Samuel Warren - Ten Thousand a-Year. Volume 2

"Courage, my sweet loves! Courage! courage!" exclaimed Mr. Aubrey, grasping each of their hands, and then they burst into tears. Mr. Aubrey felt his own fortitude grievously shaken as he entered the old Hall, no longer his home , and reflected, moreover—bitterest thought of all—that he had been declared by the law to have been hitherto the wrongful occupant of it; that he must forthwith proceed to "set his house in order," and prepare for a dreadful reckoning with him whom the law had declared to be the true owner of Yatton.

The formal result of the trial at York, was, as has been already intimated, to declare Mr. Titmouse entitled to recover possession of only that insignificant portion of the estates which were occupied by Jacob Jolter; and that, too, only in the event of the first four days of the ensuing term elapsing, without any successful attempt being made to impeach, before the court, the propriety of the verdict of the jury. It is a principle of our English law, that the verdict of a jury is, in general, irreversible and conclusive; but, inasmuch as that verdict may have been improperly obtained—as, for instance, either through the misdirection of the judge, or his erroneous admission or rejection of evidence; or may have no force in point of law by reason of the pleadings of the party for whom it has been given, being insufficient to warrant the court to award its final judgment upon, and in conformity with, such verdict, or by reason of the discovery of fresh evidence subsequently to the trial: therefore the law hath given the party who failed at the trial, till the end of the first four days of the term next ensuing, to show the court why the verdict obtained by his opponent ought to go for nothing, and matters remain as they were before the trial, or a new trial be had. So anxious is our law to afford the utmost scope and opportunity for ascertaining what ought to be its decision, which, when obtained, is, as hath been said, solemnly and permanently conclusive upon the subject; such the effectual and practical corrective of any error or miscarriage in the working of that noble engine—trial by jury. Thus, then, it appears, that the hands of Mr. Titmouse and his advisers were at all events stayed till the first four days of Easter term should have elapsed. During the interval thus afforded to the advisers of Mr. Aubrey, his case, as it appeared upon the notes of his counsel on their briefs, with the indirect assistance and corroboration derived from the short-hand writers' notes, underwent repeated and most anxious examination in all its parts and bearings, by all his legal advisers. It need hardly be said, that every point in the case favorable to their client had been distinctly and fully raised by the Attorney-General, assisted by his very able juniors, Mr. Sterling and Mr. Crystal; and so was it with the counsel of Mr. Titmouse, as, indeed, the result showed. On subsequent examination, none of them could discover any false step, or any advantage which had been overlooked, or taken inefficiently. Independently of various astute objections taken by the Attorney-General to the reception of several important portions of the plaintiff's evidence, the leading points relied on in favor of Mr. Aubrey were—the impropriety of Lord Widdrington's rejection of the deed of confirmation on account of the erasure in it; the effect of that deed, assuming the erasure not to have warranted its rejection; and several questions arising out of the doctrine of adverse possession, by which alone, it had been contended at the trial, that the claim of the descendants of Stephen Dreddlington had been peremptorily and finally barred. Two very long consultations had been held at the Attorney-General's chambers, attended by Mr. Sterling, Mr. Crystal, Mr. Mansfield, the three partners in the firm of Runnington and Company, Mr. Parkinson, and Mr. Aubrey—who had come up to town specially for the purpose. Greatly to the surprise of all of them, he stated most distinctly and emphatically, that he insisted on no ground of objection being taken against his opponent, except such as was strictly just, equitable, honorable, and conscientious. Rather than defeat him on mere technicalities—rather than avail himself of mere positive rules of law, while the RIGHT, as between the consciences of man and man, was substantially in favor of his opponent—Mr. Aubrey declared, however absurd or Quixotic he might be thought, that he would—if he had them—lose fifty Yattons. Fiat justitia, ruat cœlum. "You mean to say, Aubrey," interrupted the Attorney-General, mildly, after listening for some time to his friend and client with evident interest, and admiration of his pure and high-minded character—"that it would be unconscientious of you to avail yourself of a fixed and beneficial rule of law, established upon considerations of general equity and utility—such, for instance, as that of adverse possession in order to retain possession, while"–

"Pray, Mr. Attorney-General, if I had lent you five hundred pounds seven or eight years ago, would you set up the statute of limitations against me when I asked for re-payment?"

"Excuse me, Aubrey," replied the Attorney-General, with a faint flush upon his handsome and dignified features; "but how idle all this is! One would imagine that we were sitting in a school of casuistry! What are we met for, in the name of common sense? For what, but to prevent the rightful owner of property from being deprived of it by a trumpery accidental erasure in one of his title-deeds, which time has deprived him of the means of accounting for?" He then, in a very kind way, but with a dash of peremptoriness, requested that the case might be left in their hands, and that they might be given credit for resorting to nothing that was inconsistent with the nicest and most fastidious sense of honor. This observation put an end to so unprecedented an interference; but if Mr. Aubrey supposed that it had had any effect upon the Attorney-General, he was mistaken; for of course that learned and eminent person secretly resolved to avail himself of every means that he could think of, for overturning the verdict, and securing the Aubreys in the possession of Yatton. He at the same time earnestly endeavored to moderate the expectations of his client, declaring that he was by no means sanguine as to the issue; that Lord Widdrington's rulings at Nisi Prius were very formidable things—in fact, rarely assailable; and then, again, the senior puisne judge of the court—Mr. Justice Grayley—had been consulted by Lord Widdrington at the trial, and concurred with him in his principal ruling, now sought to be moved against. At the close of the second consultation, on the night of the first day in Easter term, (the Attorney-General intending to move on the ensuing morning,) after having finally gone over the case in all its bearings, and agreed upon the exact grounds of moving—the Attorney-General called back Mr. Runnington for a moment, as he was walking away with Mr. Aubrey, and whispered to him, that it would be very proper to assume at once that the motion failed; and consider the best mode of negotiating concerning the surrender of the bulk of the property, and the payment of the mesne profits.

"Oh! Mr. Aubrey has quite made up his mind to the worst, Mr. Attorney-General."

"Ah, well!" replied the Attorney-General, with a sigh; and about five minutes after Mr. Runnington's departure, the Attorney-General stepped into his carriage, which had been standing for the last hour opposite his chambers. He drove down to the House of Commons, where he almost immediately after delivered a long and luminous speech on one of the most important and intricate questions that had been discussed during the session!

At length arrived the morning of the second day in term. Lord Widdrington was occupied for about a couple of hours in "going through the bar"— i. e. calling on counsel to "move" in their order matters of general business, before taking motions for new trials. About a quarter of an hour before his Lordship had completed the round of the bar, the Attorney-General came into court, and arranged all his books and papers before him; Mr. Subtle sitting next to him, intending to take a note of the grounds on which he moved.