The triumvirate and Leddy Grippy were disconcerted at the appearance of Mr. Keelevin—for, at that moment, the result of Mr. Threeper’s inquiries among the servants had put them all in the most agreeable and unanimous opinion with respect to the undoubted certainty of poor Watty’s fatuity.—‘We have just to walk over the course,’ the advocate was saying; when George, happening to glance his eye towards the window, beheld the benevolent lawyer coming up the avenue.

‘Good Heavens!’ said he, ‘what can that old pest, Keelevin, want here?’

‘Keelevin!’ exclaimed the Leddy,—‘that’s a miracle to me. I think, gentlemen,’ she added, ‘ye had as weel gang away by the back door—for ye would na like, maybe, to be fashed wi’ his confabbles. He’s no a man, or I’m far mista’en, that kens muckle about the prejinketties o’ the law, though he got the poor daft creature harl’t through the difficulties o’ the plea wi’ my cousin Gilhaise, the Mauchlin maltster. I’m very sure, Mr. Threeper, he’s no an acquaintance ye would like to cultivate, for he has na the talons o’ an advocate versed in the devices o’ the courts, but is a quirkie bodie, capable o’ making law no law at a’, according to the best o’ my discernment, which, to be sure, in matters o’ locutories and decreets, is but that o’ a hamely household woman, so I would advise you to eschew his company at this present time.’

Mr. Threeper, however, saw further into the lady’s bosom than she suspected; and as it is never contrary, either to the interest of advocate or agent, to avoid having causes contested, especially when there is, as was in this case, substance enough to support a long and zealous litigation, that gentleman said,—

‘Then Mr. Keelevin is the agent who was employed in the former action?’

‘Just sae,’ resumed the Leddy, ‘and ye ken he could na, wi’ ony regard to himsel, be art and part on this occasion.’

‘Ah, but, madam,’ replied the advocate, earnestly, ‘he may be agent for the fatuus. It is, therefore, highly proper we should set out with a right understanding respecting that point; for, if the allegations are to be controverted, it is impossible to foresee what obstacles may be raised, although, in my opinion, from the evidence I have heard, there is no doubt that the fatuity of your son is a fact which cannot fail to be in the end substantiated. Don’t you think, Mr. Pitwinnoch, that we had as well see Mr. Keelevin?’

‘Certainly,’ said Gabriel. ‘And, indeed, considering that, by the brief to the Sheriff, the Laird is a party, perhaps even though Mr. Keelevin should not have been employed, it would be but fair, and look well towards the world, were he instructed to take up this case on behalf of the fatuus. What say you, Mr. Walkinshaw?’

George did not well know what to say, but he replied, that, for many reasons, he was desirous the whole affair should be managed as privately as possible. ‘If, however, the forms of the procedure require that an agent should act for Walter, I have no objection; at the same time, I do not think Mr. Keelevin the fittest person.’

‘Heavens and earth!’ exclaimed the Leddy, ‘here’s a respondenting and a hearing, and the Lord Ordinary and a’ the fifteen Lords frae Embro’ come to herry us out o’ house and hall. Gentlemen, an ye’ll tak my advice, who, in my worthy father’s time, had some inkling o’ what the cost o’ law pleas are, ye’ll hae naething to do wi’ either Keelevin, Gardevine, or ony other Vines in the shape o’ pro forma agents; but settle the business wi’ the Sheriff in a douce and discreet manner.’

Mr. Threeper, looking towards Mr. Pitwinnoch and George, rapped his ivory snuff-box, rimmed and garnished with gold, and smiling, took a pinch as Mr. Keelevin was shown into the room.

‘Mr. George,’ said Mr. Keelevin, sedately, after being seated; ‘I am not come here to ask needless questions, but as Man of Business for your brother, it will be necessary to serve me with the proper notices as to what you intend.’

Mr. Threeper again had recourse to his box, and Gabriel looked inquiringly at his client—who could with difficulty conceal his confusion, while the old lady, who had much more presence of mind, said,—

‘May I be sae bold, Mr. Keelevin, as to speer wha sent you here, at this time?’

‘I came at Mr. Walter’s own particular and personal request,’ was the reply; and he turned at the same time towards the advocate, and added, ‘That does not look very like fatuity.’

‘He never could hae done that o’ his own free will. I should na wonder if the interloper, Bell Fatherlans, sent him—but I’ll soon get to the bottom o’t,’ exclaimed the Leddy, and she immediately left the room in quest of Mrs. Charles, to inquire. During her absence, Mr. Keelevin resumed,—

‘It is not to be contested, Mr. Threeper,’ for he knew the person of the advocate, ‘that the Laird is a man o’ singularities and oddities—we a’ hae our foibles; but he got a gude education, and his schoolmaster bore testimony on a former occasion to his capacity; and if it can be shown that he does not manage his estate so advantageously as he might do, surely that can never be objected against him, when we every day see so many o’ the wisest o’ our lairds, and lords, and country gentry, falling to pigs and whistles, frae even-doun inattention or prodigality. I think it will be no easy thing to prove Mr. Walter incapable o’ managing his own affairs, with his mother’s assistance.’

‘Ah! Mr. Keelevin, with his mother’s assistance!’ exclaimed the acute Mr. Threeper. ‘It’s time that he were out of leading-strings, and able to take care of himself, without his mother’s assistance—if he’s ever likely to do so.’

At this crisis, the Leddy returned into the room flushed with anger. ‘It’s just as I jealoused,’ cried she; ‘it’s a’ the wark o’ my gude-dochter—it was her that sent him; black was the day she e’er came to stay here; many a sore heart in the watches o’ the night hae I had sin syne, for my poor weak misled lad; for if he were left to the freedom o’ his own will, he would na stand on stepping stanes, but, without scrupulosity, would send me, his mother, to crack sand, or mak my leaving where I could, after wastering a’ my jointure.’

This speech made a strong impression on the minds of all the lawyers present. Mr. Keelevin treasured it up, and said nothing. Our friend Gabriel glanced the tail of his eye at the advocate, who, without affecting to have noticed the interested motive which the Leddy had betrayed, said to Mr. Keelevin,—

‘The case, sir, cannot but go before a jury; for, although the fatuus be of a capacity to repeat any injunction which he may have received, and which is not inconsistent with a high degree of fatuity—it does not therefore follow that he is able to originate such motions or volitions of the mind as are requisite to constitute what may be denominated a legal modicum of understanding, the possession of which in Mr. Walter Walkinshaw is the object of the proposed inquiry to determine.’

‘Very well, gentlemen, since such is the case,’ replied Mr. Keelevin, rising, ‘as I have undertaken the cause, it is unnecessary for us to hold any further conversation on the subject. I shall be prepared to protect my client.’

With these words he left the room, in some hope that possibly they might induce George still to stay proceedings. But the cupidity of George’s own breast, the views and arguments of his counsel, and the animosity of his mother, all co-operated to weaken their effect; so that, in the course of as short a time as the forms of the judicature permitted, a jury was empannelled before the Sheriff, according to the tenor of the special brief of Chancery which had been procured for the purpose, and evidence as to the state of poor Watty’s understanding and capacity regularly examined;—some account of which we shall proceed to lay before our readers, premising that Mr. Threeper opened the business in a speech replete with eloquence and ingenuity, and all that metaphysical refinement for which the Scottish bar was then, as at present, so justly celebrated. Nothing, indeed, could be more subtile, or less applicable to the coarse and daily tear and wear of human concerns, than his definition of what constituted ‘the minimum of understanding, or of reason, or of mental faculty in general, which the law, in its wisdom, required to be enjoyed by every individual claiming to exercise the functions that belong to man, as a subject, a citizen, a husband, a father, a master, a servant,—in one word, to enable him to execute those different essential duties, which every gentleman of the jury so well knew, and so laudably, so respectably, and so meritoriously performed.’—But we regret that our limits do not allow us to enter upon the subject; and the more so, as it could not fail to prove highly interesting to our fair readers, in whose opinion the eloquence of the Parliament House of Edinburgh, no doubt, possesses many charming touches of sentiment, and amiable pathetic graces.