Samuel Warren - Ten Thousand a-Year. Volume 2

"Does any other gentleman move?" inquired Lord Widdrington, looking over the court. He received no answer.

"Mr. Attorney-General," said he; and the Attorney-General rose–

"If your Lordship pleases," he commenced, slowly rising and bowing—"in a case of Doe on the Demise of Titmouse against Jolter, tried before your Lordship at the last assizes for the county of York, I have humbly to move your Lordship for a rule to show cause why a nonsuit should not be entered, or why the verdict entered for the plaintiff should not be set aside, and a New Trial had ." He proceeded to state the facts of the case with great clearness and brevity. In like manner—with perfect simplicity and precision—he stated the various points arising upon the evidence, and the general grounds of law which have been already specified; but I am so grateful to the reader for his patience under the infliction of so much legal detail as was contained in the last chapter of this history, that I shall now content myself with the above general statement of what took place before the court. As soon as he had sat down, the judges consulted together for a minute or two; and then—

"You may take a rule to show cause, Mr. Attorney-General," said Lord Widdrington.

"On all the grounds I have mentioned, my Lord?"

"Yes—on all of them. They are very well worth considering—Mr. Solicitor-General, do you move?"

Up rose, thereupon, the Solicitor-General.

"I shall discharge your rule," whispered Mr. Subtle to the Attorney-General.

"I'm not excessively sanguine,"—whispered the Attorney-General, leaning his head close to Mr. Subtle, and with his hand before his mouth. Then his clerk removed the battery of books which stood before him, together with his brief; and taking another out of his turgid red bag, the Attorney-General was soon deep in the details of an important shipping case, in which he was going to move when next it came to his turn.

Thus the court had granted a "RULE NISI," as it is called, ( i. e. it commanded a particular thing to be done—" unless " sufficient " cause " could be thereafter shown to the court why it should not be done,) for either entering a nonsuit, or having a new trial. Now, had this rule been obtained in the present day, nearly two years must have elapsed, owing to the immense and perhaps unavoidable arrear of business, before the other side could have been heard in answer to it. Now, had such been the state of business at the time when the Rule in Doe d. Titmouse v. Jolter was moved for, see the practical effect of it: had Mr. Aubrey, instead of the high-minded and conscientious man he undoubtedly was, been a rogue, he might have had the opportunity of getting in nearly twenty thousand pounds, and setting off with it to spend upon the Continent, as soon as he found that the court had decided against him: or, if the tenants should have been served with notice not to pay their rents to any one but Mr. Titmouse—at all events not to Mr. Aubrey—how were Mr. Aubrey and his family to have subsisted during this interval?—and with the possibility that, at the end of some two years, he might be declared to be the true owner of Yatton, and consequently all the while entitled to those rents, &c., the non-payment of which might have entailed upon him the most serious embarrassments! During the same interval, poor Mr. Titmouse, heart-sick with hope deferred, might have taken to liquor, as a solace under his misery, and drunk himself to death before the rule was discharged—or brought his valuable life to a more sudden and abrupt conclusion: which affecting event would have relieved the court from deciding several troublesome points of law, and kept the Aubreys in possession of the Yatton estates. Thus much for some of the incidental effects of the law's delay! At the time, however, concerning which I am writing, it was otherwise. 4Shall I be believed when I inform the reader that within ten or twelve days after the rule nisi , in the present case, had been moved, "cause was shown" against it, by Mr. Subtle and Mr. Lynx, and very admirably shown against it too. (Mr. Quicksilver, fortunately for the interests of Mr. Titmouse, was absent, attending a great meeting in the City, called by himself to establish a society for the Moral and Intellectual Regeneration of Mankind on the basis of Pure Reason.) The Attorney-General exerted himself to the utmost in support of his rule. He felt that the court—though scarcely at all interfering during his address—was against him; yet he delivered, perhaps, one of the most masterly arguments that had ever been heard in the place where he was speaking. Mr. Sterling and Mr. Crystal, wisely avoiding the ground so admirably occupied by the Attorney-General, contented themselves with strengthening those positions which appeared to them less fortified by authorities than the others; and then the court said they would take a day or two's time to consider; "less on account," said Lord Widdrington, "of the difficulty of the case, than the magnitude of the interests which would probably be affected by their decision."

"You have them dead with you, Subtle," whispered the Attorney-General, a slight expression of chagrin stealing over his features, as he heard the observation of Lord Widdrington.

"I never doubted it," replied Mr. Subtle, with a confident air. Every day afterwards, from the sitting to the rising of the court, did the anxious Aubrey attend in the King's Bench, to hear the judgment of the court delivered. At length arrived the last day of the term. Soon after the sitting of the court, Lord Widdrington pronounced judgment in two or three cases; but not seeing the Attorney-General (who was engaged before the House of Lords) in his place, delayed giving judgment in the case of " Doe v. Jolter ." About two o'clock he made his appearance; and shortly afterwards, Lord Widdrington, after disposing of the matter then before the court, said—"There was a case of Doe on the demise of Titmouse against Jolter, in which, early in the term, a rule was obtained by the Attorney-General, calling upon the lessor of the plaintiff to show cause why"—and he proceeded to state the rule, and then to deliver the written unanimous judgment of the court. A clear statement of the facts out of which the questions submitted to the court had arisen, and of those questions themselves, was listened to by Mr. Aubrey in breathless suspense, before he could obtain the faintest intimation of the judgment which the court was about to pronounce. Lord Widdrington went on to dispose, one by one, with painful deliberation and precision, of the several points presented for the decision of the court. One or two were decided in favor of the defendant; but his Lordship added, that it had become unnecessary to do so, in consequence of the answers given by the witnesses to subsequent questions at the trial, and which disposed of the doubts arising on the former ones. The documentary evidence, subsequently put in, got rid of another difficulty in the early part of the plaintiff's case, and rendered immaterial a question put by the plaintiff's counsel, and strenuously objected to on the part of the defendant, and which the court was of opinion, as had been Lord Widdrington at the trial, ought not to have been allowed. Then, as to the Adverse Possession, on which very great stress had been laid by the defendant's counsel, the court was of opinion that none existed; since there had been a disability —indeed, a series of disabilities, 5—through infancy, coverture, and absence beyond seas, of the various parties through whom the lessor of the plaintiff claimed. Finally, as to the question concerning the ERASURE, the court was of opinion, that the deed in which it occurred had been properly rejected; inasmuch as the erasure was in a clearly material part of the deed, and there were no recitals in the deed by which it could be helped. That it was incumbent upon those proffering the deed in evidence, to account for its altered appearance, although the deed was more than thirty years old, and rebut the presumption of fraud arising therefrom. That the erasure was a clear badge of fraud; and to hold otherwise, would be to open a wide door to frauds of the most extensive and serious description. That there had been no evidence offered to show that the deed had ever been a valid deed; the very first step failed; and, in short, in its then state, it was in contemplation of law no deed at all ; and, consequently, had been properly rejected. "For all these reasons, therefore," concluded Lord Widdrington, "we are clearly of opinion, that the verdict ought not to be disturbed, and the rule will consequently be DISCHARGED." 6As these last words were pronounced, a mist seemed for a moment to intervene between Mr. Aubrey and everything around him; for his thoughts had reverted to Yatton, and the precious objects of his affection who were there, in sickening suspense, awaiting the event which had that moment taken place. The words yet sounding in his excited ears, seemed like the sentence of expulsion from Paradise passed upon our dismayed and heart-broken first parents. Yes, in that solemn region of matter-of-fact and common-place—that dead sea —generally speaking—as far as feeling, sentiment, incident, or excitement is concerned, the Court of King's Bench—there sat a man of exquisite sensibility—pure and high-minded—whose feelings were for a while paralyzed by the words which had fallen from the judgment-seat, uttered with a cold, business-like, indifferent air—oh! how horridly out of concert with the anxious and excited tone of him whom, with his lovely family, they consigned, in fact, to destitution! After remaining for about a quarter of an hour, during which brief interval he resumed the control over his feelings which he had so long and successfully struggled to maintain, he rose, and quitted the court. It was a heavy lowering afternoon—one which seemed to harmonize with the gloomy and desolate mood in which he slowly walked homeward. He encountered many of his friends, on foot, on horseback, and in carriages, on their way down to the Houses of Parliament; the very sight of them, in the morbid state of his feelings, gave him a pang that was indescribable. With them matters were the same as they had ever been—as they had till then been with him—and as probably they would be with them to the end of their career; but he had been forced, suddenly and forever, to quit the scene of high excitement and proud aspirations!—He heaved many deep sighs, as he exchanged nod after nod with those he met, as he approached Charing Cross. There he encountered Lord C–, the brilliant Foreign Secretary, arm-in-arm with two eloquent and leading members of the Government—all of them evidently in high spirits, on their way down to the House.