_King John_. Our strong possession, and our right, for us.
_Elinor_. Your strong possession, much more than your right;
Or else it must go wrong with you, and me:
So much my conscience whispers in your ear,
Which none but Heaven, and you, and I, shall hear.
Shakspeare.
Early the following day, Randolph sprang into the carriage which was to
convey him to Bodmin, where his fate would, for the present at least, be
decided. He bade his sister good-bye in a cheerful voice, but with a
gloomy countenance, and she staid at the hall-door until the gates had
closed upon his way. The carriage rattled down the descent of the
base-court, and round the village green; and the few rustics, who met it
with respectful salutes, shook their heads doubtfully as they looked
after it, and foreboded no joyful return.
But the sun was shining bright and warm; the hedges were bursting
prematurely into leaf; the birds were singing merrily; all the
influences of nature concurred to raise the spirits of the wayfarer, and
inspire him with hope. He became interested in the journey, and his
presentiments of evil vanished away.
In the evening Randolph entered the precincts of the county town, and
was driven to the hotel, where he had appointed to meet Polydore Riches;
and glad he was to escape from the bustle and noise of the busy town to
the parlour engaged by the chaplain. He was also glad to find that
Polydore, anticipating his wishes, had provided against any visits. He
did not even desire to see Rereworth.
The next morning, after a slight and hasty breakfast, he took the
chaplain's arm, and proceeded through the lively and crowded streets to
the court-house. No one knew him, and he passed along entirely unheeded.
But the cause had excited very considerable interest. The story of the
quarrel between Mrs. Pendarrel and her early suitor was by no means
forgotten, and the rumour of her new attack upon Trevethlan Castle had
attracted no little attention. The circumstances of its late owner's
marriage were recalled to mind, and regarded with various kinds of
criticism. The lovers of scandal flocked to the court-house in hope of
gratifying their spleen, and the vague reports that were circulated
respecting the grounds of the plaintiff's claim promised amusement to
the admirers of piquant private history. People in general remembered
how large a portion of the hereditary estates of Trevethlan had passed
under the sway of the rival house, and looked perhaps with trembling
pity on the last relic of the old domain; and even the peasantry might
feel an interest in the fulfilment of the popular prophecy. So all these
feelings combined to swell the assemblage which crowded the court.
Polydore introduced his old pupil to a seat on the bench; from thence
Randolph exchanged a grave bow with Seymour Rereworth, and took his
place with a countenance whose constrained tranquillity was very much at
variance with the emotion which it concealed.
Shortly afterwards the judge made his appearance, and the rumour which
had pervaded the crowd gradually subsided. There were some questions
asked, and points decided, respecting a cause which had been tried the
preceding day; and, as soon as this conversation was finished, the clerk
of assize, in a low methodical tone, read from his cause-list, Doe d
Pendarrel _v._ Trevethlan; counsel on each side nodded; a jury was sworn
well and truly to try the issue between the parties; the plaintiff's
junior briefly described the nature of the action, and amidst perfect
silence, his leader rose to state the case he should lay before the
court.
He began by lamenting the painful duty which devolved upon him on the
present occasion, and begging the jury to forget whatever they might
have heard of previous disputes between the families whose names
appeared in this record. It was too frequently the case, in suits of
this nature, that the parties were nearly connected. Passing from this
introduction, he observed that in such actions they had also frequently
to inquire into a long and tedious pedigree, or to make a fatiguing
investigation of documentary evidence. No task of the kind awaited them
here. The case he had to present was exceedingly short and simple, and
rested mainly on the testimony of a single witness. And however
extraordinary the story which this witness would tell, he was sorry to
say that it was strongly confirmed by the conduct and circumstances of
him whom it impeached. The action was brought to obtain possession of
Trevethlan Castle and the surrounding domain. The jury were probably
aware that the real claimant in the cause, Mr. Philip Trevethlan
Pendarrel, had assumed the last name in addition to his own, on his
marriage with an heiress of large fortune in the county. He now
preferred his claim as the younger son of Hugh Trevethlan, Esquire, of
Trevethlan Castle, from whom the defendant also deduced his title; so
that it would be unnecessary to go any further back. Having established
the claimant's birth, it would, however, become requisite to show that
there were now no lawful descendants of his elder brother, or rather
half brother, Arthur Trevethlan, the alleged grandfather of the
defendant. Now it was admitted that from this Arthur, the estates in
question descended legally to his son Henry; but with the latter, it was
maintained the succession in that line terminated. They would observe
that Henry, the late possessor, only died towards the close of the
previous year, which would account for no steps having been taken
sooner. Now it was well known that, for many years before his death, all
intercourse between him and his uncle, the claimant, had entirely
ceased; and that in fact they were not on those terms of friendship
which should exist between such near relations. It was also known that
for a long time the late Mr. Trevethlan lived a very retired life at his
castle, and never went into society at all. Further, he had fully
attained the age of forty before there was any rumour or pretence that
he had contracted a marriage. But about this time, it is suggested that
if he died without offspring, the estates would either revert to the
relative from whom he was alienated, or he must bequeath them to a
stranger; and the jury would readily perceive the feelings which would
be excited by either alternative. Accordingly, in order to avoid them
both, it would seem that Mr. Trevethlan then contemplated matrimony, and
that a certain ceremony was performed between him and one Margaret
Basset, the daughter of a small farmer upon his estate. The defendant in
this action is the son of this Margaret Basset. "Now, gentlemen,"
continued the counsel, "I need not unpleasantly press upon your
attention the circumstances under which the late Mr. Trevethlan might
have found it convenient to repudiate this pretended marriage. They did
not arise, and the marriage was not repudiated. Neither, so far as we
can learn, was it ever confirmed in a legal manner:--it was never
properly registered. The only mention of it in the parish records occurs
in the account of the christening of the defendant, who is described (I
read from an attested copy) as the 'son of Henry and Margaret
Trevethlan, who were married by special licence, in this parish, by the
Reverend Theodore Ashton, on the 3rd of September, in the previous year,
in the presence of ---- Wyley, and of Maud Basset.' This entry is signed
Henry Trevethlan, Margaret Trevethlan, Maud Basset. The questions
naturally arise,--where is the signature of the officiating
clergyman?--where is that of the witness Wyley? And the answer to these
inquiries is found in the real history of the circumstances attending
this alleged marriage. The ceremony was performed in private, within the
castle, but without the presence even of any of the household; within
twenty-fours afterwards, the clergyman alleged to have performed it
disappeared, and was supposed to be murdered. The only male witness also
vanished; and the only other witness was the mother of the pretended
bride, who is still living, and will probably be called before you by my
learned friend."
Here the speaker was interrupted by a scuffle in the court, and the
shrill voice of Maud Basset. "He lies!" she screamed. "My Margaret _was_
married. Let me see the one who says the contrary." But the old woman
was speedily removed.
"Gentlemen," the counsel resumed, "both you and I can understand and
sympathize with the feeling which prompted that interruption. I was
describing the mysterious privacy with which this pretended marriage
was--I will not say solemnized--but performed. It is perhaps generally
supposed that the poor old woman who interrupted me is the sole survivor
of those who were present at the scene; but it is not so. We shall
to-day produce another. We shall call before you the person who acted
the part of the clergyman:--not Mr. Ashton, gentlemen, nor a clergyman
at all."
There was a great sensation in the court at these words. And if any one
among the audience had then looked at Randolph, he could not fail to
have been struck by the ghastly rigidity of his features. But all were
too deeply interested by the announcement which they had heard to attend
to anything else.
The plaintiff's counsel proceeded to say that he need not anticipate the
details this witness would relate;--they would completely overthrow any
claim founded upon this alleged marriage. It would be for his learned
friends to show any subsequent ground for their title, if such they had.
But unless they did so, he should confidently look for a verdict at the
hands of the jury; and, as he should undoubtedly have another
opportunity of addressing them, he would not now trouble them at greater
length.
A considerable rumour pervaded the court at the close of this speech,
but soon yielded to the low calls for order. There followed some
technical evidence respecting Mr. Pendarrel's descent, and the deaths of
his brother and nephew, of no particular interest, and then the leader
who had addressed the jury, re-awakened attention by desiring the crier
to call Lewis Everope. Rereworth looked at the spendthrift, as he
quietly took the oath, with utter astonishment, not knowing what to
think. The examination began.
"What are you, Mr. Everope?"
"I belong to no profession, but have been nominally a student of the
law."
"You were educated at ---- University, I believe, sir?"
The witness uttered an intimation of assent.
"Were you acquainted, while there, with a gentleman named
Ashton,--Theodore Ashton?"
"I was."
"How long is this ago? To a year or two?"
"Twenty-three or four years. I do not exactly recollect."
"Mr. Ashton was your senior, I believe?"
"Considerably. In fact our acquaintance was very slight."
"What became of him afterwards, do you know?"
"He took orders, and quitted the University."
"Did you ever see him after you had left college?"
"I did."
"Be so good as to tell the jury under what circumstances."
"I was making a pedestrian tour through the western part of this county,
and met him unexpectedly in the neighbourhood of Marazion."
"What year was this? And month? Do you remember?"
The witness mentioned those of Henry Trevethlan's marriage.
"Did you visit Mr. Ashton at his then residence?"
"Yes."
"Well, I believe that was no great distance from Trevethlan Castle. Tell
the jury anything that passed between you and your friend, having
reference to that building or its inhabitants."
"I naturally asked Mr. Ashton some question respecting it, and he told
me there was a strange story on foot about its owner, who wished to play
the trick attempted by Thornhill, in the Vicar of Wakefield. He had
applied to Ashton on the subject, but the latter told him, that if he
performed the ceremony, the result would be the same as in the tale. But
Ashton was to have a considerable fee, and he asked me to personate him,
representing that the affair was only a joke, and that, if there were
any family, Mr. Trevethlan would certainly confirm it legally. And I
being young, and not at the time aware of the consequences, ultimately
consented to what he proposed."
"Well, sir, and what followed?"
"Ashton said he could arrange for the affair to take place the next
day----"
"What day was that?"
"It was the third of September. Ashton instructed me how to present
myself at the castle in his name. No one who would be present, he said,
knew him, except Mr. Trevethlan, who expected something of the kind, and
I looked considerably older than I was. And an intended witness to the
wedding would conduct me."
"And what happened afterwards?"
"I went to the castle with the witness in question, and Mr. Trevethlan
introduced himself to me without any remark, and presented a young woman
as his intended bride. There was also another woman present, who, he
said, was her mother. Mr. Trevethlan produced a document, which he
stated to be a licence for a special marriage, but I did not look at it;
and read the marriage service as fast as I could from a prayer-book
which was given me. When it was over, Mr. Trevethlan handed me a sum of
money, which I delivered to Ashton, and quitted the neighbourhood
without delay, for I did not like my part in the business."
"I should think not," said the counsel. "Pray, sir, do you recollect any
particular incident at this ceremony?"
"Only, that in my confusion I dropped the ring, and the bride's mother
muttered something which I did not hear."
"You have not mentioned the name of the bride?"
"Margaret Basset."
"You were not in holy orders at that time?"
"Neither then nor since."
The plaintiff's counsel here sat down, and Rereworth's leader rose. The
cross-examination was very long and severe.
"So, sir," it began, "do you know that you have just confessed yourself
guilty of felony?"
"I know it now," Everope said, "but I did not know it at the time."
"And you might have been transported for fourteen years?"
"So I am told."
Counsel then ran him hard and fast through all the details of the scene
he had described. Asked for descriptions of the castle, of the room, of
the persons. Turned back upon his own family. Where were they at the
time? How did he correspond with them? Where were they now? He was on
bad terms with them. How was that? He said he was of no profession. Was
he a man of private fortune? How did he live? Who paid his expenses in
coming here? What did he expect beyond? Then suddenly round again. Where
did he sleep the night before the mock-marriage? At Marazion? What was
the name of the inn? Where did he go afterwards? From what place did he
come? Then abruptly, did he know Michael Sinson? How long had he been
acquainted with him? What intercourse had been between them? Had Michael
promised him anything for coming here? Again back to his career at the
university; his subsequent life; his present circumstances. And once
more to Trevethlan Castle; again to describe the almost incredible
proceeding to which he had so distinctly sworn, and all the
circumstances of his intimacy with Ashton.
But this cross-questioning failed in materially shaking Everope's
evidence in chief. He was forced into a considerable exposure of
himself; but, perhaps, even after making the allowance which he claimed
for youth and inexperience, the mere avowal of his participation in so
detestable a plot was sufficiently damning, without any aggravation. It
was evidently not improbable that, at so distant a time, he might not
well remember the details of the scene. Only once did he seem likely to
be overturned.
"Have you ever been in the neighbourhood since?" he was asked.
"Once."
"And when was that?"
"About six weeks ago."
"Were you alone?"
"No, I was with Michael Sinson, whom you have mentioned."
"Indeed! And why did you come? You need not hesitate."
"I came to refresh my memory," Everope answered boldly.
"And to good purpose," counsel said, "for it has been very convenient."
But the leader was on the point of sitting down, when Rereworth gave him
a slip of paper, and he asked one more question.
"Pray, sir, are you personally acquainted with the defendant in this
action?"
"No," Everope said.
"It is I!" Randolph exclaimed, rising from his seat, and fixing the
spendthrift.
"Order, order," was murmured, and the interrupter, who drew the
attention of every one in court, sat down. It was a few moments before
the excitement occasioned by this incident had subsided. There was a
general stir to obtain a second look of the unknown possessor of
Trevethlan Castle.
"Morton!" the witness had meantime exclaimed, showing signs of confusion
for the first time.
"You do know him, then?" said the counsel, and sat down.
But the question did not seem to be advantageous to the defendant's
interest.
"What do you know of Mr. Trevethlan?" Everope's former examiner asked,
having heard his exclamation.
"I knew that gentleman slightly in the Temple by the name of Morton, as
a student for the bar."
The re-examination was short. Some additional formal evidence was given;
and the only other material witness on this side was the coroner, who
proved the circumstances of the supposed murder of Mr. Ashton, and the
disappearance of Wyley. With this evidence, the case for the plaintiff,
of which we have only reported the portion on which the jury would have
eventually to form their judgment, was closed; and the court adjourned
for a short period.