Yatton, the recovery of which was the object of these secret and formidable movements and preparations, not to say machinations, was all this while the scene of deep affliction. The lamentable condition of his mother plunged Mr. Aubrey, his wife, and sister, into profounder grief than had been occasioned by the calamity which menaced them all in common. Had he been alone, he would have encountered the sudden storm of adversity with unshrinking, nay, cheerful firmness; but could it be so, when he had ever before him those whose ruin was involved in his own?—Poor Mrs. Aubrey, his wife, having been two or three weeks confined to her bed, during which time certain fond hopes of her husband had been blighted, was almost overpowered, when, languid and feeble, supported by Mr. Aubrey and Kate, she first entered the bedroom of the venerable sufferer. What a difference, indeed, was there between the appearance of all of them at that moment, and on the Christmas day when, a happy group, they were cheerfully enjoying the festivities of the season! Kate was now pale, and somewhat thinner; her beautiful features exhibited a careworn expression; yet there was a serene lustre in her blue eye, and a composed resolution in her air, which bespoke the superiority of her soul. What had it not cost her to bear with any semblance of self-possession, or fortitude, the sad spectacle now presented by her mother! What a tender and vigilant nurse was she, to one who could no longer be sensible of, or appreciate her attentions! How that How wofully changed was everything in the once cheerful old Hall! Mr. Aubrey sitting in the library, intently engaged upon books and papers—Mrs. Aubrey and Kate now and then, arm in arm, walking slowly up and down the galleries, or one of the rooms, or the hall, not with their former sprightly gayety, but pensive, and often in tears, and then returning to the chamber of their suffering parent. All this was sad work, indeed, and seemed, as it were, to herald coming desolation! But little variation occurred, for several weeks, in the condition of Mrs. Aubrey, except that she grew visibly feebler. One morning, however, about six weeks after her seizure, from certain symptoms, the medical men intimated their opinion that some important change was on the eve of taking place, for which they prepared the family. She had been very restless during the night. After frequent intervals of uneasy sleep, she would awake with evident surprise and bewilderment. Sometimes a peculiar smile would flit over her emaciated features; at others, they would be overcast with gloom, and she would seem struggling to suppress tears. Her voice, too, when she spoke, was feeble and tremulous; and she would sigh, and shake her head mournfully. Old Jacob Jones, not being introduced at the accustomed hour, she asked for him. When he made his appearance, she gazed at "Is it you, my son?" said she, in a very low tone, but in her own voice, and it stirred up instantly a thousand fond recollections, almost overpowering him. He kissed her hand with fervent energy, but spoke not. She continued gazing at him with mingled solemnity and fondness. Her eye seemed brightening as it remained fixed upon him. Again she spoke, in a very low but clear voice—every thrilling word being heard by all around her: "Or ever the silver cord be loosed, or the golden bowl be broken, or the pitcher be broken at the fountain, or the wheel broken at the cistern,—Then shall the dust return to the earth as it was; and the spirit shall return unto God who gave it." It would be in vain to attempt to describe the manner in which these words were spoken; and which fell upon those who heard them as though they were listening to one from the dead. "My mother!—my mother!" at length faltered Aubrey. "God bless thee, my son!" said she, solemnly. "And Catherine, my daughter—God bless thee"—— she presently added, gently turning round her head towards the quarter whence a stifled sob issued from Miss Aubrey, who rose, trembling, and leaning over, kissed her mother. "God hath been very good to you, Madam," said Dr. Tatham, observing her eye fixed upon him, "to restore you thus to your children." "I have been long absent—long!—I wake, my children, but to bid you farewell, forever, upon earth." "Say not so, my mother—my precious mother!" exclaimed her son, in vain endeavoring to suppress his emotions. "I do, my son! Weep not for me; I am old, and am summoned away from among you"—She ceased, as if from exhaustion; and no one spoke for some minutes. "It may be that God hath roused me, as it were, from the dead, to comfort my sorrowful children with words of hope," said Mrs. Aubrey, with much more power and distinctness than before. "Hope ye, then, in God; for ye shall yet praise him who is the health of your countenance, and your God!" "We will remember, my mother, your words!" faltered her son. "Yes, my son—if days of darkness be at hand"—She ceased. Again Mr. Whately placed to her white lips a glass with some reviving fluid—looking ominously at Mr. Aubrey, as he found that she continued insensible. Miss Aubrey sobbed audibly; indeed all present were powerfully affected. Again Mrs. Aubrey revived, and swallowed a few drops of wine and water. A heavenly serenity diffused itself over her emaciated features. "We shall meet again, my loves!—I can no longer see you with the eyes of"—Mr. Whately observing a sudden change, came nearer to her. "Peace! peace!" she murmured almost inarticulately. Mr. Whately made a silent signal to Dr. Tatham, that life had ceased—that the beloved spirit had passed away. "The Lord gave, and the Lord hath taken away: blessed be the name of the Lord!" said Dr. Tatham, with tremulous solemnity. Mrs. Aubrey and Miss Aubrey, no longer able to restrain their feelings, wept bitterly; and overpowered with grief, were supported out of the room by Dr. Tatham and Mr. Aubrey. As soon as it was known that this venerable lady was no more, universal reverence was testified for her memory, and sympathy for the afflicted survivors, by even those, high and low, in the remoter parts of the neighborhood who had no personal acquaintance with the family. Two or three days afterwards, the undertaker, who had received orders from Mr. Aubrey to provide a simple and inexpensive funeral, submitted to him a list of more than thirty names of the nobility and gentry of the country, who had sent to him to know whether it would be agreeable to the family for them to be allowed to attend Mrs. Aubrey's remains to the grave. After much consideration, Mr. Aubrey accepted this spontaneous tribute of respect to the memory of his mother. 'Twas a memorable and melancholy day on which the interment took place—one never to be forgotten at Yatton. What can be more chilling than the gloomy bustle of a great funeral, especially in the country; and when the deceased is one whose memory is enshrined in the holiest feelings of all who knew her? What person was there, for miles around, who could not speak of the courtesies, the charities, the goodness of Madam Aubrey? "When the ear heard her, then it blessed her; and when the eye saw her, it gave witness to her: "Because she delivered the poor that cried, and the fatherless, and him that had none to help him. "The blessing of him that was ready to perish came upon her, and she caused the widow's heart to sing for joy. "She was eyes to the blind, and feet was she to the lame. "She was a mother to the poor."—— Pale as death, the chief mourner, wrapped in his black cloak, is stepping into the mourning-coach. No one speaks to him; his face is buried in his handkerchief; his heart seems breaking. He thinks of her whose dear dust is before him;—then of the beloved beings whom he has left alone in their agony till his return—his wife and sister. The procession is moving slowly on—long, silent rows of the tenantry and villagers, old and young, male and female—not a dry eye among them, nor a syllable spoken—stand on each side of the way; no sound heard but of horses' feet, and wheels crushing along the wet gravel—for the day is most gloomy and inclement. As they quit the gates, carriage after carriage follows in the rear; and the sorrowful crowd increases around them. Many have in their hands the Bibles and prayer-books which had been given them by her who now lies in yonder hearse; and a few can recollect the day when the late lord of Yatton led her along from the church to the Hall, his young and blooming bride—in pride and joy—and they are now going to lay her beside him again! They are met at the entrance of the little churchyard, by good Dr. Tatham, in his surplice, bareheaded, and with book in hand; with full eye and quivering lip he slowly precedes the body into the church. His voice frequently trembles, and sometimes he pauses while reading the service. Now they are standing bareheaded at the vault's mouth—the last sad rites are being performed; and probably, as is thinking the chief mourner, over the last of his race who will rest in that tomb! Long after the solemn ceremony was over, the little churchyard remained filled with mournful groups of villagers and tenants, who pressed forward to the dark mouth of the vault, to take their last look at the coffin which contained the remains of her whose memory would live long in all their hearts. "Ah, dear old Madam," quoth Jonas Higgs to himself, as he finished his dreary day's labors, by temporarily closing up the mouth of the vault, "they might have turned thee, by-and-by, out of yonder Hall, but they shall not touch thee here!" Thus died, and was buried, Madam Aubrey; and she is not yet forgotten. How desolate seemed the Hall, the next morning, to the bereaved inmates, as, dressed in deep mourning, they met at the cheerless breakfast-table! Aubrey kissed his wife and sister—who could hardly answer his brief inquiries. The gloom occasioned throughout the Hall, for the last ten days, by the windows being constantly darkened—now that the blinds were drawn up—had given way to a staring light and distinctness, which almost startled and offended the eyes of those whose hearts were dark with sorrow as ever. Every object reminded them of the absence of one—whose chair stood empty in its accustomed place. There, also, was her Bible, on the little round table near the window! The mourners seemed relieved by the entrance, by-and-by, of the children; but they also were in mourning! Let us, however, withdraw from this scene of suffering, where every object, every recollection, every association, causes the wounded heart to bleed afresh. Great troubles seem coming upon them; and now that they have buried their dead out of their sight, and when time shall have begun to pour his balm into their present smarting wounds, I doubt not that they will look those After much consideration, they resolved to go, on the ensuing Sunday morning, to church, where neither Mrs. Aubrey nor Kate had been since the illness of her mother. The little church was crowded; almost every one present, besides wearing a saddened countenance, exhibited some outward mark of respect, in their dress—some badge of mourning—such as their little means admitted of. The pulpit and reading-desk were hung in black, as also was Mr. Aubrey's pew—an object of deep interest to the congregation, who expected to see at least some member of the family at the Hall. They were not disappointed. A little before Dr. Tatham took his place in the reading-desk, the well-known sound of the family-carriage wheels was heard as it drew up before the gate; and presently Mr. Aubrey appeared at the church door, with his wife and sister on either arm; all of them, of course, in the deepest mourning—Mrs. and Miss Aubrey's countenances concealed beneath their long crape veils. For some time after taking their seats, they seemed oppressed with emotion, evidently weeping. Mr. Aubrey, however, exhibited great composure, though his countenance bore traces of the suffering he had undergone. Mrs. Aubrey seldom rose from her seat; but Kate stood up, from time to time, with the rest of the congregation; her white handkerchief, however, might have been seen frequently raised to her eyes, beneath her black veil. As the service went on, she seemed to have struggled with some success against her feelings. To relieve herself for a moment from its oppressive closeness, she gently drew aside her veil; and thus, for a few minutes, exhibited a countenance Mr. Gammon—for he it was, and he had gone thither under the expectation of seeing, for the first time, some of the Aubrey family—generally passed for a cold-blooded person; and in fact few men living had more control over their feelings, or more systematically checked any manifestations of them; but there was something in the person and circumstances of Miss Aubrey—for by a hurried inquiry of the person next to him he learned that it was she—which excited new feelings in him. Her slightest motion his eye watched with intense eagerness; and faint half-formed schemes, purposes, and hopes, passed in rapid confusion through his mind, as he foresaw that circumstances would hereafter arise by means of which— "Good heavens! how very—very beautiful she is!" said he to himself, as, the service over, her graceful figure, following her brother and his wife with slow sad step, approached the pew in which he was standing, on her way to the door. He felt a sort of cold shudder as her black dress rustled past, actually touching him. What was he doing and meditating against that lovely being? And for whom—disgusting reptile!—for Titmouse? He almost blushed from a conflict of emotions, as he followed almost immediately after Miss Aubrey, never losing sight of her The reader will not be at a loss to account for the presence of Mr. Gammon on this occasion, nor to connect it with an impending trial at the approaching York assizes. As he walked back to Grilston to his solitary dinner, he was lost in thought; and on arriving at the inn, repaired at once to his room, where he found a copy of the Sunday Flash, which had, according to orders, been sent to him from town, under his assumed name, "Gibson." He ate but little, and that mechanically; and seemed to feel, for once, little or no interest in his newspaper. He had never paid the least attention to the eulogia upon Miss Aubrey of the idiot Titmouse, nor of Snap, of whom he entertained but a very little higher opinion than of Titmouse. One thing was clear, that from that moment Miss Aubrey formed a new element in Mr. Gammon's calculations; and for aught I know, may occasion very different results from those originally contemplated by that calm and crafty person. As it proved a moonlight night, he resolved at once to set about the important business which had brought him into Yorkshire; and for that purpose set off about eight o'clock on his walk to Yatton. About ten o'clock he might have been seen gliding noiselessly into the churchyard, like a dangerous snake. The moon continued to shine—and at intervals with brightness sufficient for his purpose, which was simply to reconnoitre, as closely as possible, the little sequestered locality—to ascertain what it might contain, and what were its capabilities. At length he approached the old yew-tree, against the huge trunk of which he leaned with folded arms, apparently in a revery. Hearing a noise as of some one opening the gate by which he had entered, he glided farther into the gloom behind him; and turning his head in the direction "That is, no doubt, where Mrs. Aubrey was buried the other day," thought Gammon, watching the movements of the stranger, who presently raised his handkerchief to his eyes, and for some moments seemed indulging in great grief. Gammon distinctly heard the sound of deep sighing. "He must have been very fond of her," thought Gammon. "Well, if we succeed, the excellent old lady will have escaped a great deal of trouble—that's all! If we succeed," he inwardly repeated after a long pause! That reminded him of what he had for a few moments lost sight of, namely, his own object in coming thither; and he felt a sudden chill of remorse, which increased upon him till he almost trembled, as his eye continued fixed on Mr. Aubrey, and he thought also of Miss Aubrey—and the misery—the utter ruin into which he was seeking to plunge them both—the unhallowed means which they—which—if necessary—he—contemplated resorting to for that purpose. Gammon's condition was becoming every moment more serious; for virtue, in the shape of Miss Aubrey, began to shine momentarily in more and more radiant loveliness Mr. Aubrey, as soon as he had recovered from the first shock occasioned by Mr. Parkinson's communication of the proceedings against him, set about acquainting himself, as minutely as he could, with the true state of the case. He had requested that gentleman to obtain from one of the counsel in London, Mr. Crystal, a full account of the case for his—Mr. Aubrey's—own guidance; and on obtaining a remarkably clear and luminous statement, and also consulting the various authorities cited in it—such at least as could be supplied to him by Mr. Parkinson—the vigorous practical understanding of Mr. Aubrey, aided by his patient application, soon mastered the whole case, and enabled him to appreciate his perilous position. Since he could derive no title through the conveyance of Harry Dreddlington (which had been got in by Geoffrey Dreddlington,) owing to the death of the former in his The ancient city of York exhibited, on the commission day of the spring assizes for the year 18—, the usual scene of animation and excitement. The High Sheriff, attended by an imposing retinue, went out to meet the judges, and escorted them, amid the shrill clangor of trumpets, to the Castle, where the commission was opened with the usual formalities. The judges were Lord Widdrington, the Lord Chief-Justice of the King's Bench, and Mr. Justice Grayley, a puisne judge of the same court—both admirable lawyers. The former was possessed of the more powerful intellect. He was what may be called a great scientific lawyer, referring everything to principle, as extracted from precedent. Mr. Justice Grayley was almost unrivalled in his knowledge of the details of the law; his governing maxim being ita lex scripta. Here his knowledge was equally minute and accurate, and most readily applied to every case brought before him. Never sat there upon the bench a more painstaking judge—one more anxious to do right equally in great things as in small. Both were men of rigid integrity: 'tis a glorious thing to be able to challenge the inquiry—when, for centuries, have other than men of rigid integrity sat upon the English Bench? Lord Soon after the sitting of the court, on the ensuing morning—"Will your Lordship allow me," rose and inquired the sleek, smiling, and portly Mr. Subtle, dead silence prevailing as soon as he had mentioned the name of the cause about which he was inquiring, "to mention a cause of Doe on the demise of Titmouse v. Jolter—a special jury cause, in which there are a great many witnesses to be examined on both sides—and to ask that a day may be fixed for it to come on?" "Whom do you appear for, Mr. Subtle?" inquired his Lordship. "For the plaintiff, my Lord." "And who appears for the defendant?" "The Attorney-General leads for the defendant, my Lord," replied Mr. Sterling, who, with Mr. Crystal, was also retained for the defendant. "Well, perhaps you can agree between yourselves upon a day, and in the mean time similar arrangements may be made for any other special jury causes that may require it." After due consultation, Monday week was agreed upon by the parties, and fixed by his Lordship, for the trial of the cause.—During the Sunday preceding it, York was crowded with persons of the highest distinction from all parts of the county, who felt interested in the result of the great cause of the assizes. About mid-day a dusty travelling carriage and four dashed into the streets from the London road, and drove up to the He came to lead against a formidable opponent. Mr. Subtle was the leader of the Northern circuit, a man of matchless tact and practical sagacity, and consummately skilful in the conduct of a cause. The only thing he ever looked at, was the verdict; to the gaining of which he directed all his energies, and sacrificed every other consideration. As for display, he despised it. A speech, as such, was his aversion. He entered into a friendly, but exquisitely crafty conversation with the jury; for he was so quick at perceiving the effect of his address on the mind of each of the twelve, and dexterous in accommodating himself to what he had detected to be the passing mood of each, that they individually felt as if they were all the while reasoning with, and being convinced by him. His placid, smiling, handsome countenance, his gentlemanly bearing and insinuating address, full of good-natured cheerful confidence in his cause, were irresistible. Titmouse, Titmouse, methinks the fates favored you in assigning to you Mr. Subtle! Next came Mr. Quicksilver, who had received what may be called a muffling retainer. What a contrast was he to Mr. Subtle! Reckless, rhetorical, eloquent, ready, witty—possessing a vast extent of general knowledge, but rather slenderly furnished with law—he presented to the jury, himself—not his client, or his client's case; infinitely more anxious to make a splendid figure in public, than to secure, by watchful activity, the interests of his clients. Why, then, was such a man retained in the cause? 'Twas a fancy of Quirk's, a vast political admirer of Quicksilver's, who had made one or two most splendid speeches for him in libel cases brought against the Sunday Flash. Gammon most earnestly expostulated, but Quirk was inexorable; and himself carried his retainer to Mr. Quicksilver. Gammon, however, was somewhat consoled by the reflection, that this wild elephant would be, in a manner, held in check by Mr. Subtle and Mr. Lynx, who, he hoped, would prevent any serious mischief from happening. Lynx possessed the qualities which his name would suggest to you. I have partly described him already. He was a man of minute accuracy; and "got up" every case For Mr. Aubrey also was retained a formidable "bar." Mr. Attorney-General was a man much superior, in point of intellect and legal knowledge, to Mr. Subtle. His mind was distinguished by its tranquil power. He had a rare and invaluable faculty of arraying before his mind's eye all the facts and bearings of the most intricate case, and contemplating them, as it were, not successively, but simultaneously. His perception was quick as light; and, at the same time—rare, most rare accompaniment!—his judgment sound, his memory signally retentive. Inferior, possibly, to Mr. Subtle in rapid and delicate appreciation of momentary advantages, he was sagacious, where Mr. Subtle was only ingenious. Mr. Attorney-General had as much weight with the judge as Mr. Subtle with the jury. With the former there was a candor and straightforwardness—a dignified simplicity—which insensibly won the confidence of the judge; who, on the other hand, felt himself obliged to be ever on his guard against the slippery sophistries of Mr. Subtle, whom he thus got to regard with constant suspicion. Mr. Sterling, the second counsel for the defendant, was a king's counsel, and a rival of Mr. Subtle upon the circuit. He was a man of great power; and, on important occasions, no man at the bar could acquit himself with more distinction. As a speaker, he was eloquent and impressive, perhaps deficient in vivacity; but he was Mr. Crystal, with some faults of manner and bearing, was an honorable high-minded man; clear-sighted and strong-headed; an accurate and ready lawyer; vigilant and acute. See, then, the combatants in this memorable encounter; for Titmouse—Mr. Subtle, Mr. Quicksilver, Mr. Lynx; for Mr. Aubrey—Mr. Attorney-General, Mr. Sterling, Mr. Crystal. The consultation of each party was long and anxious. About eight o'clock on the Sunday evening, at Mr. Subtle's lodgings, Messrs. Quirk, Gammon, and Snap, accompanied by Mr. Mortmain, whom they had brought down to watch the case, made their appearance shortly after Mr. Quicksilver and Mr. Lynx. "Our case seems complete, now" said Mr. Subtle, casting a penetrating and most significant glance at Messrs. Quirk and Gammon, and then at his juniors, to whom, before the arrival of their clients and Mr. Mortmain, he had been mentioning the essential link which, a month before, he had pointed out as missing, and the marvellous good fortune by which they had been able to supply it at the eleventh hour. "That tombstone's a godsend, Subtle, isn't it?" said Quicksilver, with a grim smile. Lynx neither smiled nor spoke. He was a very matter-of-fact person. So as the case came out clear and nice in court, he cared about nothing more; at that moment he felt that he should be functus officio!—But whatever might be the insinuation or suspicion implied in the observation of Mr. Subtle, the reader must, by this time, be well aware how little it was warranted by the facts.[30] "I shall open it very quietly," said Mr. Subtle, putting into his pocket his penknife, with which he had been paring his nails, while Mr. Quicksilver had been talking very fast. "What do you think, Mr. Lynx? Had I better allude boldly to the conveyance executed by Harry Dreddlington, and which becomes useless as soon as we prove his death in his father's lifetime?" "Ah! there's that blessed tombstone again," interposed Quicksilver, with a sarcastic smile. —"Or," resumed Mr. Subtle, "content myself with barely making out our pedigree, and let the conveyance of Harry Dreddlington come from the other side?" "I think, perhaps, that the latter would be the quieter and safer course," replied Lynx. "By the way, gentlemen," said Mr. Subtle, suddenly, addressing Messrs. Quirk, Gammon, and Snap, "how do we come to know anything about the mortgage executed by Harry Dreddlington?" "Oh! that you know," replied Quirk, quickly, "we first got scent of in Mr."—— Here he paused suddenly, and turned quite red. "It was suggested," said Gammon, calmly, "by one of the gentlemen whose opinions we have taken in the case—I forget by whom—that, from some recital, it was probable that there existed such an instrument; and that put us on making inquiry." "Nothing more likely," added Mortmain, "than that it, or an abstract, or minute of it, should get into Stephen Dreddlington's hands!" "Ah! well! well!" said Mr. Subtle, shrugging his shoulders,—"I must say there's rather an air of mystery about the case. But—about that tombstone—what sort of witnesses will speak"—— "Will the evidence be requisite," inquired Lynx, "in the plaintiff's case? All we shall have to do will be to "True—true; ah! I'll turn that over in my mind. Rely upon it, I'll give Mr. Attorney-General as little to lay hold of as possible. Thank you, Lynx, for the hint. Now, gentlemen," said he, turning to Messrs. Quirk, Gammon, and Snap, "one other question—What kind of looking people are the witnesses who prove the later steps of the pedigree of Mr. Titmouse? Respectable? eh?—You know a good deal will depend on the credit which they may obtain with the jury!" "They're very decent creditable persons, you will find, sir," said Gammon. "Good, good. Who struck the special jury?" "We did, sir." "Well, I must say that was a very prudent step for you to take! considering the rank in life and circumstances of the respective parties! However, to be sure, if you didn't, they would—so—well; good-night, gentlemen, good-night." So the consultation broke up; and Messrs. Quirk, Gammon, and Snap returned home to their inn in a very serious and anxious mood. "You're a marvellous prudent person, Mr. Quirk," said Gammon, in a somewhat fierce whisper, as they walked along, "I suppose you would have gone on to explain the little matter of Steggars, and so have had our briefs thrown at our heads"—— "Well, well," grunted Quirk, "that was a slip!" Here they reached their inn. Titmouse was staying there; and in Messrs. Quirk, Gammon, and Snap's absence, he had got very drunk, and was quarrelling under the archway with "Boots;" so they ordered him to bed, they themselves sitting up till a very late hour in the morning. The consultation at the Attorney-General's had taken place about three o'clock in the afternoon, within an hour after his arrival; and had been attended by Messrs. Sterling, Crystal, and Mansfield—by Mr. Runnington, and Mr. Parkinson, and by Mr. Aubrey, whom the Attorney-General received with the most earnest expressions of sympathy and friendship; listening to every question and every observation of his with the utmost deference. "It would be both idle and unkind to disguise from you, Aubrey," said he, "that our position is somewhat precarious. It depends entirely on the chance we may have of breaking down the plaintiff's case; for we have but a slender one of our own. I suppose they can bring proof of the death of Harry Dreddlington in his father's lifetime?" "Oh yes, sir!" answered Mr. Parkinson, "there is an old tombstone behind Yatton church which establishes that fact beyond all doubt: and a week or two ago no fewer than five or six persons have been carefully inspecting it; doubtless they will be called as witnesses to-morrow." "I feared as much. Then are ours no more than watching briefs. Depend upon it, they would not have carried on the affair with so high a hand if they had not pretty firm ground under foot! Messrs. Quirk, Gammon, and Snap are tolerably well known in town—not over-scrupulous, eh, Mr. Runnington?" "Indeed, Mr. Attorney, you are right. I don't doubt they are prepared to go all lengths." "Well, we'll sift their evidence pretty closely, at any rate. So you really have reason to fear, as you intimated when you entered the room, that they have valid evidence of Stephen Dreddlington having left issue?" "Mr. Snap told me," said Mr. Parkinson, "this morning, that they would prove issue of Stephen Dreddlington, "Ay, ay—but we mustn't take all for gospel that he would say," replied the Attorney-General, smiling sarcastically. "They've got two houses filled with witnesses, I understand," said Mr. Runnington. "Do they seem Yorkshire people, or strangers?" "Why, most of them that I have seen," replied Parkinson, "seem strangers." "Ah, they will prove, I suppose," said the Attorney-General, "the later steps of the pedigree, when Stephen Dreddlington married at a distance from his native county." They then entered into a very full and minute examination of the case; after which,—"Well," said the Attorney-General, evidently fatigued with his long journey, and rising from his chair, "we must trust to what will turn up in the chapter of accidents to-morrow. I shall be expected to dine with the bar to-day," he added; "but immediately after dinner—say at half-past seven o'clock, I shall be here and at your service, if anything should be required." Then the consultation broke up. Mr. Aubrey had, at their earnest entreaty, brought Mrs. Aubrey and Kate from Yatton, on Saturday; for they declared themselves unable to bear the dreadful suspense in which they should be left at Yatton. Yielding, therefore, to these their very reasonable wishes, he had engaged private lodgings at the outskirts of the town. On quitting the consultation, which, without at the same time affecting over-strictness, he had regretted being fixed for Sunday—but the necessity of the case appeared to warrant it—he repaired to the magnificent minster, where the evening prayers were being read, and where were Mrs. Aubrey and Kate. The prayers were being chanted To return, however—though it is, indeed, like descending from the holy mountain into the bustle and hubbub of the city at its foot—Mr. Parkinson, being most unexpectedly, and as he felt it unfortunately, summoned to Grilston that afternoon, in order to send up some deeds of a distinguished client to London, for the purpose of immediately effecting a mortgage, set off in a post-chaise, at top-speed, in a very unenviable frame of mind; and by seven o'clock was seated in his office at Grilston, busily turning over a great number of deeds and papers, in a large tin case, with the words "Right Honorable the Earl of Yelverton" painted on the outside. Having turned over almost everything inside, and found all that he wanted, he was going to toss back again all the deeds which were not requisite for his immediate purpose, when he happened to see one lying at the very bottom which he We have seen a piece of unexpected good-fortune on the part of Gammon and his client; and the reader will not be disappointed at finding something of a similar kind befalling Mr. Aubrey, even at the eleventh hour. Mr. Parkinson's journey, which he had execrated a hundred times over as he came down, produced a discovery which made him tremble all over with agitation and delighted excitement, and begin to look upon it as almost owing to an interference of Providence. The deed which he looked at, bore an indorsement of the name of "Dreddlington." After a hasty glance over its contents, he tried to recollect by what accident a document, belonging to Mr. Aubrey, could have found its way into the box containing Lord Yelverton's deeds; and it at length occurred to him that, some time before, Mr. Aubrey had proposed advancing several thousand pounds to Lord Yelverton, on mortgage of a small portion of his Lordship's property—but which negotiation had afterwards been broken off; that Mr. Aubrey's title-deeds happened to be at the same time open and loose in his office—and he recollected having considerable trouble in separating the respective documents which had got mixed together. This one, after all, had been by some accident overlooked, till it turned up in this most timely and extraordinary manner! Having hastily effected the object which had brought him back to Grilston, he ordered a post-chaise and four, and within a quarter of an hour was thundering back, at top-speed, on his way to York, which, the horses reeking and foaming, he reached a little after ten o'clock. He jumped out, with the precious deed in his pocket, the instant that his chaise-door was opened, and ran off, without saying more than—"I'm gone to the Attorney-General's." This was heard by many passers-by and persons standing round; A few minutes before nine o'clock on the ensuing morning, the occasional shrill blasts of the trumpets announced that the judges were on their way to the Castle, the approaches to which were crowded with carriages and pedestrians of a highly respectable appearance. As the Castle clock finished striking nine, Lord Widdrington, in a short The jury having been sworn, Mr. Lynx rose, and in a few hurried sentences, to the lay audience utterly unintelligible, intimated the nature of the pleadings in the cause. The Attorney-General then in a low tone requested that all the witnesses might leave the court.[32] As soon as the little disturbance occasioned by this move had ceased, Mr. Subtle rose, and in a low but distinct tone said, "May it please your Lordship—Gentlemen of the Jury,—In this cause I have the honor to appear before you as counsel for the plaintiff; and it now becomes my duty to state as briefly as I can, the nature of his case. It is impossible, gentlemen, that we should not be aware of the unusual interest excited by this cause; and which may be accounted for by the very large estates in this county which are sought this day to be transferred to a comparative stranger, from the family who have long enjoyed them, and of whom I am anxious to say everything respectful; for you will very soon find that the name on the record is that of only the nominal defendant; and although all that is professed to be this day sought to be recovered is a very trifling portion of the property, your verdict will undoubtedly in effect decide the question as to the true ownership and enjoyment of the large estates now held by the gentleman who is the substantial defendant—I mean Mr. Aubrey, the member of Parliament for the borough of Yatton; for whatever answer he might make to an action brought to recover his whole estate, he must make upon the present occasion." Aware of the "Not so fast, sir," gruffly interposed Lord Widdrington, addressing the witness. "Take time, Mr. Jones," said Mr. Subtle, kindly, fearful of ruffling or discomposing an important witness. The Attorney-General rose to cross-examine; pressed him quietly but closely; varied the shape of his questions; now he soothed, then he startled by his sternness; but sat down, evidently having produced no impression. Thus it was with one or two succeeding witnesses; the Attorney-General, on each occasion, resuming his seat after his abortive efforts with perfect composure. At length, however, by a very admirable and well-sustained fire of cross-questioning, he completely demolished a material witness; and the hopes of all interested in behalf of his clients rose high. Mr. Subtle, who had been all the while paring his nails, and from time to time smiling with a careless air, (though you might as safely have touched a tigress suckling her cubs as attempted at that moment to disturb him, so absorbed was he in intense anxiety,) believing that he could establish the same facts by another and, as he thought, a better witness, did not re-examine; but calling that other, with an air of nonchalance, succeeded "I object, my Lord, to that question," said Mr. Attorney-General, as Mr. Subtle, amid many indifferent and apparently irrelevant questions, quietly slipped in one of the greatest possible importance and advantage to him—had it been answered as he desired. 'Twas quite delightful to see the Attorney-General and his experienced and watchful juniors all rise at one and the same instant: showing how vain were the tricks and ingenuity of their sly opponent. Mr. Attorney-General stated his objection briefly and pointedly; Mr. Subtle answered him, followed by Quicksilver and Lynx; and then Mr. Attorney-General replied, with great force and clearness. This keen encounter of their wits over— "I shall allow the question to be put," said Lord Widdrington, after a pause—"But I have great doubts as to its propriety. I will therefore take a note of Mr. Attorney-General's objection." Four or five similar conflicts arose during the course of the plaintiff's case:—now concerning the competency of a witness—then as to the admissibility of a document, or the propriety of a particular question. On each of these occasions there were displayed on both sides consummate logical skill and acuteness, especially by the two leaders. Distinctions, the most delicate and subtle, were suggested with suddenness, and as promptly encountered; the most artful manoeuvres to secure dangerous admissions resorted to, and baffled; the most recondite principles of evidence brought to bear with admirable readiness on both sides. To deal with them, required, indeed, the practised, penetrating, and powerful intellect of Lord Widdrington. Some points he disposed of promptly to the satisfaction of both parties; "That, my Lord," said he, as he sat down after re-examining his last witness, "is the case on the part of the plaintiff." On this the judge and jury withdrew, for a short time, to obtain refreshment. During their absence, the Attorney-General, Mr. Sterling, Mr. Crystal, and Mr. Mansfield, might have been seen, with their heads all laid close together, engaged in anxious consultation—a group gazed at by the eager eyes of many a spectator, whose beating heart wished their cause godspeed. The Attorney-General then withdrew for a few moments, also to seek refreshment; and returning at the same time with the judge, after a moment's pause rose, bowed to the judge, "Not a bit of it, gentlemen, not a bit of it—'tis a part of my case. My learned friend is quite right; Harry Dreddlington did die in his father's lifetime:—but"—— Here Mr. Subtle gazed at the Attorney-General with unaffected curiosity; and when the latter came to mention "the Deed of Confirmation by the father of Harry Dreddlington," an acute observer might have observed a slight change of color in Mr. Subtle. Lynx looked at the "What, 'confirm' a nullity, Mr. Attorney-General?" interrupted Mr. Subtle, laying down his pen with a smile of derision; but a moment or two afterwards, "Mr. Mortmain," said he, in a hasty whisper, "what do you think of this? Tell me—in four words"—Mortmain, his eye glued to the face of the Attorney-General the while, muttered hastily something about "operating as a new grant—as a new conveyance." "Pshaw! I mean what's the answer to the Attorney-General?" muttered Mr. Subtle, impatiently; but his countenance preserved its expression of smiling nonchalance. "You will oblige me, Mr. Mortmain," he by-and-by whispered in a quiet but peremptory tone, "by giving your utmost attention to the question as to the effect of this deed—so that I may shape my objection to it properly when it is tendered in evidence. If it really have the legal effect attributed to it, and which I suspect it really to have, we may as well shut up our briefs. I thought there must be some such cursed point or other in the background!" Gammon saw the real state of Mr. Subtle's mind, and his cheek turned pale, but he preserved a smile on his countenance, as he sat with his arms folded. Quirk eyed him with undisguised agitation, scarce daring to look up at Mr. Subtle. Titmouse, seeing a little dismay in his camp, turned very white and cold, and sat still, scarce daring to breathe; while Snap looked like a terrier consciously going to have its teeth pulled out! At length the Attorney-General, after stating that, in addition to the case which he had intimated, as resting mainly on the deed of confirmation, he should proceed to prove the pedigree of Mr. Aubrey, sat down, having spoken about two hours and a half, expressing his conviction that "James Parkinson!" exclaimed Mr. Sterling, quietly but distinctly, as the Attorney-General sat down. "You are the attorney for the defendant?" inquired Mr. Sterling, as soon as the witness had been sworn. "Do you produce a conveyance between Harry Dreddlington and Moses Aaron?" &c. (specifying it.) It was proved and put in, without much opposition. So also was another—the assignment from Moses Aaron to Geoffrey Dreddlington. "Do you also produce a deed between Harry Dreddlington the elder and Geoffrey Dreddlington?" and he mentioned the date and names of all the parties to the deed of confirmation. Mr. Parkinson handed in the important document. "Stay, stay; where did you get that deed, Mr. Parkinson?" inquired Mr. Subtle, sharply, extending his hand for the deed. "From my office at Grilston, where I keep many of Mr. Aubrey's title-deeds." "When did you bring it hither?" "About ten o'clock last night, for the purpose of this trial." "How long has it been at your office?" "Ever since I fetched it, a year or two ago, with other deeds from the muniment room of Yatton Hall." "How long have you been solicitor to Mr. Aubrey?" "For this ten years; and my father was solicitor to his father for twenty-five years." "Will you swear that this deed was in your office "I have not the slightest doubt in the world." "That does not satisfy me, sir. Will you swear that it was?" "I will, sir," replied Mr. Parkinson, firmly. "It never attracted any more notice from me than any other of Mr. Aubrey's deeds, till my attention was drawn to it in consequence of these proceedings." "Has any one access to Mr. Aubrey's deeds at your office but yourself?" "None that I know of; I keep all the deeds of my clients which are at my office, in their respective boxes; and allow no one access to them, except under my immediate notice, and in my presence." Then Mr. Subtle sat down. "My Lord, we now propose to put in this deed," said the Attorney-General, unfolding it. "Allow me to look at it, Mr. Attorney," said Mr. Subtle. It was handed to him; and he, his juniors, and Mr. Mortmain, rising up, were engaged most anxiously in scrutinizing it for some minutes. Mortmain having looked at the stamp, sat down, and opening his bag, hastily drew out an old well-worn volume which contained all the stamp acts that had ever been passed from the time of William the Third, when, I believe, the first of those blessings was conferred upon this country. First he looked at the deed—then at his book—then at the deed again; and at length might be seen, with earnest gestures, putting Mr. Subtle in possession of some opinion which he had formed on the subject. "My Lord," said Mr. Subtle, after a pause, "I object to this instrument being received in evidence, on account of the insufficiency of the stamp." This produced quite a sensation in court. Mr. Subtle then proceeded to "I certainly entertain some difficulty on the point," said his Lordship, "and will mention the matter to my brother Grayley." Taking with him the deed, and Mr. Mortmain's copy of the stamp acts, his Lordship left the court, and was absent a quarter of an hour—half an hour—three quarters of an hour; and at length returned. "I have consulted," said his Lordship, as soon as he had taken his seat amid the profoundest silence, "my brother Grayley, and we have very fully considered the point. My brother happens, fortunately, to have by him a manuscript note of a case in which he was counsel, about eighteen years ago, and in which the exact point arose which exists in the present case." He then read out of a thick manuscript book, which he had brought with him from Mr. Justice Grayley, the particulars of the case alluded to, and which were certainly almost precisely similar to those then before the court. In the case referred to, the stamp had been held sufficient; and so, his Lordship and his brother Grayley were of opinion, was the stamp in the deed then before him. The cloud which had settled upon the countenances of the Attorney-General and his party, here flitted over to, and settled upon, those of his opponents. "Your Lordship will perhaps take a note of the objection," said Mr. Subtle, somewhat chagrined. Lord Widdrington nodded, and immediately made the requisite entry in his notes. "Now, then, we propose to put in and read this deed," said the Attorney-General, with a smile of suppressed triumph, holding out his hand towards Mr. Lynx, who was scrutinizing it very eagerly—"I presume my learned friend will require only the operative parts to be read"—here Lynx, with some excitement, called his leader's attention to something which had occurred to him in the deed: up got Quicksilver and Mortmain; and presently— "Not quite so fast, Mr. Attorney, if you please," said Mr. Subtle, with a little elation of manner—"I have another, and I apprehend a clearly fatal objection to the admissibility of this deed, till my learned friend shall have accounted for an erasure"—— "Erasure!" echoed the Attorney-General, with much surprise—"Allow me to see the deed;" and he took it with an incredulous smile, which, however, disappeared as he looked more and more closely at the instrument; Mr. Sterling, Mr. Crystal, and Mr. Mansfield also looking extremely serious. "I've hit them now," said Mr. Subtle to those behind him, as he leaned back, and looked with no little triumph at his opponents—"Was there ever anything so lucky in this world before?" From what apparently inadequate and trifling causes often flow great results! The plain fact of the case was merely this. The attorney's clerk, in copying out the deed, which was one of considerable length, had written eight or ten words by mistake; and fearing to exasperate his master, by rendering necessary a new deed and stamp, and occasioning trouble and delay, had neatly scratched out the erroneous words, and over the erasure written the correct ones. As he was the party who was intrusted with seeing to and witnessing the execution of the instrument, he of course took no notice of the alteration, and—see the result! The "Hand me up the deed," said the judge; and inspected it minutely for a minute or two, holding it up, once or twice, to the light. "Has any one a magnifying-glass in court?" inquired the Attorney-General, with a look of increasing anxiety. No one happened to have one. "Is it necessary, Mr. Attorney?" said Lord Widdrington, handing down the instrument to him with an ominous look. "Well—you object, of course, Mr. Subtle—as I understand you—that this deed is void, on account of an erasure in a material part of it?" inquired Lord Widdrington. "That is my objection, my Lord," said Mr. Subtle, sitting down. "Now, Mr. Attorney," continued the judge, turning to the Attorney-General, prepared to take a note of any observations which he might offer. The spectators—the whole court—were aware that the great crisis of the case had arrived; and there was a sickening silence. The Attorney-General, with perfect calmness and self-possession, immediately addressed the court in answer to this very critical and unexpected objection. That there was an erasure, which, owing to the hurry with which the instrument had been examined, had been overlooked, was indisputable. The Attorney-General's argument was, first, that the erasure was in a part not material; secondly, that even if in a material part of the deed, it would not be avoided, but the alteration would be presumed to have taken place before the execution of the deed.[33] It was easy to see that he spoke with the air of a man who argues contra spem. What he said, however, was pertinent and forcible; the same might be said of Mr. Sterling "Well," said Lord Widdrington, when Mr. Subtle had concluded, "I own I feel scarcely any doubt upon the matter; but as it is certainly of the greatest possible importance in the present case, I will just see how it strikes my brother Grayley." With this he took the deed in his hand and quitted the court. He touched Mr. Aubrey, in passing to his private room, holding the deed before him! After an absence of about ten minutes, Lord Widdrington returned. "Silence! silence there!" bawled the crier; and the bustle had soon subsided into profound silence. "I think, and my brother Grayley agrees with me," said Lord Widdrington, "that I ought not to receive this deed in evidence, unless the erasure occurring in an essential part of it be first accounted for. Unless, therefore, you are prepared, Mr. Attorney, with any evidence of that kind, I shall not receive the deed." The Attorney-General bowed, in silence, to his Lordship. There was a faint buzz all over the court—a buzz of excitement, anxiety, and disappointment; during which the Attorney-General consulted for a moment or two with his juniors. "Undoubtedly, my Lord," said he at length, "we are not prepared with any evidence to explain a circumstance which has taken us entirely by surprise. After this length of time, my Lord, of course"—— "Certainly—it is a great misfortune for the parties—a great misfortune. Of course you tender the deed in evidence?" he continued, taking a note. "We do, my Lord, certainly," replied the Attorney-General; and sitting down, he and his juniors took a note of the decision; Lord Widdrington and the Attorney-General's opponents doing the same. You should have seen the faces of Messrs. Quirk, Gammon, and Snap, as they looked at Mr. Parkinson, with an agitated air, returning the rejected deed to the bag from which it had been lately taken with so confident and triumphant an air!—The remainder of the case, which had been opened by the Attorney-General on behalf of Mr. Aubrey, was then proceeded with; but in spite of all their assumed calmness, the disappointment and distress of his counsel were perceptible to all. They were now dejected—they felt that the cause was lost, unless some extraordinary good fortune should yet befall them. They were not long in establishing the descent of Mr. Aubrey from Geoffrey Dreddlington. It was necessary to do so; for grievously as they had been disappointed in failing to establish the title paramount, founded upon the deed of confirmation of Mr. Aubrey, it was yet an important question for the jury, whether they believed the evidence adduced by the plaintiff to show title in himself. "That, my Lord, is the defendant's case," said the Attorney-General as his last witness left the box; and Mr. Subtle then rose to reply. He felt how unpopular was his cause; that almost every countenance around him bore a hostile expression. Privately, he loathed his case, when he saw the sort of person for whom he was struggling. All his sympathies (he was a very proud, haughty man) were on behalf of Mr. Aubrey, whom by name and reputation he well knew, and with whom he had often sat in the House of Commons. Now, conspicuous before him, sat his little monkey-client, Titmouse—a ridiculous object; and calculated, if there were any scope for the influence of prejudice, to ruin his own cause by the exhibition of himself before the jury. That was the vulgar idiot who was to turn the admirable Aubreys out of Yatton, and send them beggared into the world! But Mr. Subtle "Who is that? Leave the court, sir! Your conduct is most indecent, sir! I have a great mind to commit you, sir!" said Lord Widdrington, directing an awful look down to the offender, who had turned of a ghastly whiteness. "Have mercy upon me, my Lord! I'll never do it again," he groaned, clasping his hands, and verily believing that Lord Widdrington was going to take the estate away from him. Snap at length succeeded in getting him out of court, and after the excitement occasioned by this irregular interruption had subsided, Mr. Subtle resumed:— "Gentlemen," said he, in a low tone, "I perceive that you are moved by this little incident; and it is characteristic of your superior feelings. Inferior persons, destitute of sensibility or refinement, might have smiled at eccentricities, which occasion gentlemen like yourselves only feelings of greater commiseration. I protest, gentlemen"—— his voice trembled for a moment, but he soon resumed his self-possession; and, after a long and admirable address, sat down, confident of the verdict. "If we lose the verdict, sir," said he, bending down and whispering into the ear of Gammon, "we may thank that execrable little puppy for it." Gammon changed color, but made no reply. Lord Widdrington then commenced summing up the case to the jury with his usual care and perspicacity. Nothing could be more beautiful than the ease with "Gentlemen of the jury, have the goodness," said the associate, "to answer to your names.—Sir Godolphin Fitzherbert"—— and, while their names were thus called over, all the counsel took their pens, and, turning over their briefs with an air of anxiety, prepared to indorse on them the verdict. As soon as all the jurymen had answered, a profound silence ensued. "Gentlemen of the jury," inquired the associate, "are "For the plaintiff," replied the foreman; on which the officer, amid a kind of blank dismayed silence, making at the same time some hieroglyphics upon the record, muttered—"Verdict for the Plaintiff.—Damages, one shilling. Costs, forty shillings;" while another functionary bawled out, amid the increasing buzz in the court, "Have the goodness to wait, gentlemen of the jury. You will be paid immediately." Whereupon, to the disgust and indignation of the unlearned spectators, and the astonishment of some of the gentlemen of the jury themselves—many of them the very first men of the county—Snap jumped up on the form, pulled out his purse with an air of wild exultation, and proceeded to remunerate Sir Godolphin Fitzherbert and his companions with the sum of two guineas each. Proclamation was then made, and the court adjourned till the next morning. |