"What's to be done?" said Daly, interrupting a catalogue of disasters he could scarcely listen to with patience; "have you anything to propose?"

"We must move in Equity for an inquiry into the validity of these doc.u.ments; many of the signatures are probably false; we can lay a case for a jury--"

"Well, I don't want to hear the details,--you mean to go to law; now, has Darcy wherewithal to sustain a suit? These Hickmans are rich."

"Very wealthy people indeed," said Bicknell, dryly. "The Knight cannot engage in a legal contest with them without adequate means. I am not sufficiently in possession of Mr. Darcy's resources to p.r.o.nounce on the safety of such a step."

"I can tell you, then: they have nothing left to live upon save his wife's jointure. Lady Eleanor has something like a thousand a year in settlement,--certainly not more."

"If they can contrive to live on half this sum," said the lawyer, cautiously, "we may, perhaps, find the remainder enough for our purposes. The first expenses will be, of course, very heavy: drafts to prepare, searches to make, witnesses to examine, with opinion of high counsel, will all demand considerable outlay."

"This is a point I can give no opinion upon," said Daly; "they have been accustomed to live surrounded with luxuries of every kind: whether they can at once descend to actual poverty, or would rather cling to the remnant of their former comforts, is not in my power to tell."

"The very bond under which they have foreclosed," said Bicknell, "admits of great question. Unfortunately, that fellow Gleeson destroyed all the papers before his suicide, or we could ascertain if a clause of redemption were not inserted; there was no registry of the judgment, and we are consequently in the hands of the enemy."

"I cannot help saying," said Daly, sternly, "that if it were not for the confounded subtleties of your craft, roguery would have a less profitable sphere of employment: so many hitches, so many small crotchety conjunctures influence the mere question of right and wrong that a man is led at last to think less of justice itself than of the petty artifices to secure a superiority."

"I must a.s.sure you that you are in a great error," said Bicknell, calmly; "the complication of a suit is the necessary security the law has recourse to against the wiles and stratagems of designing men. What you call its. .h.i.tches and subtleties are the provisions against craft by which mere honesty is protected: that they are sometimes employed to defeat justice, is saying no more than that they are only human contrivances; for what good inst.i.tution cannot be so perverted?"

"So much the better, if you can think so. Now, what are Darcy's chances of success?--never mind recapitulating details, which remind me a great deal too much of my own misfortunes, but say, in one word, is the prospect good or bad, or has it a tinge of both?"

"It may be any of the three, according to the way in which the claim is prosecuted; if there be sufficient means--"

"Is that the great question?"

"Undoubtedly; large fees to the leading counsel, retainers, if a record be kept for trial at the a.s.sizes, and payment to special juries: all are expensive, and all necessary."

"I 'll write to Darcy to-night, then,--or, better still, I 'll write to Lady Eleanor, repeating what you have told me, and asking her advice and opinion; meanwhile, lose no time in consulting Mr. Boyle,--you prefer him?"

"Certainly, in a case like this he cannot be surpa.s.sed; besides, he is already well acquainted with all the leading facts, and has taken a deep interest in the affair. There are cla.s.ses and gradations of ability at the bar, irrespective of degrees of actual capacity; we have the heavy artillery of the Equity Court, the light field-pieces of the King's Bench, and the Congreve rockets of a.s.size display: to misplace or confound them would be a grave error."

"I know where I 'd put them all, if _my_ pleasure were to be consulted,"

muttered Daly, in an undergrowl.

"Now, if we have a case for a jury, we must secure Mr. O'Halloran--"

"He who made a speech to the mob in Smithfield the other day?"

"The same. I perceive you scarcely approve of my suggestion; but his success at the bar is very considerable: he knows a good deal of law, and a great deal more about mankind. A rising man, sir, I a.s.sure you."

"It must be in a falling state of society, then," said Daly, bitterly.

"Time was when the first requisite of a barrister was to be a gentleman.

An habitual respect for the decorous observances of polite life was deemed an essential in one whose opinions were as often to be listened to in questions of right feeling as of right doing. His birth, his social position, and his acquirements were the guarantees he gave the world that, while discussing subtleties, he would not be seduced into anything low or unworthy. I am sorry that notion has become antiquated."

"You would not surely exclude men of high talents from a career because their origin was humble?" said Bicknell.

"And why not, sir? Upon what principle was the bodyguard of n.o.ble persons selected to surround the person of the sovereign, save that blood was deemed the best security for allegiance? And why should not the law, only second in sacred respect to the person of the monarch, be as rigidly protected? The Church excludes from her ministry all who, even by physical defect, may suggest matter of ridicule or sarcasm to the laity; for the same reason I would reject from all concern with the administration of justice those coa.r.s.er minds whose habits familiarize them with vulgar tastes and low standards of opinion."

"I confess this seems to me very questionable doctrine, not to speak of the instances which the law exhibits of her brightest ornaments derived from the very humblest walks in life."

"Such cases are probably esteemed the more because of that very reason,"

said Daly, haughtily; "they are like the pearl in the oyster-sh.e.l.l, not very remarkable in itself, but one must go so low down to seek for it.

I have an excuse for warmth; I have lost the greater part of a large fortune in contesting a right p.r.o.nounced by high authority to be incontrovertible. Besides," added he, with a courteous smile, "if Mr.

Bicknell may oppose my opinion, he has the undoubted superiority that attaches to liberality, his own family claiming alliance with the best in the land."

This happy turn seemed to divert the course of a conversation which half threatened angrily. Again the business topic was resumed, and after a short discussion, Bicknell took his leave, while Daly prepared to write his letter to Lady Eleanor.

He had not proceeded far in his task when Lionel entered with a newspaper in his hand.

"Have you heard the news of the notorious robber being taken?" said he.

"Who do you mean? Barrington, is it?"

"No; Freney."

"Freney! taken?--when--how--where?"

"It's curious enough," said Lionel, coolly, seating himself to read the paragraph, without noticing the eagerness of Daly's manner; "the fellow seems to have had a taste for sporting matters which no personal fear could eradicate. His capture took place this wise. He went over to Doncaster, to be present at the Spring Meeting, where he betted freely, and won largely. There happened, however, to come a reverse to his fortune, and on the last day of the running he lost everything, and was obliged to apply for a.s.sistance to a former companion, who, it would seem, was some hundred pounds in his debt; this worthy, having no desire to refund, threatened the police; Freney became exasperated, knocked him down on the spot, and then, turning smartly round, chucked one of the jockeys from his saddle, sprang on the horse's back, and made off like lightning. The other, only stunned for a moment, was soon on his legs again, and the cry of 'Freney! it was Freney the robber!' resounded throughout the race-course. The scene must then have been a most exciting one, for the whole mounted population, with one accord, gave chase. n.o.blemen and country gentlemen, fox-hunters, farmers, and blacklegs, away they went, Freney about a quarter of a mile in front, and riding splendidly."

"That I 'm sure of," said Daly, earnestly. "Go on!"

"Mellington took the lead of every one, mounted on that great steeplechase horse he is so proud of,--no fences too large for him, they say; but the robber--and what a good judge of country the fellow must be--left the heavy ground and preferred even breasting a long hill of gra.s.s-land, with several high rails, to the open country below, where the clay soil distressed his horse. By this manoeuvre, says the newspaper, he was obliged to make a circuit which again brought the great body of his pursuers close up with him; and now his dexterity as a horseman became apparent, for while riding at top speed, and handling his horse with the most perfect judgment, he actually contrived to divest himself of his heavy greatcoat. He had but just accomplished this very difficult task, when Lord Mellington once more came up. There was a heavy dike in front, with a double post and rail, and at this they rushed desperately, each, apparently, calculating on the other being thrown, or at least checked.

"Freney, now only a dozen strides in advance, turned in his saddle, and drawing a pistol from his breast, took an aim,--as steadily, too, as if firing at a mark. Lord Mellington saw the dreadful purpose of the robber; he shouted aloud, and, pulling up with all his might, he bent down to the very mane of his horse. Freney pulled the trigger, and with one mad plunge Lord Mellington's horse came headforemost to the ground, with his rider under him. Freney was not long the victor; the racer he bestrode breasted the high rail, and, unable to clear it, fell heavily forward, smashing the frail timbers before him, and pitching the rider on his head. He was up in a second and away; for about twenty yards his speed was immense, then, reeling, he staggered forwards and fell senseless; before he rallied he was taken, and in handcuffs. There is a description of the fellow," said Lionel, "and, by Jove! one would think they were describing some wild denizen of the woods, or some strange animal of savage life, so eloquent is the paragraph about his appearance and personal strength."

"A well-knit fellow, no doubt, and more than a match for most in single combat," said Daly, musing.

"You have seen him, then?"

"Ay, that I have, and must see him again. Where is he confined?"

"In Newgate."

"That is so far fortunate, because the jailer is an old acquaintance of mine."

"I have a great curiosity to see this Freney."

"Come along with me, then," said Daly, as he arose and rang the bell to order a carriage; "you shall gratify your curiosity; but I must ask you to leave us alone together afterwards, for, strange as it may seem, we have a little affair of confidence between us."

It did, indeed, appear not a little strange that any secret negotiation or understanding should exist between two such men; but Lionel did not venture to ask any explanation of the difficulty, but silently prepared to accompany him. As they went along towards Newgate, Daly related several anecdotes of Freney, all of which tended to show that the fellow had all his life felt that strange pa.s.sion for danger so attractive to certain minds, and that his lawless career was more probably adopted from this tendency than any mere desire of money-getting. Many of his robberies resembled feats of daring rather than cautious schemes to obtain property. "Society," added Daly, "is truly not much benefited because the highwayman is capricious; but still, one cannot divest oneself of a certain interest for a rascal who has always shown himself ready to risk his neck, and who has never been charged with any distinct act of cruelty. When I say this much, I must caution you against indulging a sympathy for a law-breaker because he is not a perfect monster of iniquity; such fellows are very rare, and we are always too well inclined to admire the few good qualities of a bad man, just as we are astonished at a few words spoken plain by a parrot.

"'The things themselves are neither strange nor rare; We wonder how the devil they came there.'"

While Daly wisely cautioned his young companion against the indulgence of a false and mawkish sympathy for the criminal, he in his own heart could not help feeling the strongest interest for any misfortune of a spirit so wild and so reckless.

Daly's card, pa.s.sed through the iron grating of the strong door, soon procured them admission, and they were conducted into a small and neatly furnished room, where a mild-looking middle-aged man was seated, reading. He rose as they entered, and saluted them respectfully.

"Good evening, Dunn; I hope I see you well. My friend Captain Darcy--Mr.