The Vanishing Man

"And you?"

"I suppose I shall oppose the application, though I don't quite know on what grounds."

"Before you take any definite steps," said Thorndyke, "you ought to give the matter very careful consideration. I take it that you have very little doubt that your brother is dead. And if he is dead, any benefit that you may receive under the will must be conditional on the previous assumption or proof of death. But perhaps you have taken advice?"

"No, I have not. As our friend the Doctor has probably told you, my means--or rather, the lack of them--do not admit of my getting professional advice. Hence my delicacy about discussing the case with you."

"Then do you propose to conduct your case in person?"

"Yes; if it is necessary for me to appear in Court, as I suppose it will be, if I oppose the application."

Thorndyke reflected for a few moments, and then said gravely: "You had much better not appear in person to conduct your case, Mr. Bellingham, for several reasons. To begin with, Mr. Hurst is sure to be represented by a capable counsel, and you will find yourself quite unable to meet the sudden exigencies of a contest in Court. You will be out-manoeuvred. Then there is the judge to be considered."

"But surely one can rely on the judge dealing fairly with a man who is unable to afford a solicitor and counsel?"

"Undoubtedly, as a rule, a judge will give an unrepresented litigant every assistance and consideration. English judges in general are high-minded men with a deep sense of their great responsibilities. But you cannot afford to take any chances. You must consider the exceptions. A judge has been a counsel, and he may carry to the bench some of the professional prejudices of the bar. Indeed, if you consider the absurd licence permitted to counsel in their treatment of witnesses, and the hostile attitude adopted by some judges towards medical and other scientific men who have to give their evidence, you will see that the judicial mind is not always quite as judicial as one would wish, especially when the privileges and immunities of the profession are concerned. Now, your appearance in person to conduct your case must, unavoidably, cause some inconvenience to the Court. Your ignorance of procedure and legal details must occasion some delay; and if the judge should happen to be an irritable man he might resent the inconvenience and delay. I don't say that that would affect his decision--I don't think it would--but I am sure that it would be wise to avoid giving offence to the judge. And, above all, it is most desirable to be able to detect and reply to any manoeuvres on the part of the opposing counsel, which you certainly would not be able to do."