CHAPTER XXXVII. THE LAST STRUGGLE
That the age of chivalry is gone, we are reminded some twenty timesin each day of our commonplace existence, Perhaps the changed tone ofsociety exhibits nowhere a more practical but less picturesque advantagethan in the fact that the "joust" of ancient times is now replaced bythe combat of the law court. Some may regret--we will not say if we arenot of the number--that the wigged Baron of the Exchequer is scarcely sopleasing an arbiter as the Queen of Love and Beauty. Others may deemthe knotted subtleties of black-letter a sorry recompense for the "wildcrash and tumult of the fray." The crier of the Common Pleas wouldfigure to little advantage beside the gorgeously clad Herald of theLists; nor are the artificial distinctions of service so imposing thata patent of precedency could vie with the white cross on the shield ofa Crusader. Still, there are certain counterbalancing interests to beconsidered; and it is possible that the veriest decrier of the law'suncertainty "would rather stake life and fortune on the issue of a'trial of law,' than on the thews and sinews of the doughtiest championthat ever figured in an 'ordeal of battle.'"
In one respect there is a strong similarity between the twoinstitutions. Each, in its separate age, possessed the same sway andinfluence over men's minds, investing with the deepest interest eventsof which they were hitherto ignorant, and enlisting partisans of opinionin cases where, individually, there was nothing at stake.
An important trial has all the high interest of a most excitingnarrative, whose catastrophe is yet to come, and where so manyinfluential agencies are in operation to mould it. The proofsthemselves, the veracity of witnesses, their self-possession and courageunder the racking torture of cross-examination, the ability and skillof the advocate, the temper of the judge, his character of rashnessor patience, of doubt or decisiveness; and then, more vague than allbesides, the verdict of twelve perhaps rightly minded but as certainlyvery ordinarily endowed men, on questions sometimes of the greatestsubtlety and obscurity. The sum of such conflicting currents makes up a"cross sea," where everything is possible, from the favoring tide thatleads to safety, to the swell and storm of utter shipwreck.
At the winter assizes of Galway, in the year 1802, all the deepsympathies of a law-loving population were destined to be most heartilyengaged by the record of Darcy _versus_ Hickman, now removed by a changeof _venue_ for trial to that city. It needed not the unusual complimentof Galway being selected as a likely spot for the due administration ofjustice, to make the plaintiff somewhat popular on this occasion. Thereaction which for some time back had taken place in favor of the "realgentry" had gone on gaining in strength, so that public opinionwas already inclining to the side of those who had earned a sort ofprescriptive right to public confidence. The claptraps of patriotism,associated as they were often found to be with cruel treatment oftenants and dependants, were contrasted with the independent bearing ofmen who, rejecting dictation and spurning mob popularity, devoted thebest energies of mind and fortune to the interests of all belongingto them. All the vindictiveness and rancor of a party press could notobliterate these traits, and character sufficed to put down calumny.
Hickman O'Reilly, accompanied by the old doctor, had arrived inGalway the evening before the trial, in all the pomp of a splendidtravelling-carriage, drawn by four posters. The whole of "Nolan's" HeadInn had been already engaged for them and their party, who formed atolerably numerous suite of lawyers, solicitors, and clerks, togetherwith some private friends, curious to witness the proceedings.
In a very quiet but comfortable old inn called the "Devil and the Bagof Nails,"--a corruption of the ancient Satyr and the Bacchanals,--Mr.Bicknell had pitched his camp, having taken rooms for the Knight andForester, who were to arrive soon after him, but whose presence inIreland was not even suspected by the enemy.
There was a third individual who repaired to the West on this occasion,but who studiously screened himself from observation, waiting patientlyfor the issue of the combat to see on which side he should carry hiscongratulation: need we say his name was Con Heffernan?
Bicknell had heard of certain threats of the opposite party, which,while he did not communicate them to Darcy, were sufficient to give himdeep uneasiness, as they went so far as to menace a very severe reprisalfor these continued proceedings by a criminal action against LionelDarcy. Of what nature, and on what grounds sustained, he knew not; buthe was given to understand that if his principal would even nowsubmit to some final adjustment out of court, the Hickmans would treatliberally with him, and, while abandoning these threatened proceedingsagainst young Darcy, show Bicknell all the grounds for such a procedure.
It was past midnight when Darcy and Forester arrived; but beforethe Knight retired to rest he had learned all Bicknell's doubts andscruples, and unhesitatingly decided on proceeding with his suit. Hefelt that a compromise would now involve the honor of his son, of whichhe had not the slightest dread of any investigation; and, however smallthe prospect of success, the trial must take place to evidence his utterdisregard, his open defiance of this menace.
Morning came; and long before the judges took their seat, the court wascrowded in every part. The town was thronged with the equipages of theneighboring gentry, all eager to witness the trial; while the countrypeople, always desirous of an exciting scene, thronged every avenue andpassage of the building, and even the wide area in front of it. Nothingshort of that passion for law and its interests, so inherent in an Irishheart, could have held that vast multitude thus enchained; for the daywas one of terrific storm, the rain beating, the wind howling, and thesea roaring as it swept into the bay and broke in showers of foam uponthe rocky shore. Each moment ran the rumor of some new disaster in thetown,--now it was a chimney fallen, now a roof blown in, now an entirehouse, with all its inmates destroyed; fires, too, the invariableaccompaniment of hurricane, had broken out in various quarters, andcries for help and screams of wretchedness were mingled with the wilderuproar of the elements. Yet of that dense mob, few if any quitted theirplaces for these sights and sounds of woe. The whole interest lay withinthat sombre building, and on the issue of an event of whose particularsthey knew absolutely nothing, and the details of which it was impossiblethey could follow did they even hear them.
The ordinary precursors to the interest of these scenes are the chanceappearances of those who are to figure prominently in them; and such,indeed, attracted far more of attention on this occasion than all thestartling accidents by fire and storm then happening on every side. Eachlawyer of celebrity on the circuit was speedily recognized, and greetedby tokens of welcome or expressions of disfavor, as politics or partyinclined. The attorneys were treated with even greater familiarity,themselves not disdaining to exchange a repartee as they passed, inwhich combats, be it said, they were not always the victors. At lastcame old Dr. Hickman, feebly crawling along, leaning one arm on hisson's, and the other on the stalwart support of Counsellor O'Halloran.The already begun cheer for the popular "Counsellor" was checked by thearrival of the sheriff, preceding and making way for the judges, whosepresence ever imposed a respectful demeanor. The buzz and hum of voices,subdued for a moment, had again resumed its sway, when once more thepolice exerted themselves to make a passage through the throng, callingout, "Make way for the Attorney-General!" and a jovial, burly personage,with a face redolent of convivial humor and rough merriment, came up,rather dragging than linked with the thin, slight figure of Bicknell,who with unwonted eagerness was whispering something in his ear.
"I'll do it with pleasure, Bicknell," rejoined the full, mellow voice,loud enough to be heard by those on either side; "I know the sheriffvery well, and he will take care to let him have a seat on the bench.What's the name?"
"The Earl of Wallincourt," whispered Bicknell, a little louder.
"That's enough; I'll not forget it" So saying, he released his grasp ofthe little man, and pursued his vigorous course. In a few moments after,Bicknell was seen accompanied by Forester alone; "the Knight" havingdetermined not to present himself till towards th
e close of theproceedings, if even then.
The buzz and din incident to a tumultuous assembly had just subsided tothe decorous quietude of a Court of Justice, by the judges entering andtaking their seats, when, after a few words interchanged between theAttorney-General and the sheriff, the latter courteously addressed LordWallincourt, and made way for him to ascend the steps leading tothe bench. The incident was in itself too slight and unimportant formention, save that it speedily attracted the attention of O'Halloran,whose quick glance at once recognized his ancient enemy. So sudden wasthe shock, and so poignant did it seem, that he actually desisted fromthe occupation he was engaged in of turning over his brief, and sat downpale and trembling with passion.
"You are not ill?" asked O'Reilly, eagerly, for he had not remarked theincident.
"Not ill," rejoined O'Halloran, in a low, deep whisper; "but do you seewho is sitting next Judge Wallace, on the left of the bench?"
"Forester, I really believe," exclaimed O'Reilly; for so separated werethe two "United" countries at that period that his accession to rank andtitle was a circumstance of which neither O'Reilly nor his lawyer hadever heard.
"We 'll change the _venue_ for him, too, before the day is over," saidO'Halloran, with a savage leer. "Do not let him see that we notice him."
While these brief words were interchanged, the business of the courtwas opened, and, some routine matters over, the record of Darcy _versus_Hickman called on. After this, the names of the special jury list wererecited, and the invariable scene of dispute and wrangling incidentto their choice followed. In law, as in war, the combat opens by askirmish; a single cannon-shot, or a leading question, if thrown out, ismeant rather to ascertain "the range" than with any positive intentionof damage; but gradually the light troops fall back, forces concentrate,and a mighty movement is made. In the present instance the preliminarieswere unusually long, the plaintiff's counsel not only stating all thegrounds of the present suit, but recapitulating, with painful accuracy,the reasons for the change of _venue_, and reviewing and of courserebutting by anticipation every possible or impossible objectionthat might be made by his learned friend on "the other side." For ourpurpose, it is enough if we condense the matter into a single statement,that the action was to show that Hickman, in purchasing portions of theDarcy estate, was and must have been aware that the Knight of Gwynne'ssignature appended to the deed of sale was a forgery, and that henever had concurred in, nor was even cognizant of, this disposal of hisproperty. A single case was selected to establish this fact, on which,if proved, further proceedings in Equity would be founded.
The plaintiff's case opened by an examination of a number of witnesses,old tenants of the Darcy property. These were not only called to provethe value of their holdings, as being very far above the price allegedto have been paid by Hickman, but also that they themselves were intotal ignorance that the estate had been conveyed away to anotherproprietor, and never knew till the flight and death of Gleeson tookplace, that for many years previous they had ceased to be tenants ofMaurice Darcy, to become those of Dr. Hickman.
The examination and cross-examination of these witnesses presented allthe varying and changeful fortunes ever observable in such scenes.At one moment some obdurate old farmer resisting, with ludicrouspertinacity, all the efforts of the examining counsel to elicit the verytestimony he himself wished to give; at another, the native humor ofthe peasant was seen baffling and foiling all the trained skill andpractised dexterity of the pleader. Many a merry burst of laughter, manya jest that set the court in a roar, were exchanged. It was in Ireland,remember; but still the business of the day advanced, and a greatweight of evidence was adduced, which, however suggestive to commonintelligence, went legally only so far as to show that the tenantrywere, almost to a man, of an opinion which, whether well founded or notin reason, turned out to be incorrect.
Darcy's counsel, a man of quickness and intelligence, made a very ablespeech, summing up the evidence, and commenting on every leading portionof it. He dwelt powerfully on the fact that at the time of this allegedsale the Knight, so far from being a distressed and embarrassed man, andconsequently likely to effect a sale at a great loss, was, in reality,in possession of a princely fortune, his debts few and insignificant,and his income far above any possible expenditure. If he studiouslyavoided adverting to Gleeson's perfidy, as solely in fault, he assumedto himself credit for the forbearance, alleging that less scrupulousadvisers might have gone perhaps further, and inferred connivance in acase so dubious and dark. "My client, however," said he, "gave me butone instruction in this cause, and it was this: 'If the law of the land,justly administered, as I believe it will be, restores to me my own, Ishall be grateful; but if the pursuit of what I feel my right involvethe risk of reflecting on one honest man's fame, or imputing falselyaught of dishonor to an unblemished reputation, I tell you frankly, Idon't think a verdict so obtained can carry with it anything but shameand disgrace."
With these words he sat down, amid a murmur of approving voices;for there were many there who knew the Knight by reputation, if notpersonally, and were aware how well such a speech accorded with everyfeature of his character.
There was a brief delay as he resumed his seat. It was already late, thecourt had been obliged to be lighted up a considerable time previous,and the question of an adjournmeut was now discussed. The probablelength of O'Halloran's reply would best guide the decision, and theChief Baron asked if the learned counsel's statement were likely to belong.
"Yes, my Lord," replied he; "it is not a case to be dismissed briefly,and I have many witnesses to call."
Another brief discussion took place on the bench, and the Chief Baronannounced that as there were many important causes still standing overfor trial, they should best consult public convenience by proceeding,and that, after a few moments devoted to refreshment, the case should goon.
The judges retired, and many of the leading counsel took the sameopportunity to recruit strength exhausted by several hours of severetoil. The Hickmans and O'Halloran never quitted their places; a decanterof sherry and a sandwich from the hotel were served where they sat,but the old man took nothing. The interest of the scene appeared tooabsorbing to admit of even a sense of hunger or weariness, and he satwith his hands folded, and his eyes mechanically fixed upon the nowempty jury-box; for there, the whole day, were his looks riveted, toread, if he might, the varying emotions in the faces of those who heldso much of his fortune in their keeping.
While the noise and hubbub which characterize a court at such intervalswas at its highest, a report was circulated that increased in no smalldegree the excitement of the scene, and gave a character of intenseanxiety to an assemblage so lately broken up by varied and dissimilarpassions. It was this: a large vessel had struck on a reef in the bay,and the sea was now breaking over her. She had been seen from an earlyhour endeavoring to beat to the southward; but the wind had drawn moreto the westward as the storm increased, and a strong shore current hadalso drawn her on land. In a last endeavor to clear the headlands ofClare, she missed stays, and being struck by a heavy sea, her rudder wascarried away. Totally unmanageable now, she was drifted along, tillshe struck on a most dangerous reef about a mile from shore. Signals ofdistress were seen at her masthead, but no boat could venture out.The storm was already a hurricane, and even in the very harbor twofishing-boats had sunk.
As the dreadful tidings flew from mouth to mouth, a terribleconfirmation was heard in the booming of guns of distress, which atbrief intervals sounded amid the crashing of the storm.
It was at this moment of intense excitement that the crier proclaimedsilence for the approaching entry of the judges. If the din of humanvoices became hushed and low, the deafening thunder of the elementsseemed to increase, and the roaring of the enraged sea appeared to fillthe very atmosphere.
As the judges resumed their seats, and the vast crowd ceased to stir orspeak, O'Halloran arose. His voice was singularly low and quiet; but yetevery word he uttered was distinctly heard
through all the clamor of thestorm.
"My Lords," said he, "before entering upon my client's case, I wouldbespeak the kind indulgence of the court in respect to a matter purelypersonal to myself. Your Lordships are too well aware that I shouldinsist upon it, that in a cause where the weightiest interests ofproperty are engaged, the mind of the advocate should be disembarrassedand free,--not only free as regards the exercise of whatever knowledgeand skill he may possess, not merely free from the supposition of anyindividual hazard the honest discharge of his duty might incur, butfree from the greater thraldom of disturbed and irritated emotions,originating in the deepest sense of wounded honor.
"Far be it from me, my Lords, long used in the practice of these courts,and long intimate with the righteous principle on which the laws areadministered in them, to utter a syllable that in the remotest degreemight seem to impugn the justice of the bench; but, a mere frail anderring creature, with feelings common to all around me, I wish toprotest against continuing my client's case while your Lordships' benchis occupied by one who, in my person, has grossly outraged the sanctityof the law. Yes, my Lords," said he, raising his voice, till thedeep tones swelled and floated through the vast space, "as the humbleadvocate of a cause, I now proclaim that in addressing that bench, Iam incapable to render justice to the case before me, so long as I seeassociated with your Lordships a man more worthy to figure in the dockthan to take his seat among the ermined judges of the land. A momentmore, my Lords. I am ready to make oath that the individual on yourLordships' left is Richard Forester, commonly called the HonorableRichard Forester;--how suitable the designation, your Lordships shallsoon hear--"
"I beg to interrupt my learned friend," interposed the Attorney-General,rising. "He is totally in error; and I would wish to save him from theembarrassment of misdescription. The gentleman he alludes to is the Earlof Wallincourt, a peer of the realm."
"Proceed with your client's case, Mr. O'Halloran," said the ChiefBaron, who saw that to discuss the question further was now irrelevant.O'Halloran sat down, overwhelmed with rage; a whispered communicationfrom behind told him that the Attorney-General was correct, and thatForester was removed beyond the reach of his vengeance. After a fewmoments he rallied, and again rose. Turning slowly over the pages of avoluminous brief, he stood waiting, with practised art, till expectancyhad hushed each murmur around, when suddenly the crier called, "Way,there,--make way for the High Sheriff!" and that functionary, with amanner of excessive agitation, leaned over the bar, and addressed thebench. "My Lords, I most humbly entreat your Lordships' forgiveness forthus interrupting the business of the court; but the extreme emergencywill, I hope, pardon the indecorum. A large vessel has struck on therocks in the bay: each moment it is expected she must go to pieces. Apanic seems to prevail among even our hardy fishermen; and my humblerequest is, that if there be any individual in this crowded assemblypossessing naval knowledge, or any experience in calamities of thisnature, he will aid us by his advice and co-operation."
The senior judge warmly approved the humane suggestion of the sheriff;and several persons were seen now forcing their way through the densemass,--the far greater part, be it owned, more excited by curiosity thanstimulated by any hope of rendering efficient service. NotwithstandingBicknell's repeated entreaties, and remembrances of his late severeillness, Forester also quitted the court, and accompanied the sheriffto the beach. And now O'Halloran, whose impatience during this intervaldisplayed little sympathy with the sad occasion of the interruption,asked, in a manner almost querulous, if their Lordships were ready tohear him? The court assented, and he began. Without once adverting tothe subject on which he so lately addressed them, he opened his case bya species of narrative of the whole legal contest which for some timeback had been maintained between the opposite parties in the presentsuit. Nothing could be more calm or more dispassionate than the estimatehe formed of such struggles; neither inclining the balance to one partynor the other, but weighing with impartiality all the reasons that mightprompt men on one side to continue a course of legal investigations,and the painful necessity on the other to provide a series of defences,costly, onerous, and harassing. "I have only to point out to the courtthe defendant in this action, to show how severe such a duty may become.Here, my Lords, beside me, site the gentleman, bowed down with moreyears than are allotted to humanity generally. Look upon him, and say ifit be not difficult to determine what course to follow,--the abandonmentof a just right, or its maintenance, at the cost of rendering thefew last years--why do I say years?--days, hours, of a life careworn,distracted, and miserable!"
Dwelling long enough on this theme to interest without wearying thejury, he adroitly addressed himself to the case of those who, by asystem of litigious persecution, would seek to obtain by menace whatthey must despair of by law. Beginning by vague and wide generalities,he gradually accumulated a mass of allegations and inferences, whichconcentrating to a point, he suddenly checked himself, and said: "Now,my Lords, it may be supposed that I will imitate the delicate reserve ofmy learned friend opposite, and while filling your minds with dark andmysterious suspicions, profess a perfect ignorance of all intention toapply them. But I will not do this: I will be candid and free-spoken;nay, more, my Lords, I will finish what my learned friend has leftincomplete; and I will proclaim to the court, and this jury, what hewished, but did not dare, to say,--that we, the defendants in thisaction, were not only cognizant of a forgery, but were associated in theact! There it is, my Lords; and I accept my learned friend's bland smileas the warm acknowledgment of the truth of my assertion. My learnedfriend is obliged to me. I see that he cannot conceal his joy at theinaptitude of my avowal. But we have a case, my Lords, that can happilydispense with the dexterity of an advocate, and make its truth felt,even through means as unskilful as mine. They disclaimed, it istrue,--they disclaimed in words the wish to make this inference; buteven take their disclaimer as such, and what is it? An avowal of theirweakness, an open expression of the poverty of their proofs. Yes, myLords, their disclaimers were like the ominous sounds which break fromtime to time upon our ear,--but signal-guns of distress. Like that fatedvessel, whose sad destiny is perhaps this moment accomplishing, theyhave been storm-tossed and cast away,--their proud ensign torn, andtheir rudder gone, but, unlike her, they cannot brave their fate withoutseeking to involve others in the calamity."
A terrible gust of wind, so sudden and violent as to be like athunderclap, now struck the building; and with one tremendous crashthe great window of the court-house was driven in, and scattered infragments of glass and timber throughout the court. A scene of thewildest confusion ensued, for almost immediately the lights becameextinguished, and from the dark abyss arose a terrible chaos of voicesin every agony of fear and suffering. Some announced that the roofwas giving way and was about to crush them; others, in all the bodilytorture of severe wounds, cried for help.
It was nearly an hour before the court could resume its sitting, whichat length was done in one of the adjoining courts, the usual sceneof the criminal trials. Here, now, lights were procured, and after aconsiderable delay the cause proceeded. If the various events of thenight, added to the fatigue of the day, had impressed both the benchand the jury with signs of greatest exhaustion, O'Halloran showed noevidence of abated vigor. On the contrary, like one whose vengeance hadbeen thwarted by opposing accident, he exhibited a species of impatientardor to resume his work of defamation. With a brief apology for anywant of due coherence in an argument so frequently interrupted, helaunched out into the most ferocious attack upon the plaintiff inthe suit; and while repudiating the affected reserve of the oppositecounsel, boldly proclaimed that they would not imitate it; nay, further,that they were only awaiting the sure verdict in their favor, tocommence a criminal action against the parties for the very crime theydared to insinuate against them.
"I shall now call my witnesses, my Lord; and if the Grand Cross ofthe Bath, which this day's paper tells me is to be conferred upon theplaintiff, be not meant, like the bran
d which foreign justice impresseson its felons, as a mark of ignominy, I am at a loss to understand howit has descended on this man. Call Nathaniel Leery."
The examination of the witnesses was in perfect keeping with theinfamous scurrility of the speech, and the testimony elicited wentto prove everything the advocate desired. Though exposed bycross-examination, and their perjury proved, O'Halloran kept a perpetualrecapitulation of their assertions before the jury, and so artfullythat few, save the practised minds of a legal auditory, could havedistinguished in that confused web of truth and falsehood.
The business proceeded with difficulty; for, added to the uproar of thestorm, was a continued tumult of voices in the outer hall of the court,and where now several sailors, saved from the wreck, had been broughtfor shelter. By frequent loud cries from this quarter the courtwas interrupted, and more than once its proceedings completelyarrested,--inconveniences which the judges submitted to with the mosttolerant patience,--when at length a loud murmur arose, which graduallyswelling louder and louder, all respect for the sacred precincts of thejudgment-seat seemed lost in the wild tumult. In a tone of sharp reproofthe Chief Baron called on the sheriff to allay the uproar, and ifnecessary, to clear the hall. The order was scarcely given, when onedeafening shout was raised from the street, and, soon caught up, echoedby a thousand voices, while shrill cries of "He has saved them! he hassaved them!" rent the air.
"What means this, Mr. Sheriff?"
"It is my Lord Wallincourt, my Lord, who has just rescued from the wreckthree men who persisted in being lost together rather than separate.Hitherto only one man was taken at each trip of the boat; but this youngnobleman offered a thousand pounds to the crew who would accompany him,and it appears they have succeeded."
"Really, my Lords," said O'Halloran, who had heard the honorable mentionof a hated name, "I must abandon my client's cause. These interruptions,which I conclude your influence is powerless to remove, have sointerfered with the line of defence I had laid down for adoption, andhave so confused the order of the proofs I had prepared, that Ishould but injure, and not serve, my respected client by continuing torepresent his interests."
A bland assurance from the court that order should be rigidly enforced,and a pressing remonstrance from O'Reilly, overcame a resolve scarcelymaturely taken, and he consented to go on.
"We will now, my Lords," said he, "call a very material witness,--arespectable tenant on the property,--who will prove that on a day inNovember, antecedent to Gleeson's death, he had a conversation with theKnight of Gwynne--Really, my Lords, I cannot proceed; this is no longera court of justice."
The remainder of his words were lost in an uproar like that of the seaitself; and, like that element, the great mass swelled forward, and arush of people from the outer hall bore into the court, till seats andbarriers gave way before that overwhelming throng.
For some minutes the scene was one of almost personal conflict. The mob,driven forward by those behind, were obliged to endure a buffeting bythe more recognized possessors of the place; nor was it till police andmilitary had lent their aid that the court was again restored to quiet,while several of the rioters were led off in custody.
"Who are these men, and to what purpose are they here?" said the ChiefBaron, as Bicknell officiously exerted himself to make way for somepersons behind.
"I come to tender my evidence in this cause," said a deep, solemnvoice, as a man advanced to the witness-table, displaying to the amazedassembly a bold, intrepid countenance, on which streaks of blue andyellow color were fantastically mingled, like the war-paint of a savage.
"Who are you, sir?" rejoined O'Halloran, with his habitual scowl.
"My name is Bagenal Daly. I believe their Lordships are not ignorantof my rank and station; and this gentleman at my side is also here toafford his testimony. This, my Lords, is Thomas Gleeson!"
One cry of amazement rang through the assembly, through which a wildshriek pierced with a clear and terrible distinctness; and now theattention was suddenly turned towards old Hickman, who had fallenforward senseless on the table.
"My client is very ill,--he is dangerously ill. My Lord, I beg tosuggest an adjournment of the cause," said O'Halloran; while O'Reilly,with a face like death, continued to whisper eagerly in his ear. "Iappeal to the plaintiff himself, if he be here, and is not devoid of thefeelings attributed to him, and I ask that the cause may be adjourned."
"It is not a case in which the defendant's illness can be made use ofto press such a demand," said one of the judges, mildly; "but if theopposite party consent--"
"He is worse, my Lord."
"I say, if the opposite party--"
"He is dead!" said O'Halloran, solemnly; and letting go the lifelesshand, it fell with a heavy bang upon the table.
"Take your verdict," said O'Halloran, with the look of a demon; and,bursting his way through the crowd, disappeared.
CHAPTER XXXVIII. CONCLUSION
When Forester entered the Knight's room in the inn, where, in calmquietude, he sat awaiting the verdict, he hesitated for a moment how heshould break the joyful tidings of Daly's arrival.
"Speak out," said Darcy. "If not exactly without hope, I am wellprepared for the worst."
"Can you say you are equally ready to hear the best?" asked Forester,eagerly.
"The best is a very strong word, my young friend," said Darcy, gravely.
"And yet, I speak advisedly,--the best."
"If so, perhaps I am not so prepared. My heart has dwelt so long onthese troubles, recognizing them as I felt they must be, that I would,perhaps, ask a little time to think how I should hear tidings so remotefrom all expectation. Of course, I do not speak of the mere verdicthere."
"Nor I," interposed Forester, impatiently. "I speak of what restores youto your ancient house and rank, your station and your fortune."
"Can this be true?"
"Ay, Maurice, every word of it," broke in Daly, who, having listened sofar, could no longer restrain himself. The two old men fell into eachother's arms with all the cordial affection with which they had embracedas schoolfellows sixty years before.
Great as was Darcy's amazement at seeing his oldest friend thus suddenlyrestored, it was nothing in comparison to what he felt as Daly narratedthe event of the shipwreck, and his rescue from the sinking vessel byForester.
"And your companions, who were they?" asked Darcy, eagerly.
"You shall hear."
"I guess one of them already," interposed the Knight "The trusty Sandy.Is it not so?"
"The other you will never hit upon," said Daly, nodding an assent.
"I 'm thinking over all our friends, and yet none seem likely."
"Come, Maurice, prepare yourself for surprise. What think you, if he towhose fate I had linked myself, resolving that, live or die, we shouldnot separate,--if this man was--Gleeson--honest Tom Gleeson?"
The words seemed stunning in their effect; for Darey leaned back,and passing his hands over his closed lids, murmured, "I hope my poorfaculties are not wandering,--I trust this may be no delusion."
"He is yonder," said Daly, taking the Knight's hand in his strong grasp;"Sandy mounts guard over him. Not that the poor devil thinks of ordesires escape; he was too weary of a life of deception and sin whenwe caught him, to wish to prolong it. Now rouse yourself, and listen tome."
It would doubtless be a heavy tax on our kind reader's patience werewe to relate, circumstantially, the conversation, that, now commencing,lasted during the entire night and till late in the following morning.Enough if we say that Daly, having, through Freney's instrumentality,discovered that Gleeson had not committed suicide, but only spread thisrumor for concealment's sake, resolved to pursue him to America. Fearingthat any suspicion of his object might escape, he did not eventrust Bicknell with the secret; but by suffering him to continuelaw proceedings as before, totally blinded the Hickmans as to thepossibility of the event.
It would in itself be a tale of marvel to recount the strange adventureswhich Daly en
countered in his search and pursuit of Gleeson, who hadoriginally taken up his residence in the States, was recognized there,and fled into Canada, where he wandered about from place to place,conscience-stricken and miserable. He was wretchedly poor, besides;for on the bills and securities he carried away, many being on eminenthouses in America, payment was stopped, and being unable to riskproceedings, he was reduced to beggary.
It now appeared that at a very early period of life, when a clerk in theoffice of old Hickman's agent, he had committed a forgery. It was fora small sum, and only done in anticipation of meeting the bill by hissalary due a few weeks later. So far the fraud was palliated by theintention. By some mischance the document fell into the possession ofDr. Hickman, whose name it falsely bore. He immediately took steps totrace its origin, and having succeeded, he sent for Gleeson. When theyouth, pale and terror-stricken by suspicion, made his appearance, hewas amazed that, instead of finding a prosecutor ready prepared for hisruin, he discovered a benevolent patron, who, having long watched thezeal and assiduity with which he discharged his duties, desired to beof use to him in life. Hickman told him that if he were disposed to makethe venture on his own account, he would use his influence to procurehim some small agencies, and even assist him with funds, to makeadvances to those landlords who might employ him. The interview lastedlong. There was much excellent advice and wise admonition on one side,profuse expression of gratitude and lasting fidelity on the other."Very well, very well," said old Hickman, at the close of a very devotedspeech, in which Gleeson professed the most attached and the mosthonorable motives,--for he was not at all aware that his bill was knownof,--"I am not ignorant of mankind; they are rarely, if ever, very bador very good; they can be occasionally faithful to their friends;but there is one thing they are always--careful of themselves. Seethis,"--here he took from his pocket-book the forged paper, and held itbefore the almost sinking youth,--"there is what can bring you to thegallows any day! Is this the first time?"
"It is, so help me--" cried he, falling on his knees.
"Never mind swearing. I believe you. And the last also?"
"And the last!"
"I see it must be, by the date," rejoined Hickman.
"I can pay it, sir; I have the money ready--on Tuesday--"
"Never mind that," replied Hickman, folding it up, and replacing it inthe pocket-book. "You shall pay me in something better than money,--ingratitude. Come and dine with me alone to-day, and we 'll talk over thefuture."
It has never been our taste to present pictures of depravity to ourreaders; we would more willingly turn from them, or, where that isimpossible, make them as sketchy as may be. It will be sufficient,then, if we say that Gleeson's whole career was the plan and creationof Hickman. The rigid and scrupulous honor, the spotless decorum, theunshaken probity, were all devices to win public confidence andesteem. That they were eminently successful, the epithet of "honest TomGleeson," by which he was universally known, is the guarantee. The unionof such qualities with consummate skill and the most unwearied zeal soonmade him the most distinguished man in his walk, and made his servicesnot only an evidence of success, but of a rectitude in obtaining successthat men of character prized still more highly.
Possessed of the titles of immense estates, invested with unboundedconfidence by the owners, cognizant of every legal flaw thatcould excite uneasiness, aware of every hitch and strait of theircircumstances, he was less the servant than the master of those whoemployed him.
It was a period when habits of extravagance prevailed to the widestextent. The proprietors of estates deemed spending their incomes theironly duty, and left its cares to the agents. The only reproach, then,ever laid to Gleeson's door was that when a question of a sale or aloan was agitated, honest Tom's scruples were often a most troublesomeimpediment to his less scrupulous employer. In fact, Gleeson stoodbefore the public as a kind of guardian of estated property,--theprovidence of dowagers, widows, and younger children!
Such a man, with his neck in a halter, at any moment at the mercy ofold Dr. Hickman, was an agent for ruin almost inconceivable. Through hisinstrumentality the old usurer laid out his immense stores of wealthat enormous interest, obtained possession of vast estates at a merefraction of their worth, till at length, grown hardy by long impunity,and daring by the recognition of the world, bolder expedients wereventured on. Darcy's ruin was long the cherished dream of Hickman; andwhen, after many a wily scheme and long negotiation, he saw Gleesonengaged as his agent, he felt certain of victory. His first scheme wasto make Gleeson encourage young Lionel in every project of extravagance,by putting his name to bills, assuring him that his father permitted himan almost unlimited expenditure. This course once entered upon, and wellaware that the young man kept no record of such transactions, his namewas forged to several acceptances of large amount, and, subsequently, tosales of property to meet them.
Meanwhile great loans were raised by Darcy to pay off incumbrances,and never so employed; till, at length, the Knight decided upon thenegotiation which was to clear off Hickman's mortgage,--the debt, of allothers, he hated most to think of. So quietly was this carried on, thatHickman heard nothing of it; for Gleeson, long wearied by a life oftreachery and perfidy, and never knowing the day or the hour whendisclosure might come, had resolved on escaping to America with thislarge sum of money, leaving his colleague in crime to carry on businessalone.
"The Doctor" was not, however, to be thus duped. Secret and silent asthe arrangements for flight were, he heard of them all; and hasteningout to Gleeson's house, coolly told him that any attempt at escape wouldbring him to the gallows. Gleeson attempted a denial. He alleged thathis intended going over to England was merely on account of this sum,which Darcy was negotiating for, to pay off the mortgage.
A new light broke on Hickman. He saw that his terrified confederatecould not much longer be relied upon, and it was agreed between themthat Gleeson should pay the money to redeem the mortgage, and, havingobtained the release, show it to the Knight of Gwynne. This done, he wasto carry it back to Hickman, and, for the sum of L10,000, replace it inhis hands, thus enabling the doctor to deny the payment and foreclosethe mortgage, while honest Tom, weary of perfidy, and seeking repose,should follow his original plan, and escape to America.
The money was paid, as Freney surmised and Daly believed; but Gleeson,still dreading some act of treachery, instead of returning the releaseand claiming the price, started a day earlier than he promised. The restis known to the reader. Whether the Hickmans credited the story ofthe suicide or not, they were never quite free of the terror of adisclosure; and, in pressing the matrimonial arrangement, hoped foreverto set at rest the disputed possession.
It would probably not interest our readers were we to dwell longer onGleeson or his motives. That some vague intention existed of one dayrestoring to Darcy the release of his mortgage, is perhaps not unlikely.A latent spark of honor, long buried beneath the ashes of crime, oftenshines out brightly in the last hour of existence. There might be,too, a cherished project of vengeance against the man that tempted anddestroyed him. Be it as it may, he guarded the document as though it hadbeen his last hope; and when tracked, pursued, and overtaken nearFort Erie by a party of the Delawares, of whom the Howling Wind, aliasBagenal Daly, was chief, it was found stitched up in the breast of hiswaistcoat.
Our space does not permit us to dwell upon Bagenal Daly's adventures,though we may assure our readers that they were both wild and wonderful.One only regret darkened the happiness of his exploit. It was that hewas compelled so soon to leave the pleasant society of the RedSkins, and the intellectual companionship of "Blue Fox" and "HissingLightning;" while Sandy, discovering himself to be a widower, wouldgladly have contracted new ties, to cement the alliance of the ancienthouse of M'Grane with that of the Royal Family of Hickinbooke, orthe "Slimy Whip Snake," a fair princess of which had bid high for hisaffections. Indeed, the worthy Sandy had become romantic on the subject,and suggested that if the lady would condescend to adopt certainartic
les of attire, he would have no objection to take her back to "TheCorvy." These were sacrifices, however, that not even love was calledupon to make, and the project was abortive.
458]
So far have we condensed Bagenal Daly's narrative, which, orallydelivered, lasted till the sun was high and the morning fine and bright.He had only concluded, when a servant in O'Reilly's livery broughta letter, which he said was to be given to the Knight of Gwynne, butrequired no answer. Its contents were the following:--
Sir,--The melancholy catastrophe of yesterday evening might excuse mein your eyes from any attention to the claims of mere business. But thediscovery of certain documents lately in the possession of my fatherdemand at my hands the most prompt and complete reparation. I now know,sir, that we were unjustly possessed of an estate and property thatwere yours. I also know that severe wrongs have been inflicted upon youthrough the instrumentality of my family. I have only to make thebest amende in my power, by immediately restoring the one, and askingforgiveness for the other. If you can and will accord me the pardon Iseek, I shall, as soon as the sad duties which devolve upon me here arecompleted, leave this country for the Continent, never to return. I havealready given directions to my legal adviser to confer with Mr Bicknell;and no step will be omitted to secure a safe and speedy restorationof your house and estate to its rightful owner. In deep humiliation, Iremain
Your obedient servant,
H. O'Reilly.
"Poor fellow!" said Darcy, throwing down the letter before Daly; "heseems to have been no party to the fraud, and yet all the penalty fallsupon him."
"Have no pity for the upstart rascal, Maurice; I 'll wager ahundred--thank Heaven, Mr. Gleeson has put me in possession of afew--that he was as deep as his father. Give me this paper, and I 'llask honest Tom the question."
"Not so, Bagenal; I should be sorry to think worse of any man than Imust do. Let him have at least the benefit of a doubt; and as to honestTom, set him at liberty: we no longer want him; the papers he has givenare quite sufficient,--more than we are ever like to need."
Daly had no fancy for relinquishing his hold of the game that cost himso much trouble to take; but the Knight's words were usually a law tohim, and with a muttering remark of "I 'll do it because I 'll have myeye on him," he left the room to liberate his captive.
"There he goes," exclaimed Daly, as, re-entering the room, he saw achaise rapidly drive from the door,--"there he goes, Maurice; and I ownto you I have an easier conscience for having let loose Freney on theworld than for liberating honest Tom Gleeson; but who have we here, withfour smoking posters?--ladies too!"
A travelling-carriage drew up at the door of the little inn, andimmediately three ladies descended. "That 's Maria," cried Daly, rushingfrom the room, and at once returned with his sister, Lady Eleanor, andMiss Darcy.
Miss Daly had, three days before, received a letter from
Bagenal, detailing his capture of Gleeson, and informing her that hehoped to be back in Ireland almost as soon as his letter. With thesetidings she hastened to Lady Eleanor, and concerted the journey whichnow brought them all together.
Story-tellers have but scant privilege to linger where all is happiness,unbroken and perfect. Like Mother Cary's chickens, their province israther with menacing storm than the signs of fair weather. We have,then, but space to say that a more delighted party never met than thosewho now assembled in that little inn; but one face showed any signs ofpassing sorrow,--that was poor Forester's. The general joy, to which hehad so much contributed by his exertions, rather threw a gloomier shadeover his own unhappiness; and in secret he resolved to say "Good-bye"that same evening.
Amid a thousand plans for the future, all tinged with their own brightcolor, they sat round the fire at evening, when Miss Daly, whoseaffection for the youth was strengthened by what she had seen duringhis illness, remarked that he alone seemed exempt from the generalhappiness.
"To whom we owe so much," said Lady Eleanor, kindly. "My husband isindebted to him for his life."
"I can say as much, too," said Daly; "not to speak of Gleeson'sgratitude."
"Nay!" exclaimed the young man, blushing, "I did not know the service Iwas rendering. I little guessed how grateful I should myself have reasonto be for being its instrument."
"All this is very well," said Miss Daly, abruptly; "but it is nothonest,--no, it is not honest. There are other feelings concerned herethan such amiable generalities as Joy, Pity, and Gratitude. Don't frown,Helen,--that is better, love,--a smile becomes you to perfection."
"I must stop you," said Forester, blushing deeply. "It will be enoughif I say that any observation you can make must give me the deepestpain,--not for myself--"
"But for Helen? I don't believe it. You may be a very sharp politicianand a very brave soldier, but you know very little about young ladies.Yes, there 'a no denying it,-their game is all deceit."
"Oh! Colonel Darcy--Lady Eleanor, will you not speak a word?" exclaimedForester, pale and agitated.
"A hundred, my dear boy," cried the Knight, "if they would serve you;but Helen's one is worth them all."
"Miss Darcy, dare I hope? Helen, dearest!" added he, in a whisper, as,taking her hand, he led her towards a window.
"My Lord, the carriage is ready," said his servant, throwing wide thedoor.
"You may order the horses back again," said Daly, dryly; "my Lord is notgoing this evening."
Has our reader ever made a long voyage? Has he ever experienced inhimself the strange but most complete alteration in all his sentimentsand feelings when far away from land,--on the wild, bleak waters,--andthat same "himself," when in sight of shore, with seaweed around theprow, and land-breezes on his cheek? But a few hours back and thatship was his world; he knew her from "bow to taffrail;" he greeted thecook's galley as though it were the "restaurant" his heart delighted in;he even felt a kind of friendship for the pistons as they jerked up anddown into a bowing acquaintance. But now how changed are his sentiments,how fixedly are his eyes turned to the pier of the harbor, and howimpatient is he at those tacking zigzag approaches by which nauticalskill and care approximate the goal!
Already landed in imagination, the cautious manouvres of the crew arean actual martyrdom; he has no bowels for anything save his ownenfranchisement, and he cannot comprehend the tiresome detail ofpreparations, which, after all, perhaps, are scarcely five minutesin endurance. At last, the gangway launched, see him, how heelbows forward, fighting his way, carpet-bag in hand, regardless ofpassport-people, police, and porters; he'll scarce take time to mutter a"Good-bye, Captain," in the haste to leave a scene all whose interest isover, whose adventure is past.
Such is the end of a voyage; and such, or very nearly such, the end ofa novel! You, most amiable reader, are the passenger, we the skipper.A few weeks ago you deemed us tolerable company, _faute de mieux_,perhaps. We 'll not ask why, at all events. We had you out on the wide,wild waters of uncertainty, free to sail where'er our fancy listed.In our very waywardness there was a mock semblance of power, for thecreatures we presented to you were our own, their lives and fortunes inour hands. Now all that is over,--we have neared the shore, and all ourhold on you is bygone.
How can we hope to excite interest in events already accomplished? Whylinger over details which you have already filled up? Of course, sayyou, all ends happily now. Virtue is rewarded--as novelists understandrewarding--by matrimony, and vice punished in single blessedness. Thehero marries the heroine; and if they don't live happy, etc.
But what became of Bagenal Daly? says some one who would compliment usby expressing so much of interest. Bagenal, then, only waited to see theKnight restored to his own, to retire with his sister to "The Corvy,"where, attended by Sandy, he passed the remainder of his days in peaceand quietude; his greatest enjoyment being to seize on a chance touristto the Causeway, and make him listen to narratives of his early life,but which age had now so far commingled that the merely strange becameactually marvellous.
Paul Dempsey grieved f
or a week, but consoled himself on hearingthat his rival had been a "lord;" and subsequently, in a "moment ofenthusiasm," he married Mrs. Fumbally. The Hickmans left Ireland for theContinent, where they are still to be found, rambling about from cityto city, and expressing the utmost sympathy with their country'smisfortunes, but, to avoid any admixture of meaner feeling, suffering notaint of lucre to mingle with their compassion.
As for Lionel Darcy, his name is to be found in the despatches from theEast, and with a mention that shows that he has derogated in nothingfrom the proud character of his race.
Of all those who figured before our reader, but one remains on the stagewhere they all performed; and he, perhaps, has no claim to be especiallyremembered. There is always, however, somewhat of respectabilityattached to the oldest inhabitant, that chronicler of cold winters andwarm summers, of rainy springs and stormy Octobers. Con Heffernan,then, lives, and still wields no inconsiderable share of his ancientinfluence. Each party has discovered his treachery, but neither candispense with his services. He is the last link remaining between themen of Ireland's "great day" and the very different race who now usurpthe direction of her destiny.
Of the period of which we have endeavored to picture some meagreresemblance, unhappily the few traces remaining are those most to bedeplored. The poverty, the misery, and the anarchy survive; the genialhospitality, the warm attachment to country, the cordial generosity ofIrish feeling, have sadly declined. Let us hope that from the depthof our present sufferings better days are about to dawn, and a periodapproaching when Ireland shall be "great" in the happiness of herpeople, "glorious" in the development of her inexhaustible resources,and "free" by that best of freedom,--free from the trammels of anunmeaning party warfare, which has ever subjected the welfare of thecountry to the miserable intrigues of a few adventurers.
THE END.
The Knight Of Gwynne, Vol. 2 (of 2) Page 37