appeal. This had led to 
 certain inquiries on the part of the director, and another 
 interview with the lawyer, in which, for reasons of his
 
 TO THE RESCUE 215 
 
 own connected with the past career of these par- 
 ticular money-lenders, he had expressed his willingness 
 to assist this poor fellow out of his difficulties if the 
 director had reason to believe that he deserved help. 
 Now, this gentleman, although only one out of five, was 
 nevertheless so far conscientious, that he knew not 
 only all the details of the bank, but the history and 
 careers of nearly all the employees, although few of 
 them were probably aware of the interest he took 
 in them, and he had reason to be satisfied with 
 Tomkins' past, and believed that he was deserving of 
 some sympathy. To make a long story short, Mr 
 Frewin was ultimately instructed to get at Tomkins 
 in any way he thought best, and if he was satisfied 
 that he was deserving of help, he was either to under- 
 take the case or to give his assistance to whoever was 
 working for him. 
 
 One of the reasons why Mr Frewin was generally 
 successful was this, that he possessed an untiring energy 
 and never let the grass grow under his feet. He knew 
 the men he had to deal with. He took a cab down to 
 Mr Millar's at once, and that gentleman was easily 
 induced by him to part with all the papers, upon 
 his promise that his costs were perfectly safe. He did 
 not even require a written undertaking. He was only 
 too glad to come into contact with the great man, and 
 promised his assistance in any way that it might be re- 
 quired. Of course, Mr Frewin took care not to say a
 
 2l6 HIS LITTLE BILL OF SALE 
 
 word about the misappropriation of the instalments. A 
 few pounds one way or the other made no difference 
 either to him or to the director, who was prepared to 
 pay any costs that he might like to charge. Mr 
 Millar hoped that his name might still be allowed 
 to appear in the case if it went to trial. 
 
 Mr Frewin was, of course, not too communicative to- 
 wards him, and did not tell him what course he was going 
 to pursue, but having obtained such of the papers as he 
 required for immediate use, left him, promising to call 
 again, and proceeded at once to the money-lending bank. 
 Here he sent in his card to Mr Sleimy, and when that 
 gentleman's presence was denied to him, walked coolly 
 through the doors, and into his room before he had time 
 to get out of the way. Mr Sleimy, with all his natural 
 ingenuity, was too much taken by surprise to avoid the 
 interview, but Mr Frewin keeping his hat on, and coolly 
 continuing to smoke his cigar, opened the conversation 
 at once. 
 
 ' You appear surprised to see me, Samuels,' he said, 
 ' but you know, gentlemen in your line of business should 
 be prepared for surprises.' 
 
 Mr Sleimy got up as if he was about to attempt 
 to make his escape, but Mr Frewin waved him to sit 
 down. 
 
 ' Don't be in a hurry, you will be obliged to have a little 
 conversation with me sooner or later, and you may just as 
 well have it here and now.'
 
 TO THE RESCUE 217 
 
 Sleimy resumed his seat, and tried to put on indigna- 
 tion. 
 
 ' I don't know what you mean, sir, by forcing your way 
 into my private room Hke this.' 
 
 But Mr Frewin stopped him. 
 
 ' Come, come, Samuels, none of that nonsense with 
 me. Try that on with some of your dupes. I warned 
 you twelve months ago, that you would get yourself into 
 trouble, if you or any of your friends came again into 
 my hands, and I thought you had taken the hint, but 
 you are one of those men, Samuels, to whom a warning 
 is of no use.' 
 
 ' My name is Sleimy,' said the other, trying again to 
 make a protest. 
 
 ' Yes, yes, yes, I know all about it, but it is not the 
 first time you and I have met, and you might have 
 common sense enough to know that if I came to you, 
 instead of requesting the interview at another place, it is 
 for the sake of some of your relations. I don't wish to 
 treat you any worse than I am obliged.' 
 
 'I don't know what you mean, said Sleimy, angrily. 
 
 ' Drop that with me,' said Mr Frewin coolly. ' You 
 have been trying the philanthropic dodge, and you have 
 hooked a client of mine. Now, I suppose, you under- 
 stand what I have come for.' 
 
 Sleimy knew of old what sort of man Mi; Frewin was, 
 and able, as he generally found himself, to hold his own; 
 he was no match for a man who knew every dark spot in
 
 2l8 HIS LITTLE BILL OF SALE 
 
 his career since he was a lad. He grasped at once the 
 position that Mr Frewin meant business, and he began 
 to think that it might be wiser, at any rate, to know 
 what was the present grievance, before he determined 
 how to face it. He gave way, as Mr Frewin knew per- 
 fectly well he would do, assumed an easy position, and 
 invited Mr Frewin to sit down. 
 
 'Now,' said Mr Frewin, 'this is common sense. You 
 ma)' change your name a dozen times, but, with your 
 nose, I shall still know you as Ikey Samuels, and your 
 precious friends, Hardress & Co., as old Sol Isaacs, and 
 that double-dyed villain Harrison.' 
 
 Sleimy was annoyed. ' I suppose you did not come 
 here only to abuse me,' said he. 
 
 ' Don't be in a hurry. You are very good company 
 when you are reasonable.' 
 
 Sleimy bowed assent, and Mr Frewin continued. 
 
 ' T cannot understand,' said he, ' why you money- 
 lenders must pursue crooked paths. If I were a money- 
 lender I would just simply tell the people who came to 
 me that my terms were 60 per cent., and that, if they 
 
 borrowed, I meant to be paid, and that they were d d 
 
 fools to deal with me. In every business, honesty is the 
 best policy.' 
 
 ' Do you find that so in the law ? ' said Sleimy 
 musingly. 
 
 'I do,' replied Mr Frewin, 'unless I am dealing with such 
 thieves as you, and then, honesty would be thrown away. 
 
 i
 
 TO THE RESCUE 2X9 
 
 Now just look what you have been doing. You caught 
 hold of a poor devil of a bank clerk, who knew no more 
 about business than a child. You got him into your 
 net, and you would have left him without a rag to 
 his back.' 
 
 ' I don't know what you are referring to,' said Sleimy, 
 ' but I have had no dealings with any client of yours 
 that I know of, and I don't quite see what it is to you 
 how we do our business. We make law for you to live 
 upon, at any rate.' 
 
 ' I will tell you what it is, Samuels. We are both Jews, 
 and were both born of honest and respectable, old- 
 fashioned people. You go your way to bring your 
 religion, yourself, and your race into contempt. Why 
 don't you do your business honestly?' 
 
 ' You say I don't, but that does not prove anything. 
 If the man has been robbed he has got his remedy, and 
 it is just as often we are robbed. We are obliged to 
 charge big interest to those who pay to make up for 
 those from whom we don't get our money.' 
 
 Mr Frewin burst out laughing. 'Then I am afraid 
 the next gentleman will have to pay a very high rate, 
 for I don't intend to pay you a penny in this case.' 
 
 ' We will see about that,' said Sleimy. * I am not 
 going to be bullied any more, either by you or anybody 
 else, so I tell you straight. We don't mind fighting. It 
 is a good advertisement, and you cannot do much 
 against a limited company, you know.'
 
 2 20 HIS LITTLE BILL OF SALE 
 
 ' We shall see,' said Mr Frewin ; ' my client, on the 
 present occasion, is a gentleman named Tomkins ; perhaps 
 you recollect ; a bill of sale obtained by fraud.' 
 
 'Oh,' said Sleimy, much relieved, for he had not 
 thought that so big a man as Mr Frewin would have 
 come to him about a wretched case of £30. There were 
 several much more important and serious matters in 
 hand, upon any one of which the great lawyer might 
 have been concerned. 
 
 ' Is that all ? We have to do with a Mr Millar, a very 
 seedy chap, in that case, and I did not know that you 
 were in any way interested in it.' 
 
 ' Well, you know it now, then,' replied Mr Frewin, 
 ' and I must say for a man of your age and experience, 
 I am surprised that you still resort to these stale tricks, 
 of which I should have thought you had got tired long 
 ago.' 
 
 ' I don't want your advice,' growled Sleimy. ' If you 
 are going to pay us off, well and good, and if not, I don't 
 see any use in discussing the question.' 
 
 Mr Frewin made no reply. He took his cigar-case from 
 his pocket, selected a fresh weed, and offered Mr Sleimy 
 one, which the latter took and lighted. 
 
 ' Now look here, Samuels — ' 
 
 ' I will be much obliged if you will call me my right 
 name,' grunted Sleimy. 
 
 'Well, come,' said Mr Frewin, 'there's no accounting 
 for taste. I think Samuels sounds much better than
 
 TO THE RESCUE 22 1 
 
 Sleimy, but if you wish it, Sleimy you shall be, and it is 
 not such a bad name after all, for so slippery a customer. 
 Now, when you get hold of an aristocrat, whose friends 
 come to me and say, "get this chap out of Sleimy's 
 clutches as cheaply as you can," I always deal liberally 
 with you, as you know ; but when I find that you have 
 robbed a poor devil of a bank clerk, whose salary is jf 150 
 a year, and who lis as innocent as a baby, it is quite a 
 different matter. I have got a perfectly free hand here, 
 and I am very much disposed to think that a month or 
 two in Holloway might be good for your morals, and it 
 would be an advantage to the community at large, to 
 keep you out of mischief. There is another little thing 
 that might be of great service to your firm, or company 
 as you call it. It would probably be a good advertisement 
 for you, if your philanthropic letter,' and Mr Frewen 
 tapped his coat pocket, 'and a few of the other little 
 documents which you use, were made public, in, say. 
 Truths for instance.' 
 
 If Mr Sleimy had had a little longer time to consider 
 things, he would probably have at once shown a disposi- 
 tion to meet Mr Frewin half way, and in that case the 
 lawyer would have been quite prepared to let him off 
 easy, for there were a great many difficulties in Tomkins' 
 case, and his client had given him an absolutely free 
 hand, but Mr Frewin's manner was so irritating that 
 Sleimy lost his usual calm judgment, and tried to do a 
 little bullying himself in return.
 
 22 2 HIS LITTLE BILL OF SALE 
 
 ' I suppose,' he blustered, ' there is criminal law for 
 you as well as for me, and if you come here to try and 
 extort money by a threat of exposure, the bank solicitors 
 will soon know how to deal with you.' 
 
 Mr Frewin stared at him quietly through his glasses, 
 and then he laughed gently. 
 
 * The bank ! ' he said. ' Do you think you can impose 
 that upon me ? Don't 1 know that your precious bank 
 consists of you, Isaacs, and that rascal Harrison who 
 calls himself Hardress ? Have you forgotten that it was 
 only at the urgent request of a benevolent old gentleman, 
 for whom I have the greatest respect, but whose one 
 great misfortune is to call you his nephew, that I 
 held my hand two 5'ears ago instead of prosecuting the 
 whole lot of you ? Do you think that I shall find any 
 difficulty in instructing Mr Will to cross-examine you 
 about these little matters, or, if necessary, get Mr 
 Newton to grant a summons against the whole lot of 
 you? ' 
 
 ' Bounce,' replied Sleimy, ' you don't bounce me this 
 time. You cannot take criminal proceedings in this 
 case at all, because you have got an action pending, and 
 the threat is contempt of Court, for which I will make 
 you answer.' 
 
 Mr Frewin smiled again. 
 
 ' You seem to have been studying a little law lately, 
 but it will pay you better to study common sense and 
 common honesty. I suppose you are not very busy on
 
 TO THE RESCUE 2 2 
 
 J 
 
 Friday, but anyhow, if you take this tone with me, you 
 had better make it convenient to attend at Marlborough 
 Street on that day. I have got the necessary document 
 for you here, and I don't suppose it will take me very 
 long to find your beloved friends, Isaacs & Co.' 
 
 Now, of course we know that Mr Frewin had not made 
 any application to the magistrate, and perhaps some 
 people may think he was going a little too far in telling 
 the falsehood, but he knew his man, and calculated with 
 perfect judgment on the effect that this would produce. 
 It was perfectly true, as Sleimy had stated, that a magis- 
 trate would be loath to entertain or dispose of a charge 
 of fraud while there were civil proceedings pending, but 
 there is no absolute rule of law on this point, and more- 
 over, Mr Frewin would have been under no necessity 
 to tell the magistrate anything about the civil proceed- 
 ings when applying for a summons or warrant, and Mr 
 Frewin's position was such among the London magis- 
 trates that he had little difficulty in getting anything he 
 wanted from them. Mr Sleimy, of course, did not and 
 could not know whether the lawyer had already taken 
 proceedings, and he unfortunately knew Mr Frewin well 
 enough to be aware that although one might be 
 able to do a good deal with him before his blood was 
 roused, yet that once he made up his mind to go for a 
 man he never gave way. Sleimy turned green. Whether 
 or not there was the smallest probability of his being 
 convicted of fraud mattered little to him. If it got into
 
 224 HIS LITTLE BILL OF SALE 
 
 the papers that the bank was only a cover for a common 
 money-lending concern, that the company was a mere 
 disguise, and if Mr Frewin should be really in earnest 
 in his threats, the consequences to himself and his friends 
 would be fatal. Mr Frewin was not slow in seeing that 
 he had produced the effect he had desired, and pressed 
 his advantage. 
 
 ' If you like, I will go a little further, as I never wish 
 to deal unfairly with anybody. There is an old friend of 
 yours named King, waiting for me outside with certain 
 definite instructions to the hunting up of a few docu- 
 ments, which might possibly be upon the premises, and 
 which, I have no doubt, he will find, and take to 
 Scotland Yard to be ready for me when I want them on 
 Friday.' 
 
 Sleimy could not find anything to say adequate to the 
 occasion, so he merely answered, * You have been in a 
 great hurry this time.' 
 
 ' Yes,' said Mr Frewin, ' almost in as great a hurry as 
 you were to sell this poor man up, if the Court of 
 Appeal had not stopped you.' 
 
 Sleimy simply ground his teeth with rage. His 
 cunning intellect fairly grasped that he was no match 
 in wordy warfare for the skilful lawyer. He tried 
 to gain time. ' Won't you give me till to-morrow, just 
 to talk the matter over with the directors, and I will use 
 all my influence to induce them to meet your views.' 
 
 * Or to get out of the way,' laughed Mr Frewin. ' You
 
 TO THE RESCUE 225 
 
 don't seem so certain of your position as you were a few 
 moments ago.' 
 
 Sleimy was simply raging, and yet, tempted as he 
 was to resistance, there was that in the quiet assurance 
 of the man opposite him, that prevented him from 
 uttering the defiance in his heart. Mr Frewin played 
 with him cruelly, and offered him his cigar-case again, 
 saying : ' You had better enjoy good cigars as long as 
 you can. You don't get them in Holloway, and you 
 know Mr Newton might refuse bail. He is a very short- 
 tempered man sometimes, and not particularly fond of 
 money-lenders.' 
 
 ' Probably he has reasonable reminiscences,' replied 
 Sleimy. And yet, he did not refuse another of the 
 lawyer's cigars, which he knew to be exceptionally 
 good. 
 
 ' Now, come, Sleimy,' said Mr Frewin, ' make a virtue 
 of necessity, and I will spare you this once, but mind 
 you, it is the last time.' 
 
 Sleimy growled and grunted a bit, but tbe dread of 
 that summons overcame him, and at last he said, ' Well, 
 how much do you want to rob us of ? ' 
 
 Mr Frewin smiled calmly, quietly unbuttoned one 
 
 of his gloves, took out a pencil from his pocket, and 
 
 pulling over a sheet of paper, said : ' Well now, we are 
 
 going to talk common sense. You did lend this poor 
 
 devil ^20. You called it ^30, but you took ^10 
 
 back.' 
 
 P
 
 2 26 HIS LITTLE BILL OF SALE 
 
 ' Payable on demand,' said Sleimy. ' That has been 
 held to be legal.' 
 
 ' Oh, yes, I know,' said Mr Frewin. ' Do you know 
 any case that says, you may make a man drunk or drug 
 him, and get his signature to a document, without being 
 liable for the consequence, eh ? ' 
 
 ' That is all a lie,' said Sleimy. 
 
 ' No, it is not,' said Mr Frewin, * and you know it. 
 It is no more a lie than that you sent up two men to his 
 house, who took a schedule of his goods under a false 
 pretence. It is no lie that the man had no intention 
 of ever giving you a bill of sale ; though he is an 
 honest fellow, and would have repaid you every penny 
 with your interest, if your avarice had not got the 
 better of your judgment. Deceive who you like, 
 Sleimy, but do not attempt to deceive me, because it 
 won't wash, and you ought to know that by this time. 
 To continue, as I said the man had your £20, and 
 against this you have tried to ruin him, and but for 
 an accident, might have succeeded. But even such 
 thieves as you and your lot deserve some consideration, 
 so this is all I am going to ask you to do. Give 
 me up the bill of sale, we will stay all proceedings 
 in the action, and you will give me £^-^0 as compensa- 
 tion for the illegal seizure of his furniture.' 
 
 Sleimy opened his eyes wide. 'You are not asking 
 much,' he said.
 
 TO THE RESCUE 227 
 
 * Not a bit,' said Mr Frewin. ' You ought to pay 
 his costs as well. I am letting you off very easily.' 
 
 'Why!' said Sleimy, 'we are losing ^20 money 
 lent, our interest and our costs, and you want ^50 
 as well ; it is monstrous.' 
 
 *Ah, well,' said Mr Frewin, 'I said j£s°j but you 
 can make it ^loo if you like.' 
 
 'Not a penny piece,' said Sleimy. 'If you want 
 to ruin me, you may as well do it one way as another.' 
 
 'Poor chap,' said Mr Frewin, 'if you are really so hard 
 up, I will lend you the £s° myself, but those are my 
 terms.' 
 
 'And if I won't agree to them,' said Sleimy desper- 
 ately. 
 
 'Well,' said Mr Frewin, ' the little interview I sug- 
 gested on Friday will be rather an amusement to me than 
 otherwise.' 
 
 ' You are rather hard on an old friend. Surely if I 
 give up the bill of sale, you ought to be satisfied.' 
 
 ' What, and give the poor devil nothing for all the 
 anxiety 5'ou have caused him. Why, a jury might give 
 him j^soo, and if Will cross-examined you and Mr 
 Isaacs, I should not be at all surprised if they did. How- 
 ever, these are my terms, and if you don't like to take 
 them you can leave them.' And the lawyer got up as if 
 he were about to terminate. the interview. 
 
 Mr Sleimy's eyes twinkled, as his visitor threatened 
 to produce no document. He jumped to the conclusion
 
 228 HIS LITTLE BILL OF SALE 
 
 that the mention of the summons had been merely 
 bounce, and the spirit of defiance came back upon him. 
 He said quietly, ' Very well, then, you must take your 
 own course.' 
 
 'I shall,' replied Mr Frewin, putting his hand into his 
 pocket quietly, ' and I will just leave this with you.' 
 
 ' So he has the summons after all,'j thought Sleimy, 
 and his head dropped. 
 
 ' No, no,' said he, ' we have got so near to ar- 
 ranging matters that it would be a pity if we should 
 part bad friends. To oblige you, mind, Frewin, I will put 
 my hand into my own pocket,' — Mr Frewin laughed 
 again — 'and will give your client ^25. Now surely 
 that is enough.' 
 
 ' Well,' said Mr Frewin, ' to oblige you, on account of 
 my regard for the only respectable member of your 
 family, I will let you off for that. Give me the 
 documents, and your cheque for £2^. I will give you 
 a receipt, and the matter will be at an end.' 
 
 The business was soon arranged, now that the terms 
 were agreed. Mr Sleimy handed up the bill of sale, with 
 a receipt upon it, and he also gave Mr Frewin ^25, 
 who returned him a receipt in full of all claims, and a 
 consent to stay all proceedings in the action. They 
 then bowed politely to one another, and even shook 
 hands, as they were parting, 
 
 * Of course,' said Mr Sleimy, as he showed him to the 
 door, ' you will at once withdraw that little document.'
 
 TO THE RESCUE 229 
 
 'You have my word for that,' said Mr Frewin, 
 ' especially,' with a wink, ' as it has never been issued 
 or applied for. Good morning,' and he left. 
 
 Sleimy ground his teeth with rage, to think how the 
 lawyer had got the best of him.
 
 CHAPTER XVII 
 
 CONCLUSION 
 
 Little remains to be told. Mr Frewin at once saw Mr 
 Millar, and gave the sharp solicitor a rather uncomfort- 
 able quarter of an hour, pointing out to him, that it was 
 the duty of a professional man to keep faith with his 
 client, and not think only of his own bill of costs. 
 Mr Millar bore the reproof meekly, and endeavoured to 
 explain matters as far as he could, for he was only too 
 pleased to have been brought into contact with so great 
 a man as Mr Frewin, and by way of reparation for any 
 shortcomings on his part, and to conciliate the great 
 solicitor, he offered to go without his costs. Mr Frewin, 
 however, was a man of the world, and understood 
 perfectly well that Millar was a poor man, and he 
 therefore told him he could keep what he had got, 
 and gave him £\o beyond, five of which he paid out 
 of his own pocket. Having settled that business 
 satisfactorily, he returned to his office, and wrote a 
 letter to Tomkins, enclosing him a cheque for ^20, 
 and telling him that the whole matter was settled, and
 
 CONCLUSION 231 
 
 added a kindly warning to be careful from whom he 
 borrowed money in the future. We need hardly say 
 that Tomkins was overjoyed at the result of Mr 
 Frewin's interference, that happiness once more reigned 
 in his household, that his wife was all amiability, and 
 that the lesson was not thrown away. He managed 
 better in the future, and when we last heard of 
 him, had got a substantial increase in his salary, 
 and a nice little sum in the bank against a rainy 
 day. Although, owing to the fortunate accident of Mr 
 Frewin's interference, our friend succeeded in getting 
 through his difficulties, he did so through an accident 
 that but very rarely happens, and but for this, his action 
 would have been dismissed, and in addition to the 
 whole of the bill of sale money, he would have had to 
 pay the costs of the bank and of Mr Millar, a sum 
 which would altogether have exceeded ;^300. He would 
 have had all his furniture sold up, in all probability 
 lost his situation, and himself, wife and family been 
 reduced to poverty and disgrace. It must not be 
 supposed that this is fiction. Unhappily it is not. Un- 
 fortunately repeated changes in the law, and absurd and 
 conflicting decisions upon the cases connected with bills 
 of sale, have rendered this class of security so uncertain, 
 that none but the lowest of the money-lending fraternity 
 will have anything to do with them, and it would be far 
 more in the interests of poor borrowers ' to render all 
 pledges of furniture by way of bill of sale, without
 
 232 HIS LITTLE BILL OF SALE 
 
 deposit of the goods, illegal, even though it deprived 
 them of the power of sometimes raising useful capital, 
 than to leave them to the mercy of the sharks and 
 harpies, who, by means of fraudulent advertisements and 
 false and deceptive representations get them into their 
 clutches, and reduce them to poverty. As a general 
 rule, the borrowing of money on a bill of sale is the 
 expedient of a man, already desperate, and little good is 
 done to him by enabling him for a short period to 
 postpone the inevitable day of reckoning, and to pay to 
 the money-lender what should far more justly go to his 
 other creditors. 
 
 We do not suppose that this little book, or indeed any 
 warning, will serve as an effective caution to intending 
 borrowers. The Isaacs, the Sleimys, and men of their 
 class, always exist, and when one trick is exploded and 
 known to the intending victims, they devise another, and 
 it is only occasionally that they are met at the eleventh 
 hour by a man who knows how to deal with them. 
 Nor is it fair to judge of the state of these matters by 
 such cases as from time to time appear in the newspapers, 
 because the victim is as often as not completely crushed 
 at once, and never gets a chance of exposing the system 
 by which he has been ruined ; nor would it be of much 
 use if he did so, for this class of man does not mind 
 exposure. He merely changes his name and his address, 
 or covers his identity with a limited liability cloak, and 
 when that gets threadbare, he shifts his ground again,
 
 CONCLUSION 233 
 
 and continues the business through an agent. It is 
 perfectly true that it sometimes happens, as in this case, 
 owing to the timely interference of Mr Frewin, that the 
 lender comes out a loser by the transaction, but this is 
 the rare exception. Sometimes, of course, the borrower is 
 able to keep up his payments with punctuality, and pay 
 up the whole of the amount borrowed, with 60 per 
 cent, interest, and then he will find that as the date of 
 his freedom is approaching, he is pressed in the most 
 friendly spirit to renew the loan. Sometimes a device to 
 which we have not referred in the foregoing pages is 
 adopted. The borrower is induced to make a statutory 
 declaration, as to his means and other matters, and if 
 the _money is not forthcoming when due, a prosecution 
 for perjury is threatened against him, and the money 
 extorted from his friends. But as this dodge, if unsuc- 
 cessful, may subject the money-lender to an action for 
 malicious prosecution in which he is certain to have 
 heavy damages given against him, it has become un- 
 fashionable at present, though it will probably be revived 
 again. 
 
 The tricks of money-lenders only run in certain 
 grooves, and their united genius has not discovered 
 anything especially new within the last quarter of a 
 century. 
 
 The impecunious man who wants a few pounds to meet 
 a pressing liability will probably feel inclined to say to us, 
 ' What other course is open to him than to resort to the 
 
 Q
 
 234 HIS LITTLE BILL OF SALE 
 
 money-lender?' We can only reply, 'That, in our 
 humble judgment, if he has no resource but to borrow 
 on a bill of sale, he had better face his difficulties at once, 
 realise his home to the best advantage, or meet his 
 creditors like a man and ask for their kind indulsfence. 
 If he has been honest, he is almost sure to get it; and 
 if not, or if the creditors are obdurate, the resort to the 
 money-lender is merely the .postponement of the in- 
 evitable evil day. Let such a man read the foregoing 
 pages. We can assure him there is no exaggeration, 
 and he may fairly prognosticate what is likely to be his 
 own fate from a careful consideration of the history of 
 
 'tomkins' little bill of sale 
 
 - > 
 
 FINIS 
 
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