i

THE first and most important is a volume of over two hundred pages—very large pages, somewhat larger, in fact, than those of Cosmopolitan magazine, a trifle smaller than those of Vanity Fair. The volume is bound in heavy yellow paper which says, in neat letters at the upper left, “Indictment No. 1.” Inside the cover is a long table of contents; the printed pages that follow are made either more enlightening or more alarming, according to your variety of intelligence, by the presence of charts and diagrams. One such, when unfolded, shows green, red and black inks. The purpose is to make it easier for the eye to trace the intricate handlings of certain considerable sums of money....

This mysterious book, possessed of no title-page and honouring no one as its author, represents the capacity of Arthur Train for hard work. In 1914 Henry Siegel, a New York merchant and banker, was to be prosecuted, and Arthur Train was entrusted with the prosecution. Counsel for Siegel secured a change of venue and the trial was transferred to Geneseo, New York. The case for the prosecution, in its mathematical and extremely complicated demonstration, seemed only too likely to be lost before a jury of farmers completely unfamiliar with Mr. Siegel’s affairs. Mr. Siegel was in banking companies, merchandising corporations, realty corporations, a securities company, an express company and other enterprises. It was quite necessary to explore the labyrinth; something like $50,000 was expended by Arthur Train, the explorer, and the printed and bound book, Indictment No. 1, was a mere preliminary to the battle in court.

In 1914 Arthur Train was already the author of quite a number of books of fiction. In a general way, they represented pleasant recreation.

ii

Other documents are these books and stories of his, the work of leisure intervals and an active imagination. Some of them were done by dictation, dictation interrupted by telephone calls, by days in court, by this or that or the other. He acquired the faculty of dropping and picking up again in the middle of a chapter, a paragraph, a sentence. He didn’t worry over the stuff; he didn’t fuss about it, as some men do about their golf, when they’re off their game. The business of life was transacted in the gloomy chambers of the Criminal Courts Building, New York, where the air is bad, the light poor, but the saturation with human nature, perfect. To prepare a case was rather frequently interesting, to try a case was scarcely ever without its thrill. And the cases, despite the common misconception of them, were not assorted East Side vendettas or Chinatown murders. A large percentage of them were always on that shadowy borderline where a District Attorney must stop and ask himself if a crime has been committed, if, after all, the remedy is not to be sought in an action brought in the civil courts. And every little while there would be a case of proportions, of an almost inscrutable complexity, like that which led to the publication (in a strictly limited edition with a deluxity of coloured inks) of Indictment No. 1.

Arthur Train is the most agreeable of men, not tall, suave, exceedingly friendly, a good talker and with all the requisite human approaches and contacts, but if you really wish to make yourself tiresome to him you can do it by suggesting that he is a “criminal lawyer.” Now there have been and are among “criminal lawyers” many men of eminence. The defence of persons accused of crime is possibly that branch of the law in which talent or genius shows most conspicuously. As a matter of fact, however, the most ingenious brains of the legal profession have preferred, for a generation past, to remain in offices and nurse the young and growing corporation or correct the adult corporation’s errors in diet and underwear. Corporation law is the thing in our day and there is some very good evidence that Arthur Train is an excellent corporation lawyer.

What about the evidence that he is a novelist? Your Honours, I am coming to that directly.

iii

The document now to our purpose is his latest novel, His Children’s Children. It represents Mr. Train’s most serious work to date. To give it its proper background of purpose, I should like to make a literary comparison. My trouble is that any sort of literary comparison seems to be extended too far. If I compare one novel with another the impression arises that I am comparing them in every respect. I compare two books, and it is assumed that I am comparing the two authors. Perhaps the two books have a single resemblance and the authors both have blue eyes. Very well, then! I was about to speak of John Galsworthy’s work in The Forsyte Saga.

That history of a family is discussed elsewhere in this book. My present point is that it is the history of an English family whose main inheritance was the property instinct, a blending of acquisitiveness and tenaciousness, “to have and to hold.” Mr. Train’s His Children’s Children is the history of an American family whose main inheritance was a most characteristically American one, the wish to “get on.” Tenacity was strong in the Forsytes, it is undeveloped in the Kaynes. A Forsyte has not much to acquire, but a Kayne is always two up and three to play; the effort to acquire is his breath and he is somehow always afflicted with the feeling of short-windedness. Each in his quite distinctive way, these two novelists have concerned themselves with the situation arising from an age of materialism—the age that culminated in the Great War. I choose my words. I do not say that the Great War was a product of a materialistic age, though there is a brief for that and I think quite possibly Mr. Train would consent to argue it. But the Great War did come in our age of a materialistic civilisation, and, if not at the end of it, nearer to the end than to the beginning. When did our materialistic age begin? At the end of Mrs. Wharton’s Age of Innocence, of course.

Mr. Train’s motif is the dominant characteristic of an age we all lived in, and what that characteristic led to. He writes, of course, about old Peter B. Kayne, “The Pirate,” and his children and grandchildren; these are the little group of people in the immediate foreground. They are the larger world in little, people who set the fashion and make the pace, watched and aped by thousands. Their ambitions, their discontents, their achievements in every direction, including sensation, scandal and disgrace are the best commentary on—themselves as individuals? Not at all; on certain forces and tendencies more powerful than they.

So considered, His Children’s Children is a perfectly documented study of the third generation since the beginning of the era of “big business” in America. To the Forsytes the termination came with a sign, “To Let.” With us it has more frequently come with some such scene as that closing Mr. Train’s able novel; I mean old Peter B. Kayne, ill and helpless upstairs, and the auctioneer at his stand below. To the once redoubtable Pirate comes the sound of a rising murmur from down there; he manages to get up and struggle feebly to a place where he can look upon the alien affair going on in the house—in his, Peter B. Kayne’s, house. The auctioneer’s voice is lifted above the rest, in a louder smoothness, in an accent of barter; ambitions and ideals, so far as realised, are here knocked down to the highest bidder. What price are we offered on certain tangible results of a desire to get on? To the highest bidder.... Perhaps, after all, Peter B. Kayne’s was the high bid.

iv

A “documented” study; I chose my word there, also. For an immense amount of work went into His Children’s Children. You may take my word for it, as much as went into the authorship of Indictment No. 1. Or, no, you need not take my word. Take a fact, instead. Mr. Train is now at work upon a very remarkable novel of which it is not my privilege to speak here except to say that its first chapter exemplifies his infinitely painstaking method to-day. In common with a very few other novelists, he likes to derive clearly through several antecedent generations his principal characters. His writing undergoes many corrections but in his first draft he gives himself full rein. In the novel that is to follow His Children’s Children, he spent much time on the first chapter. By a “cut-back” he traced his hero’s family from about the year 1790 to the opening of the story, in the present. This, mind you, was with the deliberate intention that the first chapter should ultimately be of not much, if any, more than ordinary chapter length—perhaps thirty typewritten pages.

Well, he knew he had written a good deal, but the first chapter, first draft, was written and he sent it to be typed. The manuscript had been returned to him on a day when I called; it made exactly 184 typewritten pages—about half the length of an ordinary full-length novel, maybe somewhat more.

v

Arthur (Cheney) Train was born in Boston, 6 September 1875, the son of Charles Russell Train and Sarah M. (Cheney) Train. His father was Attorney-General of Massachusetts, 1873-1880. Arthur Train was graduated from Harvard (A.B.) in 1896 and received the law degree three years later. In 1897 he married Ethel Kissam, daughter of Benjamin P. Kissam, of New York. Mrs. Train, also a writer, died in the spring of 1923. Her book, “Son” and Other Stories of Childhood and Age is being published posthumously.

Arthur Train went almost immediately into the District Attorney’s office in New York. He never entirely sacrificed his connection with it until 1916, when he became a member of the firm of Perkins & Train. As a special deputy Attorney-General of the State of New York, in 1910, he brought about the indictment of over one hundred persons, political offenders in Queens County, in the city of New York. He is a member of the Century, University and Harvard Clubs of New York, and of the Downtown Association. In his attractive home, at 113 East Seventy-third street, New York, there is a room, up one flight, occupying the whole width of the front of the house, with southerly windows, book-lined walls, an ample desk, and a roomy davenport confronting a fireplace. The fireplace is fenced about and the top of the fence is leather-cushioned, making a comfortable seat. Nothing could be more pleasant than to sink into the davenport and face Mr. Train, who has seated himself on the fireplace fence and lighted a cigarette.

“But don’t you mind the interruptions?” you ask him. “Suppose you are in the middle of a novel and a big case comes along——”

“That’s very refreshing,” he answers. “I come back to the novel as from a vacation.”

And you recall the early writing, done, so to speak, between telephone calls.

There has been a change; Mr. Train freely acknowledges it. “I can’t say exactly when it occurred. It was during the war. I felt differently about my writing. I felt much more intent about it. It took hold of me very strongly when I was writing about Ephraim Tutt—Tutt and Mr. Tutt, you know. I think those were possibly the first stories I had written which made me feel emotion.”

It is easy to see why, easier, perhaps, in Mr. Train’s new collection of these tales, Tut, Tut! Mr. Tutt, than in the first book. For the emphasis upon Ephraim Tutt’s attitude is more pronounced as we see him deliberately employing the tricks of the law in the interests of justice. Himself moved by that most permanent of human emotions, the desire for the just, and by that most continual of human delights, the extraction of good from evil or even good wreaked by means of evil, and moved also by that human protest against the application of general rules to individual dilemmas, Mr. Tutt would be strange if he did not arouse in his creator the emotion inseparable from any act of art.

Once felt, never without. The practise of law seems less important than once it did to Arthur Train. The number of cases that really are interesting—are they growing fewer? There is something about private practise ... duller than the old court work, less stimulating....

He has “an infinite capacity for taking pains.” It has been proven. There, I think, our case rests.

Books by Arthur Train