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"A thousand shares."
"What did you buy it for?"
"To help you."
"What have you kept it for?"
"To help keep the General at the head of the management."
"Turn about is fair play, isn't it?"
"That's the adage," responded Talbot.
"Well, I'm going to put that stock up; do you understand?"
"How will you do it?"
"By saying I'll do it. I want it whispered along the line that the General is going to put that stock up within a week. They're all greedy. They are all just like the rest of us. They know it isn't worth a continental copper, but they want a hand in the General's speculations, and the General wants it understood that he would like to have them share in his profits."
"I think I understand," said Talbot.
"Toll, I've got another vision. Hold on now! I behold a man in the General's confidence—a reliable, business man—who whispers to his friend that he heard the General say that he had all his plans laid for putting up the Crooked Valley stock within a week. This friend whispers it to another friend. No names are mentioned. It goes from friend to friend. It is whispered through every town along the line. Everybody gets crazy over it, and everybody quietly sends in an order for stock. In the meantime the General and his factor, yielding to the pressure—melted before the public demand—gently and tenderly unload! The vision still unrolls. Months later I behold the General buying back the stock at his own price, and with it maintaining his place in the management. Have you followed me?"
"Yes, General, I've seen it all. I comprehend it, and I shall unload with all the gentleness and tenderness possible."
Then the whimsical scoundrel and his willing lieutenant laughed a long, heartless laugh.
"Toll, I feel better, and I believe I'll get up," said the General. "Let this vision sink deep into your soul. Then give it wings, and speed it on its mission. Remember that this is a vale of tears, and don't set your affections on things below. By-by!"
Talbot went down stairs, drawing on his gloves, and laughing. Then he went out into the warm light, buttoned up his coat instinctively, as if to hide the plot he carried, jumped into his coupe, and went to his business.
Mr. Belcher dressed himself with more than his usual care, went to Mrs. Belcher's room and inquired about his children, then went to his library, and drew forth from a secret drawer a little book. He looked it over for a few minutes, then placed it in his packet, and went out. The allusion that had been made to Mrs. Dillingham, and the assurance that he was popularly understood to be her lover, and the only man who was regarded by her with favor, intoxicated him, and his old passion came back upon him.
It was a strange manifestation of his brutal nature that at this moment of his trouble, and this epoch of his cruelty and crime, he longed for the comfort of a woman's sympathy. He was too much absorbed by his affairs to be moved by that which was basest in his regard for his beautiful idol. If he could feel her hand upon his forehead; if she could tell him that she was sorry for him; if he could know that she loved him; ay, if he could be assured that this woman, whom he had believed to be capable of guilt, had prayed for him, it would have been balm to his heart. He was sore with struggle, and guilt, and defeat. He longed for love and tenderness. As if he were a great bloody dog, just coming from the fight of an hour, in which he had been worsted, and seeking for a tender hand to pat his head, and call him "poor, good old fellow," the General longed for a woman's loving recognition. He was in his old mood of self-pity. He wanted to be petted, smoothed, commiserated, reassured; and there was only one woman in all the world from whom such ministry would be grateful.
He knew that Mrs. Dillingham had heard of his loss, for she heard of and read everything. He wanted her to know that it had not shaken him. He would not for the world have her suppose that he was growing poor. Still to appear to her as a person of wealth and power; still to hold her confidence as a man of multiplied resources, was, perhaps, the deepest ambition that moved him. He had found that he could not use her in the management of his affairs. Though from the first, up to the period of her acquaintance with Harry Benedict, she had led him on to love her by every charm she possessed, and every art she knew, she had always refused to be debased by him in any way.
When he went out of his house, at the close of his interviews with Talbot and Mrs. Belcher, it was without a definitely formed purpose to visit the charming widow. He simply knew that his heart was hungry. The sun-flower is gross, but it knows the sun as well as the morning-glory, and turns to it as naturally. It was with like unreasoning instinct that he took the little book from its drawer, put on his hat, went down his steps, and entered the street that led him toward Mrs. Dillingham's house. He could not keep away from her. He would not if he could, and so, in ten minutes, he was seated with her, vis a vis.
"You have been unfortunate, Mr. Belcher," she said, sympathetically. "I am very sorry for you. It is not so bad as I heard, I am sure. You are looking very well."
"Oh! it is one of those things that may happen any day, to any man, operating as I do," responded Mr. Belcher, with a careless laugh. "The General never gets in too deep. He is just as rich to-day as he was when he entered the city."
"I'm so glad to hear it—gladder than I can express," said Mrs. Dillingham, with heartiness.
Her effusiveness of good feeling and her evident relief from anxiety, were honey to him.
"Don't trouble yourself about me," said he, musingly. "The General knows what he's about, every time. He has the advantage of the rest of them, in his regular business."
"I can't understand how it is," responded Mrs. Dillingham, with fine perplexity. "You men are so different from us. I should think you would be crazy with your losses."
Now, Mr. Belcher wished to impress Mrs. Dillingham permanently with a sense of his wisdom, and to inspire in her an inextinguishable faith in his sagacity and prudence. He wanted her to believe in his power to retain all the wealth he had won. He would take her into his confidence. He had never done this with relation to his business, and under that treatment she had drifted away from him. Now that he found how thoroughly friendly she was, he would try another method, and bind her to him. The lady read him as plainly as if he had been a book, and said:
"Oh, General! I have ascertained something that may be of use to you. Mr. Benedict is living. I had a letter from his boy this morning—dear little fellow—and he tells me how well his father is, and how pleasant it is to be with him again."
Mr. Belcher frowned.
"Do you know I can't quite stomach your whim—about that boy? What under heaven do you care for him?"
"Oh, you mustn't touch that whim, General," said Mrs. Dillingham, laughing. "I am a woman, and I have a right to it. He amuses me, and a great deal more than that. I wouldn't tell you a word about him, or what he writes to me, if I thought it would do him any harm. He's my pet. What in the world have I to do but to pet him? How shall I fill my time? I'm tired of society, and disgusted with men—at least, with my old acquaintances—and I'm fond of children. They do me good. Oh, you mustn't touch my whim!"
"There is no accounting for tastes!" Mr. Belcher responded, with a laugh that had a spice of scorn and vexation in it.
"Now, General, what do you care for that boy? If you are a friend to me, you ought to be glad that he interests me."
"I don't like the man who has him in charge. I believe Balfour is a villain."
"I'm sure I don't know," said the lady. "He never has the courtesy to darken my door. I once saw something of him. He is like all the rest, I suppose; he is tired of me."
Mrs. Dillingham had played her part perfectly, and the man before her was a blind believer in her loyalty to him.
"Let the boy go, and Balfour too," said the General. "They are not pleasant topics to me, and your whim will wear out. When is the boy coming back?"
"He is to be away all summer, I believe."
"Good!"
Mrs. Dillingham laughed.
"Why, I am glad of it, if you are," she said.
Mr. Belcher drew a little book from his pocket.
"What have you there?" the lady inquired.
"Women have great curiosity," said Mr. Belcher, slapping his knee with the little volume.
"And men delight to excite it," she responded.
"The General is a business man, and you want to know how he does it," said he.
"I do, upon my word," responded the lady.
"Very well, the General has two kinds of business, and he never mixes one with the other."
"I don't understand."
"Well, you know he's a manufacturer—got his start in that way. So he keeps that business by itself, and when he operates in Wall street, he operates outside of it. He never risks a dollar that he makes in his regular business in any outside operation."
"And you have it all in the little book?"
"Would you like to see it?"
"Yes."
"Very well, you shall, when I've told you all about it. I suppose that it must have been ten years ago that a man came to Sevenoaks who was full of all sorts of inventions. I tried some of them, and they worked well; so I went on furnishing money to him, and, at last, I furnished so much that he passed all his rights into my hands—sold everything to me. He got into trouble, and lost his head—went into an insane hospital, where I supported him for more than two years. Then he was sent back as incurable, and, of course, had to go to the poor house. I couldn't support him always, you know. I'd paid him fairly, run all the risk, and felt that my hands were clean."
"He had sold everything to you, hadn't he?" inquired Mrs. Dillingham, sympathetically.
"Certainly, I have the contract, legally drawn, signed, and delivered."
"People couldn't blame you, of course."
"But they did."
"How could they, if you paid him all that belonged to him?"
"That's Sevenoaks. That's the thing that drove me away. Benedict escaped, and they all supposed he was dead, and fancied that because I had made money out of him, I was responsible for him in some way. But I punished them. They'll remember me."
And Mr. Belcher laughed a brutal laugh that rasped Mrs. Dillingham's sensibilities almost beyond endurance.
"And, now," said the General, resuming, "this man Balfour means to get these patents that I've owned and used for from seven to ten years out of me. Perhaps he will do it, but it will be after the biggest fight that New York ever saw."
Mrs. Dillingham eyed the little book. She was very curious about it. She was delightfully puzzled to know how these men who had the power of making money managed their affairs. Account-books were such conundrums to her!
She took a little hassock, placed it by Mr. Belcher's chair, and sat down, leaning by the weight of a feather against him. It was the first approach of the kind she had ever made, and the General appreciated it.
"Now you shall show me all about it," she said.
The General opened the book. It contained the results, in the briefest space, of his profits from the Benedict inventions. It showed just how and where all those profits had been invested and re-invested. Her admiration of the General's business habits and methods was unbounded. She asked a thousand silly questions, with one, occasionally, which touched an important point. She thanked him for the confidence he reposed in her. She was delighted to know his system, which seemed to her to guard him from the accidents so common to those engaged in great enterprises; and Mr. Belcher drank in her flatteries with supreme satisfaction. They comforted him. They were balm to his disappointments. They soothed his wounded vanity. They assured him of perfect trust where he most tenderly wanted it.
In the midst of these delightful confidences, they were interrupted. A servant appeared who told Mr. Belcher that there was a messenger at the door who wished to see him on urgent business. Mrs. Dillingham took the little book to hold while he went to the door. After a few minutes, he returned. It seemed that Phipps, who knew his master's habits, had directed the messenger to inquire for him at Mrs. Dillingham's house, and that his brokers were in trouble and desired his immediate presence in Wall street. The General was very much vexed with the interruption, but declared that he should be obliged to follow the messenger.
"Leave the little book until you come back," insisted Mrs. Dillingham, sweetly. "It will amuse me all day."
She held it to her breast with both hands, as if it were the sweetest treasure that had ever rested there.
"Will you take care of it?"
"Yes."
He seized her unresisting hand and kissed it.
"Between this time and dinner I shall be back. Then I must have it again," he said.
"Certainly."
Then the General retired, went to his house and found his carriage waiting, and, in less than an hour, was absorbed in raveling the snarled affairs connected with his recent disastrous speculation. The good nature engendered by his delightful interview with Mrs. Dillingham lasted all day, and helped him like a cordial.
The moment he was out of the house, and had placed himself beyond the possibility of immediate return, the lady called her servant, and told him that she should be at home to nobody during the day. No one was to be admitted but Mr. Belcher, on any errand whatsoever.
Then she went to her room, and looked the little book over at her leisure. There was no doubt about the business skill and method of the man who had made every entry. There was no doubt in her own mind that it was a private book, which no eye but that of its owner had ever seen, before it had been opened to her.
She hesitated upon the point of honor as to what she would do with it. It would be treachery to copy it, but it would be treachery simply against a traitor. She did not understand its legal importance, yet she knew it contained the most valuable information. It showed, in unmistakable figures, the extent to which Benedict had been wronged. Perfectly sure that it was a record of the results of fraud against a helpless man and a boy in whom her heart was profoundly interested, her hesitation was brief. She locked her door, gathered her writing materials, and, by an hour's careful and rapid work, copied every word of it.
After completing the copy, she went over it again and again, verifying every word and figure. When she had repeated the process to her entire satisfaction, and even to weariness, she took her pen, and after writing: "This is a true copy of the records of a book this day lent to me by Robert Belcher," she affixed the date and signed her name.
Then she carefully wrapped Mr. Belcher's book in a sheet of scented paper, wrote his name and the number and street of his residence upon it, and placed it in her pocket. The copy was consigned to a drawer and locked in, to be recalled and re-perused at pleasure.
She understood the General's motives in placing these records and figures in her hands. The leading one, of course, related to his standing with her. He wanted her to know how rich he was, how prudent he was, how invincible he was. He wanted her to stand firm in her belief in him, whatever rumors might be afloat upon the street. Beyond this, though he had made no allusion to it, she knew that he wanted the use of her tongue among his friends and enemies alike. She was a talking woman, and it was easy for her, who had been so much at home in the General's family, to strengthen his reputation wherever she might touch the public. He wanted somebody to know what his real resources were—somebody who could, from personal knowledge of his affairs, assert their soundness without revealing their details. He believed that Mrs. Dillingham would be so proud of the possession of his confidence, and so prudent in showing it, that his general business reputation, and his reputation for great wealth, would be materially strengthened by her. All this she understood, because she knew the nature of the man, and appreciated the estimate which he placed upon her.
Nothing remained for her that day but the dreaded return of Mr. Belcher. She was now more than ever at a loss to know how she should manage him. She had resumed, during her interview with him, her old arts of fascination, and seen how easily she could make him the most troublesome of slaves. She had again permitted him to kiss her hand. She had asked a favor of him and he had granted it. She had committed a breach of trust; and though she justified herself in it, she felt afraid and half ashamed to meet the man whom she had so thoroughly befooled. She was disgusted with the new intimacy with him which her own hand had invited, and heartily wished that the long game of duplicity were concluded.
The General found more to engage his attention than he had anticipated, and after a few hours' absence from the fascinations of his idol, he began to feel uneasy about his book. It was the first time it had ever left his hands. He grew nervous about it at last, and was haunted by a vague sense of danger. As soon, therefore, as it became apparent to him that a second call upon Mrs. Dillingham that day would be impracticable, he sent Phipps to her with a note apprising her of the fact, and asking her to deliver to him the little account-book he had left with her.
It was with a profound sense of relief that she handed it to the messenger, and realized that, during that day and evening at least, she should be free, and so able to gather back her old composure and self-assurance. Mr. Belcher's note she placed with her copy of the book, as her authority for passing it into other hands than those of its owner.
While these little things, which were destined to have large consequences, were in progress in the city, an incident occurred in the country, of no less importance in the grand out come of events relating to Mr. Belcher and his victim.
It will be remembered that after Mr. Belcher had been apprised by his agent at Sevenoaks that Mr. Benedict was undoubtedly alive, and that he had lived, ever since his disappearance, at Number Nine, he wrote to Sam Yates, putting profitable business into his hands, and that he also directed his agent to attach him, by all possible means, to the proprietor's interests. His motive, of course, was to shut the lawyer's mouth concerning the autograph letters he had furnished. He knew that Yates would remember the hints of forgery which he had breathed into his ear during their first interview in the city, and would not be slow to conclude that those autographs were procured for some foul purpose. He had been careful, from the first, not to break up the friendly relations that existed between them, and now that he saw that the lawyer had played him false, he was more anxious than ever to conciliate him.
Yates attended faithfully to the business intrusted to him, and, on reporting results to Mr. Belcher's agent, according to his client's directions, was surprised to find him in a very friendly and confidential mood, and ready with a proposition for further service. There were tangled affairs in which he needed the lawyer's assistance, and, as he did not wish to have the papers pertaining to them leave his possession, he invited Yates to his house, where they could work together during the brief evenings, when he would be free from the cares of the mill.
So, for two or three weeks, Sam Yates occupied Mr. Belcher's library—the very room in which that person was first introduced to the reader. There, under the shade of the old Seven Oaks, he worked during the day, and there, in the evening, he held his consultations with the agent.
One day, during his work, he mislaid a paper, and in his search for it, had occasion to examine the structure of the grand library table at which he wrote. The table had two sides, finished and furnished exactly alike, with duplicate sets of drawers opposite to each other. He pulled out one of these drawers completely, to ascertain whether his lost paper had not slipped through a crack and lodged beyond it. In reaching in, he moved, or thought he moved, the drawer that met him from the opposite side. On going to the opposite side, however, he found that he had not moved the drawer at all. He then pulled that out, and, endeavoring to look through the space thus vacated by both drawers, found that it was blocked by some obstacle that had been placed between them. Finding a cane in a corner of the room, he thrust it in, and pushed through to the opposite side a little secret drawer, unfurnished with a knob, but covered with a lid.
He resumed his seat, and held the little box in his hand. Before he had time to think of what he was doing, or to appreciate the fact that he had no right to open a secret drawer, he had opened it. It contained but one article, and that was a letter directed to Paul Benedict. The letter was sealed, so that he was measurably relieved from the temptation to examine its contents. Of one thing he felt sure: that if it contained anything prejudicial to the writer's interests—and it was addressed in the handwriting of Robert Belcher—it had been forgotten. It might be of great importance to the inventor. The probabilities were, that a letter which was deemed of sufficient importance to secrete in so remarkable a manner was an important one.
To Sam Yates, as to Mrs. Dillingham, with the little book in her hand, arose the question of honor at once. His heart was with Benedict. He was sure that Belcher had some foul purpose in patronizing himself, yet he went through a hard struggle before he could bring himself to the determination that Benedict and not Belcher should have the first handling of the letter. Although the latter had tried to degrade him, and was incapable of any good motive in extending patronage to him, he felt that he had unintentionally surrounded him with influences which had saved him from the most disgraceful ruin. He was at that very moment in his employ. He was eating every day the bread which his patronage provided.
After all, was he not earning his bread? Was he under any obligation to Mr. Belcher which his honest and faithful labor did not discharge? Mr. Belcher had written and addressed the letter. He would deliver it, and Mr. Benedict should decide whether, under all the circumstances, the letter was rightfully his. He put it in his pocket, placed the little box back in its home, replaced the drawers which hid it, and went on with his work.
Yates carried the letter around in his pocket for several days. He did not believe the agent knew either of the existence of the letter or the drawer in which it was hidden. There was, in all probability, no man but himself in the world who knew anything of the letter. If it was a paper of no importance to anybody, of course Mr. Belcher had forgotten it. If it was of great importance to Mr. Benedict, Mr. Belcher believed that it had been destroyed.
He had great curiosity concerning its contents, and determined to deliver it into Mr. Benedict's hand; so, at the conclusion of his engagement with Mr. Belcher's agent, he announced to his friends that he had accepted Jim Fenton's invitation to visit the new hotel at Number Nine, and enjoy a week of sport in the woods.
Before he returned, he became entirely familiar with the contents of the letter, and, if he brought it back with him on his return to Sevenoaks, it was for deposit in the post-office, directed to James Balfour in the handwriting of Paul Benedict.
The contents of this note were of such importance in the establishment of justice that Yates, still doubtful of the propriety of his act, was able to justify it to his conscience. Under the circumstances, it belonged to the man to whom it was addressed, and not to Mr. Belcher at all. His own act might be doubtful, but it was in the interest of fair dealing, and in opposition to the schemes of a consummate rascal, to whom he owed neither respect nor good-will. He would stand by it, and take the consequences of it.
Were Mrs. Dillingham and Sam Yates justifiable in their treachery to Mr. Belcher? A nice question this, in casuistry! Certainly they had done as they would have been done by, had he been in their circumstances and they in his. He, at least, who had tried to debauch both of them, could reasonably find no fault with them. Their act was the natural result of his own influence. It was fruit from seeds of his own sowing. Had he ever approached them with a single noble and unselfish motive, neither of them could have betrayed him.
CHAPTER XXV.
IN WHICH THE GENERAL GOES THROUGH A GREAT MANY TRIALS AND MEETS AT LAST THE ONE HE HAS SO LONG ANTICIPATED.
The fact that the General had deposited the proceeds of his foreign sales of arms with a European banking house, ostensibly subject to draft for the materials of his manufactures, has already been alluded to. This deposit had been augmented by subsequent sales, until it amounted to an imposing sum, which Mrs. Dillingham ascertained, from the little account-book, to be drawing a low rate of interest. With the proprietor, this heavy foreign deposit was partly a measure of personal safety, and partly a measure of projected iniquity. He had the instinct to provide against any possible contingencies of fortune or crime.
Two or three days after his very agreeable call upon Mrs. Dillingham, he had so far mastered his difficulties connected with the International Mail that he could find time for another visit, to which he had looked forward with eager anticipation.
"I was very much interested in your little book, Mr. Belcher," said the lady, boldly.
"The General is one of the ablest of our native authors, eh?" responded that facetious person, with a jolly laugh.
"Decidedly," said Mrs. Dillingham, "and so very terse and statistical."
"Interesting book, wasn't it?"
"Very! And it was so kind of you, General, to let me see how you men manage such things!"
"We men!" and the General shrugged his shoulders.
"One man, then," said the lady, on seeing that he was disposed to claim a monopoly in the wisdom of business.
"Do you remember one little item—a modest little item—concerning my foreign deposits? Eh?"
"Little item, General! What are you doing with so much money over there?"
"Nothing, or next to nothing. That's my anchor to windward."
"It will hold," responded the lady, "if weight is all that's needed."
"I intend that it shall hold, and that it shall be larger before it is smaller."
"I don't understand it;" and Mrs. Dillingham shook her pretty head.
Mr. Belcher sat and thought. There was a curious flush upon his face, as he raised his eyes to hers, and looked intensely into them, in the endeavor to read the love that hid behind them. He was desperately in love with her. The passion, a thousand times repelled by her, and a thousand times diverted by the distractions of his large affairs, had been raised to new life by his last meeting with her; and the determinations of his will grew strong, almost to fierceness. He did not know what to say, or how to approach the subject nearest to his heart. He had always frightened her so easily; she had been so quick to resent any approach to undue familiarity; she had so steadily ignored his insinuations, that he was disarmed.
"What are you thinking about, General?"
"You've never seen me in one of my trances, have you?" inquired Mr. Belcher, with trembling lips and a forced laugh.
"No! Do you have trances?"
"Trances? Yes; and visions of the most stunning character. Talbot has seen me in two or three of them."
"Are they dangerous?"
"Not at all. The General's visions are always of a celestial character,—warranted not to injure the most delicate constitution! I feel one of them coming on now. Don't disturb me."
"Shall I fan you?"
"Do, please!"
The General closed his eyes. He had never before betrayed such excitement in her presence, and had never before appeared so dangerous. While she determined that this should be her last exposure to his approaches, she maintained her brave and unsuspecting demeanor, and playfully waved her fan toward him.
"I behold," said the General, "a business man of great ability and great wealth, who discovers too late that his wife is unequally yoked with an unbeliever. Love abides not in his home, and his heart is afloat on the fierce, rolling sea. He leaves his abode in the country, and seeks in the tumultuous life of the metropolis to drown his disappointments. He there discovers a beautiful woman, cast in Nature's finest mould, and finds himself, for the first time, matched. Gently this heavenly creature repels him, though her heart yearns toward him with unmistakable tenderness. She is a prudent woman. She has a position to maintain. She is alone. She is a friend to the wife of this unfortunate gentleman. She is hindered in many ways from giving rein to the impulses of her heart. This man of wealth deposits a magnificent sum in Europe. This lady goes thither for health and amusement, and draws upon this sum at will. She travels from capital to capital, or hides herself in Alpine villages, but is found at last by him who has laid his wealth at her feet."
The General revealed his vision with occasional glances through half-closed eyes at the face that hung bowed before him. It was a desperate step, but he had determined to take it when he entered the house. Humiliated, tormented, angry, Mrs. Dillingham sat before him, covering from his sight as well as she could the passion that raged within her. She knew that she had invited the insult. She was conscious that her treatment of him, from the first, though she had endeavored to change her relations with him without breaking his friendship, had nursed his base passion and his guilty purpose. She was undergoing a just punishment, and acknowledged to herself the fact. Once she would have delighted in tormenting him. Once she would not have hesitated to drive him from her door. Once—but she was changed. A little boy who had learned to regard her as a mother, was thinking of her in the distant woods. She had fastened to that childish life the hungry instincts of her motherly nature. She had turned away forever from all that could dishonor the lad, or hinder her from receiving his affection without an upbraiding conscience.
Mr. Belcher's instincts were quick enough to see that his vision had not prospered in the mind to which he had revealed it; and yet, there was a hesitation in the manner of the woman before him which he could not explain to himself, if he admitted that his proposition had been wholly offensive. Mrs. Dillingham's only wish was to get him out of the house. If she could accomplish this without further humiliation, it was all she desired.
"General," she said, at last, "You must have been drinking. I do not think you know what you have said to me."
"On the contrary, I am perfectly sober," said he, rising and approaching her.
"You must not come near me. Give me time! give me time!" she exclaimed, rising and retreating.
Mr. Belcher was startled by the alarmed and angry look in her eyes. "Time!" he said, fiercely; "Eternity, you mean."
"You pretend to care for me, and yet you disobey what you know to be my wish. Prove your friendship by leaving me. I wish to be alone."
"Leave you, with not so much as the touch of your hand?" he said.
"Yes."
The General turned on his heel, took up his hat, paused at the door as if hesitating what to do; then, without a word, he went down stairs and into the street, overwhelmed with self-pity. He had done so much, risked so much, and accomplished so little! That she was fond of him there was no question in his own mind; but women were so different from men! Yet the villain knew that if she had been easily won his heart would have turned against her. The prize grew more precious, through the obstacles that came between him and its winning. The worst was over, at least; she knew his project; and it would all come right in time!
As soon as he was out of the house, Mrs. Dillingham burst into a fit of uncontrollable weeping. She had passed through the great humiliation of her life. The tree which she had planted and nursed through many years of unworthy aims had borne its natural fruit. She groaned under the crushing punishment. She almost cursed herself. Her womanly instincts were quick to apprehend the fact that only by her own consent or invitation, could any man reach a point so near to any woman that he could coolly breathe in her ear a base pro position. Yet, with all her self-loathing and self-condemnation, was mingled a hatred of the vile man who had insulted her, which would have half killed him had it been possible for him to know and realize it.
After her first passion had passed away, the question concerning her future came up for settlement. She could not possibly remain near Mr. Belcher. She must not be exposed to further visits from him. The thought that in the little account-book which she had copied there was a record that covered a design for her own destruction, stung her to the quick. What should she do? She would consult Mr. Balfour.
She knew that on that evening Mr. Belcher would not be at home, that after the excitements and disappointments of that day he would seek for solace in any place but that which held his wife and children. So, muffled in a slight disguise, and followed by her servant, she stole out of her house during the evening, and sought the house of the lawyer. To him she poured out her heart. To him she revealed all that had passed between her and the proprietor, and to him she committed the care of the precious document of which she had possessed herself, and the little note that accompanied it.
Mr. Balfour advised her to leave the city at once, and to go to some place where Mr. Belcher would not be able to find her. He knew of no place so fit for her in every respect as Number Nine, with his own family and those most dear to her. Her boy and his father were there; it was health's own home; and she could remain away as long as it might be necessary. She would be wanted as a witness in a few months, at furthest, in a suit which he believed would leave her persecutor in a position where, forgetting others, he would be absorbed in the effort to take care of himself.
Her determination was taken at once. Mr. Balfour accompanied her home, and gave her all the necessary directions for her journey; and that night she packed a single trunk in readiness for it. In the morning, leaving her house to the care of trusty servants, she rode to the station, while Mr. Belcher was lolling feverishly in his bed, and in an hour was flying northward toward the place that was to be her summer home, and into a region that was destined to be associated with her future life, through changes and revolutions of which she did not dream.
After her thirty-six hours of patient and fatiguing travel the company at Jim Fenton's hotel, eager for letters from the city, stood on the bank of the river, waiting the arrival of the guide who had gone down for the mail, and such passengers as he might find in waiting. They saw, as he came in sight, a single lady in the stern of the little boat, deeply veiled, whose name they could not guess. When she debarked among them, and looked around upon the waiting and curious group, Harry was the first to detect her, and she smothered him with kisses. Mr. Benedict stood pale and trembling. Harry impulsively led her toward him, and in a moment they were wrapped in a tender embrace. None but Mrs. Balfour, of all who were present, understood the relation that existed between the two, thus strangely reunited; but it soon became known, and the little romance added a new charm to the life in the woods.
It would be pleasant to dwell upon the happy days and the pleasant doings of the summer that followed—the long twilights that Mr. Benedict and Mrs. Dillingham spent upon the water, their review of the events of the past, the humble confessions of the proud lady, the sports and diversions of the wilderness, and the delights of society brought by circumstances into the closest sympathy. It would be pleasant to remain with Jim and "the little woman," in their new enterprise and their new house-keeping; but we must return to the city, to follow the fortunes of one who, if less interesting than those we leave behind, is more important in the present stage and ultimate resolution of our little drama.
Soon after Mrs. Dillingham's departure from the city, Mr. Belcher missed her. Not content with the position in which he had left his affairs with her, he called at her house three days after her disappearance, and learned that the servants either did not know or would not tell whither she had gone. In his blind self-conceit, he could not suppose that she had run away from him. He could not conclude that she had gone to Europe, without a word of her purpose breathed to him. Still, even that was possible. She had hidden somewhere, and he should hear from her. Had he frightened her? Had he been too precipitate? Much as he endeavored to explain her sudden disappearance to his own advantage, he was left unsatisfied and uneasy.
A few days passed away, and then he began to doubt. Thrown back upon himself, deprived of the solace of her society, and released from a certain degree of restraint that she had always exercised upon him, he indulged more freely in drink, and entered with more recklessness upon the excitements of speculation.
The General had become conscious that he was not quite the man that he had been. His mind was darkened and dulled by crime. He was haunted by vague fears and apprehensions. With his frequent and appalling losses of money, he had lost a measure of his faith in himself. His coolness of calculation had been diminished; he listened with readier credulity to rumors, and yielded more easily to the personal influences around him. Even the steady prosperity which attended his regular business became a factor in his growing incapacity for the affairs of the street. His reliance on his permanent sources of income made him more reckless in his speculations.
His grand scheme for "gently" and "tenderly" unloading his Crooked Valley stock upon the hands of his trusting dupes along the line, worked, however, to perfection. It only required rascality, pure and simple, under the existing conditions, to accomplish this scheme, and he found in the results nothing left to be desired. They furnished him with a capital of ready money, but his old acquaintances discovered the foul trick he had played, and gave him a wide berth. No more gigantic combinations were possible to him, save with swindlers like himself, who would not hesitate to sacrifice him as readily and as mercilessly as he had sacrificed his rural victims.
Mrs. Dillingham had been absent a month when he one day received a polite note from Mr. Balfour, as Paul Benedict's attorney, requesting him, on behalf of his principal, to pay over to him an equitable share of the profits upon his patented inventions, and to enter into a definite contract for the further use of them.
The request came in so different a form from what he had anticipated, and was so tamely courteous, that he laughed over the note in derision. "Milk for babes!" he exclaimed, and laughed again. Either Balfour was a coward, or he felt that his case was a weak one. Did he think the General was a fool?
Without taking the note to Cavendish, who had told him to bring ten thousand dollars when he came again, and with' out consulting anybody, he wrote the following note in answer:—
"To James Balfour, Esq.:
"Your letter of this date received, and contents noted. Permit me to say in reply:
"1st. That I have no evidence that you are Paul Benedict's attorney.
"2d. That I have no evidence that Paul Benedict is living, and that I do not propose to negotiate in any way, on any business, with a fraud, or a man of straw.
"3d. That I am the legal assignee of all the patents originally issued to Paul Benedict, which I have used and am now using. I hold his assignment in the desk on which I write this letter, and it stands duly recorded in Washington, though, from my ignorance of the law, it has only recently been placed upon the books in the Patent Office.
"Permit me to say, in closing, that, as I bear you no malice, I will show you the assignment at your pleasure, and thus relieve you from the danger of entering upon a conspiracy to defraud me of rights which I propose, with all the means at my disposal, to defend.
"Yours, ROBERT BELCHER."
Mr. Belcher read over this letter with great satisfaction. It seemed to him very dignified and very wise. He had saved his ten thousand dollars for a while, at least, and bluffed, as he sincerely believed, his dreaded antagonist.
Mr. Balfour did more than to indulge in his professional smile, over the frank showing of the General's hand, and the voluntary betrayal of his line of defence. He filed away the note among the papers relating to the case, took his hat, walked across the street, rang the bell, and sent up his card to Mr. Belcher. That self-complacent gentleman had not expected this visit, although he had suggested it. Instead, therefore, of inviting Mr. Balfour to his library, he went down to the drawing-room, where he found his visitor, quietly sitting with his hat in his hand. The most formal of courtesies opened the conversation, and Mr. Balfour stated his business at once. "You were kind enough to offer to show me the assignment of Mr. Benedict's patents," he said. "I have called to see it."
"I've changed my mind," said the General.
"Do you suspect me of wishing to steal it?" inquired Mr. Balfour.
"No, but the fact is, I wrote my note to you without consulting my lawyer."
"I thought so," said Mr. Balfour. "Good-day, sir."
"No offence, I hope," said Mr. Belcher, with a peculiar toss of the head, and a laugh.
"Not the least," said the lawyer, passing out of the door.
The General felt that he had made a mistake. He was in the habit of making mistakes in those days. The habit was growing upon him. Indeed, he suspected that he had made a mistake in not boldly exhibiting his assignment. How to manage a lie, and not be managed by it, was a question that had puzzled wiser heads than that of the General. He found an egg in his possession that he was not ready to eat, though it was too hot to be held long in either hand, and could not be dropped without disaster.
For a week, he was haunted with the expectation of a suit, but it was not brought, and then he began to breathe easier, and to feel that something must be done to divert his mind from the subject. He drank freely, and was loud-mouthed and blustering on the street. Poor Talbot had a hard time, in endeavoring to shield him from his imprudences. He saw that his effort to make his principal "last" was not likely to be successful.
Rallied by his "friends" on his ill luck, the General declared that he only speculated for fun. He knew what he was about. He never risked any money that he could not afford to lose. Everybody had his amusement, and this was his.
He was secure for some months in his seat as President of the Crooked Valley Railroad, and calculated, of course, on buying back his stock in his own time, at his own price. In the meantime, he would use his position for carrying on his private schemes.
The time came at last when he wanted more ready money. A grand combination had been made, among his own unprincipled set, for working up a "corner" in the Muscogee Air Line, and he had been invited into it. He was flattered by the invitation, and saw in it a chance for redeeming his position, though, at bottom, the scheme was one for working up a corner in Robert Belcher.
Under the plea that he expected, at no distant day, to go to Europe, for rest and amusement, he mortgaged his house, in order, as he declared, that he might handle it the more easily in the market. But Wall street knew the fact at once, and made its comments. Much to the proprietor's disgust, it was deemed of sufficient importance to find mention in the daily press.
But even the sum raised upon his house, united with that which he had received from unloading his Crooked Valley stock, was not sufficient to give him the preponderance in the grand combination which he desired.
He still held a considerable sum in Crooked Valley bonds, for these were valuable. He had already used these as collaterals, in the borrowing of small sums at short time, to meet emergencies in his operations. It was known by money-lenders that he held them. Now the General was the manufacturer of these bonds. The books of the corporation were under his control, and he intended that they should remain so. It was very easy for him to make an over-issue, and hard for him to be detected in his fraud, by any one who would be dangerous to him. The temptation to make this issue was one which better men than he had yielded to in a weak moment, and, to the little conscience which he possessed, the requisite excuses were ready. He did not intend that any one should lose money by these bonds. He only proposed a temporary relief to himself. So he manufactured the bonds, and raised the money he wanted.
Meantime, the members of the very combination in which he had engaged, having learned of his rascally operation with the stock, were secretly buying it back from the dupes along the road, at their own figures, with the purpose of ousting him from the management, and taking the road to themselves. Of this movement he did not learn, until it was too late to be of use to him.
It was known, in advance, by the combination, that the working up of the corner in Muscogee Air Line would be a long operation. The stock had to be manipulated with great care, to avoid exciting a suspicion of the nature of the scheme, and the General had informed the holders of his notes that it might be necessary for him to renew them before he should realize from his operations. He had laid all his plans carefully, and looked forward with an interest which none but he and those of his kind could appreciate, to the excitements, intrigues, marches and counter-marches of the mischievous campaign.
And then came down upon him the prosecution which he had so long dreaded, and for which he had made the only preparation consistent with his greedy designs. Ten thousand dollars of his ready money passed at once into the hands of Mr. Cavendish, and Mr. Cavendish was satisfied with the fee, whatever may have been his opinion of the case. After a last examination of his forged assignment, and the putting of Phipps to an exhaustive and satisfactory trial of his memory with relation to it, he passed it into the lawyer's hands, and went about his business with uncomfortable forebodings of the trial and its results.
It was strange, even to him, at this point of his career, that he felt within himself no power to change his course. No one knew better than he, that there was money enough in Benedict's inventions for both inventor and manufacturer. No one knew better than he, that there was a prosperous course for himself inside the pale of equity and law, yet he found no motive to walk there. For the steps he had taken, there seemed no retreat. He must go on, on, to the end. The doors that led back to his old life had closed behind him. Those which opened before were not inviting, but he could not stand still. So he hardened his face, braced his nerves, stiffened his determination, and went on.
Of course he passed a wretched summer. He had intended to get away for rest, or, rather, for an exhibition of himself and his equipage at Newport, or Saratoga, or Long Branch; but through all the burning days of the season he was obliged to remain in the city, while other men were away and off their guard, to watch his Wall street operations, and prepare for the coup de grace by which he hoped to regain his lost treasure and his forfeited position. The legal trial that loomed up before him, among the clouds of autumn, could not be contemplated without a shiver, and a sinking of the heart. His preparations for it were very simple, as they mainly related to the establishment of the genuineness of his assignment.
The months flew away more rapidly with the proprietor than with any of the other parties interested in the suit, and when, at last, only a fortnight was wanting to the time of the expected trial, Mr. Balfour wrote to Number Nine, ordering his family home, and requiring the presence of Mr. Benedict, Mrs. Dillingham, Harry and Jim.
Just at this time, the General found himself in fresh difficulty. The corner in Muscogee Air Line, was as evasive as a huckleberry in a mouth bereft of its armament. Indeed, to use still further the homely but suggestive figure, the General found that his tongue was in more danger than his huckleberry. His notes, too, secured by fraudulent collaterals, were approaching a second and third maturity. He was without ready money for the re-purchase of his Crooked Valley stock, and had learned, in addition, that the stock had already changed hands, in the execution of a purpose which he more than suspected. Large purchases of material for the execution of heavy contracts in his manufactures had drained his ready resources, in the department of his regular business. He was getting short, and into a tight place. Still he was desperate, and determined to sacrifice nothing.
Mr. Benedict and Jim, on their arrival in the city, took up their residence in Mrs. Dillingham's house, and the landlord of Number Nine spent several days in making the acquaintance of the city, under the guidance of his old companion, who was at home. Jim went through a great mental convulsion. At first, what seemed to him the magnitude of the life, enterprise and wealth of the city, depressed him. He declared that he "had ben growin' smaller an' smaller every minute" since he left Sevenoaks. "I felt as if I'd allers ben a fly, crawlin' 'round on the edge of a pudden," he said, when asked whether he enjoyed the city. But before the trial came on, he had fully recovered his old equanimity. The city grew smaller the more he explored it, until, when compared with the great woods, the lonely rivers, and the broad solitudes in which he had spent his life, it seemed like a toy; and the men who chaffered in the market, and the women who thronged the avenues, or drove in the park, or filled the places of amusement, came to look like children, engaged in frolicsome games. He felt that people who had so little room to breathe in must be small; and before the trial brought him into practical contact with them, he was himself again, and quite ready to meet them in any encounter which required courage or address.
CHAPTER XXVI.
IN WHICH THE CASE OF "BENEDICT VS. BELCHER" FINDS ITSELF IN COURT, AN INTERESTING QUESTION OF IDENTITY IS SETTLED, AND A MYSTERIOUS DISAPPEARANCE TAKES PLACE.
"OYEZ! Oyez! All-persons-having-business-to-do-with-the -Circuit-Court-of-the-United-States-for-the-Southern-District-of -New-York,-draw-near,-give-your-attention,-and-you-shall-be-heard."
"That's the crier," whispered Mr. Benedict to Jim.
"What's the matter of 'im?" inquired the latter.
"That's the way they open the court."
"Well, if he opens it with cryin', he'll have a tough time a shuttin' on it," responded Jim, in a whisper so loud that he attracted attention.
There within the bar sat Mr. Balfour, calmly examining his papers. He looked up among the assembled jurors, witnesses and idlers, and beckoned Benedict to his side. There sat Robert Belcher with his counsel. The great rascal was flashily dressed, with a stupendous show of shirt-front, over which fell, down by the side of the diamond studs, a heavy gold chain. Brutality, vulgarity, self-assurance and an over-bearing will, all expressed themselves in his broad face, bold eyes and heavy chin. Mr. Cavendish, with his uneasy scalp, white hands, his scornful lips and his thin, twitching nostrils, looked the very impersonation of impatience and contempt. If the whole court-room had been thronged with vermin instead of human beings, among which he was obliged to sit, he could not have appeared more disgusted. Quite retired among the audience, and deeply veiled, sat Mrs. Dillingham. Mr. Belcher detected her, and, though he could not see her face, felt that he could not be mistaken as to her identity. Why was she there? Why, but to notice the progress and issue of the trial, in her anxiety for him? He was not glad to see her there.
He beckoned for Phipps, who sat uneasily, with a scared look upon his face, among the crowd.
"Is that Mrs. Dillingham?" he asked in a whisper.
Phipps assured him that it was. Then Mr. Belcher wrote upon his card the words: "Do not, for my sake, remain in this room."
"Give this to her," he said to his servant.
The card was delivered, but the lady, quite to his surprise, did not stir. He thought of his little book, but it seemed impossible that his idol, who had so long been hidden from his sight and his knowledge, could betray him.
A jury was empanneled, the case of Benedict vs. Belcher was called, and the counsel of both parties declared themselves ready for the trial.
The suit was for damages, in the sum of half a million dollars, for the infringement of patents on machines, implements and processes, of which it was declared that the plaintiff was the first and only inventor. The answer to the complaint alleged the disappearance and death of Benedict, and declared the plaintiff to be an impostor, averred the assignment of all the patents in question to the defendant, and denied the profits.
The judge, set somewhat deep in his shirt-collar, as if his head and his heart were near enough together to hold easy communication, watched the formal proceedings listlessly, out of a pair of pleasant eyes, and when they were completed, nodded to Mr. Balfour, in indication that he was ready to proceed.
Mr. Balfour, gathering his papers before him, rose to make the opening for the prosecution.
"May it please the Court," he said, "and gentlemen of the jury, I have to present to you a case, either issue of which it is not pleasant for me to contemplate. Either my client or the defendant will go out of this court, at the conclusion of this case, a blackened man; and, as I have a warm friendship for one of them, and bear no malice to the other, I am free to confess that, while I seek for justice, I shrink from the results of its vindication."
Mr. Cavendish jumped up and interjected spitefully: "I beg the gentleman to spare us his hypothetical sentiment. It is superfluous, so far as my client is concerned, and offensive."
Mr. Balfour waited calmly for the little explosion and the clearing away of the smoke, and then resumed. "I take no pleasure in making myself offensive to the defendant and his counsel," said he, "but, if I am interrupted, I shall be compelled to call things by their right names, and to do some thing more than hint at the real status of this case. I see other trials, in other courts, at the conclusion of this action,—other trials with graver issues. I could not look forward to them with any pleasure, without acknowledging myself to be a knave. I could not refrain from alluding to them, without convicting myself of carelessness and frivolity. Something more than money is involved in the issue of this action. Either the plaintiff or the defendant will go out of this court wrecked in character, blasted in reputation, utterly ruined. The terms of the bill and the answer determine this result."
Mr. Cavendish sat through this exordium as if he sat on nettles, but wisely held his tongue, while the brazen-faced proprietor leaned carelessly over, and whispered to his counsel. Phipps, on his distant seat, grew white around the lips, and felt that he was on the verge of the most serious danger of his life.
"The plaintiff, in this case," Mr. Balfour went on, "brings an action for damages for the infringement of various patent rights. I shall prove to you that these patents were issued to him, as the first and only inventor; that he has never assigned them to any one; that they have been used by the defendant for from seven to ten years, to his great profit; that he is using them still without a license, and without rendering a just consideration for them. I shall prove to you that the defendant gained his first possession of these inventions by a series of misrepresentations, false promises, oppressions and wrongs, and has used them without license in consequence of the weakness, illness, poverty and defencelessness of their rightful owner. I shall prove to you that their owner was driven to insanity by these perplexities and the persecutions of the defendant, and that even after he became insane, the defendant tried to secure the execution of the assignment which he had sought in vain during the sanity of the patentee.
"I will not characterize by the name belonging to it the instrument which is to be presented in answer to the bill filed in this case, further than to say that it has no legal status whatsoever. It is the consummate fruit of a tree that was planted in fraud; and if I do not make it so to appear, before the case is finished, I will beg pardon of the court, of you, gentlemen of the jury, and especially of the defendant and his honorable counsel. First, therefore, I offer in evidence certified copies of the patents in question."
Mr. Balfour read these documents, and they were examined both by Mr. Cavendish and the court.
The name of Paul Benedict was then called, as the first witness.
Mr. Benedict mounted the witness stand. He was pale and quiet, with a pink tinge on either cheek. He had the bearing and dress of a gentleman, and contrasted strangely with the coarse, bold man to whom he had been indebted for so many wrongs and indignities. He was at last in the place to which he had looked forward with so much dread, but there came to him a calmness and a self-possession which he had not anticipated. He was surrounded by powerful friends. He was menaced, too, by powerful enemies, and all his manhood was roused.
"What is your name?" asked Mr. Balfour.
"Paul Benedict."
"Where were you born?"
"In the city of New York."
"Are you the inventor of the machines, implements and processes named in the documents from the Patent Office which have just been read in your hearing?"
"I am, sir."
"And you are the only owner of all these patent rights?"
"I am, sir."
"What is your profession?"
"I was trained for a mechanical engineer."
"What has been your principal employment?"
"Invention."
"When you left New York, whither did you go?"
"To Sevenoaks."
"How many years ago was that?"
"Eleven or twelve, I suppose."
"Now I want you to tell to the Court, in a plain, brief way, the history of your life in Sevenoaks, giving with sufficient detail an account of all your dealings with the defendant in this case, so that we may perfectly understand how your inventions came into Mr. Belcher's hands, and why you have never derived any benefit from them."
It was a curious illustration of the inventor's nature that, at this moment, with his enemy and tormentor before him, he shrank from giving pain. Mr. Cavendish noticed his hesitation, and was on his feet in an instant. "May it please the court," said he, "there is a question concerning identity that comes up at this point, and I beg the privilege of asking it here."
The judge looked at Mr. Balfour, and the latter said: "Certainly."
"I would like to ask the witness," said Mr. Cavendish, "whether he is the Paul Benedict who left the city about the time at which he testifies that he went away, in consequence of his connection with a band of counterfeiters. Did you, sir, invent their machinery, or did you not?"
"I did not," answered the witness—his face all aflame. The idea that he could be suspected, or covertly charged, with crime, in the presence of friends and strangers, was so terrible that the man tottered on his feet.
Mr. Cavendish gave a significant glance at his client, whose face bloomed with a brutal smile, and then sat down.
"Is that all?" inquired Mr. Balfour.
"All, for the present," responded Mr. Cavendish, sneeringly, and with mock courtesy.
"May it please the Court," said Mr. Balfour, "I hope I may be permitted to say that the tactics of the defendant are worthy of his cause." Then turning to Mr. Benedict, he said, "I trust the witness will not be disturbed by the insult that has been gratuitously offered him, and will tell the history which I have asked him to tell."
Mr. Cavendish had made a mistake. At this insult, and the gratification which it afforded Mr. Belcher, the inventor's pity died out of him, and he hardened to his work.
"When I went to Sevenoaks," said he, "I was very poor, as I have always been since. I visited Mr. Belcher's mill, and saw how great improvements could be made in his machines and processes; and then I visited him, and told him what I could do for him. He furnished me with money for my work, and for securing the patents on my inventions, with the verbal promise that I should share in such profits as might accrue from their use. He was the only man who had money; he was the only man who could use the inventions; and he kept me at work, until he had secured everything that he wished for. In the meantime, I suffered for the lack of the necessaries of life, and was fed from day to day, and month to month, and year to year, on promises. He never rendered me any returns, declared that the patents were nearly useless to him, and demanded, as a consideration for the money he had advanced to me, the assignment of all my patents to him. My only child was born in the midst of my early trouble, and such were the privations to which my wife was subjected that she never saw a day of health after the event. She died at last, and in the midst of my deepest troubles, Mr. Belcher pursued me with his demands for the assignment of my patents. He still held me to him by the bestowal of small sums, which necessity compelled me to accept. He always had a remarkable power over me, and I felt that he would lead me to destruction. I saw the hopes of years melting away, and knew that in time he would beat down my will, and, on his own terms, possess himself of all the results of my years of study and labor. I saw nothing but starvation before me and my child, and went down into a horror of great darkness."
A cold shiver ran over the witness, and his face grew pale and pinched, at this passage of his story. The court-house was as still as midnight. Even the General lost his smile, and leaned forward, as if the narration concerned some monster other than himself.
"What then?" inquired Mr. Balfour.
"I hardly know. Everything that I remember after that was confused and terrible. For years I was insane. I went to the hospital, and was there supported by Mr. Belcher. He even followed me there, and endeavored to get my signature to an assignment, but was positively forbidden by the superintendent of the asylum. Then, after being pronounced incurable, I was sent back to the Sevenoaks alms-house, where, for a considerable time, my boy was also kept; and from that horrible place, by the aid of a friend, I escaped. I remember it all as a long dream of torture. My cure came in the woods, at Number Nine, where I have ever since lived, and where twice I have been sought and found by paid emissaries of Mr. Belcher, who did not love him well enough to betray me. And, thanks to the ministry of the best friends that God ever raised up to a man, I am here to-day to claim my rights."
"These rights," said Mr. Balfour, "these rights which you hold in your patented inventions, for all these years used by the defendant, you say you have never assigned."
"Never."
"If an assignment executed in due form should be presented to you, what should you say?"
"I object to the question," said Mr. Cavendish, leaping to his feet. "The document has not yet been presented to him."
"The gentleman is right," said Mr. Balfour; "the witness has never seen it. I withdraw the question; and now tell me what you know about Mr. Belcher's profits on the use of these inventions."
"I cannot tell much," replied Mr. Benedict. "I know the inventions were largely profitable to him; otherwise he would not have been so anxious to own them. I have never had access to his books, but I know he became rapidly rich on his manufactures, and that, by the cheapness with which he produced them, he was able to hold the market, and to force his competitors into bankruptcy."
"May it please the Court," said Mr. Balfour, "I am about done with this witness, and I wish to say, just here, that if the defendant stands by his pleadings, and denies his profits, I shall demand the production of his books in Court. We can get definite information from them, at least." Then bowing to Mr. Benedict, he told him that he had no further questions to ask.
The witness was about to step down, when the Judge turned to Mr. Cavendish, with the question: "Does the counsel for the defendant wish to cross-examine the witness?"
"May it please the Court," said Mr. Cavendish rising, "the counsel for the defense regards the examination so far simply as a farce. We do not admit that the witness is Paul Benedict, at all—or, rather, the Paul Benedict named in the patents, certified copies of which are in evidence. The Paul Benedict therein named, has long been regarded as dead. This man has come and gone for months in Sevenoaks, among the neighbors of the real Paul Benedict, unrecognized. He says he has lived for years within forty miles of Sevenoaks, and at this late day puts forward his claims. There is nobody in Court, sir. We believe the plaintiff to be a fraud, and this prosecution a put-up job. In saying this, I would by no means impugn the honor of the plaintiff's counsel. Wiser men than he have been deceived and duped, and he may be assured that he is the victim of the villainies or the hallucinations of an impostor. There are men in this room, ready to testify in this case, who knew Paul Benedict during all his residence in Sevenoaks; and the witness stands before them at this moment unrecognized and unknown. I cannot cross-examine the witness, without recognizing his identity with the Paul Benedict named in the patents. There is nothing but a pretender in Court, may it please your honor, and I decline to have anything to do with him."
Mr. Cavendish sat down, with the air of a man who believed he had blasted the case in the bud, and that there was nothing left to do but to adjourn.
"It seems to the Court, gentlemen," said the judge in a quiet tone, "that this question of identity should be settled as an essential preliminary to further proceedings."
"May it please your honor," said Mr. Balfour, rising, "I did not suppose it possible, after the plaintiff had actually appeared in court, and shown himself to the defendant, that this question of identity would be mooted or mentioned. The defendant must know that I have witnesses here—that I would not appear here without competent witnesses—who will place his identity beyond question. It seems, however, that this case is to be fought inch by inch, on every possible ground. As the first witness upon this point, I shall call for James Fenton."
"Jest call me Jim," said the individual named, from his distant seat.
"James Fenton" was called to the stand, and Mr. Benedict stepped down. Jim advanced through the crowd, his hair standing very straight in the air, and his face illumined by a smile that won every heart in the house, except those of the defendant and his counsel. A war-horse going into battle, or a hungry man going to his dinner, could not have manifested more rampant alacrity.
"Hold up your right hand," said the clerk.
"Sartin," said Jim. "Both on 'em if ye say so."
"You solemnly swear m-m-m-m-m-m-m-m-so help you God!"
"I raally wish, if ye ain't too tired, that ye'd say that over agin," said Jim. "If I'm a goin' to make a Happy David, I want to know what it is."
The clerk hesitated, and the judge directed him to repeat the form of the oath distinctly. When this was done, Jim said: "Thank ye; there's nothin' like startin' squar."
"James Fenton," said Mr. Balfour, beginning a question.
"Jest call me Jim: I ain't no prouder here nor I be at Number Nine," said the witness.
"Very well, Jim," said Mr. Balfour smiling, "tell us who you are."
"I'm Jim Fenton, as keeps a hotel at Number Nine. My father was an Englishman, my mother was a Scotchman, I was born in Ireland, an' raised in Canady, an' I've lived in Number Nine for more nor twelve year, huntin', trappin' an' keepin' a hotel. I hain't never ben eddicated, but I can tell the truth when it's necessary, an' I love my friends an' hate my enemies."
"May it please the Court," said Mr. Cavendish with a sneer, "I beg to suggest to the plaintiff's counsel that the witness should be required to give his religious views."
Mr. Belcher laughed, and Mr. Cavendish sniffed his lips, as if they had said a good thing.
"Certainly," responded Mr. Balfour. "What are your religious views, Jim?"
"Well," said Jim, "I hain't got many, but I sh'd be s'prised if there wasn't a brimstone mine on t'other side, with a couple o' picks in it for old Belcher an' the man as helps 'im."
The laugh was on Mr. Cavendish. The Court smiled, the audience roared, and order was demanded.
"That will do," said Mr. Cavendish. "The religious views of the witness are definite and satisfactory."
"Jim, do you know Paul Benedict?" inquired Mr. Balfour.
"Well, I do," said Jim. "I've knowed 'im ever sence he come to Sevenoaks."
"How did you make his acquaintance?"
"He used to come into the woods, fishin' an' huntin'. Him an' me was like brothers. He was the curisest creetur I ever seen, an' I hope he takes no 'fense in hearin' me say so. Ye've seen his tackle, Mr. Balfour, an' that split bamboo o' his, but the jedge hasn't seen it. I wish I'd brung it along. Fond of fishin', sir?" And Jim turned blandly and patronizingly to the Court.
The Judge could not repress a little ripple of amusement, which, from a benevolent mouth, ran out over his face. Biting his lips, he said: "The witness had better be confined to the matter in hand."
"An' Jedge—no 'fense—but I like yer looks, an' if ye'll come to Number Nine—it's a little late now—I'll"—
Mr. Cavendish jumped up and said fiercely: "I object to this trifling."
"Jim," said Mr. Balfour, "the defendant's counsel objects to your trifling. He has a right to do so, particularly as he is responsible for starting it. Now tell me whether the Paul Benedict you knew was the only man of the name who has lived in Sevenoaks since you have lived in Number Nine?"
"He was the only one I ever hearn on. He was the one as invented Belcher's machines, any way. He's talked about 'em with me a thousand times."
"Is he in the room?"
"Mostly," said Jim, with his bland smile.
"Give me a direct answer, now."
"Yis, he's in this room, and he's a settin' there by you, an' he's been a stannin' where I stan' now."
"How do you know that this is the same man who used to visit you in the woods, and who invented Mr. Belcher's machines?"
"Well, it's a long story. I don't mind tellin' on it, if it wouldn't be too triflin'," with a comical wink at Mr. Cavendish.
"Go on and tell it," said Mr. Balfour.
"I knowed Benedict up to the time when he lost his mind, an' was packed off to the 'Sylum, an' I never seen 'im agin till I seen 'im in the Sevenoaks' poor-house. I come acrost his little boy one night on the hill, when I was a trampin' home. He hadn't nothin' on but rags, an' he was as blue an' hungry as a spring bar. The little feller teched me ye know—teched my feelins—an' I jest sot down to comfort 'im. He telled me his ma was dead, and that his pa was at old Buffum's, as crazy as a loon. Well, I stayed to old Buffum's that night, an' went into the poor-house in the mornin', with the doctor. I seen Benedict thar, an' knowed him. He was a lyin' on the straw, an' he hadn't cloes enough on 'im to put in tea. An', says I, 'Mr. Benedict, give us your benediction;' an', says he, 'Jim!' That floored me, an' I jest cried and swar'd to myself. Well, I made a little 'rangement with him an' his boy, to take 'im to Abram's bosom. Ye see he thought he was in hell, an' it was a reasomble thing in 'im too; an' I telled 'im that I'd got a settlement in Abram's bosom, an' I axed 'im over to spend the day. I took 'im out of the poor-house an' carried 'im to Number Nine, an' I cured 'im. He's lived there ever sence, helped me build my hotel, an' I come down with 'im, to 'tend this Court, an' we brung his little boy along too, an' the little feller is here, an' knows him better nor I do."
"And you declare, under oath, that the Paul Benedict whom you knew in Sevenoaks, and at Number Nine—before his insanity—the Paul Benedict who was in the poor-house at Sevenoaks and notoriously escaped from that institution—escaped by your help, has lived with you ever since, and has appeared here in Court this morning," said Mr. Balfour.
"He's the same feller, an' no mistake, if so be he hain't slipped his skin," said Jim, "an' no triflin'. I make my Happy David on't."
"Did Mr. Belcher ever send into the woods to find him?'"
"Yis," said Jim, laughing, "but I choked 'em off."
"How did you choke them off?"
"I telled 'em both I'd lick 'em if they ever blowed. They didn't want to blow any, to speak on, but Mike Conlin come in with a hundred dollars of Belcher's money in his jacket, an' helped me nuss my man for a week; an' I got a Happy David out o' Sam Yates, an' ther's the dockyment;" and Jim drew from his pocket the instrument with which the reader is already familiar.
Mr. Balfour had seen the paper, and told Jim that it was not necessary in the case. Mr. Belcher looked very red in the face, and leaned over and whispered to his lawyer.
"That is all," said Mr. Balfour.
Mr. Cavendish rose. "You helped Mr. Benedict to escape, did you, Jim?"
"I said so," replied Jim.
"Did you steal the key when you were there first?"
"No; I borrered it, an' brung it back an left it in the door."
"Did you undo the fastenings of the outside door?"
"Yis, an' I did 'em up agin."
"Did you break down the grated door?"
"I remember about somethin' squeakin' an' givin' 'way," replied Jim, with a smile. "It was purty dark, an' I couldn't see 'xactly what was a goin' on."
"Oh you couldn't! We have your confession, then, that you are a thief and a burglar, and that you couldn't see the man you took out."
"Well, now, Squar, that won't help ye any. Benedict is the man as got away, an' I saved the town the board of two paupers an' the cost of two pine coffins, an' sent old Buffum where he belonged, an' nobody cried but his pertickler friend as sets next to ye."
"I beg the Court's protection for my client, against the insults of this witness," said Mr. Cavendish.
"When a man calls Jim Fenton a thief an' a buggler, he must take what comes on't," said Jim. "Ye may thank yer everlastin' stars that ye didn't say that to me in the street, for I should 'a licked ye. I should 'a fastened that slippery old scalp o' yourn tighter nor a drum-head."
"Witness," said the Judge, peremptorily, "you forget where you are, sir. You must stop these remarks."
"Jedge look 'ere! When a man is insulted by a lawyer in court, what can he do? I'm a reasomble man, but I can't take anybody's sarse. It does seem to me as if a lawyer as snubs a witness an calls 'im names, wants dressin' down too. Give Jim Fenton a fair shake, an' he's all right."
Jim's genial nature and his irrepressible tongue were too much for the court and the lawyers together. Mr. Cavendish writhed in his seat. He could do nothing with Jim. He could neither scare nor control him, and saw that the witness was only anxious for another encounter. It was too evident that the sympathy of the jury and the increasing throng of spectators was with the witness, and that they took delight in the discomfiture of the defendant's counsel.
"May it please the Court," said Mr. Cavendish, "after the disgraceful confessions of the witness, and the revelation of his criminal character, it will not comport with my own self-respect to question him further."
"Paddlin' off, eh?" said Jim, with a comical smile.
"Witness," said the Judge, "be silent and step down."
"No 'fense, Jedge, I hope?"
"Step down, sir."
Jim saw that matters were growing serious. He liked the Judge, and had intended, in some private way, to explain the condition of his hair as attributable to his fright on being called into Court as a witness, but he was obliged to relinquish his plan, and go back to his seat. The expression of his face must have been most agreeable to the spectators, for there was a universal giggle among them which called out the reproof of the Court.
"Helen Dillingham" was next called for. At the pronunciation of her name, and her quiet progress through the court-room to the stand, there was a hush in which nothing was heard but the rustle of her own drapery. Mr. Belcher gasped, and grew pale. Here was the woman whom he madly loved. Here was the woman whom he had associated with his scheme of European life, and around whom, more and more, as his difficulties increased and the possibilities of disaster presented themselves, he had grouped his hopes and gathered his plans. Had he been the dupe of her cunning? Was he to be the object of her revenge? Was he to be betrayed? Her intimacy with Harry Benedict began to take on new significance. Her systematic repulses of his blind passion had an explanation other than that which he had given them. Mr. Belcher thought rapidly while the formalities which preceded her testimony were in progress.
Every man in the court-room leaned eagerly forward to catch her first word. Her fine figure, graceful carriage and rich dress had made their usual impression.
"Mrs. Dillingham," said the Judge, with a courteous bow and gesture, "will you have the kindness to remove your veil?"
The veil was quietly raised over her hat, and she stood revealed. She was not pale; she was fresh from the woods, and in the glory of renewed health. A murmur of admiration went around the room like the stirring of leaves before a vagrant breeze.
"Mrs. Dillingham," said Mr. Balfour, "where do you reside?"
"In this city, sir."
"Have you always lived here?"
"Always."
"Do you know Paul Benedict?"
"I do, sir."
"How long have you known him?"
"From the time I was born until he left New York, after his marriage."
"What is his relation to you?"
"He is my brother, sir."
Up to this answer, she had spoken quietly, and in a voice that could only be heard through the room by the closest attention; but the last answer was given in a full, emphatic tone.
Mr. Belcher entirely lost his self-possession. His face grew white, his eyes were wild, and raising his clenched fist he brought it down with a powerful blow upon the table before him, and exclaimed: "My God!"
The court-room became in an instant as silent as death. The Judge uttered no reprimand, but looked inquiringly, and with unfeigned astonishment, at the defendant.
Mr. Cavendish rose and begged the Court to overlook his client's excitement, as he had evidently been taken off his guard.
"Paul Benedict is your brother, you say?" resumed Mr. Balfour.
"He is, sir."
"What was his employment before he left New York?"
"He was an inventor from his childhood, and received a careful education in accordance with his mechanical genius."
"Why did he leave New York?"
"I am ashamed to say that he left in consequence of my own unkindness."
"What was the occasion of your unkindness?"
"His marriage with one whom I did not regard as his own social equal or mine."
"What was her name?"
"Jane Kendrick."
"How did you learn that he was alive?"
"Through his son, whom I invited into my house, after he was brought to this city by yourself."
"Have you recently visited the cemetery at Sevenoaks?"
"I have, sir."
"Did you see the grave of your sister-in-law?"
"I did."
"Was there a headstone upon the grave?"
"There was a humble one."
"What inscription did it bear?"
"Jane Kendrick, wife of Paul Benedict."
"When and where did you see your brother first, after your separation?"
"Early last summer at a place called Number Nine."
"Did you recognise him?"
"I did, at once."
"Has anything occurred, in the intercourse of the summer, to make you suspect that the man whom you recognised as your brother was an impostor?"
"Nothing. We have conversed with perfect familiarity on a thousand events and circumstances of our early life. I know him to be my brother as well as I know my own name, and my own identity."
"That is all," said Mr. Balfour.
"Mrs. Dillingham," said Mr. Cavendish after holding a long whispered conversation with his client, "you were glad to find your brother at last, were you not?"
"Very glad, sir."
"Why?"
"Because I was sorry for the misery which I had inflicted upon him, and to which I had exposed him."
"You were the victim of remorse, as I understand you?"
"Yes, sir; I suppose so."
"Were you conscious that your condition of mind unfitted you to discriminate? Were you not so anxious to find your brother, in order to quiet your conscience, that you were easily imposed upon."
"No, sir, to both questions."
"Well, madam, such things have happened. Have you been in the habit of receiving Mr. Belcher at your house?"
"I have."
"You have been in the habit of receiving gentlemen rather indiscriminately at your house, haven't you?"
"I object to the question," said Mr. Balfour quickly. "It carries a covert insult to the witness."
Mrs. Dillingham bowed to Mr. Balfour in acknowledgment of his courtesy, but answered the question. "I have received you, sir, and Mr. Belcher. I may have been indiscriminate in my courtesies. A lady living alone cannot always tell."
A titter ran around the court-room, in which Mr. Belcher joined. His admiration was too much at the moment for his self-interest.
"Did you know before you went to Number Nine, that your brother was there?" inquired Mr. Cavendish.
"I did, and the last time but one at which Mr. Belcher called upon me I informed him of the fact."
"That your brother was there?"
"No, that Paul Benedict was there."
"How did you know he was there?"
"His little boy wrote me from there, and told me so."
Mr. Cavendish had found more than he sought. He want' ed to harass the witness, but he had been withheld by his client. Baffled on one hand and restrained on the other—for Mr. Belcher could not give her up, and learn to hate her in a moment—he told the witness he had no more questions to ask.
Mrs. Dillingham drew down her veil again, and walked to her seat.
Harry Benedict was next called, and after giving satisfactory answers to questions concerning his understanding of the nature of an oath, was permitted to testify.
"Harry," said Mr. Balfour, "were you ever in Mr. Belcher's house?"
"Yes, sir."
"Tell us how it happened that you were there."
"Mr. Belcher stopped me in the street, and led me up the steps, and then up stairs into his room."
"What question did he ask you?"
"He wanted to know whether my father was alive."
"Did he offer you money if you would tell?"
"Yes, sir; he offered me a great gold piece of money, and told me it was an eagle."
"Did you take it?"
"No, sir."
"Did he threaten you?"
"He tried to scare me, sir."
"Did he tell you that he should like to give your father some money?"
"Yes, sir."
"And did you tell him that your father was alive?"
"No, sir, I ran away;" and Harry could not restrain a laugh at the remembrance of the scene.
"Harry, is your father in this room?"
Harry looked at his father with a smile, and answered, "Yes, sir."
"Now, Harry, I want you to pick him out from all these people. Be sure not to make any mistake. Mr. Belcher has been so anxious to find him, that I presume he will be very much obliged to you for the information. Go and put your hand on him."
Harry started at a run, and, dodging around the end of the bar, threw himself into his father's arms. The performance seemed so comical to the lad, that he burst into a peal of boyish laughter, and the scene had such a pretty touch of nature in it, that the spectators cheered, and were only checked by the stern reprimand of the judge, who threatened the clearing of the room if such a demonstration should again be indulged in.
"Does the counsel for the defence wish to cross-examine the witness?" inquired the judge.
"I believe not," said Mr. Cavendish, with a nod; and then Harry went to his seat, at the side of Jim Fenton, who hugged him so that he almost screamed. "Ye're a brick, little feller," Jim whispered. "That was a Happy David, an' a Goliar into the bargin. You've knocked the Ph'listine this time higher nor a kite."
"May it please the Court," said Mr. Cavendish, "I have witnesses here who knew Paul Benedict during all his residence in Sevenoaks, and who are ready to testify that they do not know the person who presents himself here to-day, as the plaintiff in this case. I comprehend the disadvantage at which I stand, with only negative testimony at my command. I know how little value it has, when opposed to such as has been presented here; and while I am convinced that my client is wronged, I shall be compelled, in the end, to accept the identity of the plaintiff as established. If I believed the real Paul Benedict, named in the patents in question, in this case, to be alive, I should be compelled to fight this question to the end, by every means in my power, but the main question at issue, as to whom the title to these patents rests in, can be decided between my client and a man of straw, as well as between him and the real inventor. That is the first practical issue, and to save the time of the Court, I propose to proceed to its trial; and first I wish to cross-examine the plaintiff."
Mr. Benedict resumed the stand.
"Witness, you pretend to be the owner of the patents in question, in this case, and the inventor of the machines, implements and processes which they cover, do you?" said Mr. Cavendish.
"I object to the form of the question," said Mr. Balfour. "It is an insult to the witness, and a reflection upon the gentleman's own sincerity, in accepting the identity of the plaintiff."
"Very well," said Mr. Cavendish, "since the plaintiff's counsel is so difficult to please! You are the owner of these patents, are you?"
"I am, sir."
"You have been insane, have you sir?"
"I suppose I have been, sir. I was very ill for a long time, and have no doubt that I suffered from mental alienation."
"What is your memory of things that occurred immediately preceding your insanity?"
Mr. Benedict and his counsel saw the bearings of this question, at once, but the witness would no more have lied than he would have stolen, or committed murder. So he answered: "It is very much confused, sir."
"Oh, it is! I thought so! Then you cannot swear to the events immediately preceding your attack?"
"I am afraid I cannot, sir, at least, not in their order or detail."
"No! I thought so!" said Mr. Cavendish, in his contemptuous manner, and rasping voice. "I commend your prudence. Now, witness, if a number of your neighbors should assure you that, on the day before your attack, you did a certain thing, which you do not remember to have done, how should you regard their testimony?"
"If they were credible people, and not unfriendly to me, I should be compelled to believe them."
"Why, sir! you are an admirable witness! I did not anticipate such candor. We are getting at the matter bravely. We have your confession, then, that you do not remember distinctly the events that occurred the day before your attack, and your assertion that you are ready to believe and accept the testimony of credible witnesses in regard to those events."
"Yes, sir."
"Did you ever know Nicholas Johnson and James Ramsey?"
"Yes, sir."
"Where did you see them last?"
"In Mr. Belcher's library."
"On what occasion, or, rather, at what time?"
"I have sad reason to remember both the occasion and the date, sir. Mr. Belcher had determined to get my signature to an assignment, and had brought me to his house on another pretext entirely. I suppose he had summoned these men as witnesses."
"Where are these men now?"
"Unhappily, they are both dead."
"Yes, unhappily indeed—unhappily for my client. Was there anybody else in the room?"
"I believe that Phipps, Mr. Belcher's man, was coming and going."
"Why, your memory is excellent, is it not? And you remember the date of this event too! Suppose you tell us what it was."
"It was the 4th of May, 1860."
"How confused you must have been!" said Mr. Cavendish.
"These are things that were burnt into my memory," responded the witness. "There were other occurrences that day, of which I have been informed, but of which I have no memory."
"Ah, there are! Well, I shall have occasion to refresh your mind upon still another, before I get through with you. Now, if I should show you an assignment, signed by yourself on the very day you have designated, and also signed by Johnson, Ramsey and Phipps as witnesses, what should you say to it?"
"I object to the question. The counsel should show the document to the witness, and then ask his opinion of it," said Mr. Balfour.
The Court coincided with Mr. Balfour's view, and ruled accordingly.
"Very well," said Mr. Cavendish, "we shall get at that in good time. Now, witness, will you be kind enough to tell me how you remember that all this occurred on the 4th of May, 1860?"
"It happened to be the first anniversary of my wife's death. I went from her grave to Mr. Belcher's house. The day war associated with the saddest and most precious memories of my life."
"What an excellent memory!" said Mr. Cavendish; rubbing his white hands together. "Are you familiar with the signatures of Nicholas Johnson and James Ramsey?"
"I have seen them many times."
"Would you recognize them, if I were to show them to you?"
"I don't know sir."
"Oh! your memory begins to fail now, does it? How is it that you cannot remember things with which you were familiar during a series of years, when you were perfectly sane, and yet can remember things so well that happened when your mind was confused?"
Mr. Benedict's mind was getting confused again, and he began to stammer. Mr. Cavendish wondered that, in some way, Mr. Balfour did not come to the relief of his witness, but he sat perfectly quiet, and apparently unconcerned. Mr. Cavendish rummaged among his papers, and withdrew two letters. These he handed to the witness. "Now," said he, "will the witness examine these letters, and tell us whether he recognizes the signatures as genuine?"
Mr. Benedict took the two letters, of which he had already heard through Sam Yates, and very carefully read them. His quick, mechanical eye measured the length and every peculiarity of the signatures. He spent so much time upon them that even the court grew impatient.
"Take all the time you need, witness," said Mr. Balfour.
"All day, of course, if necessary," responded Mr. Cavendish raspingly.
"I think these are genuine autograph letters, both of them," said Mr. Benedict.
"Thank you: now please hand them back to me."
"I have special reasons for requesting the Court to impound these letters," said Mr. Balfour. "They will be needed again in the case."
"The witness will hand the letters to the clerk," said the judge.
Mr. Cavendish was annoyed, but acquiesced gracefully. Then he took up the assignment, and said: "Witness, I hold in my hand a document signed, sealed and witnessed on the 4th day of May, 1860, by which Paul Benedict conveys to Robert Belcher his title to the patents, certified copies of which have been placed in evidence. I want you to examine carefully your own signature, and those of Johnson and Ramsey. Happily, one of the witnesses is still living, and is ready, not only to swear to his own signature, but to yours and to those of the other witnesses."
Mr. Cavendish advanced, and handed Benedict the instrument. The inventor opened it, looked it hurriedly through, and then paused at the signatures. After examining them long, with naked eyes, he drew a glass from his pocket, and scrutinized them with a curious, absorbed look, forgetful, apparently, where he was.
"Is the witness going to sleep?" inquired Mr. Cavendish; but he did not stir. Mr. Belcher drew a large handkerchief from his pocket, and wiped his red, perspiring face. It was an awful moment to him. Phipps, in his seat, was as pale as a ghost, and sat watching his master.
At last Mr. Benedict looked up. He seemed as if he had been deprived of the power of speech. His face was full of pain and fright. "I do not know what to say to this," he said.
"Oh, you don't! I thought you wouldn't! Still, we should like to know your opinion of the instrument," said Mr. Cavendish.
"I don't think you would like to know it, sir," said Benedict, quietly.
"What does the witness insinuate?" exclaimed the lawyer, jumping to his feet. "No insinuations, sir!"
"Insinuations are very apt to breed insinuations," said the Judge, quietly. "The witness has manifested no disinclination to answer your direct questions."
"Very well," said Mr. Cavendish. "Is your signature at the foot of that assignment?"
"It is not, sir."
"Perhaps those are not the signatures of the witnesses," said Mr. Cavendish, with an angry sneer.
"Two of them, I have no doubt, are forgeries," responded Mr. Balfour, with an excited voice.
Mr. Cavendish knew that it would do no good to manifest anger; so he laughed. Then he sat down by the side of Mr. Belcher, and said something to him, and they both laughed together.
"That's all," he said, nodding to the witness.
"May it please the Court," said Mr. Balfour, "we got along so well with the question of identity that, with the leave of the defendant's counsel, I propose, in order to save the time of the Court, that we push our inquiries directly into the validity of this assignment. This is the essential question, and the defendant has only to establish the validity of the instrument to bring the case to an end at once. This done, the suit will be abandoned."
"Certainly," said Mr. Cavendish, rising. "I agree to the scheme with the single provision on behalf of the defendant, that he shall not be debarred from his pleading of a denial of profits, in any event."
"Agreed," said Mr. Balfour.
"Very well," said Mr. Cavendish. "I shall call Cornelius Phipps, the only surviving witness of the assignment."
But Cornelius Phipps did not appear when he was called. A second call produced the same result. He was not in the house. He was sought for in every possible retreat about the house, but could not be found. Cornelius Phipps had mysteriously disappeared.
After consulting Mr. Belcher, Mr. Cavendish announced that the witness who had been called was essential at the present stage of the case. He thought it possible that in the long confinement of the court-room, Phipps had become suddenly ill, and gone home. He hoped, for the honor of the plaintiff in the case, that nothing worse had happened, and suggested that the Court adjourn until the following day.
And the Court adjourned, amid tumultuous whispering. Mr. Belcher was apparently oblivious of the fact, and sat and stared, until touched upon the shoulder by his counsel, when he rose and walked out upon a world and into an atmosphere that had never before seemed so strange and unreal.
CHAPTER XXVII.
IN WHICH PHIPPS IS NOT TO BE FOUND, AND THE GENERAL IS CALLED UPON TO DO HIS OWN LYING.
At the appointed hour on the following morning, the Court resumed its session. The plaintiff and defendant were both in their places, with their counsel, and the witnesses of the previous day were all in attendance. Among the little group of witnesses there were two or three new faces—a professional-looking gentleman with spectacles; a thin-faced, carefully-dressed, slender man, with a lordly air, and the bearing of one who carried the world upon his shoulders and did not regard it as much of a burden; and, last, our old friend Sam Yates.
There was an appearance of perplexity and gloom on the countenances of Mr. Cavendish and his client. They were in serious conversation, and it was evident that they were in difficulty. Those who knew the occasion of the abrupt adjournment of the Court on the previous day looked in vain among the witnesses for the face of Phipps. He was not in the room, and, while few suspected the real state of the case, all understood how essential he was to the defendant, in his attempt to establish the genuineness of the assignment.
At the opening of the Court, Mr. Cavendish rose to speak. His bold, sharp manner had disappeared. The instrument which he had expected to use had slipped hopelessly out of his hand. He was impotent. "May it please the Court," he said, "the defendant in this case finds himself in a very embarrassing position this morning. It was known yesterday that Cornelius Phipps, the only surviving witness of the assignment, mysteriously disappeared at the moment when his testimony was wanted. Why and how he disappeared, I cannot tell. He has not yet been found. All due diligence has been exercised to discover him, but without success. I make no charges of foul play, but it is impossible for me, knowing what I know about him—his irreproachable character, his faithfulness to my client, and his perfect memory of every event connected with the execution of the paper in question—to avoid the suspicion that he is by some means, and against his will, detained from appearing here this morning. I confess, sir, that I was not prepared for this. It is hard to believe that the plaintiff could adopt a measure so desperate as this for securing his ends, and I will not criminate him; but I protest that the condition in which the defendant is left by this defection, or this forcible detention—call it what you will—demands the most generous consideration, and compels me to ask the Court for suggestions as to the best course of proceeding. There are now but two men in Court who saw the paper executed, namely, the assignor and the assignee. The former has declared, with an effrontery which I have never seen equalled, that he never signed the document which so unmistakably bears his signature, and that the names of two of the witnesses are forgeries. I do not expect that, in a struggle like this, the testimony of the latter will be accepted, and I shall not stoop to ask it." |
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