"My mother!—my mother!" at length faltered Aubrey.

"God bless thee, my son!" said she, solemnly. "And Catherine, my daughter—God bless thee"—— she presently added, gently turning round her head towards the quarter whence a stifled sob issued from Miss Aubrey, who rose, trembling, and leaning over, kissed her mother. "Agnes, are you here—and your little ones?—God bless"—— Her voice got fainter, and her eyes closed. Mr. Whately gave her a few drops of ether, and she presently revived.

"God hath been very good to you, Madam," said Dr. Tatham, observing her eye fixed upon him, "to restore you thus to your children."

"I have been long absent—long!—I wake, my children, but to bid you farewell, forever, upon earth."

"Say not so, my mother—my precious mother!" exclaimed her son, in vain endeavoring to suppress his emotions.

"I do, my son! Weep not for me; I am old, and am summoned away from among you"—She ceased, as if from exhaustion; and no one spoke for some minutes.

"It may be that God hath roused me, as it were, from the dead, to comfort my sorrowful children with words of hope," said Mrs. Aubrey, with much more power and distinctness than before. "Hope ye, then, in God; for ye shall yet praise him who is the health of your countenance, and your God!"

"We will remember, my mother, your words!" faltered her son.

"Yes, my son—if days of darkness be at hand"—She ceased. Again Mr. Whately placed to her white lips a glass with some reviving fluid—looking ominously at Mr. Aubrey, as he found that she continued insensible. Miss Aubrey sobbed audibly; indeed all present were powerfully affected. Again Mrs. Aubrey revived, and swallowed a few drops of wine and water. A heavenly serenity diffused itself over her emaciated features.

"We shall meet again, my loves!—I can no longer see you with the eyes of"—Mr. Whately observing a sudden change, came nearer to her.

"Peace! peace!" she murmured almost inarticulately. A dead silence ensued, interrupted only by smothered sobs. Her children sank on their knees, and buried their faces in their hands, trembling.

Mr. Whately made a silent signal to Dr. Tatham, that life had ceased—that the beloved spirit had passed away. "The Lord gave, and the Lord hath taken away: blessed be the name of the Lord!" said Dr. Tatham, with tremulous solemnity. Mrs. Aubrey and Miss Aubrey, no longer able to restrain their feelings, wept bitterly; and overpowered with grief, were supported out of the room by Dr. Tatham and Mr. Aubrey.

As soon as it was known that this venerable lady was no more, universal reverence was testified for her memory, and sympathy for the afflicted survivors, by even those, high and low, in the remoter parts of the neighborhood who had no personal acquaintance with the family. Two or three days afterwards, the undertaker, who had received orders from Mr. Aubrey to provide a simple and inexpensive funeral, submitted to him a list of more than thirty names of the nobility and gentry of the country, who had sent to him to know whether it would be agreeable to the family for them to be allowed to attend Mrs. Aubrey's remains to the grave. After much consideration, Mr. Aubrey accepted this spontaneous tribute of respect to the memory of his mother. 'Twas a memorable and melancholy day on which the interment took place—one never to be forgotten at Yatton. What can be more chilling than the gloomy bustle of a great funeral, especially in the country; and when the deceased is one whose memory is enshrined in the holiest feelings of all who knew her? What person was there, for miles around, who could not speak of the courtesies, the charities, the goodness of Madam Aubrey?

"When the ear heard her, then it blessed her; and when the eye saw her, it gave witness to her:

"Because she delivered the poor that cried, and the fatherless, and him that had none to help him.

"The blessing of him that was ready to perish came upon her, and she caused the widow's heart to sing for joy.

"She was eyes to the blind, and feet was she to the lame.

"She was a mother to the poor."——

Pale as death, the chief mourner, wrapped in his black cloak, is stepping into the mourning-coach. No one speaks to him; his face is buried in his handkerchief; his heart seems breaking. He thinks of her whose dear dust is before him;—then of the beloved beings whom he has left alone in their agony till his return—his wife and sister. The procession is moving slowly on—long, silent rows of the tenantry and villagers, old and young, male and female—not a dry eye among them, nor a syllable spoken—stand on each side of the way; no sound heard but of horses' feet, and wheels crushing along the wet gravel—for the day is most gloomy and inclement. As they quit the gates, carriage after carriage follows in the rear; and the sorrowful crowd increases around them. Many have in their hands the Bibles and prayer-books which had been given them by her who now lies in yonder hearse; and a few can recollect the day when the late lord of Yatton led her along from the church to the Hall, his young and blooming bride—in pride and joy—and they are now going to lay her beside him again! They are met at the entrance of the little churchyard, by good Dr. Tatham, in his surplice, bareheaded, and with book in hand; with full eye and quivering lip he slowly precedes the body into the church. His voice frequently trembles, and sometimes he pauses while reading the service. Now they are standing bareheaded at the vault's mouth—the last sad rites are being performed; and probably, as is thinking the chief mourner, over the last of his race who will rest in that tomb!

Long after the solemn ceremony was over, the little churchyard remained filled with mournful groups of villagers and tenants, who pressed forward to the dark mouth of the vault, to take their last look at the coffin which contained the remains of her whose memory would live long in all their hearts. "Ah, dear old Madam," quoth Jonas Higgs to himself, as he finished his dreary day's labors, by temporarily closing up the mouth of the vault, "they might have turned thee, by-and-by, out of yonder Hall, but they shall not touch thee here!"

Thus died, and was buried, Madam Aubrey; and she is not yet forgotten.

How desolate seemed the Hall, the next morning, to the bereaved inmates, as, dressed in deep mourning, they met at the cheerless breakfast-table! Aubrey kissed his wife and sister—who could hardly answer his brief inquiries. The gloom occasioned throughout the Hall, for the last ten days, by the windows being constantly darkened—now that the blinds were drawn up—had given way to a staring light and distinctness, which almost startled and offended the eyes of those whose hearts were dark with sorrow as ever. Every object reminded them of the absence of one—whose chair stood empty in its accustomed place. There, also, was her Bible, on the little round table near the window! The mourners seemed relieved by the entrance, by-and-by, of the children; but they also were in mourning! Let us, however, withdraw from this scene of suffering, where every object, every recollection, every association, causes the wounded heart to bleed afresh.

Great troubles seem coming upon them; and now that they have buried their dead out of their sight, and when time shall have begun to pour his balm into their present smarting wounds, I doubt not that they will look those troubles in the face, calmly and with fortitude, not forgetful of the last words of her for whom they now mourn so bitterly, and whom, beloved and venerable being! God hath mercifully taken away from evil days that are to come.

After much consideration, they resolved to go, on the ensuing Sunday morning, to church, where neither Mrs. Aubrey nor Kate had been since the illness of her mother. The little church was crowded; almost every one present, besides wearing a saddened countenance, exhibited some outward mark of respect, in their dress—some badge of mourning—such as their little means admitted of. The pulpit and reading-desk were hung in black, as also was Mr. Aubrey's pew—an object of deep interest to the congregation, who expected to see at least some member of the family at the Hall. They were not disappointed. A little before Dr. Tatham took his place in the reading-desk, the well-known sound of the family-carriage wheels was heard as it drew up before the gate; and presently Mr. Aubrey appeared at the church door, with his wife and sister on either arm; all of them, of course, in the deepest mourning—Mrs. and Miss Aubrey's countenances concealed beneath their long crape veils. For some time after taking their seats, they seemed oppressed with emotion, evidently weeping. Mr. Aubrey, however, exhibited great composure, though his countenance bore traces of the suffering he had undergone. Mrs. Aubrey seldom rose from her seat; but Kate stood up, from time to time, with the rest of the congregation; her white handkerchief, however, might have been seen frequently raised to her eyes, beneath her black veil. As the service went on, she seemed to have struggled with some success against her feelings. To relieve herself for a moment from its oppressive closeness, she gently drew aside her veil; and thus, for a few minutes, exhibited a countenance which, though pale and agitated, was inexpressibly beautiful. She could not, however, long bear to face a congregation, every one of whom she felt to be looking on her, and those beside her, with affectionate sympathy; and rather quickly drew down her veil, without again removing it. There was one person present, on whom the brief glimpse of her beauty had produced a sudden, deep, and indelible impression. As he gazed at her, the color gradually deserted his cheek; and his eye remained fixed upon her, even after she had drawn down her veil. He experienced emotions such as he had never known before. So that was Miss Aubrey!

Mr. Gammon—for he it was, and he had gone thither under the expectation of seeing, for the first time, some of the Aubrey family—generally passed for a cold-blooded person; and in fact few men living had more control over their feelings, or more systematically checked any manifestations of them; but there was something in the person and circumstances of Miss Aubrey—for by a hurried inquiry of the person next to him he learned that it was she—which excited new feelings in him. Her slightest motion his eye watched with intense eagerness; and faint half-formed schemes, purposes, and hopes, passed in rapid confusion through his mind, as he foresaw that circumstances would hereafter arise by means of which—

"Good heavens! how very—very beautiful she is!" said he to himself, as, the service over, her graceful figure, following her brother and his wife with slow sad step, approached the pew in which he was standing, on her way to the door. He felt a sort of cold shudder as her black dress rustled past, actually touching him. What was he doing and meditating against that lovely being? And for whom—disgusting reptile!—for Titmouse? He almost blushed from a conflict of emotions, as he followed almost immediately after Miss Aubrey, never losing sight of her till her brother, having handed her into the carriage, got in after her, and they drove off towards the Hall.

The reader will not be at a loss to account for the presence of Mr. Gammon on this occasion, nor to connect it with an impending trial at the approaching York assizes. As he walked back to Grilston to his solitary dinner, he was lost in thought; and on arriving at the inn, repaired at once to his room, where he found a copy of the Sunday Flash, which had, according to orders, been sent to him from town, under his assumed name, "Gibson." He ate but little, and that mechanically; and seemed to feel, for once, little or no interest in his newspaper. He had never paid the least attention to the eulogia upon Miss Aubrey of the idiot Titmouse, nor of Snap, of whom he entertained but a very little higher opinion than of Titmouse. One thing was clear, that from that moment Miss Aubrey formed a new element in Mr. Gammon's calculations; and for aught I know, may occasion very different results from those originally contemplated by that calm and crafty person.

As it proved a moonlight night, he resolved at once to set about the important business which had brought him into Yorkshire; and for that purpose set off about eight o'clock on his walk to Yatton. About ten o'clock he might have been seen gliding noiselessly into the churchyard, like a dangerous snake. The moon continued to shine—and at intervals with brightness sufficient for his purpose, which was simply to reconnoitre, as closely as possible, the little sequestered locality—to ascertain what it might contain, and what were its capabilities. At length he approached the old yew-tree, against the huge trunk of which he leaned with folded arms, apparently in a revery. Hearing a noise as of some one opening the gate by which he had entered, he glided farther into the gloom behind him; and turning his head in the direction whence the sound came, he beheld some one entering the churchyard. His heart beat quickly; and he suspected that he had been watched: yet there was surely no harm in being seen, at ten o'clock at night, looking about him in a country churchyard!—It was a gentleman who entered, dressed in deep mourning; and Gammon quickly recognized in him Mr. Aubrey—the brother of her whose beautiful image still shone before his mind's eye. What could he be wanting there?—at that time of night? Gammon was not kept long in doubt; for the stranger slowly bent his steps towards a large high tomb, in fact the central object, next to the yew-tree, in the churchyard—and stood gazing at it in silence for some time.

"That is, no doubt, where Mrs. Aubrey was buried the other day," thought Gammon, watching the movements of the stranger, who presently raised his handkerchief to his eyes, and for some moments seemed indulging in great grief. Gammon distinctly heard the sound of deep sighing. "He must have been very fond of her," thought Gammon. "Well, if we succeed, the excellent old lady will have escaped a great deal of trouble—that's all! If we succeed," he inwardly repeated after a long pause! That reminded him of what he had for a few moments lost sight of, namely, his own object in coming thither; and he felt a sudden chill of remorse, which increased upon him till he almost trembled, as his eye continued fixed on Mr. Aubrey, and he thought also of Miss Aubrey—and the misery—the utter ruin into which he was seeking to plunge them both—the unhallowed means which they—which—if necessary—he—contemplated resorting to for that purpose.

Gammon's condition was becoming every moment more serious; for VIRTUE, in the shape of Miss Aubrey, began to shine momentarily in more and more radiant loveliness before him—and he almost felt an inclination to sacrifice every person connected with the enterprise in which he was engaged, if it would give him a chance of winning the favor of Miss Aubrey. Presently, however, Mr. Aubrey, evidently heaving a deep sigh, bent his steps slowly back towards the old gate, and quitted the churchyard. Gammon watched his figure out of sight, and then, for the first time since Mr. Aubrey's appearance, breathed freely. Relieved from the pressure of his presence, Gammon began to take calmer and juster views of his position; and he reflected, that if he pushed on the present affair to a successful issue, he should be much more likely, than by prematurely ending it, to gain his objects. He therefore resumed his survey of the scene around him; and which presented appearances highly satisfactory, judging from the expression which now and then animated his countenance. At length he wandered round to the other end of the church, where a crumbling wall, half covered with ivy, indicated that there had formerly stood some building apparently of earlier date than the church. Such was the fact. Gammon soon found himself standing in a sort of enclosure, which had once been the site of an old chapel. And here he had not been long making his observations, before he achieved a discovery of so extraordinary a nature; one so unlikely, under the circumstances, to have happened; one so calculated to baffle ordinary calculations concerning the course of events, that the reader may well disbelieve what I am going to tell him, and treat it as absurdly improbable. In short, not to keep him in suspense, Gammon positively discovered evidence of the death of Harry Dreddlington in his father's lifetime; by means of just such a looking tombstone as he had long imaged to himself; and as he had resolved that old Quirk should have got prepared, before the cause came into court. He almost stumbled over it. 'Twas an old slanting stone, scarcely a foot above the ground, partly covered with moss, and partly hid by rubbish and long damp grass. The moon shone brightly enough to enable Gammon, kneeling down, to decipher, beyond all doubt, what was requisite to establish that part of the case which had been wanting. For a moment or two he was disposed to imagine that he was dreaming. When, at length, he took out pencil and paper, his hands trembled so much that he felt some difficulty in making an exact copy of the inestimable inscription. Having done this, he drew a long breath as he replaced the pencil and paper in his pocket-book, and almost fancied he heard a whispering sound in the air—"Verdict for the plaintiff." Quitting the churchyard, he walked back to Grilston at a much quicker rate than that at which he had come, his discovery having wonderfully elated him, and pushed all other thoughts entirely out of his mind. But, thought he, doubtless the other side are aware of the existence of this tombstone—they can hardly be supposed ignorant of it; they must have looked up their evidence as well as we—and their attention has been challenged to the existence or non-existence of proof of the time of the death of Harry Dreddlington:—well—if they are aware of it, they know that it cuts the ground from under them, and turns their conveyance, on which, doubtless, they are relying, into waste paper; if they are not, and are under the impression that that deed is valid and effectual, our proof will fall on them like a thunderbolt. "Gad,"—he held his breath, and stopped in the middle of the road—"how immensely important is this little piece of evidence! Why, if they knew of it—why in Heaven's name is it there still? What easier than to have got rid of it?—why, they may still: what can that stupid fellow Parkinson have been about? Yet, is it because it has become unimportant, on account of their being in possession of other evidence? What can they have to set against so plain a case as ours is, with this evidence? Gad, I'll not lose one day's time; but I'll have half a dozen competent witnesses to inspect, and speak to that same tombstone in court." Such were some of the thoughts which passed through his mind as he hastened homeward; and on his arrival, late as it was—only the yawning hostler having sat up to let him in—he wrote off a letter to Mr. Quirk, and made it into a parcel to go by the mail in the morning, acquainting him with the amazing discovery which he had just made, and urging Mr. Quirk to set about getting up the briefs, for the trial, without delay; he himself—Gammon—purposing to stop at Grilston a day or two longer, to complete one or two other arrangements of an important nature. As soon as Mr. Quirk had read this letter, he devoutly thanked God for his goodness; and, hurrying to his strong-box, unlocked it, took out a small sealed packet, and committed it to the flames.

Mr. Aubrey, as soon as he had recovered from the first shock occasioned by Mr. Parkinson's communication of the proceedings against him, set about acquainting himself, as minutely as he could, with the true state of the case. He had requested that gentleman to obtain from one of the counsel in London, Mr. Crystal, a full account of the case for his—Mr. Aubrey's—own guidance; and on obtaining a remarkably clear and luminous statement, and also consulting the various authorities cited in it—such at least as could be supplied to him by Mr. Parkinson—the vigorous practical understanding of Mr. Aubrey, aided by his patient application, soon mastered the whole case, and enabled him to appreciate his perilous position. Since he could derive no title through the conveyance of Harry Dreddlington (which had been got in by Geoffrey Dreddlington,) owing to the death of the former in his father's lifetime,[29] as he (Mr. Aubrey) understood from his advisers could be easily proved by the present claimant of the property; the right of accession of Geoffrey Dreddlington's descendants depended entirely upon the fact whether or not Stephen Dreddlington had really died without issue; and as to that, certain anxious and extensive inquiries instituted by Messrs. Runnington and Mr. Parkinson, in pursuance of the suggestions of their able and experienced counsel, had led them to entertain serious doubts concerning the right of Geoffrey's descendants to have entered into possession. By what means his opponents had obtained their clew to the state of his title, neither Mr. Aubrey nor any of his advisers could frame a plausible conjecture. It was certainly possible that Stephen Dreddlington, who was known to have been a man, like his uncle Harry, of wild and eccentric habits, and to have been supposed to leave no issue, might have married privately some woman of inferior station, and left issue by her, who, living in obscurity, and at a distance from the seat of the family property, could have no opportunity of inquiring into or ascertaining their position with reference to the estates, till some acute and enterprising attorneys, like Messrs. Quirk, Gammon, and Snap, happening to get hold of them, and family papers in their possession, had taken up their case. When, with impressions such as these, Mr. Aubrey perused and re-perused the opinions of the conveyancer given on the occasion of his (Mr. Aubrey's) marriage, he was confounded at the supineness and indifference which he had even twice exhibited, and felt disposed now greatly to overvalue the importance of every adverse circumstance. The boldness, again, and systematic energy with which the case of the claimant was prosecuted, and the eminent legal opinions which were alleged, and with every appearance of truth, to concur in his favor, afforded additional grounds for rational apprehension. He looked the danger, however, full in the face, and as far as lay in his power, as a conscientious man, prepared for the evil day which might so soon come upon him. Certain extensive and somewhat costly alterations which he had been on the point of commencing at Yatton, he abandoned. But for the earnest interference of friends, he would at once have given up his establishment in Grosvenor Street, and applied for the Chiltern Hundreds, in order to retire from political life. Considering the possibility of his soon being declared the wrongful holder of the property, he contracted his expenditure as far as he could, without challenging unnecessary public attention; and paid into his banker's hands all his Christmas rents, sacredly resolving to abstain from drawing out one farthing of what might soon be proved to belong to another. At every point occurred the dreadful question—if I am declared never to have been the rightful owner of the property, how am I to discharge my frightful liabilities to him who is? Mr. Aubrey had nothing except the Yatton property. He had but an insignificant sum in the funds; Mrs. Aubrey's settlement was out of lands at Yatton, as also was the little income bequeathed to Kate by her father. Could anything be conceived more dreadful, under these circumstances, than the mere danger—the slightest probability—of their being deprived of Yatton?—and with a debt of at the very least SIXTY THOUSAND POUNDS, due to him who had been wrongfully kept out of his property? That was the millstone which seemed to drag them all to the bottom. Against that, what could the kindness of the most generous friends, what could his own most desperate exertions, avail? All this had poor Aubrey constantly before his eyes, together with—his wife, his children, his sister. What was to become of them? It was long before the real nature and extent of his danger became known among his friends and neighbors. When, however, they were made aware of it, an extraordinary interest and sympathy were excited throughout almost the whole county. Whenever his attorney, Mr. Parkinson, appeared in public, he was besieged by most anxious inquiries concerning his distinguished client, whose manly modesty and fortitude, under the pressure of his sudden and almost unprecedented difficulty and peril, endeared him more than ever to all who had an opportunity of appreciating his position. With what intense and absorbing interest were the ensuing assizes looked for!—— At length they arrived.

The ancient city of York exhibited, on the commission day of the spring assizes for the year 18—, the usual scene of animation and excitement. The High Sheriff, attended by an imposing retinue, went out to meet the judges, and escorted them, amid the shrill clangor of trumpets, to the Castle, where the commission was opened with the usual formalities. The judges were Lord Widdrington, the Lord Chief-Justice of the King's Bench, and Mr. Justice Grayley, a puisne judge of the same court—both admirable lawyers. The former was possessed of the more powerful intellect. He was what may be called a great scientific lawyer, referring everything to principle, as extracted from precedent. Mr. Justice Grayley was almost unrivalled in his knowledge of the details of the law; his governing maxim being ita lex scripta. Here his knowledge was equally minute and accurate, and most readily applied to every case brought before him. Never sat there upon the bench a more painstaking judge—one more anxious to do right equally in great things as in small. Both were men of rigid integrity: 'tis a glorious thing to be able to challenge the inquiry—when, for centuries, have other than men of rigid integrity sat upon the English Bench? Lord Widdrington, however, in temper was stern, arbitrary, and overbearing, and his manners were disfigured not a little by coarseness; while his companion was a man of exemplary amiability, affability, and forbearance. Lord Widdrington presided at the Civil Court, (in which, of course, would come on the important cause in which we are interested,) and Mr. Justice Grayley in the Criminal Court.

Soon after the sitting of the court, on the ensuing morning—"Will your Lordship allow me," rose and inquired the sleek, smiling, and portly Mr. Subtle, dead silence prevailing as soon as he had mentioned the name of the cause about which he was inquiring, "to mention a cause of Doe on the demise of Titmouse v. Jolter—a special jury cause, in which there are a great many witnesses to be examined on both sides—and to ask that a day may be fixed for it to come on?"

"Whom do you appear for, Mr. Subtle?" inquired his Lordship.

"For the plaintiff, my Lord."

"And who appears for the defendant?"

"The Attorney-General leads for the defendant, my Lord," replied Mr. Sterling, who, with Mr. Crystal, was also retained for the defendant.

"Well, perhaps you can agree between yourselves upon a day, and in the mean time similar arrangements may be made for any other special jury causes that may require it." After due consultation, Monday week was agreed upon by the parties, and fixed by his Lordship, for the trial of the cause.—During the Sunday preceding it, York was crowded with persons of the highest distinction from all parts of the county, who felt interested in the result of the great cause of the assizes. About mid-day a dusty travelling carriage and four dashed into the streets from the London road, and drove up to the principal inn; it contained the Attorney-General (who just finished reading his brief as he entered York) and his clerk. The Attorney-General was a man of striking and highly intellectual countenance; but he looked, on alighting, somewhat fatigued with his long journey. He was a man of extraordinary natural talents, and also a first-rate lawyer—one whose right to take the woolsack, whenever it should become vacant, was recognized by all the profession. His professional celebrity, and his coming down "special" on the present occasion, added to the circumstance of his being well known to be a personal friend of his client, Mr. Aubrey—whence it might be inferred that his great powers would be exerted to their utmost—was well calculated to enhance the interest, if that were possible, of the occasion which had brought him down at so great an expense, and to sustain so heavy a responsibility as the conduct of a cause of such magnitude as this.

He came to lead against a formidable opponent. Mr. Subtle was the leader of the Northern circuit, a man of matchless tact and practical sagacity, and consummately skilful in the conduct of a cause. The only thing he ever looked at, was THE VERDICT; to the gaining of which he directed all his energies, and sacrificed every other consideration. As for display, he despised it. A speech, as such, was his aversion. He entered into a friendly, but exquisitely crafty conversation with the jury; for he was so quick at perceiving the effect of his address on the mind of each of the twelve, and dexterous in accommodating himself to what he had detected to be the passing mood of each, that they individually felt as if they were all the while reasoning with, and being convinced by him. His placid, smiling, handsome countenance, his gentlemanly bearing and insinuating address, full of good-natured cheerful confidence in his cause, were irresistible. He flattered, he soothed, he fascinated the jury, producing an impression upon their minds which they often felt indignant at his opponent's attempting to efface. In fact, as a nisi prius leader he was unrivalled, as well in stating as in arguing a case, as well in examining as cross-examining a witness. It required no little practical experience to form an adequate estimate of Mr. Subtle's skill in the management of a cause; for he did everything with such a smiling, careless, unconcerned air, equally in the great pinch and strain of a case, as in the pettiest details, that you would be apt to suspect that none but the easiest and most straightforward cases fell to his lot!

Titmouse, Titmouse, methinks the fates favored you in assigning to you Mr. Subtle!

Next came Mr. QUICKSILVER, who had received what may be called a muffling retainer. What a contrast was he to Mr. Subtle! Reckless, rhetorical, eloquent, ready, witty—possessing a vast extent of general knowledge, but rather slenderly furnished with law—he presented to the jury, himself—not his client, or his client's case; infinitely more anxious to make a splendid figure in public, than to secure, by watchful activity, the interests of his clients. Why, then, was such a man retained in the cause? 'Twas a fancy of Quirk's, a vast political admirer of Quicksilver's, who had made one or two most splendid speeches for him in libel cases brought against the Sunday Flash. Gammon most earnestly expostulated, but Quirk was inexorable; and himself carried his retainer to Mr. Quicksilver. Gammon, however, was somewhat consoled by the reflection, that this wild elephant would be, in a manner, held in check by Mr. Subtle and Mr. Lynx, who, he hoped, would prevent any serious mischief from happening. Lynx possessed the qualities which his name would suggest to you. I have partly described him already. He was a man of minute accuracy; and "got up" every case in which he was engaged as if his life had depended on the result. Nothing escaped him. He kept his mind constantly even with the current of the cause. He was a man to steer a leader, if ever that leader should get, for an instant, on the wrong tack, or be uncertain as to his course. His suggestion and interference—rare, indeed, with such a man as Mr. Subtle, incessant with Mr. Quicksilver—were always worth attending to, and consequently received with deference.

For Mr. Aubrey also was retained a formidable "BAR." Mr. Attorney-General was a man much superior, in point of intellect and legal knowledge, to Mr. Subtle. His mind was distinguished by its tranquil power. He had a rare and invaluable faculty of arraying before his mind's eye all the facts and bearings of the most intricate case, and contemplating them, as it were, not successively, but simultaneously. His perception was quick as light; and, at the same time—rare, most rare accompaniment!—his judgment sound, his memory signally retentive. Inferior, possibly, to Mr. Subtle in rapid and delicate appreciation of momentary advantages, he was sagacious, where Mr. Subtle was only ingenious. Mr. Attorney-General had as much weight with the judge as Mr. Subtle with the jury. With the former there was a candor and straightforwardness—a dignified simplicity—which insensibly won the confidence of the judge; who, on the other hand, felt himself obliged to be ever on his guard against the slippery sophistries of Mr. Subtle, whom he thus got to regard with constant suspicion.

Mr. STERLING, the second counsel for the defendant, was a king's counsel, and a rival of Mr. Subtle upon the circuit. He was a man of great power; and, on important occasions, no man at the bar could acquit himself with more distinction. As a speaker, he was eloquent and impressive, perhaps deficient in vivacity; but he was a man of clear and powerful intellect; prompt in seizing the bearings of a case; a capital lawyer; and possessing, even on the most trying occasions, imperturbable self-possession.

Mr. CRYSTAL, with some faults of manner and bearing, was an honorable high-minded man; clear-sighted and strong-headed; an accurate and ready lawyer; vigilant and acute.

See, then, the combatants in this memorable encounter; for Titmouse—Mr. SUBTLE, Mr. QUICKSILVER, Mr. LYNX; for Mr. Aubrey—Mr. ATTORNEY-GENERAL, Mr. STERLING, Mr. CRYSTAL.

The consultation of each party was long and anxious.

About eight o'clock on the Sunday evening, at Mr. Subtle's lodgings, Messrs. Quirk, Gammon, and Snap, accompanied by Mr. Mortmain, whom they had brought down to watch the case, made their appearance shortly after Mr. Quicksilver and Mr. Lynx.

"Our case seems complete, now" said Mr. Subtle, casting a penetrating and most significant glance at Messrs. Quirk and Gammon, and then at his juniors, to whom, before the arrival of their clients and Mr. Mortmain, he had been mentioning the essential link which, a month before, he had pointed out as missing, and the marvellous good fortune by which they had been able to supply it at the eleventh hour.

"That tombstone's a godsend, Subtle, isn't it?" said Quicksilver, with a grim smile. Lynx neither smiled nor spoke. He was a very matter-of-fact person. So as the case came out clear and nice in court, he cared about nothing more; at that moment he felt that he should be functus officio!—But whatever might be the insinuation or suspicion implied in the observation of Mr. Subtle, the reader must, by this time, be well aware how little it was warranted by the facts.[30]

"I shall open it very quietly," said Mr. Subtle, putting into his pocket his penknife, with which he had been paring his nails, while Mr. Quicksilver had been talking very fast. "What do you think, Mr. Lynx? Had I better allude boldly to the conveyance executed by Harry Dreddlington, and which becomes useless as soon as we prove his death in his father's lifetime?"

"Ah! there's that blessed tombstone again," interposed Quicksilver, with a sarcastic smile.

—"Or," resumed Mr. Subtle, "content myself with barely making out our pedigree, and let the conveyance of Harry Dreddlington come from the other side?"

"I think, perhaps, that the latter would be the quieter and safer course," replied Lynx.

"By the way, gentlemen," said Mr. Subtle, suddenly, addressing Messrs. Quirk, Gammon, and Snap, "how do we come to know anything about the mortgage executed by Harry Dreddlington?"

"Oh! that you know," replied Quirk, quickly, "we first got scent of in Mr."—— Here he paused suddenly, and turned quite red.

"It was suggested," said Gammon, calmly, "by one of the gentlemen whose opinions we have taken in the case—I forget by whom—that, from some recital, it was probable that there existed such an instrument; and that put us on making inquiry."

"Nothing more likely," added Mortmain, "than that it, or an abstract, or minute of it, should get into Stephen Dreddlington's hands!"

"Ah! well! well!" said Mr. Subtle, shrugging his shoulders,—"I must say there's rather an air of mystery about the case. But—about that tombstone—what sort of witnesses will speak"——

"Will the evidence be requisite," inquired Lynx, "in the plaintiff's case? All we shall have to do will be to prove the fact that Harry died without issue, of which there's satisfactory evidence; and as to the time of his death, that will become material only if they put in the conveyance of Harry."

"True—true; ah! I'll turn that over in my mind. Rely upon it, I'll give Mr. Attorney-General as little to lay hold of as possible. Thank you, Lynx, for the hint. Now, gentlemen," said he, turning to Messrs. Quirk, Gammon, and Snap, "one other question—What kind of looking people are the witnesses who prove the later steps of the pedigree of Mr. Titmouse? Respectable? eh?—You know a good deal will depend on the credit which they may obtain with the jury!"

"They're very decent creditable persons, you will find, sir," said Gammon.

"Good, good. Who struck the special jury?"

"We did, sir."

"Well, I must say that was a very prudent step for you to take! considering the rank in life and circumstances of the respective parties! However, to be sure, if you didn't, they would—so—well; good-night, gentlemen, good-night." So the consultation broke up; and Messrs. Quirk, Gammon, and Snap returned home to their inn in a very serious and anxious mood.

"You're a marvellous prudent person, Mr. Quirk," said Gammon, in a somewhat fierce whisper, as they walked along, "I suppose you would have gone on to explain the little matter of Steggars, and so have had our briefs thrown at our heads"——

"Well, well," grunted Quirk, "that was a slip!" Here they reached their inn. Titmouse was staying there; and in Messrs. Quirk, Gammon, and Snap's absence, he had got very drunk, and was quarrelling under the archway with "Boots;" so they ordered him to bed, they themselves sitting up till a very late hour in the morning.

The consultation at the Attorney-General's had taken place about three o'clock in the afternoon, within an hour after his arrival; and had been attended by Messrs. Sterling, Crystal, and Mansfield—by Mr. Runnington, and Mr. Parkinson, and by Mr. Aubrey, whom the Attorney-General received with the most earnest expressions of sympathy and friendship; listening to every question and every observation of his with the utmost deference.

"It would be both idle and unkind to disguise from you, Aubrey," said he, "that our position is somewhat precarious. It depends entirely on the chance we may have of breaking down the plaintiff's case; for we have but a slender one of our own. I suppose they can bring proof of the death of Harry Dreddlington in his father's lifetime?"

"Oh yes, sir!" answered Mr. Parkinson, "there is an old tombstone behind Yatton church which establishes that fact beyond all doubt: and a week or two ago no fewer than five or six persons have been carefully inspecting it; doubtless they will be called as witnesses to-morrow."

"I feared as much. Then are ours no more than watching briefs. Depend upon it, they would not have carried on the affair with so high a hand if they had not pretty firm ground under foot! Messrs. Quirk, Gammon, and Snap are tolerably well known in town—not over-scrupulous, eh, Mr. Runnington?"

"Indeed, Mr. Attorney, you are right. I don't doubt they are prepared to go all lengths."

"Well, we'll sift their evidence pretty closely, at any rate. So you really have reason to fear, as you intimated when you entered the room, that they have valid evidence of Stephen Dreddlington having left issue?"

"Mr. Snap told me," said Mr. Parkinson, "this morning, that they would prove issue of Stephen Dreddlington, and issue of that issue, as clean as a whistle—that was his phrase."

"Ay, ay—but we mustn't take all for gospel that he would say," replied the Attorney-General, smiling sarcastically.

"They've got two houses filled with witnesses, I understand," said Mr. Runnington.

"Do they seem Yorkshire people, or strangers?"

"Why, most of them that I have seen," replied Parkinson, "seem strangers."

"Ah, they will prove, I suppose," said the Attorney-General, "the later steps of the pedigree, when Stephen Dreddlington married at a distance from his native county."

They then entered into a very full and minute examination of the case; after which,—"Well," said the Attorney-General, evidently fatigued with his long journey, and rising from his chair, "we must trust to what will turn up in the chapter of accidents to-morrow. I shall be expected to dine with the bar to-day," he added; "but immediately after dinner—say at half-past seven o'clock, I shall be here and at your service, if anything should be required." Then the consultation broke up. Mr. Aubrey had, at their earnest entreaty, brought Mrs. Aubrey and Kate from Yatton, on Saturday; for they declared themselves unable to bear the dreadful suspense in which they should be left at Yatton. Yielding, therefore, to these their very reasonable wishes, he had engaged private lodgings at the outskirts of the town. On quitting the consultation, which, without at the same time affecting over-strictness, he had regretted being fixed for Sunday—but the necessity of the case appeared to warrant it—he repaired to the magnificent MINSTER, where the evening prayers were being read, and where were Mrs. Aubrey and Kate. The prayers were being chanted as he entered; and he was conducted to a stall nearly opposite to where those whom he loved so fondly were standing. The psalms allotted for the evening were those in which the royal sufferer, David, was pouring forth the deepest sorrows of his heart; and their appropriateness to Mr. Aubrey's state of mind, added to the effect produced by the melting melody in which they were conveyed to his ears, excited in him, and, he perceived, also in those opposite, the deepest emotion. The glorious pile was beginning to grow dusky with the stealing shadows of evening; and the solemn and sublime strains of the organ, during the playing of the anthem, filled those present, who had any pretensions to sensibility, with mingled feelings of tenderness and awe. Those in whom we are so deeply interested, felt at once subdued and elevated; and as they quitted the darkening fabric, through which the pealing tones of the organ were yet reverberating, they could not help inquiring, should they ever enter it again,—and in what altered circumstances might it be?

To return, however—though it is, indeed, like descending from the holy mountain into the bustle and hubbub of the city at its foot—Mr. Parkinson, being most unexpectedly, and as he felt it unfortunately, summoned to Grilston that afternoon, in order to send up some deeds of a distinguished client to London, for the purpose of immediately effecting a mortgage, set off in a post-chaise, at top-speed, in a very unenviable frame of mind; and by seven o'clock was seated in his office at Grilston, busily turning over a great number of deeds and papers, in a large tin case, with the words "Right Honorable the Earl of Yelverton" painted on the outside. Having turned over almost everything inside, and found all that he wanted, he was going to toss back again all the deeds which were not requisite for his immediate purpose, when he happened to see one lying at the very bottom which he had not before observed. It was not a large, but an old deed—and he took it up and hastily examined it.

We have seen a piece of unexpected good-fortune on the part of Gammon and his client; and the reader will not be disappointed at finding something of a similar kind befalling Mr. Aubrey, even at the eleventh hour. Mr. Parkinson's journey, which he had execrated a hundred times over as he came down, produced a discovery which made him tremble all over with agitation and delighted excitement, and begin to look upon it as almost owing to an interference of Providence. The deed which he looked at, bore an indorsement of the name of "Dreddlington." After a hasty glance over its contents, he tried to recollect by what accident a document, belonging to Mr. Aubrey, could have found its way into the box containing Lord Yelverton's deeds; and it at length occurred to him that, some time before, Mr. Aubrey had proposed advancing several thousand pounds to Lord Yelverton, on mortgage of a small portion of his Lordship's property—but which negotiation had afterwards been broken off; that Mr. Aubrey's title-deeds happened to be at the same time open and loose in his office—and he recollected having considerable trouble in separating the respective documents which had got mixed together. This one, after all, had been by some accident overlooked, till it turned up in this most timely and extraordinary manner! Having hastily effected the object which had brought him back to Grilston, he ordered a post-chaise and four, and within a quarter of an hour was thundering back, at top-speed, on his way to York, which, the horses reeking and foaming, he reached a little after ten o'clock. He jumped out, with the precious deed in his pocket, the instant that his chaise-door was opened, and ran off, without saying more than—"I'm gone to the Attorney-General's." This was heard by many passers-by and persons standing round; and it spread far and wide that something of the utmost importance had transpired, with reference to the great ejectment cause of Mr. Aubrey. Soon afterwards, messengers and clerks, belonging to Mr. Runnington and Mr. Parkinson, were to be seen running to and fro, summoning Mr. Sterling, Mr. Crystal, Mr. Mansfield, and also Mr. Aubrey, to a second consultation at the Attorney-General's. About eleven o'clock they were all assembled. The deed which had occasioned all this excitement, was one calculated indeed to produce that effect; and it filled the minds of all present with astonishment and delight. It was, in a word, a DEED OF CONFIRMATION by OLD DREDDLINGTON, the father of Harry Dreddlington, of the conveyance by the latter to Geoffrey Dreddlington, who, in the manner already mentioned to the reader, had got an assignment of that conveyance to himself. After the Attorney-General had satisfied himself as to the account to be given of the deed—the custody whence it came, namely, the attorney for the defendant; Mr. Parkinson undertaking to swear, without any hesitation, that whatever deeds of Mr. Aubrey's he possessed, he had taken from the muniment room at Yatton—the second consultation broke up. Mr. Aubrey, on hearing the nature and effect of the instrument explained by the Attorney-General and Mr. Mansfield—all his counsel, in short, concurring in opinion as to the triumphant effect which this instrument would produce on the morrow—may be pardoned for regarding it, in the excitement of the moment, as almost a direct interference of Providence.

A few minutes before nine o'clock on the ensuing morning, the occasional shrill blasts of the trumpets announced that the judges were on their way to the Castle, the approaches to which were crowded with carriages and pedestrians of a highly respectable appearance. As the Castle clock finished striking nine, Lord Widdrington, in a short wig and plain black silk gown,[31] took his seat, and the swearing of the special jury commenced. The court was crowded almost to suffocation; all the chief places being filled with persons of distinction in the county. The benches on each side of the judge were occupied by ladies, who—especially the Countess of Oldacre and Lady De la Zouch—evinced a painful degree of anxiety and excitement in their countenances and demeanor. The bar also mustered in great force; the crown court being quite deserted, although "a great murder case" was going on there. The civil court was on the present occasion the point of attraction, not only on account of the interesting nature of the case to be tried, but of the keen contest expected between the Attorney-General and Mr. Subtle. The former, as he entered—his commanding features gazed at by many an anxious eye with hope, and a feeling that on his skill and learning depended that day the destination of the Yatton property—bowed to the judge, and then nodded and shook hands with several of the counsel nearest to him; then he sat down, and his clerk having opened his bags, and taken out his huge brief, he began turning over its leaves with a calm and attentive air, occasionally conversing with his juniors. Every one present observed that the defendant's counsel and attorneys wore the confident looks of winning men; while their opponents, quick-sighted enough, also observed the circumstance, and looked, on that account alone, a shade more anxious than when they had entered the court. Mr. Subtle requested Gammon, whose ability he had soon detected, to sit immediately beneath him; next to Gammon sat Quirk; then Snap; and beside him Mr. Titmouse, with a staring sky-blue flowered silk handkerchief round his neck, a gaudy waistcoat, a tight surtout, and white kid gloves. He looked exceedingly pale, and dared hardly interchange a word with even Snap, who was just as irritable and excited as his senior partners. It was quickly known all over the court which was Titmouse! Mr. Aubrey scarcely showed himself in court all day, though he stood at the door near the bench, and could hear all that passed; Lord De la Zouch and one or two other personal friends standing with him, engaged, from time to time, in anxious conversation.

The jury having been sworn, Mr. Lynx rose, and in a few hurried sentences, to the lay audience utterly unintelligible, intimated the nature of the pleadings in the cause. The Attorney-General then in a low tone requested that all the witnesses might leave the court.[32] As soon as the little disturbance occasioned by this move had ceased, Mr. Subtle rose, and in a low but distinct tone said, "May it please your Lordship—Gentlemen of the Jury,—In this cause I have the honor to appear before you as counsel for the plaintiff; and it now becomes my duty to state as briefly as I can, the nature of his case. It is impossible, gentlemen, that we should not be aware of the unusual interest excited by this cause; and which may be accounted for by the very large estates in this county which are sought this day to be transferred to a comparative stranger, from the family who have long enjoyed them, and of whom I am anxious to say everything respectful; for you will very soon find that the name on the record is that of only the nominal defendant; and although all that is professed to be this day sought to be recovered is a very trifling portion of the property, your verdict will undoubtedly in effect decide the question as to the true ownership and enjoyment of the large estates now held by the gentleman who is the substantial defendant—I mean Mr. Aubrey, the member of Parliament for the borough of Yatton; for whatever answer he might make to an action brought to recover his whole estate, he must make upon the present occasion." Aware of the watchful and formidable opponent who would in due time answer him, and also of being himself entitled to the general reply—to the last word—Mr. Subtle proceeded to state the nature of the plaintiff's case with the utmost brevity and clearness. Scarcely any sound was heard but that of the pens of the short-hand writers, and of the counsel taking their notes. Mr. Subtle, having handed up two or three copies of the pedigree which he held in his hand to the judge, the jury, and his opponents, pointed out with distinctness and precision every link in the chain of evidence which he intended to lay before the jury; and having done this—having presented as few salient points of attack to his opponent as he possibly could—he sat down, professing his entire ignorance of what case could be set up in answer to that which he had opened. He had not been on his legs quite half an hour; and when he ceased—how he had disappointed every one present, except the judge and the bar! Instead of a speech apparently befitting so great an occasion—impressive and eloquent—here had been a brief dry statement of a few uninteresting facts—of dates, of births, deaths, marriages, registers, entries, inscriptions, deeds, wills—without a single touch of feeling, or ray of eloquence. The momentary feeling of disappointment in the audience, however—almost all of whom, it may easily be believed, were in the interest of the Aubreys—quickly yielded to one of satisfaction and relief; as they thought they might regard so meagre a speech as heralding as meagre a case. As soon as he had sat down, Mr. Quicksilver rose and called the first witness. "We're safe!" said the Attorney-General to Mr. Sterling and Mr. Crystal, with his hand before his mouth, and with the very faintest whisper that could be audible to those whom he addressed; and the witness having been sworn, they all resumed their seats and their writing. The first and the subsequent witness established one or two preliminary and formal points—the Attorney-General scarcely rising to put a question to them. The third witness was examined by Mr. Subtle with apparent unconcern, but really with exquisite anxiety. From the earnestness and attention with which the words of the witness were watched and taken down by both the judge and the counsel, who knew somewhat better than the audience where the strain of the case commenced, it must have appeared to the latter, that either Mr. Subtle under-estimated, or his opponents over-estimated, the value of the evidence now in process of being extracted by Mr. Subtle, in short, easy, pointed questions, and with a bland and smiling countenance.

"Not so fast, sir," gruffly interposed Lord Widdrington, addressing the witness.

"Take time, Mr. Jones," said Mr. Subtle, kindly, fearful of ruffling or discomposing an important witness. The Attorney-General rose to cross-examine; pressed him quietly but closely; varied the shape of his questions; now he soothed, then he startled by his sternness; but sat down, evidently having produced no impression. Thus it was with one or two succeeding witnesses; the Attorney-General, on each occasion, resuming his seat after his abortive efforts with perfect composure. At length, however, by a very admirable and well-sustained fire of cross-questioning, he completely demolished a material witness; and the hopes of all interested in behalf of his clients rose high. Mr. Subtle, who had been all the while paring his nails, and from time to time smiling with a careless air, (though you might as safely have touched a tigress suckling her cubs as attempted at that moment to disturb him, so absorbed was he in intense anxiety,) believing that he could establish the same facts by another and, as he thought, a better witness, did not re-examine; but calling that other, with an air of nonchalance, succeeded in extracting from him all that the former had failed in; baffling all the attempts of the Attorney-General to affect his credit. At length, another witness being in the box,—

"I object, my Lord, to that question," said Mr. Attorney-General, as Mr. Subtle, amid many indifferent and apparently irrelevant questions, quietly slipped in one of the greatest possible importance and advantage to him—had it been answered as he desired. 'T was quite delightful to see the Attorney-General and his experienced and watchful juniors all rise at one and the same instant: showing how vain were the tricks and ingenuity of their sly opponent. Mr. Attorney-General stated his objection briefly and pointedly; Mr. Subtle answered him, followed by Quicksilver and Lynx; and then Mr. Attorney-General replied, with great force and clearness. This keen encounter of their wits over—

"I shall allow the question to be put," said Lord Widdrington, after a pause—"But I have great doubts as to its propriety. I will therefore take a note of Mr. Attorney-General's objection." Four or five similar conflicts arose during the course of the plaintiff's case:—now concerning the competency of a witness—then as to the admissibility of a document, or the propriety of a particular question. On each of these occasions there were displayed on both sides consummate logical skill and acuteness, especially by the two leaders. Distinctions, the most delicate and subtle, were suggested with suddenness, and as promptly encountered; the most artful manoeuvres to secure dangerous admissions resorted to, and baffled; the most recondite principles of evidence brought to bear with admirable readiness on both sides. To deal with them, required, indeed, the practised, penetrating, and powerful intellect of Lord Widdrington. Some points he disposed of promptly to the satisfaction of both parties; on others he hesitated, and at length reserved them. Though none but the more experienced and able members of the bar could in the least degree enter into and appreciate the nature of these conflicts, they were watched with untiring attention and eagerness by all present, both ladies and gentlemen—by the lowly and the distinguished. And though the intensity of the feelings of all was manifest by a mere glimpse round the court, yet any momentary display of eccentricity on the part of a witness, or of petulance or repartee on the part of counsel, would occasion a momentary merriment which, in point of fact, served only as a sort of relief to the strained feelings of the audience, and instantly disappeared. The tombstone part of the case was got through easily; scarcely any attempt being made on the part of Mr. Aubrey's counsel to resist or interfere with it. But the great—the hottest part of the fight—occurred at that point of the case, where Titmouse's descent from Stephen Dreddlington was sought to be established. This gentleman, who had been a very wild person, whose movements were very difficult to be traced or accounted for, had entered the navy, and ultimately died at sea, as had always been imagined, single and childless. It was proved, however, that so far from such being the case, he had married a person at Portsmouth, of inferior station, and that by her he had a daughter, only two years before his death. Both mother and daughter, after undergoing great privation, and no notice being taken of the mother by any of her late husband's family, removed to the house of a humble and distant relative in Cumberland, where the mother afterwards died, leaving her daughter only fifteen years old. When she grew up, she lived in some menial capacity in Cumberland, and ultimately married one Gabriel Tittlebat Titmouse; who, after living for some years a cordwainer at Whitehaven, found his way to Grilston, in Yorkshire, in the neighborhood of which town he had lived for some years in very humble circumstances. There he had married; and about two years afterwards his wife died, leaving a son—our friend Tittlebat Titmouse. Both of them afterwards came to London: where, in four or five years' time, the father died, leaving the little Titmouse to flutter and hop about in the wide world as best he could. During the whole of this part of the case, Mr. Gammon had evinced deep anxiety; and at a particular point—perhaps the crisis—his agitation was excessive; yet it was almost entirely concealed by his remarkable self-control. The little documentary evidence of which Gammon, at his first interview with Titmouse, found him possessed, proved at the trial, as Gammon had foreseen, of great importance. The evidence in support of this part of the case, and which it took till two o'clock on the ensuing afternoon to get through, was subjected to a most determined and skilful opposition by the Attorney-General, but in vain. The case had been got up with the utmost care, under the excellent management of Lynx; and Mr. Subtle's consummate tact and ability brought it, at length, fully and distinctly out before the jury.

"That, my Lord," said he, as he sat down after re-examining his last witness, "is the case on the part of the plaintiff." On this the judge and jury withdrew, for a short time, to obtain refreshment. During their absence, the Attorney-General, Mr. Sterling, Mr. Crystal, and Mr. Mansfield, might have been seen, with their heads all laid close together, engaged in anxious consultation—a group gazed at by the eager eyes of many a spectator, whose beating heart wished their cause godspeed. The Attorney-General then withdrew for a few moments, also to seek refreshment; and returning at the same time with the judge, after a moment's pause rose, bowed to the judge, then to the jury, and opened the defendant's case. His manner was calm and impressive; his person was dignified; and his clear, distinct voice fell on the listening ear like the sound of silver. After a graceful allusion to the distinguished character of his friend and client, Mr. Aubrey, (to whose eminent position in the House of Commons he bore his personal testimony,) to the magnitude of the interests now at stake, and the extraordinary nature of the claim set up, he proceeded: "On every account, therefore, I feel sensible, gentlemen, to an unusual and most painful extent, of the very great responsibility now resting upon my learned friends and myself; lest any miscarriage of mine should prejudice in any degree the important interests committed to us, or impair the strength of the case which I am about to submit to you on the part of Mr. Aubrey; a case which, I assure you, unless some extraordinary mischance should befall us, will, I believe, annihilate that which, with so much pains, so much tact, and so much ability, has just been laid before you by my learned friend Mr. Subtle; and establish the defendant in the safe possession of that large property which is the subject of the present most extraordinary and unexpected litigation. But, gentlemen, before proceeding so far as that, it is fitting that I should call your attention to the nature of the case set up on the part of the plaintiff, and the sort of evidence by which it has been attempted to be supported; and I am very sanguine of being successful in showing you that the plaintiff's witnesses are not entitled to the credit to which they lay claim; and, consequently, that there is no case made out for the defendant to answer." He then entered into a rigorous analysis of the plaintiff's evidence, contrasting each conflicting portion with the other, with singular cogency; and commenting with powerful severity upon the demeanor and character of many of the witnesses. On proceeding, at length, to open the case of the defendant—"And here, gentlemen," said he, "I am reminded of the observation with which my learned friend concluded—that he was entirely ignorant of the case which we meant to set up in answer to that which he had opened on the part of the plaintiff. Gentlemen, it would have been curious, indeed, had it been otherwise—had my friend's penetrating eye been able to inspect the contents of my client's strong-box—and so become acquainted with the evidence on which he rests his title to the property now in dispute. My learned friend has, however, succeeded in entitling himself to information on that point; and he shall have it—and to his heart's content." Here Mr. Subtle cast a glance of smiling incredulity towards the jury, and defiance towards the Attorney-General. He took his pen into his hand, however, and his juniors looked very anxious. "Gentlemen," continued the Attorney-General, "I am ready to concede to my learned friend every inch of the case which he has been endeavoring to make out; that he has completely established his pedigree.—At all events, I am ready to concede this for the purpose of the case which is now under discussion before you." He then mentioned the conveyance by Harry Dreddlington of all his interest——"You forget that he died in his father's lifetime, Mr. Attorney-General," interposed Mr. Subtle, with a placid smile, and the air of a man who is suddenly relieved from a vast pressure of anxiety.

"Not a bit of it, gentlemen, not a bit of it—'tis a part of my case. My learned friend is quite right; Harry Dreddlington did die in his father's lifetime:—but"—— Here Mr. Subtle gazed at the Attorney-General with unaffected curiosity; and when the latter came to mention "the Deed of Confirmation by THE FATHER of Harry Dreddlington," an acute observer might have observed a slight change of color in Mr. Subtle. Lynx looked at the Attorney-General as if he expected every instant to receive a musket-ball in his breast!

"What, 'confirm' a NULLITY, Mr. Attorney-General?" interrupted Mr. Subtle, laying down his pen with a smile of derision; but a moment or two afterwards, "Mr. Mortmain," said he, in a hasty whisper, "what do you think of this? Tell me—in four words"—Mortmain, his eye glued to the face of the Attorney-General the while, muttered hastily something about "operating as a new grant—as a new conveyance."

"Pshaw! I mean what's the answer to the Attorney-General?" muttered Mr. Subtle, impatiently; but his countenance preserved its expression of smiling nonchalance. "You will oblige me, Mr. Mortmain," he by-and-by whispered in a quiet but peremptory tone, "by giving your utmost attention to the question as to the effect of this deed—so that I may shape my objection to it properly when it is tendered in evidence. If it really have the legal effect attributed to it, and which I suspect it really to have, we may as well shut up our briefs. I thought there must be some such cursed point or other in the background!"

Gammon saw the real state of Mr. Subtle's mind, and his cheek turned pale, but he preserved a smile on his countenance, as he sat with his arms folded. Quirk eyed him with undisguised agitation, scarce daring to look up at Mr. Subtle. Titmouse, seeing a little dismay in his camp, turned very white and cold, and sat still, scarce daring to breathe; while Snap looked like a terrier consciously going to have its teeth pulled out!

At length the Attorney-General, after stating that, in addition to the case which he had intimated, as resting mainly on the deed of confirmation, he should proceed to prove the pedigree of Mr. Aubrey, sat down, having spoken about two hours and a half, expressing his conviction that when the defendant's evidence should have been closed, the jury, under his Lordship's direction, would return a verdict for the defendant; and that, too, without leaving the jury-box, where, by their long and patient attention, they had so honorably acquitted themselves of the important duty imposed upon them by the constitution.

"James Parkinson!" exclaimed Mr. Sterling, quietly but distinctly, as the Attorney-General sat down. "You are the attorney for the defendant?" inquired Mr. Sterling, as soon as the witness had been sworn. "Do you produce a conveyance between Harry Dreddlington and Moses Aaron?" &c. (specifying it.) It was proved and put in, without much opposition. So also was another—the assignment from Moses Aaron to Geoffrey Dreddlington.

"Do you also produce a deed between Harry Dreddlington the elder and Geoffrey Dreddlington?" and he mentioned the date and names of all the parties to the deed of confirmation. Mr. Parkinson handed in the important document.

"Stay, stay; where did you get that deed, Mr. Parkinson?" inquired Mr. Subtle, sharply, extending his hand for the deed.

"From my office at Grilston, where I keep many of Mr. Aubrey's title-deeds."

"When did you bring it hither?"

"About ten o'clock last night, for the purpose of this trial."

"How long has it been at your office?"

"Ever since I fetched it, a year or two ago, with other deeds from the muniment room of Yatton Hall."

"How long have you been solicitor to Mr. Aubrey?"

"For this ten years; and my father was solicitor to his father for twenty-five years."

"Will you swear that this deed was in your office before the proceedings in this action were brought to your notice?"

"I have not the slightest doubt in the world."

"That does not satisfy me, sir. Will you swear that it was?"

"I will, sir," replied Mr. Parkinson, firmly. "It never attracted any more notice from me than any other of Mr. Aubrey's deeds, till my attention was drawn to it in consequence of these proceedings."

"Has any one access to Mr. Aubrey's deeds at your office but yourself?"

"None that I know of; I keep all the deeds of my clients which are at my office, in their respective boxes; and allow no one access to them, except under my immediate notice, and in my presence."

Then Mr. Subtle sat down.

"My Lord, we now propose to put in this deed," said the Attorney-General, unfolding it.

"Allow me to look at it, Mr. Attorney," said Mr. Subtle. It was handed to him; and he, his juniors, and Mr. Mortmain, rising up, were engaged most anxiously in scrutinizing it for some minutes. Mortmain having looked at the stamp, sat down, and opening his bag, hastily drew out an old well-worn volume which contained all the stamp acts that had ever been passed from the time of William the Third, when, I believe, the first of those blessings was conferred upon this country. First he looked at the deed—then at his book—then at the deed again; and at length might be seen, with earnest gestures, putting Mr. Subtle in possession of some opinion which he had formed on the subject. "My Lord," said Mr. Subtle, after a pause, "I object to this instrument being received in evidence, on account of the insufficiency of the stamp." This produced quite a sensation in court. Mr. Subtle then proceeded to mention the character of the stamp affixed to the deed, and read the act which was in force at the time that the deed bore date; and, after a few additional observations, sat down, and was followed by Mr. Quicksilver and Mr. Lynx. Then arose the Attorney-General, having in the mean time carefully looked at the act of Parliament, and submitted to his Lordship that the stamp was sufficient; being followed by his juniors. Mr. Subtle replied at some length.

"I certainly entertain some difficulty on the point," said his Lordship, "and will mention the matter to my brother Grayley." Taking with him the deed, and Mr. Mortmain's copy of the stamp acts, his Lordship left the court, and was absent a quarter of an hour—half an hour—three quarters of an hour; and at length returned.

"I have consulted," said his Lordship, as soon as he had taken his seat amid the profoundest silence, "my brother Grayley, and we have very fully considered the point. My brother happens, fortunately, to have by him a manuscript note of a case in which he was counsel, about eighteen years ago, and in which the exact point arose which exists in the present case." He then read out of a thick manuscript book, which he had brought with him from Mr. Justice Grayley, the particulars of the case alluded to, and which were certainly almost precisely similar to those then before the court. In the case referred to, the stamp had been held sufficient; and so, his Lordship and his brother Grayley were of opinion, was the stamp in the deed then before him. The cloud which had settled upon the countenances of the Attorney-General and his party, here flitted over to, and settled upon, those of his opponents. "Your Lordship will perhaps take a note of the objection," said Mr. Subtle, somewhat chagrined. Lord Widdrington nodded, and immediately made the requisite entry in his notes.

"Now, then, we propose to put in and read this deed," said the Attorney-General, with a smile of suppressed triumph, holding out his hand towards Mr. Lynx, who was scrutinizing it very eagerly—"I presume my learned friend will require only the operative parts to be read"—here Lynx, with some excitement, called his leader's attention to something which had occurred to him in the deed: up got Quicksilver and Mortmain; and presently—

"Not quite so fast, Mr. Attorney, if you please," said Mr. Subtle, with a little elation of manner—"I have another, and I apprehend a clearly fatal objection to the admissibility of this deed, till my learned friend shall have accounted for an ERASURE"——

"Erasure!" echoed the Attorney-General, with much surprise—"Allow me to see the deed;" and he took it with an incredulous smile, which, however, disappeared as he looked more and more closely at the instrument; Mr. Sterling, Mr. Crystal, and Mr. Mansfield also looking extremely serious.

"I've hit them now," said Mr. Subtle to those behind him, as he leaned back, and looked with no little triumph at his opponents—"Was there ever anything so lucky in this world before?" From what apparently inadequate and trifling causes often flow great results! The plain fact of the case was merely this. The attorney's clerk, in copying out the deed, which was one of considerable length, had written eight or ten words by mistake; and fearing to exasperate his master, by rendering necessary a new deed and stamp, and occasioning trouble and delay, had neatly scratched out the erroneous words, and over the erasure written the correct ones. As he was the party who was intrusted with seeing to and witnessing the execution of the instrument, he of course took no notice of the alteration, and—see the result! The ownership of an estate of ten thousand a-year about to turn upon the effect of this erasure!

"Hand me up the deed," said the judge; and inspected it minutely for a minute or two, holding it up, once or twice, to the light.

"Has any one a magnifying-glass in court?" inquired the Attorney-General, with a look of increasing anxiety. No one happened to have one.

"Is it necessary, Mr. Attorney?" said Lord Widdrington, handing down the instrument to him with an ominous look.

"Well—you object, of course, Mr. Subtle—as I understand you—that this deed is void, on account of an erasure in a material part of it?" inquired Lord Widdrington.

"That is my objection, my Lord," said Mr. Subtle, sitting down.

"Now, Mr. Attorney," continued the judge, turning to the Attorney-General, prepared to take a note of any observations which he might offer. The spectators—the whole court—were aware that the great crisis of the case had arrived; and there was a sickening silence. The Attorney-General, with perfect calmness and self-possession, immediately addressed the court in answer to this very critical and unexpected objection. That there was an erasure, which, owing to the hurry with which the instrument had been examined, had been overlooked, was indisputable. The Attorney-General's argument was, first, that the erasure was in a part not material; secondly, that even if in a material part of the deed, it would not be avoided, but the alteration would be presumed to have taken place before the execution of the deed.[33] It was easy to see that he spoke with the air of a man who argues contra spem. What he said, however, was pertinent and forcible; the same might be said of Mr. Sterling and Mr. Crystal; but they were all plainly gravelled. Mr. Subtle replied with cruel cogency.

"Well," said Lord Widdrington, when Mr. Subtle had concluded, "I own I feel scarcely any doubt upon the matter; but as it is certainly of the greatest possible importance in the present case, I will just see how it strikes my brother Grayley." With this he took the deed in his hand and quitted the court. He touched Mr. Aubrey, in passing to his private room, holding the deed before him! After an absence of about ten minutes, Lord Widdrington returned.

"Silence! silence there!" bawled the crier; and the bustle had soon subsided into profound silence.

"I think, and my brother Grayley agrees with me," said Lord Widdrington, "that I ought not to receive this deed in evidence, unless the erasure occurring in an essential part of it be first accounted for. Unless, therefore, you are prepared, Mr. Attorney, with any evidence of that kind, I shall not receive the deed." The Attorney-General bowed, in silence, to his Lordship.

There was a faint buzz all over the court—a buzz of excitement, anxiety, and disappointment; during which the Attorney-General consulted for a moment or two with his juniors.

"Undoubtedly, my Lord," said he at length, "we are not prepared with any evidence to explain a circumstance which has taken us entirely by surprise. After this length of time, my Lord, of course"——

"Certainly—it is a great misfortune for the parties—a great misfortune. Of course you tender the deed in evidence?" he continued, taking a note.

"We do, my Lord, certainly," replied the Attorney-General; and sitting down, he and his juniors took a note of the decision; Lord Widdrington and the Attorney-General's opponents doing the same.

You should have seen the faces of Messrs. Quirk, Gammon, and Snap, as they looked at Mr. Parkinson, with an agitated air, returning the rejected deed to the bag from which it had been lately taken with so confident and triumphant an air!—The remainder of the case, which had been opened by the Attorney-General on behalf of Mr. Aubrey, was then proceeded with; but in spite of all their assumed calmness, the disappointment and distress of his counsel were perceptible to all. They were now dejected—they felt that the cause was lost, unless some extraordinary good fortune should yet befall them. They were not long in establishing the descent of Mr. Aubrey from Geoffrey Dreddlington. It was necessary to do so; for grievously as they had been disappointed in failing to establish the title paramount, founded upon the deed of confirmation of Mr. Aubrey, it was yet an important question for the jury, whether they believed the evidence adduced by the plaintiff to show title in himself.

"That, my Lord, is the defendant's case," said the Attorney-General as his last witness left the box; and Mr. Subtle then rose to reply. He felt how unpopular was his cause; that almost every countenance around him bore a hostile expression. Privately, he loathed his case, when he saw the sort of person for whom he was struggling. All his sympathies (he was a very proud, haughty man) were on behalf of Mr. Aubrey, whom by name and reputation he well knew, and with whom he had often sat in the House of Commons. Now, conspicuous before him, sat his little monkey-client, Titmouse—a ridiculous object; and calculated, if there were any scope for the influence of prejudice, to ruin his own cause by the exhibition of himself before the jury. That was the vulgar idiot who was to turn the admirable Aubreys out of Yatton, and send them beggared into the world! But Mr. Subtle was a high-minded English advocate; and if he had seen Miss Aubrey in all her loveliness, and knew that her all depended upon the success of his exertions, he could hardly have exerted himself more strenuously than he did on the present occasion. And such, at length, was the effect which that exquisitely skilful advocate produced, in his address to the jury, that he began to bring about a change in the feelings of most around him; even the eye of scornful beauty began to direct fewer glances of indignation and disgust upon Titmouse, as Mr. Subtle's irresistible rhetoric drew upon their sympathies in that young gentleman's behalf. "My learned friend, the Attorney-General, gentlemen, dropped one or two expressions of a somewhat disparaging tendency," said Mr. Subtle, "in alluding to my client, Mr. Titmouse; and shadowed forth a disadvantageous contrast between the obscure and ignorant plaintiff, and the gifted defendant. Good heavens, gentlemen! and is my humble client's misfortune to become his fault? If he be obscure and ignorant, unacquainted with the usages of society, deprived of the blessings of a superior education—if he have contracted vulgarity, whose fault is it?—Who has occasioned it? Who plunged him and his parents before him into an unjust poverty and obscurity, from which Providence is about this day to rescue him, and put him in possession of his own? Gentlemen, if topics like these must be introduced into this case, I ask you who is accountable for the present condition of my unfortunate client? Is he, or are those who have been, perhaps unconsciously, but still unjustly, so long revelling in the wealth which is his? Gentlemen, in the name of everything that is manly and generous, I challenge your sympathy, your commiseration, for my client." Here Titmouse, who had been staring open-mouthed for some time at his eloquent advocate, and could be kept quiet no longer by the most vehement efforts of Messrs. Quirk, Gammon, and Snap, rose up in an excited manner, exclaiming, "Bravo! bravo, bravo, sir! 'Pon my life, capital! It's quite true—bravo! bravo!" His astounded advocate paused at this unprecedented interruption. "Take the puppy out of court, sir, or I will not utter one word more," said he, in a fierce whisper to Mr. Gammon.

"Who is that? Leave the court, sir! Your conduct is most indecent, sir! I have a great mind to commit you, sir!" said Lord Widdrington, directing an awful look down to the offender, who had turned of a ghastly whiteness.

"Have mercy upon me, my Lord! I'll never do it again," he groaned, clasping his hands, and verily believing that Lord Widdrington was going to take the estate away from him.

Snap at length succeeded in getting him out of court, and after the excitement occasioned by this irregular interruption had subsided, Mr. Subtle resumed:—

"Gentlemen," said he, in a low tone, "I perceive that you are moved by this little incident; and it is characteristic of your superior feelings. Inferior persons, destitute of sensibility or refinement, might have smiled at eccentricities, which occasion gentlemen like yourselves only feelings of greater commiseration. I protest, gentlemen"—— his voice trembled for a moment, but he soon resumed his self-possession; and, after a long and admirable address, sat down, confident of the verdict.

"If we lose the verdict, sir," said he, bending down and whispering into the ear of Gammon, "we may thank that execrable little puppy for it." Gammon changed color, but made no reply.

Lord Widdrington then commenced summing up the case to the jury with his usual care and perspicacity. Nothing could be more beautiful than the ease with which he extricated the facts of the case from the meshes in which they had been alternately involved by Mr. Subtle and the Attorney-General. As soon as he had explained to them the general principles of law applicable to the case, he placed before them the facts proved by the plaintiff, and then the answer of the defendant: every one in court trembling for the result, if the jury should take the same view which he felt compelled himself to take. The judge suggested that they should retire to consider the case, taking with them the pedigrees which had been handed in to them; and added that, if they should require his assistance, he should remain in his private room for an hour or two. Both judge and jury then retired, it being about eight o'clock. Candles were lit in the court, which continued crowded to suffocation. Few doubted which way the verdict would go. Fatigued as must have been most of the spectators with a two days' confinement and excitement,—ladies as well as gentlemen,—scarce a person thought of quitting before the verdict had been pronounced. After an hour and a half's absence, a cry was heard from the bailiff in whose charge the jury had retired—"Clear the way for the jury;" and one or two officers, with their wands, obeyed the directions. As the jury were re-entering their box, struggling with a little difficulty through the crowd, Lord Widdrington resumed his seat upon the bench.

"Gentlemen of the jury, have the goodness," said the associate, "to answer to your names.—Sir Godolphin Fitzherbert"—— and, while their names were thus called over, all the counsel took their pens, and, turning over their briefs with an air of anxiety, prepared to indorse on them the verdict. As soon as all the jurymen had answered, a profound silence ensued.

"Gentlemen of the jury," inquired the associate, "are you agreed upon your verdict? Do you find for the plaintiff, or for the defendant?"

"FOR THE PLAINTIFF," replied the foreman; on which the officer, amid a kind of blank dismayed silence, making at the same time some hieroglyphics upon the record, muttered—"Verdict for the Plaintiff.—Damages, one shilling. Costs, forty shillings;" while another functionary bawled out, amid the increasing buzz in the court, "Have the goodness to wait, gentlemen of the jury. You will be paid immediately." Whereupon, to the disgust and indignation of the unlearned spectators, and the astonishment of some of the gentlemen of the jury themselves—many of them the very first men of the county—Snap jumped up on the form, pulled out his purse with an air of wild exultation, and proceeded to remunerate Sir Godolphin Fitzherbert and his companions with the sum of two guineas each. Proclamation was then made, and the court adjourned till the next morning.



NOTES.

Note 1. Page 11.

Thomas De Quincey—a man whose genius and diversified and profound acquirements constitute him one of the most remarkable men of the age; and the book quoted in the text is worthy of him.

Note 2. Page 20.

The legislature hath since shown many indications of agreement with the opinion of my unhappy swell: having lately abolished arrest on mesne process altogether, as affording creditors too serious a chance of preventing the escape of a fraudulent debtor; and having still more recently made a step towards the abolition of arrest on final process! [1844.]

Note 3. Page 60.

[Greek:Tou_ kai a)po glo/sses me/litos glyki/on r(e/en au)e/]

Note 4. Page 107.

Blackstone's Commentaries, vol. iv. pp. 134-5.

Note 5. Page 108.

Blackstone, vol. iii. p. 400, where it is stated, however, that "that practice is now disused."

Note 6. Page 110.

Blackstone's Commentaries, vol. iv. p. 135.

Note 7. Page 113.

By a very recent statute (6 and 7 Vict. c. 73, Sec.Sec. 37, 43)—passed in 1843—salutary alterations have been made in the law regulating the taxation of the bills of attorneys and solicitors. Except "under special circumstances," a client cannot now have his attorney's or solicitor's bill taxed, after the lapse of twelve months since it was delivered. If as much as one-sixth of the bill be struck off, the attorney or solicitor must pay the costs of the operation; if less than one-sixth, the client will have that satisfaction.

Note 8. Page 122.

This was written about the year 1838-9.

Note 9. Page 124.

This mode of treating the remains of a felo de se was (on the 8th July 1823) abolished by Act of Parliament (stat. 4 Geo. IV). The remains of a felo de se are ordered by that act to be buried privately in the churchyard, but without the performance of any rites of Christian burial. The Prayer-book also prohibits the "office for the burial of the dead from being used for any that have laid violent hands upon themselves."

Note 10. Page 160.

I suppose myself to be alluding here to a very oppressive statute, passed to clip the wings of such gentlemen as Mr. Snap, by which it is enacted that, in actions for slander, if the jury find a verdict under forty shillings, e. g. as in the case in the text, for one farthing, the plaintiff shall be entitled to recover from the defendant only as much costs as damages, i. e. another farthing; a provision which has made many a poor pettifogger sneak out of court with a flea in his ear. Since this was written, a still more stringent statute hath been made, which, 'tis to be hoped, will put down the nuisance.

Note 11. Page 196.

"Can the author of Ten Thousand a-Year," asked some anonymous person during its original appearance—"point out any class of Dissenters who allow their members to frequent theatres?" The author believes that this is the case with Unitarians—and also with many of the members of other Dissenting congregations—especially the younger members of even the stanchest Dissenting families.

Note 12. Page 212.

This fearful-looking word, I wish to inform my lady-readers, is an original and monstrous amalgamation of three or four Greek words—[Greek:kyano-chait-anthropo-poion]—denoting a fluid "which can render the human hair black." Whenever a barber or perfumer determines on trying to puff off some villanous imposition of this sort, strange to say, he goes to some starving scholar, and gives him half-a-crown to coin a word like the above; one which shall be equally unintelligible and unpronounceable, and therefore attractive and popular.

Note 13. Page 243.

"Vitas hinnuleo me similis, Chloe, Quaerenti pavidam—— Matrem. —— et corde et genibus tremit."—Hor. i. 23.

Note 14. Page 264.

See ante, p. 138.

Note 15. Page 307.

So much curiosity has been excited among lay readers in this country and in America, and also among professional persons in France and Germany, as to the real nature of the species of action mentioned in the text, that the author is induced here to give some further account of a matter which enters so considerably into the construction of this story. The action of Ejectment is described with minute accuracy in the text; has been in existence for at least five hundred years, (i. e. since the close of Edward II., or beginning of Edward III., A. D. 1327;) and its venerable but tortuous fiction has been scarcely even touched by the "amending hand," which lately (1834) cut away so many cumbrous, complicated, and quasi obsolete portions of the law of action, (see Stat. 3 and 4 Will. 4, c. 27, Sec. 36.) The progress of this action is calculated to throw much light on some of our early history and jurisprudence. See an interesting sketch of it in the first chapter of Mr. Sergeant Adams' Treatise on Ejectment. It was resorted to for the purpose of escaping from the other dilatory, intricate, and expensive modes of recovering landed property anciently in existence. The following is the description given of it by Lord Mansfield—and is equally terse and correct, and applicable to the present mode of procedure. "An EJECTMENT is an ingenious fiction for the Trial of Titles to the possession of Land. In form it is a trick between two, to dispossess a third by a sham suit and judgment. The artifice would be criminal, unless the Court converted it into a fair trial with the proper party. The control the Court have over the judgment against the Casual Ejector, enables them to put any terms upon the plaintiff which are just. He was soon ordered to give notice to the tenant in possession. When the tenant in possession asked to be admitted defendant, the Court was enabled to add CONDITIONS; and therefore obliged him to allow the fiction, and go to Trial on the real merits."—(Fair Claim v. Sham Title,[*] 3 Burr. 1294.) This action is now, in effect, the only direct common-law remedy for the recovery of land in England and Ireland; in many of the United States of America the action of Ejectment is retained—"with its harmless, and—as matter of history—curious and amusing English fictions."—(4 Kent's Comment. p. 70, note e:) but in New York, the action of Ejectment is "stripped of all its fictitious parts."—(Id. ib.)