The Foresyte Saga

by John Galsworthy

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Chapter V - The Trial

In the morning of his case, which was second in the list, Soames was again obliged to start without seeing Irene, and it was just as well, for he had not as yet made up his mind what attitude to adopt towards her.

He had been requested to be in court by half-past ten, to provide against the event of the first action (a breach of promise) collapsing, which however it did not, both sides showing a courage that afforded Waterbuck, Q.C., an opportunity for improving his already great reputation in this class of case. He was opposed by Ram, the other celebrated breach of promise man. It was a battle of giants.

The court delivered judgment just before the luncheon interval. The jury left the box for good, and Soames went out to get something to eat. He met James standing at the little luncheon-bar, like a pelican in the wilderness of the galleries, bent over a sandwich with a glass of sherry before him. The spacious emptiness of the great central hall, over which father and son brooded as they stood together, was marred now and then for a fleeting moment by barristers in wig and gown hurriedly bolting across, by an occasional old lady or rusty-coated man, looking up in a frightened way, and by two persons, bolder than their generation, seated in an embrasure arguing. The sound of their voices arose, together with a scent as of neglected wells, which, mingling with the odour of the galleries, combined to form the savour, like nothing but the emanation of a refined cheese, so indissolubly connected with the administration of British Justice.

It was not long before James addressed his son.

“When's your case coming on? I suppose it'll be on directly. I shouldn't wonder if this Bosinney'd say anything; I should think he'd have to. He'll go bankrupt if it goes against him.” He took a large bite at his sandwich and a mouthful of sherry. “Your mother,” he said, “wants you and Irene to come and dine to-night.”

A chill smile played round Soames' lips; he looked back at his father. Anyone who had seen the look, cold and furtive, thus interchanged, might have been pardoned for not appreciating the real understanding between them. James finished his sherry at a draught.

“How much?” he asked.

On returning to the court Soames took at once his rightful seat on the front bench beside his solicitor. He ascertained where his father was seated with a glance so sidelong as to commit nobody.

James, sitting back with his hands clasped over the handle of his umbrella, was brooding on the end of the bench immediately behind counsel, whence he could get away at once when the case was over. He considered Bosinney's conduct in every way outrageous, but he did not wish to run up against him, feeling that the meeting would be awkward.

Next to the Divorce Court, this court was, perhaps, the favourite emporium of justice, libel, breach of promise, and other commercial actions being frequently decided there. Quite a sprinkling of persons unconnected with the law occupied the back benches, and the hat of a woman or two could be seen in the gallery.

The two rows of seats immediately in front of James were gradually filled by barristers in wigs, who sat down to make pencil notes, chat, and attend to their teeth; but his interest was soon diverted from these lesser lights of justice by the entrance of Waterbuck, Q.C., with the wings of his silk gown rustling, and his red, capable face supported by two short, brown whiskers. The famous Q.C. looked, as James freely admitted, the very picture of a man who could heckle a witness.

For all his experience, it so happened that he had never seen Waterbuck, Q.C., before, and, like many Forsytes in the lower branch of the profession, he had an extreme admiration for a good cross-examiner. The long, lugubrious folds in his cheeks relaxed somewhat after seeing him, especially as he now perceived that Soames alone was represented by silk.

Waterbuck, Q.C., had barely screwed round on his elbow to chat with his Junior before Mr. Justice Bentham himself appeared—a thin, rather hen-like man, with a little stoop, clean-shaven under his snowy wig. Like all the rest of the court, Waterbuck rose, and remained on his feet until the judge was seated. James rose but slightly; he was already comfortable, and had no opinion of Bentham, having sat next but one to him at dinner twice at the Bumley Tomms'. Bumley Tomm was rather a poor thing, though he had been so successful. James himself had given him his first brief. He was excited, too, for he had just found out that Bosinney was not in court.

'Now, what's he mean by that?' he kept on thinking.

The case having been called on, Waterbuck, Q.C., pushing back his papers, hitched his gown on his shoulder, and, with a semi-circular look around him, like a man who is going to bat, arose and addressed the Court.

The facts, he said, were not in dispute, and all that his Lordship would be asked was to interpret the correspondence which had taken place between his client and the defendant, an architect, with reference to the decoration of a house. He would, however, submit that this correspondence could only mean one very plain thing. After briefly reciting the history of the house at Robin Hill, which he described as a mansion, and the actual facts of expenditure, he went on as follows:

“My client, Mr. Soames Forsyte, is a gentleman, a man of property, who would be the last to dispute any legitimate claim that might be made against him, but he has met with such treatment from his architect in the matter of this house, over which he has, as your lordship has heard, already spent some twelve—some twelve thousand pounds, a sum considerably in advance of the amount he had originally contemplated, that as a matter of principle—and this I cannot too strongly emphasize—as a matter of principle, and in the interests of others, he has felt himself compelled to bring this action. The point put forward in defence by the architect I will suggest to your lordship is not worthy of a moment's serious consideration.” He then read the correspondence.

His client, “a man of recognised position,” was prepared to go into the box, and to swear that he never did authorize, that it was never in his mind to authorize, the expenditure of any money beyond the extreme limit of twelve thousand and fifty pounds, which he had clearly fixed; and not further to waste the time of the court, he would at once call Mr. Forsyte.

Soames then went into the box. His whole appearance was striking in its composure. His face, just supercilious enough, pale and clean-shaven, with a little line between the eyes, and compressed lips; his dress in unostentatious order, one hand neatly gloved, the other bare. He answered the questions put to him in a somewhat low, but distinct voice. His evidence under cross-examination savoured of taciturnity.

Had he not used the expression, “a free hand”? No.

“Come, come!”

The expression he had used was 'a free hand in the terms of this correspondence.'

“Would you tell the Court that that was English?”


“What do you say it means?”

“What it says!”

“Are you prepared to deny that it is a contradiction in terms?”


“You are not an Irishman?”


“Are you a well-educated man?”


“And yet you persist in that statement?”


Throughout this and much more cross-examination, which turned again and again around the 'nice point,' James sat with his hand behind his ear, his eyes fixed upon his son.

He was proud of him! He could not but feel that in similar circumstances he himself would have been tempted to enlarge his replies, but his instinct told him that this taciturnity was the very thing. He sighed with relief, however, when Soames, slowly turning, and without any change of expression, descended from the box.

When it came to the turn of Bosinney's Counsel to address the Judge, James redoubled his attention, and he searched the Court again and again to see if Bosinney were not somewhere concealed.

Young Chankery began nervously; he was placed by Bosinney's absence in an awkward position. He therefore did his best to turn that absence to account.

He could not but fear—he said—that his client had met with an accident. He had fully expected him there to give evidence; they had sent round that morning both to Mr. Bosinney's office and to his rooms (though he knew they were one and the same, he thought it was as well not to say so), but it was not known where he was, and this he considered to be ominous, knowing how anxious Mr. Bosinney had been to give his evidence. He had not, however, been instructed to apply for an adjournment, and in default of such instruction he conceived it his duty to go on. The plea on which he somewhat confidently relied, and which his client, had he not unfortunately been prevented in some way from attending, would have supported by his evidence, was that such an expression as a 'free hand' could not be limited, fettered, and rendered unmeaning, by any verbiage which might follow it. He would go further and say that the correspondence showed that whatever he might have said in his evidence, Mr. Forsyte had in fact never contemplated repudiating liability on any of the work ordered or executed by his architect. The defendant had certainly never contemplated such a contingency, or, as was demonstrated by his letters, he would never have proceeded with the work—a work of extreme delicacy, carried out with great care and efficiency, to meet and satisfy the fastidious taste of a connoisseur, a rich man, a man of property. He felt strongly on this point, and feeling strongly he used, perhaps, rather strong words when he said that this action was of a most unjustifiable, unexpected, indeed—unprecedented character. If his Lordship had had the opportunity that he himself had made it his duty to take, to go over this very fine house and see the great delicacy and beauty of the decorations executed by his client—an artist in his most honourable profession—he felt convinced that not for one moment would his Lordship tolerate this, he would use no stronger word than daring attempt to evade legitimate responsibility.

Taking the text of Soames' letters, he lightly touched on 'Boileau v. The Blasted Cement Company, Limited.' “It is doubtful,” he said, “what that authority has decided; in any case I would submit that it is just as much in my favour as in my friend's.” He then argued the 'nice point' closely. With all due deference he submitted that Mr. Forsyte's expression nullified itself. His client not being a rich man, the matter was a serious one for him; he was a very talented architect, whose professional reputation was undoubtedly somewhat at stake. He concluded with a perhaps too personal appeal to the Judge, as a lover of the arts, to show himself the protector of artists, from what was occasionally—he said occasionally—the too iron hand of capital. “What,” he said, “will be the position of the artistic professions, if men of property like this Mr. Forsyte refuse, and are allowed to refuse, to carry out the obligations of the commissions which they have given.” He would now call his client, in case he should at the last moment have found himself able to be present.

The name Philip Baynes Bosinney was called three times by the Ushers, and the sound of the calling echoed with strange melancholy throughout the Court and Galleries.

The crying of this name, to which no answer was returned, had upon James a curious effect: it was like calling for your lost dog about the streets. And the creepy feeling that it gave him, of a man missing, grated on his sense of comfort and security-on his cosiness. Though he could not have said why, it made him feel uneasy.

He looked now at the clock—a quarter to three! It would be all over in a quarter of an hour. Where could the young fellow be?

It was only when Mr. Justice Bentham delivered judgment that he got over the turn he had received.

Behind the wooden erection, by which he was fenced from more ordinary mortals, the learned Judge leaned forward. The electric light, just turned on above his head, fell on his face, and mellowed it to an orange hue beneath the snowy crown of his wig; the amplitude of his robes grew before the eye; his whole figure, facing the comparative dusk of the Court, radiated like some majestic and sacred body. He cleared his throat, took a sip of water, broke the nib of a quill against the desk, and, folding his bony hands before him, began.

To James he suddenly loomed much larger than he had ever thought Bentham would loom. It was the majesty of the law; and a person endowed with a nature far less matter-of-fact than that of James might have been excused for failing to pierce this halo, and disinter therefrom the somewhat ordinary Forsyte, who walked and talked in every-day life under the name of Sir Walter Bentham.

He delivered judgment in the following words:

“The facts in this case are not in dispute. On May 15 last the defendant wrote to the plaintiff, requesting to be allowed to withdraw from his professional position in regard to the decoration of the plaintiff's house, unless he were given 'a free hand.' The plaintiff, on May 17, wrote back as follows: 'In giving you, in accordance with your request, this free hand, I wish you to clearly understand that the total cost of the house as handed over to me completely decorated, inclusive of your fee (as arranged between us) must not exceed twelve thousand pounds.' To this letter the defendant replied on May 18: 'If you think that in such a delicate matter as decoration I can bind myself to the exact pound, I am afraid you are mistaken.' On May 19 the plaintiff wrote as follows: 'I did not mean to say that if you should exceed the sum named in my letter to you by ten or twenty or even fifty pounds there would be any difficulty between us. You have a free hand in the terms of this correspondence, and I hope you will see your way to completing the decorations.' On May 20 the defendant replied thus shortly: 'Very well.'

“In completing these decorations, the defendant incurred liabilities and expenses which brought the total cost of this house up to the sum of twelve thousand four hundred pounds, all of which expenditure has been defrayed by the plaintiff. This action has been brought by the plaintiff to recover from the defendant the sum of three hundred and fifty pounds expended by him in excess of a sum of twelve thousand and fifty pounds, alleged by the plaintiff to have been fixed by this correspondence as the maximum sum that the defendant had authority to expend.

“The question for me to decide is whether or no the defendant is liable to refund to the plaintiff this sum. In my judgment he is so liable.

“What in effect the plaintiff has said is this 'I give you a free hand to complete these decorations, provided that you keep within a total cost to me of twelve thousand pounds. If you exceed that sum by as much as fifty pounds, I will not hold you responsible; beyond that point you are no agent of mine, and I shall repudiate liability.' It is not quite clear to me whether, had the plaintiff in fact repudiated liability under his agent's contracts, he would, under all the circumstances, have been successful in so doing; but he has not adopted this course. He has accepted liability, and fallen back upon his rights against the defendant under the terms of the latter's engagement.

“In my judgment the plaintiff is entitled to recover this sum from the defendant.

“It has been sought, on behalf of the defendant, to show that no limit of expenditure was fixed or intended to be fixed by this correspondence. If this were so, I can find no reason for the plaintiff's importation into the correspondence of the figures of twelve thousand pounds and subsequently of fifty pounds. The defendant's contention would render these figures meaningless. It is manifest to me that by his letter of May 20 he assented to a very clear proposition, by the terms of which he must be held to be bound.

“For these reasons there will be judgment for the plaintiff for the amount claimed with costs.”

James sighed, and stooping, picked up his umbrella which had fallen with a rattle at the words 'importation into this correspondence.'

Untangling his legs, he rapidly left the Court; without waiting for his son, he snapped up a hansom cab (it was a clear, grey afternoon) and drove straight to Timothy's where he found Swithin; and to him, Mrs. Septimus Small, and Aunt Hester, he recounted the whole proceedings, eating two muffins not altogether in the intervals of speech.

“Soames did very well,” he ended; “he's got his head screwed on the right way. This won't please Jolyon. It's a bad business for that young Bosinney; he'll go bankrupt, I shouldn't wonder,” and then after a long pause, during which he had stared disquietly into the fire, he added:

“He wasn't there—now why?”

There was a sound of footsteps. The figure of a thick-set man, with the ruddy brown face of robust health, was seen in the back drawing-room. The forefinger of his upraised hand was outlined against the black of his frock coat. He spoke in a grudging voice.

“Well, James,” he said, “I can't—I can't stop,” and turning round, he walked out.

It was Timothy.

James rose from his chair. “There!” he said, “there! I knew there was something wro....” He checked himself, and was silent, staring before him, as though he had seen a portent.

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