"Do you mean to say that he advanced 9,000 in hard cash?" said the Solicitor-General.
"That includes interest at five per cent., Sir William, and also a small sum for bills paid by Thomas Thwaite on her behalf. She has had in actual cash about 7,000."
"And where has it gone?"
"A good deal of it through my hands," said Mr. Goffe boldly. "During two or three years she had no income at all, and during the last twenty years she has been at law for her rights. He advanced all the money when that trial for bigamy took place."
"G.o.d bless my soul!" said Mr. Serjeant Bluestone.
"Did he leave a will?" asked the Solicitor-General.
"Oh, yes; a will which has been proved, and of which I have a copy.
There was nothing else to leave but this debt, and that is left to the son."
"It should certainly be paid without delay," said Mr. Hardy. Mr.
Mainsail questioned whether they could get the money. Mr. Goffe doubted whether it could be had before the whole affair was settled.
Mr. Flick was sure that on due representation the amount would be advanced at once. The income of the property was already acc.u.mulating in the hands of the court, and there was an anxiety that all just demands,--demands which might be considered to be justly made on the family property,--should be paid without delay. "I think there would hardly be a question," said Mr. Hardy.
"Seven thousand pounds advanced by these two small tradesmen to the Countess Lovel," said the Solicitor-General, "and that done at a time when no relation of her own or of her husband would lend her a penny!
I wish I had known that when I went into court yesterday."
"It would hardly have done any good," said the Serjeant.
"It would have enabled one at any rate to give credit where credit is due. And this son is the man who claims to be affianced to the Lady Anna?"
"The same man, Sir William," said Mr. Goffe.
"One is almost inclined to think that he deserves her."
"I can"t agree with you there at all," said the Serjeant angrily.
"One at any rate is not astonished that the young lady should think so," continued the Solicitor-General. "Upon my word, I don"t know how we are to expect that she should throw her early lover overboard after such evidence of devotion."
"The marriage would be too incongruous," said Mr. Hardy.
"Quite horrible," said the Serjeant.
"It distresses one to think of it," said Mr. Goffe.
"It would be much better that she should not be Lady Anna at all, if she is to do that," said Mr. Mainsail.
"Very much better," said Mr. Flick, shaking his head, and remembering that he was employed by Lord Lovel and not by the Countess,--a fact of which it seemed to him that the Solicitor-General altogether forgot the importance.
"Gentlemen, you have no romance among you," said Sir William. "Have not generosity and valour always prevailed over wealth and rank with ladies in story?"
"I do not remember any valorous tailors who have succeeded with ladies of high degree," said Mr. Hardy.
"Did not the lady of the Strachy marry the yeoman of the wardrobe?"
asked the Solicitor-General.
"I don"t know that we care much about romance here," said the Serjeant. "The marriage would be so abominable, that it is not to be thought of."
"The tailor should at any rate get his money," said the Solicitor-General, "and I will undertake to say that if the case be as represented by Mr. Goffe--"
"It certainly is," said the attorney.
"Then there will be no difficulty in raising the funds for paying it.
If he is not to have his wife, at any rate let him have his money.
I think, Mr. Flick, that intimation should be made to him that Earl Lovel will join the Countess in immediate application to the court for means to settle his claim. Circ.u.mstanced as we are at present, there can be no doubt that such application will have the desired result. It should, of course, be intimated that Serjeant Bluestone and myself are both of opinion that the money should be allowed for the purpose."
As the immediate result of this conversation, Daniel Thwaite received on the following morning letters both from Mr. Goffe and Mr. Flick.
The former intimated to him that a sum of nine thousand odd pounds was held to be due to him by the Countess, and that immediate steps would be taken for its payment. That from Mr. Flick, which was much shorter than the letter from his brother attorney, merely stated that as a very large sum of money appeared to be due by the Countess Lovel to the estate of the late Thomas Thwaite, for sums advanced to the Countess during the last twenty years, the present Earl Lovel had been advised to join the Countess in application to the courts, that the amount due might be paid out of the income of the property left by the late Earl; and that that application would be made "_immediately_." Mr. Goffe in his letter, went on to make certain suggestions, and to give much advice. As this very large debt, of which no proof was extant, was freely admitted by the Countess, and as steps were being at once taken to ensure payment of the whole sum named to Daniel Thwaite, as his father"s heir, it was hoped that Daniel Thwaite would at once abandon his preposterous claim to the hand of Lady Anna Lovel. Then Mr. Goffe put forward in glowing colours the iniquity of which Daniel Thwaite would be guilty should he continue his fruitless endeavours to postpone the re-establishment of a n.o.ble family which was thus showing its united benevolence by paying to him the money which it owed him.
CHAPTER x.x.xI.
THE VERDICT.
On the Wednesday the court rea.s.sembled in all its judicial glory.
There was the same crowd, the same Lord Chief Justice, the same jury, and the same array of friendly lawyers. There had been a rumour that a third retinue of lawyers would appear on behalf of what was now generally called the Italian interest, and certain words which had fallen from the Solicitor-General on Monday had a.s.sured the world at large that the Italian interest would be represented. It was known that the Italian case had been confided to a firm of enterprising solicitors, named Mowbray and Mopus, perhaps more feared than respected, which was supposed to do a great amount of speculative business. But no one from the house of Messrs. Mowbray and Mopus was in court on the Wednesday morning; and no energetic barrister was ever enriched by a fee from them on behalf of the Italian widow.
The speculation had been found to be too deep, the expenditure which would be required in advance too great, and the prospect of remuneration too remote even for Mowbray and Mopus. It appeared afterwards that application had been made by those gentlemen for an a.s.surance that expenses incurred on behalf of the Italian Countess should be paid out of the estate; but this had been refused. No guarantee to this effect could be given, at any rate till it should be seen whether the Italian lady had any show of justice on her side.
It was now the general belief that if there was any truth at all in the Italian claim, it rested on the survivorship, at the time of the c.u.mberland marriage, of a wife who had long since died. As the proof of this would have given no penny to any one in Italy,--would simply have shown that the Earl was the heir,--Messrs. Mowbray and Mopus retired, and there was an end, for ever and a day, of the Italian interest.
Though there was the same throng in the court as on the Monday, there did not seem to be the same hubbub on the opening of the day"s proceedings. The barristers were less busy with their papers, the attorneys sat quite at their ease, and the Chief Justice, with an a.s.sistant judge, who was his bench-fellow, appeared for some minutes to be quite pa.s.sive. Then the Solicitor-General arose and said that, with permission, he would occupy the court for only a few minutes.
He had stated on Monday his belief that an application would be made to the court on behalf of other interests than those which had been represented when the court first met. It appeared that he had been wrong in that surmise. Of course he had no knowledge on the subject, but it did not appear that any learned gentleman was prepared to address the court for any third party. As he, on behalf of his client, had receded from the case, his Lordship would probably say what, in his Lordship"s opinion, should now be the proceeding of the court. The Earl Lovel abandoned his plea, and perhaps the court would, in those circ.u.mstances, decide that its jurisdiction in the matter was over. Then the Lord Chief Justice, with his a.s.sistant judge, retired for a while, and all the a.s.sembled crowd appeared to be at liberty to discuss the matter just as everybody pleased.
It was undoubtedly the opinion of the bar at large, and at that moment of the world in general, that the Solicitor-General had done badly for his client. The sum of money which was at stake was, they said, too large to be played with. As the advocate of the Earl, Sir William ought to have kept himself aloof from the Countess and her daughter. In lieu of regarding his client, he had taken upon himself to set things right in general, according to his idea of right. No doubt he was a clever man, and knew how to address a jury, but he was always thinking of himself, and bolstering up something of his own, instead of thinking of his case and bolstering up his client. And this conception of his character in general, and of his practice in this particular, became the stronger, as it was gradually believed that the living Italian Countess was certainly an impostor. There would have been little good in fighting against the English Countess on her behalf;--but if they could only have proved that the other Italian woman, who was now dead, had been the real Countess when the c.u.mberland marriage was made, then what a grand thing it would have been for the Lovel family! Of those who held this opinion, the rector of Yoxham was the strongest, and the most envenomed against the Solicitor-General. During the whole of that Tuesday he went about declaring that the interests of the Lovel family had been sacrificed by their own counsel, and late in the afternoon he managed to get hold of Mr. Hardy. Could nothing be done? Mr. Hardy was of opinion that nothing could be done now; but in the course of the evening he did, at the rector"s instance, manage to see Sir William, and to ask the question, "Could nothing be done?"
"Nothing more than we propose to do."
"Then the case is over," said Mr. Hardy. "I am a.s.sured that no one will stir on behalf of that Italian lady."
"If any one did stir it would only be loss of time and money. My dear Hardy, I understand as well as any one what people are saying, and I know what must be the feeling of many of the Lovels. But I can only do my duty by my client to the best of my judgment. In the first place, you must remember that he has himself acknowledged the Countess."
"By our advice," said Mr. Hardy.
"You mean by mine. Exactly so;--but with such conviction on his own part that he positively refuses to be a party to any suit which shall be based on the a.s.sumption that she is not Countess Lovel.
Let an advocate be ever so obdurate, he can hardly carry on a case in opposition to his client"s instructions. We are acting for Lord Lovel, and not for the Lovel family. And I feel a.s.sured of this, that were we to attempt to set up the plea that that other woman was alive when the marriage took place in c.u.mberland, you, yourself, would be ashamed of the evidence which it would become your duty to endeavour to foist upon the jury. We should certainly be beaten, and, in the ultimate settlement of the property, we should have to do with enemies instead of friends. The man was tried for bigamy and acquitted. Would any jury get over that unless you had evidence to offer to them that was plain as a pikestaff, and absolutely incontrovertible?"
"Do you still think the girl will marry the Earl?"
"No; I do not. She seems to have a will of her own, and that will is bent the other way. But I do think that a settlement may be made of the property which shall be very much in the Earl"s favour." When on the following morning the Solicitor-General made his second speech, which did not occupy above a quarter of an hour, it became manifest that he did not intend to alter his course of proceeding, and while the judges were absent it was said by everybody in the court that the Countess and Lady Anna had gained their suit.
"I consider it to be a most disgraceful course of proceeding on the part of Sir William Patterson," said the rector to a middle-aged legal functionary, who was managing clerk to Norton and Flick.