"God bless you! God bless you! I shall call in the evening," exclaimed
Dr. Tatham; as, having reached the vicarage, he hastily waved his hand,
and turned off. Soon they had passed the park gates; when had they
entered it before with such heavy hearts--with eyes so dreading to
encounter every familiar object that met them? Alas! the spacious park
was no longer theirs; not a tree, not a shrub, not a flower, not an inch
of ground; the trees all putting forth their fresh green leaves--nothing
was theirs; the fine old turreted gateway, too--an object always,
hitherto, of peculiar pride and attachment, their hearts seemed to
tremble as they rattled under it!
"Courage, my sweet loves! Courage! courage!" exclaimed Mr. Aubrey,
grasping each of their hands, and then they burst into tears. Mr. Aubrey
felt his own fortitude grievously shaken as he entered the old Hall, no
longer his _home_, and reflected, moreover--bitterest thought of
all--that he had been declared by the law to have been hitherto the
wrongful occupant of it; that he must forthwith proceed to "set his
house in order," and prepare for a dreadful reckoning with him whom the
law had declared to be the true owner of Yatton.
The formal result of the trial at York, was, as has been already
intimated, to declare Mr. Titmouse entitled to recover possession of
only that insignificant portion of the estates which were occupied by
Jacob Jolter; and that, too, only in the event of the first four days of
the ensuing term elapsing, without any successful attempt being made to
impeach, before the court, the propriety of the verdict of the jury. It
is a principle of our English law, that the verdict of a jury is, in
general, irreversible and conclusive; but, inasmuch as that verdict may
have been improperly obtained--as, for instance, either through the
misdirection of the judge, or his erroneous admission or rejection of
evidence; or may have no force in point of law by reason of the
pleadings of the party for whom it has been given, being insufficient to
warrant the court to award its final judgment upon, and in conformity
with, such verdict, or by reason of the discovery of fresh evidence
subsequently to the trial: therefore the law hath given the party who
failed at the trial, till the end of the first four days of the term
next ensuing, to show the court why the verdict obtained by his opponent
ought to go for nothing, and matters remain as they were before the
trial, or a new trial be had. So anxious is our law to afford the utmost
scope and opportunity for ascertaining what ought to be its decision,
which, when obtained, is, as hath been said, solemnly and permanently
conclusive upon the subject; such the effectual and practical corrective
of any error or miscarriage in the working of that noble engine--trial
by jury. Thus, then, it appears, that the hands of Mr. Titmouse and his
advisers were at all events stayed till the first four days of Easter
term should have elapsed.
Public-domain text, read in full here on John Shaqi.
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