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That Mainwaring Affair Part 36

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Hobson, at the first mention of his name, had glanced quickly about him as though seeking some means of escape, but on hearing the alias--the name he had supposed unknown in America--he paused for an instant, seemingly half paralyzed with terror. But the sight of the approaching sheriff broke the spell, and he made a sudden lunge through the crowd in the direction of an open window. His progress was speedily checked by one of the deputies, however, and after a short, ineffectual struggle he sullenly submitted.

"Bring the witness forward," said Mr. Sutherland, with his calm, slow smile; "we may call upon him before long, and he would probably prefer a seat convenient to the witness stand."

As he was seated opposite and facing the English party, it was noted that the face of the old servant lighted up with a look of recognition, and he watched the new-comer with evident interest.

Hobson, having carefully avoided the eyes of both Alfred Barton and the private secretary, soon became aware of Wilson's scrutiny, and after regarding him fixedly for a moment seemed suddenly to recognize him in turn, and also to realize at the same time the import of his presence there, which, apparently, did not tend to lessen his agitation.

Slowly Mr. Sutherland unfolded the doc.u.ment he held, yellow with age, the edges of its folds so frayed and tattered as to render the writing in some places almost illegible. Slowly, in deep, resonant tones, he read the opening words of the old will; words of unusual solemnity, which caused a hush to fall over the crowded court-room:

"In the name of G.o.d; Amen. Know all men, that I, Ralph Maxwell Mainwaring, being of sound and disposing mind and memory, but now upon my death-bed, soon to appear in the presence of my Maker, do make and publish this, my last will and testament; hereby revoking and setting aside any and every will at any time heretofore made by me."

Then followed, in quaint phraseology, the terms of the will; by which the full right and t.i.tle of the first-born son, under the English law, were conveyed to Harold Scott Mainwaring, and all legal processes theretofore entered into, depriving him of such rights, were forever annulled; restoring to the said Harold Scott Mainwaring, as his rightful inheritance, the entire family estate, including other valuable property; the said property at his death to pa.s.s to his eldest living son, or in case of his dying without issue, to revert to his brother Hugh, were the latter living, if not, to the nearest living heirs of the Mainwarings; but on no account was any portion of the estate or property to pa.s.s to the wife of Harold Scott Mainwaring, should she survive him.

As the reading of the will progressed, Hobson's feelings, too deep and genuine at that moment for disguise, were plainly mirrored in his face. Having for years believed the old will destroyed, as he now listened to the words dictated to himself upon that memorable night, so long ago, it was little wonder that to his cowardly soul it seemed like a voice from the dead, and that astonishment, fear, and dread were depicted on his features, merging into actual terror as the attorney at last p.r.o.nounced the names of the witnesses, Alexander McPherson and Richard Hobson.

For a few seconds his brain reeled, and he saw only the face of the dying man as it looked that night,--stern and pale, but with dark, piercing eyes, deep-set, within whose depths still gleamed the embers of a smouldering fire which now seemed burning into his inmost soul. Trembling from head to foot, Hobson, with a mighty effort, regained his scattered faculties and again became conscious of his surroundings, only to find the eyes of the secretary fixed upon his face, and, as he shrank from their burning gaze, the truth flashed suddenly upon him.

"The face of old Mainwaring himself!" he muttered in horror; then added, with an oath, "Fool that I was not to have known it sooner!

That woman lied!"

CHAPTER XX

OPENING FIRE

The first witness called to the stand by Mr. Sutherland was James Wilson. There were many present who noted the resemblance between him and his son, John Wilson, who had given testimony at the inquest, though unaware of the relations.h.i.+p between them.

"Mr. Wilson," said the attorney, after the usual preliminaries, "I understand you were for a number of years in the employ of Ralph Maxwell Mainwaring, the testator whose name is affixed to this will; is that so?"

"Yes, sir," was the reply, while the attention of the crowd was at once riveted upon the witness.

"Will you state how long you were in his employ, and in what capacity?"

"I was his valet, sir, from his twenty-fifth year until the day of his death, a little above thirty-five years, sir; and during his last illness, of about three months, I was with him constantly, you might say, sir."

"Do you recognize the doc.u.ment just read in your hearing as anything which you have heard before?"

"That I do, sir."

"State when and under what circ.u.mstances you have previously heard it."

"At the death-bed of Mr. Ralph Mainwaring, sir, twenty-five years ago the seventeenth of last November. I was present at the making of that will, sir, the night before Mr. Mainwaring died. I heard him give those words to the lawyer, and then heard them read to him before the will was signed."

"By whom was it drawn?"

"By Richard Hobson, sir; the man sitting there," pointing to the shrinking figure of Hobson.

"Do you positively identify that man as the writer of this will?"

"That I do, sir," with marked emphasis; "when one once sets eyes on the likes o' him, he's not likely to forget him soon."

"Was Richard Hobson the attorney of Mr. Mainwaring?"

"Ah, no, sir," with evident scorn; "his attorney was Mr. Alfred Barton, the father, sir, of this gentleman," indicating the English barrister, while the interest of the crowd deepened.

"How, then, was this man employed to draw the will?"

"Mr. Barton was out of town, sir; and as Mr. Mainwaring was dying and naught would satisfy him but to have a lawyer, they brought Mr.

Barton's clerk."

"State the circ.u.mstances under which this will was drawn; was Mr.

Mainwaring influenced by any one to make it?"

"He was influenced by none but his own conscience, sir. You see, sir, three or four years before, he was very angry with his elder son, and cut him off without a s.h.i.+lling and gave everything to Mr.

Hugh. But it broke his heart to do it, for Mr. Harold was his favorite, as indeed he was everybody's, though he never mentioned his name again until the night he made the will. Well, sir, all that day we knew he was dying, and he knew it, and he was restless till late at night, when of a sudden he tells us to get his lawyer.

Mr. Hugh tried to put him off, and told us his mind was wandering; but 'twas no use; and the carriage was sent for Mr. Barton, and when word was brought back that he was out of town, it was sent again and brought back his clerk. Everything was all ready, and he was propped up in bed by pillows, his eyes burning as though there was fire in them. He repeated those words while the lawyer wrote them down, and then had them read to him, and at fifteen minutes of twelve o'clock the will was signed and sealed."

"You were present during the drawing up of the will?"

"Yes, sir, I was present through it all, but not where the others saw me. When the lawyer came, Mr. Hugh told me to leave the room; but as I was going his father called me back and bade me stay, and I was standing at the foot of the bed, hidden by the curtains of the canopy, so none but the old gentleman saw me."

"Who else was present?"

"Mr. Mainwaring's old friend, Sandy McPherson, Mr. Hugh, and the lawyer."

"No one else? Were there no physicians present?"

"There were physicians in the house, sir, but not in the room."

"How long did Mr. Mainwaring live afterwards?"

"He died at five o'clock the next morning, sir; his strength went fast after that was done, but he rested easy and seemed satisfied."

"What was done with the will?"

"Mr. Hobson took it away with him that night."

"Have you ever seen it since?"

"No, sir."

"Mr. Wilson," said the attorney, showing the witness the will, "can you swear to these signatures as being the same which you saw affixed to the will upon that night?"

Wilson studied the doc.u.ment attentively for a moment. "Yes, sir, that is Mr. Mainwaring's writing, only a bit unsteady, for his hand trembled. McPherson's writing I know, and you mark that blot after his name? I remember his fussing that night because he had blotted the paper."

"And the third name, is that the signature of this man, Richard Hobson?"

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