Elinor Wyllys Volume Ii Part 38

At such times, we are forced to look higher, to acknowledge that human wisdom does not reach far enough to guide us, that our wounds need a purer balm than any offered by human sympathy.

Until recently, Elinor had always been soothed and supported by the affection and guidance of her aunt, but she must now depend upon herself alone. To a young person, called upon for the first time to take an important step, with no other guide than individual judgment and conscience, the responsibility of action may well be startling; even a wise and experienced man will often pause at such moments, doubtful of the course he shall pursue. It is an easy matter to settle a question, when pa.s.sion, feeling, interest, or prejudice gives the bias; but where these are all silent, and cool judgment is left alone to decide, the greatest men feel, to a painful degree, how limited are their powers; the high responsibility which is attached to free-will rises before them, and they shrink from the idea of trusting their own welfare to their own short-sighted reason alone. Most men, at such times, take refuge in a sort of fatalism; they stand inactive, until urged in this or that direction by the press of outward circ.u.mstances; or they rush blindly forward, under impatience of suspense, preferring risk to inaction.

The occasion of our young friend's anxiety and thoughtfulness was, no doubt, a trifling one to all but herself; the cause of her hesitation, however, was honourable; the opinions, feelings, and motives under which she eventually acted, were alike natural and creditable.

CHAPTER XVIII. {XLI}

"Are you acquainted with the difference That holds this present question, in the court?"

Merchant of Venice.

{William Shakespeare, "The Merchant of Venice", IV.i.171-172}

AS the time for the trial approached, the parties collected in Philadelphia. Harry and his friends were often seen in the streets, looking busy and thoughtful. Mr. Reed also appeared, and took up his quarters at one of the great hotels, in company with Mr. Clapp and his client, who generally received the name of William Stanley, although he had not yet established a legal claim to it. There was much curiosity to see this individual, as the case had immediately attracted general attention in the town, where the families interested were so well known, and the singular circ.u.mstances of the suit naturally excited additional interest.

After the court opened its session, it became doubtful at one moment, whether the cause would he tried at that term; but others which preceded it having been disposed of, the Stanley suit was at length called.

On one side appeared William Stanley, the plaintiff, with Messrs.

Reed and Clapp as counsel; a number of witnesses had been summoned by them, and were now present, mingled with the audience. On the other hand were the defendants, Mr. Wyllys, Hazlehurst, Ellsworth, and Mr. Grant, a distinguished lawyer of Philadelphia, appearing more particularly for Mrs. Stanley; they were also supported by witnesses of their own.

While the preliminary steps were going on, the jury forming, and the parties interested making their arrangements, the court-room filled rapidly with the friends of Hazlehurst, and a crowd of curious spectators. Among the individuals known to us, were Robert Hazlehurst, Mr. Stryker, and Charlie Hubbard, the young artist, who found that his want of inches interfered with his view of the scene, and springing on a bench, he remained there, and contrived to keep much the same station throughout the trial, his fine, intelligent countenance following the proceedings with the liveliest interest: Harry soon perceived him, and the young men exchanged friendly smiles. Mr. Stryker was looking on with cold, worldly curiosity; while Robert Hazlehurst watched over his brother's interest with much anxiety. In one sense the audience was unequally divided at first, for while Harry had many warm, personal friends present, the sailor was a stranger to all; the aspect of things partially changed, however, for among that portion of the crowd who had no particular sympathies with the defendants, a number soon took sides with the plaintiff. The curiosity to see the sailor was very great; at one moment, in the opening of the trial, all eyes were fixed on him; nor did Harry escape his share of scrutiny.

It was immediately observed, by those who had known the late Mr.

Stanley, that the plaintiff certainly resembled his family. He was dressed like a seaman, and appeared quite easy and confident; seldom absent from court, speaking little, but following the proceedings attentively. His counsel, Mr. Reed, bore a calm and business-like aspect. Clapp was flushed, his eye was keen and restless, though he looked sanguine and hopeful; running his hand through his dark curls, he would lean back and make an observation to his client, turn to the right and whisper something in the ear of Mr. Reed, or bend over his papers, engrossed in thought.

The defendants, on their side, were certainly three as respectable men in their appearance, as one would wish to see; they looked, moved, and spoke like gentlemen; in manner and expression they were all three perfectly natural; simple, easy, but firm; like men aware that important interests were at stake, and prepared to make a good defence. Mr. Grant, their colleague, was an insignificant-looking man when silent, but he never rose to speak, without commanding the whole attention of his audience by the force of his talent.

The judges were-well known to be respectable men, as American magistrates of the higher grade are usually found to be. In the appearance of the jury there was nothing remarkable; the foreman was a shrewd-looking man, his neighbour on the left had an open, honest countenance, two others showed decidedly stupid faces, and one had a very obstinate expression, as if the first idea that entered his head, on any subject whatever, was seldom allowed to be dislodged.

Such was the appearance of things when the trial commenced.

Leaving the minutiae of the proceedings to the legal report of Mr. Bernard, understood to be in the press, we shall confine ourselves to a brief, and very imperfect outline of the speeches, and the most important points of the testimony; merely endeavouring to give the reader a general idea of the course of things, on an occasion so important to Hazlehurst.

Mr. Clapp opened the case in a regular speech. Rising from his seat, he ran his fingers through his hair, and commenced, much as follows:

"We come before you on this occasion, gentlemen of the jury, to plead a cause which it is believed is unprecedented, in its peculiar facts, among the annals of justice in our great and glorious country. Never, indeed, should I have believed it possible that an American citizen could, under any circ.u.mstances whatever, have been compelled during so long a period to forego his just and legal rights; ay, that he could be forced to the very verge of abandoning those rights--all but forced to forget them. Yet, such are the facts of the case upon which you are now to decide. The individual appearing before you this day, claiming that the strong arm of the law be raised in his behalf, first presented himself to me, with the very same demand, six years since; to my shame I confess it, he was driven unaided from my door--I refused to a.s.sist him; he had already carried the same claim to others, and received from others the same treatment. And what is this claim, so difficult to establish? Is it some intricate legal question? Is it some doubtful point of law? Is it a matter which requires much learning to decide, much wisdom to fathom? No, gentlemen; it is a claim clearly defined, firmly established; never yet doubted, never yet denied: it is a claim, not only recognized in the common-law of every land, protected in the statute-books of every nation, but it is a claim, gentlemen, which springs spontaneously from the heart of every human being--it is the right of a son to his father's inheritance. A right, dear alike to the son of one of our merchant princes, and to the son of the porter on our wharves."

"Mr. Clapp paused; he looked about the court, rested his eyes on his client, ran his fingers through his curls, and then proceeded.

"Gentlemen; I have told you that it is the right of a son to his father's inheritance, which we this day call upon you to uphold.

It is more; it is the sacred cause of the orphan that you are to defend. Yes, gentlemen; at the moment when William Stanley should have taken possession of the inheritance, which was his by the threefold t.i.tle of nature, of law, and of parental bequest, he was a mere boy, a minor, a wanderer on the deep; one of that gallant cla.s.s of men who carry the glorious colours of our great and happy country into every port, who whiten every sea with American canva.s.s--he was a roving sailor-boy!"

And setting out from this point, Mr. Clapp made a general statement of the case, coloured by all the cheap ornaments of forensic eloquence, and varied by allusions to the glory of the country, the learning of all judges, particularly American judges, especially the judges then on the bench; the wisdom of all juries, particularly American juries, especially the jury then in the box. He confessed that his client had been guilty of folly in his boyhood; "but no one, gentlemen, can regret past misconduct more than Mr. Stanley; no son ever felt more deeply than himself, regret, that he could not have attended the death-bed of his father, received his last blessing, and closed his eyes for the last time!" Mr. Clapp then read parts of Mr.

Stanley's will, gave an outline of his client's wanderings, and was very particular with names and dates. The sailor's return was then described in the most pathetic colours. "He brought with him, gentlemen, nothing but the humble contents of a sailor's chest, the hard-earned wages of his daily toil; he, who in justice was the owner of as rich a domain as any in the land!"

The attempts of this poor sailor to obtain his rights were then represented. "He learned the bitter truth, gentlemen, that a poor seaman, a foremast hand, with a tarpaulin hat and round-jacket, stood little chance of being heard, as the accuser of the rich and the powerful--the men who walked abroad in polished beavers, and aristocratic broad-cloths." Aristocracy having once been brought upon the scene, was made to figure largely in several sentences, and was very roughly handled indeed. To have heard Mr.

Clapp, one would have supposed aristocracy was the most sinful propensity to which human nature was liable; the only very criminal quality to which republican nature might he inclined. Of course the defendants were accused of this heinous sin; this brilliant pa.s.sage concluded with a direct allusion to the "very aristocratic trio before him." Mr. Stanley was declared to be no aristocrat; he was p.r.o.nounced thoroughly plebeian in all his actions and habits. "Like the individual who has now the honour of addressing you, gentlemen, Mr. Stanley is entirely free, in all his habits and opinions, from the hateful stain of aristocracy." He continued, following his client's steps down to the present time, much as they are already known to the reader.

Then, making a sudden change, he reviewed the conduct of the defendants as connected with his client.

{"Aristocracy" = Susan Fenimore Cooper was very familiar with court proceedings in the 1840s. Her father was at this time involved in a series of generally successful libel suits against newspapers, which defended themselves by accusing him of being "aristocratic," a sore point, as he had repeatedly denounced aristocracy as the worst of all forms of government}

"What were their first steps at the death of Mr. Stanley, the father? Merely those which were absolutely necessary to secure themselves; they inquired for the absent son, but they inquired feebly; had they waited with greater patience he would have appeared, for the story of his disinheritance would never have reached him. Whence did that story proceed from? It is not for me to say; others now present may be able to account for it more readily. No, gentlemen, it is a bitter truth, that the conduct of the executors has been consistent throughout, from the moment they first took possession of the Stanley estate, until their appearance in this court; the conduct of the rival legatee has also been marked by the same consistent spirit of opposition, from the time of his first interview with Mr. Stanley, after he had arrived at years of discretion, and knew the value of the estate he hoped to enjoy; from the moment, I say, when he coolly ordered the unfortunate sailor to be locked up in Mr. Wyllys's smoke-house, until the present instant, when his only hope lies in denying the ident.i.ty of Mr. Stanley's son." Mr. Clapp dwelt for some time upon this first interview, and the smoke-house; as he had previously hinted to Hazlehurst, he laboured to make that affair "look ugly," to the best of his ability. If the language of the Longbridge lawyer had been respectful throughout the preliminary proceedings, his tune in the court-room changed completely. As he drew towards the close of his speech, he gave full scope to a burst of virtuous indignation against wickedness and hypocrisy in general, and particularly against the conduct of the defendants. He declared himself forced to believe, that both Mr. Wyllys and Hazlehurst had suspected the existence of William Stanley from the first--others might have the charity to believe they had been ignorant of the young man's existence, he only wished he could still believe such to have been the fact--he had believed them honestly ignorant of it, until it was no longer possible for the prejudices of a long-standing friendship and intimacy to blind his eyes, under the flood of light presented by proofs as clear as day--proofs which his respected brother, the senior counsel, and himself, were about to lay before the court.

He wished to be understood, however; he never for one moment had included in these suspicions--so painful to every candid, upright mind, but which had recently forced themselves upon him--he repeated, that in them he had never included the respected lady who filled the place of step-mother to his client, whose representative he now saw before him, in the person of a highly distinguished lawyer of the Philadelphia bar; he did not suppose that that venerable matron had ever doubted the death of her husband's son. He knew that excellent lady, had often met her in the social circle; none admired more than he, the virtues for which she was distinguished; he had never supposed it possible, that if aware of the existence of William Stanley, she could have sat down calmly to enjoy his inheritance. Such a case of turpitude might not be without example; but he confessed that in his eyes, it would amount to guilt of so black a dye, that he was unwilling to accuse human nature of such depravity; it went beyond the powers of his, Mr. Clapp's, imagination to comprehend.

No, he acquitted Mrs. Stanley of all blame; she had been influenced and guided by the two gentlemen before him. He had himself observed, that during all the preliminary proceedings, the venerable step-mother of his client had shown many symptoms of doubt and hesitation; it was his firm conviction, it was the opinion of his client, of his brother counsel, that if left to her own unbia.s.sed judgment, Mrs. Stanley would immediately have acknowledged her husband's son, and received him as such. He appealed to the defendants themselves if this were not true; he called upon them to deny this a.s.sertion if they could--if they dared! Here Mr. Clapp paused a moment, and looked towards Mr.

Grant.

The defendants had already spoken together for an instant; Mr.

Ellsworth rose: "The answer which the counsel for the plaintiff was so anxious to receive, was reserved for its proper place in the defence. Where so much might be said, he should scarcely be able to confine himself within the bounds necessary at that moment. Let the counsel for the plaintiff rest a.s.sured, however, that the answer to that particular question, when given, would prove, like the general answer of the defence, of a nature that the interrogator would, doubtless, little relish."

During Mr. Clapp's abusive remarks, and impudent insinuations against himself and Mr. Wyllys, Hazlehurst, placing one arm on the table before him, leaned a little, forward, and fixed his eye steadily, but searchingly, on the face of the speaker. It proved as Harry had expected; the lawyer looked to the right and left, he faced the judges, the jurors; he glanced at the audience, raised his eyes to the ceiling, or threw them upon his papers, but not once did he meet those of Hazlehurst.

"Gentlemen of the jury; you will observe that the question remains unanswered!" continued Mr. Clapp, with a triumphant air.

He then contrived to appeal to his brother counsel to declare his own impressions, and gave Mr. Reed an opportunity of affirming, that he had believed Mrs. Stanley inclined to acknowledge their client; he spoke calmly and impressively, in a manner very different from the hurried, yet whining enunciation, and flourishing gestures of his colleague.

Mr. Clapp now proceeded to prepare the way for the evidence: he gave a general idea of its character, expressing beforehand the firmest conviction of its effect on the court. "I have been engaged in hundreds of suits, gentlemen; I have been a regular attendant in courts of law from early boyhood, and never, in the whole course of my experience, have I met with a case, so peculiar and so important, supported by a body of evidence so clear, so decided, so undeniable as that which we shall immediately lay before you;" and Mr. Clapp sat down, running his fingers through his curls.

The court here adjourned for an hour. The curiosity of the audience seemed thoroughly excited; when the judges rea.s.sembled, the room was even more crowded than in the morning.

Before calling up the witnesses, Mr. Reed spoke for five minutes; his dignified manner was a favourable preparation for the testimony in the plaintiff's behalf.

The first fact proved, was the resemblance of the plaintiff to William Stanley; this point was thoroughly investigated, and settled without difficulty in favour of the plaintiff--some half-a-dozen witnesses swearing to the ident.i.ty, according to the best of their belief. The fact that the defendants themselves had acknowledged the personal resemblance, was also made to appear; and Mr. Reed introduced the ident.i.ty of handwriting to strengthen the personal ident.i.ty--several witnesses giving their testimony on the subject. It seemed indeed, clear, from the whole of this part of the evidence, that there was no rational ground to doubt any other difference, either in the personal resemblance or the handwriting, than what might naturally exist in the same man, at the ages of eighteen and thirty-seven.

The statement offered to the defendants some months since, tracing the last career of the plaintiff was now introduced, and the princ.i.p.al facts legally proved by different witnesses.

Officers and sailors of different vessels in which he had sailed, were sworn. Among others, Captain -----, of the packet ship ***, testified to the plaintiff's having sailed in his vessel, under the name of William Stanley, nine years previously; and it was very clearly proved, that at different intervals since then, he had continued to bear the same name, although he had also shipped under those of Bennet, Williams, and Benson. The statement, as given already in our pages, was borne out satisfactorily in most of its important facts by the evidence; although on some points the counsel for the plaintiffs confessed, that they had not been able to obtain all the legal proofs they had wished for. After tracing the plaintiff's steps as a sailor, the fact of his having been long endeavouring to bring forward the claim he now made, was examined. Mr. G-----, a highly respectable lawyer of Baltimore, testified to the fact that several years previously, the plaintiff had applied to him to undertake the case then before the court; to speak frankly, this evidence surprised the defendants, who were scarcely prepared for it. Then came proof of the different applications to Mr. Clapp, his several visits to Longbridge, and his presence at Wyllys-Roof six years previously, when locked up in the out-house by Hazlehurst; Mr. Clapp repeating at this moment, a very broad insinuation, that the defendant knew the claims of the individual he had put in confinement. His willingness to be examined, his ready consent to an interview with Mr. Wyllys, Mrs. Stanley, and Hazlehurst, the close examination which he bore at Wyllys-Roof, were brought forward; and Mr. Clapp managed to introduce most of the important questions of the defendants at that time, with the accurate answers of the plaintiff, in his account of that meting.

The court adjourned at this time, and many individuals among the audience seemed to incline very decidedly towards the plaintiff.

The personal friends of the defendants looked somewhat anxious, although Mr. Wyllys and Hazlehurst still showed a steady front.

The testimony which we have given so briefly, as much of it has already appeared in the narrative, occupied the court more than one day, including the different cross-examinations of several witnesses, by the defendants: this duty fell to the lot of Mr.

Grant, who carried it on in his usual dry, sarcastic manner, but was unable to effect any important change in the state of things.

The following morning, the plaintiff's papers were laid before the court. The volume of the Spectator, and the letters already produced at Wyllys-Roof, were shown. In addition to these, the following papers were now brought forward: A letter addressed to the name of Benson, on board the British sloop-of-war, Ceres; another directed to William Bennet, on board the Dutch barque William, when at Batavia, nearly eighteen years since; this letter was important, as it was evidently written to an American sailor, and alluded to his having been recently shipwrecked on the coast of Africa, and taken up by a Dutch vessel. These doc.u.ments were all received with great interest, and their probable authenticity seemed generally admitted. Mr. Reed then observed: "We shall close our evidence, gentlemen, by laying before you testimony, sufficient in itself to prove triumphantly the ident.i.ty of the plaintiff, when connected with a small portion only of that which has preceded it."

He drew from his papers an old Russia-leather pocketbook, with the initials W. S. stamped upon in large Gothic letters.

Mr. Wyllys made an involuntary movement as it was held up for examination; that very pocket-book, or one exactly like it, had he given himself to the son of his old friend, the very last time he saw him. He watched the proceedings at this moment with intense interest--evident to everybody.

"This pocket-book, gentlemen, is the property of the plaintiff,"

continued Mr. Reed. "The initials of his name, W. S., stamped upon it, are half-effaced, yet still sufficiently distinct to tell their story. But the contents of this precious book are of still greater importance to the interests of my client."

Mr. Reed then opened it and drew from one side a letter, and read the address, "William Stanley, New York, care of Jonas Thomson, Master of the ship Dorothy Beck." "This letter, gentlemen of the jury, is signed John Stanley--it is from the father of William Stanley, in whose name I now submit it to your examination." The letter was then read; it corresponded entirely with the circ.u.mstances already known to the reader; its date, nature, handwriting, all were perfectly correct, and the signature was sworn to by several witnesses. Mr. Wyllys was evidently moved when the letter was read; he asked to look at it, and all eyes were turned on his venerable countenance, as he silently examined the paper. It was remarked that the hand which held the letter was not steady, and the features which bent over it betrayed perceptible agitation. Mr. Wyllys turned to Hazlehurst, as he finished reading the sheet.

"It is undeniably genuine; the letter of John Stanley to his son!" he said.

A short consultation succeeded between the defendants. Hazlehurst wrote a line or two on a slip of paper, and handed it to Mr.

Wyllys, and then to Ellsworth and Mr. Grant.

"Will the counsel for the plaintiff tell us, why these doc.u.ments were not produced at the interview with the defendants?" asked Mr. Ellsworth.

"We had several reasons for not doing so," replied Mr. Clapp.

"Had our client not been received so coldly, and every effort employed to misunderstand him, we should have produced them earlier; although it would have been impossible to have shown them at that meeting, since they were not then in our possession."