A shake of the head, and a merry burst of laughter, was all the answer; and Paul departed.

CHAPTER x.x.xVII. THE LAST STRUGGLE

That the age of chivalry is gone, we are reminded some twenty times in each day of our commonplace existence, Perhaps the changed tone of society exhibits nowhere a more practical but less picturesque advantage than in the fact that the "joust" of ancient times is now replaced by the combat of the law court. Some may regret--we will not say if we are not of the number--that the wigged Baron of the Exchequer is scarcely so pleasing an arbiter as the Queen of Love and Beauty. Others may deem the knotted subtleties of black-letter a sorry recompense for the "wild crash and tumult of the fray." The crier of the Common Pleas would figure to little advantage beside the gorgeously clad Herald of the Lists; nor are the artificial distinctions of service so imposing that a patent of precedency could vie with the white cross on the shield of a Crusader. Still, there are certain counterbalancing interests to be considered; and it is possible that the veriest decrier of the law's uncertainty "would rather stake life and fortune on the issue of a 'trial of law,' than on the thews and sinews of the doughtiest champion that ever figured in an 'ordeal of battle.'"

In one respect there is a strong similarity between the two inst.i.tutions. Each, in its separate age, possessed the same sway and influence over men's minds, investing with the deepest interest events of which they were hitherto ignorant, and enlisting partisans of opinion in cases where, individually, there was nothing at stake.

An important trial has all the high interest of a most exciting narrative, whose catastrophe is yet to come, and where so many influential agencies are in operation to mould it. The proofs themselves, the veracity of witnesses, their self-possession and courage under the racking torture of cross-examination, the ability and skill of the advocate, the temper of the judge, his character of rashness or patience, of doubt or decisiveness; and then, more vague than all besides, the verdict of twelve perhaps rightly minded but as certainly very ordinarily endowed men, on questions sometimes of the greatest subtlety and obscurity. The sum of such conflicting currents makes up a "cross sea," where everything is possible, from the favoring tide that leads to safety, to the swell and storm of utter shipwreck.

At the winter a.s.sizes of Galway, in the year 1802, all the deep sympathies of a law-loving population were destined to be most heartily engaged by the record of Darcy _versus_ Hickman, now removed by a change of _venue_ for trial to that city. It needed not the unusual compliment of Galway being selected as a likely spot for the due administration of justice, to make the plaintiff somewhat popular on this occasion. The reaction which for some time back had taken place in favor of the "real gentry" had gone on gaining in strength, so that public opinion was already inclining to the side of those who had earned a sort of prescriptive right to public confidence. The claptraps of patriotism, a.s.sociated as they were often found to be with cruel treatment of tenants and dependants, were contrasted with the independent bearing of men who, rejecting dictation and spurning mob popularity, devoted the best energies of mind and fortune to the interests of all belonging to them. All the vindictiveness and rancor of a party press could not obliterate these traits, and character sufficed to put down calumny.

Hickman O'Reilly, accompanied by the old doctor, had arrived in Galway the evening before the trial, in all the pomp of a splendid travelling-carriage, drawn by four posters. The whole of "Nolan's" Head Inn had been already engaged for them and their party, who formed a tolerably numerous suite of lawyers, solicitors, and clerks, together with some private friends, curious to witness the proceedings.

In a very quiet but comfortable old inn called the "Devil and the Bag of Nails,"--a corruption of the ancient Satyr and the Baccha.n.a.ls,--Mr.

Bicknell had pitched his camp, having taken rooms for the Knight and Forester, who were to arrive soon after him, but whose presence in Ireland 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 patiently for the issue of the combat to see on which side he should carry his congratulation: 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 him deep uneasiness, as they went so far as to menace a very severe reprisal for these continued proceedings by a criminal action against Lionel Darcy. Of what nature, and on what grounds sustained, he knew not; but he was given to understand that if his princ.i.p.al would even now submit to some final adjustment out of court, the Hickmans would treat liberally with him, and, while abandoning these threatened proceedings against young Darcy, show Bicknell all the grounds for such a procedure.

It was past midnight when Darcy and Forester arrived; but before the Knight retired to rest he had learned all Bicknell's doubts and scruples, and unhesitatingly decided on proceeding with his suit. He felt that a compromise would now involve the honor of his son, of which he had not the slightest dread of any investigation; and, however small the prospect of success, the trial must take place to evidence his utter disregard, his open defiance of this menace.

Morning came; and long before the judges took their seat, the court was crowded in every part. The town was thronged with the equipages of the neighboring gentry, all eager to witness the trial; while the country people, always desirous of an exciting scene, thronged every avenue and pa.s.sage of the building, and even the wide area in front of it. Nothing short of that pa.s.sion for law and its interests, so inherent in an Irish heart, could have held that vast mult.i.tude thus enchained; for the day was one of terrific storm, the rain beating, the wind howling, and the sea roaring as it swept into the bay and broke in showers of foam upon the rocky sh.o.r.e. Each moment ran the rumor of some new disaster in the town,--now it was a chimney fallen, now a roof blown in, now an entire house, with all its inmates destroyed; fires, too, the invariable accompaniment of hurricane, had broken out in various quarters, and cries for help and screams of wretchedness were mingled with the wilder uproar of the elements. Yet of that dense mob, few if any quitted their places for these sights and sounds of woe. The whole interest lay within that sombre building, and on the issue of an event of whose particulars they knew absolutely nothing, and the details of which it was impossible they could follow did they even hear them.

The ordinary precursors to the interest of these scenes are the chance appearances of those who are to figure prominently in them; and such, indeed, attracted far more of attention on this occasion than all the startling accidents by fire and storm then happening on every side. Each lawyer of celebrity on the circuit was speedily recognized, and greeted by tokens of welcome or expressions of disfavor, as politics or party inclined. The attorneys were treated with even greater familiarity, themselves not disdaining to exchange a repartee as they pa.s.sed, in which combats, be it said, they were not always the victors. At last came old Dr. Hickman, feebly crawling along, leaning one arm on his son's, and the other on the stalwart support of Counsellor O'Halloran.

The already begun cheer for the popular "Counsellor" was checked by the arrival of the sheriff, preceding and making way for the judges, whose presence ever imposed a respectful demeanor. The buzz and hum of voices, subdued for a moment, had again resumed its sway, when once more the police exerted themselves to make a pa.s.sage through the throng, calling out, "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 sheriff very 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 of the little man, and pursued his vigorous course. In a few moments after, Bicknell was seen accompanied by Forester alone; "the Knight" having determined not to present himself till towards the close of the proceedings, if even then.

The buzz and din incident to a tumultuous a.s.sembly had just subsided to the decorous quietude of a Court of Justice, by the judges entering and taking their seats, when, after a few words interchanged between the Attorney-General and the sheriff, the latter courteously addressed Lord Wallincourt, and made way for him to ascend the steps leading to the bench. The incident was in itself too slight and unimportant for mention, save that it speedily attracted the attention of O'Halloran, whose quick glance at once recognized his ancient enemy. So sudden was the shock, and so poignant did it seem, that he actually desisted from the occupation he was engaged in of turning over his brief, and sat down pale and trembling with pa.s.sion.

"You are not ill?" asked O'Reilly, eagerly, for he had not remarked the incident.

"Not ill," rejoined O'Halloran, in a low, deep whisper; "but do you see who is sitting next Judge Wallace, on the left of the bench?"

"Forester, I really believe," exclaimed O'Reilly; for so separated were the two "United" countries at that period that his accession to rank and t.i.tle was a circ.u.mstance of which neither O'Reilly nor his lawyer had ever heard.

"We 'll change the _venue_ for him, too, before the day is over," said O'Halloran, with a savage leer. "Do not let him see that we notice him."

While these brief words were interchanged, the business of the court was opened, and, some routine matters over, the record of Darcy _versus_ Hickman called on. After this, the names of the special jury list were recited, and the invariable scene of dispute and wrangling incident to their choice followed. In law, as in war, the combat opens by a skirmish; a single cannon-shot, or a leading question, if thrown out, is meant rather to ascertain "the range" than with any positive intention of damage; but gradually the light troops fall back, forces concentrate, and a mighty movement is made. In the present instance the preliminaries were unusually long, the plaintiff's counsel not only stating all the grounds of the present suit, but recapitulating, with painful accuracy, the reasons for the change of _venue_, and reviewing and of course reb.u.t.ting by antic.i.p.ation every possible or impossible objection that might be made by his learned friend on "the other side." For our purpose, it is enough if we condense the matter into a single statement, that the action was to show that Hickman, in purchasing portions of the Darcy estate, was and must have been aware that the Knight of Gwynne's signature appended to the deed of sale was a forgery, and that he never had concurred in, nor was even cognizant of, this disposal of his property. 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 prove the value of their holdings, as being very far above the price alleged to have been paid by Hickman, but also that they themselves were in total ignorance that the estate had been conveyed away to another proprietor, and never knew till the flight and death of Gleeson took place, that for many years previous they had ceased to be tenants of Maurice Darcy, to become those of Dr. Hickman.

The examination and cross-examination of these witnesses presented all the varying and changeful fortunes ever observable in such scenes.

At one moment some obdurate old farmer resisting, with ludicrous pertinacity, all the efforts of the examining counsel to elicit the very testimony he himself wished to give; at another, the native humor of the peasant was seen baffling and foiling all the trained skill and practised dexterity of the pleader. Many a merry burst of laughter, many a 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 great weight of evidence was adduced, which, however suggestive to common intelligence, went legally only so far as to show that the tenantry were, almost to a man, of an opinion which, whether well founded or not in reason, turned out to be incorrect.

Darcy's counsel, a man of quickness and intelligence, made a very able speech, summing up the evidence, and commenting on every leading portion of it. He dwelt powerfully on the fact that at the time of this alleged sale the Knight, so far from being a distressed and embarra.s.sed man, and consequently 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 studiously avoided adverting to Gleeson's perfidy, as solely in fault, he a.s.sumed to himself credit for the forbearance, alleging that less scrupulous advisers might have gone perhaps further, and inferred connivance in a case so dubious and dark. "My client, however," said he, "gave me but one 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, I shall be grateful; but if the pursuit of what I feel my right involve the risk of reflecting on one honest man's fame, or imputing falsely aught of dishonor to an unblemished reputation, I tell you frankly, I don't think a verdict so obtained can carry with it anything but shame and 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 not personally, and were aware how well such a speech accorded with every feature of his character.

There was a brief delay as he resumed his seat. It was already late, the court had been obliged to be lighted up a considerable time previous, and the question of an adjournmeut was now discussed. The probable length of O'Halloran's reply would best guide the decision, and the Chief Baron asked if the learned counsel's statement were likely to be long.

"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 Baron announced that as there were many important causes still standing over for trial, they should best consult public convenience by proceeding, and that, after a few moments devoted to refreshment, the case should go on.

The judges retired, and many of the leading counsel took the same opportunity to recruit strength exhausted by several hours of severe toil. The Hickmans and O'Halloran never quitted their places; a decanter of sherry and a sandwich from the hotel were served where they sat, but the old man took nothing. The interest of the scene appeared too absorbing to admit of even a sense of hunger or weariness, and he sat with his hands folded, and his eyes mechanically fixed upon the now empty jury-box; for there, the whole day, were his looks riveted, to read, if he might, the varying emotions in the faces of those who held so much of his fortune in their keeping.

While the noise and hubbub which characterize a court at such intervals was at its highest, a report was circulated that increased in no small degree the excitement of the scene, and gave a character of intense anxiety to an a.s.semblage so lately broken up by varied and dissimilar pa.s.sions. 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 early hour endeavoring to beat to the southward; but the wind had drawn more to the westward as the storm increased, and a strong sh.o.r.e current had also drawn her on land. In a last endeavor to clear the headlands of Clare, she missed stays, and being struck by a heavy sea, her rudder was carried away. Totally unmanageable now, she was drifted along, till she struck on a most dangerous reef about a mile from sh.o.r.e. Signals of distress were seen at her masthead, but no boat could venture out.

The storm was already a hurricane, and even in the very harbor two fishing-boats had sunk.

As the dreadful tidings flew from mouth to mouth, a terrible confirmation was heard in the booming of guns of distress, which at brief intervals sounded amid the crashing of the storm.

It was at this moment of intense excitement that the crier proclaimed silence for the approaching entry of the judges. If the din of human voices became hushed and low, the deafening thunder of the elements seemed to increase, and the roaring of the enraged sea appeared to fill the very atmosphere.

As the judges resumed their seats, and the vast crowd ceased to stir or speak, O'Halloran arose. His voice was singularly low and quiet; but yet every word he uttered was distinctly heard through all the clamor of the storm.

"My Lords," said he, "before entering upon my client's case, I would bespeak the kind indulgence of the court in respect to a matter purely personal to myself. Your Lordships are too well aware that I should insist upon it, that in a cause where the weightiest interests of property are engaged, the mind of the advocate should be disembarra.s.sed and free,--not only free as regards the exercise of whatever knowledge and skill he may possess, not merely free from the supposition of any individual hazard the honest discharge of his duty might incur, but free 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 are administered in them, to utter a syllable that in the remotest degree might seem to impugn the justice of the bench; but, a mere frail and erring creature, with feelings common to all around me, I wish to protest against continuing my client's case while your Lordships' bench is occupied by one who, in my person, has grossly outraged the sanct.i.ty of the law. Yes, my Lords," said he, raising his voice, till the deep tones swelled and floated through the vast s.p.a.ce, "as the humble advocate of a cause, I now proclaim that in addressing that bench, I am incapable to render justice to the case before me, so long as I see a.s.sociated with your Lordships a man more worthy to figure in the dock than to take his seat among the ermined judges of the land. A moment more, my Lords. I am ready to make oath that the individual on your Lordships' left is Richard Forester, commonly called the Honorable Richard Forester;--how suitable the designation, your Lordships shall soon 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 the embarra.s.sment of misdescription. The gentleman he alludes to is the Earl of Wallincourt, a peer of the realm."

"Proceed with your client's case, Mr. O'Halloran," said the Chief Baron, who saw that to discuss the question further was now irrelevant.

O'Halloran sat down, overwhelmed with rage; a whispered communication from behind told him that the Attorney-General was correct, and that Forester was removed beyond the reach of his vengeance. After a few moments he rallied, and again rose. Turning slowly over the pages of a voluminous brief, he stood waiting, with practised art, till expectancy had hushed each murmur around, when suddenly the crier called, "Way, there,--make way for the High Sheriff!" and that functionary, with a manner of excessive agitation, leaned over the bar, and addressed the bench. "My Lords, I most humbly entreat your Lordships' forgiveness for thus interrupting the business of the court; but the extreme emergency will, I hope, pardon the indecorum. A large vessel has struck on the rocks in the bay: each moment it is expected she must go to pieces. A panic seems to prevail among even our hardy fishermen; and my humble request is, that if there be any individual in this crowded a.s.sembly possessing naval knowledge, or any experience in calamities of this nature, 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 dense ma.s.s,--the far greater part, be it owned, more excited by curiosity than stimulated by any hope of rendering efficient service. Notwithstanding Bicknell's repeated entreaties, and remembrances of his late severe illness, Forester also quitted the court, and accompanied the sheriff to the beach. And now O'Halloran, whose impatience during this interval displayed little sympathy with the sad occasion of the interruption, asked, in a manner almost querulous, if their Lordships were ready to hear him? The court a.s.sented, and he began. Without once adverting to the subject on which he so lately addressed them, he opened his case by a species of narrative of the whole legal contest which for some time back had been maintained between the opposite parties in the present suit. Nothing could be more calm or more dispa.s.sionate than the estimate he formed of such struggles; neither inclining the balance to one party nor the other, but weighing with impartiality all the reasons that might prompt 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 hara.s.sing. "I have only to point out to the court the defendant in this action, to show how severe such a duty may become.

Here, my Lords, beside me, site the gentleman, bowed down with more years than are allotted to humanity generally. Look upon him, and say if it be not difficult to determine what course to follow,--the abandonment of a just right, or its maintenance, at the cost of rendering the few 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 the jury, he adroitly addressed himself to the case of those who, by a system of litigious persecution, would seek to obtain by menace what they must despair of by law. Beginning by vague and wide generalities, he gradually acc.u.mulated a ma.s.s of allegations and inferences, which concentrating to a point, he suddenly checked himself, and said: "Now, my Lords, it may be supposed that I will imitate the delicate reserve of my learned friend opposite, and while filling your minds with dark and mysterious suspicions, profess a perfect ignorance of all intention to apply 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 left incomplete; and I will proclaim to the court, and this jury, what he wished, but did not dare, to say,--that we, the defendants in this action, were not only cognizant of a forgery, but were a.s.sociated in the act! There it is, my Lords; and I accept my learned friend's bland smile as the warm acknowledgment of the truth of my a.s.sertion. My learned friend is obliged to me. I see that he cannot conceal his joy at the inapt.i.tude of my avowal. But we have a case, my Lords, that can happily dispense with the dexterity of an advocate, and make its truth felt, even through means as unskilful as mine. They disclaimed, it is true,--they disclaimed in words the wish to make this inference; but even take their disclaimer as such, and what is it? An avowal of their weakness, an open expression of the poverty of their proofs. Yes, my Lords, their disclaimers were like the ominous sounds which break from time to time upon our ear,--but signal-guns of distress. Like that fated vessel, whose sad destiny is perhaps this moment accomplishing, they have been storm-tossed and cast away,--their proud ensign torn, and their rudder gone, but, unlike her, they cannot brave their fate without seeking to involve others in the calamity."

A terrible gust of wind, so sudden and violent as to be like a thunderclap, now struck the building; and with one tremendous crash the great window of the court-house was driven in, and scattered in fragments of gla.s.s and timber throughout the court. A scene of the wildest confusion ensued, for almost immediately the lights became extinguished, and from the dark abyss arose a terrible chaos of voices in every agony of fear and suffering. Some announced that the roof was giving way and was about to crush them; others, in all the bodily torture of severe wounds, cried for help.

It was nearly an hour before the court could resume its sitting, which at length was done in one of the adjoining courts, the usual scene of the criminal trials. Here, now, lights were procured, and after a considerable delay the cause proceeded. If the various events of the night, added to the fatigue of the day, had impressed both the bench and the jury with signs of greatest exhaustion, O'Halloran showed no evidence of abated vigor. On the contrary, like one whose vengeance had been thwarted by opposing accident, he exhibited a species of impatient ardor to resume his work of defamation. With a brief apology for any want of due coherence in an argument so frequently interrupted, he launched out into the most ferocious attack upon the plaintiff in the suit; and while repudiating the affected reserve of the opposite counsel, boldly proclaimed that they would not imitate it; nay, further, that they were only awaiting the sure verdict in their favor, to commence a criminal action against the parties for the very crime they dared to insinuate against them.

"I shall now call my witnesses, my Lord; and if the Grand Cross of the Bath, which this day's paper tells me is to be conferred upon the plaintiff, be not meant, like the brand which foreign justice impresses on its felons, as a mark of ignominy, I am at a loss to understand how it has descended on this man. Call Nathaniel Leery."

The examination of the witnesses was in perfect keeping with the infamous scurrility of the speech, and the testimony elicited went to prove everything the advocate desired. Though exposed by cross-examination, and their perjury proved, O'Halloran kept a perpetual recapitulation of their a.s.sertions before the jury, and so artfully that few, save the practised minds of a legal auditory, could have distinguished in that confused web of truth and falsehood.

The business proceeded with difficulty; for, added to the uproar of the storm, was a continued tumult of voices in the outer hall of the court, and where now several sailors, saved from the wreck, had been brought for shelter. By frequent loud cries from this quarter the court was interrupted, and more than once its proceedings completely arrested,--inconveniences which the judges submitted to with the most tolerant patience,--when at length a loud murmur arose, which gradually swelling louder and louder, all respect for the sacred precincts of the judgment-seat seemed lost in the wild tumult. In a tone of sharp reproof the Chief Baron called on the sheriff to allay the uproar, and if necessary, to clear the hall. The order was scarcely given, when one deafening shout was raised from the street, and, soon caught up, echoed by a thousand voices, while shrill cries of "He has saved them! he has saved them!" rent the air.