CHAPTER XXVII.

IN WHICH PHIPPS IS NOT TO BE FOUND, AND THE GENERAL IS CALLED UPON TO DO

HIS OWN LYING.

At the appointed hour on the following morning, the Court resumed its

session. The plaintiff and defendant were both in their places, with

their counsel, and the witnesses of the previous day were all in

attendance. Among the little group of witnesses there were two or three

new faces--a professional-looking gentleman with spectacles; a

thin-faced, carefully-dressed, slender man, with a lordly air, and the

bearing of one who carried the world upon his shoulders and did not

regard it as much of a burden; and, last, our old friend Sam Yates.

There was an appearance of perplexity and gloom on the countenances of

Mr. Cavendish and his client. They were in serious conversation, and it

was evident that they were in difficulty. Those who knew the occasion of

the abrupt adjournment of the Court on the previous day looked in vain

among the witnesses for the face of Phipps. He was not in the room, and,

while few suspected the real state of the case, all understood how

essential he was to the defendant, in his attempt to establish the

genuineness of the assignment.

At the opening of the Court, Mr. Cavendish rose to speak. His bold,

sharp manner had disappeared. The instrument which he had expected to

use had slipped hopelessly out of his hand. He was impotent. "May it

please the Court," he said, "the defendant in this case finds himself in

a very embarrassing position this morning. It was known yesterday that

Cornelius Phipps, the only surviving witness of the assignment,

mysteriously disappeared at the moment when his testimony was wanted.

Why and how he disappeared, I cannot tell. He has not yet been found.

All due diligence has been exercised to discover him, but without

success. I make no charges of foul play, but it is impossible for me,

knowing what I know about him--his irreproachable character, his

faithfulness to my client, and his perfect memory of every event

connected with the execution of the paper in question--to avoid the

suspicion that he is by some means, and against his will, detained from

appearing here this morning. I confess, sir, that I was not prepared for

this. It is hard to believe that the plaintiff could adopt a measure so

desperate as this for securing his ends, and I will not criminate him;

but I protest that the condition in which the defendant is left by this

defection, or this forcible detention--call it what you will--demands

the most generous consideration, and compels me to ask the Court for

suggestions as to the best course of proceeding. There are now but two

men in Court who saw the paper executed, namely, the assignor and the

assignee. The former has declared, with an effrontery which I have never

seen equalled, that he never signed the document which so unmistakably

bears his signature, and that the names of two of the witnesses are

forgeries. I do not expect that, in a struggle like this, the testimony

of the latter will be accepted, and I shall not stoop to ask it."

Mr. Cavendish hesitated, looked appealingly at the Judge, and then

slowly took his seat, when Mr. Balfour, without waiting for any

suggestions from the Court, rose and said:

"I appreciate the embarrassment of the defense, and am quite willing to

do all I can to relieve it. His insinuations of foul dealing toward his

witness are absurd, of course, and, to save any further trouble, I am

willing to receive as a witness, in place of Mr. Phipps, Mr. Belcher

himself, and to pledge myself to abide by what he establishes. I can do

no more than this, I am sure, and now I challenge him to take the

stand."

The Judge watched the defendant and his counsel in their whispered

consultation for a few minutes, and then said: "It seems to the Court

that the defense can reasonably ask for nothing more than this."

Mr. Belcher hesitated. He had not anticipated this turn of the case.

There appeared to be no alternative, however, and, at last, he rose with

a very red face, and walked to the witness-stand, placing himself just

where Mr. Balfour wanted him--in a position to be cross-examined.

It is useless to rehearse here the story which had been prepared for

Phipps, and for which Phipps had been prepared. Mr. Belcher swore to all

the signatures to the assignment, as having been executed in his

presence, on the day corresponding with the date of the paper. He was

permitted to enlarge upon all the circumstances of the occasion, and to

surround the execution of the assignment with the most ingenious

plausibilities. He told his story with a fine show of candor, and with

great directness and clearness, and undoubtedly made a profound

impression upon the Court and the jury. Then Mr. Cavendish passed him

into the hands of Mr. Balfour.

"Well, Mr. Belcher, you have told us a very straight story, but there

are a few little matters which I would like to have explained," said Mr.

Balfour. "Why, for instance, was your assignment placed on record only a

few months ago?"

"Because I was not a lawyer, sir," replied Mr. Belcher, delighted that

the first answer was so easy and so plausible. "I was not aware that it

was necessary, until so informed by Mr. Cavendish."

"Was Mr. Benedict's insanity considered hopeless from the first?"

"No," replied Mr. Belcher, cheerfully; "we were quite hopeful that we

should bring him out of it."

"He had lucid intervals, then."

"Yes, sir."

"Was that the reason why, the next day after the alleged assignment, you

wrote him a letter, urging him to make the assignment, and offering him

a royalty for the use of his patents?"

"I never wrote any such letter, sir. I never sent him any such letter,

sir."

"You sent him to the asylum, did you?"

"I co-operated with others, sir, and paid the bills," said Mr. Belcher,

with emphasis.

"Did you ever visit the asylum when he was there?"

"I did, sir."

"Did you apply to the superintendent for liberty to secure his signature

to a paper?"

"I do not remember that I did. It would have been an unnatural thing for

me to do. If I did, it was a paper on some subordinate affair. It was

some years ago, and the details of the visit did not impress themselves

upon my memory."

"How did you obtain the letters of Nicholas Johnson and James Ramsey? I

ask this, because they are not addressed to you."

"I procured them of Sam Yates, in anticipation of the trial now in

progress here. The witnesses were dead, and I thought they would help me

in establishing the genuineness of their signatures."

"What reason had you to anticipate this trial?"

"Well, sir, I am accustomed to providing for all contingencies. That is

the way I was made, sir. It seemed to me quite probable that Benedict,

if living, would forget what he had done before his insanity, and that,

if he were dead, some friend of his boy would engage in the suit on his

behalf. I procured the autographs after I saw his boy in your hands,

sir."

"So you had not seen these particular signatures at the time when the

alleged assignment was made."

"No, sir, I had not seen them."

"And you simply procured them to use as a defense in a suit which seemed

probable, or possible, and which now, indeed, is in progress of trial?"

"That is about as clear a statement of the fact as I can make, sir;"

and Mr. Belcher bowed and smiled.

"I suppose, Mr. Belcher," said Mr. Balfour, "that it seems very strange

to you that the plaintiff should have forgotten his signature."

"Not at all, sir. On the contrary, I regard it as the most natural thing

in the world. I should suppose that a man who had lost his mind once

would naturally lose his memory of many things."

"That certainly seems reasonable, but how is it that he does not

recognize it, even if he does not remember the writing of it?"

"I don't know; a man's signature changes with changing habits, I

suppose," responded the witness.

"You don't suppose that any genuine signature of yours could pass under

your eye undetected, do you?" inquired Mr. Balfour.

"No, sir, I don't. I'll be frank with you, sir."

"Well, now, I'm going to test you. Perhaps other men, who have always

been sane, do sometimes forget their own signatures."

Mr. Balfour withdrew from his papers a note. Mr. Belcher saw it in the

distance, and made up his mind that it was the note he had written to

the lawyer before the beginning of the suit. The latter folded over the

signature so that it might be shown to the witness, independent of the

body of the letter, and then he stepped to him holding it in his hand,

and asked him to declare it either a genuine signature or a forgery.

"That's my sign manual, sir."

"You are sure?"

"I know it, sir."

"Very well," said Mr. Balfour, handing the letter to the clerk to be

marked. "You are right, I have no doubt, and I believe this is all I

want of you, for the present."

"And now, may it please the Court," said Mr. Balfour, "I have some

testimony to present in rebuttal of that of the defendant. I propose,

practically, to finish up this case with it, and to show that the story

to which you have listened is false in every particular.

"First, I wish to present the testimony of Dr. Charles Barhydt." At the

pronunciation of his name, the man in spectacles arose, and advanced to

the witness-stand.

"What is your name?" inquired Mr. Balfour.

"Charles Barhydt."

"What is your profession?"

"I am a physician."

"You have an official position, I believe."

"Yes, sir; I have for fifteen years been the superintendent of the State

Asylum for the insane."

"Do you recognize the plaintiff in this case, as a former patient in the

asylum?"

"I do, sir."

"Was he ever visited by the defendant while in your care?"

"He was, sir."

"Did the defendant endeavor to procure his signature to any document

while he was in the asylum?"

"He did, sir."

"Did he apply to you for permission to get this signature, and did he

importunately urge you to give him this permission?"

"He did, sir."

"Did you read this document?"

"I did, sir."

"Do you remember what it was?"

"Perfectly, in a general way. It was an assignment of a number of patent

rights and sundry machines, implements and processes."

Mr. Balfour handed to the witness the assignment, and then said: "Be

kind enough to look that through, and tell us whether you ever saw it

before."

After reading the document through, the Doctor said:

"This is the identical paper which Mr. Belcher showed me or a very

close copy of it. Several of the patents named here I remember

distinctly, for I read the paper carefully, with a professional purpose.

I was curious to know what had been the mental habits of my patient."

"But you did not give the defendant liberty to procure the signature of

the patentee?"

"I did not. I refused to do so on the ground that he was not of sound

mind--that he was not a responsible person."

"When was this?"

"I have no record of the date, but it was after the 12th of May,

1860--the date of Mr. Benedict's admission to the asylum."

"That is all," said Mr. Balfour. Mr. Cavendish tried to cross-examine,

but without any result, except to emphasize the direct testimony, though

he tried persistently to make the witness remember that, while Mr.

Belcher might have shown him the assignment, and that he read it for the

purpose which he had stated, it was another paper to which he had wished

to secure the patient's signature.

Samuel Yates was next called.

"You are a member of our profession, I believe," said Mr. Balfour.

"I am, sir."

"Have you ever been in the service of the defendant in this case?"

"Yes, sir."

"What have you done for him?"

"I worked many months in the endeavor to ascertain whether Paul Benedict

was living or dead."

"It isn't essential that we should go into that; and as the defendant

has testified that he procured the autograph letters which are in the

possession of the Court from you, I presume you will corroborate his

testimony."

"He did procure them of me, sir."

"Did he inform you of the purpose to which he wished to put them?"

"He did, sir. He said that he wished to verify some signatures."

"Were you ever employed in his library at Sevenoaks, by his agent?"

"Yes, sir, I wrote there for several weeks."

"May it please the Court, I have a letter in my hand, the genuineness of

whose signature has been recognized by the defendant, written by Robert

Belcher to Paul Benedict, which, as it has a direct bearing upon the

case, I beg the privilege of placing in evidence. It was written the

next day after the date of the alleged assignment, and came inclosed

from Benedict's hands to mine."

Mr. Belcher evidently recalled the letter, for he sat limp in his chair,

like a man stunned. A fierce quarrel then arose between the counsel

concerning the admission of the letter. The Judge examined it, and said

that he could see no reason why it should not be admitted. Then Mr.

Balfour read the following note:

"SEVENOAKS, May 5, 1860.

"_Dear Benedict:_--I am glad to know that you are better. Since you

distrust my pledge that I will give you a reasonable share of the

profits on the use of your patents, I will go to your house this

afternoon, with witnesses, and have an independent paper prepared, to be

signed by myself, after the assignment is executed, which will give you

a definite claim upon me for royalty. We will be there at four o'clock.

"Yours, ROBERT BELCHER."

"Mr. Yates," said Mr. Balfour, "have you ever seen this letter before?"

Yates took the letter, looked it over, and then said: "I have, sir. I

found the letter in a drawer of the library-table, in Mr. Belcher's

house at Sevenoaks. I delivered it unopened to the man to whom it was

addressed, leaving him to decide the question as to whether it belonged

to him or the writer. I had no idea of its contents at the time, but

became acquainted with them afterwards, for I was present at the opening

of the letter."

"That is all," said Mr. Balfour.

"So you stole this letter, did you?" inquired Mr. Cavendish.

"I found it while in Mr. Belcher's service, and took it personally to

the man to whom it was addressed, as he apparently had the best right to

it. I am quite willing to return it to the writer, if it is decided that

it belongs to him. I had no selfish end to serve in the affair."

Here the Judge interposed. "The Court," said he, "finds this letter in

the hands of the plaintiff, delivered by a man who at the time was in

the employ of the defendant, and had the contents of the room in his

keeping. The paper has a direct bearing on the case, and the Court will

not go back of the facts stated."

Mr. Cavendish sat down and consulted his client. Mr. Belcher was afraid

of Yates. The witness not only knew too much concerning his original

intentions, but he was a lawyer who, if questioned too closely and

saucily, would certainly manage to bring in facts to his disadvantage.

Yates had already damaged him sadly, and Mr. Belcher felt that it would

not do to provoke a re-direct examination. So, after a whispered

colloquy with his counsel, the latter told the witness that he was done

with him. Then Mr. Belcher and his counsel conversed again for some

time, when Mr. Balfour rose and said, addressing the Court:

"The defendant and his counsel evidently need time for consultation,

and, as there is a little preliminary work to be done before I present

another witness, I suggest that the Court take a recess of an hour. In

the meantime, I wish to secure photographic copies of the signatures of

the two autograph letters, and of the four signatures of the assignment.

I ask the Court to place these documents in the keeping of an officer,

to be used for this purpose, in an adjoining room, where I have caused a

photographic apparatus to be placed, and where a skillful operator is

now in waiting. I ask this privilege, as it is essential to a perfect

demonstration of the character of the document on which the decision of

this case must turn."

The Judge acceded to Mr. Balfour's request, both in regard to the recess

and the use of the paper, and the assembly broke up into little knots of

earnest talkers, most of whom manifested no desire to leave the

building.

Mr. Cavendish approached Mr. Balfour, and asked for a private interview.

When they had retired to a lobby, he said: "You are not to take any

advantage of this conversation. I wish to talk in confidence."

"Very well," said Mr. Balfour.

"My client," said Cavendish, "is in a devilish bad box. His principal

witness has run away, his old friends all turn against him, and

circumstantial evidence doesn't befriend him. I have advised him to stop

this suit right here, and make a compromise. No one wants to kill the

General. He's a sharp man, but he is good-natured, and a useful citizen.

He can handle these patents better than Benedict can, and make money

enough for both of them. What could Benedict do if he had the patents in

his hands? He's a simpleton. He's a nobody. Any man capable of carrying

on his business would cheat him out of his eye-teeth."

"I am carrying on his business, myself, just at this time," remarked Mr.

Balfour, seriously.

"That's all right, of course; but you know that you and I can settle

this business better for these men than they can settle it for

themselves."

"I'll be frank with you," said Mr. Balfour. "I am not one who regards

Robert Belcher as a good-natured man and a useful citizen, and I, for

one--to use your own phrase--want to kill him. He has preyed upon the

public for ten years, and I owe a duty not only to my client but to

society I understand how good a bargain I could make with him at this

point, but I will make no bargain with him. He is an unmitigated

scoundrel, and he will only go out of this Court to be arrested for

crime; and I do not expect to drop him until I drop him into a

Penitentiary, where he can reflect upon his forgeries at leisure."

"Then you refuse any sort of a compromise."

"My dear sir," said Mr. Balfour, warmly, "do you suppose I can give a

man a right to talk of terms who is in my hands? Do you suppose I can

compromise with crime? You know I can't."

"Very well--let it go. I suppose I must go through with it. You

understand that this conversation is confidential."

"I do: and you?"

"Oh, certainly!"

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