The Experiences of a Barrister, and Confessions of an Attorney Part 12

Not once during this last illness could Mary Woodley, by chance or stratagem, obtain a moment's private interview with her mother, until a few minutes before her decease. Until then, under one pretence or another, either Elizabeth Wareing, one of Thornd.y.k.e's daughters, or Thornd.y.k.e himself, was always present in the sick-chamber. It was evening: darkness had for some time fallen: no light had yet been taken into the dying woman's apartment; and the pale starlight which faintly illumined the room served, as Mary Woodley softly approached on tiptoe to the bedside of her, as she supposed, sleeping parent, but to deepen by defining the shadows thrown by the full, heavy hangings, and the old ma.s.sive furniture. Gently, and with a beating heart, Mary Woodley drew back the bed-curtain nearest the window. The feeble, uncertain light flickered upon the countenance, distinct in its mortal paleness, of her parent: the eyes recognized her, and a glance of infinite tenderness gleamed for an instant in the rapidly-darkening orbs: the right arm essayed to lift itself, as for one fast, last embrace. Vainly! Love, love only, was strong, stronger than death, in the expiring mother's heart, and the arm fell feebly back on the bedclothes. Mary Woodley bent down in eager grief, for she felt instinctively that the bitter hour at last was come: their lips met, and the last accents of the mother murmured, "Beloved Mary, I--I have been true to you--no will--no"--A slight tremor shook her frame: the spirit that looked in love from the windows of the eyes departed on its heavenward journey, and the unconscious sh.e.l.l only of what had once been her mother remained in the sobbing daughter's arms.

I will not deny that this narrative, which I feel I have but coldly and feebly rendered from its earnest, tearful tenderness, as related by Mary Woodley, affected me considerably--case-hardened, as, to use an old bar-pun, we barristers are supposed to be; nor will the reader be surprised to hear that suspicions, graver even than those which pointed to forgery, were evoked by the sad history. Much musing upon the strange circ.u.mstances thus disclosed, and profoundly cogitative on the best mode of action to be pursued, the "small hours," the first of them at least, surprised me in my arm-chair. I started up, and hastened to bed, well knowing from experience that a sleepless vigil is a wretched preparative for a morrow of active exertion, whether of mind or body.

I was betimes in court the next morning, and Mr. Barnes, proud as a peac.o.c.k of figuring as an attorney in an important civil suit, was soon at my side. The case had excited more interest than I had supposed, and the court was very early filled, Mary Woodley and her grandfather soon arrived; and a murmur of commiseration ran through the auditory as they took their seats by the side of Barnes. There was a strong bar arrayed against us; and Mr. Silas Thornd.y.k.e, I noticed, was extremely busy and important with whisperings and suggestions to his solicitor and counsel--received, of course, as such meaningless familiarities usually are, with barely civil indifference.

Twelve common jurors were called and sworn well and truly to try the issue, and I arose amidst breathless silence to address them. I at once frankly stated the circ.u.mstances under which the brief had come into my hands, and observed, that if, for lack of advised preparation, the plaintiff's case failed on that day, another trial, under favor of the court above, would, I doubt not, at no distant period of time reverse the possibly at present unfavorable decision. "My learned friends on the other side," I continued, "smile at this qualified admission of mine: let them do so. If they apparently establish to-day the validity of a will which strips an only child of the inheritance bequeathed by her father, they will, I tell them emphatically, have obtained but a temporary triumph for a person who--if I, if you, gentlemen of the jury, are to believe the case intended to be set up as a bar to the plantiff's claim--has succeeded by the grossest brutality, the most atrocious devices, in bending the mind of the deceased Mrs. Thornd.y.k.e to his selfish purposes. My learned friend need not interrupt me; I shall pursue these observations for the present no further--merely adding that I, that his lords.h.i.+p, that you, gentlemen of the jury, will require of him the strictest proof--proof clear as light--that the instrument upon which he relies to defeat the equitable, the righteous claim of the young and amiable person by my side, is genuine, and not, as I verily believe "--I looked, as I spoke, full in the face of Thornd.y.k.e--"FORGED."

"My lord," exclaimed the opposing counsel, "this is really insufferable!"

His lords.h.i.+p, however, did not interpose; and I went on to relate, in the most telling manner of which I was capable, the history of the deceased Mrs. Thornd.y.k.e's first and second marriages; the harmony and happiness of the first--the wretchedness and cruelty which characterized the second. I narrated also the dying words of Mrs. Thornd.y.k.e to her daughter, though repeatedly interrupted by the defendant's counsel, who manifested great indignation that a statement unsusceptible of legal proof should be addressed to the court and jury. My address concluded, I put in James Woodley's will; and, as the opposing counsel did not dispute its validity, nor require proof of Mary Woodley's ident.i.ty, I intimated that the plaintiff's case was closed.

The speech for the defendant was calm and guarded. It threw, or rather attempted to throw, discredit on the death-bed "fiction," got up, Mr.

P ---- said, simply with a view to effect; and he concluded by averring that he should be able to establish the genuineness of the will of Ellen Thornd.y.k.e, now produced, by irresistible evidence. That done, however much the jury might wish the property had been otherwise disposed of, they would of course return a verdict in accordance with their oaths and the law of the land.

The first witness called was Thomas Headley, a smith, residing near Dale Farm. He swore positively that the late Mrs. Thornd.y.k.e, whom he knew well, had cheerfully signed the will now produced, after it had been deliberately read over to her by her husband about a fortnight before her death. Silas Thornd.y.k.e, John c.u.mmins, Elizabeth Wareing, and witness, were the only persons present. Mrs. Thornd.y.k.e expressed confidence that her husband would provide for Mary Woodley.

"And so I will," said sleek Silas, rising up and looking round upon the auditory. "If she will return, I will be a father to her."

No look, no sound of sympathy or approval, greeted this generous declaration, and he sat down again not a little disconcerted.

I asked this burly, half-drunken witness but one question--"When is your marriage with Rebecca Thornd.y.k.e, the defendant's eldest daughter, to be celebrated?"

"I don't know, Mr. Lawyer; perhaps never."

"That will do; you can go down."

Mr. P ---- now rose to state that his client was unable to produce Elizabeth Wareing, another of the attesting witnesses to the will, in court. No suspicion that any opposition to the solemn testament made by the deceased Mrs. Thornd.y.k.e would be attempted, had been entertained; and the woman, unaware that her testimony would be required, had left that part of the country. Every effort had been made by the defendant to discover her abode without effect. It was believed she had gone to America, where she had relatives. The defendant had filed an affidavit setting forth these facts, and it was now prayed that secondary evidence to establish the genuineness of Elizabeth Wareing's attesting signature should be admitted.

I of course vehemently opposed this demand, and broadly hinted that the witness was purposely kept out of the way.

"Will my learned friend," said Mr. P ---- with one of his sliest sneers, "inform us what motive the defendant could possibly have to keep back a witness so necessary to him?"

"Elizabeth Wareing," I curtly replied, "may not, upon reflection, be deemed a safe witness to subject to the ordeal of a cross-examination.

But to settle the matter, my lord," I exclaimed, "I have here an affidavit of the plaintiff's attorney, in which he states that he has no doubt of being able to find this important witness if time be allowed him for the purpose; the defendant of course undertaking to call her when produced."

A tremendous clamor of counsel hereupon ensued, and fierce and angry grew the war of words. The hubbub was at last terminated by the judge recommending that, under the circ.u.mstances, "a juror should be withdrawn." This suggestion, after some demur, was agreed to. One of the jurors was whispered to come out of the box; then the clerk of the court exclaimed, "My lord, there are only eleven men on the jury;" and by the aid of this venerable, if clumsy expedient, the cause of Woodley _versus_ Thornd.y.k.e was _de facto_ adjourned to a future day.

I had not long returned to the hotel, when I was waited upon by Mr.

Wilford, senior, the father of the young man who had been forbidden to visit Dale Farm by Thornd.y.k.e. His son, he informed me, was ill from chagrin and anxiety--confined to his bed indeed; and Mary Woodley had refused, it seemed, to accept pecuniary aid from either the father or the son. Would I endeavor to terminate the estrangement which had for some time unhappily existed, and persuade her to accept his, Wilford senior's, freely-offered purse and services? I instantly accepted both the mission and the large sum which the excellent man tendered. A part of the money I gave Barnes to stimulate his exertions, and the rest I placed in the hand of Mary Woodley's grandpapa, with a friendly admonition to him not to allow his grandchild to make a fool of herself; an exhortation which produced its effect in due season.

Summer pa.s.sed away, autumn had come and gone, and the winter a.s.sizes were once more upon us. Regular proceedings had been taken, and the action in ejectment of Woodley versus Thornd.y.k.e was once more on the cause list of the Chester circuit court, marked this time as a special jury case. Indefatigable as Mr. Barnes had been in his search for Elizabeth Wareing, not the slightest trace of her could he discover; and I went into court, therefore, with but slight expectation of invalidating the, as I fully believed, fict.i.tious will. We had, however, obtained a good deal of information relative to the former history not only of the absent Mrs. Wareing, but of Thornd.y.k.e himself; and it was quite within the range of probabilities that something might come out, enabling me to use that knowledge to good purpose. The plaintiff and old Mr. Ward were seated in court beside Mr. Barnes, as on the former abortive trial; but Mary Woodley had, fortunately for herself, lost much of the interest which attaches to female comeliness and grace when a.s.sociated in the mind of the spectator with undeserved calamity and sorrow. The black dress which she still wore--the orthodox twelve months of mourning for a parent had not yet quite elapsed--was now fresh, and of fine quality, and the pale lilies of her face were interspersed with delicate roses; whilst by her side sat Mr. John Wilford, as happy-looking as if no such things as perjurers, forgers, or adverse verdicts existed to disturb the peace of the glad world. Altogether, we were decidedly less interesting than on the former occasion. Edward Wareing, I must not omit to add, was, greatly to our surprise, present. He sat, in great apparent amity, by the side of Thornd.y.k.e.

It was late in the afternoon, and twilight was gradually stealing over the dingy court, when the case was called. The special jury answered to their names, were duly sworn, and then nearly the same preliminary speeches and admissions were made and put in as on the previous occasion.

Thomas Headley, the first witness called in support of the pretended will, underwent a rigorous cross-examination; but I was unable to extract anything of importance from him.

"And now," said the defendant's leading counsel, "let me ask my learned friend if he has succeeded in obtaining the attendance of Elizabeth Wareing?"

I was of course obliged to confess that we had been unable to find her; and the judge remarked that in that ease he could receive secondary evidence in proof of her attestation of the will.

A whispered but manifestly eager conference here took place between the defendant and his counsel, occasionally joined in by Edward Wareing.

There appeared to be indecision or hesitation in their deliberations; but at last Mr. P ---- rose, and with some ostentation of manner addressed the court.

"In the discharge of my duty to the defendant in this action, my lord, upon whose fair fame much undeserved obloquy has been cast by the speeches of the plaintiff's counsel--speeches insupported by a shadow of evidence--I have to state that, anxious above all things to stand perfectly justified before his neighbors and society, he has, at great trouble and expense, obtained the presence here to-day of the witness Elizabeth Wareing. She had gone to reside in France with a respectable English family in the situation of housekeeper. We shall now place her in the witness-box, and having done so, I trust we shall hear no more of the slanderous imputations so freely lavished upon my client. Call Elizabeth Wareing into court."

A movement of surprise and curiosity agitated the entire auditory at this announcement. Mr. Silas Thornd.y.k.e's naturally cadaverous countenance a.s.sumed an ashy hue, spite of his efforts to appear easy and jubilant; and for the first time since the commencement of the proceedings I entertained the hope of a successful issue.

Mrs. Wareing appeared in answer to the call, and was duly sworn "to tell the truth, the whole truth, and nothing but the truth." She was a good-looking woman, of perhaps forty years of age, and bore a striking resemblance to her son. She rapidly, smoothly, and unhesitatingly confirmed the evidence of Headley to a t.i.ttle. She trembled, I observed, excessively; and on the examining counsel intimating that he had no more questions to ask, turned hastily to leave the box.

"Stay--stay, my good woman," I exclaimed; "you and I must have some talk together before we part."

She started, and looked at me with frightened earnestness; and then her nervous glances stole towards Mr. Silas Thornd.y.k.e. There was no comfort there: in his countenance she only saw the reflex of the agitation and anxiety which marked her own. Sleek Silas, I could see, already repented of the rash move he had made, and would have given a good deal to get his witness safely and quietly out of court.

It was now nearly dark, and observing that it was necessary the court and jury should see as well as hear the witness whilst under examination, I requested that lights should be brought in. This was done. Two candles were placed in front of the witness-box, one on each side of Mrs. Wareing; a few others were disposed about the bench and jury desks. The effect of this partial lighting of the gloomy old court was, that the witness stood out in strong and bright relief from the surrounding shadows, rendering the minutest change or play of her features distinctly visible. Mr. Silas Thornd.y.k.e was, from his position, thrown entirely into the shade, and any telegraphing between him and the witness was thus rendered impossible. This preparation, as if for some extraordinary and solemn purpose, together with the profound silence which reigned in the court, told fearfully, as I expected, upon the nerves of Mrs. Elizabeth Wareing. She already seemed as if about to swoon with agitation and ill-defined alarm.

"Pray, madam," said I, "is your name Wareing or Tucker?"

She did not answer, and I repeated the question. "Tucker," she at last replied in a tremulous whisper.

"I thought so. And pray, Mrs. Tucker, were you ever 'in trouble' in London for robbing your lodgings?"

I thought she attempted to answer, but no sound pa.s.sed her lips. One of the ushers of the court handed her a gla.s.s of water at my suggestion, and she seemed to recover somewhat. I pressed my question; and at last she replied in the same low, agitated voice, "Yes, I have been."

"I know you have. Mr. Silas Thornd.y.k.e, I believe, was your bail on that occasion, and the matter was, I understand, compromised--arranged--at all events the prosecution was not pressed. Is not that so?"

"Yes--no--yes."

"Very well: either answer will do. You lived also, I believe, with Mr.

Thornd.y.k.e, as his housekeeper of course, when he was in business as a concocter and vender of infallible drugs and pills?"

"Yes."

"He was held to be skilful in the preparation of drugs, was he not--well-versed in their properties?"

"Yes--I believe so--I do not know. Why am I asked such questions?"

"You will know presently. And now, woman, answer the question I am about to put to you, as you will be compelled to answer it to G.o.d at the last great day--What was the nature of the drug which you or he mixed with the medicine prescribed for the late Mrs. Thornd.y.k.e?"

A spasmodic shriek, checked by a desperate effort, partially escaped her, and she stood fixedly gazing with starting eyes in my face.

The profoundest silence reigned in the court as I iterated the question.

"You must answer, woman," said the judge sternly, "unless you know your answer will criminate yourself."

The witness looked wildly round the court, as if in search of counsel or sympathy; but encountering none but frowning and eager faces--Thornd.y.k.e she could not discern in the darkness--she became giddy and panic-stricken, and seemed to lose all presence of mind.

"He--he--he," she at last gasped--"he mixed it. I do not know--But how," she added, pus.h.i.+ng back her hair, and pressing her hands against her hot temples, "can this be? What can it mean?"

A movement amongst the bystanders just at this moment attracted the notice of the judge, and he immediately exclaimed, "The defendant must not leave the court!" An officer placed himself beside the wretched murderer as well as forger, and I resumed the cross-examination of the witness.