ls on having promptly
closed what threatened to be quite a scandal, involving the fair name of
the firm.
But Horton's case would not stay closed, and it was that which was
"effervescing."
Horton's counsel, Barton Mackenzie, was one of those irrepressible
persons who answer defeat with defiance, and gather courage with every
fresh discouragement. But Mackenzie built up a record of disaster in
Horton's case which surpassed anything he had ever experienced before.
He was defeated before the Police Magistrate and Horton was held for the
Grand Jury, which promptly indicted him on half a dozen different
charges. At the trial the presiding Justice ruled steadily against him,
and the verdict of the jury adjudged his client guilty. Another judge
refused a "certificate of reasonable doubt," and Horton went to Sing
Sing with his case still on appeal. Eight weeks slipped by and then the
Appellate Division affirmed the conviction. Three months later Mackenzie
argued his client's cause before the Court of Appeals in Albany, but
Horton had served nearly six months of his sentence before that tribunal
decided he had been legally convicted. This brought Mackenzie to a
stand-still for a while, though Hertzog thought he recognised his hand
in the subsequent badgering of Mr. Constable and the Hydroid Fibre Co.
One of those insignificant five-share stockholders, the pest of every
corporation, began to worry the company with ceaseless questions,
demanding every possible privilege accorded by the statutes. Who he
was, or how he got his shares, was a detail of which Mr. Constable
regretfully admitted "he knew nothing," and Glenning, exploring every
underground passage known to politics, could not run the thing to earth.
This irrepressible shareholder examined the list of stockholders,
obtained statements of the treasurer, called for papers and particulars,
and made a general nuisance of himself. His specialty, however, was
interviewing President Constable. Hardly a week passed without his
calling on this official.
"Here's that five-share man again," Mr. Constable would say, slipping
into Mr. Hertzog's private room. "Shall I see him?"
"Of course--see him."
"You will--er--drop in?"
"No--confound it! You've seen him with me often enough. What have you
got to worry about?"
"Nothing. Nothing, of course--but----"
"Well, see him!"
Then Mr. Constable gaining confidence from his Hebrew partner's shrewd
face would answer decisi
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