Volume Ii Part 39 (1/2)
”Will the plaintiff state where, and from whom he first received that pocket-book?” asked Mr. Grant.
Here the counsel for the plaintiff consulted together a moment.
It seemed as if their client was willing to answer the question; and that Mr. Reed advised his doing so, but Mr. Clapp opposed it.
”The defendants must be aware,” he said, ”that they had no right to question his client; Mr. Stanley therefore declined answering; he had already, at the proper time and place, answered many inquiries of theirs, in a manner which had, doubtless, appeared satisfactory to the court, although it had not satisfied the defendants. Mr. Stanley had lost all hope of answering any question of the defendants, in a manner SATISFACTORY TO THEM.”
Here the defendants were engaged for a moment in making notes.
Mr. Reed proceeded with the contents of the pocket-book. ”The letter of the father to his erring son, is not the only testimony we shall produce from the pocket-book of my client, gentlemen.”
A printed slip of newspaper, soiled, and yellow with age, was then drawn from one of the pockets, and read by Mr. Reed: ”Married, Wednesday, the 10th, at Trinity Church, New York, by the Rev. Charles G. Stanley, John Stanley, of Greatwood, Pennsylvania, to Elizabeth, daughter of the late Myndert Van Ryssen, of Poughkeepsie.”
Again the defendants showed evident interest. Mr. Wyllys pa.s.sed his hand over his face, to drive away melancholy recollections of the past; the present Mrs. Stanley was Miss Van Ryssen, and at that marriage he had stood by the side of his friends, as the priest united them.
”Is not that a touching memorial, gentlemen, of the workings of natural feeling in the heart of a misguided boy? He had left his father, left his home, left his friends in a fit of reckless folly, but when he meets with the name of the parent from whom he is estranged, in an American paper, in a distant land, he cuts the paragraph from the sheet, and it is carefully preserved among his precious things, during many succeeding years of hards.h.i.+ps, and of wrongs. But there is another striking fact connected with that sc.r.a.p of paper; the individual whose name stands there, as connected in the closest of human ties with the young man's father, is the same, whose legal representative I now see before me, prepared to oppose, by every means in his power, the claim of the son to the inheritance bequeathed him, with the forgiveness of his dying father. The simplest language I can choose, will best express the force of facts so painful. The circ.u.mstances are before you; it rests with you to say, whether tardy justice shall not at length make some amends for the wrongs of the last eighteen years.”
The defendants here asked to look at the paper; they could find no fault with it; in texture, colour, accuracy, every point, it corresponded with what it should be.
Mr. Reed paused an instant, and then continued. ”But, gentlemen of the jury, this old and well-worn pocket-book, the companion of my client's wanderings, and hard fortunes; the letter from the father to the son, received as authentic, without an instant's hesitation, by the defendants themselves; the marriage notice of the deceased father and the step-mother, now his legal opponent, are not the only proofs to be drawn from this portion of our testimony.”
Mr. Reed then opened the pocket-book, and showed that it had originally contained a number of leaves of blank paper; these leaves were partially covered with the hand-writing of William Stanley. The date of his going to sea, and the names of the vessels he had sailed in, were recorded. Brief, random notes occurred, of no other importance than that of proving the authenticity of the pocket-book. A sailor's song was written on one page; another was half-covered with figures, apparently some trifling accounts of his own. The date of a particular storm of unusual severity, was put down, with the lat.i.tude and longitude in which it occurred, the number of hours it lasted, and the details of the injury done to the vessel. This rude journal, if such it may be called, was handed to the jury, and also examined by the defendants.
Mr. Grant took it, observing with his usual set expression, and caustic manner, that ”it was certainly the pocket-book of a sailor, probably the pocket-book of William Stanley. It was connected with a singular story, a very singular story indeed; but, really, there was one fact which made it altogether the most extraordinary compound of leather and paper, that ever happened to fall in his way. If he was not mistaken, he had understood that the plaintiff, among other remarkable adventures, claimed to have just escaped drowning, by the skin of his teeth, when picked up on the coast of Africa, in the winter of 181-. His pocket-book seemed to have borne the s.h.i.+pwreck equally well; it was landed high and dry in that court-house, without a trace of salt-water about it. How did the plaintiff manage to preserve it so well? He should like the receipt, it might prove useful.”
{”receipt” = recipe}
Mr. Grant had been looking down very attentively at the pocket-book while speaking, occasionally holding it up for others to see, with studied carelessness; as he put the question, he suddenly raised his eyes, without changing his position, and fixed them searchingly, with a sort of ironical simplicity, on Mr. Clapp and his client.
”I can tell him all about it,” the plaintiff was heard to say, by those near him.
There was a moment's consultation between the plaintiff and his counsel. A juror then expressed a wish to hear the explanation.
Mr. Clapp rose and said: ”When Mr. Stanley was picked up by the 'William,' does the counsel for my client's step-mother suppose, that he was the only remnant of the wreck floating about? If he does, he happens to be mistaken. Mr. Stanley says there were two others of the crew picked up at the time he was, with the hope of restoring life, but they were dead. There were also several chests, and various other objects brought on board the 'William.'
One of the chests was his client's. The pocket-book was contained in a tin box, which happened to be wrapped in a piece of old sail-cloth, and nothing in the box was wet. It contained several old bank-notes, besides the pocket-book, and they were not wet.
He hoped the counsel for his client's step-mother was satisfied.”
Mr. Grant bowed. ”Much obliged for the explanation; but he was still inclined to think, that there must have been some peculiar process employed with that highly important pocket-book.”
Mr. Clapp replied by a short burst of indignation, at the intolerable insinuations of his opponent, and appealed to the court to silence them. Mr. Grant was accordingly reminded by the judge, that unless he had something beyond mere insinuations to offer, his remarks could not be listened to. Mr. Reed then related how these papers had been lost by his client, some years since; they had been left in a box at a boarding-house, during a voyage he made in the Pacific; the house was burnt down, and Mr.
Stanley had believed his papers lost, until he recently heard they were in possession of a s.h.i.+pmate, at New Bedford. Mr. Clapp and himself had gone there, and easily obtained them again from Robert Stebbins, the man in whose hands they had been since the fire. The fact of the fire was proved; Stebbins was sworn, and testified to having saved the box with his own effects, and his having quite lately returned it to the owner, on first hearing an account of the suit in which he was engaged. This part of the testimony was clearly laid before the court by Mr. Reed; and the evidence for the plaintiffs was closed, with these papers, and the examination of Stebbins, through whose hands they had come.
The cross-examination of the different witnesses was still conducted by Mr. Grant; several of the witnesses were made to contradict each other, and partially to contradict themselves; but as it was only on points of minor importance, no material change could be effected in the general appearance of things, in spite of all Mr. Grant's ingenuity. He kept Stebbins a long time on the stand; and once or twice this individual seemed a good deal confused in manner and expression; still nothing important could be drawn from him, his account of the papers corresponding sufficiently well with that of the plaintiff.
It was late in the afternoon when the proceedings of the trial reached this stage, and the court adjourned. Some of Hazlehurst's friends were uneasy, others were confident of success; Mr.
Stryker declared he thought the sailor had made out a very strong case, and he predicted that he would gain the suit. It is not to be supposed that Mrs. Stanley, and the ladies at Wyllys-Roof, were left in ignorance of what pa.s.sed in the court-room. Robert Hazlehurst, at whose house Mrs. Stanley and Miss Wyllys were staying, made brief notes of the proceedings every few hours, and sent them to his wife and friends, who despatched them by every mail to the younger ladies at Wyllys-Roof.
When the court met again, the time for the defendants to be heard had arrived.
The defence was opened by Hazlehurst; he had had but little practice at the bar, but, like most educated Americans, it required but little to fit him for speaking in public. His voice was good, his manner and appearance were highly in his favour; he had the best of materials to work with, native ability, cultivated by a thorough education, and supported by just views and sound principles. Energy of character and feeling helped him also; warming as he proceeded, he threw himself fully into his subject, and went on with a facility surprising to himself, and far surpa.s.sing the most sanguine expectations of his friends. As for his opponents, they had antic.i.p.ated very little from him. We give a sketch of his opening remarks:
”It is the first time, gentlemen,” he said, on rising to speak, ”that the individual who now addresses you, has ever appeared in a high court of justice, as an act of self-defence. I have never yet been solemnly called upon to account for my past actions by any fellow-creature. My moral motives have never yet been publicly impugned. The position in which I now stand, accused of denying the just rights of another, of wilfully withholding the parental inheritance from the son of my benefactor, is therefore as novel to myself in its whole character, as it must appear remarkable to you in its peculiar circ.u.mstances.