for the payment, to that gentleman, | by Mr Aubrey. It also appeared that on demand, of £5000, with interest, Mr Titmouse had not hitherto receivby Charles Aubrey. Sir CHARLES ed any portion of the large amount, WOLSTENHOLME, Mr STERLING, and Mr £20,000, yet due in respect of the CRYSTAL, now appeared to show cause mesne profits. The affidavits read by -and took a preliminary objection to the Attorney-General set forth a corthe form of the rule. After a length- respondence which had taken place ened discussion, the Court decided between Mr Titmouse's solicitor and that the rule might be moulded so as Mr Gammon, in which the latter into meet the facts of the case, and di- sisted, in the most strenuous terms, rected cause to be shown on the merits. upon the honourable engagement un"From the affidavits filed in answer der which he conceived himself to be to the rule, it appeared that, shortly to Mr Aubrey, and solemnly declared after the termination of the case of his belief that Mr Aubrey was under Doe dem. Titmouse v. Jolter, in which, a similar impression; at the same it will be recollected, the lessor of the time, there were expressions in Mr plaintiff succeeded in establishing his Gammon's letters, from which it was right to extensive estates in Yorkshire, plain that he was aware of the right, Mr Gammon had been active in endea in point of strict law, of Mr Titvouring to effect an amicable arrange- mouse, to the documents in question. ment with the defendant in that action, It also appeared from the affidavits of concerning the mesne profits; and, af- Mr Titmouse, and was not denied by ter great exertions, had persuaded his those of Mr Gammon, that the former client, Mr Titmouse, to enter into an had repeatedly urged the latter to deagreement highly advantageous to Mr liver up the notes, or commence proAubrey-who was to be released, as we ceedings against Mr Aubrey - but understood, from no less a sum than that Mr Gammon had, on all such Sixty Thousand Pounds, due in respect occasions previous to the present one, of the mesne profits, on giving the two succeeded in dissuading him from his promissory notes which formed the purpose. It had, moreover, been alsubject of the present application. It leged on behalf of Mr Titmouse, further appeared, that on obtaining that Mr Gammon was acting in colMr Aubrey's signature to these pro- lusion with Mr Aubrey to defeat the missory notes, Mr Gammon had ex- just claim of Mr Titmouse; but this plicitly and repeatedly assured him Sir Charles Wolstenholme indignantthat he need be under no apprehen- ly disclaimed on the part of Mr sion of being called on for payment Gammon, whose conduct throughout of them, for several years; but that showed the nicest sense of honour, the notes should remain in the hands and the utmost possible anxiety to inof Mr Gammon, and should not be put terfere between an unfortunate genin suit till after a twelvemonth's notice tleman and utter ruin. But, should have been given to Mr Aubrey. It did not distinctly appear whether Mr Titmouse was ever made aware of this understanding between Mr Gammon and Mr Aubrey-at all events, nothing had ever passed in writing upon the subject. Mr Gammon, on the contrary, frankly admitted it to be possible that Mr Titmouse might have been under the impression, while surrendering so great a claim against Mr Aubrey, that the sum secured by the two promissory notes was to have been before this time liquidated. There was no affidavit made on the subject "The COURT, without calling on Mr SUBTLE (with whom were Mr Goose and Mr MUD), said the rule must 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 | the wretched technicalities, the petty was not even shown to have been quirks, and quibbles, of the law aware of them. It was not pretended which required a radical reform. Inthat Mr Gammon, or any of his part- deed, the whole system of our jurisners, had any lien on the notes, prudence called for the most searching which must be therefore given up to revision, which, he hoped, would ere Mr Titmouse. With respect to the long take place. Then followed some imputation against Mr Gammon, of severe animadversions upon the conbeing in collusion with Mr Aubrey, duct of Lord Widdrington, in giving Lord Widdrington added, that from effect to such pettifogging subterfuges the high public character of that as had that day served plainly to degentleman it was impossible for a feat the ends of justice; and the article, moment to imagine him capable of any hinting at the infirmities of advancing thing inconsistent with the strictest age, concluded by calling upon his honour; and Mr Gammon's conduct lordship to resign his seat on the showed that, though mistaken as to bench and make way for a more libethe extent of his power over the notes ral and enlightened successor, who intrusted to him, he had acted from would decide every case that came bethe purest motives, and evinced an fore him, according to the dictates of honourable anxiety to serve the inte- natural equity and common sense, rests of one whom he believed to be without being trammelled by such unfortunate. The rule was then made considerations as at present fettered absolute; but on Mr Subtle applying and impeded the due administration for the costs, the remainder of the day of justice. It did so happen, inter was occupied in an elaborate discus-nos, that this same incompetent Lord sion upon the question-which, however, was eventually referred to the Master." Widdrington had called down upon himself and his court the foregoing philippic, by having imposed a smart Nor was this all. The intelligent fine upon the publisher of the Morning editor of the Morning Growl, happen- Growl, and superadded a twelvemonth's ing to cast his eye over the above, imprisonment, for an execrable libel while lying in proofs, made it the sub- upon an unoffending and amiable ecject of an eloquent leading article, in clesiastical dignitary; and this, too, which were contained many just and his lordship had done, after overruling striking reflections on the continual an almost interminable series of frivoinconsistency between law, as admin-lous and vexatious technical objections istered in England, and justice, of to the proceedings, urged by the dewhich the present, he said, was a glar- fendant's counsel, in conformity with ing instance. It was truly lamentable the instructions which he had reit seemed to find truth and honour, ceived, to take every possible advangenerosity and justice, all sacrificed to tage. CHAPTER V. KATE COMMUNICATES A SECRET TOLD HER BY MR GAMMON; WHO SECURES HER BROTHER A NIGHT WITH MR VICE. Ar the earliest moment at which Mr Aubrey could, without suspicion, extricate himself from the embraces of his overjoyed wife, sister, and children, on his return to Vivian Street, he withdrew to his study, in order, professedly, to despatch some letters; but really to peruse the paper which had been given to him by Mr Runnington, with such ominous significance. His eye soon caught the words "Ex parte, Titmouse, M.P."—and he glanced over the above report of the proceedings, with exceeding agitation. He read it over twice or thrice, and felt really sick at heart. to Vivian Street, being in total ignorance of your intended movements. If you have not taken my advice, and withdrawn from the kingdom, I know not what grievous indignity may have befallen you. You may have been torn from your family, and now incarcerated in prison, the victim of a cruel and inveterate rapacity. My conscience bears me witness that I can say—I can do-no more for you. I am grossly misrepresented—I am insulted, by having base and sinister motives attributed to me, for my conduct towards you, for my anxious and repeated interference on your behalf. "Oh, unfathomable Gammon !" he In the Morning Growl of to-day you exclaimed at length, aloud, laying will probably see, if you have not aldown the paper, and sinking into his ready seen, the report of some rather chair. Surely I am the weakest, or expensive and oppressive proceedings you the subtlest of mankind!" He against myself, yesterday, in the Court turned over in his thoughts every of King's Bench. It may apprise you thing that he could recollect of Gam- of the last desperate stand I have mon's conduct, from the first moment made for you. It is with bitter regret that they had met; and felt baffled with a feeling_of deep indignation, and bewildered. Again he perused the report of the proceedings in the King's Bench-and would have again relapsed into thought; but his eye happened to alight on two or three notes lying on his table, where they had been placed by Fanny, having come in his absence. He opened the first listlessly, not knowing the handwriting; but, on unfolding it, started violently on recognising that of Gammon, within; and with mingled wonder and fear, read as follows: "THAVIES' INN. "DEAR SIR,-Heaven only knows when or where these hasty lines will find you. I am forced to address them that I tell you I am unable to fulfil my solemn, deliberate, repeated promise to you concerning the two promissory notes which you deposited with me, in implicit reliance on my honour. Alas! you must prepare for the worst! Mr Titmouse and his new adviser can have, of course, but one object in requiring the surrender of the two promissory notes, which I have already been compelled to give up, under peril of an attachment for contempt of court. I have strained, God knows! every nerve on your behalf; have all but fatally quarrelled with Mr Titmouse, and with my partners; and I stand in some measure compro mised, by the recent proceedings, be- | face in his hands, and remained for some time in_that_ posture. 66 "What am I to do?" he presently inquired, rising, and walking to and fro. Fly-he says! Were I weak and unprincipled enough to do so, should I not, in all human probability, | fall into the deepest pit he has dug for me?. - but be that as it may-fly I will not! Never! Never! Those dear - those precious beings in yonder room"-his heart thrilled within him แ may weep, but shall never BLUSH, for me ĭ "Why-how horrid is my position!" he presently exclaimed to himself. "Ten thousand pounds and upMr Aubrey laid down this letter; wards, must either I pay, or Lord De and sinking back again into his chair, la Zouch for me, within a few months; yielded for some moments to an im- -here is a second ten thousand pulse nearly akin to despair. "Oh pounds, with nearly five hundred God!" he exclaimed, pressing his hand pounds of interest; I have been toagainst his aching forehead "today arrested for almost fifteen hunwhat hast thou destined us, thy wretch- dred pounds; and this man Titmouse ed creatures!—I am forbidden to be- holds my bond for two thousand lieve I cannot-I will not believe pounds more, and interest! Is it, -that thou hast made, only to tor- then, thy will, O God! that I am to ment, us; yet, alas! my spirit is at sink beneath my troubles? Am I to length drooping under these accumu- perish from thy sight? To be crushed lated evils!-Oh God! Oh God! I am beneath thy displeasure?— Or, merblind. Give me sight, to discern thy ciful Father! wilt THOU save me, will concerning me!-Oh give me not when there is none other to help! Let upto despair! Break not the bruised reed! me but see that the rod is in Thy fatherQuench not the smoking flax!-What is ly hand, and I will humbly kiss it!" to become of me? Is this man thy mes- Calmness seemed stealing insensibly senger of evil to me? Is he the subtle over his troubled spirit; his agitated and vindictive fiend I fear him to be? feelings sank gradually into an indeWhat can be his object - his motive scribable and wonderful repose; in --for resorting to such tortuous and that dismal moment of extreme sufcomplicated scheming against us as fering, his soul became blessedly senmust be his, if he be playing the sible of its personal relationship to hypocrite? Or is he really what he God;-that he was not the miserable represents himself? And am I guilty victim of chance-as the busy spirit of groundless distrust-of gross in- of darkness incessantly whispered in gratitude?-What shall I think, what his ear-but in the hands of the Facan I do? Oh my God, preserve my ther of the spirits of all flesh, who my understanding! listened, in his behalf, to the pleading My brain seems reeling! My per- of One touched with the feeling of our ceptions are becoming disturbed!— infirmities-who was in all points temptPerhaps this very night the frightfuled, even as we are. His fainting spirit scene of the morning may be acted over again! again my bleeding heart be torn from those it loves-to whom thou hast united it !"-A deep sigh, or rather groan, burst from him; and leaning over the table, he buried his senses to me felt sustained by the grace for which it had sought; the oil and balm of a sound Scriptural consolation, were poured into his quivering wounds. Before his quickened eye arose many bright figures of those who had glo. riously overcome the fiercest assaults Just as they were finishing dinner of the Evil One, resisting even unto -a mere mockery of a meal-a double death :—he felt for a moment compass-knock at the door occasioned them all ed about by a great cloud of witnesses to not a little agitation; but, as the event the mercy and goodness of God. Oh, in proved, needlessly, since it announced that sublime moment, how little seem- the arrival of only their kind expeed the sorrows which had before rienced friend, Mr Runnington-who appeared so great! He felt, in a evidently felt infinitely relieved at manner, at once humbled and ex- finding that Mrs Aubrey and Kate alted. Invisible support clung to his had been made acquainted by Mr Auconfident soul-as if he were sur- brey with the additional source of rounded by the arm of Him who will apprehension afforded by the report not suffer us to be tempted above what we of the preceding day's doings in the are able; but will, with the temptation, King's Bench. Mr Runnington felt also make a way to escape, that we may assured that within twenty-four hours' be able to bear it. He sank silently time, proceedings would be taken upon his knees; and with clasped against Mr Aubrey! whom, he rehands, and his face raised towards minded, that as in the former, so in Heaven, with profound contrition of the anticipated case, the extent of his spirit, yet with firm faith, besought immediate anxiety would be the findthe mercy which God has promised to ing bail for so serious an amount; but those who thus will ask for it. Thus, in that difficulty surmounted, he would communion with his Maker, he did be safe from personal annoyance and not perceive the door gently opened, apprehension till the ensuing Novemand by Mrs Aubrey-who, closing it ber. Mr Aubrey then apprised Mr hastily after her, flung her arm round Runnington of the death of Lady Strathis neck, sinking down beside him, ton, and the grievous events connected and in a low, fond voice, exclaimed- with it, amidst the tears and sobs of Oh, my own love! My own Charles! Mrs Aubrey and Kate. Though he My poor, oppressed, persecuted, heart- said but little, his countenance showed broken husband! Pray for me-me how much he was shocked by the inalso!" He gently returned her em- telligence. "Never in my experience," brace, looking at her unutterable at length he observed, a thirty-six things; and after they had remained years' experience in the profession, thus for a few moments, they arose. have I heard of, or met with, such a He gazed at her with unspeakable case of complicated misfortune as tenderness, and a countenance full of yours! 'But it is,' as the old proserenity. verb has it, a long lane that has no turning.' We must trust, my dear sir, to the chapter of accidents!" O, Suffering! thou art the rough but only soil in which grows the sweet flower, Resignation! Mr Aubrey gently soothed her agitated feelings, and succeeded in communicating to her a measure of the composure which he experienced himself. Before they had quitted that little room, he had even apprised her, faithfully, of the peril which momentarily menaced them-and again the cold waters gushed over her soul. At length, however, she had recovered her self-possession sufficiently to return to the room she had quitted, and instantly blanched Miss Aubrey's cheek by communicating the new terrors which threatened them. 66 "Oh, Mr Runnington!" interrupted Aubrey with vivacity, "there is no such thing! It is the order of Providence!" They then entered into a long conversation; in the course of which-" If our fears, our worst fears, be confirmed," observed Runnington, "and they really venture to put in suit these two notes, then they will have thrown down the gauntlet. I'll take it up-and there's no knowing what may happen when we come to close quarters. First and foremost, I'll tax away every farthing of the alleged 'balance' of their monstrous bill-ay, I'll stake my reputation on it, that I |
