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A GUIDE TO WRITING ESSAYS AND
FIFTH ANSWERING PROBLEM QUESTIONS
EDITION
FIFTH EDITION
Legal Writing Skills
A Guide to Writing
Essays and Answering
Problem Questions
Fifth Edition
Steve Foster
Principal Lecturer in Law
Coventry Law School
Copyright © 2019. Pearson Education Canada. All rights reserved.
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Legal Writing Skills
A Guide to Writing Essays
and Answering Problem Questions
Copyright © 2019. Pearson Education Canada. All rights reserved.
At Pearson, we have a simple mission: to help people
make more of their lives through learning.
978-1-292-25110-3 (PDF)
978-1-292-25111-0 (ePub)
British Library Cataloguing-in-Publication Data
A catalogue record for the print edition is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Foster, Steve, 1955- author.
Title: Legal writing skills / Dr. Steve Foster, principal lecturer in law
Coventry Law School, Coventry University.
Other titles: How to write better law essays
Description: Fifth edition. | Harlow, England; New York : Pearson, 2019. |
Includes bibliographical references and index.
Identifiers: LCCN 2018042710| ISBN 9781292251097 (print : alk. paper) |
ISBN 9781292251103 (PDF : alk. paper) | ISBN 9781292251110 (ePub : alk. paper)
Subjects: LCSH: Legal composition. | Exposition (Rhetoric) | Law
examinations—England—Study guides. | LCGFT: Study guides
Classification: LCC KD404 .F67 2018 | DDC 808.06/634—dc23
LC record available at https://urldefense.proofpoint.com/v2/url?u=https-3A__lccn.loc.gov_2018042710&
d=DwIFAg&c=0YLnzTkWOdJlub_y7qAx8Q&r=Q1huLr_hf N5hBmNklTyEbqNkqKPJUy4ujVI9zNDFI
LM&m=jbbAu2BADSI6-BeJ_6Os8av3clBz3AmpUIfxPzpyabw&s=GVsYVmujy7gIJiCwQYVg6rTCOQRy
ynvXFgsJglt0fU0&e=
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Print edition typeset in 10/13 pt Janson MT Pro by Pearson CSC
Print edition printed and bound in Malaysia
NOTE THAT ANY PAGE CROSS REFERENCES REFER TO THE PRINT EDITION
Copyright © 2019. Pearson Education Canada. All rights reserved.
Acknowledgements xi
Preface xiii
Introduction: How to use this book xvii
Publisher’s Acknowledgements
Text Credit(s):
120 Lord Parker: Partridge v Crittenden [1968] 1 WLR 1204, Lord Parker
172 Shanna Cannon: Morning Register from Eugene, Oregon, May 8, 1903,
Shanna Cannon 232 Lord Bingham: Lord Bingham 252 Crown copyright:
Human Rights Act 1998 c. 42 Legislation Section 3 303 Grandchester
County Council: Grandchester County Council.
Copyright © 2019. Pearson Education Canada. All rights reserved.
Copyright © 2019. Pearson Education Canada. All rights reserved.
Preface
Many students find the transition between A level and undergraduate study
quite daunting. Good marks, even passes, are no longer guaranteed simply by
learning and mentioning all the relevant points. They are now expected to
write with greater clarity and precision, to employ sounder grammatical and
writing skills, to research and refer to a variety of primary and secondary
sources and to be critical and analytical in their work. Furthermore, as law
undergraduates, students are expected to write with an air of legal profession-
alism, to support their arguments with legal authority and to employ solid
referencing and citation skills. In practice, it is these aspects of undergraduate
study that pose the greatest test to students, and I have received consistent
feedback from lecturers on this: ‘students find it difficult to write clearly,
access appropriate sources, reference properly, dissect and answer the question
and take a logical and critical approach to their answers.’ There is also increas-
ing pressure on students to achieve higher marks in their undergraduate
assessments – and their overall degree – and the acquisition of the above skills
is essential if that is to happen.
The main aim of this book is to identify good research and writing skills,
Copyright © 2019. Pearson Education Canada. All rights reserved.
how to conduct effective research and employ legal reasoning and critical
thinking; how to cite and use legal authorities; how to avoid plagiarism; how
to explain and apply legal principles and materials; and how to compile proper
and appropriate bibliographies. With respect to plagiarism, the book stresses
the benefits of employing proper referencing, and the rewards that students
can obtain from good practice in this area. The text now adopts the full and
new OSCOLA style of referencing; a slight variant on the style adopted in the
previous editions.
The text is aimed at all levels of students, primarily those on undergraduate
courses, joint law courses (e.g., Law and Business, Law and Economics, Law
and Politics), professional courses such as GLD and ILEX, but also those
studying A level and GSCE law. In addition, postgraduate law students, par-
ticularly those whose first degree is not in law and who will need some assis-
tance in preparing and writing law assessments, may also use the text.
Since the publication of the first edition of the text, I have had time to
reflect on the content of the original in the light of both my teaching practice
and the suggestions of students and staff at Coventry and other academics and
students who have provided useful and constructive feedback and criticism.
Accordingly some changes and additions have been made to both the second,
third and fourth editions and the present fifth edition. As with the fourth
edition, the book is now divided into four parts, consisting of nine manageable
chapters so as to make the information more digestible and easy to follow;
although the order of the chapters has changed slightly to accommodate a
Copyright © 2019. Pearson Education Canada. All rights reserved.
improve the previous edition of the text. Special thanks go Owen Knight, who
has helped me through all four editions of the text to the present Pearson
team, and to Angela, who allowed me to reproduce some of her postgraduate
coursework. The book is dedicated to our three children – Tom, Ben and
Ella – and to my late brother, Roy.
Steve Foster
Copyright © 2019. Pearson Education Canada. All rights reserved.
Copyright © 2019. Pearson Education Canada. All rights reserved.
Introduction:
How to use this book
This book is intended to assist with your law studies, particularly in relation
to the research, planning and presentation of your assessments. Each part of
the text covers separate, although often interlinking, skills and should be con-
sulted at appropriate stages of your course. The book needs to be consulted
regularly: do not just read it – or one of its chapters – once and then hope that
the advice sticks. In particular, the rules about legal referencing and citation
are many and complex and you will need to revisit Chapter 7 on numerous
occasions.
Part 1 of the text on general essay technique and presentational skills will
help you come to terms with the sort of skills you need to display when under-
taking an undergraduate course and when writing assignments for such
courses. This part, consisting of Chapters 1 and 2, should, therefore, be read
as soon as possible into your course because the content will help you reflect
on the expectations of a law course and of your teachers. It will also help you
Copyright © 2019. Pearson Education Canada. All rights reserved.
identify any particular weakness or concern that you might have at this early
stage of your study. Note, some aspects – such as research, critical thinking
and legal reasoning will be dealt with in detail in subsequent chapters
Part 2 of the text (Chapters 3, 4 and 5) provide, respectively, detailed
advice on critical thinking and employing legal logic in assessments so as to
obtain higher marks, good and bad technique in writing assessments, and the
technique required for answering problem questions. In particular:
Chapter 3 highlights good practice in terms of employing appropriate
sources and in using critical thinking and legal logic to get better marks.
Chapter 4 gives examples of good and bad essays and offers specific guid-
ance on how – and how not – to answer questions, highlighting common mis-
takes made by students and providing examples of poor and inappropriate
presentation.
Chapter 5 deals with the technique required for answering problem ques-
tions, which you may receive at an early stage via seminar questions in sub-
jects such as contract law, and which are often given as coursework and
examination questions. Consult this chapter immediately after digesting the
Introduction: How to use this book
1
writing law
assignments
Preparing and
Part 1 Preparing and writing law assignments
This part of the text addresses basic essay writing skills, including how to
prepare and present law assignments. It begins by addressing basic but impor-
tant matters such as time management, engaging with the legal area, the mod-
ule and the module leader, and ensuring that the work that you have been
asked to submit reflects the skills expected of you and represents your best
work. Specifically, Part 1 gives advice on and covers the following matters:
NOTE
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Many students find it difficult to make the transition between A level (and
other sub-degree courses) and undergraduate study. In particular they find
that different and more enhanced skills are needed for the preparation and
writing of assessments.
• You may be writing academic essays for the first time, or you may have not
written essays of any substantial length (essays on undergraduate courses
range from 1,250 words to 4,000 words, with 1,500 to 2,000 words being the
norm).
• You may have little or no experience in answering problem questions and
applying legal principles to hypothetical scenarios.
• You will need to employ sound essay writing skills including good gram-
mar and spelling, and will be expected to follow strict rules on citation and
referencing of sources and the avoidance of plagiarism. Take advantage of
any guidance the university and law school provide to you with respect to
writing style, referencing and presentation of work (such as house style
guides).
Part 1 Preparing and writing law assignments
NOTE
The above point comes as a shock to many students, who expect the
lecturer to guide them to a good or perfect answer through a series
of submitted and returned drafts. Although there will be plenty of
help available, the undergraduate student is expected to work out the
answer and their approach to it for themselves.
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NOTE
Many students complain that they got a lower mark than their fellow
students, even though they included the same sources and raised the
same issues. Simply including the same sources and raising the same
issues as other students on a sub-degree course will probably ensure
a pass or good pass, but not on your undergraduate law programme.
You will need to show an understanding of the material and clearly
explain the source and information in the context of the question.
Here are some of those complaints (gathered from staff at the author’s univer-
sity and from staff at other law schools who reviewed this text):
• Students do not answer the set question; instead they answer the question
they set themselves.
• Students do not plan their answers and do not think about what they are
going to say next.
• Students do not structure their answers and fail to deal with the issues
logically and in order.
• Students write in an inappropriate and casual style, not suitable for the
submission of law answers: ‘I think Frank might have a good chance of
winning his case,’ rather than ‘Given the existing case law in this area, the
possibility of Frank succeeding in his action appears strong.’
Part 1 Preparing and writing law assignments
• Students do not check their work thoroughly for spelling and typographical
errors and for poor grammar before submission. Some sentences do not
make sense and need rephrasing before submission.
• Students make lists of relevant points rather than writing in prose.
• Students do not cite cases or other legal sources properly, referring, for
example, to ‘the Carlill case’ or ‘it’s in the Theft Act that . . . ’
• Students do not understand and explain cases properly, and do not, or can-
not, highlight the significance of the case. Instead they cite cases for the
sake of it, regardless of whether it is relevant to the point they are making
or the facts they are applying it to.
• Students do not reference their work properly and are often guilty of pla-
giarism, whether they intended to cheat or not.
• Students do not include a bibliography, or cannot construct their bibliog-
raphy in an appropriate manner.
This and subsequent chapters address these issues, giving advice on how, and
how not, to present your work and how to avoid these criticisms, and thus how
to get the best possible marks.
NOTE
Most of the following advice applies to writing assessments in
Copyright © 2018. Pearson Education Limited. All rights reserved.
expect you to display these basic skills. This chapter highlights the disadvan-
tages of ignoring these rules: you will lose marks if you do not follow them.
Time management
You will have been have been warned throughout your school and college life
not to leave the research and presentation of your assessment until the last
minute. Such advice is still (and particularly) relevant to your undergraduate
and postgraduate studies, as is advice on basic time management.
Time is very often the main reason why students fail to follow the
basic rules of good practice and why they fail to produce good, or even
acceptable work: ‘I started the planning and research late; when I got
to the library the books were gone; I couldn’t get hold of my friend in
time to get a copy of the coursework instructions; there was no time
to revise the work and proof-read as the work needed to be in.’
Provided you have done the necessary research, planned your answer and
written out an appropriate draft, it is acceptable to write it up shortly before you
Copyright © 2018. Pearson Education Limited. All rights reserved.
submit it – this not only reflects human nature, but also allows you to modify
your answer in line with information acquired since you started your original
research. This approach is subject to one important proviso – always leave your-
self enough time to check over your work and to account for things such as com-
puter failure; few courses accept this as a reason for handing in late. Never hand
in your first or second draft; always submit your final, completed work.
Your lecturers expect you to have learnt the information and skills that
they have taken time teaching you – nothing is more infuriating to them than
when a student ignores the advice and information that they have presented
in lectures and seminars – for example, when a student omits a recent case or
other development that the lecturer has drawn the their attention to.
The staff teaching you will normally set and mark your work. Show them
that you have attended and listened to their classes and that you have appreci-
ated, even enjoyed, what you have been taught and what you have managed to
discover by your research. All these efforts will be rewarded by the lecturer, who
will recognise that you have made an effort to engage with the subject, to con-
duct thorough research, and to take care with the presentation of your work.
purpose of lectures and seminars is to highlight the main issues of the law and
its difficulties, and the module leader is trying to help you with these matters.
Irregular attendance often leads to gaps in your knowledge and appreciation
and thus makes the assessment task more difficult.
Do not make a mistake in an assessment that the module leader has warned
you about, or miss something that they have given to you; that will give the
impression that you have not attended or listened.
provide a good indication of how that subject has been approached and
taught and can usefully complement your textbooks in giving you a clear
overview of the subject. It is essential, therefore, that you make the most of
this resource and realise its potential (and limits) in the learning and assess-
ment process.
• Do not stop listening and note-taking when the lecturer is talking generally
or analysing the law. Many students religiously write down the facts of
cases, but then switch off the moment s/he says, ‘Now let’s think about that
case for a moment . . . ’ Remember, you can get the facts of cases etc. from
the text; it is the lecturer’s structure of and views of the law that are most
important and which should be noted.
• Revise your notes and fill in any gaps shortly after the lecture has finished,
and do this on a regular basis. You can do this generally by consulting your
texts and cases and materials texts, but often you might need to go to the
primary source (e.g. a law report) to complete your notes. Do not leave this
until revision as you will struggle to remember what ‘check this in the book’
meant when it was noted months ago.
• Lecture notes are not an authority in themselves and must never be cited
as such in your coursework or in your bibliography. They can, however, be
a useful companion when researching other primary and secondary
sources.
• If the topic has been taught in lectures then consult your notes to see what
has been covered and what approach the lecturer has taken to the topic.
Read the relevant part of the textbook and other sources in conjunction
with your notes. They should complement each other; you can look for the
relevant section in the book that your notes cover, and you can use the
points made in lectures to clarify things in the text.
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• Take note of any new cases or developments that have been mentioned in
the lectures, but which may not be covered in the text. Do not use your
notes as a substitute for texts and other sources, however full your notes
are. In particular, do not use your notes as a source of cases or other pri-
mary sources; go to a fuller source to get the details of cases etc.
NOTE
Essay writing skills are related to other study skills – organising your
studies, attending and making the most of lectures, effective note-
taking, and seminar preparation. Assessments are really hard work
if you do not take an interest in and keep up to date with the subject.
Chapter 1 Writing law assessments on undergraduate courses
(the lecturer may have given you a reading list, in which case obtain the texts
and read the relevant information as soon as possible). In any case, you need
to ensure that you fully understand the area. Conducting research and dis-
cussing the area with fellow students will help you achieve this, but expect
the research and learning process to be more demanding.
• Lecturers gives their views on things such as the importance of a case, why
it was decided in that way, whether a case was correctly decided, or why an
Act of Parliament was passed or amended.
• They give their views on the morality of the law – this also gives you a good
indication of whether, and the extent to which, the lecturer is asking for a
‘black letter’ or critical/analytical approach to the question.
• The lecture on a particular topic may follow a pattern similar to the one
required to answer the question, or at least cover the most essential cases and
principles. In other words, the lecturer shows you how the subject ‘fits together’.
• They can explain difficult concepts and legal issues that are required to
answer the question. For example, if the question asks, ‘To what extent is
the British Constitution consistent with constitutionalism?’ the lecturer
may be able to explain what constitutionalism is and may give examples of
the British Constitution, which can be used in answering the question.
• The lecturing staff want you to answer the question and to do well; they are
not out to trick you or make you fail. Work with them to get the best marks.
assessments, including what books, articles and other legal materials to use, and
the process of researching legal materials. For present purposes here is some basic
advice on how to research your assessments, including the timing of your research.
• Examine the title as soon as possible after distribution and find out whether
it is on an area covered, or to be covered, on the course (see earlier under
‘What should I do when I get an assignment?’).
• Read the question carefully to identify its scope, and thus the scope of your
research.
Part 1 Preparing and writing law assignments
EXAMPLE
You are set the question: ‘What is the difference between law, rules of law
and the rule of law?’
That question requires some thought and before you begin your
research you at least need to be familiar with those terms and con-
cepts. If you leave that until later then it is likely that your research
and your answer will become confused, as you will begin to panic
that you do not understand the concepts and thus what the question
is after. (Note: we will re-visit this question in Chapter 2.)
• If the area has been covered on the course, ensure that you have all the
handouts and lecture or seminar notes on the area. If you haven’t, chase
them up immediately.
• If the area is to be covered in lectures and seminars, ensure that you attend
and prepare for those sessions and listen carefully to the lecturer for any
hints and guidance (see earlier). If the area is not to be covered on the
course, or will not be covered before submission, get to know the area as
quickly as possible, and ensure that you have a basic understanding of that
area before conducting further, more detailed research.
• Consult any recommended reading given by the lecturer, and carefully
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read and digest any advice given by the lecturer on the coursework instruc-
tions. In most cases (apart from specialist areas not covered in general texts,
or where the assessment is in the form of a case study), you should begin
by locating the relevant chapters in your textbooks (and cases and materials
texts). This provides a foundation on which to research further material
• Textbooks provide some additional reading in a specific area (either in
footnotes or in reading lists and bibliographies), and this is a useful starting
point for locating further secondary sources. Cases and materials texts pro-
vide you with an excellent range of secondary (and primary) sources in the
legal area, although you still may have to locate and read the full text of
some of those materials.
• You should undertake searches on law websites and library catalogues to
locate further sources and any new sources since the publication of the texts
(see Chapter 6 for detailed advice on this). Use appropriate websites to
locate any new cases or statutory developments, and check whether they
Chapter 1 Writing law assessments on undergraduate courses
conflict with your texts and initial research (again, see Chapter 6 for
detailed advice on this).
• Textbooks normally refer you to the primary sources necessary to answer
the question. Identify which ones are particularly relevant, and whether you
will need to access the source itself. If so, print off or photocopy those
materials.
• Keep on the lookout for any developments during the period of research
and writing up – you will impress the lecturer if you can incorporate new
cases, developments or debates into your answer.
• Ensure that all your research relates to the question and is relevant to
answering that question – do not just collect everything on constitutional
law/contract/tort. You will locate a large amount of sources, and you need
to check them for relevance before printing them off or photocopying them.
Websites often provide useful abstracts of articles and books to assist you
in this respect. It helps if you are conversant with the legal area, which
allows you to identify whether a book, article or case is relevant; in other
words, make sure that you know what you are looking for.
You should now be ready to begin writing out your work and including all
your research in it. Sometimes you will need to discard material (either
because you discover it is irrelevant or because of lack of space), and on other
occasions you will need to undertake further research.
If it is time to undertake an assessment, read the above advice and
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WORD-PROCESSED WORK
You will be expected to word-process all your coursework assessments. Untidy
and careless work does not create a good impression and is penalised, particu-
larly when submitting undergraduate and postgraduate projects (see
Chapter 9).
Although this section of the book will not provide detailed guidance, it will
highlight some of the basic rules of grammar, punctuation and sentence con-
struction. A common complaint of many module leaders on undergraduate
programmes relates to the quality of the students’ grammar, punctuation and
spelling. Undergraduate assessments will test your proficiency in basic gram-
mar and it is absolutely essential that you are able to adopt a sound, clear and
appropriate writing style (see below).
Students who have not acquired the basic rules of grammar, punctuation
and sentence construction before they come to university will find that their
work will be heavily criticised and they will lose marks as a result.
Some allowance will be made if English is not your first language, but you
need to practise and acquire a sound writing style early on in your course.
• Ensure that you know the components of a sentence (nouns, verbs, adverbs,
adjectives, etc.), and that your sentences are thus complete and make sense.
Chapter 2 Presentation of law assessments
EXAMPLE
‘In R v Smith the judge clarified the requirements of the offence of
murder.’
• Ensure that your sentences flow and that your statements are related.
EXAMPLE
• ‘The claimant could not show that s/he was induced by the mis-
representation. Which is why s/he failed in his/her action.’
The second sentence does not survive on its own and should be
connected to the first sentence: ‘. . . misrepresentation, which is
why s/he failed in his/her action.’ Alternatively, leave the first
sentence and then start a new sentence: ‘As a consequence the
claimant failed in his/her action.’
• ‘The judge held that the claimant had failed to establish all the
elements of the tort of negligence. The judge held that the claimant
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had failed to establish that the defendant had broken a duty of care.’
These two sentences look odd because they are related and need
to be connected. Thus, you should write: ‘The judge held that the
claimant had failed to establish all the elements of negligence
because s/he had failed to establish that the defendant had broken
his/her duty of care.’
• ‘The judge at first instance held that the advertisement was not
an offer, in any case the customer had not accepted the terms of
the advert, and there had not been any consideration shown by
the customer.’
first instance held that the advertisement was not an offer. Fur-
ther, s/he held that in any case the customer had not accepted the
terms of the advert. Finally, s/he held that there had not been any
consideration shown by the customer.’
EXAMPLE
The British constitution is largely un-codified; it is a feature of a
constitution that . . . ’
EXAMPLE
Use a comma to break up a sentence: ‘The judge dismissed the
action, finding that no contractual offer had been made to the
claimant.’
Use a colon when you want to list a number of points: ‘The judge
listed the requirements of any valid interference with a human right:
that the restriction is prescribed by law; that it pursues a legitimate
aim; and that it is necessary and proportionate.’
EXAMPLE
‘In his judgment the judge notes that the advert was not an offer’
(use ‘noted’ because you are referring to a judgment [note the
spelling: ‘judgment’ not ‘judgement’] that has already been given;
you are not commentating on the judgment as it is being given).
‘The matter was referred to the Court of Appeal and they decided in
favour of the respondent’ (use ‘it’ not ‘they’ as ‘it’ is one court, albeit
with three judges).
• Ensure that you learn the rules relating to the use of apostrophes. Misuse of
apostrophes is common among students and causes irritation to markers.
EXAMPLE
An apostrophe can be used to denote that something belongs to
something or somebody: ‘the court’s procedure’ (or ‘the courts’ pro-
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You do not normally contract full words, for example do not use
‘can’t’ for ‘cannot’.
EXAMPLE
Commonly misused by students are: ‘their’ (belonging to them) and
‘there’ (referring to a place); ‘were’ (‘their Lordships were [not
“where”] in agreement’) and ‘where’ (‘. . . where [not “were”] the
parties made the agreement’).
EXAMPLE A
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I think it’s a bit of a nerve that celebrities like Niomi cambell and Max
Moseley can bring privacy actions against the press. Because if they
are well known then they should expect to have no privacy especially
if they take drugs and have themselves filmed at sex orgies.
EXAMPLE B
Recent actions brought by celebrities against the British press to safe-
guard their private and family lives raise the question whether such
individuals have the right to privacy and whether press freedom can
and should outweigh such a right? Although the law must attain a
balance between these competing claims, it will be argued that in an
effective and fair democracy press freedom should, at least in the
majority of cases, outweigh celebrity privacy.
NOTE
You need to practise your writing skills. As a starting point, read
sources that provide good practice in this respect (see the tips below).
Ultimately you must adopt your own, good, style so that you can
write assessments with confidence.
Part 1 Preparing and writing law assignments
of grammar begin to rub off on you and using proper grammar and spelling
becomes second nature.
• Read quality newspapers every day; they provide you with a clear and
informed style as well as useful legal and political articles.
• Read quality undergraduate textbooks and journals to learn how good legal
writers express themselves: you will not get on with all of them, so look for
a style which is both impressive and readable.
• Read novels and other books as regularly as you can. These can be of any
style you prefer and do not have to be particularly ‘highbrow’ as long as the
author writes well and appropriately.
• When you are reading the above materials, take time to study the style of
writing, the sentence construction and the use of punctuation.
• Take notice of the spelling of certain words that you have always found
difficult, and look up words whose meaning you are unsure of.
Chapter 2 Presentation of law assessments
• Avoid using the casual style adopted on many internet sites and m
agazines –
this style may be an effective way in which to communicate quickly and
informally, but it is an inappropriate one to use on your course. Constant
reading of these sites and materials (as opposed to textbooks etc.) will
become ingrained in you and as a result you will write in that casual style
in your assessments.
STYLE
Some students have their work returned with comments such as, ‘You deal with
most of the legal issues, but your writing style and structure is poor, and your answer
unclear.’ This is very frustrating for students who feel that they should be
marked on their legal knowledge and not their proficiency in English and their
essay skills, but a good writing style is essential to clarity and to success in law
assessments.
You need to become confident when writing assessments and in adopting
your own writing style. You cannot rely solely on the words of authors.
Try practising these skills by setting yourself the task of explaining a legal
concept or case in your own words: for example, read the relevant pages in
your text on ‘offers and invitations to treat’ and then in no more than 100
words explain the difference.
Part 1 Preparing and writing law assignments
EXAMPLE
‘A legally binding contract requires agreement, consideration and an
intention to create legal relations.’
Learn and employ the basic rules of grammar and punctuation. Again, the
best way to acquire these skills is to read law texts and articles and other good,
simple prose. Do not adopt the informal style used when talking to friends and
fellow students. Let us look at some examples.
Casual language
Many students use casual phrases and present their work in an informal manner.
These lapses create a poor impression – that the student does not read legal mate-
rials and has not yet learned how to express him- or herself as a law student.
Formal law language may sound unusual (and a little pompous) at first, but
Copyright © 2018. Pearson Education Limited. All rights reserved.
EXAMPLE
Do not say: ‘I don’t think Billy has got a chance of winning this case
as he was drunk.’
Instead say: ‘Given that James was drunk and failed to see the sign
placed by the hole, it is unlikely that he will prove that the council
breached any duty of care owed towards him, as required by the
relevant case law [give case name and reference].’
Another random document with
no related content on Scribd:
they contained lengthy accounts of the Mid-Eastern affair, no
mention was made of the discovery of a dead man near the Drive.
Millard was bubbling with enthusiasm when they met.
“Come along!” he said gaily. “Shouldn’t be surprised if we heard
something about this Horton affair. You read of it, of course?”
Storm pondered. It was far from his intention to draw any
possible limelight on himself, yet if his companion ran into George
the latter would be sure to mention that Horton was an old friend of
them both, and Millard might think it strange that he had made no
reference to it.
“Yes.” He nodded carelessly. “Rather a shock, too. There was a
chap in our freshman class at college of that name. Holworthy thinks
it may be the same fellow, but I doubt it. We lost track of him years
ago, anyway.”
“They’ll get him,” Millard asserted with conviction. “He won’t get
far, even with that bank-roll. I tell you, I wouldn’t steal a pewter golf
cup—and that’s the nearest thing to temptation of that sort that I can
imagine—with that organization down here after me!”
At Headquarters, while Millard searched for the official who was
to be their guide, Storm gazed reflectively at the ornate brass plate
let into the wall on which were inscribed the names of the former
Chiefs and Commissioners. Each had held his own pet theories of
the detection of crime, each had had his widely published
successes, his obscure failures, and each of them in turn had
passed on and out of the office. He could have faced them all just as
he was about to face their successor, and he could have beaten
them at their own game! Surely no other man in the world with such
a secret as he carried would have had the supreme audacity to enter
this building on so innocent an errand and converse calmly with the
very men who would be hot upon his trail if they knew! It was
immense!
Millard returned with a secretary of the Commissioner, and they
were conducted through the small octagonal anteroom to the inner
sanctum of the great man himself. The latter greeted them with brisk
geniality, and during the brief talk which followed the introduction,
Storm studied him blandly. He was a comparatively young man, not
much older than Storm himself, with a pleasant, mildly intelligent
face and frank, terse manner. He might have been a mere broker or
bank official, courteous but pressed for time, Storm reflected
contemptuously; a business man in a political job! What had he to
fear from an organization with such a man at its head?
His eyes wandered to the tall glass cases which lined one wall.
The shelves were filled with a miscellaneous collection of small
objects; pistols and revolvers of every caliber and pattern, ugly
looking bludgeons and sawed-off lengths of lead pipe swathed in
frayed, stained cloth and various small phials half-filled with tablets
and liquids of ominous color. As Storm stared idly at the curious
collection, his eye was caught by a strangely incongruous object on
one of the lower shelves. It was a pale blue satin slipper, absurdly
small, inconsequentially gay and flippant among its grim neighbors,
lying on its side with the narrow sole and heel turned toward him as
though its wearer had kicked it carelessly aside. Then he saw that
imbedded in the heel was an odd sliver of steel like a coarse needle
on a strong, slender, curved wire, and he started involuntarily.
The Chatsworth case! Less than a year before, the city had
resounded with the sensational death without apparent cause of the
beautiful Mrs. Chatsworth. Then that infinitesimal wound had been
discovered upon her heel, the subtle poison traced and the secret
spring in the slipper revealed. Storm remembered vaguely that the
Commissioner himself was said to have taken a hand in the work of
the Homicide Bureau, and that a timely suggestion of his had much
to do with the solution of the affair.
The insolently gay little slipper seemed all at once more sinister
than the grimmest of the weapons which flanked it, and Storm’s eyes
were still fastened upon it when he became aware that the
Commissioner was addressing him.
“It’s the wickedest of the lot, Mr. Storm, isn’t it? It looks strangely
out of place there at the first glance—just a bit of woman’s finery
among those crime relics; and yet it is the most deadly weapon of
them all.”
Storm turned to the other in surprise. Could he have uttered his
thoughts aloud?
“I—er, I didn’t——” he began, but the Commissioner smiled.
“It was a simple matter to follow your trend of thought, Mr. Storm.
You were surprised at seeing such a thing there, naturally; then you
noticed the needle on the spring and recalled the case which put the
dainty, innocent little slipper in a different light to you. It was an
extraordinary case, too much so for the ingenious gentleman who
conceived it to have hoped for success. Its bizarre, unusual features
rendered it all the more simple to solve. The casual, unpremeditated
cases are the ones which give us the most trouble because as a rule
they leave fewer clues. The man who plans a crime most carefully is
bound to over-reach himself in some particular, but the one who
picks up a weapon lying innocently or accidentally to his hand,
strikes with it and lays it down again, is the man who gives us the
longest run.”
Storm could feel the blood ebbing from his face. Could this
genial, smiling person be reading his mind, probing to the depths of
the secret he guarded; or was he merely voicing his own favorite
theory? At any rate, Storm realized that his previously formed
opinion of the Commissioner was undergoing a swift reversal.
He murmured a polite phrase or two of interest, and the
Commissioner said:
“I wish I had time to tell you the history of even a few of the things
there, for each is a relic of some case celebrated in the annals of the
Department. However, I suppose you gentlemen would like to have a
look at the Homicide Bureau and the Bureau of Missing Persons;
they are usually the most interesting departments to outsiders. My
secretary will introduce you.”
He took leave of them with hearty cordiality, and once outside the
anteroom Storm smiled quietly to himself. The Commissioner’s
unique collection lacked two specimens which might have graced it:
a certain golf club known as a driver, and a cane with a wickedly
heavy head. But the Commissioner, astute as he was, would never
miss them! His theory was all very well in its way, Storm conceded,
but it did not go quite far enough. What of the man who did not over-
reach himself; the man who perfected his coup in advance and left
no clues whatever behind? All unconsciously the Commissioner had
been lauding Storm’s own achievements, and his sense of elation
heightened.
“Nothing doing in the Homicide Bureau this afternoon that would
interest you, I am afraid,” the secretary announced. “We’ll try the
Bureau of Missing Persons; there is usually something going on
there.”
He led them down the wide stairs and along the echoing corridor
to a door at the left, and Storm saw a large room divided by a rail
and subdivided again at the end by partitions forming two smaller
offices. An older man with a delicate, high-bred, sensitive face came
forward, and as he was presented to the Captain, Storm watched the
latter’s quick changes of expression with something of the contempt
with which he had at first discounted the Commissioner’s frank,
genial manner. This man, he reflected, might have been a scholar or
priest; a father confessor, but surely not an analyst of human nature;
a pedant, not a person of quick decision and unerring action. Pah!
The Captain would be a mere tool in his hands; he could deceive
him, trick him, beat him at his own game as easily as he had tricked
the Greenlea officials and the simple-minded, guileless community
out there.
He had already beaten him! Storm smiled again at the thought.
The Captain must be combing the country now for a man whose
body had lain exposed more than thirty-six hours within the limits of
the city, and Storm alone knew where! One word from him would set
that quiet office in a furore! And this was the man who had located
the supposed Du Chainat on board the Alsace! Du Chainat must
have been more of a bungler than Storm had believed!
While the secretary was explaining the object of their visit, Millard
drew Storm through the opened door of one of the inner offices and
pointed out the swinging files of photographs which stood out from
the wall.
“Unidentified dead,” he remarked pompously with the assurance
of a privileged visitor. “Morgue cases and Potter’s Field, you know,
mostly derelicts. Dreadful looking lot, aren’t they?”
Storm shuddered in spite of himself. The relaxed faces leering
maudlinly or with jaw wide in a seeming snarl stared fixedly at him
with a look of supreme sophistication, and his own eyes dropped
before them. To his super-sensitized imagination they seemed to be
crying mutely in a silent chorus: “We know!” Jack Horton knew, also!
“Horrible!” Storm ejaculated in answer to his companion’s
comment. “Millard I believe you are an inherent ghoul! You’ve been
coming here gloating over these wretched things and regaling the
country club with a nice lot of cheery anecdotes, haven’t you? I’ll
wager half the members have taken to drink!”
Millard laughed and turned as the Captain entered.
“Not as bad as all that!” he disclaimed, adding to the official; “I
suppose you’re all working over time on that Horton case that the
papers were full of this morning; chap who disappeared with the
payroll of the Mid-Eastern coal people. My friend here knows him.”
“You do?” The voice which had greeted them so gently took on in
the instant a keen, knife-like edge, and the paternal, rather dreamy
eyes narrowed in swift focus like the lens of a camera. Storm felt
himself flush beneath the gaze, and he could have annihilated the
garrulous Millard.
“To be perfectly frank, sir, I don’t know.” His tone was disarmingly
candid. “When Mr. Millard spoke of the case I mentioned the fact that
there was a chap in my class at Elmhaven of that name. He only
stayed for one term and I shouldn’t know him now if I met him, I’m
afraid. That was twenty years ago.”
He smiled deprecatingly, but the steady glance of the Captain did
not waver. “You haven’t seen him since?”
“No.” Then, realizing the inevitable question to follow, he
volunteered: “The last I heard of our Jack Horton, and then most
indirectly, was that he held some sort of minor position in a bank in
Chicago. I’m inclined to doubt that this is the same fellow.”
The Captain’s face softened, and he said, with a swift return of
his old genial manner:
“Twenty years can change a man, Mr. Storm. It is the same Jack
Horton, I am afraid. We have his record and he attended college at
Elmhaven at the time you mention. But it is not certain that he
absconded, you know; if it were, the case would not be up to this
department. He is merely officially ‘missing’ as yet.”
“With a hundred thousand in cash!” Millard smirked. “Not much
danger of his having suffered an attack of aphasia, is there, Captain?
By Jove, if I had that much money about me, I might forget my own
name myself!”
The typewriters clicking behind the rail in the outer office ceased
all at once as the door leading to the corridor opened slowly, and a
girl appeared, hesitating on the threshold. She was an undeniably
pretty little girl despite the fact that her eyes were reddened and
swollen, but her light summer frock was oddly out of place in that
grim setting. She peered slowly about until her eyes caught the
Captain’s, and rested there.
“Is this,” she began in a high, strained voice, “is this the place
where they find people who have disappeared?”
“We try to.” The Captain’s tone had mellowed and a persuasive,
paternal note crept into it. “Tell me for whom you are looking.”
He seated himself at his desk, motioning her to a chair beside it,
and drew a blank form toward him. Millard was staring in goggle-
eyed interest, and Storm stared also, but from far different motives.
Where had he seen that pretty, piquant, slightly sullen face before?
As for the girl, she stood undecidedly, twisting the chain of her
platinum mesh bag between her hands.
At length she burst forth half-confidentially, half-shyly:
“For—for Mr. Horton! Oh, you must know who I mean! Mr. John
Horton, the paymaster of the Mid-Eastern Consolidated Coal
Corporation. The papers say this morning that he has disappeared,
but it cannot be true! I was told that if I came here——”
The girl in Horton’s watch case! Storm drew a sharp, quick breath
and did not need Millard’s nudge to rivet his attention. The girl! He
had not calculated upon her taking a possible hand in the game.
At a sign from Captain Nairn the stenographers had filed into the
second of the inner offices, and to all appearance he and his client
were alone.
“Who are you, my dear?” His fatherly tones showed no indication
of change or added interest.
The girl hesitated again.
“I’m just a—a friend, but I felt that I had to come to you. If Jack
has really disappeared, you know what terrible things will be said
about him soon, since he had all that money in his possession. If he
hasn’t returned to the colliery it is because something frightful must
have happened to him. He must have been set upon by thieves;
killed, or hurt and perhaps held prisoner somewhere! Oh, if you don’t
find him——!”
“Your name, please?” A note of sternness crept into the Captain’s
tones.
“I am Eugenia Saulsbury.” A little quick color came and went in
the girl’s cheeks, but she held her head proudly erect.
“You reside here in New York?”
“No. I am visiting an old friend of my mother, Mrs. Van Alen on
Madison Avenue, but I live with my father near Bethlehem in
Pennsylvania. He will be annoyed, I am afraid, that I have courted
publicity in coming to you like this, but he—he thought a great deal of
Jack, and I know he will back up any investigation to find him to the
limit of his resources.” She paused. “I—I have thought of hiring the
best private detectives I could find—I wired Daddy so—but I felt that
I simply had to come to you, too! I do not believe that Jack ever
reached the city.”
“Why not, Miss Saulsbury?” The stern note quickened to
imperative demand.
“Because if he had I am sure he would have made an attempt to
communicate with me.” She sank into a chair and fumbled in her bag
for her handkerchief, her eyes blinded by sudden tears. “He—I—you
see, we—we were very good friends! I know that he is honorable to
a fault, and something dreadful must have happened if he cannot be
found! You are the head of this bureau, are you not?”
“I am Captain Nairn,” the official nodded gravely. “Have you any
reason for thinking that he met with foul play other than the fact of
his disappearance, Miss Saulsbury? Do you know of any enemies
——?”
“A hundred thousand dollars in cash would invite the enmity of a
great many people if they knew it was in your possession, wouldn’t
it?” she observed, with unconscious cynicism. “Jack was always
armed when he had the company’s payroll in charge, but I warned
him that he was too confident, too sure of his ability to protect it. You
see, Captain Nairn, he would never believe any evil of anybody; that
was one of the strongest traits in his character. He has had some
narrow escapes before, but they were from rough characters down in
the mountains. If he took that train at Poughkeepsie, as they say, he
must be somewhere between there and here, and if he is not dead,
he is badly hurt and unable to communicate with his friends. Please,
please lose no time in finding him!”
“If what you think proves to be the case he will undoubtedly be
discovered,” the Captain began soothingly, but the girl interrupted,
wringing her hands.
“Every hour, every minute counts, not only if he is hurt physically,
but to save him from mental torture! If he is lying injured and helpless
somewhere and thinking that people may consider him dishonest, he
will be suffering more from that than from what may have been done
to him, and the thought is driving me mad! It would be better, almost,
to know the—the worst!”
The telephone shrilled once at the Captain’s elbow and he picked
up the receiver and listened. His face, which Storm had thought
mobile, had become a mere expressionless mask. The girl was
dabbing at her eyes, but her tears had ceased and her small chin
came out indomitably.
Captain Nairn uttered the one word “Right!” in reply to the
communication which had come to him, then hung up the receiver
and turned once more to his visitor. —
“Miss Saulsbury, no effort will be spared to find your friend, you
may be sure of that.”
“But you—you believe he hasn’t taken that money, don’t you?
You’ll find out if he has been hurt or imprisoned somewhere?” She
had taken his assurance as a dismissal and, rising, held out her
hand in appeal.
The Captain shook it gravely.
“We will do our best to find him, Miss Saulsbury, dead or alive.”
When she had withdrawn and the clicking of her small shoes
diminished in the corridor outside, Millard stepped forward.
“That was mighty interesting, Captain! Don’t mind our listening!
So that little lady was in love with Horton, eh? Saulsbury—from
Bethlehem! She must be the daughter of ‘Big Jim’ Saulsbury, of
International Steel! Do you think she was trying to—er, stall?”
“No.” The Captain shook his head. “Her motive was honest and
straightforward enough, I think. She made only one misstatement, or
attempt at evasion.”
“What was that?”
Storm drew closer to catch the reply.
“That she intended to put the case in the hands of private
detectives; she has already done so.—At eleven o’clock this
morning, to be exact. You see, gentlemen, her house has been
watched since midnight and she has been under surveillance every
moment. We could take no chances, and in cases of this sort we
look first for the woman!”
Chapter XIX.
Found
When, a few minutes later, they came down the steps of the
building, Millard was still descanting on the infallible methods of the
bureau they had just quitted; but Storm was silent, although in his
heart he gave grudging assent to the eulogy. They were thorough,
for a fact; he had not anticipated such extensive work on the part of
the police in so short a time. The alarm sent out at sundown from
Pennsylvania for the missing man, and by midnight his record known
and the house in which his sweetheart lived placed under
surveillance!
To Millard and himself as mere curious visitors no information had
been dropped, and he had an uneasy idea that the mental
reservation indicated by Captain Nairn’s attitude concealed a far
deeper knowledge of the case than had been given out to the press.
In the latter’s manner, especially when they shook hands at the
moment of departure, he felt that, had the Captain chosen to speak,
he might have learned something of vital importance to himself. Had
the bag been already discovered at the station, and was the porter’s
memory for faces more keen than he had judged? Were detectives
even now scouring the city for a man of his personal description?
“I’ll wager that telephone message had something to do with the
Horton affair,” Millard remarked suddenly. “Maybe he was caught
then!”
Storm roused himself from his meditations with a start.
“Why do you think that?”
“Well, you see, I’ve watched the Captain before,” replied Millard.
“You saw how quickly his expression could change when he wanted
it to. By Jove, that chap should have been an actor! He put me over
the jumps for a solid hour, I don’t mind telling you, when I went in to
explain about my acquaintance with Du Chainat, and although he did
it in a perfectly courteous, kid-glove manner I felt as limp as a rag
when I came out. His expression ran the gamut from bland
incredulity to direct accusation, and if I had had anything to confess
he would have broken me down absolutely. Those fellows at
Headquarters could force a confession from the cleverest crook in
Christendom!”
“And what has this to do with the telephone message to-day?”
Storm inquired in bored disgust at his companion’s garrulousness.
“Everything, my boy!” Millard retorted. “While he was talking to
Big Jim’s daughter just now and drawing her out, his face was alive
with expression, but after he had heard the first few words which
came to him over the ’phone he looked absolutely blank and
wooden. He got some information right then that he did not mean to
convey, or I am very much mistaken. I say, there was something
rather fine, wasn’t there, about that girl?”
“She was rather pretty,” Storm admitted, with a shrug.
“I don’t mean that!” exclaimed the other impatiently. “She was
gotten up like a circus queen! I mean her attitude, her loyalty toward
your friend Horton. Jolly white of her, I thought it!”
“Oh, when a woman is in love!” Storm sneered and added in cold
displeasure, “Don’t call Horton my friend, please. I doubt still that this
fellow is the one I knew at college.”
“But the Captain told you he was at Elmhaven——”
“After I had myself informed him that there was a chap of that
name there; don’t forget that, Millard. A mere play to the gallery.”
Storm laughed. “Captain Nairn is highly successful, I have no doubt,
in cases of lost children and runaway girls, but I must confess I see
no basis for your remarkable faith in the powers of the Department.
They’ve failed in other cases just as they will in this.”
“You wait and see!” Millard’s tone was distinctly ruffled. “I’ve
known the Commissioner’s secretary for years and I’m going to get
him to let me in on this case from the inside and watch how they
work it. I’ll bet you fifty dollars they get that man Horton!”
“And the hundred thousand?” Storm was still laughing, but there
was a reckless glint in his eyes.
“And the hundred thousand!” Millard repeated with emphasis.
“Any time limit?”
“Oh, well, if the fellow succeeds in getting out of the country——”
Millard hedged.
“Shall we say six months?—Done! Come up and dine with me at
my rooms on Tuesday night, and we’ll let George Holworthy hold the
stakes.” Storm held out his hand in a sudden volatile accession of
cordiality. “Good-bye, and thanks for a most interesting afternoon,
old man, really!”
After he had left Millard, however, a quick revulsion of mood
came and he cursed the impulse which had led him to extend the
invitation. The voluble little man bored him horribly, but he had felt an
impish desire to goad him on in his laudation of the Department, and
to seal the compact of the wager within a few feet of where the
money lay securely hidden had seemed a great joke at the moment.
It might be a wise move, at that, to keep in with Millard if the latter
managed through his boasted friendship with the Commissioner’s
secretary to obtain any inside information on the progress of the
case. He would be sure to retail it in defense of his argument, and in
spite of his sense of security Storm determined to be forewarned of
any possible danger.
He dined alone at an old down-town hotel which he frequented
when the mood for solitude came upon him. It was a Stately place
with an air of faded grandeur about it, left far behind in the upward
march of the city, but still retaining a remnant of its ancient
patronage.
As he sat over his coffee, Storm idly studied the diners scattered
about at the nearby tables. They were elderly for the most part with a
solid air of conscious rectitude and well-being, and they ate with the
deliberation and grave relish due to the reputation of the cuisine. A
shining bald pate above a coat of magisterial black at the next table
caught Storm’s eye by its glistening expanse. The man was sitting
back luxuriously reading a paper which he held outstretched to aid
some defect of vision, and over one ample shoulder a few letters of
the headline jumped out in staring type.
“—ton’s Body——”
Storm caught his breath, and for a moment the page wavered
and blurred before his eyes. Could it mean Horton’s body? Had it
been discovered? He craned his neck, leaning as far forward and to
one side as he dared; but by a perverse fate the older man moved
also, his shoulder effectually concealing the rest of the message.
Storm cursed him softly beneath his breath, still maneuvering
desperately to read the lines so tantalizingly withheld from him.
Confound the old dotard! If he would shift that paper only a bit to one
side, hold it a matter of a few inches higher, the whole article could
be read, for he sat so near that even the small type would be plainly
legible to Storm’s sharp eyes.
While he writhed impotently the unconscious reader turned the
page, and in the flirt of the paper Storm caught a fleeting glimpse of
the last word on the headline. It looked like “Found,” but he dared not
trust the evidence of that swift glance. He felt an almost
uncontrollable impulse to stride across to the other man and tear the
paper from his hands; but the reader must have lost the thread of the
article in which he was engrossed, for even as Storm struggled with
his maddened impatience he turned back, raising the paper so that
the whole upper part was in plain view.
“Horton’s Body Found.”
His instinct had been right, after all! Storm’s heart hammered in
his chest, and for a second time his vision blurred, only to clear the
next instant; and he read without effort through to the end of the brief
news item. It told only what he of all men already knew, what he had
wished the world to learn.
The older man folded his paper, yawned, and departed, and
Storm called for his check and strolled out of the hotel with a
serenely detached air; but although the night was warm he shivered
as if a sudden chill had swept over him. That phase of the
investigation was over; now the search would begin in earnest for
the black bag.
Suddenly he recalled Millard’s conviction about the telephone
message which Chief Nairn had received in their presence and the
added reservation in the latter’s manner when he bade them good-
bye. Millard must have been right; that message was a report of the
finding of the body!
As he journeyed homeward he felt a sense of relief that the
suspense was over. Horton was no longer lying out there—but what
did Horton matter? He was dead and that was an end of it. How
easily his skull had caved in beneath the force of that single blow!
How easily the whole thing had been accomplished!
But was the money really safe in his apartment now that the
search would narrow down to the bag and its contents? Would it not
be wiser if he were to hire a safe-deposit box somewhere under an
assumed name——? But even as the thought came he negatived it.
Wise or not, he realized that he could not know a moment’s rest with
the money for which he had risked so much out of his immediate
possession. He would wait until the bag was discovered and the
news of it had been forgotten and then slip unostentatiously away.
This might come at any day; he must be prepared.
Thank heaven he had mentioned his proposed trip to George
long before Horton crossed his path once more! Now his suddenly
announced decision would call forth no surprise from that devoted
friend, and George could be depended upon in the depths of his
innocence to explain the situation to any curious acquaintances.
“Poor old Norman!” he would say, shaking his head sadly. “Went
all to pieces over the loss of his wife. Health gave out completely,
you know; couldn’t eat, couldn’t sleep, racked with nerves! Sea
voyage is the best thing for him, and he’ll come back a new man.”
Storm laughed at his own conceit, but by morning his resolve had
strengthened and definite plans began to form themselves in his
mind. When he was safely away—in Japan, perhaps,—he would
change some of the banknotes at a foreign branch of one of the
banking houses and send back a draft to old Foulkes to take up that
mortgage on the Greenlea house with Langhorne; he could get a far
better price for the property unencumbered.
Still later he could write to old George and deputize him to sell it.
George would be pained, of course, but what did that matter? He
could explain that he meant to extend his trip and could never, in any
event, bring himself to a return to Greenlea. He could tell George
also to dispose of what personal belongings still remained of Leila’s
among her friends there and to sell the house as it stood.
The morning papers threw no further light on the subject of
Horton’s murder, yet Storm knew that no stone would be left
unturned in the search for the bag, and he felt that its discovery
might be imminent. A week or two at most after that took place and
the whole affair would vanish from the public mind.
He would be prepared to sail at once, but in cutting absolutely
adrift from the old life he meant in no sense to become a pariah.
When he was satiated with travel he would settle down in some
Continental city and enjoy life untrammeled by memories.
That night he took stock of his own belongings. He had left the
details of his removal from Greenlea in George’s hands, and the
latter had made a free selection. When Storm had weeded them out
from Potter’s effects he looked at the conglomeration in despair. He
meant to travel light, taking only his fresh mourning attire with him,
which could be discarded readily enough as soon as he was away
from his circle of condoling friends; and his old clothes could be
given to Homachi.
But George had added a collection of junk which could not be so
easily disposed of without opening even that credulous individual’s
eyes to the real state of Storm’s mind. His glance swept in
exasperation over the room; that reading lamp, for instance, his
favorite edition of Balzac, the antique clock, the bronze desk set!
George’s infernal sentiment must have directed his choice, for these
had all been gifts from Leila; they couldn’t very well be given or
thrown away!
The impulse came to Storm to tumble them all into an old trunk
and ship them back to Greenlea, and his mood demanded instant
action. He might as well get them out of the way now and have done
with it! There would be plenty to do in the days ahead, and at least
he would have the cursed things out of his sight.
Whistling cheerily he took off his coat, dragged the trunk out from
the storeroom and opened it. He had scarcely started upon his task,
however, when there came an insistent double ring at the bell.
George, again! Storm sat down deliberately and swore. But it
would not do to offend him, and the time would be so short . . . .
He rose and opened the door to disclose George, beaming, his
arms filled with awkwardly held paper bags and bundles. As he
moved, one of them crashed down upon the mat and a thin line of
white liquid meandered from it.
“Ouch! There goes the cream, I am afraid!” George’s smile faded,
and he gazed ruefully down at the mess. “I thought we might make a
rarebit, and I stopped——”
“Well, never mind! Come in. There is more cream in the ice
chest.” Storm pulled his guest unceremoniously within and closed
the door. “Homachi can clean the mat in the morning. Here, I’ll take
all that stuff to the kitchen.”
“Just finished a rubber of bridge over at the Abbott’s and as I
hadn’t seen you in two days——” George explained to the empty air.
“Why, what the——!”
His ejaculation reached Storm in the kitchen and the latter
returned to find his guest staring in surprise from the opened trunk to
the disordered room.
“I’m packing up some stuff to send back to Greenlea,” Storm
explained briefly. “All those things Leila gave me, you know; I can’t
stand seeing them around me any longer.”
“I’m sorry. I thought they would make it more homelike for you
here,” George said simply, in honest contrition. “I might have known
you wouldn’t want them about just yet, to remind you——Here, let
me help pack them.”
Storm masked a smile. Old George was almost too easy!
“All right, then, if you want to,” he acquiesced. “Take off your coat
and we’ll pitch in. There is a pile of old newspapers on the pantry
shelf——”
George trotted obediently off and returned with the papers.
“I say, wasn’t that a fierce thing about poor Jack Horton!” he
exclaimed. “You saw it in the papers, of course? He was found
murdered——”
“I know!” Storm interrupted hastily. “Mind what you are doing with
that clock!—Yes, it was very sad, of course, but a chap in his line of
work takes chances, and I suppose he took one too many.”
“It doesn’t seem possible! Poor old Jack!” George’s tone trembled
with real feeling. “It is odd that we should have been talking about
him only two nights ago; I don’t think we’ve even mentioned his
name before in years. And at that very time he was lying dead out
there on the Drive, and no one knew! It’s horrible! Why, we passed
twice right within a few feet of the spot!”
“That’s so, we did,” Storm said slowly.
“Did you see the latest editions of the papers to-night?” George
pursued, and then not waiting for the other to reply, he went on:
“That young girl who was in love with him—Big Jim Saulsbury’s
daughter—gave an interview to the reporters in which she said she
would never rest until his murderers were discovered and convicted.
Big Jim is backing her up, too. He came on here to New York, and
although he refuses to talk for publication it is understood that he has
hired the best private detectives in the country to supplement the
authorities. By Jingo, I hope they get them!”
“Do they think some gang were out after him?” Storm asked.
“They don’t seem to think anything!” George waxed indignant. “I
tell you, things are in a pretty state in this town when a chap can be
decoyed off a train, robbed of a hundred thousand dollars and
murdered in cold blood! Where were the police, I should like to
know?”
Storm smiled.
“We had a little talk about crime not so long ago, if you
remember,” he observed. “You didn’t quite agree with me when I
suggested that a person could commit any sort of crime and get
away with it if he used his brains, but this looks like a case in point,
eh?”
Suddenly he caught his breath. It had occurred to him that
George’s glance had fallen idly upon the sheets of newspaper with
which they were packing the articles into the trunk, and
remembrance came to him. They were using the outer sheets only
from the top of the pile on the pantry shelf; the inner sheets of those
papers were wrapped about Horton’s pistol in the bag! Had George
noted anything unusual? His manner certainly did not show it, and
he was packing with a preoccupation which boded ill for the safe
arrival of the fragile lamp at Greenlea.
To test him, Storm repeated:
“It looks as if the fellow was going to get away with it in this case,
at any rate.”
“They’ve only just started,” George replied significantly, adding as
he eyed the half-filled trunk: “We should have put those books on the
bottom, but never mind now. Does this desk set go in, too?”
“Yes.” Storm breathed more easily, but his vaunted foresight had
received a shock. Why hadn’t he destroyed those confounded outer
sheets of the newspaper?
The thought brought a swift reminder to him. Why not get rid now
of the cap which Horton had worn on that fateful walk? There was
room in the trunk . . . .
He dashed to the closet.
“Wait a minute, George. When you packed up my things to move
in town you brought along a lot of old clothes that I shan’t have any
use for in a dog’s age. Might as well ship some of them back to
Greenlea now and have done with it.”
“Sure!” responded George equably. “Bring them along.”
Storm returned, his arms filled with a miscellaneous collection of
coats and headgear. Among the latter was a certain cap of thin dark
blue cloth, and as he saw it disappear into the trunk he heaved a
sigh of relief. That, too, was gone! He turned to his companion.
“Oh, did I tell you that I saw Horton’s girl yesterday; this Miss
Saulsbury?”
“Where?” George demanded, staring.
“At Police Headquarters. A friend of Millard showed us around.”
Storm told in detail of the scene at the Bureau of Missing
Persons, and George listened with deep interest.
“Mighty loyal of that girl to stand up for poor Jack when the whole
world was ready to condemn him as an absconder, wasn’t it?” he
commented, as Millard had done. “Even I—well, it did look pretty
black against him, didn’t it? They’ll get his murderers, sure!”
“So Millard thinks. He is crazy about the work of the Department
since he has been given a glimpse behind the scenes, and he
swears they can’t fail.” Storm laughed. “In fact, we have a little wager
on about it, and you are to hold the stakes. He is coming up to dinner
next Tuesday night.”
“Well, for an old friend of Jack, you’ve taken a queer stand, it
seems to me,” George said slowly. “Anybody would think you didn’t
want to see his murderers punished!”
“Not at all!” Storm retorted coolly: “There is nothing personal in
this; it is a purely abstract question. Millard believes in the infallibility
of the Department, and I don’t. What have they done so far? Horton
was last seen alive in Poughkeepsie on Wednesday afternoon; he is
murdered in New York some time that night, and his body is not even
discovered until Friday afternoon. This is Saturday night, and what
progress has been made in the case? Exactly none! They don’t
know how Horton came to be out there on the Drive, who killed him
or where the money is!”
“They’ve found the bag it was in, anyway.”
“What?” Storm stared at him as though he could scarcely believe
he had heard aright.
“Uh-huh. The last edition of all the papers is playing it up big. The
bag with poor old Jack’s hat and a pistol and a lot of old newspapers
inside was discovered in the parcel-checking room of the Grand
Central Station.” George paused and added: “Isn’t that marvelous
police work for you? They must have doped it out that because he
disappeared presumably from the terminal the bag would be found
somewhere around there, and by Jingo, it was! Think of conceiving
the idea of searching the parcel room and then tell me a fellow can
get away with anything in this town when such minds as those are
on the job after him! Wonderful work, I call it! When they find out who
checked that bag there, they’ve got Jack Horton’s murderer!”
Chapter XX.
Marked!
They finished packing the trunk, made and devoured the rarebit,
and still George lingered. His mind had been jarred from its placid
routine by the tragic death of their former classmate, and he dwelt
upon the reminiscences which were an added torture to Storm’s
perturbed mental state.
The bag had been discovered, but did the porter remember
checking it? Did he remember the face of the man who had given it
into his charge? That was a paramount question. He had not noticed
that the papers he brought home with him were not the final edition,
and now it was too late to procure one even if he could get rid of
George. He felt that he could not wait till morning; he must know!
Dare he ask his companion for particulars? Surely it would be only
natural for him to show as much casual interest as that in the
mystery surrounding an old friend’s death!
“What do you think about the case yourself?” he queried at last,
abruptly cutting off the flow of reminiscence. “What is your theory as
to how Jack came to his death?”
“Well,” George helped himself to a cigar. “He may not have been
killed on the Drive, you know. His body may have been brought there
by automobile and thrown over the wall, and a high-powered car
travels fast; the murder may have taken place miles away. I’m going
down and have a look at old Jack to-morrow if they will let me—I
have a theory about the whole thing that I would like to try out for my
own satisfaction.”
“And what is that?” Storm inquired with a jarring note of sarcasm
in his tones.
“Oh, I don’t pretend to be any amateur detective,” George
returned mildly. “But I knew old Jack! They’re all taking it for granted