Ten Thousand a-Year. Volume 2. Samuel Warren
Mr. Crystal; and so was it with the counsel of Mr. Titmouse, as, indeed, the result showed. On subsequent examination, none of them could discover any false step, or any advantage which had been overlooked, or taken inefficiently. Independently of various astute objections taken by the Attorney-General to the reception of several important portions of the plaintiff's evidence, the leading points relied on in favor of Mr. Aubrey were—the impropriety of Lord Widdrington's rejection of the deed of confirmation on account of the erasure in it; the effect of that deed, assuming the erasure not to have warranted its rejection; and several questions arising out of the doctrine of adverse possession, by which alone, it had been contended at the trial, that the claim of the descendants of Stephen Dreddlington had been peremptorily and finally barred. Two very long consultations had been held at the Attorney-General's chambers, attended by Mr. Sterling, Mr. Crystal, Mr. Mansfield, the three partners in the firm of Runnington and Company, Mr. Parkinson, and Mr. Aubrey—who had come up to town specially for the purpose. Greatly to the surprise of all of them, he stated most distinctly and emphatically, that he insisted on no ground of objection being taken against his opponent, except such as was strictly just, equitable, honorable, and conscientious. Rather than defeat him on mere technicalities—rather than avail himself of mere positive rules of law, while the RIGHT, as between the consciences of man and man, was substantially in favor of his opponent—Mr. Aubrey declared, however absurd or Quixotic he might be thought, that he would—if he had them—lose fifty Yattons. Fiat justitia, ruat cœlum. "You mean to say, Aubrey," interrupted the Attorney-General, mildly, after listening for some time to his friend and client with evident interest, and admiration of his pure and high-minded character—"that it would be unconscientious of you to avail yourself of a fixed and beneficial rule of law, established upon considerations of general equity and utility—such, for instance, as that of adverse possession in order to retain possession, while"–
"Pray, Mr. Attorney-General, if I had lent you five hundred pounds seven or eight years ago, would you set up the statute of limitations against me when I asked for re-payment?"
"Excuse me, Aubrey," replied the Attorney-General, with a faint flush upon his handsome and dignified features; "but how idle all this is! One would imagine that we were sitting in a school of casuistry! What are we met for, in the name of common sense? For what, but to prevent the rightful owner of property from being deprived of it by a trumpery accidental erasure in one of his title-deeds, which time has deprived him of the means of accounting for?" He then, in a very kind way, but with a dash of peremptoriness, requested that the case might be left in their hands, and that they might be given credit for resorting to nothing that was inconsistent with the nicest and most fastidious sense of honor. This observation put an end to so unprecedented an interference; but if Mr. Aubrey supposed that it had had any effect upon the Attorney-General, he was mistaken; for of course that learned and eminent person secretly resolved to avail himself of every means that he could think of, for overturning the verdict, and securing the Aubreys in the possession of Yatton. He at the same time earnestly endeavored to moderate the expectations of his client, declaring that he was by no means sanguine as to the issue; that Lord Widdrington's rulings at Nisi Prius were very formidable things—in fact, rarely assailable; and then, again, the senior puisne judge of the court—Mr. Justice Grayley—had been consulted by Lord Widdrington at the trial, and concurred with him in his principal ruling, now sought to be moved against. At the close of the second consultation, on the night of the first day in Easter term, (the Attorney-General intending to move on the ensuing morning,) after having finally gone over the case in all its bearings, and agreed upon the exact grounds of moving—the Attorney-General called back Mr. Runnington for a moment, as he was walking away with Mr. Aubrey, and whispered to him, that it would be very proper to assume at once that the motion failed; and consider the best mode of negotiating concerning the surrender of the bulk of the property, and the payment of the mesne profits.
"Oh! Mr. Aubrey has quite made up his mind to the worst, Mr. Attorney-General."
"Ah, well!" replied the Attorney-General, with a sigh; and about five minutes after Mr. Runnington's departure, the Attorney-General stepped into his carriage, which had been standing for the last hour opposite his chambers. He drove down to the House of Commons, where he almost immediately after delivered a long and luminous speech on one of the most important and intricate questions that had been discussed during the session!
At length arrived the morning of the second day in term. Lord Widdrington was occupied for about a couple of hours in "going through the bar"—i. e. calling on counsel to "move" in their order matters of general business, before taking motions for new trials. About a quarter of an hour before his Lordship had completed the round of the bar, the Attorney-General came into court, and arranged all his books and papers before him; Mr. Subtle sitting next to him, intending to take a note of the grounds on which he moved.
"Does any other gentleman move?" inquired Lord Widdrington, looking over the court. He received no answer.
"Mr. Attorney-General," said he; and the Attorney-General rose–
"If your Lordship pleases," he commenced, slowly rising and bowing—"in a case of Doe on the Demise of Titmouse against Jolter, tried before your Lordship at the last assizes for the county of York, I have humbly to move your Lordship for a rule to show cause why a nonsuit should not be entered, or why the verdict entered for the plaintiff should not be set aside, and a New Trial had." He proceeded to state the facts of the case with great clearness and brevity. In like manner—with perfect simplicity and precision—he stated the various points arising upon the evidence, and the general grounds of law which have been already specified; but I am so grateful to the reader for his patience under the infliction of so much legal detail as was contained in the last chapter of this history, that I shall now content myself with the above general statement of what took place before the court. As soon as he had sat down, the judges consulted together for a minute or two; and then—
"You may take a rule to show cause, Mr. Attorney-General," said Lord Widdrington.
"On all the grounds I have mentioned, my Lord?"
"Yes—on all of them. They are very well worth considering—Mr. Solicitor-General, do you move?"
Up rose, thereupon, the Solicitor-General.
"I shall discharge your rule," whispered Mr. Subtle to the Attorney-General.
"I'm not excessively sanguine,"—whispered the Attorney-General, leaning his head close to Mr. Subtle, and with his hand before his mouth. Then his clerk removed the battery of books which stood before him, together with his brief; and taking another out of his turgid red bag, the Attorney-General was soon deep in the details of an important shipping case, in which he was going to move when next it came to his turn.
Thus the court had granted a "RULE NISI," as it is called, (i. e. it commanded a particular thing to be done—"unless" sufficient "cause" could be thereafter shown to the court why it should not be done,) for either entering a nonsuit, or having a new trial. Now, had this rule been obtained in the present day, nearly two years must have elapsed, owing to the immense and perhaps unavoidable arrear of business, before the other side could have been heard in answer to it. Now, had such been the state of business at the time when the Rule in Doe d. Titmouse v. Jolter was moved for, see the practical effect of it: had Mr. Aubrey, instead of the high-minded and conscientious man he undoubtedly was, been a rogue, he might have had the opportunity of getting in nearly twenty thousand pounds, and setting off with it to spend upon the Continent, as soon as he found that the court had decided against him: or, if the tenants should have been served with notice not to pay their rents to any one but Mr. Titmouse—at all events not to Mr. Aubrey—how were Mr. Aubrey and his family to have subsisted during this interval?—and with the possibility that, at the end of some two years, he might be declared to be the true owner of Yatton, and consequently all the while entitled to those rents, &c., the non-payment of which might have entailed upon him the most serious embarrassments! During the same interval, poor Mr. Titmouse, heart-sick with hope deferred, might have taken to liquor, as a solace under his misery, and drunk himself to death before the rule was discharged—or brought his valuable life to a more sudden and abrupt conclusion: which affecting event would have relieved the court from deciding several troublesome points of law, and kept the