Romances of the old town of EdinburghLeighton, Alexander
General
Romances of the old town of Edinburgh
Leighton, Alexander
Edinburgh (Scotland) -- Fiction; Short stories, English -- Scottish authors
As money ameliorates grief, business prevents grief from taking
possession of the mind; and so we need not be surprised that within a
week Mr Monypenny served Mr Whitelaw with a summons to appear before
the fifteen Scotch lords who sat round a table in the form of a
horse-shoe in the Parliament House of Edinburgh, or Court of Session,
and there be ordered to pay to the pursuer or plaintiff the said two
thousand merks, which devolved upon him, as the heir of his sister,
in consequence of the dissolution of the marriage within a year and a
day, without a living child being born thereof. Nor was Mr Whitelaw,
angry as he was and withal confident of success, slow to give in his
defence to the effect that the child had been born alive, and had been
heard to scream--a defence which startled Writer George mightily;
for it was the first intimation he had got of the important fact,
and his experience told him how supple Scotch witnesses are--even to
the extent that it took no fewer than fifteen learned judges to get
the subtle thing called truth out of the subtle minds of “the canny
people;” but he had no alternative than to consent to the commission to
Maister Wylie, advocate, to take a proof of the defender’s averment and
report. And so accordingly the proceedings went on. Mr Advocate Wylie
sat in one of the rooms adjoining the court to take the depositions
of the witnesses, and Mr Williamson was there for Mr Whitelaw, and
Mr Hamilton for Mr Monypenny. The first witness called was Mrs Jean
Gilchrist, who swore very honestly that she heard the child scream; and
Robina Proudfoot swore as honestly to the same thing; nor could all
the efforts of Mr Advocate Hamilton shake those sturdy witnesses, if
it was not that, as so often happens with Scotch witnesses, the more
the advocate wrestled with them, the more firm they waxed. Nor need
we say that the philosophical axiom, that the intensity of belief is
always inversely as the reason for it, never had weight with our Scotch
judges. But then came the difficulty about the _causa scientiæ_; for
neither of the two witnesses could swear that she _saw_ the child alive
and after the scream, inasmuch as the child was certainly dead before
they saw the body; so it was only at best a strong presumption that the
cry actually did come from that child. The witnesses dispersed these
quibbles, and insisted that, as there was no other child in that room,
the cry could come from no other source than Mrs Whitelaw’s baby. But
the crowning witness was to come--Mrs Euphan Lythgow herself, who would
put an end to all doubts; and come she did. Asked whether she delivered
Mrs Whitelaw of a child on the night in question, her answer was in the
affirmative.
“Was it a boy or a girl?”
“A _callant_, sir,” was the answer; for Scotch witnesses _will_ use
their own terms, let counsel do what they please. “And,” added Mrs
Lythgow, “he was to be baptized after his father when the time came. He
was to be called Tammas.”
Public-domain text, read in full here on John Shaqi.
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