Gammon was acting in collusion with Mr.
Aubrey to defeat the just claim of Mr. Titmouse; but this Sir
Charles Wolstenholme indignantly disclaimed on the part of Mr.
Gammon, whose conduct throughout showed the nicest sense of honor,
and the utmost possible anxiety to interfere between an unfortunate
gentleman and utter ruin. But,
"The COURT, without calling on Mr. SUBTLE, (with whom were Mr.
GOOSE and Mr. MUD,) said the rule must clearly be made absolute.
The legal right of Mr. Titmouse to the notes was admitted by Mr.
Gammon's own affidavit; and there was no pretence for holding that,
as against Mr. Titmouse, Mr. Gammon, who was only _one_ of that
gentleman's attorneys, had any right to withhold the documents in
question. No authority from Mr. Titmouse to Mr. Gammon to make the
alleged representations to Mr. Aubrey, had been shown, and
consequently that gentleman could in no way be bound by them. He
was not even shown to have been aware of them. It was not pretended
that Mr. Gammon, or any of his partners, had any lien on the notes,
which must be therefore given up to Mr. Titmouse. With respect to
the imputation against Mr. Gammon, of being in collusion with Mr.
Aubrey, Lord Widdrington added, that from what his Lordship himself
knew of Mr. Aubrey, it was impossible for a moment to imagine him
capable of anything inconsistent with the strictest honor; and that
Mr. Gammon's conduct showed that, though mistaken as to the extent
of his power over the notes intrusted to him, he had acted from the
purest motives, and evinced an honorable anxiety to serve the
interests of one whom he believed to be unfortunate.--The rule was
then made absolute; but on Mr. Subtle applying for the costs, the
remainder of the day was occupied in an elaborate discussion upon
the question--which, however, was eventually referred to the
Master."
Public-domain text, read in full here on John Shaqi.
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