During the interval thus afforded to the
advisers of Mr. Aubrey, his case, as it appeared upon the notes of his
counsel on their briefs, with the indirect assistance and corroboration
derived from the short-hand writers' notes, underwent repeated and most
anxious examination in all its parts and bearings, by all his legal
advisers. It need hardly be said, that every point in the case favorable
to their client had been distinctly and fully raised by the
Attorney-General, assisted by his very able juniors, Mr. Sterling and
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?"
Public-domain text, read in full here on John Shaqi.
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