GIDEON CALTHORPE'S WILL.

New Zealand Times, Volume LXIX, Issue 3648, 26 January 1899, Page 3

GIDEON CALTHORPE'S WILL.

(Cassoll’s Saturday Journal.) : Otio morning, early.hr Juno,-my. diminutive boy brought mo two cards and told mo that the “ lady and gentleman ” wore outside.' - Looking at the cards I found tlie naraba of “Miss Calthorpo” and “Mr John Vincent.” , “ Ask them to come in at cnco,” I. said* A moment later, a middlo-aged gentle 1 - man and a very pretty young lady entered the room. Having • asked my visitors to be seated, I turned, to the young lady and begged her to command jmo. ■ 1 “ I have come to soo you with Mr Vincent, pur lawyer,” she, said, speiiking in rather’an agitated tone, “ because I understand from him that you have, made a speciality of will,cases. ' j_ . “ I must toll you first of all, Mr Rcnshaw,” she wont on quietly," “ that my dear lather, Gideon Calthorpe, ■of Caltßorpo Manor, Hunstanton, died dive , yoars ago without making a will, as we thought. Mr Vincent, who had the management of his affairs, could never got jny father to apeak on this subject, for I may toll you that ho was what is called eccentric, and’when he . died .we all thought ho was intestate.. There being no child, except myself, the property naturally came to me, and I settled down at Calthorpo Court- with Mrs Meredith, an old friend of mine, as a sort of informal housekeeper. . 1 “Six weeks ago I was told by tho servant that a gentleman was in the diningroom and wished to see me. .Going down, I discovered it was-Mr Roger CaKiicrrpo, my. cousin, who had just returned from Australia. I greeted him ‘ cordially, although I may tell you that he has always had a bad name un the village, and for a long time nobody would associate with him. However,, yoars, had passed since ' lion, and I bade him welcome. “ Naturally, I had to ask him to stop at tho house during his ’utoy -in Hunstanton, and he readily accepted tho invitation. One afternoon, ho came towards me with a curious smile on his face.; ’ “‘ My deaf cousin,’ ho said, ‘ I have been making researches' in .your ,lato father’s library, and sea what I have come ■ across? in one of -tho .volumes.’ “Ho hold out.to'mo ‘a mosty-lookiilg document, which I glanced at carelessly ; but when ho moaning of-it'broke upon i my brain, I uttered a low,cry. The doc- , umont was a will made apparently by my father in favour of Roger Calthorpo, leaving him the bulk of the property, with a small income for myself. . “‘This is a forgery/.Lcried., ‘I cannot believe that my dear father would have disinherited mo.’ . “‘I am not surprised/ ho said unpleasantly, ‘ that you should doubt the genuineness of this document; but will you do mo the'honour of scrutinising tho writing? Would you not admit at first sight that it was your parent’s hand? ’ “ I had to admit that this was the case, and, -further than- that, many of. the phrases were thoso ’which my father was in the habit of using. ,At tho present moment I waver" between two" opinions. Tho first is that the will is a c'ovor forgery on tho part of my cousin; tho second that my poor father, who was terribly eccentric, has, after all, disinherited mo : utterly.” " : “I thank you .Miss Calthorpo,” I said, “for having so clpnrly explained to mo tho facts of tho case.’ And now 1 , perhaps, you will kindly'answer -me a few questions; In the first place, what is tho date of tho will?” ' , , ' “ September Ist,. 1875.” ’ “Very goocl. And tho names of witnesses?”- '’ ■' - -. . “ John Berry and- William Hackman, two of tho servants.’.’ - - “ Are they to bo got hold of ? ” “ They aro both dead.”" “That is unfortunate. Have you a copy of tho will with youi ” . .“ I believe Mr Vincent has brought cno „ with him.” ■ .. • , / Tho old lawyer drew from his bag a copy of the document, and handed it to rao. - i 1 “ One moment, Mr- Vincent,” I said quickly. “Before I look at this copy I should like to ask your opinion. Do you consider the will a genuine document or the reverse ? ” ' ’ “My dear sir,” ho returned sadly. ,f I fear, that the will is. only top genuine. My late client, Mr Gideon Calthorpo, was :as you have heard, ■ quite abnormally eccentric, and it is more .'than f possible that he made this will and- loft it in tho place i whore Roger Calthorpo states he discovered it. Time after time I have known :him to commit acts equally Unconventional, for-ho was a man who delighted in ’defying ordinary < customs whenever he had the opportunity .” 1 “Even to the point of disinheriting his daughter in favour of a nephew and of deposing his will in tho leaves of a hook?” , ' .“Yea, - Mr. Rpnshaw.- Even- to the point of disinheriting his daughter in , , favour of a nephew/and of depositing his will in tho leaves of a book.” •

It. I said no more, but taking up tho copy i of tbo will, carefully road; it through. It was very brief, and after leaving sundry small bequests to friends ,nud -servants, and an annuity of ',£200; to his. daughter, tho testator went on ,to say that all the rest of his property, without reserve, was left to “my nephew. Roger Calthor'pc, formerly of Hunstanton, and at tho present time in Australia.”- Tho will further stated that, it was made to show that he, tho testator, was able to stand by a man whom others persecuted,' and' that be hoped tho Calthorpo estates ' would “ make up to my poor nephew, for tho boycotting which ho- has undergone at tho bands of the - Calthorpo. people and society generally.” As I read tho document, there flashed through my brain a sudden idea; Going to my book-caso, I took down ,a bulky volume and nonsuited it. • , ’ “ By Jove,” I said to myself, “ it’s as I thought.” Then I turned to the two astonished visitors and said with a triumphant look—■ . ■ •, , . . “.Miss Calthorpo and Mr Vincent. The will is a forgery. Ih'was never written • and signed bj Mr Gideon Calthorpo on tho Ist September; 1875.” “ How do you prove it? ” they asked iu a breath. ... “ I reserve my proof until the day of the trial.”. - ' , ' Mr Vincent looked amazed, and tho young lady said with a, .bewildered glance—, . " 1 do not understand you.” “Perhaps not, and I will speak to you plainly and iu confidence; lam an unknown barrister, trying, to fight my, way along the thorniest .road- in the . world—tho road of the law., If I wore to tel! you here and now tho point which;shows mo tho will is arfalse document, the-case would never :corae on-in the courts, for ■ Mr -Roger Calthorpo, could not. possibly ■ fight it, knowing that not. 'only was., ho bound to lose, but thafho would run tho risk of prosecution for forgerw.' I have to consider my career? Miss Calthorpo-, ; . oven* as you have to consider-vour property ; and I say a gain. ‘ that if I si". not allowed to reserve rho point I have discovered till I mention it .before.tho judge and jury, I will resign the case altogether. i You will pardon mo, I an? sure, if I have snokon discourteously, but here " I have within ray reach an extraordinary chance of fighting a case-which will make my fortune.” • ■ < 1 .There was .a long pause:., ; Thou tho young lady came towards me end took my hand, >. , • • , _ “ Mr. Eenshaw,” she said, “ I ora quite of yotir opinion. Lot' the case come on, hj-’all means, and I will ask you alone to -represent mo.”' : ■ ,

We then discussed various details connected with the ensuing litigation, and I went to bed that night feeling happier than I had felt for years. For I knew that tho moment was at hand when I should obtain the chanco for which I had longed and prayed, and that chance had como to mo in the shape of the Calthorpo WiJ caso.

in. . /■,/ The court was crowded. ' Mr Shelf, Q.C., tho great counsel, was retained by tho other side, and a well-known junior supported him. On our side, counsel was represented by myself alone, I being aided by Mr Vincent, the solicitor. Mr Shelf made out an excellent caso for his man; and, indeed, the will was so skilful a forgery that tho case spoke for itself and could well-nigh have dispensed with so expensive an orator as the eminent Q.C. The jury listened attentively, amt it was quite obvious that they and tho judge wero much impressed. The document was handed round tho jurybox, and with it were also presented original letters from the late Mr Calthorpo, in order that the two handwritings might bo compared. Miss Calthorpe was, of course, crossexamined, and although she boro herself as bravely as possible, the diplomatic questioning of Mr Shelf elicited various facta which strengthened Roger CalUiorpp’s fcasc., For instance, ho absolutely forced tho young lady to admit that her late father, being exceedingly eccentric, might quite possibly have made-such a will and left it where Roger Calthorpo Stated he had found the same. Bit by bit, tho wily Shelf extracted evidence from tho girl which would have mined tho case most absolutely had I not Held in my hand a trump card which I was preparing to play at the proper moment, in tho luncheon interval, Mr Vincent had a long conversation with me. “The caso is lost already, Mr Renshaw/' ho " said bitterly; “it-is quite plain that not only the jury, but the .judge also, believe in the genuineness of the will. The caso is lost.” '■

“ You forgot ono thing,” I said calmly. • , “ What: is, that?” ho asked quickly. “That the case is not yet ended.” , At two o’clock, the judge returned. The court was- hushed as I rose to open the case for the defendant. After a few preliminary: remarks, I said in a loud, ringing voice“My lord, and gentlemen of the jury, I, am not going to conduct an elaborate examination of tho parties in this case, nor will it be- necessary. I propose to calf two individuals into the witnossbyX, only. First of all, the plaintiff.” Roger Calthozpe stopped jauntily into the box. It was obvious that ho considered his case won. “ Are you prepared to swear,” I asked, “ that you believe tho will which you are contesting to bo,.a genuine document?” “ I. am.”

“ Are yon also prepared to swear that you believe it to have been drawn up and signed by Mr Gideon Calthorpe.” “I am.” , ■ ! ,

“Thank you. That will do.” “The other witness, my lord and gentlemen,” I then remarked, “is Pro-fessor-John Rankin, F.R.S., one of the most eminent etymologists in the kingdom.”"- : . ■ ' A thrill of excitement and a murmur of astonishment ran round the court, ami it was plain to see that everyone, including tho plaintiff, was exceedingly puzzled by this announcement. Even tho Judge leaned forward slightly and looked eagerly about him as the professor, a dignified, keen-looking man, stopped quietly into the box. , “ Professor Rankin,” I / remarked; as I -took up a copy of the will that lay on the table; “in this will, alleged to have boon signed by the late Mr Calthorpo in. September, 1.875, I find the word ‘ boycottedemployed. Will yon tollus when that word first came into use ? ” 1 “ Certainly. Tho word was ’ first employed in tho year 1880-. It took its name from Captain Boycott, who was subjected to ostracism about that time; previous to -then tho word was not hr existence save as a proper name.” - “ Are you willing to swear; that? ” “ I will- stake ,my professional reputation upon it; .in addition, I have here throe well-known works of reference by leading men. In each case, you will find? the "'.fact -confirmed.” ■ - Excitement was ■ now ■at fever point in the hot room. ’ Roger Calthorpe was white as death, and I saw in his face that he knew the game was up. I. went on.

“That being tho case, Professor Ran} kin, it would bo .quito impossible for a man to make a will in tho year 1875 and use 1 therein the word ‘ boycott.'.” Of course. Absolutely impossible.” * Thank you- very much. That is sufficient”’ ■ ’ ■ “'I shall now,” I said quietly, “ repall tho plaintiff/’ _ Ho staggered into the box and stood there with twitching hands. “Roger Calthorpe,” I said sternly, “vou have just heard what the witness inis skid. Will ■ you now' tell'the jury how it comes about that this will contains a word which was only used five years after the' date of that will?” Ho tried to speak, and stammered out something unintelligible. “ Go oh,” I cried, “ we are waiting to hear.” Ho looked at mo with a glance that I shall never forgot, and then fled d'rom tho hex and the court. He was never hoard of again. 1 Twenty minutes later, the jury, without leaving their seats, returned a verdict' for the , defendant, and the Caltherpo case was lost and won.