Elinor Wyllys Volume Ii Part 40

"Gentlemen of the jury; the facts of this case are before you, so far at least as we could reach them; there are doubtless others behind the curtain which might prove highly important in a.s.sisting your decision. You have followed me over the dull track of the law wherever it led us near this case, and I thank you for the patience you have shown. The subject is now fully before you, and I conceive that you will agree with me that in the present case, the counsel for the plaintiff have undertaken a task of no ordinary difficulty. It seems a task by no means enviable under any of its different aspects; but really, in the whole course of my experience at the bar, it has never yet fallen to my lot to witness so startling a feat of legal legerdemain, as that attempted in this court-room by the counsel for the plaintiff. I conceive, gentlemen, that they are engaged in a task seldom attempted since the days of wizards and necromancers--they have undertaken to raise a ghost!"

It was now time for the plaintiff's lawyers to close the trial.

Mr. Clapp wished to speak again, but Mr. Reed took the case entirely in his own hands; he was evidently firmly convinced of the ident.i.ty of his client with William Stanley, and the natural indignation he felt at the accusations of the defendants, and the treatment the sailor had received from the executors, gave unusual warmth to his manner, which was generally calm; it was remarked that he had never made a stronger speech than on that occasion. He did not dispute the honesty of the opinions of Mr.

Wyllys and Hazlehurst, but he conceived they had no right to hold such opinions after examining the testimony in behalf of the plaintiff. He conceived that the defendant attached an importance altogether puerile to mere common probability, every-day probability; how many facts, now proved as clearly as human evidence can prove, have worn at first an improbable aspect to many minds! How many legal cases of an improbable nature might be cited! He would only allude to a few; and here he went over several remarkable cases on record.

"And yet he would even engage to answer the objections against his client on this very ground of probability; much had been said about the volume of the Spectator, but Mr. Hazlehurst could not swear to having read it at Greatwood four years since; while it appeared on cross-examination that his brother had the same edition of that book in Philadelphia, and that Mr. H. was in the habit of reading his brother's books; it also appeared that other volumes had been lost from the house at Greatwood in the course of the last four years. He held it then to be clearly probable; first, that Mr. H. had not read that identical volume shown at the interview, but one belonging to his brother; secondly, that the same volume had not been lost within the last four years; that others had been lost was certain, but that this volume had been in the possession of his client for nearly twenty years was PROBABLE." He went on in the same way to prove the probability of his client's gait having been changed, like that of other sailors, by a life at sea; that his whole body had become heavier and coa.r.s.er from twenty years' hard work, and change of habits.

He here made Dr. B., the physician who had testified on this subject, appear in a ridiculous light, by quoting some unfortunately obscure remarks he had made under cross-examination.

"Then, as to his client's temper, he hoped it had improved with age, but he thought that point had not been as clearly settled as his best friends could wish; still, it was by no means IMPROBABLE that it had improved under the salutary restraints of greater intercourse with the world. Who has not known persons whose tempers have become better under such circ.u.mstances? As to the capacity of his client, that had also PROBABLY been roused into greater activity by the same circ.u.mstances. Who has not heard of striking instances in which boys have been p.r.o.nounced stupid by their masters and playfellows, and yet the same lads have afterwards turned out even brilliant geniuses?" He mentioned several instances of this kind. He went over the most striking features of the whole case in this manner, but we are necessarily compelled to abridge his remarks. "He accepted this ground of probability fully and entirely; the conduct of his client had been thought unnatural; he conceived that the very same stubborn, morose disposition, which the defendants had laboured so hard to fasten upon William Stanley, would account in the most PROBABLE manner for all that had been unusual in the conduct of his client. The same boy who at fifteen had so recklessly exchanged a pleasant home and brilliant prospects for a sailor's hardships, might very naturally have continued to feel and to act as the plaintiff had done."

He then brought together all the points in favour of the sailor, "The resemblance between the plaintiff and William Stanley had been called trifling by the counsel for the defendants; he considered it a remarkably strong resemblance, since it included not only acknowledged personal likeness, but also similarity of handwriting, of age, of occupation, the possession of doc.u.ments admitted to be authentic by the defendants themselves, with knowledge of past events, persons, and places, such as would be natural in William Stanley but quite beyond the reach of a common stranger. He conceived that the great number of different points in his client's favour was a far stronger ground for the truth of his claim, than any one fact, however striking, standing alone.

He held that this ma.s.s of evidence, both positive and circ.u.mstantial, could be accounted for in no other way at all probable, than by admitting the ident.i.ty of his client. He conceived it also probable that any unprejudiced man would take the same view of this case; a case singular in its first aspect, though not more singular than hundreds of others on record, and entirely within the bounds of possibility in every fact, while it a.s.sumed greater probability the farther it was examined." He then adverted to several points merely legal, and finally concluded by a strong appeal in behalf of the plaintiff.

The judge rose to make his charge; it was strictly legal and impartial, chiefly reminding the jury that they were to decide entirely from the facts which had been placed before them; if they thought the evidence to which they listened sufficient to prove legally the ident.i.ty of the plaintiff as William Stanley, they must give a verdict in his favour; if they held that evidence to be incomplete and insufficient, according to the legal views which must be their guide, they must p.r.o.nounce a verdict in favour of the defendants: concluding with explaining one or two legal points, and an injunction to weigh the whole evidence impartially, the judge took his seat.

The jury rose; marshalled by constables and headed by their foreman, they turned from the box and left the court-room to consider their verdict.

Another cause was called. The parties interested, their friends, and the crowd of curious spectators poured from the building, discussing as they moved along the probable result, which could scarcely be known until the next morning, for it was late on the fourth night that the trial closed.

CHAPTER XIX. {XLII}

"Tout est perdu fors l'honneur!"

Francois I.

{"Tout est perdu fors l'honneur" = all is lost but honor (French). Francis I of France (1494-1547), letter to his mother, 1525; by 1840 a proverbial expression}

HAZLEHURST'S friends, fully aware of the importance of the cause to his interests, had followed the trial with great anxiety. Mrs.

Stanley, Mrs. Robert Hazlehurst, Miss Wyllys, and Mrs. Creighton were regularly informed of the events which had pa.s.sed whenever the court adjourned. The young ladies at Wyllys-Roof, Elinor, Jane, and Mary Van Alstyne were obliged to wait longer for information; they had received, however, regular reports of the proceedings by every mail; they had learned that the trial had closed, and were now waiting most anxiously for the final decision of the jury.

"I had no idea the trial would last so long; had you?" observed Mary Van Alstyne, as the three friends were sitting together waiting for that day's mail, which must at length bring them the important news.

"Yes; grandpapa told me that it might possibly last a week."

"I don't see why they cannot decide it sooner," said Jane; "anybody might know that sailor could not be William Stanley.

Poor Harry! what trouble he has had with the man ever since he came home!"

At that moment carriage-wheels were heard approaching; Elinor ran to the window.

"They are coming!" she cried; and in another instant she was on the piazza, followed by Mary and Jane. Two carriages were approaching the door.

"Here they are--all our friends!" exclaimed Mary Van Alstyne, as she recognized in the first open wagon Mr. Wyllys and Ellsworth, and in the barouche behind, the ladies, including Mrs. Creighton; while Harry himself sat at the side of the coachman.

Elinor was on the last step of the piazza, looking eagerly towards the faces of her friends as they advanced.

"Grandpapa!" she exclaimed, looking all anxious curiosity, as the wagon stopped.

Mr. Wyllys smiled, but not triumphantly.

Ellsworth shook his head as he sprang from the wagon and took her hand.

"Can it be possible!--Is the suit lost?" she again exclaimed.

"Only too possible!" replied Mr. Ellsworth. "The jury have given a verdict for the plaintiff, in spite of our best endeavours."

Elinor turned towards Harry, and offered him both her hands.

Hazlehurst received them with feeling, with emotion.

"I can't acknowledge that I am such a poor forlorn fellow as one might fancy," he said, smiling, "while I have still such kind and warm friends."

Elinor blushing to find herself between the two gentlemen, advanced to receive the kiss of her aunt and Mrs. Stanley. The countenance of the latter lady showed evident traces of the painful feelings she had experienced at the decision. Mrs.

Creighton too looked a little disturbed; though graceful as ever in her manner, she was not easy; it was clear that she had been much disappointed by Harry's defeat.

"I am grieved to hear the bad news, Mr. Hazlehurst!" said Mary Van Alstyne.

"Poor Harry--I am so sorry for you!" exclaimed Jane, looking very lovely as she raised her eyes to her kinsman's face.

"Ellsworth, can't you manage to lose all you are worth and a little more?" said Harry, smiling, after having thanked the ladies for their kind reception.

"As I could not keep your property for you with the best will in the world, no doubt I could get rid of my own too," replied his friend.

When the whole party a.s.sembled in the drawing-room, nothing was talked of for a while but the trial. It appeared that the jury had been fifteen hours considering their verdict. The doors of the court-room had been crowded by people curious to learn the decision of the case, and when the jury entered the court with their verdict there was a rush forward to hear it.

"Verdict for the plaintiff--" was announced by the clerk in a loud voice, in the usual official manner.

"Clapp was standing near me at the moment," said Harry, "there was a flash of triumph in his face as he turned towards me. The sailor actually looked bewildered for an instant, but he soon appeared very well satisfied. As for myself, I honestly declare that I expected such would be the result."

"It was too late to write to you, my child," said Mr. Wyllys; "we only heard the verdict in time to prepare for leaving town in the morning's boat. And now, Nelly, you must give us some consolation in the shape of a good dinner."

It was very evident that although everybody endeavoured to wear a cheerful face, the defeat had been much felt by Mrs. Stanley, Mr.

Wyllys, and Ellsworth. Hazlehurst himself really appeared better prepared for the misfortune than any of the party; in fact he conceived Mrs. Stanley's position to be more painful than his own, though so much less critical in a pecuniary view. Mrs.

Creighton was certainly neither so gay, nor so easy as usual in her manner; one might have fancied that she felt herself in an unpleasant and rather an awkward position--a very unusual thing for that lady. It might have struck an observer that she wished to appear as amiable as ever to Harry, but she did not succeed entirely in concealing that her interest in him was materially diminished, now that he was no longer Mr. Stanley's heir. It was only by trifling shades of manner, however, that this was betrayed; perhaps no one of the circle at Wyllys-Roof remarked it; perhaps it was not lost upon Hazlehurst; there seemed to be an occasional expression in his eye which said so.

After the party had separated to prepare for dinner, Elinor joined her aunt, and learned many farther particulars of the trial.

"Is there no hope, Aunt?--can nothing be done--no new trial?"

"I am afraid not. The gentlemen are to hold several consultations on that point, however, but they seem to agree that little can be done. Both your grandfather and Harry were determined to go on if there were the least probability of success; but Mr. Grant, Mr.

Ellsworth, and several other gentlemen say they can give them no grounds for encouragement; the trial was perfectly regular, and they think an appeal for a new trial would be rejected; and even if it were granted, they see no reason to hope for a different verdict."

"And yet there cannot be a doubt, Aunt, to us at least, that this man is an impostor!" exclaimed Elinor.

"No, not to us certainly; but it was not possible to place the proofs of this as clearly before the court as they have appeared to us. Harry says he was afraid from the beginning that this would be the case."

"How well he bears it!" exclaimed Elinor. "And Mrs. Stanley, she can scarcely speak on the subject!"

"She feels it most keenly. Would you believe it, my child, when we arrived on board the boat this morning, we found Mr. Clapp and this man already there; and at a moment when Mrs. Stanley and I were sitting alone together, the gentlemen having left us, and Mrs. Creighton being with another party, they came and walked up and down before us. Mr. Clapp took off his hat, and running his hand through his hair, as he does so often, he said in a loud voice: "Well, Mr. Stanley, when do you go to Greatwood?" Happily, Harry saw us from the other side of the deck, and he instantly joined us. Of course we did not mention to him what had pa.s.sed; and although Mr. Clapp was noisy and vulgar, yet he did not come so near us again."