Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image

"ALMA."

As Original at 'D.a't ia i,\ UAKuLLt SIK- 'M S. K-r . M.T. OK M-v r«*riV w\u,>, . (' '• / ' ■■ ■■•) CHAPTER LV. Cl COD»T—Tilt CAi;; tail THE PLXIBTtFf. There was a good gathering iu the court of Common PLus wlica the o. j e, l)je on the demise of Je.in s Tradeisr 1 />n< Sir Charles North, was c dl-J on ior trial. Ttie defendtot was well-known hj th in fashionable and commercial cades, an i not s !e« members of the l.'ppsr Ten Ti.r us-nd had come to bear the celebrated c»s--. >;hi;’i inv.l v.■.l the characters oi me rival c’atnunt-. as w. 11,I 1 , as the disposal of a largj form le. Bonce llarvIborn was th rr , in great force, shaking hands with eve-,, bo i.v w.-rtti shaking hands with, and win ptni,' in too ears of great ladies, and in n A podlioa, the latest on-diti concerning ;h ; ci-e. Then, too, there was a great mastering of the legal prolei on, it b‘ing understood that counter charier of for.’ery, and conspiracy to defraud, would be br >u bn: against the solicitors of the pirt.er ti ::i j suit. Olonr partii.lat f ienls, there were present: Sir Char.;-* X 1-Jl. Mr. r.n l Mrs. Dart Tredegar, M. nr.euf Brant,ms ( vho bad come over from Parti for the express purpose) and Seth Parkins. Harry Lwcelles and hit bride Wrra absent, not having jet returned from their weddingtour; whilst Brine Lerievna had, for soma unexplainable reason r (ated tv attend the trial, and bad o u t bt. ; t > Paris i fe » days previously, alter a flytog v.-it tv L ndon. By the si le oi Mr. I it- i-rtnv tin, sat the Professor, bokin; etrevorn and anxious; but Sumner wit not in c urt, it having been decided that he should not put in an appearance until the Us: moment. On the broch, sat the Lord Chief Justice, by whose side seats had been pla ■ 1 for soma ladies of rink, who had c mo th-re in search of a sensation, ir. ih in the same spirit as they would have gone fo a theatre or a contest. The necessary preliminaries having been gone through. Mr Bumptious Q. C. rose, and, hitching op his -omi proceeded to state the ease for the plain .hf. He was a huge, unwieldly gentleman, .?i:h deep-set eyes overhang by enormous gray eyebrows, a long, pendulous nose, daintily flecked with roey spots towards the tip, and a large, thick-lipped ni nth, which he occasionally opened, and then shut with a loud snap,which proved very elective in terrifying a timid witness. “ May it please your lordship, gentlemen of the jury,” he began, “ never in the coatee of a long career, has it been my fate to champion a cause which is so palpably that of trutn and justice as tint of my client in this instance, it is our unhappy f„te often to be brought face to face wi:h crime, and cur hearts are supposed to bo d-'al tv ail the more tender emotions of the human nature. To a certain extent, this U tru -. We, who have daily to plead the cju e of the oppressed and nufortunate, cannot aii.vrd to give way to our feelings on every occasion. We are compelled, so to say. to bo»tb np our sympathies, in order to avoid the wear and tear which wonld result if we gave them free vent. Once in a while, however, it happens that the advocate cannot steel his hears to the wocc of bis client, and such is the case with myself in now addressing you." -Here the learned gentleman paused, and. extricating a huge, snuff stained bandanna handkerchief from bis coat tails, applied it to his nose with great dramatic effect. His voice, when he rammed, was low and broken, but be soon gathered strength, and thundered as loudly as be was wont. He continued : “My client comes before you this day seeking to rescue the home of his ancestors from the ru'hlcas grasp of the ■poilr. lie comes bringing with him the orphan children of his brother, who have also been made victims of this most treacherous attempt at fraud. lam bets reminded that these children, who have been to my client as bis own, have been estranged from him through the arts of hie wily opponents; bat their interests are identical with his, and when we have torn the mask from the face of their deceiver, they will once more learn to recognise the value of the affection they have of late been taught to reject and despise. Oar case is briefly thissome time last year Mr. James Tredegar, a gentleman of aonsiderable wealth, died, leaving behind him a will bequeathing the bulk ol his property to my client, Mr. Stephen Tredegar, commonly known as Professor Tredegar, and farther devising large sums ol money to the orphan children of his deceased sou, James, and suitable legacies to his household servant*, most at whom had terved him faithfully for years. We shall prove that this will was executed on the very day of the teefaun's death, but whilst be was in the full poMaaeion ol his faculties.'’ ' We do not intend to raise that point,” •aid Sergeant Jekyll. “ Very well,” replied Mr. Bumptious. “It bloat as wall that you do not, for it would fan* been useless if you had.” Mr. BumpHaas delivered this remark iu bis jocular ■nasr. and was rewarded by a laugh, in Wfdeh tome of the jurymen joined. “Sow, gentlemen," ha resumed, " nothing Motaenwhun than that this will wa« pro--626

perly excelled, you will wonder why we come inn court at all—the explanation lies in the fact that the defendant claims the who e of the enormou i property of the late ' James Tredegar—a property which, I am credibly informed, yields, or is capable of yielding, an annual i icomo of over twelve thousand pounds, besides a largo house in London, and very valuable personal eifects— I say, the defendant claims all this under a deed of transfer, purporting to have been made years previously,for which the absurdly inadequate consideration was an annuity of five thousand pounds! I ask you now, is it possible to believe that a keen man of business, like the late Mr. Tredegar, who was, in the main, the founder of his own immense fortune, would have been guilty of such an act of folly ? The defendant, seeing how hopeless it would be to make any twelve men of or unary intelligence believe such c, story, has sought to bolster up his case b? ; letter from the late Mr. Tredea-'r, in which he is sup ;o-;d to give as his reason for t uoh an extraordinary proceeding, the extreme distrust he had of my client, his son, Stephen, 'who, he is made to say, is a very monster of iniquity, end capable of any crime 1 The absurdity of such an accusation is eve i mors patent than the absurdity of the pr;tendsd transfer. Stephen Tredegar is a man of science—a gentleman who has lived for many years in a secluded village in Germany, where ho pursued his vocation as a chemist of the higher order. Tours he btougnt up the children of his deceased broth-r, leading with them a harmless, blameless life. If he were the astute villain the defence would make ont. is it likely that ha would have been content with such a humble, retired life? Would he not rather have utilized hia talents for intrigue, and established himself in soma great city where his talents would have a field for display ? The latter, I referred to—as I am instructed, • most impndant forgery alleges that Stephen was in league with his father's solieitor, and that the two would infallibly combine to obtain the property somehow—if so, why did not the elder Tredegar dismiss this solicitor, and employ soma other in whom he could confidently rely? You will sec that, in ordir to sustain this deed of transfer, it I was absolutely necessary to blacken the 1 character of the solicitor, who, under ordinary circi.mtanoes, would have been entrust! with its preparation. The letter co.naiua also a vague tnrea- of some formidable disclosure affecting the moral character of ray client. I need scarcely say that we have nothing to do with that. If Stephen Tredegar were the greatest villain in Englaii i, could not affect his right to his Lt -r s property; but there is deep malice in to;,! threat. Any accusation will always euncGmt taint the character of the purest of men, and most especially when it is vague a.id undthned. Some motive was necessary to a.camt(or the singular animosity which the ikienuant wishes you to believe that Jan. s Tredegar cherished for bis son and natuiai heir, and refuge has been taken in oow.u .dy insinuation. But the real case tor the defence lies in the unimpeachable evidi ace afforded by the bank books of James Tredegar and Sir Charles North, which clearly show that large sums of money were paid by the former to the latter, and that annual payments of five thousand pounds were made in return. They contend that the sums paid by James Tredegar were the rents of the estates, and that the payments of Sit Charles North represented the annuity. But 1 shall be able to place these transactions before you in a very different light. For many years, the cider Tredegar and the defendant spsculated largely together in a species of informal partnership. The same books will show that large sums of money constantly passed between them, and I am advised that the payments, upon which the case for the defence rests, were either made in pursuit of such speculation, or, which seems to me more probable, that a considerable loan has been made to Sir Charles by the deceased upon condition of repayment' by annoa) instalments of five thousand pounds. I must ! direct your attention to the great probability that tue idea of this bill of transfer was fitc! suggested by these money transactions, which could be made so sexvioable, in supporting by apparently unimpeachable evidence the supposed sale to the defendant. You will also ba told by the defence, that James Tredegar waa in the habit of making wills, (or the purpose of leaving hia solicitor in doubt as to his final intentions. Was there ever a more lamo attempt at explaining away a difficulty ? Lika many rich men. the late Mr. Tredegar was much exercised in mind with reference to the final disposition of his property, and having no specially loved one amongst his relations and friends, he changed his mind very often, But granting, for the sake of argument, that be waa actuated by the suggested motive in making so many wills, is it not in the last degree improbable that he would carry on this deception whilst he lay in articuh mortis— in the very jaws of death ? At such an awful time when the portals of the unseen world were gaping to admit him, would he—could he—busy himself about such a trivial matter as deceiving bis solicitor 1 Such an act would, in itself, be evidence of such a morbid condition of the brain as could only be regarded as insanity. Dying men do not o°ocupy themselves in telling lies wfth their last breath—or, if they do, they cannot be sane ; and we shall show most conclusively that the testator was in lull possession of his faculties, although the power of speech had almot; left him. I will not further occupy the time of tbs court, as I am satisfied I have said enough to show to you the monstrous nature of the conspiracy to which my unfortunate client has fallen a victim. Call Jo-;iah Tnisllethwaite.” The solicitor took his stand in the witnessbox with a jaunty, self-satisfied ait, which was, in truth, assumed for the purpoto of concealing the nervousness he could not help feeling at the prospect of the ordeal before him. In reply to one of the junior counsel for the plaintiff, he deposed that he had acted as sohoitor and confidential agent to the late Mr. James Tredegar for many years, that he had prepared many wills by the direction of the deesaaed gentleman, and that the last of these-the one under which the plaintiff claimed the property—had been executed in hia presence, after having been read over by the deceased in the presence of the attesting witnesses. Mr. Jamas Tredegar, he continued, was able to converse with him during I the earlier part of their interview, and was I certainly in full possession of his faculties, but he gradually became so weak that the [ exertion of talking became too great lor him, , and (if the witness remembered aright) he signified bis approval of the will, in the ; presence of the witnesses , by a simple | monysyllable and a bend of bis head. Witness was thoroughly conversant with James Tredegar’s affairs, and had no reason whatever to suspeot the existence of any deed of transfer auoh as that under which Sir Obarles North had entered into possession of the property. The consideration of an annuity of five thousand pounds was utterly inadequate, as the revenues of the estate never were less than ten thousand pounds per annum. He knew that Mr. James Tredegar and the defendant, Sit Charles North, had speculated together, although he had , been brought in contact wi.h Sir Charles, the business between them being, he supposed, transacted by a share- ; broker. Questioned as to the relations sublisting being the deceased gentleman and I his son, Stephen, Mr. Thistlethwaite said that they bad been estranged for many years, owing to some love affair of which the lather disapproved. Had known Mr, Btephto Ttedegat and done business (01

him, Never heard the eldest Tredegar allege that his son had been guilty of any offence beyond that mentioned, and had reason to believe that the old gentleman would have readily become reconciled to him, had Stephen presented himself for the purpose, as he (witness) had often urged him to do. Believed that Mr. Stephen Ttedegar had some position in the scientific world, and held the title of Professor, owing to his having held such a position at a German university. The children of the elder son, James, long since deceased, had been educated at the cost of their uncle Stephen, who had adopted them on the death of their parents, some thirteen or fourteen years ago. Had heard the elder Ttedegar speak in terms of commendation of this action on the part of his eon Stephen, and believed that his last will was made in accordance with that feeling. The witnesses to that will were tradesmen residing in the neighborhood of the deceased, who had been called in (or the purpose, as !e ies had been left to all the memoirs of the household. Mr. Curtis, one of the junior counsel (or the defendant, began bis cross-examination by asking Mr. Josiah Thistlethwaite whether he was the same gentleman who bad recently been accused of malpractice. This question was objected to by Mr, Bumptious, and ruled inadmissible by the Court—but the end was obtained all the same—the jury were made to understand that the witness bad been engaged in some transaction which had been considered by some pe eon or other as infamous. This is a favorite method of procedure in courts of justice, barristers being perfectly satisfied to put a question wbicli they know will not be permitted, but which serves their purpose in damaging the character of a witness, often, indeed, more than if the answers are forthcoming. Alter some unimportant questions, Mr. Curtis asked whether Mr. Thistlethwaite was not in the habit of corresponding with Mr. Stephen Tiedegar. “ I wrote to him occasionally when the business which 1 was transacting lor him require! it,” was the answer. “ And, of course, you did not always Strictly confine yourself to business?” “51 do not|anppoie any man of business is in the habit oi mixing up other matters with his business,” replied Mr. Thistlethwaite. ” I know that I am not.” " Will you sweat that it was notin consequence of a letter sect by you that Stephen Ttedegar oame over to England a day or two previous to his father’s death?’’ The witness hesitated, reflecting that it might be possible that some of his letters had fallen into the hands of the plaintiff through Alma or Dart Tredegar, but ho was saved by Mr. Bumptious, who objected to the question. ” I am anxious to establish the (act that a conspiracy existed between the witness and the plaintiff," said Mr. Curtis. " The question is, I submit, admissible.” “ Not certainly in that form, Mr. Curtis,” said the Chief Justice. “ The witness could not possibly give evidence as to the motive of the plaintiff.” " Tnen, my lord, I will put it this way : Did you write to the plaintiff informing him that his father was dying ?” After further argument, Mr. Thistlethwaite was obliged to reply that it was possible he might have mentioned the faot as he was then in correspondence with the plaintiff upon another matter. Air. Bumptious objected here to the line of cross-examination adopted by his learned friend. They wore not their to try the validity of the will under which the plaintiff claimed, but to decide upon the value of the deed of transfer. Probate had been taken out in due course, and a verdict in favor of the plaintiff would not establish his right to the property as against claimants under any previous will, but would merely nulify the title of Sir Charles North. To insinuate, therefore, that there was anything wrong about the will, waa merely to waste the time of the court. Mr. Serjeant Jekyll differed from his learned friend. The locus standi of the plaintiff must first be definitely settled. It must be clearly shown that he bad a tight to appear in that court as a claimant. His claim must come under consideration before that of the defendant was dealt with at all. Moreover, what was the object of putting in evidence with reference to the will ifthe question of its validity had no bearing on the case! The defendant was entitled to question their right as much as they were entitled to question hi». After a long argument, in which all the counsel engaged in the ease took pari, the court decided with Serjeant Jeykll, and the cross-examination was resumed. But nothing of any importance transpired; Mr. Josiah Thistlethwaite had told his tale, and adhered to it, submitting to a badgering which lasted for over two hours without letting hia opponents score another point against him. “Did you see him after the will was made ?” asked Mr. Curtis in cross-examina-tion. “ 1 saw him twice on that day, I find on referenceito my book, but I could not possibly tell whether he bad then made his will or not,” was the reply. “ Was be in the habit of talking to you about bis affairs ? Did he tell you he bad made a will that day ?” 11 1 had known Mr. James Ttedegar (or many years, and always found him, like most successful men of business, very reticent. We never conversed about [bis private affairs.” ” Then be might have made a will that day?” asked Mr. Walton, counsel lor the plaintiff, when Mr. Curtis had resumed his seat. " He might—l see no reson why be should not have done so,” the doctor replied, and the examination ended. Jsbez Hooker then deposed that he had witnessed the will in question,which was read over in bis presence to the deceased gentleman, and approved by him before he signed it. “Is it not unusual (or witnesses to be made acquainted with the nature of a will they are witnessing ?” asked Mr. Curtis. Witness knew nothing about it. Had never witnessed a will before, and never wished to witness one again. Was a struggling tradesman with a large family, and thought it bard lines that, just because he bad obliged a customer by witnessing hia will, be should be dragged away from bis shop, and kept dangling about the court day after day for almost nothing. Mr. Bumptious interjected that the will had been read over in the presence of the witnesses because of the condition ol the deceased gentleman, and by his express desire. There could be no object in keeping its provisions secret, as he was at the point | of death, and all would be known in a few I hours. j “You saw Mr. Tredegar sign the will?” ; continued Mr. Curtis, | “Yes.” “ You are sure it was Mr. Ttedegar ? You knew him well?” "I knowed him well enough. Anyhow, are it likely as anyone else could be a-settin’ in Mr. Tredegar’s bed in his own room ?" John Stiles testified tothesameeffect as the [ lust witness, but added that the room was so i dark he could not very well distinguish the i features of the testator. | "Do you doubt that it waa he, then?” asked Mr, Curtis, eagerly. " No, sit— it was him sure enough, but the room was darkish, and there was heavy curtains on the bedi so that 1 remember wonder-

iog how be could see to write bis name.” The late Mr. Tredegar’s butler and housekeeper were then called and gave evidence as to their master’s sanity, but, as it was shown that they were directly interested in the success of the plaintiff, being expectant legatees under the will in question, their evidence could not bo regarded as of much value. Mr. Sterling, a share-broker, deposed that he had transacted much business in shares for Sir Charles North and the late Mr. Tredegar; that he had been in the habit of paying to, and receiving money from, either of the two gentleman, on their joint account, and that his connection with them had subsisted (or some years, during which he had always regarded them as partners, at least as far as speculation in stock and shares were concerned. Being asked in cross-examination whether he had not kept account of ouch sums paid and received, he said that he had, but that, unfortunately, bis books bad perished in a tire some months previously, and it would be utterly impossible for him to remember what monies he had paid or received on account of the two gentlemen. He further added that, even if the books were producible, they would only have shown the transactions en. teted under the names of North andTredegi i as partners, no memorandum having been kept as to which of the two gentlemen made or received the payments. The ease for the plaintiff closed here, and, ae it was then late in the afternoon the court adjourned until the following day.

CHAPTER LVI. V rBB CASE FOB THE DEFENDANT. On the resumption of the oase, on the following morning, there was even a larger attendance of the public than there had been on the first day. Mr. Serjeant Jekyll stated the ease (or the defence as follows: "My lord, gentlemen of the jury—my learned friend began yesterday by telling you bow deeply bis heart was touched by the pathetic conditio*. in which hia client has been placed by the defendant. 1 shall begin by telling you that my feelings also are interested in this case, in as much as I cannot help feeling indignation at the impudent pretensions of the plaintiff, based as they are upon the unwarrantable assumption that my client, Sir Charles North, a gentleman widely known and esteemed, has leagued himself with one oi the most respected solicitors of this city to defraud by meaus of forgery and perjury. For, if the case for the plaintiff be true, these gentlemen must have entered into such a conspiracy, and been guilty of such crimes. 1 shall soon show you, however, upon bow rotten a foundation this charge is based, and how, in reality, the gnilt is with those who make the charge. In the firet place it is necessary to consider the claim made by the plaintiff under the supposed will of whioh so much has been said. Bis lordship will not fail to tell you, gentlemen ol (be jury, that, unless you are thoroughly satisfied that this will is genuine, it will be yonr duty to return a verdict for the defendant, without taking into your consideration the deed of transfer under which be now holds the property at issue. I must ask you distinctly to understand that a verdict (or the defendantwill in nowise bar any future claim whioh may be made by persons fancying themselves entitled under any other will, but will be merely an expression of opinion on your part that the will we ate now dealing with was not made by James Tredegar, or waa not a genuine expression of his last wishes. For, I beg you to remark (hat it by no means follows, even if you are satisfied that he executed that will, that it was a bona-fide expression of his intentions with reference to the disposal of his property. Our case is that he made many wills, with a view to deceive his solicitor, who now acts for the claimant, and we contend that, even if the will in (question were genuine, it was merely intended as a blind. But 1 am in hopes that 1 shall be able to show clearly that the will is merely an impudent forgery. Let us now consider what the plain tiff 's witnesses have to say with reference to this matter. Mr. Thistlethwaite says he prepared many wills for the deceased gentleman, thus admitting a most important (act. He also admitted that he had been in correspondence with the plaintiff, and might have informed him of hia father’s illness, and urged him to come over to England at once.” “ Mr. Thistlethwaite did not say that he might have urged the plaintiff to come to England, he merely admitted that, as he was in correspondence with Stephen Ttedegar, on other matters, at the time, he might have informed that gentleman of his father’s illness,” interjected Mr. Bumptious. " Aly learned friend may be right,” said Serjeant Jekyll, “ but it is of no real consequence, for the witness admitted that a letter whioh was shown to him was apparently in uis own handwriting, and that letter will show conclusively that, not only did he urge Stephen Tredegar to oome over at once, but that he wrote to him for no other purpose. Let me now direct your attention to the peculiar circumstances attendant upon the execution ol this extraordinary will. The solicitor swears that the testator was too ill to speak in the presence of the witnesses; Jabez Hooker and John Stiles swear that it was read over to them before it was executed—a most unusual course of procedure, as His Lordship will tell yoa—and John Stiles swore that the room was so dark that he could not well distinguish the features of the deceased gentleman. These witnesses were comparative strangers to the testator, being merely neighboring tradesmen with whom he bad been the habit of dealing, who had been called in to witness the will because legacies were left to all the servants of the household. This is a very convenient way of securing a body of useful allies, and, at the same time, securing the absence from the room of persons intimately acquainted with the deceased. What will you think, gentlemen, when I tell yoii that James Tredegar was not in that room at all?" Serjeant Jekyll paused, and a thrill ol expectation was noticeable throughout the court, the oase was becoming exciting. Many eyes were turned on the Professor and Thistlethwaite, who exchanged a hurried whispered conversation with Mr. Bumptious. They both looked pale and anxious, but Serjeant Jekyll alone had noticed the slight start, and rapid interchange ol glances, with which his announcement had been received by them. He resumed ; “ Yes, gentleman, incredible as it may at first appear to you, I assert that James Tredegar had no mote to do with that will than you or I. I do not impugn the testimony of the witnesses, Hooker and Stiles, I believe every word they said, but they were deceived in supposing that James Ttedegar signed that will, for the person who did it was his son, the plaintiff, Stephen Tredegar 1” This denunciation, the learned gentleman delivered with tremendous force, and, for a moment, the Professor, upon whom all eyes were turned, winced, as if under the lash of a whip. Whence had they derived the information upon which this accusation was founded? He knew not—he could not imagine how a secret only known to himself and Thistlothwaile had been betrayed. Turning to his lawyer who sat by hia side, he asked, by a glance, the question ho dated not give utterance to. Thistlethwaite, pale as a ghost, bad yet presence of mind enough to shrug his

shoulders, as if insinuating that the a-e.ra-tion was merely a trumped-up charge, of a piece with the rest of the case for the defence. This pantomine did not occupy a minute, whilst the sorjeant was wiping his brow, and drinking some water. " Gentlemen of the jury,” he continued, “ by a special act of Providence, we have been placed in possession of the facts of this detestable conspiracy; for the real truth ol the impersonation was known only to the gnilty patties themselves; but, out ol their own mouths, we shall convict them. We might close our case here, but I shall not rest until I have thoroughly convinced you of the truth and honor of my esteemed client, Sir Charles North, and his solicitor, Air. Freeman. I shall produce witnesses who will swear to the signatures on the deed of transfer—experts, men of business and personal friends of the deceased, and I believe that in (ace of their testimony, you will entertain no shadow of doubt that it is a genuine document. You have been told that my client and the late Mr. Tredet at speculated largely together, and that the various payments between the two gentlemen, which, we contend, were in pursuit of the contract made by the deed of transfer, were, in reality, but incidental to such speculation. It happens, most unfortunately, that the books of the broker who was employed by them, were destroyed, but we shall produce receipts and entries in ledgers which I think you will have no difficulty in acknowledging as genuine, and the important (act must not be overlooked by you that the payment of five thousand pounds was made at regular intervals by Sir Charles North, which could scarcely ba the case if it were in pursuance of haphazard speculation in stock and shares. With reference to the theory that a large loan had been made by Tredegar to North, I shall only point out its extreme improbability, as Sir Charles North’s banker will prove conclusively that he was never in want of money within his (the banker’s) knowledge, and that bis drafts would always have been honored to a very large amount in excess ol bis balance. The fact is that the case of the plaintiff is entirely baaed upon theory, as far as the deed of transfer is concerned. The theory of my learned friend involves the supposition, not only that more than one forgery has been committed by Sir Charles North, or at his instance, and that various respectable persons are willing to perjure themselves, but it also involves the supposition that a series ol coincidences have occurred which have been ingeniously twisted to meet our view of the transaction. This is a violent assumption which would only be warrantable if (aots supported it; as it is, it is the 1 baseless fabric of a vision’—as airy and unsubstantial as a Will o’-the wisp. 1 will now—b-fore dealing with the plaintiff’s claim under the supposed will—proceed to establish out position with reference to the deed of transfer. Sir Charles North then entered the witnessbox, and deposed that he was the defendant. Had known the late James Tredegar for many years, and been associated with him in many speculations. Beceived one day a letter from him (produced) in accordance with which the deed ol transfer was prepared and executed. Sir Charles then gave a long explanation of all the circumstances ol the case known to the reader, and produced a number ol receipts, letters, bank-books Ac. He waa subjected to a prolonged crossexamination by Mr. Bumptious, who strove in vain to make him loose bis temper or contradict himself, and, on taking hia seat, was congratulated by Serjeant Jekyll upon his behaviour in the witness-box. Amongst other questions, be had been asked whether he had not sought to detach Dart and Alma Tredegar from their uncle. Sir Charles admitted that he had offered them a house, being satisfied that the Professor had only borne the cost and trouble of their education for the purpose of ingratiating himself with bis father ; he added that in so doing he was merely carrying out the wishes of the elder Tredegar, who bad urged him to adopt the children if he found thorn worthy. Sir Charles also said that, if he were successful in the suit, it was his intention to divide the property equally between Dart and Alma, and to make it over to them at once. This announcement caused some sensation in court, and Mr. Bumptious audibly remarked that it was merely an attempt to oatoh the sympathies of the jury. The next witness was Mr. Freeman, who also had nothing to tell that is not known to the reader, and waa likewise subjected to much badgering by the counsel for the plaintiff. Two clerks in the employ of Messrs Freeman and Truelove then deposed that the signature of Thomas Sumner to the dsed ol transfer waa, in their opinion, genuine, and that the body of the instrument appeared also to be written by him. Sumner bad been often, within their knowledge, employed upon confidential business by Mr. Freeman, as he occupied the position of confidential clerk to that gentleman. They understood that he had been dismissed on account of his dissipated habits, which had led to frequent absenoes from the office, and late attendance in the morning. Knew nothing else against him. The manager and the accountant of the bank with which the late James Tredegar did business, swore that the signature to the deed ol transfer was, to the best of their belief, bis; and produced books showing entries of sums received and paid in connection with the dealings between the deceased and Sir Charles North. An official from Doctor’s Commons now produced the will under whioh the plaintiff claimed. Samuel Smithson, an expert of standing! was then examined. With reference to the deed of transfer, he was of opinion on comparing it with other documents in the handwriting of Thomas Sumner that it was genuine. Being asked to look at the will he said that the signature ol James Tredegar (attached to it) appeared also to be teal, but, having learned that it was supposed to have been written whilst the deceased gentleman was speechless, and in extremis, be had no hesitation whatever in pronouncing it as a forgery. No man could, under such circumstances, write his name in his ordinary fashion. Had examined hundreds of signatures obtained under almost simili&r circumstances, and in no single instance was there one whioh bore more than a general shaky resemblance to the signatures of the persons whilst in health. Mr. Curtis then handed the witness aom« letters, and asked him to compare the writing and signatures, and say whether, in his opinion, they were all written by the same hand. Ur. Smithson examined them long and oarefully, and said that they were most undoubtedly so written, adding that corroborative evidence was afforded by the paper which bore the same water-main and the printed address at the commencement of the letters, in which the peculiarity might bo noticed that the tail of the numeral “ 2” was missing in all, thus showing that the type used bad been broken, and that all had been printed at the same time. Mr. Bumptious asked to see the letters in question, “All in good time, my friend,” said Mr. Curtis. " One of them is the letter from Thistlethwaite to the plaintiff, which has been already before the court. You will have an opportunity for inspecting, them all presently.” In cross-examining this witness, Mr.

Bumptious strove hard to lessen the (act ol his testimony by asking him whether, after all, questions as to the genuineness of signatures were not merely matters of opinion, and whether it was not possible that other experts, equally skilled with himself, might not hold a contrary opinion, to his A Arc. But Mr. Smithson was well used to the witness-box, and had been asked questions too often to feel embarrassed, be replied, after such fashion that Mr. Bumptious might as well have left the questions unasked. Another expert then gave eimiliar evidence, and was suffered to leave the box without cross-examination. To him succeeded a well-known physician of high standing, who swore that, in the condition that James Tredegar was said to be, it would be almost impossible for him to use such muscular exertion as would be required to write his signature in his ordinary manner. - " Might not," asked Mr. Walton in crossexamination tor the plaintiff. “ Might not a dying man brace himself to an effort under such circumstances, and write, (or a minute, as usual ?” “ Well, it is just possible, and that is all,” ceplied the witness. Another doctor gave eimiliar evidence, and then there was some stir in the court, as Mr. Curtis called “ Henry Lasoelles.”

CHAPTER LVII. SECRET RECESS. 1 think that the reader, who hag followed the fortunes of my heroine and hex lover thus far, would not believe me it I attempted to locate their honeymoon anywhere else than in Grabenthal, That sequestered village was endeared to them by so many pleasant recollections that it seemed the most natural thing in the world lot them to return to it to enjoy the fruition ol their loves. There wae no argument on the point, neither knew whioh made the suggestion, nor even when it was made; and the expression of their intention caused no surprise in their little circle of friends. There, where Alma had wandered "in maiden meditation, faney free’’—there,where Dornrosobea had dreamed her dream ol love, and tasted the awakening kiss of her prince—there, where they bad oooed their first notes of mutual admiration —there only, of all places in the wide wide world, could they thoroughly realise the blissful present, and speculate over the roseate future.

They made their entry into the villiage, after unpretentious fashion, by the Eilwagen; but Frau Wcrtber had been advised of their coming, and as joyful a procession of merry-makers had assembled to greet them, as if they had been the noble Graf and Grafinn, whose ancestral ruins frowned down upon the valley in rebuke ol such frivolities. There were maidens, looking like so many Oretchens ready to go on in the opera ol Faust, yellow-haired, short-kilted, wreathbearing ; burschtn blushing and bowing ; old men and old woman in attire magnificent with brazen ornaments—in (act, it was high holiday in the village, and everybody was there to do the young people honor. Foremost to greet them—the place wae hie by right—waa the Herr Pastor, silver-haired, and rusty of clothing; but bis old eyes beamed with delight, and wedding-ribbons decked bis bat; whilst in his hand be bore a floral offering in the shape of a huge nosegay, which hedaetened in Alma's waist-band, after he had given her a loving kiss ol welcome. By rights, other village potentates should have followed the Pastor, but Gustl was not to be denied, and grossly infringed the law of precedence, bursting through the throng,and casting her brawny arms around her former mistress’ neck. Frau Wertber, bustling up to interpose, lost her head also, and soon all laws were forgotten—to the terrible discomfiture of (he village marshal of the ceremonies, who wae not pacified until he bad inbibed so many schoppen of beer as to be indifferent to anything. The first transports of the meeting over, a procession was formed, and the young couple were oondacted to the mill, whilst the local band played divers national airs suitable to the occasion. Here a new trial awaited them, for they were compelled Co hold a formal reception, whioh involved endless hand-shakings and pretty speeches, for everybody, with the smallest pretension to be considered anybody, insisted upon paying his or her respects to the bride and the bridegroom. “ Thank Heaven, it is all overexclaimed Harry, when the last of the visitors had departed. “It has been the most perfectly awful trial I have ever undergone in my life.” “ But your trials are not yet over, dear," said Alma, with a smile. “ There is to be a grand ball this evening, and you will have to open the proceedings with tbc Frau Burgmeiaterinn.” Harry groaned. “ It's just my luck I” be said. " \Ve come hers—to the most out ol-the-way secluded spot in all Germany—hoping to be left alone, and, by George, if we had been the Crown Prince and Princess of Prussia they couldn't have made more powwow over us 1" “ And you are not pleased to find that your little wife is not forgotten ?’’ “ Oh, bang it, yes! I appreciate (he compliment, child; still, that does not make it the less a bore. But I am not going to make you unhappy, little one, and I promise I'll dance with the Burgomaster’s wile, or any other trau you like, so long as my feet last.” Harry Lasoelles had not forgotten his experiences on the occasion of Gustl’s betrothal, end, very naturally, be dreaded the ordeal, whioh, however, he knew could not be evaded without giving dire offence to the simple country folk, amongst whom his wife had passed so many happy years. The ball began at hall past seven, and lasted until one o’clock, which were the orthodox hours in Grabenthal for beginning and concluding suoh a “ function,” Harry, albeit somewhat awkward at first, comported himself manfully, and to the entire satisfaction the of villagers,who,one and all, declared that the young Fraulein had certainly found a husband worthy of herself. Notwithstanding the previous evening’s dissipation, everybody was up and doing shortly after sunrise, and, after (bey had made a hearty breakfast, our yonng friends started out (or a ramble; which ended, as might be expected, on the heights of Rubenstein, whioh locality waa sacred to them as the place of their first meeting. The same old rook who had witnessed their betrothal, eat upon the same withered bough, and cawed his welcome as they approached. Be sure ha recognised the youthful pair, whose love-making had called up such fond memories in bis aged breast; but, if he envied their happiness, he could at least console himself by the reflection that he, too, had tasted earthly happiness—he, too, had loved. Then (hay reclined onjthe well-remembered knoll, and chattered pretty, silly love-talk, until Alma declared that it was time to go home, if they did not wish to break Frau M’erther's heart by spoiling the dinner. 11 As if wo could eat 1” exclaimed Harry, reproachfully. " Just when I begin to feel the divine afflatus stirring within my breast —just when I am thinking what a poem 1

ooold write, it I gave my mind to it—you break in with roar prosaic reference to food. Alma, I am ashamed of you 1" “ Maybe, what you mistake lor divine afflatus is only the incipient stage of hunger, dear,” replied Alma, with a merry laugh. “ Come along, at least, if we are not hungry, we ought not to be so poetically selfish as to forget that our boats may be more materially inclined." That this view of the case was shared by the old rook, there can be no doubt, for, as Alma finished speaking, he spread his wings, cawed his farewell, and swept gracefully downward to the pine forest, to hie accustomed pasturage. After dinner, Alma was carried off. willy nilly, by Frau Wcrther, in order that she might deliver a full, true and particular account of ell that bad happened to her since her departure from Grabenthal. Then Harry lit a pipe, and strolled listlessly about the place, feeling very much aggrieved at being thus dep,ivcd of his bride at the very commencement of his honeymoon, and when no other companionship was available, and even reading was impossible, owing to the entire absence of books and newspapers in the only language he knew suOiciently well to be able to read without a dictionary. Alter an hour of unspeakable boredom, the young man wandered back to the mill, and began exploring. He soon exhausted the sitting-room, which had been stripped of all the various little kniok-knaoke that gave it a bome-like appearance in former days, and bad been reduced to that orthodox stiff formality which is the height of style in the eyes of the less cultivated classes. In the corner of the room there was a small door, which Harry opened, and perceived that it led into one of those staircases in the wall, which were so dear to the architects of our forefathers. Ascending these stairs, he found himself in e small turretchamber, which had evidently remained unused sinoe the Professor left Grabenthal, for, on the floor, were many scraps and shreds, the signs of " peeking up.” Near the window •tood an ancient escritore which Harry lost no time in opening. It contained pigeonholes and drawers innumerable, but all were empty, and he was about to turn away ,when he perceived, amidst the brass moulding, a tiny knob, which shone as if it bad been subjected to more constant friction than its surloondings. “ A secret drawer, I'll lay my life I" Harry muttered. “ Now tor a glorious find—open Sesame I" ( To hr ronlililli ii.) A Man Who Could Keep Cool. 11 Miiter, no doubt you have all the teamin' that's required in a school teacher, but it wants more than learnin’ to make a man able to teaoh school in Cranberry Goloh. Ton'll soon find that out if yon try. We’va had three who tried it on. One lays there in the graveyard, another lost bis eye; the last one opened ecbool and left before noontime for the benefit of bis health. He hasn’t been back since. Now, you’re a slender bnitd, and all your learnin' will only make it worse, lor all our young folks are toughs, and don't stand no nonsense." This is what one of the district trustees said to my friend Harry Flotoe when ha made application tor the vaoant position of teacher. " Let me try. I know I am slender, but I am tough and 1 have a strong will,” eaid Harry. " Just as yon like. There's the sohoolhouse, and I’ll have notice given it you want it done," said the trustee. " I do," said Harry, " and I 'll open next Monday at 0 a m." The notice was given, and there was a good deal of excitement in the Gulch and along the Yuba Flats. More than fifty young people of both sexes made an excuse to drop into the tavern to get a sight of the fellow who thought he could keep school in that district, and many a contemptuous glance fell on the slender form and youthful Face of the would-be teacher. Eight o’clock on Monday morning oame, and Harry Flotoe went down to the schoolhouse with a key in one band and a valise in the other. "Beady to elope if he finds we're too moob lot him,” said a cross-eyed, broad-shouldered fellow of eighteen. The isohool-taonse was unlocked, and tbs new teacher went to his desk. Some of the young folks wtm to see what he was going to do, though the ecbool was uot called. Harry opened bia vali'c and took out a large belt. Then, after buckling it around his waist, he put three Colt's navy revolvers there, each eix barrels, and a bowie knife eighteen inches in the blade. “ Thunder I he means business I" muttered the oross-eyed chap. The new teacher now took out a square card about four inches each way, walked to the other end of the school-house, and tacked It up against the wall. Upturning to the desk, be took a revolver from his belt, and quick as thought sent bail after ball into the card till there were six balls in a spot not much larger than a silver dollar. By this time the school-house was half full of large boys and girls. The little cues were afraid to eome in. Then the teacher walked ball way down the room with a bowie knife in his hand, and threw it with so true a hand that it stack quivering in the centre of the card. He left it there, and quietly put two more of the same kind in bia bell and reloaded his yet smoking pistol. ” Bing the bell; I am about to open school." He spoke to the crons eyed boy, the bully of the crowd, and the boy rang the bell without a word, " The scholars will take their seats; I open school with a prayer," he said, sternly, five minutes later. The scholars sat down silently, almost breathless. After the prayer the toaoher cocked a revolver and walked down on the floor. "We will arrange the classes," ha said; ‘‘all who can read, write, and rpeil will rise. Of them we will form the first class." Only six got up. Hs escitted them to upper seats, and then he began to examine the rest. A whisper was heard behind him. In a second be wheeled, revolver in hand. “No whispering allowed here!" he thundered, and for an instant his revolver lay on a level with the cross-eyed Iny’e head. “I'll not do it any more," gasped the bally. •• See you do not. I never give a second warning," said the teaeher, and the revolver fell. It took two hours to organize the classes, but when done they were all organiz'd. Then came recess. The teacher went out too, for the room was crowded and hot. A hawk war circling overhead, high in the air. The teacher draw his revolver, and the next second the hawk oame tumbling down among the wondering cchoUrs, From that day on Harry kept school tor two years in Cranberry Gulch, bis salary doubled after the first quarter, and his pnpils learned to love as well as to respect him, and the revolvers were out of light within a month. They had found a man at last who could keep school. This is a last.

Respect the Rights of Others.—The imb or «omm who poeaesees the trot spirit ol conciliation knows that no right U too mull to b« respected, no kindness too trifling to be rendered, no pert of life too insignifiewt Is commend consideretion.

This article text was automatically generated and may include errors. View the full page to see article in its original form.
Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/WAIST18870603.2.20.2

Bibliographic details

Wairarapa Standard, Volume XX, Issue 2076, 3 June 1887, Page 1 (Supplement)

Word Count
8,561

"ALMA." Wairarapa Standard, Volume XX, Issue 2076, 3 June 1887, Page 1 (Supplement)

"ALMA." Wairarapa Standard, Volume XX, Issue 2076, 3 June 1887, Page 1 (Supplement)