Ten Thousand a-Year. Volume 2.

ht and hasty breakfast before setting off for Yatton, the countenances of each bore the traces of great suffering, and also of the efforts made to conceal it. T

earful of looking at either her brother or sister-in-law; "the moment has arrived that i

replied Miss Aubrey, tremulously. "You have a lion's h

ate, I will remind you of a noble passage from our glorious Shakespeare. It braces one's nerves to hea

reproof

oof of men. The

low bauble bo

ent breast, m

se of no

ruffian Bore

hetis, and,

bark through liq

een the two m

rse; where's the

timber'd side

atness? Either

ast for Nept

how, and valor

s of for

repeated the above lines, his sister's eye had been fixed upon him with a radiant expression of resolution, her heart responding to what she heard. She could not, however, speak when he ha

nd beautiful, in mournful contrast with the present, and stirring up, every moment, a thousand secret and tender associations, calculated to shake our constancy. Whenever our eyes do turn to the past, let it be with humble

as was the tone of the sentiments he expressed solemn and elevated. Miss Aubrey was overcome with her stronger feelings, and bur

might disturb those whom he came to see, or cause his own highly-charged feelings to give way. The sight of Mrs. and Miss Aubrey, however, who greeted him in silence as they hastily drew on their bonnets and shawls, overcame his ill-sustained gayety; and before he could bustle back, as he presently did, to the street door, his eyes were obstructed with tears, and he wrung the hand of Mr. Aubrey, who stood beside him, with convulsive energy. They

ss Aubrey, suddenly, as they turned a familiar corner

to the Hall, as quickly as you can." He was obeyed. As they passed rapidly along with their windows up,

t before with such heavy hearts-with eyes so dreading to encounter every familiar object that met them? Alas! the spacious park was no longer theirs; not a tree, not a shrub, not a flower, not an inch of ground; the tre

aken as he entered the old Hall, no longer his home, and reflected, moreover-bitterest thought of all-that he had been declared by the law to have been hitherto the wrongful oc

ubject; such the effectual and practical corrective of any error or miscarriage in the working of that noble engine-trial by jury. Thus, then, it appears, that the hands of Mr. Titmouse and his advisers were at all events stayed till the first four days of Easter term should have elapsed. During the interval thus afforded to the advisers of Mr. Aubrey, his case, as it appeared upon the notes of his counsel on their briefs, with the indirect assistance and corroboration derived from the short-hand writers' notes, underwent repeated and most anxious examination in all its parts and bearings, by all his legal advisers. It need hardly be said, that every point in the case favorable to their client had been distinctly and fully raised by the Attorney-General, assisted by his very able juniors, Mr. Sterling and Mr. Crystal; and so was it with the counsel of Mr. Titmouse, as, indeed, the result showed. On subsequent examination, none of them could discover any false step, or any advantage which had been overlooked, or taken inefficiently. Independently of various astute objections taken by the Attorney-General to the reception of several important portions of the plaintiff's evidence, the leading points relied on in favor of Mr. Aubrey were-the impropriety of Lord Widdrington's rejection of the deed of confirmation on account of the erasure in it; the effect of that deed, assuming the erasure not to have warranted its rejection; and several questions arising out of the d

pounds seven or eight years ago, would you set up the stat

nor. This observation put an end to so unprecedented an interference; but if Mr. Aubrey supposed that it had had any effect upon the Attorney-General, he was mistaken; for of course that learned and eminent person secretly resolved to avail himself of every means that he could think of, for overturning the verdict, and securing the Aubreys in the possession of Yatton. He at the same time earnestly endeavored to moderate the expectations of his client, declaring that he was by no means sanguine as to the issue; that Lord Widdrington's rulings at Nisi Prius were very formidable things-in fact, rarely assailable; and then, again, the senior puisne judge of the court-Mr. Justice Grayley-had been cons

made up his mind to the wo

to his carriage, which had been standing for the last hour opposite his chambers. He drove down to the House of Commons, where he almost immedi

ve" in their order matters of general business, before taking motions for new trials. About a quarter of an hour before his Lordship had completed the round of the bar, the

quired Lord Widdrington, looking ov

," said he; and the A

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 g

w cause, Mr. Attorney-Gener

unds I have men

ery well worth considering-Mr.

upon, the Soli

ule," whispered Mr. Subtl

hen his clerk removed the battery of books which stood before him, together with his brief; and taking another out of his turgid red bag, t

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.[4] Shall 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. Su

ey-General, a slight expression of chagrin stealing over hi

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."[6] As 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 th

ey, in a breath, shaking him cordially by the hand.-"You

are of it,"-s

l service, by being early in their attendance!-You know that Mr. Quicksilver intends to c

g down to the

u astonish me!-Have you paired off? You

to Yorkshire alm

o-night-eh? Come! The division won't come on t

ested the attention of those whom he was addressing, and suddenly reminded them of what, in their polit

atters upon you," said Lord C--, with sudden earnestness; "but

om which he seemed now to be forever excluded. He, therefore, pursued his way on foot. One of those on whom his troubled eye lit, was a well-known figure on horseback-the great Duke of --, on his way down to the House of Lords, going very slowly, his head inclined on one side, his iron-cast features overspread with an expression of stern thoughtfulness. He did not observe Mr. Aubrey-in fact, he seemed too much absorbed with his ow

ight dinner, he repaired to his library. The only letter which had arrived since he had left in the morning, bore the Grilston postmark, and was in the handwriting of Mrs. Aubrey. He opened it with trembling eagerness. It was crossed

very much. Do come home. Mamma

les A

cannot write because she is so li

s A., Y

ted to write in her little son's name, or had actually

s that you will answer

nces. He was perfectly aware of his precise position, in point of law, namely, that he was safe in the possession of the Yatton property, (with the exception of the trifle which was occupied by Jolter, and had been the object of the action just determined,) till another action should have been brought, directly seeking its recovery; and that by forcing his opponent to bring such action, he might put him to considerable risk of retaining his verdict, and thereby greatly harass him, and ward off, indefinitely, the evil day from himself. By these means he might secure time, possibly also, favorable terms for the payment of the dreadful arrear of mesne profits, in which he stood indebted to his successor. To this effect he had received several intimations from Mr. Runnington, as upright and conscientious an adviser as was to be found in the profession. But Mr. Aubrey had decided upon his course; he had taken his ground, and intended to maintain it. However sudden and unlooked-for had been the claim set up against him, it had been deliberately and solemnly co

Even at the worst, how favored is my situation in comparison of that of millions of my fellow-creatures? Shall I-may I not-lessen my own sufferings, by the contemplation of those which the Almighty has thought fit to inflict upon my brethren? What if I, and those whom I love, were the subjects of direful disease-of vice-of dishonor? What if I were the object of the just and universal contempt of mankind; given up to a reprobate mind; miserable here, and without hope hereafter? Here have I health, a loving family-have had the inestimable advantages of education, and even now, in the imminent approach of danger, am enabled to preserve, in some measure, a composure of feeling, a resolution-which will support me, and those who are dearer to me than life." Here his heart beat quickly, and he walked rapidly to and fro. "I am confident that Providence will care for them! As for me, even in sight of the more serious and startling peril which menaces me-what is it to a Christian but a trial of his constancy? There hath no temptation taken you, say the Scriptures written for our instruction, but such as is common to man;[7] but God is faithful, who w

the next morning, made his appearance at breakfast, pursuant to appointment; "within two hours' time of the court's d

ill, 25th

ntl

itmouse v

f course, aware that we are now in a situation to attack, successfully, the entire property at Yatton, at present in the possession of Mr. Aubrey; and that, had we thought fit, we might have sought and recovered it all in the action which has just been decided in favor of our client. It is now in our power greatly to strengthen the evidence adduced at the late trial:

such a line of conduct may not greatly prejudice his interests, and place him in a far worse position than, perhaps, he would otherwise have occupied. As we understand your client to be in town, we trust you

Gammon

Running

," said Mr. Aubrey, calmly, but with a suppr

unced in their favor:-but, to be sure, it's very excusable, when you consider the line of

as to the course I shall

ammunition enough left for the purpose: and we'll tender a bill of exceptions, and carry the case into the Exchequer Chamber, and t

nscientious-in me to put them to the expense and anxiety of a second trial, when the w

visible amazement-"who ever heard of an estate of even one

and a-year, I would submit-after such a

ve the means of exploding against the next trial? Ah, Mr. Aubrey, you don't know the character of Messrs. Quirk, Gammon,

r. Runnington! Besides, had we not the advantage of most emine

ngton, firmly but respectfully, "of the observations

ugh I did not feel at liberty to press the matte

ke the chance of a second

y-"I beg you, Mr. Runnington, to write this day to the gentlemen upon the other side, and

n, with some agitation. "Deliver up possession of the es

to say-Mr. Runnington," replied

course of my practice I never heard of such a proced

last quarter's rents are in my banker's hands, an

interrupted Mr. Runnington,

tion in which I am placed," said

on the subject, Mr. Aubrey; but hav

: and I frankly own that I see no way open be

Messrs. Quirk, Gammon, and Snap!!

undertake to pay off the national deb

ing," replied Mr. Runnin

hanged color, but spoke with firmness-"I must own this to be a matter which has occasioned me inexpressible anxiety, Mr. Runnington. I really do not see what length of time wi

payment of the mesne profits, on the ground of your total ignorance of the title of Titmouse; and I laid a case before the most skilful lawyer in the Court o

-can I entirely acquit myself of negligence? Have I not been culpably forgetful of the suggestions wh

e and intellectual countenance, and most winning address; he was a thorough politician, and possessed of eloquence, immense practical knowledge, and a commanding intellect. He was made for eminent office; and got through the most complicated and harassing business with ease and celerity. He had for several years entertained a sincere regard for Mr. Aubrey, whom he considered to be a very rising man in the House of Com

dful liabilities to which he was subject. "Really," exclaimed his Lordship, "who can be safe? It might have happened to me-to any of us! Forgive me, my dear Aubrey," he continued earnestly, "if I venture to expr

rey, and let me repeat my questio

y children, my sister-I could have submitted to this misfortune with unshrinking fortitude; but they are, alas, involved in my ruin! My wife had nothing when I married her; and of course the set

seemed mu

talking about these matters last night; we wish we could serve yo

" echoed Mr. Aubr

ur thoughts from the distressing subjects which here occupy them, and must

hink I can for a single moment entertain the idea of qu

ink you ought to do so; that you must," re

firmly. "The bare idea shocks me. It would be the meanest, most unp

onor, I never heard of such absurdity as yours, in my life. Are you to stay at home, to have your hands tied behind your back, an

n-your sweet lovely sister;-good God! it's quite s

pale; "but you do not convince my judgment. Every dictate of conscience a

hing been yet said on the subject of these liabilities-t

ey follow as a m

owe only sixty thous

and!" echoed Mr.

t have had at least a hundred thousand pound

prevents more than six years

unate, ill-used gentleman? Are not the remaining forty thousand pounds justly due-money of his which you have b

tand your drift, Lord C--," sa

ng you and your family, by extorting a vast sum of money not equitably due: I protest I see no difference in principle, Aubrey, between availing yourself of the statute of limitat

ose a seat for Yatton," said

up his ears. "Ay,

nd, Liberal principles; probably he will sit for the bor

Liberal principles? By taking a little notice of him early, one might-e

Hundreds; and this evening, if you like, a ne

uring the interview. "The numbers will run very close; they are stirring heaven and earth!-Good heavens! my dear Aubrey, a vote's inv

d determined air; "besides, I leave for Yatton by to-night's mail. There

alf absently. He was intensely disappointed at not ob

ton, when I may have occasi

nly-my movements after that

cerely to Mrs. Aubrey and your sister; and when you look at

reaking up his establishment in Grosvenor Street, and disposing of his wines, books, and furniture at Yatton. He also instructed a house-agent to look out for two or three respectable but small houses in the outsk