Sir Robert repented of having made this agreement, broke his promise,
and took out a writ against his cousin for the _mesne rents_. They
amounted to an immense sum, which Mr. Percy was utterly unable to pay,
and he could have had no hope of avoiding ruin, had the claim been by
law decided against him. By fortunate circumstances, however, he had,
while this cause was pending, recovered that lost conveyance, which
proved his right to the Hampshire estate. Of this he had apprized Sir
Robert, who had persisted, nevertheless, in holding possession, and in
his claim for the _mesne rents_. The present action was brought by Mr.
Percy in resistance of this unjust claim, and for the recovery of his
property.”
Not one word of invective, of eloquence, of ornament, or of any attempt
at pathos, did our barrister mix with this statement. It was his object
to put the jury and the court clearly in possession of facts, which,
unadorned, he knew would appear stronger than if encumbered by any
flowers of oratory.
Having produced the deed, conveying the Hampshire estate to his father,
Alfred called evidence to prove the signature of Sir John Percy, and the
handwriting of the witnesses. He farther proved that this conveyance had
been formerly seen among his father’s papers at Percy-hall, showed
it had been recently recovered from Mr. Falconer’s box of papers, and
explained how it had been put there by mistake, and he supported this
fact by the evidence of Commissioner Falconer, father-in-law to the
defendant.--Alfred rested his cause on these proofs, and waited, anxious
to know what defence the defendant was prepared to make.
To his astonishment and consternation, Sir Robert’s counsel produced
another deed of Sir John Percy’s, revoking the deed by which Sir John
had made over his Hampshire estate to his younger grandson, Mr. Percy;
it appearing by a clause in the original deed that a power for this
purpose had been therein reserved. This deed of revocation was handed to
the judge and to the jury, that it might be examined. The two deeds
were carefully compared. The nicest inspection could not discover any
difference in the signature or seal. When Mr. Friend examined them, he
was in dismay. The instrument appeared perfect. Whilst the jury were
occupied in this examination, Mr. Friend and Alfred had a moment to
consult together.
“We are undone,” whispered Mr. Friend, “if they establish this deed of
revocation--it sets us aside for ever.”
Neither Mr. Friend nor Alfred had any doubt of its being a forgery,
but those, who had plunged thus desperately in guilt, would probably be
provided with perjury sufficient to support their iniquity.
“If we had been prepared!” said Mr. Friend: “but how could we be
prepared for such a stroke? Even now, if we had time, we could summon
witnesses who would discredit theirs, but--”
Public-domain text, read in full here on John Shaqi.
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