The Leavenworth Case
Page 19
XIX. IN MY OFFICE
“Something between an hindrance and a help.” Wordsworth.
THE next day as, with nerves unstrung and an exhausted brain, I enteredmy office, I was greeted by the announcement:
“A gentleman, sir, in your private room--been waiting some time, veryimpatient.”
Weary, in no mood to hold consultation with clients new or old, Iadvanced with anything but an eager step towards my room, when, uponopening the door, I saw--Mr. Clavering.
Too much astounded for the moment to speak, I bowed to him silently,whereupon he approached me with the air and dignity of a highly bredgentleman, and presented his card, on which I saw written, in free andhandsome characters, his whole name, Henry Ritchie Clavering. After thisintroduction of himself, he apologized for making so unceremoniousa call, saying, in excuse, that he was a stranger in town; that hisbusiness was one of great urgency; that he had casually heard honorablemention of me as a lawyer and a gentleman, and so had ventured to seekthis interview on behalf of a friend who was so unfortunately situatedas to require the opinion and advice of a lawyer upon a question whichnot only involved an extraordinary state of facts, but was of a naturepeculiarly embarrassing to him, owing to his ignorance of American laws,and the legal bearing of these facts upon the same.
Having thus secured my attention, and awakened my curiosity, he asked meif I would permit him to relate his story. Recovering in a measure frommy astonishment, and subduing the extreme repulsion, almost horror,I felt for the man, I signified my assent; at which he drew from hispocket a memorandum-book from which he read in substance as follows:
“An Englishman travelling in this country meets, at a fashionablewatering-place, an American girl, with whom he falls deeply in love, andwhom, after a few days, he desires to marry. Knowing his position to begood, his fortune ample, and his intentions highly honorable, he offersher his hand, and is accepted. But a decided opposition arising in thefamily to the match, he is compelled to disguise his sentiments, thoughthe engagement remained unbroken. While matters were in this uncertaincondition, he received advices from England demanding his instantreturn, and, alarmed at the prospect of a protracted absence from theobject of his affections, he writes to the lady, informing her ofthe circumstances, and proposing a secret marriage. She consents withstipulations; the first of which is, that he should leave her instantlyupon the conclusion of the ceremony, and the second, that he shouldintrust the public declaration of the marriage to her. It was notprecisely what he wished, but anything which served to make her hisown was acceptable at such a crisis. He readily enters into the plansproposed. Meeting the lady at a parsonage, some twenty miles from thewatering-place at which she was staying, he stands up with her beforea Methodist preacher, and the ceremony of marriage is performed. Therewere two witnesses, a hired man of the minister, called in for thepurpose, and a lady friend who came with the bride; but there was nolicense, and the bride had not completed her twenty-first year. Now, wasthat marriage legal? If the lady, wedded in good faith upon that day bymy friend, chooses to deny that she is his lawful wife, can he holdher to a compact entered into in so informal a manner? In short, Mr.Raymond, is my friend the lawful husband of that girl or not?”
While listening to this story, I found myself yielding to feelingsgreatly in contrast to those with which I greeted the relator but amoment before. I became so interested in his “friend’s” case as toquite forget, for the time being, that I had ever seen or heard of HenryClavering; and after learning that the marriage ceremony took place inthe State of New York, I replied to him, as near as I can remember, inthe following words:
“In this State, and I believe it to be American law, marriage is acivil contract, requiring neither license, priest, ceremony, norcertificate--and in some cases witnesses are not even necessary to giveit validity. Of old, the modes of getting a wife were the same as thoseof acquiring any other species of property, and they are not materiallychanged at the present time. It is enough that the man and woman say toeach other, ‘From this time we are married,’ or, ‘You are now my wife,’or, ‘my husband,’ as the case may be. The mutual consent is all that isnecessary. In fact, you may contract marriage as you contract to lend asum of money, or to buy the merest trifle.”
“Then your opinion is----”
“That upon your statement, your friend is the lawful husband of the ladyin question; presuming, of course, that no legal disabilities of eitherparty existed to prevent such a union. As to the young lady’s age, Iwill merely say that any fourteen-year-old girl can be a party to amarriage contract.”
Mr. Clavering bowed, his countenance assuming a look of greatsatisfaction. “I am very glad to hear this,” said he; “my friend’shappiness is entirely involved in the establishment of his marriage.”
He appeared so relieved, my curiosity was yet further aroused. Itherefore said: “I have given you my opinion as to the legality of thismarriage; but it may be quite another thing to prove it, should the samebe contested.”
He started, cast me an inquiring look, and murmured:
“True.”
“Allow me to ask you a few questions. Was the lady married under her ownname?”
“She was.”
“The gentleman?”
“Yes, sir.”
“Did the lady receive a certificate?”
“She did.”
“Properly signed by the minister and witnesses?”
He bowed his head in assent.
“Did she keep this?”
“I cannot say; but I presume she did.”
“The witnesses were----”
“A hired man of the minister----”
“Who can be found?”
“Who cannot be found.”
“Dead or disappeared?”
“The minister is dead, the man has disappeared.”
“The minister dead!”
“Three months since.”
“And the marriage took place when?”
“Last July.”
“The other witness, the lady friend, where is she?”
“She can be found; but her action is not to be depended upon.”
“Has the gentleman himself no proofs of this marriage?”
Mr. Clavering shook his head. “He cannot even prove he was in the townwhere it took place on that particular day.”
“The marriage certificate was, however, filed with the clerk of thetown?” said I.
“It was not, sir.”
“How was that?”
“I cannot say. I only know that my friend has made inquiry, and that nosuch paper is to be found.”
I leaned slowly back and looked at him. “I do not wonder your friend isconcerned in regard to his position, if what you hint is true, and thelady seems disposed to deny that any such ceremony ever took place.Still, if he wishes to go to law, the Court may decide in his favor,though I doubt it. His sworn word is all he would have to go upon, andif she contradicts his testimony under oath, why the sympathy of a juryis, as a rule, with the woman.”
Mr. Clavering rose, looked at me with some earnestness, and finallyasked, in a tone which, though somewhat changed, lacked nothing of itsformer suavity, if I would be kind enough to give him in writing thatportion of my opinion which directly bore upon the legality of themarriage; that such a paper would go far towards satisfying his friendthat his case had been properly presented; as he was aware that norespectable lawyer would put his name to a legal opinion without firsthaving carefully arrived at his conclusions by a thorough examination ofthe law bearing upon the facts submitted.
This request seeming so reasonable, I unhesitatingly complied with it,and handed him the opinion. He took it, and, after reading it carefullyover, deliberately copied it into his memorandum-book. This done, heturned towards me, a strong, though hitherto subdued, emotion showingitself in his countenance.
“Now, sir,” said he, rising upon me to the full height of his majesticfigure, “I have but one more request t
o make; and that is, that you willreceive back this opinion into your own possession, and in the day youthink to lead a beautiful woman to the altar, pause and ask yourself:‘Am I sure that the hand I clasp with such impassioned fervor is free?Have I any certainty for knowing that it has not already been givenaway, like that of the lady whom, in this opinion of mine, I havedeclared to be a wedded wife according to the laws of my country? ’”
“Mr. Clavering!”
But he, with an urbane bow, laid his hand upon the knob of the door. “Ithank you for your courtesy, Mr. Raymond, and I bid you good-day. I hopeyou will have no need of consulting that paper before I see you again.” And with another bow, he passed out.
It was the most vital shock I had yet experienced; and for a momentI stood paralyzed. Me! me! Why should he mix me up with the affairunless--but I would not contemplate that possibility. Eleanore married,and to this man? No, no; anything but that! And yet I found myselfcontinually turning the supposition over in my mind until, to escapethe torment of my own conjectures, I seized my hat, and rushed intothe street in the hope of finding him again and extorting from him anexplanation of his mysterious conduct. But by the time I reached thesidewalk, he was nowhere to be seen. A thousand busy men, with theirvarious cares and purposes, had pushed themselves between us, and I wasobliged to return to my office with my doubts unsolved.
I think I never experienced a longer day; but it passed, and at fiveo’clock I had the satisfaction of inquiring for Mr. Clavering at theHoffman House. Judge of my surprise when I learned that his visit tomy office was his last action before taking passage upon the steamerleaving that day for Liverpool; that he was now on the high seas, andall chance of another interview with him was at an end. I could scarcelybelieve the fact at first; but after a talk with the cabman whohad driven him off to my office and thence to the steamer, I becameconvinced. My first feeling was one of shame. I had been brought face toface with the accused man, had received an intimation from him that hewas not expecting to see me again for some time, and had weakly gone onattending to my own affairs and allowed him to escape, like the simpletyro that I was. My next, the necessity of notifying Mr. Gryce of thisman’s departure. But it was now six o’clock, the hour set apart for myinterview with Mr. Harwell. I could not afford to miss that, so merelystopping to despatch a line to Mr. Gryce, in which I promised to visithim that evening, I turned my steps towards home. I found Mr. Harwellthere before me.