Peck and Dunlop V. Lambert;
to the assertion that the carrier was the agent, the goods were
accepted, the property had "passed." This "passing" of the property was
evidently a strong point; the plaintiff's name itself was not much
oftener on the speaker's lips. "The absconding driver, me Lud, was a
personal friend of the defendant's. Mr. Bolliver never knew him; hence
could not engage him. Had this person not been thrust upon him, Mr.
Bolliver would have employed the same carrier as on a previous
occasion." And so on and on.
Mahony listened hand at ear, that organ not being keyed up to the
mutterings and mumblings of justice. And for all the dullness of the
subject-matter and counsel's lack of eloquence his interest did not
flag. It was the first time he heard the case for the other side stated
plainly; and he was dismayed to find how convincing it was. Put thus, it
must surely gain over every honest, straight-thinking man. In
comparison, the points Ocock was going to advance shrank to mere legal
quibbles and hair-splitting evasions.
Then the plaintiff himself went into the witness-box--and Mahony's
feelings became involved as well. This his adversary!--this poor old
mangy greybeard, who stood blinking a pair of rheumy eyes and weakly
smiling. One did not pit oneself against such human flotsam. Drunkard
was stamped on every inch of the man, but this morning, in odd exception
to the well-primed crew around him, he was sober--bewilderedly sober--
and his shabby clothing was brushed, his frayed collar clean.
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