Ten Thousand a-Year Volume I Part 48

"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 doc.u.ment.

"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 t.i.tle-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 before the proceedings in this action were brought to your notice?"

"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 pa.s.sed 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 mention the character of the stamp affixed to the deed, and read the act which was in force at the time that the deed bore date; and, after a few additional observations, sat down, and was followed by Mr. Quicksilver and Mr. Lynx. Then arose the Attorney-General, having in the mean time carefully looked at the act of Parliament, and submitted to his Lords.h.i.+p that the stamp was sufficient; being followed by his juniors. Mr. Subtle replied at some length.

"I certainly entertain some difficulty on the point," said his Lords.h.i.+p, "and will mention the matter to my brother Grayley." Taking with him the deed, and Mr. Mortmain's copy of the stamp acts, his Lords.h.i.+p 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 Lords.h.i.+p, 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 ma.n.u.script 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 ma.n.u.script 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 Lords.h.i.+p 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 Lords.h.i.+p 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 owners.h.i.+p of an estate of ten thousand a-year about to turn upon the effect of this erasure!

"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-gla.s.s 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 and Mr. Crystal; but they were all plainly _gravelled_. Mr. Subtle replied with cruel cogency.

"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 pa.s.sing 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 Lords.h.i.+p.

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 circ.u.mstance 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 a.s.sumed 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 establis.h.i.+ng 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 t.i.tle 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 t.i.tle 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, t.i.tmouse--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 was a high-minded English advocate; and if he had seen Miss Aubrey in all her loveliness, and knew that her _all_ depended upon the success of his exertions, he could hardly have exerted himself more strenuously than he did on the present occasion.

And such, at length, was the effect which that exquisitely skilful advocate produced, in his address to the jury, that he began to bring about a change in the feelings of most around him; even the eye of scornful beauty began to direct fewer glances of indignation and disgust upon t.i.tmouse, as Mr. Subtle's irresistible rhetoric drew upon their sympathies in that young gentleman's behalf. "My learned friend, the Attorney-General, gentlemen, dropped one or two expressions of a somewhat disparaging tendency," said Mr. Subtle, "in alluding to my client, Mr. t.i.tmouse; and shadowed forth a disadvantageous contrast between the obscure and ignorant plaintiff, and the gifted defendant.

Good heavens, gentlemen! and is my humble client's misfortune to become his fault? If he be obscure and ignorant, unacquainted with the usages of society, deprived of the blessings of a superior education--if he have contracted vulgarity, _whose fault is it_?--Who has occasioned it?

Who plunged him and his parents before him into an unjust poverty and obscurity, from which Providence is about this day to rescue him, and put him in possession of his own? Gentlemen, if topics like these must be introduced into this case, I ask you _who is accountable_ for the present condition of my unfortunate client? Is he, or are those who have been, perhaps unconsciously, but still unjustly, so long revelling in the wealth which is his? Gentlemen, in the name of everything that is manly and generous, I challenge your sympathy, your commiseration, for my client." Here t.i.tmouse, who had been staring open-mouthed for some time at his eloquent advocate, and could be kept quiet no longer by the most vehement efforts of Messrs. Quirk, Gammon, and Snap, rose up in an excited manner, exclaiming, "Bravo! bravo, bravo, sir! 'Pon my life, capital! It's quite true--bravo! bravo!" His astounded advocate paused at this unprecedented interruption. "Take the puppy out of court, sir, or I will not utter one word more," said he, in a fierce whisper to Mr.

Gammon.

"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, dest.i.tute 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 which he extricated the facts of the case from the meshes in which they had been alternately involved by Mr. Subtle and the Attorney-General. As soon as he had explained to them the general principles of law applicable to the case, he placed before them the facts proved by the plaintiff, and then the answer of the defendant: every one in court trembling for the result, if the jury should take the same view which he felt compelled himself to take. The judge suggested that they should retire to consider the case, taking with them the pedigrees which had been handed in to them; and added that, if they should require his a.s.sistance, he should remain in his private room for an hour or two. Both judge and jury then retired, it being about eight o'clock. Candles were lit in the court, which continued crowded to suffocation. Few doubted which way the verdict would go. Fatigued as must have been most of the spectators with a two days' confinement and excitement,--ladies as well as gentlemen,--scarce a person thought of quitting before the verdict had been p.r.o.nounced. After an hour and a half's absence, a cry was heard from the bailiff in whose charge the jury had retired--"Clear the way for the jury;" and one or two officers, with their wands, obeyed the directions. As the jury were re-entering their box, struggling with a little difficulty through the crowd, Lord Widdrington resumed his seat upon the bench.