The triumvirate and Leddy Grippy were disconcerted at the appearance
of Mr. Keelevin--for, at that moment, the result of Mr. Threeper’s
inquiries among the servants had put them all in the most agreeable
and unanimous opinion with respect to the undoubted certainty of poor
Watty’s fatuity.--‘We have just to walk over the course,’ the advocate
was saying; when George, happening to glance his eye towards the
window, beheld the benevolent lawyer coming up the avenue.
‘Good Heavens!’ said he, ‘what can that old pest, Keelevin, want here?’
‘Keelevin!’ exclaimed the Leddy,--‘that’s a miracle to me. I think,
gentlemen,’ she added, ‘ye had as weel gang away by the back door--for
ye would na like, maybe, to be fashed wi’ his confabbles. He’s no a
man, or I’m far mista’en, that kens muckle about the prejinketties
o’ the law, though he got the poor daft creature harl’t through the
difficulties o’ the plea wi’ my cousin Gilhaise, the Mauchlin maltster.
I’m very sure, Mr. Threeper, he’s no an acquaintance ye would like
to cultivate, for he has na the talons o’ an advocate versed in the
devices o’ the courts, but is a quirkie bodie, capable o’ making law
no law at a’, according to the best o’ my discernment, which, to be
sure, in matters o’ locutories and decreets, is but that o’ a hamely
household woman, so I would advise you to eschew his company at this
present time.’
Mr. Threeper, however, saw further into the lady’s bosom than she
suspected; and as it is never contrary, either to the interest of
advocate or agent, to avoid having causes contested, especially when
there is, as was in this case, substance enough to support a long and
zealous litigation, that gentleman said,--
‘Then Mr. Keelevin is the agent who was employed in the former action?’
‘Just sae,’ resumed the Leddy, ‘and ye ken he could na, wi’ ony regard
to himsel, be art and part on this occasion.’
‘Ah, but, madam,’ replied the advocate, earnestly, ‘he may be agent for
the _fatuus_. It is, therefore, highly proper we should set out with a
right understanding respecting that point; for, if the allegations are
to be controverted, it is impossible to foresee what obstacles may be
raised, although, in my opinion, from the evidence I have heard, there
is no doubt that the fatuity of your son is a fact which cannot fail to
be in the end substantiated. Don’t you think, Mr. Pitwinnoch, that we
had as well see Mr. Keelevin?’
‘Certainly,’ said Gabriel. ‘And, indeed, considering that, by the brief
to the Sheriff, the Laird is a party, perhaps even though Mr. Keelevin
should not have been employed, it would be but fair, and look well
towards the world, were he instructed to take up this case on behalf of
the _fatuus_. What say you, Mr. Walkinshaw?’
George did not well know what to say, but he replied, that, for
many reasons, he was desirous the whole affair should be managed as
privately as possible. ‘If, however, the forms of the procedure require
that an agent should act for Walter, I have no objection; at the same
time, I do not think Mr. Keelevin the fittest person.’
‘Heavens and earth!’ exclaimed the Leddy, ‘here’s a respondenting and
a hearing, and the Lord Ordinary and a’ the fifteen Lords frae Embro’
come to herry us out o’ house and hall. Gentlemen, an ye’ll tak my
advice, who, in my worthy father’s time, had some inkling o’ what the
cost o’ law pleas are, ye’ll hae naething to do wi’ either Keelevin,
Gardevine, or ony other Vines in the shape o’ pro forma agents; but
settle the business wi’ the Sheriff in a douce and discreet manner.’
Mr. Threeper, looking towards Mr. Pitwinnoch and George, rapped his
ivory snuff-box, rimmed and garnished with gold, and smiling, took a
pinch as Mr. Keelevin was shown into the room.
‘Mr. George,’ said Mr. Keelevin, sedately, after being seated; ‘I am
not come here to ask needless questions, but as Man of Business for
your brother, it will be necessary to serve me with the proper notices
as to what you intend.’
Mr. Threeper again had recourse to his box, and Gabriel looked
inquiringly at his client--who could with difficulty conceal his
confusion, while the old lady, who had much more presence of mind,
said,--
‘May I be sae bold, Mr. Keelevin, as to speer wha sent you here, at
this time?’
‘I came at Mr. Walter’s own particular and personal request,’ was the
reply; and he turned at the same time towards the advocate, and added,
‘That does not look very like fatuity.’
‘He never could hae done that o’ his own free will. I should na wonder
if the interloper, Bell Fatherlans, sent him--but I’ll soon get to the
bottom o’t,’ exclaimed the Leddy, and she immediately left the room in
quest of Mrs. Charles, to inquire. During her absence, Mr. Keelevin
resumed,--
‘It is not to be contested, Mr. Threeper,’ for he knew the person
of the advocate, ‘that the Laird is a man o’ singularities and
oddities--we a’ hae our foibles; but he got a gude education, and his
schoolmaster bore testimony on a former occasion to his capacity; and
if it can be shown that he does not manage his estate so advantageously
as he might do, surely that can never be objected against him, when
we every day see so many o’ the wisest o’ our lairds, and lords,
and country gentry, falling to pigs and whistles, frae even-doun
inattention or prodigality. I think it will be no easy thing to prove
Mr. Walter incapable o’ managing his own affairs, with his mother’s
assistance.’
‘Ah! Mr. Keelevin, with his mother’s assistance!’ exclaimed the acute
Mr. Threeper. ‘It’s time that he were out of leading-strings, and able
to take care of himself, without his mother’s assistance--if he’s ever
likely to do so.’
At this crisis, the Leddy returned into the room flushed with anger.
‘It’s just as I jealoused,’ cried she; ‘it’s a’ the wark o’ my
gude-dochter--it was her that sent him; black was the day she e’er
came to stay here; many a sore heart in the watches o’ the night hae I
had sin syne, for my poor weak misled lad; for if he were left to the
freedom o’ his own will, he would na stand on stepping stanes, but,
without scrupulosity, would send me, his mother, to crack sand, or mak
my leaving where I could, after wastering a’ my jointure.’
This speech made a strong impression on the minds of all the lawyers
present. Mr. Keelevin treasured it up, and said nothing. Our friend
Gabriel glanced the tail of his eye at the advocate, who, without
affecting to have noticed the interested motive which the Leddy had
betrayed, said to Mr. Keelevin,--
‘The case, sir, cannot but go before a jury; for, although the _fatuus_
be of a capacity to repeat any injunction which he may have received,
and which is not inconsistent with a high degree of fatuity--it does
not therefore follow that he is able to originate such motions or
volitions of the mind as are requisite to constitute what may be
denominated a legal modicum of understanding, the possession of which
in Mr. Walter Walkinshaw is the object of the proposed inquiry to
determine.’
‘Very well, gentlemen, since such is the case,’ replied Mr. Keelevin,
rising, ‘as I have undertaken the cause, it is unnecessary for us to
hold any further conversation on the subject. I shall be prepared to
protect my client.’
With these words he left the room, in some hope that possibly they
might induce George still to stay proceedings. But the cupidity of
George’s own breast, the views and arguments of his counsel, and the
animosity of his mother, all co-operated to weaken their effect; so
that, in the course of as short a time as the forms of the judicature
permitted, a jury was empannelled before the Sheriff, according to the
tenor of the special brief of Chancery which had been procured for the
purpose, and evidence as to the state of poor Watty’s understanding
and capacity regularly examined;--some account of which we shall
proceed to lay before our readers, premising that Mr. Threeper opened
the business in a speech replete with eloquence and ingenuity, and
all that metaphysical refinement for which the Scottish bar was then,
as at present, so justly celebrated. Nothing, indeed, could be more
subtile, or less applicable to the coarse and daily tear and wear of
human concerns, than his definition of what constituted ‘the minimum
of understanding, or of reason, or of mental faculty in general, which
the law, in its wisdom, required to be enjoyed by every individual
claiming to exercise the functions that belong to man, as a subject,
a citizen, a husband, a father, a master, a servant,--in one word, to
enable him to execute those different essential duties, which every
gentleman of the jury so well knew, and so laudably, so respectably,
and so meritoriously performed.’--But we regret that our limits do not
allow us to enter upon the subject; and the more so, as it could not
fail to prove highly interesting to our fair readers, in whose opinion
the eloquence of the Parliament House of Edinburgh, no doubt, possesses
many charming touches of sentiment, and amiable pathetic graces.