by Walter Scott
Even Lord Bladderskate, however, was, in spite of himself, pleased with the judicious and modest tone in which Alan began his address to the court, apologizing for his own presumption, and excusing it by the sudden illness of his learned brother, for whom the labour of opening a cause of some difficulty and importance had been much more worthily designed. He spoke of himself as he really was, and of young Dumtoustie as what he ought to have been, taking care not to dwell on either topic a moment longer than was necessary. The old judge's looks became benign; his family pride was propitiated, and, pleased equally with the modesty and civility of the young man whom he had thought forward and officious, he relaxed the scorn of his features into an expression of profound attention; the highest compliment, and the greatest encouragement, which a judge can render to the counsel addressing him.
Having succeeded in securing the favourable attention of the court, the young lawyer, using the lights which his father's experience and knowledge of business had afforded him, proceeded with an address and clearness, unexpected from one of his years, to remove from the case itself those complicated formalities with which it had been loaded, as a surgeon strips from a wound the dressings which had been hastily wrapped round it, in order to proceed to his cure SECUNDUM ARTEM. Developed of the cumbrous and complicated technicalities of litigation, with which the perverse obstinacy of the client, the inconsiderate haste or ignorance of his agents, and the evasions of a subtle adversary, had invested the process, the cause of Poor Peter Peebles, standing upon its simple merits, was no bad subject for the declamation of a young counsel, nor did our friend Alan fail to avail himself of its strong points.
He exhibited his client as a simple-hearted, honest, well-meaning man, who, during a copartnership of twelve years, had gradually become impoverished, while his partner (his former clerk) having no funds but his share of the same business, into which he had been admitted without any advance of stock, had become gradually more and more wealthy.
'Their association,' said Alan, and the little flight was received with some applause, 'resembled the ancient story of the fruit which was carved with a knife poisoned on one side of the blade only, so that the individual to whom the envenomed portion was served, drew decay and death from what afforded savour and sustenance to the consumer of the other moiety.' He then plunged boldly into the MARE MAGNUM of accompts between the parties; he pursued each false statement from the waste-book to the day-book, from the day-book to the bill-book, from the bill-book to the ledger; placed the artful interpolations and insertions of the fallacious Plainstanes in array against each other, and against the fact; and availing himself to the utmost of his father's previous labours, and his own knowledge of accompts, in which he had been sedulously trained, he laid before the court a clear and intelligible statement of the affairs of the copartnery, showing, with precision, that a large balance must, at the dissolution, have been due to his client, sufficient to have enabled him to have carried on business on his own account, and thus to have retained his situation in society as an independent and industrious tradesman. 'But instead of this justice being voluntarily rendered by the former clerk to his former master,—by the party obliged to his benefactor,—by one honest man to another,—his wretched client had been compelled to follow his quondam clerk, his present debtor, from court to court; had found his just claims met with well-invented but unfounded counter-claims, had seen his party shift his character of pursuer or defender, as often as Harlequin effects his transformations, till, in a chase so varied and so long, the unhappy litigant had lost substance, reputation, and almost the use of reason itself, and came before their lordships an object of thoughtless derision to the unreflecting, of compassion to the better-hearted, and of awful meditation to every one who considered that, in a country where excellent laws were administered by upright and incorruptible judges, a man might pursue an almost indisputable claim through all the mazes of litigation; lose fortune, reputation, and reason itself in the chase, and now come before the supreme court of his country in the wretched condition of his unhappy client, a victim to protracted justice, and to that hope delayed which sickens the heart.'
The force of this appeal to feeling made as much impression on the Bench as had been previously effected by the clearness of Alan's argument. The absurd form of Peter himself, with his tow-wig, was fortunately not present to excite any ludicrous emotion, and the pause that took place when the young lawyer had concluded his speech, was followed by a murmur of approbation, which the ears of his father drank in as the sweetest sounds that had ever entered them. Many a hand of gratulation was thrust out to his grasp, trembling as it was with anxiety, and finally with delight; his voice faltering as he replied, 'Aye, aye, I kend Alan was the lad to make a spoon or spoil a horn.'[33]
The counsel on the other side arose, an old practitioner, who had noted too closely the impression made by Alan's pleading not to fear the consequences of an immediate decision. He paid the highest compliments to his very young brother—'the Benjamin, as he would presume to call him, of the learned Faculty—said the alleged hardships of Mr. Peebles were compensated by his being placed in a situation where the benevolence of their lordships had assigned him gratuitously such assistance as he might not otherwise have obtained at a high price—and allowed his young brother had put many things in such a new point of view, that, although he was quite certain of his ability to refute them, he was honestly desirous of having a few hours to arrange his answer, in order to be able to follow Mr. Fairford from point to point. He had further to observe, there was one point of the case to which his brother, whose attention had been otherwise so wonderfully comprehensive, had not given the consideration which he expected; it was founded on the interpretation of certain correspondence which had passed betwixt the parties soon after the dissolution of the copartnery.'
The court having heard Mr. Tough, readily allowed him two days for preparing himself, hinting at the same time that he might find his task difficult, and affording the young counsel, with high encomiums upon the mode in which he had acquitted himself, the choice of speaking, either now or at the next calling of the cause, upon the point which Plainstanes's lawyer had adverted to.
Alan modestly apologized for what in fact had been an omission very pardonable in so complicated a case, and professed himself instantly ready to go through that correspondence, and prove that it was in form and substance exactly applicable to the view of the case he had submitted to their lordships. He applied to his father, who sat behind him, to hand him, from time to time, the letters, in the order in which he meant to read and comment upon them.
Old Counsellor Tough had probably formed an ingenious enough scheme to blunt the effect of the young lawyer's reasoning, by thus obliging him to follow up a process of reasoning, clear and complete in itself, by a hasty and extemporary appendix. If so, he seemed likely to be disappointed; for Alan was well prepared on this as on other parts of the cause, and recommenced his pleading with a degree of animation which added force even to what he had formerly stated, and might perhaps have occasioned the old gentleman to regret his having again called him up, when his father, as he handed him the letters, put one into his hand which produced a singular effect on the pleader.
At the first glance, he saw that the paper had no reference to the affairs of Peter Peebles; but the first glance also showed him, what, even at that time, and in that presence, he could not help reading; and which, being read, seemed totally to disconcert his ideas. He stopped short in his harangue—gazed on the paper with a look of surprise and horror-uttered an exclamation, and flinging down the brief which he had in his hand, hurried out of court without returning a single word of answer to the various questions, 'What was the matter?'—'Was he taken unwell?'—'Should not a chair be called?' &c. &c. &c.
The elder Mr. Fairford, who remained seated, and looking as senseless as if he had been made of stone, was at length recalled to himself by the anxious inquiries of the judges and the counsel after his son
's health. He then rose with an air, in which was mingled the deep habitual reverence in which he held the court, with some internal cause of agitation, and with difficulty mentioned something of a mistake—a piece of bad news—Alan, he hoped would be well enough to-morrow. But unable to proceed further, he clasped his hands together, exclaiming, 'My son! my son!' and left the court hastily, as if in pursuit of him.
'What's the matter with the auld bitch next?'[34] said an acute metaphysical judge, though somewhat coarse in his manners, aside to his brethren. 'This is a daft cause, Bladderskate—first, it drives the poor man mad that aught it—then your nevoy goes daft with fright, and flies the pit—then this smart young hopeful is aff the hooks with too hard study, I fancy—and now auld Saunders Fairford is as lunatic as the best of them. What say ye till't, ye bitch?'
'Nothing, my lord,' answered Bladderskate, much too formal to admire the levities in which his philosophical brother sometimes indulged—'I say nothing, but pray to Heaven to keep our own wits.'
'Amen, amen,' answered his learned brother; 'for some of us have but few to spare.'
The court then arose, and the audience departed, greatly wondering at the talent displayed by Alan Fairford at his first appearance in a case so difficult and so complicated, and assigning a hundred conjectural causes, each different from the others, for the singular interruption which had clouded his day of success. The worst of the whole was, that six agents, who had each come to the separate resolution of thrusting a retaining fee into Alan's hand as he left the court, shook their heads as they returned the money into their leathern pouches, and said, 'that the lad was clever, but they would like to see more of him before they engaged him in the way of business—they did not like his lowping away like a flea in a blanket.'
CHAPTER II
Had our friend Alexander Fairford known the consequences of his son's abrupt retreat from the court, which are mentioned in the end of the last chapter, it might have accomplished the prediction of the lively old judge, and driven him utterly distracted. As it was, he was miserable enough. His son had risen ten degrees higher in his estimation than ever by his display of juridical talents, which seemed to assure him that the applause of the judges and professors of the law, which, in his estimation, was worth that of all mankind besides, authorized to the fullest extent the advantageous estimate which even his parental partiality had been induced to form of Alan's powers. On the other hand, he felt that he was himself a little humbled, from a disguise which he had practised towards this son of his hopes and wishes.
The truth was, that on the morning of this eventful day, Mr. Alexander Fairford had received from his correspondent and friend, Provost Crosbie of Dumfries, a letter of the following tenor:
'DEAR SIR, 'Your respected favour of 25th ultimo, per favour of Mr. Darsie Latimer, reached me in safety, and I showed to the young gentleman such attention as he was pleased to accept of. The object of my present writing is twofold. First, the council are of opinion that you should now begin to stir in the thirlage cause; and they think they will be able, from evidence NOVITER REPERTUM, to enable you to amend your condescendence upon the use and wont of the burgh, touching the GRANA INVECTA ET ILLATA. So you will please consider yourself as authorized to speak to Mr. Pest, and lay before him the papers which you will receive by the coach. The council think that a fee of two guineas may be sufficient on this occasion, as Mr. Pest had three for drawing the original condescendence.
'I take the opportunity of adding that there has been a great riot among the Solway fishermen, who have destroyed, in a masterful manner, the stake-nets set up near the mouth of this river; and have besides attacked the house of Quaker Geddes, one of the principal partners of the Tide-net Fishing Company, and done a great deal of damage. Am sorry to add, young Mr. Latimer was in the fray and has not since been heard of. Murder is spoke of, but that may be a word of course. As the young gentleman has behaved rather oddly while in these parts, as in declining to dine with me more than once, and going about the country with strolling fiddlers and such-like, I rather hope that his present absence is only occasioned by a frolic; but as his servant has been making inquiries of me respecting his master, I thought it best to acquaint you in course of post. I have only to add that our sheriff has taken a precognition, and committed one or two of the rioters. If I can be useful in this matter, either by advertising for Mr. Latimer as missing, publishing a reward, or otherwise, I will obey your respected instructions, being your most obedient to command, 'WILLIAM CROSBIE.'
When Mr. Fairford received this letter, and had read it to an end,' his first idea was to communicate it to his son, that an express might be instantly dispatched, or a king's messenger sent with proper authority to search after his late guest.
The habits of the fishers were rude; as he well knew, though not absolutely sanguinary or ferocious; and there had been instances of their transporting persons who had interfered in their smuggling trade to the Isle of Man and elsewhere, and keeping them under restraint for many weeks. On this account, Mr. Fairford was naturally led to feel anxiety concerning the fate of his late inmate; and, at a less interesting moment, would certainly have set out himself, or licensed his son to go in pursuit of his friend.
But, alas! he was both a father and an agent. In the one capacity, he looked on his son as dearer to him than all the world besides; in the other, the lawsuit which he conducted was to him like an infant to its nurse, and the case of Poor Peter Peebles against Plainstanes was, he saw, adjourned, perhaps SINE DIE, should this document reach the hands of his son. The mutual and enthusiastical affection betwixt the young men was well known to him; and he concluded that if the precarious state of Latimer were made known to Alan Fairford, it would render him not only unwilling, but totally unfit, to discharge the duty of the day to which the old gentleman attached such ideas of importance.
On mature reflection, therefore, he resolved, though not without some feelings of compunction, to delay communicating to his son the disagreeable intelligence which he had received, until the business of the day should be ended. The delay, he persuaded himself, could be of little consequence to Darsie Latimer, whose folly, he dared to say, had led him into some scrape which would meet an appropriate punishment in some accidental restraint, which would be thus prolonged for only a few hours longer. Besides, he would have time to speak to the sheriff of the county—perhaps to the King's Advocate—and set about the matter in a regular manner, or, as he termed it, as summing up the duties of a solicitor, to AGE AS ACCORDS.[35]
The scheme, as we have seen, was partially successful, and was only ultimately defeated, as he confessed to himself with shame, by his own very unbusiness-like mistake of shuffling the provost's letter, in the hurry and anxiety of the morning, among some papers belonging to Peter Peebles's affairs, and then handing it to his son, without observing the blunder. He used to protest, even till the day of his death, that he never had been guilty of such an inaccuracy as giving a paper out of his hand without looking at the docketing, except on that unhappy occasion, when, of all others, he had such particular reason to regret his negligence.
Disturbed by these reflections, the old gentleman had, for the first time in his life, some disinclination, arising from shame and vexation, to face his own son; so that to protract for a little the meeting, which he feared would be a painful one, he went to wait upon the sheriff-depute, who he found had set off for Dumfries in great haste to superintend in person the investigation which had been set on foot by his substitute. This gentleman's clerk could say little on the subject of the riot, excepting that it had been serious, much damage done to property, and some personal violence offered to individuals; but, as far as he had yet heard, no lives lost on the spot.
Mr. Fairford was compelled to return home with this intelligence; and on inquiring at James Wilkinson where his son was, received for answer, that 'Maister Alan was in his own room, and very busy.'
'We must have our explanation over,' said Saunders Fairford t
o himself. 'Better a finger off, as ay wagging;' and going to the door of his son's apartment, he knocked at first gently—then more loudly—but received no answer. Somewhat alarmed at this silence, he opened the door of the chamber it was empty—clothes lay mixed in confusion with the law-books and papers, as if the inmate had been engaged in hastily packing for a journey. As Mr. Fairford looked around in alarm, his eye was arrested by a sealed letter lying upon his son's writing-table, and addressed to himself. It contained the following words:—
'MY DEAREST FATHER, 'You will not, I trust, be surprised, nor perhaps very much displeased, to learn that I am on my way to Dumfriesshire, to learn, by my own personal investigation, the present state of my dear friend, and afford him such relief as may be in my power, and which, I trust, will be effectual. I do not presume to reflect upon you, dearest sir, for concealing from me information of so much consequence to my peace of mind and happiness; but I hope your having done so will be, if not an excuse, at least some mitigation of my present offence, in taking a step of consequence without consulting your pleasure; and, I must further own, under circumstances which perhaps might lead to your disapprobation of my purpose. I can only say, in further apology, that if anything unhappy, which Heaven forbid! shall have occurred to the person who, next to yourself, is dearest to me in this world, I shall have on my heart, as a subject of eternal regret, that being in a certain degree warned of his danger and furnished with the means of obviating it, I did not instantly hasten to his assistance, but preferred giving my attention to the business of this unlucky morning. No view of personal distinction, nothing, indeed, short of your earnest and often expressed wishes, could have detained me in town till this day; and having made this sacrifice to filial duty, I trust you will hold me excused if I now obey the calls of friendship and humanity. Do not be in the least anxious on my account; I shall know, I trust, how to conduct myself with due caution in any emergence which may occur, otherwise my legal studies for so many years have been to little purpose. I am fully provided with money, and also with arms, in case of need; but you may rely on my prudence in avoiding all occasions of using the latter, short of the last necessity. God almighty bless you, my dearest father! and grant that you may forgive the first, and, I trust, the last act approaching towards premeditated disobedience, of which I either have now, or shall hereafter have, to accuse myself. I remain, till death, your dutiful and affectionate son, ALAN FAIRFORD.'
