CHAPTER XIX.

LEX REX.

Stupefaction is a weak word to express the feelings of Saul Aronson when

a messenger awakened him at 1 o'clock Thursday morning with a request

from Shagarach that he would come to police station No. 5 at once. The

attorney's assistant was never a sluggard, but the celerity with which

on this occasion he scrambled into his street clothes would have done

credit to a lightning-change artist.

The police captain received him courteously, explaining, as he conducted

him to Shagarach's cell, his hesitancy about discharging the lawyer

without permission from McCausland, who had maliciously disappeared.

Both he and Shagarach were agreed that the most judicious course was to

accept a temporary release on bail, and later to secure a quashing of

the charge by an explanation to the district attorney. So Aronson set

out again to secure bail, and at 4 o'clock had the joy of seeing his

master pass down the station steps with his bondsman.

It was fortunate that the affair turned out so well, for the very next

day had been set down for the hearing in the Probate court on the

settlement of Benjamin Arnold's estate.

Hodgkins Hodgkins, Esq., flanked by the other two members of the firm of

Hodgkins, Hodgkins & Hodgkins--namely, his brother and his nephew--was

already on his feet to address the court when Shagarach, as

representative of Robert Floyd's interest, arrived and pushed to the

front. Except for the fact that he was Prof. Arnold's oldest

acquaintance in the city, it was hard to understand the selection of

Hodgkins for the responsible position of executor over a property of

$10,000,000.

A tall, withered specimen of nearly 70, thin-whiskered and jejune of

speech, you would have looked instinctively for the green bag at his

side if you had met him on the street. "Whereas" and "aforesaid" and a

dozen other legal barbarisms disfigured his rhetoric and the trick of

buttoning his coat with an important air over documents mysteriously

shuffled into his breast pocket was as natural to him as crossed legs to

a tailor.

But all this pomp, ridiculous as it was, gave no promise of the

disloyalty that was to follow. From the first words of his address it

became evident that Hodgkins Hodgkins, Esq., was there not to execute

the will of his friend but to oppose its execution. Like many another

intrusted with the same office, he had transferred his allegiance from

the forgotten dead to the living who had bounty to bestow. Mrs. Arnold,

sitting among the spectators, alone, might well congratulate herself

upon a clever stroke in engaging the services of the quondam executor

for her son.

"As counsel for the petitioner, Mr. Harry Arnold," said Hodgkins,

ahemming huskily, "I desire to explain to the court briefly my relation

to the case. As your honor has been informed, I enjoyed the privilege of

the testator's--or, more properly, the intestate's--acquaintance during

a period of nearly fifty years. During that period nothing, I believe,

ever occurred to mar our mutual trust and confidence. Up to six weeks

ago the deceased had never expressed any desire to alter the natural

distribution of his property after his death. Up to that time, although

approaching his seventy-ninth birthday, my honored friend had been

entirely satisfied, entirely satisfied, I repeat, with the prospects of

a division of his estate according to the laws of descent in this

commonwealth."

"A statement which we deny," broke in Shagarach, sotto voce. Hodgkins

was a little nonplussed.

"Am I to understand that Brother Shagarach, representing, I presume,

the interests of the other nephew, refers to some previously existing

testament?"

"Not at all. I refer, your honor, to oral expressions of an intention to

will his entire property to the nephew who lived with him, Mr. Robert

Floyd."

"There was a will drawn, which is not extant, I believe?" inquired the

judge.

"There was a will drawn," answered Shagarach, "but since unfortunately

destroyed, by which Floyd was disinherited."

"I opine, then"--Mr. Hodgkins frequently opined--"that Brother Shagarach

concedes the destruction of the document and is here----"

"To argue for its upholding."

The whole firm of Hodgkins, Hodgkins & Hodgkins looked as if a

thunderbolt had struck them at this announcement. Shagarach was throwing

away Robert's share, amounting to $5,000,000.

"We were not aware of this intention," said the senior member, after a

consultation, "and as to the alleged oral expressions of a purpose to

leave the--the accused nephew sole legatee--er--er in any case we should

have contested such a will on the ground of undue influence. Six weeks

ago," Hodgkins was now frowning as formidably as possible, "I received a

letter from my honored friend, informing me that he had made a will and

requesting me to assume the function of sole executor--a request which I

felt it a duty, as well as an honor, to accept."

"May I see the testator's letter?" said Shagarach, breaking in.

"I trust the court will accept my assurance----"

"It is no question of your word. I desire to see the terms of your

appointment as executor, and request that the letter be read."

"As the first step toward establishing the existence of a will," said

the judge, "upon which, I believe, both parties, all parties"--there

were several other lawyers present--"are agreed----"

Hodgkins and Shagarach bowed.

"The letter had best be read in evidence."

There was a great diving into green bags for awhile among the Hodgkins

firm, at the end of which the senior member read the following letter:

"Friend Hodgkins: You are the only one of your cursed tribe to whom

I ever got nearer than swearing distance, and our intimacy began

before you were admitted to the vulpine crew. Here I am, a

youngster of 78, anticipating death by thirty years at least and

indulging in the folly of will-making. Can you conceive anything

more absurd? I might as well think of getting insured so early in

life. But I was always excessively cautious, you know--hence my

odium advocatorum, I suppose. Can you superintend the job? Most of

my hoard goes elsewhere, but there will be some for the executor to

distribute, and you will find legal pickings in it that will pay

you. Write at once.

"BENJAMIN ARNOLD."

This eccentric epistle raised a smile among the lawyers, but Shagarach

was busily occupied drafting a verbatim copy while Hodgkins continued

his plea.

"I was remarking," he repeated, one of his favorite introductory

formulae, "that upon receiving this request I made haste to indite a

favorable response, as I felt bound in duty and honor----"

"And the prospect of pickings," added Shagarach, sotto voce, still

copying the letter. The senior member glared.

"It is needless to relate the unfortunate circumstance, in which Brother

Shagarach's client is so deeply implicated, which has relieved me of

this welcome if laborious trust. The will under which I was to serve in

the capacity of executor has been destroyed--destroyed, presumably, by

the party whose hopes of a fortune is cut off, and we stand here to-day

facing the same status which existed up to six weeks ago. I say the

same--I am in error. There is an important, a melancholy difference. Six

weeks ago my friend's nephew was not an accused and all but a convicted

murderer."

Hodgkins paused, as if expecting a rejoinder from Shagarach, but the

latter appeared profoundly absorbed in a telegram which Jacob had just

brought him.

"The property now stands in no man's name. There is no person to whom

its dividends, its rents, its interest, constantly becoming due, can

safely be paid. Under the laws of descent its title vests equally in the

heirs-at-law, the nephews of the deceased. But there is need of an

administration, in order that the two shares may be apportioned in a

satisfactory manner. I need not again allude to the circumstance which

renders a joint administration improper and impossible, the circumstance

which explains the absence of Brother Shagarach's client----"

"I do not see Brother Hodgkins' client in the courtroom," Shagarach

retorted to this sarcasm. As he spoke his eye fell on Mrs. Arnold's

haughty face.

"It is certain, however, that he is not occupying a felon's cell,"

answered Hodgkins. "Briefly, your honor, there is only one course open.

An administrator is urgently needed for this immense estate. In the

absence of a will, the heirs-at-law, being of age, would naturally be

selected, but under the circumstances I respectfully suggest that the

younger of the two nephews is debarred and that your honor's choice

should fall upon the elder, a college graduate, a young man who moves in

the highest social circles, and who has not, I believe, the honor of an

acquaintance with the inmates and turnkeys of the state prison."

Hodgkins had hardly sat down after this acrid peroration when Shagarach

was on his feet.

"I have only a few words to say at present. The case is by no means so

simple as my learned brother imagines. My learned brother assumes that

the physical destruction of the will has involved the extinction of its

contents. So mature an advocate does not need to be reminded that parol

proof of the contents of a will, of its accuracy in technical form, and

of its existence unrevoked at the time of the testator's death, are

equivalent in law to the presentation of the document itself.

"We have in the court-room today a number of witnesses who will testify

to the contents of the will. We have the witnesses who signed it to

prove its compliance with statutory requirements as to form; and I do

not understand that Brother Hodgkins denies that the paper was in

existence until destroyed at the Arnold fire."

"You object, then, to the issuance of administration papers to Mr. Harry

Arnold?" asked the judge.

"Emphatically. We desire to uphold the will. Brother Hodgkins has

introduced evidence as to the making of a will in the letter which he

read. I should like to put in evidence now the testimony of the three

witnesses to the signature."

When the three witnesses had sworn to Prof. Arnold's acknowledgment in

their presence of the will, to their own attestation of his signature,

and to the date, June 7, of these occurrences, another lawyer, who

appeared to act in concert with Shagarach, briefly announced his

guardianship of the interests of the heirs of Ellen Greeley, a legatee

in the sum of $1,000. After recounting the long and meritorious services

of the dead domestic, he called upon her sister to testify to several

conversations in which she had referred to the professor's generous

remembrance of her in his will.

"It is proper to state at this point," said Shagarach, "that the other

servant, Bertha Lund, is not represented here by counsel, but there is

evidence to show that she was remembered in the same manner as her

colleague."

Mrs. Christenson was thereupon called and deposed, exactly as Ellen

Greeley's sister had done, to the several conversations in which Bertha

had referred to her employer's liberality.

"Until yesterday evening," said Shagarach, "Bertha Lund was employed in

the country house of Mrs. Arnold at Hillsborough. A telegram, however,

sent to the station-master at that place, brings the answer that Miss

Lund took the outward-bound train at 5:21 this morning, being alone and

accoutred with a large baggage trunk. I doubt, therefore, if this

important witness as to the contents of the will can readily be found."

While he made this statement Shagarach searched Mrs. Arnold's face. Her

gaze shifted and she perceptibly whitened. Then the rise of still

another lawyer, also seeming to act in concert with Shagarach, drew

attention to the court. The new attorney represented, as he immediately

informed the judge, certain charitable institutions which had been

remembered under the clauses of the will--namely, the Duxborough

institution for the blind, of which the professor, who had himself been

operated on for cataract, had been throughout his life a conspicuous

supporter; the Woodlawn home for consumptives, the dipsomaniac hospital,

the Magdalen reformatory, the asylum for idiots and the Christian

orphanage. Letters were read from Prof. Arnold to the superintendents of

each of these institutions, requesting them to accept legacies of

$20,000 each under the will which he had just drawn. The letters were

couched in a stereotyped form and all dated alike.

But the most significant testimony of the day was contained in the last

document which this attorney presented--a letter.

"Dr. Silsby himself," he explained, "is detained from attendance at this

hearing by important scientific labors in the west."

The mention of Dr. Jonas Silsby's name caused the eyebrows of the

Hodgkins firm to elevate themselves unanimously in a manner which

amusingly accented the facial resemblance of the members. Jonas Silsby

had been a pupil of Prof. Arnold and was at present the most

distinguished arboreal botanist in the country. Along with some of his

master's eccentricities, such as vegetarianism, he had imbibed much of

his independence and noble honor. He was, moreover, Robert Floyd's most

intimate friend, bridging, as it were, by the full vigor of his

fifty-odd years, the great gap of half a century which separated the

boyish nephew from his octogenarian uncle.

Mrs. Arnold's quick smoothing with her finger of an imaginary loose

lock--the characteristic feminine gesture of embarrassment--did not

escape Shagarach's lustrous glance. The letter was worded as quaintly as

the other:

"My Dear Jonas: Rob has gone back on me, God bless him, the rogue,

and you've got to take my dollars. I know you don't want them, but

I'm going to commit inverse larceny just the same. I'll grab you by

the throat and stuff your pockets with gold, though you bellow

like an ox. You know what it's all about. We've talked it over

often enough. And I want it called the 'Arnold academia,' too. If

agriculture stops going to the dogs in this country through the

preaching of the dons my hoard keeps in shoe leather, then I want

the credit of it for my ghost downstairs. It'll need some comfort,

Jonas. But don't suppose I dream of quitting you yet, my boy, and

don't expect all of the pudding I've baked. There will be some

plums for the asylums, and some for the servants, and Rob, the

young rogue, has got to be provided for, willy-nilly. This is only

a hint, but verbum sap. We'll talk it over when you come east

again, with your pouches full of seeds. Here's good luck to you,

Jonas. It is God's world, anyway, and not the devil's. Your old

friend,

"BENJAMIN ARNOLD."

"Dr. Silsby explains," added the lawyer, "that the allusion in the text

to an academia refers to a cherished project for elevating the position

of the American farmer. The idea was to establish a great agricultural

university. It had been a frequent subject of discussion between them,

and nothing could be more natural than that Dr. Silsby should be

selected as president of the institution."

"And trustee of its funds," added Shagarach, looking at the senior

member of the bewildered firm of Hodgkins, Hodgkins & Hodgkins. Then the

court adjourned for lunch.

The Incendiary: A Story of Mystery · 第 19 / 58 章