Page:All the Year Round - Series 2 - Volume 1.djvu/545

 condition. Meanwhile the triumphant lady entered on her hard-won property.

In four years time she married again; but within a month the new husband had to separate from her, owing, as her opponents were ungallant enough to inform the House of Lords in mixed legal and every-day vernacular, "to the violent and ungovernable temper of the said lady, and her desire and determination to rule the said gentleman in the same manner as she had ruled and governed the said Cæsar Coclough"—an unhandsome and needless aggravation. The same legal mind proceeds to relate how "an honourable but verbal agreement" was entered into between the separated parties, that he was to be guaranteed from all liability in any possible future litigation—a most characteristic specimen of a solicitor-like view of things, as though in their minds and experience, honour was not usually associated with any matters not in writing. And this theory was certainly fortified by their experience in this case, as they declared, that when her interest required it, the imperious lady tried to cast the whole responsibility on her separated husband.

However, after so long an interval as ten years, the relatives, who had been ingeniously kept from legal proceedings by certain arrangements of the estates, contrived by their clever enemy, determined to take the field. Long lists of counsel were enrolled; all the heavy howitzers and mortars of the Irish and English bars, and the light flying artillery were called out. Then began the usual edifying expenditure of clients' money. The disastrous litigation commenced, and in Hilary Term, 1852, the two great line-of-battle ships, heavily armed, and crowded with men, were successfully towed into the Irish Court of Chancery, and began the battle. The result of this first meeting was a putting off of the matter to another time, and to another tribunal, and an "issue was directed" to a local jury. Some months further on, all was ready again, and down went the howitzers and the artillery, every gun having splendidly "served out" to it handsome special fees, retainers, refreshers, and what not. The imperious lady was present during the whole trial, but quite disdained to appear, or to enter the witness-box. The jury found against her, that the last made will was not the "last will," and that it had been obtained by undue influence. This was no victory, but a mere repulse of the advanced guard, and notice was presently served of an application for a new trial. It was set down for hearing, when the counsel were "retained"—but was directed to stand over "until the judge furnished his notes."

Meanwhile the vigilant relatives discovered that the lady's agents were hard at work, tampering with their witnesses, "endeavouring to persuade them that their former evidence was untrue, and urging them to confess the same, which they refused to do," and regular affidavits were sworn to this effect. But at last, after motions, and no doubt consultations, the big vessels were again tugged into the Court of Chancery, about a year after they had been towed out for "the issue," and the Chancellor, having taken three months to brood over the matter, and having heard arguments for seven days, declared that the jury was right, and that he could not disturb their decision. Upon the next day the cause was further heard. An appeal was of course had to the House of Lords, who, after due time, reversed the verdict, and ordered a new trial. Here was good news for the profession: new refreshers, consultations, &c.

Meanwhile the untiring lady, exhausting every shape of strategy, had craftily instituted a little suit on English territory: an ejectment as to the house at Cheltenham.

The object of this was by a side wind, as it were, to obtain the prestige of a verdict from an English jury, and thus come over triumphantly, with drums beating and flags flying.

Hitherto everything might seem to have gone well with her. She had the authority of the highest tribunal in the land, and she had what certainly seemed a very good case. For what was more natural, than that a man, who cordially disliked all his relatives, who had fought a duel with one (after which they remained bitter foes—a duel being usually certain to reconcile even the most bitter Irish foes), who conceived that he had been badly and cruelly treated by them, should choose to leave his estates to the woman whom he had married for love, and who was latterly his only friend and companion. To the English jury at Cheltenham her case commended itself most reasonably, and it was noted that Lord Campbell, who tried it, treated her with the most scrupulous politeness, and even indulgence. It seemed a hard case: why should not the affectionate wife receive this testimonial of her husband's regard? Still there was one difficulty which seemed to press on the mind of the judge—the exclusion of the relatives. One of them, Sarsfield, had made his way to the gate, imploring to be allowed in. She explained this perfectly. This person had sent in a letter, which, when read by the dying man, had quite inflamed and excited him, and he had determined him not to admit him. She actually had it there and produced it. The other side made no appearance, and she of course obtained her verdict.

But they had taken the precaution to have a short-hand writer, sitting in a retired corner of the court, who was taking down every word; and when the Irish counsel read what was thus reported about the letter they were bewildered. She had made her case too symmetrical, and they did not forget that at the first trial it had been distinctly proved how Sarsfield Coclough came to the gate, had sent up his letter, and how it had been contemptuously sent out to him again, unopened, with threats. What could she have meant, or what letter was it? Whatever was the explanation, she had thus cured the weak portion of her case in the only part that seemed to support the charge of undue influence, and of keeping away his relations from his bedside. To solve this problem keen wits were set to work, wits of solicitors, brain and wisdom of the eloquent lawyer who