Ten Thousand a-Year. Volume 1

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 watchful and formidable opponent who would in due time answer him, and also of being himself entitled to the general reply—to the last word—Mr. Subtle proceeded to state the nature of the plaintiff's case with the utmost brevity and clearness. Scarcely any sound was heard but that of the pens of the short-hand writers, and of the counsel taking their notes. Mr. Subtle, having handed up two or three copies of the pedigree which he held in his hand to the judge, the jury, and his opponents, pointed out with distinctness and precision every link in the chain of evidence which he intended to lay before the jury; and having done this—having presented as few salient points of attack to his opponent as he possibly could—he sat down, professing his entire ignorance of what case could be set up in answer to that which he had opened. He had not been on his legs quite half an hour; and when he ceased—how he had disappointed every one present, except the judge and the bar! Instead of a speech apparently befitting so great an occasion—impressive and eloquent—here had been a brief dry statement of a few uninteresting facts—of dates, of births, deaths, marriages, registers, entries, inscriptions, deeds, wills—without a single touch of feeling, or ray of eloquence. The momentary feeling of disappointment in the audience, however—almost all of whom, it may easily be believed, were in the interest of the Aubreys—quickly yielded to one of satisfaction and relief; as they thought they might regard so meagre a speech as heralding as meagre a case. As soon as he had sat down, Mr. Quicksilver rose and called the first witness. "We're safe!" said the Attorney-General to Mr. Sterling and Mr. Crystal, with his hand before his mouth, and with the very faintest whisper that could be audible to those whom he addressed; and the witness having been sworn, they all resumed their seats and their writing. The first and the subsequent witness established one or two preliminary and formal points—the Attorney-General scarcely rising to put a question to them. The third witness was examined by Mr. Subtle with apparent unconcern, but really with exquisite anxiety. From the earnestness and attention with which the words of the witness were watched and taken down by both the judge and the counsel, who knew somewhat better than the audience where the strain of the case commenced, it must have appeared to the latter, that either Mr. Subtle under-estimated, or his opponents over-estimated, the value of the evidence now in process of being extracted by Mr. Subtle, in short, easy, pointed questions, and with a bland and smiling countenance.

"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 in extracting from him all that the former had failed in; baffling all the attempts of the Attorney-General to affect his credit. At length, another witness being in the box,—

"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. 'T was 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 manœuvres 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; on others he hesitated, and at length reserved them. Though none but the more experienced and able members of the bar could in the least degree enter into and appreciate the nature of these conflicts, they were watched with untiring attention and eagerness by all present, both ladies and gentlemen—by the lowly and the distinguished. And though the intensity of the feelings of all was manifest by a mere glimpse round the court, yet any momentary display of eccentricity on the part of a witness, or of petulance or repartee on the part of counsel, would occasion a momentary merriment which, in point of fact, served only as a sort of relief to the strained feelings of the audience, and instantly disappeared. The tombstone part of the case was got through easily; scarcely any attempt being made on the part of Mr. Aubrey's counsel to resist or interfere with it. But the great—the hottest part of the fight—occurred at that point of the case, where Titmouse's descent from Stephen Dreddlington was sought to be established. This gentleman, who had been a very wild person, whose movements were very difficult to be traced or accounted for, had entered the navy, and ultimately died at sea, as had always been imagined, single and childless. It was proved, however, that so far from such being the case, he had married a person at Portsmouth, of inferior station, and that by her he had a daughter, only two years before his death. Both mother and daughter, after undergoing great privation, and no notice being taken of the mother by any of her late husband's family, removed to the house of a humble and distant relative in Cumberland, where the mother afterwards died, leaving her daughter only fifteen years old. When she grew up, she lived in some menial capacity in Cumberland, and ultimately married one Gabriel Tittlebat Titmouse; who, after living for some years a cordwainer at Whitehaven, found his way to Grilston, in Yorkshire, in the neighborhood of which town he had lived for some years in very humble circumstances. There he had married; and about two years afterwards his wife died, leaving a son—our friend Tittlebat Titmouse. Both of them afterwards came to London: where, in four or five years' time, the father died, leaving the little Titmouse to flutter and hop about in the wide world as best he could. During the whole of this part of the case, Mr. Gammon had evinced deep anxiety; and at a particular point—perhaps the crisis—his agitation was excessive; yet it was almost entirely concealed by his remarkable self-control. The little documentary evidence of which Gammon, at his first interview with Titmouse, found him possessed, proved at the trial, as Gammon had foreseen, of great importance. The evidence in support of this part of the case, and which it took till two o'clock on the ensuing afternoon to get through, was subjected to a most determined and skilful opposition by the Attorney-General, but in vain. The case had been got up with the utmost care, under the excellent management of Lynx; and Mr. Subtle's consummate tact and ability brought it, at length, fully and distinctly out before the jury.

"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, then to the jury, and opened the defendant's case. His manner was calm and impressive; his person was dignified; and his clear, distinct voice fell on the listening ear like the sound of silver. After a graceful allusion to the distinguished character of his friend and client, Mr. Aubrey, (to whose eminent position in the House of Commons he bore his personal testimony,) to the magnitude of the interests now at stake, and the extraordinary nature of the claim set up, he proceeded: "On every account, therefore, I feel sensible, gentlemen, to an unusual and most painful extent, of the very great responsibility now resting upon my learned friends and myself; lest any miscarriage of mine should prejudice in any degree the important interests committed to us, or impair the strength of the case which I am about to submit to you on the part of Mr. Aubrey; a case which, I assure you, unless some extraordinary mischance should befall us, will, I believe, annihilate that which, with so much pains, so much tact, and so much ability, has just been laid before you by my learned friend Mr. Subtle; and establish the defendant in the safe possession of that large property which is the subject of the present most extraordinary and unexpected litigation. But, gentlemen, before proceeding so far as that, it is fitting that I should call your attention to the nature of the case set up on the part of the plaintiff, and the sort of evidence by which it has been attempted to be supported; and I am very sanguine of being successful in showing you that the plaintiff's witnesses are not entitled to the credit to which they lay claim; and, consequently, that there is no case made out for the defendant to answer." He then entered into a rigorous analysis of the plaintiff's evidence, contrasting each conflicting portion with the other, with singular cogency; and commenting with powerful severity upon the demeanor and character of many of the witnesses. On proceeding, at length, to open the case of the defendant—"And here, gentlemen," said he, "I am reminded of the observation with which my learned friend concluded—that he was entirely ignorant of the case which we meant to set up in answer to that which he had opened on the part of the plaintiff. Gentlemen, it would have been curious, indeed, had it been otherwise—had my friend's penetrating eye been able to inspect the contents of my client's strong-box—and so become acquainted with the evidence on which he rests his title to the property now in dispute. My learned friend has, however, succeeded in entitling himself to information on that point; and he shall have it—and to his heart's content." Here Mr. Subtle cast a glance of smiling incredulity towards the jury, and defiance towards the Attorney-General. He took his pen into his hand, however, and his juniors looked very anxious. "Gentlemen," continued the Attorney-General, "I am ready to concede to my learned friend every inch of the case which he has been endeavoring to make out; that he has completely established his pedigree.—At all events, I am ready to concede this for the purpose of the case which is now under discussion before you." He then mentioned the conveyance by Harry Dreddlington of all his interest–"You forget that he died in his father's lifetime, Mr. Attorney-General," interposed Mr. Subtle, with a placid smile, and the air of a man who is suddenly relieved from a vast pressure of anxiety.

"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 Attorney-General as if he expected every instant to receive a musket-ball in his breast!

"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 when the defendant's evidence should have been closed, the jury, under his Lordship's direction, would return a verdict for the defendant; and that, too, without leaving the jury-box, where, by their long and patient attention, they had so honorably acquitted themselves of the important duty imposed upon them by the constitution.

"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 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 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 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 Lordship 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 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 ownership 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-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 and Mr. Crystal; but they were all plainly gravelled. Mr. Subtle replied with cruel cogency.