Volume Ii Part 38 (2/2)
No, he acquitted Mrs. Stanley of all blame; she had been influenced and guided by the two gentlemen before him. He had himself observed, that during all the preliminary proceedings, the venerable step-mother of his client had shown many symptoms of doubt and hesitation; it was his firm conviction, it was the opinion of his client, of his brother counsel, that if left to her own unbia.s.sed judgment, Mrs. Stanley would immediately have acknowledged her husband's son, and received him as such. He appealed to the defendants themselves if this were not true; he called upon them to deny this a.s.sertion if they could--if they dared! Here Mr. Clapp paused a moment, and looked towards Mr.
Grant.
The defendants had already spoken together for an instant; Mr.
Ellsworth rose: ”The answer which the counsel for the plaintiff was so anxious to receive, was reserved for its proper place in the defence. Where so much might be said, he should scarcely be able to confine himself within the bounds necessary at that moment. Let the counsel for the plaintiff rest a.s.sured, however, that the answer to that particular question, when given, would prove, like the general answer of the defence, of a nature that the interrogator would, doubtless, little relish.”
During Mr. Clapp's abusive remarks, and impudent insinuations against himself and Mr. Wyllys, Hazlehurst, placing one arm on the table before him, leaned a little, forward, and fixed his eye steadily, but searchingly, on the face of the speaker. It proved as Harry had expected; the lawyer looked to the right and left, he faced the judges, the jurors; he glanced at the audience, raised his eyes to the ceiling, or threw them upon his papers, but not once did he meet those of Hazlehurst.
”Gentlemen of the jury; you will observe that the question remains unanswered!” continued Mr. Clapp, with a triumphant air.
He then contrived to appeal to his brother counsel to declare his own impressions, and gave Mr. Reed an opportunity of affirming, that he had believed Mrs. Stanley inclined to acknowledge their client; he spoke calmly and impressively, in a manner very different from the hurried, yet whining enunciation, and flouris.h.i.+ng gestures of his colleague.
Mr. Clapp now proceeded to prepare the way for the evidence: he gave a general idea of its character, expressing beforehand the firmest conviction of its effect on the court. ”I have been engaged in hundreds of suits, gentlemen; I have been a regular attendant in courts of law from early boyhood, and never, in the whole course of my experience, have I met with a case, so peculiar and so important, supported by a body of evidence so clear, so decided, so undeniable as that which we shall immediately lay before you;” and Mr. Clapp sat down, running his fingers through his curls.
The court here adjourned for an hour. The curiosity of the audience seemed thoroughly excited; when the judges rea.s.sembled, the room was even more crowded than in the morning.
Before calling up the witnesses, Mr. Reed spoke for five minutes; his dignified manner was a favourable preparation for the testimony in the plaintiff's behalf.
The first fact proved, was the resemblance of the plaintiff to William Stanley; this point was thoroughly investigated, and settled without difficulty in favour of the plaintiff--some half-a-dozen witnesses swearing to the ident.i.ty, according to the best of their belief. The fact that the defendants themselves had acknowledged the personal resemblance, was also made to appear; and Mr. Reed introduced the ident.i.ty of handwriting to strengthen the personal ident.i.ty--several witnesses giving their testimony on the subject. It seemed indeed, clear, from the whole of this part of the evidence, that there was no rational ground to doubt any other difference, either in the personal resemblance or the handwriting, than what might naturally exist in the same man, at the ages of eighteen and thirty-seven.
The statement offered to the defendants some months since, tracing the last career of the plaintiff was now introduced, and the princ.i.p.al facts legally proved by different witnesses.
Officers and sailors of different vessels in which he had sailed, were sworn. Among others, Captain -----, of the packet s.h.i.+p ***, testified to the plaintiff's having sailed in his vessel, under the name of William Stanley, nine years previously; and it was very clearly proved, that at different intervals since then, he had continued to bear the same name, although he had also s.h.i.+pped under those of Bennet, Williams, and Benson. The statement, as given already in our pages, was borne out satisfactorily in most of its important facts by the evidence; although on some points the counsel for the plaintiffs confessed, that they had not been able to obtain all the legal proofs they had wished for. After tracing the plaintiff's steps as a sailor, the fact of his having been long endeavouring to bring forward the claim he now made, was examined. Mr. G-----, a highly respectable lawyer of Baltimore, testified to the fact that several years previously, the plaintiff had applied to him to undertake the case then before the court; to speak frankly, this evidence surprised the defendants, who were scarcely prepared for it. Then came proof of the different applications to Mr. Clapp, his several visits to Longbridge, and his presence at Wyllys-Roof six years previously, when locked up in the out-house by Hazlehurst; Mr. Clapp repeating at this moment, a very broad insinuation, that the defendant knew the claims of the individual he had put in confinement. His willingness to be examined, his ready consent to an interview with Mr. Wyllys, Mrs. Stanley, and Hazlehurst, the close examination which he bore at Wyllys-Roof, were brought forward; and Mr. Clapp managed to introduce most of the important questions of the defendants at that time, with the accurate answers of the plaintiff, in his account of that meting.
The court adjourned at this time, and many individuals among the audience seemed to incline very decidedly towards the plaintiff.
The personal friends of the defendants looked somewhat anxious, although Mr. Wyllys and Hazlehurst still showed a steady front.
The testimony which we have given so briefly, as much of it has already appeared in the narrative, occupied the court more than one day, including the different cross-examinations of several witnesses, by the defendants: this duty fell to the lot of Mr.
Grant, who carried it on in his usual dry, sarcastic manner, but was unable to effect any important change in the state of things.
The following morning, the plaintiff's papers were laid before the court. The volume of the Spectator, and the letters already produced at Wyllys-Roof, were shown. In addition to these, the following papers were now brought forward: A letter addressed to the name of Benson, on board the British sloop-of-war, Ceres; another directed to William Bennet, on board the Dutch barque William, when at Batavia, nearly eighteen years since; this letter was important, as it was evidently written to an American sailor, and alluded to his having been recently s.h.i.+pwrecked on the coast of Africa, and taken up by a Dutch vessel. These doc.u.ments were all received with great interest, and their probable authenticity seemed generally admitted. Mr. Reed then observed: ”We shall close our evidence, gentlemen, by laying before you testimony, sufficient in itself to prove triumphantly the ident.i.ty of the plaintiff, when connected with a small portion only of that which has preceded it.”
He drew from his papers an old Russia-leather pocketbook, with the initials W. S. stamped upon in large Gothic letters.
Mr. Wyllys made an involuntary movement as it was held up for examination; that very pocket-book, or one exactly like it, had he given himself to the son of his old friend, the very last time he saw him. He watched the proceedings at this moment with intense interest--evident to everybody.
”This pocket-book, gentlemen, is the property of the plaintiff,”
continued Mr. Reed. ”The initials of his name, W. S., stamped upon it, are half-effaced, yet still sufficiently distinct to tell their story. But the contents of this precious book are of still greater importance to the interests of my client.”
Mr. Reed then opened it and drew from one side a letter, and read the address, ”William Stanley, New York, care of Jonas Thomson, Master of the s.h.i.+p Dorothy Beck.” ”This letter, gentlemen of the jury, is signed John Stanley--it is from the father of William Stanley, in whose name I now submit it to your examination.” The letter was then read; it corresponded entirely with the circ.u.mstances already known to the reader; its date, nature, handwriting, all were perfectly correct, and the signature was sworn to by several witnesses. Mr. Wyllys was evidently moved when the letter was read; he asked to look at it, and all eyes were turned on his venerable countenance, as he silently examined the paper. It was remarked that the hand which held the letter was not steady, and the features which bent over it betrayed perceptible agitation. Mr. Wyllys turned to Hazlehurst, as he finished reading the sheet.
”It is undeniably genuine; the letter of John Stanley to his son!” he said.
A short consultation succeeded between the defendants. Hazlehurst wrote a line or two on a slip of paper, and handed it to Mr.
Wyllys, and then to Ellsworth and Mr. Grant.
”Will the counsel for the plaintiff tell us, why these doc.u.ments were not produced at the interview with the defendants?” asked Mr. Ellsworth.
”We had several reasons for not doing so,” replied Mr. Clapp.
”Had our client not been received so coldly, and every effort employed to misunderstand him, we should have produced them earlier; although it would have been impossible to have shown them at that meeting, since they were not then in our possession.”
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