Then the lawyers of the Company made a statement of their claim, and when she read it Maude burst into tears, and said that it was all over, and they must make the best of it, and she should never forgive herself for that new dress in the spring. And then Frank's lawyer drew up a defence, and when Frank heard it, he said, 'Why, what a silly business it seems! They have not got a leg to stand upon.' And so, after all these flourishes and prancings, the two parties did actually begin to show signs of coming to a hearing after all, and a day was fixed for the trial. By a coincidence it was Frank's birthday. 'There's a good omen!' cried Maude.
The first herald of the approaching conflict was a seedy person, who thrust a paper into Frank's hand as he emerged from The Lindens in the morning. It was another letter from Her Majesty, in which sub poena (Her Majesty has not a gracious way of putting things in these documents), Mr. Frank Crosse had 'to attend at the Royal Courts of Justice, Strand, at the sittings of the Queen's Bench Division of our High Court of Justice, to give evidence on behalf of the Hotspur Company.'
This seemed to Frank to be a most unexpected and fearsome stroke, but Owen simply laughed.
'That is mere bluff,' said he. 'It makes me think that they are weakening. They want to frighten you.'
'They did,' said Frank.
'Two can play at that game. We must keep a bold front.'
'What do you mean to do?'
'To subpoena all their crowd.'
'Capital!' cried Frank. So a clerk was sent across to the Hotspur office with a whole bundle of subpoenas, and served them liberally out. And in two days' time was the day of battle.
CHAPTER XV--A RESCUE
As the day fixed for the hearing drew near, Ruin lived with them by day and slept with them by night. Its dark shadow covered their lives, and they moved in the gloom of its presence. If the trial went against them, and Owen in his most hopeful moods did not disguise from them that it might, they would have to pay the double costs as well as the original claim. All that they possessed would not cover it. On the other hand, if they won, this rich Company might carry the matter to a higher Appeal Court, and so involve them in a fresh succession of anxieties and expenses. Do what they would, there was always danger. Frank said little, and he slept little also.
One night, just before the trial, Wingfield, the accountant of the Society, came down to Woking. He had managed the case all through for the directors. His visit was a sort of ultimatum.
'We are still ready to pay our own law-costs,' said he, 'if you will allow the original claim.'
'I can't do that,' said Frank doggedly.
'The costs are piling up at a furious rate, and some one will have to pay them.'
'I hope that it will be you.'
'Well, don't say afterwards that I did not warn you. My dear Crosse, I assure you that you are being misled, and that you have not really got a leg to stand upon.'
'That's what the trial is about,' said Frank.
He kept a bold face to the enemy, but after Wingfield's departure, Maude saw that his confidence was greatly shaken.
'He seemed very sure of their case,' said he. 'He would not speak like that if he did not know.'
But Maude took quite another view.
'If they know that they can recover their money in court, why should they send Mr. Wingfield down in this way.'
'He is such a good chap--he wants to save us expense.'
Maude was less trusting.
'He is doing the best for his own side,' said she. 'It is his duty, and we can't blame him. But if he thought it best to get behind his own lawyers and come down here, then he must have some doubts about going into court. Perhaps he would be willing to consider some compromise.'
But Frank only shook his head.
'We have drawn the cork, and we must drink the wine,' said he. 'We have gone too far to stop. Any compromise which they would accept would be as much out of our power to pay as the whole sum would be, and so we may just as well see it through.' But for once Maude did not take his opinion as final, but lay awake all night and thought it over.