Mason had just finished drying his hands when Gertie, the receptionist, announced that Daniel Caffee and the representative of his insurance company, Frank P. Ingle, were waiting to see Mason.
Mason hesitated, then said to Della Street, “Have Gertie show them in, Della.”
Frank P. Ingle, a grizzled, gray-eyed shrewd individual, shook hands with Mason, turned to Caffee and said, “If you don’t mind, Mr. Caffee, I’ll do the talking.”
“Not at all,” Caffee said.
“I take it you’re willing to talk this over, Mr. Mason,” Ingle said, seating himself and smiling cordially.
“Certainly. Go ahead and talk.”
“Perhaps you’d better start the talk, Mr. Mason.”
Mason said, “Money talks, gentlemen.”
“I know, I know,” Ingle said hastily, “but the question is, Mr. Mason, how are we going to work out any standard for...”
Ingle smiled. “Well, of course, Mr. Mason, one can understand that you want these things, but we, of course, have a duty to our stockholders. It is, of course, unfortunate that the accident happened, but we must look at it as practical businessmen. How about the earning capacity of this boy? If you had been the one who had been the victim of this accident, while the pain and suffering would not have been any more intense, nevertheless our liability would have been greater because you have a greater earning capacity.
“As a practical man, as a practicing attorney, Mr. Mason, you will recognize that the monetary limit of our responsibility is the loss of earning capacity, plus some reasonable amount which will compensate for pain and suffering. Now I would say that with a young, vigorous boy of this kind, fifteen hundred would be a very adequate compensation for pain and suffering. Statistics show that within ninety days at the outside he’ll be back at work with his earning capacity unimpaired. Even if we were to consider he could make three hundred dollars a month, let us say, from that amount he would have to pay room and board which are furnished him in the hospital, and...”
Mason interrupted, “I’ve heard all that line before.”
“Doubtless you have,” Ingle said.
Mason said, “I don’t want to hear it again.”
“Surely, Mr. Mason, you’re not going to be arbitrary.”
Mason met Caffee’s eyes, “I’m going to be arbitrary.”
Caffee coughed, said, “After all, Mr. Ingle, there are circumstances in this case which...”
“Now let’s not misunderstand each other,” Ingle said hastily. “Whatever the responsibility may be for having failed to stop and render assistance, we are now discussing only the property damage.”
“That’s right,” Mason said. “We’re not compounding a felony or conspiring to conceal a crime.”
There was a moment’s uncomfortable silence.
Mason said, “However, in the event any action should be taken against Mr. Caffee, he would doubtless want to apply to the Court of Probation, and the Court would be very much influenced by the sort of settlement which had been made.”
Ingle said, “Well, of course...”
Caffee said, eagerly, “Why do you say ‘in the event’ there should be any criminal action?”
Mason stretched and yawned. “Well, of course, someone would have to sign a complaint in order to start a criminal prosecution. I don’t know that anyone’s going to sign a complaint. On the other hand, I don’t know that anyone is going to fail to sign one, so I said, ‘in the. event.’”
Caffee looked at Ingle. Ingle looked at Caffee.
Ingle said, “Well, of course, as far as the insurance company is concerned, we can’t consider these extraneous matters. We have...”
“You can consider the circumstances in a case, can’t you?”
“What do you mean?”
“The bearing they’d have on a jury?”
Caffee coughed nervously. “I wonder if I could speak with Mr. Ingle privately, Mr. Mason. I think...”
“Sure,” Mason said. “Della, show the gentlemen into the law library. Take your time, gentlemen.”
Della Street arose and, crossing the room, opened the door into the law library.
Ingle and Caffee filed out of the office.
Mason closed his right eye in a wink at Della Street.
She closed the door, came back and said, “What’s going to happen when they find out there have been two settlements, chief?”
“Damned if I know,” Mason said. “After all, we don’t have much in the line of a precedent in such matters. It’s usually hard enough to get one settlement, let alone two.
“Right now, Della, the important thing is to get this settlement cleaned up while we’re free to work on it.”
“You mean while we’re free?”
“That’s right,” Mason said. “Ingle thinks I’m pretty crude, but if he could only look under my hair and see what’s going on in my mind, he’d probably faint.”
“I’ll say he would!”
Mason said, “We’re practicing law with a stop watch in one hand and a time bomb in the other — a hand grenade with the pin pulled.”
Mason started pacing the floor.
The door from the law library opened. The two men returned to the room. This time Caffee was in the lead, and Caffee did the talking.
“We’ll make that settlement, Mr. Mason,” he said. “The insurance company doesn’t care to establish a precedent in such matters. It’s angry with me for having given you that check and statement last night I’ll give you my check for the balance, and I’ll make an adjustment with the insurance company later.”
“Just so we get the money,” Mason said.
Caffee whipped out a checkbook.
Mason said, “Let me look at those releases, please, Mr. Ingle.”
While Caffee was making out checks, Mason looked over the releases. “These seem to be all right,” he said.
Mason signed the releases, accepted the checks.
Caffee said, “I hope we understand each other, Mr. Mason.”
“I think we do.”
“You... well, Mr. Ingle says it will be better if I don’t have any definite understanding.”
“Exactly,” Mason said, and shook hands.
Caffee said, “I can’t begin to tell you how sorry I am this happened. It’s been a lesson to me.”
“I know,” Mason said. “You probably didn’t sleep any last night.”
“Frankly, I didn’t, Mr. Mason.”
“We live and learn,” Mason told him, arising and ushering them to the door. “I have sleepless nights myself.”
Ingle said over his shoulder, “You’re a fast worker, Mr. Mason.”
Mason said, “Well, there’s no use dillydallying around.”
“No,” Ingle said, as he was being all but pushed out into the corridor, “you don’t dally, but you certainly are a dilly, Mr. Mason. Good morning!”
“Good morning,” Mason said, closing the door.