Warren_Ten_Thousand_a_Year.txt topic ['13', '324', '378', '393']
"
will perhaps take a note of the objection," said . ,
somewhat chagrined. nodded, and immediately made the
requisite entry in his notes.
"__, then, we propose to put in and read this deed," said the
-, with a smile of suppressed triumph, holding out his
hand towards . , who was scrutinizing it very eagerly--" presume
my learned friend will require only the operative parts to be
read"--here , with some excitement, called his leader's attention to
something which had occurred to him in the deed: up got and
; and presently--
" quite so fast, . , if you please," said . , with
a little elation of manner--" have another, and apprehend a clearly
fatal objection to the admissibility of this deed, till my learned
friend shall have accounted for an "----
"!" echoed the -, with much surprise--" 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; .
, . , and . also looking extremely serious.
"'ve hit them _now_," said . to those behind him, as he leaned
back, and looked with no little triumph at his opponents--"__ there
ever anything so lucky in this world before?" what apparently
inadequate and trifling causes often flow great results! plain fact
of the case was merely this. 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. 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! ownership of an
estate of ten thousand a-year about to turn upon the effect of this
erasure!
" 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.
" any one a magnifying-glass in court?" inquired the
-, with a look of increasing anxiety. one happened to
have one.
" it necessary, . ?" said , handing down the
instrument to him with an ominous look.
"--you object, of course, . --as understand you--that this
deed is void, on account of an erasure in a material part of it?"
inquired .
" is my objection, my ," said . , sitting down.
", . ," continued the judge, turning to the
-, prepared to take a note of any observations which he
might offer. spectators--the whole court--were aware that the great
crisis of the case had arrived; and there was a sickening silence.
-, with perfect calmness and self-possession, immediately
addressed the court in answer to this very critical and unexpected
objection. there _was_ an erasure, which, owing to the hurry with
which the instrument had been examined, had been overlooked, was
indisputable. -'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]
was easy to see that he spoke with the air of a man who argues _contra
spem_. he said, however, was pertinent and forcible; the same might
be said of . and . ; but they were all plainly
_gravelled_. . replied with cruel cogency.
"," said , when . had concluded, " own
feel scarcely any doubt upon the matter; but as it is certainly of the
greatest possible importance in the present case, will just see how it
strikes my brother ." this he took the deed in his hand and
quitted the court. touched . , in passing to his private
room, holding the deed before him! an absence of about ten
minutes, returned.
"! silence there!" bawled the crier; and the bustle had soon
subsided into profound silence.
" think, and my brother agrees with me," said ,
"that ought not to receive this deed in evidence, unless the erasure
occurring in an essential part of it be first accounted for. ,
therefore, you are prepared, . , with any evidence of that
kind, shall not receive the deed." - bowed, in
silence, to his .
was a faint buzz all over the court--a buzz of excitement,
anxiety, and disappointment; during which the - consulted
for a moment or two with his juniors.
", my ," said he at length, "we are not prepared with any
evidence to explain a circumstance which has taken us entirely by
surprise. this length of time, my , of course"----
"--it is a great misfortune for the parties--a great
misfortune. course you tender the deed in evidence?" he continued,
taking a note.
" do, my , certainly," replied the -; and sitting
down, he and his juniors took a note of the decision;
and the -'s opponents doing the same.
should have seen the faces of . , , and , as
they looked at . , 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!-- remainder of the case, which had
been opened by the - on behalf of . , was then
proceeded with; but in spite of all their assumed calmness, the
disappointment and distress of his counsel were perceptible to all.
were now dejected--they felt that the cause was lost, unless some
extraordinary good fortune should yet befall them. were not long in
establishing the descent of . from .
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 . , it was yet an important question for the
jury, whether they believed the evidence adduced by the plaintiff to
show title in himself.
", my , is the defendant's case," said the - as
his last witness left the box; and . then rose to reply.
felt how unpopular was his cause; that almost every countenance around
him bore a hostile expression. , he loathed his case, when he
saw the sort of person for whom he was struggling. his sympathies
(he was a very proud, haughty man) were on behalf of . , whom by
name and reputation he well knew, and with whom he had often sat in the
of . , conspicuous before him, sat his little
monkey-client, --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. was the vulgar idiot who
was to turn the admirable out of , and send them beggared
into the world! . was a high-minded advocate; and
if he had seen 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.
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 , as . 's irresistible rhetoric drew upon their
sympathies in that young gentleman's behalf. " learned friend, the
-, gentlemen, dropped one or two expressions of a
somewhat disparaging tendency," said . , "in alluding to my
client, . ; and shadowed forth a disadvantageous contrast
between the obscure and ignorant plaintiff, and the gifted defendant.
heavens, gentlemen! and is my humble client's misfortune to become
his fault? 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_?-- has occasioned it?
plunged him and his parents before him into an unjust poverty and
obscurity, from which is about this day to rescue him, and
put him in possession of his own? , if topics like these must
be introduced into this case, ask you _who is accountable_ for the
present condition of my unfortunate client? he, or are those who have
been, perhaps unconsciously, but still unjustly, so long revelling in
the wealth which is his? , in the name of everything that is
manly and generous, challenge your sympathy, your commiseration, for
my client." , 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 . , , and , rose up in an
excited manner, exclaiming, "! bravo, bravo, sir! ' my life,
capital! 's quite true--bravo! bravo!" astounded advocate paused
at this unprecedented interruption. " the puppy out of court, sir,
or will not utter one word more," said he, in a fierce whisper to .
.
" is that? the court, sir! conduct is most indecent, sir!
have a great mind to commit you, sir!" said ,
directing an awful look down to the offender, who had turned of a
ghastly whiteness.
" mercy upon me, my ! 'll never do it again," he groaned,
clasping his hands, and verily believing that was going
to take the estate away from him.
at length succeeded in getting him out of court, and after the
excitement occasioned by this irregular interruption had subsided, .
resumed:--
"," said he, in a low tone, " perceive that you are moved by
this little incident; and it is characteristic of your superior
feelings. persons, destitute of sensibility or refinement,
might have smiled at eccentricities, which occasion gentlemen like
yourselves only feelings of greater commiseration. 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.
" we lose the verdict, sir," said he, bending down and whispering into
the ear of , "we may thank that execrable little puppy for it."
changed color, but made no reply.
then commenced summing up the case to the jury with his
usual care and perspicacity. 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 . and the
-. 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. 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 assistance, he should remain in his private room for
an hour or two. judge and jury then retired, it being about eight
o'clock. were lit in the court, which continued crowded to
suffocation. doubted which way the verdict would go. 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 pronounced. an hour and a
half's absence, a cry was heard from the bailiff in whose charge the
jury had retired--" the way for the jury;" and one or two officers,
with their wands, obeyed the directions. the jury were re-entering
their box, struggling with a little difficulty through the crowd,
resumed his seat upon the bench.