Tales and Novels Volume VIII Part 11

"No. 4. no such thing--stop, sir--Deed!"

Alfred gave one look at the paper, and starting up, s.n.a.t.c.hed it from the hands of his clerk, with an exclamation of joy, signed the receipt for the commissioner, put it into his hands, locked the box, and sat down to write a letter, all with such rapidity that the commissioner was struck with astonishment and curiosity. Notwithstanding all his impatience to be punctual to his own engagement, he now stood fixed to the spot, and at last began with "My dear Mr. Alfred Percy, may I ask what has happened?"

"My dear commissioner, I have found it--I have found it--the long-lost deed, and I am writing to my father, to tell him. Excuse me--excuse me if I am not able to explain farther at this moment."

The commissioner understood it all too quickly. He saw how it had happened through Buckhurst's carelessness. At the time Buckhurst had been packing up these papers, some of Mr. Percy's had been lying on the table--Buckhurst had been charged not to mix them with his father's; but he was in love, and did not know what he was doing.

The commissioner began three sentences, and left them all unfinished, while Alfred did not hear one word of them: the first was an apology for Buckhurst, the second a congratulation for his good cousin Percy, the third was an exclamation that came from his heart. "Good Heavens! but what will become of my daughter Bell and Sir Robert? I do not comprehend quite, my dear sir."

Perceiving that he was not heard by Alfred, the commissioner took up his hat and departed, determining that he would inquire farther from Sir Robert's solicitor concerning the probable consequences of the recovery of this deed.

Alfred had no sooner finished his joyful letter to his father than he wrote to Sir Robert Percy, informing him of the recovery of the deed, and letting him know that he was ready to show it to whomsoever Sir Robert would send to his house to examine it. He made this offer to put an end at once to all doubts. He trusted, he said, that when Sir Robert should be satisfied of the existence and ident.i.ty of the deed, he would stop his present proceedings for the recovery of the _mesne rents_, and that he would, without obliging his father to have farther recourse to law, restore to him the Percy estate.

To this letter no answer was received for some time. At length Mr.

Sharpe called on Alfred, and begged to see the deed. He was permitted to examine it in Alfred's presence. He noted down the date, names of the witnesses, and some other particulars, of which, he observed, it was necessary he should inform Sir Robert, before he could be satisfied as to the ident.i.ty of the conveyance. Sharpe was particularly close and guarded in his looks and words during this interview; would neither admit nor deny that he was satisfied, and went away leaving nothing certain, but that he would write to Sir Robert. Alfred thought he saw that they meant to avoid giving an answer, in order to keep possession some months longer, till another term. He took all the necessary steps to bring the matter to trial immediately, without waiting for any answer from Sir Robert. No letter came from him, but Alfred received from his solicitor the following note:

"Sir,

"I am directed by Sir Robert Percy to acquaint you, in reply to yours of the 20th instant, that conceiving his t.i.tle to the Percy estate to be no way affected by the instrument to which you allude therein, he cannot withdraw his present suit for the _mesne rents_ that had been already received, if you proceed in an ejectment for the recovery of the aforesaid estate.

"I am, sir,

"Your humble servant,

"A. Sharpe.

"_Wednesday._"

Alfred was surprised and alarmed by this letter. It had never occurred to him as possible, that Sir Robert and his counsel would attempt to stand a new trial in the face of this recovered deed; this was beyond all he could have conceived even from their effrontery and villany. He consulted Mr. Friend, who, after considering Sharpe's letter, could not devise what defence they intended to make, as the deed, upon most accurate examination, appeared duly executed, according to the provision of the statute of frauds. Upon the whole, Mr. Friend was of opinion that the letter was meant merely to alarm the plaintiffs, and to bring them to offer or consent to a compromise. In this opinion Alfred was confirmed the next day, by an interview with Sharpe, accidental on Alfred's part, but designed and prepared by the solicitor, who watched Alfred as he was coming out of the courts, and dogged him till he parted from some gentlemen with whom he was walking--then joining him, he said, in a voice which Mr. Allscrip might have envied for its power of setting sense at defiance, "I am happy, Mr. Alfred Percy, to chance to see you to-day; for, with a view to put an end to litigation and difficulties, I had a few words to suggest--premising that I do not act or speak now, in any wise, as or for Sir Robert Percy, or with reference to his being my client, or as a solicitor in this cause, be it understood, but merely and solely as one gentleman to another, upon honour--and not bringing forward any idea to be taken advantage of hereafter, as tending to any thing in the shape of an offer to compromise, which, in a legal point of view, you know, sir, I could not be warranted to hazard for my client, and of consequence, which I hereby declare, I do not in any degree mean."

"Would you be so good, Mr. Sharpe, to state at once what you do mean?

for I confess I do not, in any degree, understand you."

"Why, then, sir, what I mean is, simply, and candidly, and frankly, this: that if I could, without compromising the interest of my client, which, as an honest man, I am bound not to do or appear to do, I should wish to put an end to this litigation between relations; and though your father thinks me his enemy, would convince him to the contrary, if he would allow me, and could point out the means of shortening this difference between relations, which has occasioned so much scandal; and moreover, could devise an accommodation, which might be agreeable to both parties, and save you a vast deal of trouble and vexation; possession," added he, laughing, "being nine points of the law."

Mr. Sharpe paused, as if hoping that something would now be said by Alfred, that might direct him whether to advance or recede; but Alfred only observed, that probably the end Mr. Sharpe proposed to himself by speaking was to make himself understood, and that this desirable end he had not yet attained.

"Why, sir, in some cases, one cannot venture to make one's self understood any way, but by inuendoes."

"Then, good morning to you, sir--you and I can never understand one another."

"Pardon me, sir, unless you are in a hurry," cried Mr. Sharpe, catching Alfred by the b.u.t.ton, "which (when so large an estate, to which you might eventually succeed, is in question) you are too much a man of business to be--in one word, then, for I won't detain you another moment, and I throw myself open, and trust to your honour--"

"You do me honour."

"Put a parallel case. You, plaintiff A----, I, defendant B----. I should, if I were A----, but no way advising it, being B----, offer to divide the whole property, the claim for the _mesne rents_ being wholly given up; and that the offer would be accepted, I'd engage upon my honour, supposing myself witnessing the transaction, only just as a gentleman."

"Impossible, sir," cried Alfred, with indignation. "Do you take me for a fool? Do you think I would give up half my father's estate, knowing that he has a right to the whole?"

"Pardon me, sir--I only suggested an A. B. case. But one word more, sir," cried Mr. Sharpe, holding Alfred, who was breaking from him, "for your own--your father's interest: you see this thing quite in a wrong point of view; when you talk of a few months' more or less delay of getting possession, being all there is between us--depend upon it, if it goes to trial you will never get possession."

"Then, sir, if you think so, you are betraying the interest of your client, in advising me not to let it go to trial."

"Good G.o.d! sir: but that is between you and me only."

"Pardon me, sir, it is between you and your conscience."

"Oh! if that's all--my conscience is at ease, when I'm trying to prevent the scandal of litigation between relations: therefore, just let me mention to you for your private information, what I know Sir Robert would not wish to come out before the trial."

"Don't tell it to me, sir--I will not hear it," cried Alfred, breaking from him, and walking on very fast.

Faster still Sharpe pursued. "You'll remember, sir, at all events, that what has been said is not to go further--you'll not forget."

"I shall never forget that I am a man of honour, sir," said Alfred.

Sharpe parted from him, muttering, "that if he lived to the day of trial, he would repent this."

"And if I live till the day of judgment, I shall never repent it,"

thought Alfred.

Now fully convinced that Sir Robert desired a compromise, and wanted only to secure, while in possession, some portion of that property, which he knew the law would ultimately force him to relinquish, Alfred persevered in his course, relieved from the alarm into which he had at first been thrown, when he learned that his opponents intended to make a defence. Alfred felt a.s.sured that they would never let the matter come to trial; but time pa.s.sed on, and they still persisted. Many of his brother lawyers were not only doubtful, but more inclined to despond than to encourage him as to the event of the trial; several regretted that he had not accepted of Mr. Sharpe's offered compromise. "Half the estate certain, and his father's release from all difficulties, they thought too good offers to have been rejected. He might, as Sharpe had prophesied, have to repent his rejection of that proposal."

Others observed, that though Mr. Alfred Percy was certainly a young man of great talents, and had been successful at the bar, still he was a young lawyer; and it was a bold and hazardous, not to say rash thing, to take upon himself the conduct of a suit against such opponents as Mr.

Sharpe and Sir Robert Percy, practised in law, hardened in iniquity, and now driven to desperation.

Mr. Friend was the only man who stood steadily by Alfred, and never wavered in his opinion. "Trust to truth and justice," said he; "you did right not to compromise--be firm. If you fail, you will have this consolation--you will have done all that man could do to deserve success."

The day of trial approached. Mr. Friend had hoped, till very late in the business, that the object of their adversaries was only to intimidate, and that they would never let it go to trial: now it was plain they would. But on what grounds? Again and again Mr. Friend and Alfred perused and reperused Sir John Percy's deed, and examined the opinions of counsel of the first eminence. Both law and right appeared to be clearly on their side; but it was not likely that their experienced opponents should persist without having some strong resource.

A dread silence was preserved by Sir Robert Percy and by Mr. Solicitor Sharpe. They must have some deep design: what it could be, remained to be discovered even till the day of trial.

CHAPTER XLII.

The day of trial arrived--Mr. Percy came up to town, and brought Mrs.

Percy and Rosamond with him to his son Alfred's, that they might all be together, and hear as soon as possible their fate.

The trial came on about three o'clock in the afternoon. The court was uncommonly crowded. Mr. Percy, his son Erasmus, and all his friends, and Sir Robert and his adherents, appeared on opposite sides of the galleries.

The excellent countenance and gentlemanlike demeanour of Mr. Percy were contrasted with the dark, inauspicious physiognomy of Sir Robert, who sat opposite to him, and who was never tranquil one second, but was continually throwing notes to his counsel, beckoning or whispering to his attorney--while convulsive twitches of face and head, snuff-taking, and handkerchief spread frequently to conceal the expression of his countenance, betrayed the malignant flurry of his spirits.

Alfred conducted his father's cause in the most judicious and temperate manner. An attempt had been made by Sir Robert to prejudice the public against Mr. Percy, by representing him as the descendant of a younger brother, who was endeavouring to dispossess the heir of the elder branch of the family of that estate, which belonged to him by right of inheritance. Alfred's fast care was to put the court and the jury in full possession of the facts. He stated that "His father, Lewis Percy, plaintiff in this cause, and Robert Percy, Bart. defendant, both descended from Sir John Percy, who was their grandfather. Sir John outlived both his sons, who left him two grandsons, Robert was the son of his eldest, and Lewis of his youngest son. Sir John had two estates, one of them paternal, which went in the ordinary course of descent to the representative of the eldest son, being the present Sir Robert Percy. Sir John's other estate, in Hamps.h.i.+re, which came to him by his wife, he conveyed, a short time before his death, to his youngest grandson, the present Lewis Percy, who had held undisturbed possession of it for many years. But, in process of time, Sir Robert Percy ruined himself by play, and having frequent intercourse with Sharpe, the solicitor, upon some great emergency inquired whether it was not possible to shake the t.i.tle of his cousin Mr. Percy's estate. He suggested that the conveyance might not be forthcoming; but Sir Robert a.s.sured him that both his grandfather and the present Mr. Percy were men of business, and that there was little likelihood either that the deeds should be lost, or that there should be any flaw in the t.i.tle.

Afterwards a fire broke out at Percy-hall, which consumed that wing of the house in which were Mr. Percy's papers--the papers were all saved except this deed of conveyance. Mr. Sharpe being accidentally apprized of the loss, conveyed the intelligence to Sir Robert. He immediately commenced a suit against his cousin, and had finally succeeded in obtaining a verdict in his own favour, and possession of the Hamps.h.i.+re estate. At the time when Mr. Percy delivered up possession and quitted Percy-hall, in consideration of the extensive improvements which he had made, and in consideration of his giving up to Sir Robert plate, furniture, wine, horses, and equipages, Sir Robert had promised to forego whatever claim he might have upon Mr. Percy for the rents which he had received during the time he had held the estate; but, afterwards, Sir Robert repented of having made this agreement, broke his promise, and took out a writ against his cousin for the _mesne rents_. They amounted to an immense sum, which Mr. Percy was utterly unable to pay, and he could have had no hope of avoiding ruin, had the claim been by law decided against him. By fortunate circ.u.mstances, however, he had, while this cause was pending, recovered that lost conveyance, which proved his right to the Hamps.h.i.+re estate. Of this he had apprized Sir Robert, who had persisted, nevertheless, in holding possession, and in his claim for the _mesne rents_. The present action was brought by Mr.

Percy in resistance of this unjust claim, and for the recovery of his property."

Not one word of invective, of eloquence, of ornament, or of any attempt at pathos, did our barrister mix with this statement. It was his object to put the jury and the court clearly in possession of facts, which, unadorned, he knew would appear stronger than if enc.u.mbered by any flowers of oratory.