Sevenoaks Part 63

After reading the doc.u.ment through, the Doctor said:

"This is the identical paper which Mr. Belcher showed me or a very close copy of it. Several of the patents named here I remember distinctly, for I read the paper carefully, with a professional purpose.

I was curious to know what had been the mental habits of my patient."

"But you did not give the defendant liberty to procure the signature of the patentee?"

"I did not. I refused to do so on the ground that he was not of sound mind--that he was not a responsible person."

"When was this?"

"I have no record of the date, but it was after the 12th of May, 1860--the date of Mr. Benedict's admission to the asylum."

"That is all," said Mr. Balfour. Mr. Cavendish tried to cross-examine, but without any result, except to emphasize the direct testimony, though he tried persistently to make the witness remember that, while Mr.

Belcher might have shown him the a.s.signment, and that he read it for the purpose which he had stated, it was another paper to which he had wished to secure the patient's signature.

Samuel Yates was next called.

"You are a member of our profession, I believe," said Mr. Balfour.

"I am, sir."

"Have you ever been in the service of the defendant in this case?"

"Yes, sir."

"What have you done for him?"

"I worked many months in the endeavor to ascertain whether Paul Benedict was living or dead."

"It isn't essential that we should go into that; and as the defendant has testified that he procured the autograph letters which are in the possession of the Court from you, I presume you will corroborate his testimony."

"He did procure them of me, sir."

"Did he inform you of the purpose to which he wished to put them?"

"He did, sir. He said that he wished to verify some signatures."

"Were you ever employed in his library at Sevenoaks, by his agent?"

"Yes, sir, I wrote there for several weeks."

"May it please the Court, I have a letter in my hand, the genuineness of whose signature has been recognized by the defendant, written by Robert Belcher to Paul Benedict, which, as it has a direct bearing upon the case, I beg the privilege of placing in evidence. It was written the next day after the date of the alleged a.s.signment, and came inclosed from Benedict's hands to mine."

Mr. Belcher evidently recalled the letter, for he sat limp in his chair, like a man stunned. A fierce quarrel then arose between the counsel concerning the admission of the letter. The Judge examined it, and said that he could see no reason why it should not be admitted. Then Mr.

Balfour read the following note:

"SEVENOAKS, May 5, 1860.

"_Dear Benedict:_--I am glad to know that you are better. Since you distrust my pledge that I will give you a reasonable share of the profits on the use of your patents, I will go to your house this afternoon, with witnesses, and have an independent paper prepared, to be signed by myself, after the a.s.signment is executed, which will give you a definite claim upon me for royalty. We will be there at four o'clock.

"Yours, ROBERT BELCHER."

"Mr. Yates," said Mr. Balfour, "have you ever seen this letter before?"

Yates took the letter, looked it over, and then said: "I have, sir. I found the letter in a drawer of the library-table, in Mr. Belcher's house at Sevenoaks. I delivered it unopened to the man to whom it was addressed, leaving him to decide the question as to whether it belonged to him or the writer. I had no idea of its contents at the time, but became acquainted with them afterwards, for I was present at the opening of the letter."

"That is all," said Mr. Balfour.

"So you stole this letter, did you?" inquired Mr. Cavendish.

"I found it while in Mr. Belcher's service, and took it personally to the man to whom it was addressed, as he apparently had the best right to it. I am quite willing to return it to the writer, if it is decided that it belongs to him. I had no selfish end to serve in the affair."

Here the Judge interposed. "The Court," said he, "finds this letter in the hands of the plaintiff, delivered by a man who at the time was in the employ of the defendant, and had the contents of the room in his keeping. The paper has a direct bearing on the case, and the Court will not go back of the facts stated."

Mr. Cavendish sat down and consulted his client. Mr. Belcher was afraid of Yates. The witness not only knew too much concerning his original intentions, but he was a lawyer who, if questioned too closely and saucily, would certainly manage to bring in facts to his disadvantage.

Yates had already damaged him sadly, and Mr. Belcher felt that it would not do to provoke a re-direct examination. So, after a whispered colloquy with his counsel, the latter told the witness that he was done with him. Then Mr. Belcher and his counsel conversed again for some time, when Mr. Balfour rose and said, addressing the Court:

"The defendant and his counsel evidently need time for consultation, and, as there is a little preliminary work to be done before I present another witness, I suggest that the Court take a recess of an hour. In the meantime, I wish to secure photographic copies of the signatures of the two autograph letters, and of the four signatures of the a.s.signment.

I ask the Court to place these doc.u.ments in the keeping of an officer, to be used for this purpose, in an adjoining room, where I have caused a photographic apparatus to be placed, and where a skillful operator is now in waiting. I ask this privilege, as it is essential to a perfect demonstration of the character of the doc.u.ment on which the decision of this case must turn."

The Judge acceded to Mr. Balfour's request, both in regard to the recess and the use of the paper, and the a.s.sembly broke up into little knots of earnest talkers, most of whom manifested no desire to leave the building.

Mr. Cavendish approached Mr. Balfour, and asked for a private interview.

When they had retired to a lobby, he said: "You are not to take any advantage of this conversation. I wish to talk in confidence."

"Very well," said Mr. Balfour.

"My client," said Cavendish, "is in a devilish bad box. His princ.i.p.al witness has run away, his old friends all turn against him, and circ.u.mstantial evidence doesn't befriend him. I have advised him to stop this suit right here, and make a compromise. No one wants to kill the General. He's a sharp man, but he is good-natured, and a useful citizen.

He can handle these patents better than Benedict can, and make money enough for both of them. What could Benedict do if he had the patents in his hands? He's a simpleton. He's a n.o.body. Any man capable of carrying on his business would cheat him out of his eye-teeth."

"I am carrying on his business, myself, just at this time," remarked Mr.

Balfour, seriously.

"That's all right, of course; but you know that you and I can settle this business better for these men than they can settle it for themselves."

"I'll be frank with you," said Mr. Balfour. "I am not one who regards Robert Belcher as a good-natured man and a useful citizen, and I, for one--to use your own phrase--want to kill him. He has preyed upon the public for ten years, and I owe a duty not only to my client but to society I understand how good a bargain I could make with him at this point, but I will make no bargain with him. He is an unmitigated scoundrel, and he will only go out of this Court to be arrested for crime; and I do not expect to drop him until I drop him into a Penitentiary, where he can reflect upon his forgeries at leisure."

"Then you refuse any sort of a compromise."

"My dear sir," said Mr. Balfour, warmly, "do you suppose I can give a man a right to talk of terms who is in my hands? Do you suppose I can compromise with crime? You know I can't."

"Very well--let it go. I suppose I must go through with it. You understand that this conversation is confidential."

"I do: and you?"

"Oh, certainly!"