LITERATURE.
TOUCH-AND-GO WITH A GREAT ESTATE. (“London Society.”) ( Continued,) I noticed that ho was certainly reading, and was pleased to think that the yonng fellow was at any rate trying not to waste bis time. Indeed, to be interested Inßlaokstono was more than I had ever been in the days of my articles. I felt sure that, if it had not been for this terrible affair of the Brambles, It would have pleased my father also, who wished the young man well. It may seem odd that I should bring so slight an incident as this into my story; but it struck me at tho time that the fact of Dick Musty’s keeping away from his lodgings and his Greek and his Latin to read law in our lumber room was stranger even than Horace Jones’ return from the grave. My father, though hotter, was still very weak ; but he could never rest at night nnttl I had told him everything abont the day’s work, so that I could not put the last piece of bad news off till to-morrow.
‘We must have counsel to plead to the declaration and advise,’ said he,' without one word of courage. *Go to the Brambles to-morrow and sea poor Miss Peggy, and tall her not to down-hearted, poor girl. Try and look cheerful, Tom. If we are to lose, we’ll lose hard. C£ course you’ll see that she Instructs you. Let me see—if It comes to the assizes, we’ll have Markham—send him a retainer at once, before the other side can get him. And I’ll tell you what— You shall go to London and see Winter himself about the pleadings. There’s no living man better. Hang the costs 1 If we can’t get them from the other side, we’ll do without ’em, Tom. Miss Peggy shan't be a penny the poorer for me. Tom, this isn’t a private case. It’s a public cause.’ My poor father, though as good a man of business as ever stepped, had, I always used to think, a good deal of the knight-errant about him for a sober attorney. I could see he knew it was a losing fight from the very beginning; but—well, I suppose, like every other man in Burgham, myself Included, he was in love with Miss Peggy Jones. At any rate, I sympathised with his reckless scorn of costs in such a cause, and half-wished 1 had the moral courage to forge a long-lost will to checkmate the long-lost heir. I went over to the Brambles next day and found Miss Margaret very grave and quiet and calm. I had expected to find her in so very different a mood, that I knew not what to say. * I hear you told Mr Yiner yesterday that I ought to defend this case,’ said ehe. l On what ground ? Do you really suppose it is an impostor, and not my uncle Horace, who has put forward this claim ? On your honour, Mr Key, do you believe that my uncle is dead, and that some person has falsely assumed his name ?’
I could not play with the truth before such straight true eyes as hers. ‘I cannot tell you what I think,’ said I. ‘ But I know, as my father says too. that he mnat prove himself up to the hilt, that’s all.’ ‘ No. If he mates me believe it, that must be enough for me. I must not leave it to judges and juries to toll me what I ought do. And I do believe him to bo my uncle, my own father’s brother, Horace Jones.’ ‘Good Heaven!’ I exclaimed, ‘ you cannot mean that you will, without the strictest proof, let you father’s land go to such a man, to such a woman ; that you will throw away all your own happiness, all the good and welfare of yonr native town—’ • My own happiness will not suffer,’ thank God 1 ’ said she, with a grave smile that told me how well she had learned that her future husband’s love did not hang one jot upon house or land ; and I wished that Evelyn Yiner were by, that I might take hla hand and tell him. In the name of the whole
town, that he was worthy to be the husband of even Margaret Jones, rich or poor. I suppose they had talked it over yesterday, and had decided what was right for them to do, like a couple of fools. ‘Of course I am sorry if my undo is not likely to prove so good a neighbor as wo—l—should have tried t i be. But Justice is Justice, Mr Key, and X cannot try to keep what is not my own. ’ 4 It is not Justice,’ said I, and I am of the same opinion still. ‘ Your grandfather believed his eldest son dead. Ho meant yonr father to have the Brambles. Why should he have made a will ?’ * How do we know that ho believed my nnole dead ?’ asked she. * Because he made no will. ’ But that was bad logic, and I knew It when I said so. ‘ Madam, you must compel this man to prove himself your uncle to the satisfaction of all England. It is your duty as your father's daughter; yonr duty to all Burgham,' said L
She sighed. * I want to do my duty,’ said she. ‘ And you, and ycur father, want to help me to do It, I knew. Please do not stand in my way.’ 4 At least. Miss Jones, allow my father to be satisfied that he is the man he claims to be. We have no evidence at all— ’ * Moral evidence,’ said she, * and to spare.’ ‘ Moral rubbish!’ lam afraid I exclaimed. * Let us be convinced a little more than morally ; we will not work against justice, you may be sure. That is due to us, because we are your friends.’ ‘ I know that,’ said aho.
* We must plead to this declaration within a certain time. Authorise me to do that for yon—that will commit yon to nothing ; and meanwhile we will satisfy ourselves whether it is necessary that the Brambles should be the property of an—uncle. Only give us time, in order that wo may be sure.' ‘I think there can be no harm in that,’ said she, though I could see the impulse was upon her to leave the Brambles that very hour. ‘Of course it is right for oar friends to know that we are not doing wrong in what we do. And no doubt our uncle’s title, for his children’s sake, ought to be made clear.’
She was using Queen's grammar; but I knew what she meant by her ‘We’ and * Our ’ very well. To fight a lost battle is bad enough ; but to fight it for a client who is determined to lose is harder still. However, 1 had to be content with the very limited power I was allowed, only taking care to strain it as far as possible. 1 at once sent a retainer to Serjeant Markham, who then led our circuit, though pretty certain that the fee was thrown away. Then I set hard to work upon instructions for Mr Winter to plead and advise, more particularly upon the evidence that would be required. Mr Winter was the great pleader of the day. As we had no intention of getting our costs, we might indulge in any expense we pleased, and lose with a flourish and with all the honors of war.
It was of course exceedingly inconvenient that I, in my father’s state of health, shonld be up in town and away from the office for even a day or two. But there was no help for it. Such a case demanded our moat extreme personal attention, and my father would not be satisfied without a conference with Mr Winter. Happily, we had no other business on hand that was immediately pressing. So I left our managing clerk in charge ; arranged that all letters and clients who could not be put off should be brought or sent to my father at his house ; gave Musty, for form’s sake, a lot of work that would keep for many months, with strict injunctions to let me find It finished by my return ; and travelled up to London. I must own that Messrs Heath and Crane, who were the claimant’s attorneys, met me in the most open and straightforward manner. They concealed nothing, and showed no symptom of wishing to take us by surprise. I hey were not even anxious that Miss Jones should give up tho Brambles without fighting; on the contrary, they seemed to wish for a verdict, so as to establish their client’s title beyond any possibility of future cavil. * If yon are holding out in order that we may make Miss Jones an offer to induce her to spare na the expense of a trial, I may as well tell yon at once that yon are mistaken,’ said Mr Crane. *We are as sure of a verdict as I stand here. I may assume, between ourselves, that yon are not going to put in a will ; and I know that my client’s identity is beyond question. Wo shall most assuredly make no sort of offer whatever ; we shall rot advise our client to make one ; and, even if we did advise it, it would not be made. Our client, rightly or wrongly, considers himself to have been grossly i 1used ; and, rightly or wrongly, sees no reason why Miss Margaret Jones deserves one penny from him. If he chooses to do anything for her aftewards, that is his own affair. But he certainly will not buy her out. The proofs of identity are freely at yonr service, and yon are welcome to make the most of them. If you think it worth while to put ns to strict proof, yon will find ns fully prepared.’ I smiled at the idea of Miss Margaret’s taking a penny for giving np even what was her own, but less anything that was not her own, I knew too wall that, with her, it must be all or nothing ; and that she would, os a matter of course, refuse any imaginable compromise. However, I committed myself to nothing, and completed my instructions for counsel to advise on evidence after examining the claimant’s case of identity at my leisure. Alas, his case was only too clear ! For any good I could do in London, I might just as well take the next train to Burgham. However, my father would never forgive me if I came hick without having done my best—l believe the dear old gentleman would have dissolved partnership with any man who was clover enough to know when he was beaten. The worst of it was, that a conference with Mr Winter was almost as difficult to obtain as an interview with Royalty. After a world of Importunate patience, till I expect his clerk nearly bated the sight of me, I obtained an appointment for a quarter-past eleven o’clock at night at his private house in Russell Square. I was punctual to tho minute, you may be sure; and I found the great junior busily engaged in reading a—novel. It seemed as incongruous as finding Dick Musty over Blackstane. But I have become more used to incongruities since those days. ‘ Wait a moment—l must know whether that poor girl really did die of a broken heart,’ said he, turning rapidly over the pages. ‘ Ah, yes. Well, never mind. Better luck next time, Mr—ah, yes—Key. Well, Mr Key, there is no doubt but that the intestate’s eldest son is entitled to recover on the strength of his own title as heir-at-law. And there’s no question, it seems, of his title being barred by length of adverse possession; and if there were, it would not apply to a claimant who has been beyond the seas till so short a time ago. Unless you can set up a will—’ * No ; there was no will.’ ' Or deny that the intestate was seized— ’ ‘ We should not think of doing that, evon if we could, Mr Winter.’ ‘Or that he was not married to the claimant’s mother when the claimant was born— ’
* Out o£ the question. Hia marriage will be amply proved.’ * Then, why, in, the name of common sense, Mr Key, do you oome to mo ?’ ‘ For this reason. To be advised whether they have evidence enough that the claimant la really Horace Jones, and not some other man.’
‘ Ah, that’s another pair of shoes! Put them to the proof of that if you can. What do they say ?’ ‘l’m afraid their case is—well, rather strong. They can show,Sand we can’t deny, that Horace Jones enlisted in a certain regiment of the line. They have evidence, military and medical, that he was ill with yellow fever at Barbadoes, and did not die. They will call the former chaplain and the surgeons and some other officers of the regiment to carry the case so far. That ho married a woman of color —a suttler woman will be shown In the same way, as well as that the Horace Jones they knew belonged to Burgham; and to that they have witnesses from Burgham too. And every witness concerned will swear to the identity of Horace Jones the claimant with either Horace Jones of Burgham, or with Horace Jones In Barbadoes ; and to the Identity of Mrs Horace Jones here with the woman who married Horace Jones out there. ’ • Have you any evidence that all these witnesses —excellent witnesses, as I gather from what you say—are in unanimous error, and that the claimant is not Horace J ones ? What do hia alleged relations say ?’ (To be continued.)
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https://paperspast.natlib.govt.nz/newspapers/GLOBE18811031.2.19
Bibliographic details
Globe, Volume XXIII, Issue 2364, 31 October 1881, Page 4
Word Count
2,298LITERATURE. Globe, Volume XXIII, Issue 2364, 31 October 1881, Page 4
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