Ten Thousand a-Year. Volume 2. Samuel Warren
course which your client may think fit to adopt. You are, of course, aware that we are now in a situation to attack, successfully, the entire property at Yatton, at present in the possession of Mr. Aubrey; and that, had we thought fit, we might have sought and recovered it all in the action which has just been decided in favor of our client. It is now in our power greatly to strengthen the evidence adduced at the late trial: and we beg to be informed whether it is your client's intention to put Mr. Titmouse to the enormous expense, and delay, of a second trial, the issue of which cannot be doubtful; or, with the promptitude and candor which are to be expected from a gentleman of the station and character of your client, at once to yield to our client the substantial fruits of his verdict.
"If his reasonable wishes and expectations in this matter should be disregarded and frustrated, we would merely intimate that it will be for your client most seriously to weigh the consequences; to see whether such a line of conduct may not greatly prejudice his interests, and place him in a far worse position than, perhaps, he would otherwise have occupied. As we understand your client to be in town, we trust you will forgive us for requesting you immediately to communicate with him; and that at your earliest convenience you will enable us to announce the result to our client.—We are, gentlemen, your obedient servants,
"Well—I own I see nothing to find fault with," said Mr. Aubrey, calmly, but with a suppressed sigh, as soon as he had read the letter.
"Rather quick work, too—is it not, Mr. Aubrey?—within an hour or two after judgment pronounced in their favor:—but, to be sure, it's very excusable, when you consider the line of business and the sort of clients that Messrs. Quirk, Gammon, and Snap are accustomed to."
"I have made up my mind as to the course I shall adopt," said Mr. Aubrey.
"Oh, of course, that is quite clear!" said Mr. Runnington, pouring out his coffee—"we shall stand another shot, and see if they've ammunition enough left for the purpose: and we'll tender a bill of exceptions, and carry the case into the Exchequer Chamber, and thence into the House of Lords—ah! we'll work them, I warrant them!"—and he rubbed his hands, with a little excitement in his manner.
"Why, Mr. Runnington," answered Mr. Aubrey, gravely, "would it not be wanton—most unconscientious—in me to put them to the expense and anxiety of a second trial, when the whole case, on both sides, has been fairly brought before both the court and the jury?"
"Good heavens, Mr. Aubrey!" exclaimed Mr. Runnington, with visible amazement—"who ever heard of an estate of even one or two hundred a-year being surrendered after one assault?"
"If it were ten thousand times ten thousand a-year, I would submit—after such a trial as ours!" said Mr. Aubrey, calmly.
"How do we know what fraud and perjury may have been resorted to in order to secure the late verdict, and which we may have the means of exploding against the next trial? Ah, Mr. Aubrey, you don't know the character of Messrs. Quirk, Gammon, and Snap in the profession; they learn a fresh trick from every scoundrel, swindler, and thief, whose case they undertake."
"I thought that fraud and perjury were never to be presumed, Mr. Runnington! Besides, had we not the advantage of most eminent, acute, and experienced counsel? How could it escape them?"
"I would only venture to remind you," said Mr. Runnington, firmly but respectfully, "of the observations of the Attorney-General, at our last consultation."
"I thought I was unanswered, Mr. Runnington, though I did not feel at liberty to press the matter," replied Mr. Aubrey, with a melancholy smile.
"Excuse me, but we must take the chance of a second trial," said Mr. Runnington.
"I have decided upon the course I shall adopt," replied Mr. Aubrey, calmly and determinedly—"I beg you, Mr. Runnington, to write this day to the gentlemen upon the other side, and inform them that within three weeks I shall be prepared to deliver up possession of Yatton."
"My dear sir!—Do I hear aright?" exclaimed Mr. Runnington, with some agitation. "Deliver up possession of the estates? and within three weeks? My ears are deceiving me!"
"That was what I said—or meant to say—Mr. Runnington," replied Mr. Aubrey, rather peremptorily.
"I give you my honor, Mr. Aubrey, that in the whole course of my practice I never heard of such a procedure!" said Mr. Runnington, with a half-desperate air.
"And I shall further request you to state that the last quarter's rents are in my banker's hands, and will be paid over to the order of Mr. Titmouse"–
"Good gracious, Mr. Aubrey!" interrupted Mr. Runnington, with an air of deep concern.
"I have well considered the position in which I am placed," said Mr. Aubrey, with a serious air.
"It is very painful for me to mention the subject, Mr. Aubrey; but have you adverted to the mesne profits?"
"I have. It is, indeed, a very fearful matter: and I frankly own that I see no way open before me, but to trust to the forbearance of"–
"Forbearance!—The forbearance of Messrs. Quirk, Gammon, and Snap!! or of any one counselled by them!"
"Why, what can I do? I might as well undertake to pay off the national debt as the sum of sixty thousand pounds!"
"That's just the very thing," replied Mr. Runnington, with a dismayed air.
"Whatever honorable negotiation can effect, I leave it in your hands to do. With reference to the time which may be allowed for liquidating this frightful demand"—Mr. Aubrey changed color, but spoke with firmness—"I must own this to be a matter which has occasioned me inexpressible anxiety, Mr. Runnington. I really do not see what length of time will enable me to discharge so vast a sum of money, or even to make any sensible impression upon it. I am quite at the mercy of my enemies!" Here both were silent for some time.
"At one time, I fancied that in a case so grievously hard as yours," said Mr. Runnington, with a sigh—"you might obtain relief from a Court of Equity from the payment of the mesne profits, on the ground of your total ignorance of the title of Titmouse; and I laid a case before the most skilful lawyer in the Court of Chancery—but alas! the answer was in the negative—that the court had no power whatever to deprive a man of what he had proved to be his strict legal rights"–
"Nor can I, Mr. Runnington, see on what principle such an interference could be supported!8 Besides—can I entirely acquit myself of negligence? Have I not been culpably forgetful of the suggestions which you made to me at the time of my marriage settlement? No, no! I feel myself bound hand and foot"–
At this moment a thundering appeal to the knocker of the door announced an arrival; and presently the servant entered and stated that Lord C– had called, and was waiting in the library. After repeating two or three directions to Mr. Runnington, Mr. Aubrey left him; and presently entered the library, where Lord C– was waiting to receive him. Lord C– was a middle-aged man, tall, of elegant person, with a very handsome and intellectual countenance, and most winning address; he was a thorough politician, and possessed of eloquence, immense practical knowledge, and a commanding intellect. He was made for eminent office; and got through the most complicated and harassing business with ease and celerity. He had for several years entertained a sincere regard for Mr. Aubrey, whom he considered to be a very rising man in the House of Commons, and to have rendered him, on several occasions, special service in debate. He had been much shocked to hear of the sudden misfortune which had befallen Mr. Aubrey; and had now come to him with a sincere desire to be of service; and also, not without a faint hope of prevailing upon him to come down that evening, and support them in a very close division. He was as kind-hearted a man as—a keen politician could be.
"I am really shocked beyond expression to hear all this," said he, after Aubrey had, at his earnest request, explained the position in which he was placed; the dreadful loss he had sustained, the still more dreadful liabilities to which he was subject. "Really," exclaimed his Lordship, "who can be safe? It might have happened to me—to any of us! Forgive me, my dear Aubrey," he continued earnestly, "if I venture to express a hope that at all events
Note 8. Page 54.
It might be inferred, from a somewhat loose statement in an English law treatise, that in a case like that of Mr. Aubrey—viz. of possession of property in entire ignorance that it belonged to another—a Court of Equity would protect against the rightful owner's claim for the mesne profits. Such, however, is by no means the case. Mr. Titmouse had recovered at law—by the superior strength of his title, and without requiring any assistance whatever from a Court of Equity; the mesne profits, therefore, were absolutely his—and any interference, by a Court of Equity, to deprive him of them, would have been an act of direct spoliation. Such a notion, therefore, is utterly destitute of foundation. If Mr. Titmouse had been compelled to seek the assistance of a Court of Equity in order to prosecute his claim, and had clearly been guilty of negligence or fraud; it is possible that some terms might have been imposed upon him, with reference to the mesne profits to be wrung from his comparatively-speaking innocent opponent—but even then, it is conceived that Equity would be very slow and jealous in exercising such a stretch of power. The Roman law took a different view of the subject, regarding him—