OPENING FIRE
The first witness called to the stand by Mr. Sutherland was James
Wilson. There were many present who noted the resemblance between
him and his son, John Wilson, who had given testimony at the
inquest, though unaware of the relationship between them.
"Mr. Wilson," said the attorney, after the usual preliminaries, "I
understand you were for a number of years in the employ of Ralph
Maxwell Mainwaring, the testator whose name is affixed to this will;
is that so?"
"Yes, sir," was the reply, while the attention of the crowd was at
once riveted upon the witness.
"Will you state how long you were in his employ, and in what
capacity?"
"I was his valet, sir, from his twenty-fifth year until the day of
his death, a little above thirty-five years, sir; and during his
last illness, of about three months, I was with him constantly,
you might say, sir."
"Do you recognize the document just read in your hearing as anything
which you have heard before?"
"That I do, sir."
"State when and under what circumstances you have previously heard
it."
"At the death-bed of Mr. Ralph Mainwaring, sir, twenty-five years
ago the seventeenth of last November. I was present at the making
of that will, sir, the night before Mr. Mainwaring died. I heard
him give those words to the lawyer, and then heard them read to
him before the will was signed."
"By whom was it drawn?"
"By Richard Hobson, sir; the man sitting there," pointing to the
shrinking figure of Hobson.
"Do you positively identify that man as the writer of this will?"
"That I do, sir," with marked emphasis; "when one once sets eyes
on the likes o' him, he's not likely to forget him soon."
"Was Richard Hobson the attorney of Mr. Mainwaring?"
"Ah, no, sir," with evident scorn; "his attorney was Mr. Alfred
Barton, the father, sir, of this gentleman," indicating the English
barrister, while the interest of the crowd deepened.
"How, then, was this man employed to draw the will?"
"Mr. Barton was out of town, sir; and as Mr. Mainwaring was dying
and naught would satisfy him but to have a lawyer, they brought Mr.
Barton's clerk."
"State the circumstances under which this will was drawn; was Mr.
Mainwaring influenced by any one to make it?"
"He was influenced by none but his own conscience, sir. You see,
sir, three or four years before, he was very angry with his elder
son, and cut him off without a shilling and gave everything to Mr.
Hugh. But it broke his heart to do it, for Mr. Harold was his
favorite, as indeed he was everybody's, though he never mentioned
his name again until the night he made the will. Well, sir, all
that day we knew he was dying, and he knew it, and he was restless
till late at night, when of a sudden he tells us to get his lawyer.
Mr. Hugh tried to put him off, and told us his mind was wandering;
but 'twas no use; and the carriage was sent for Mr. Barton, and
when word was brought back that he was out of town, it was sent
again and brought back his clerk. Everything was all ready, and
he was propped up in bed by pillows, his eyes burning as though there
was fire in them. He repeated those words while the lawyer wrote
them down, and then had them read to him, and at fifteen minutes
of twelve o'clock the will was signed and sealed."
"You were present during the drawing up of the will?"
"Yes, sir, I was present through it all, but not where the others
saw me. When the lawyer came, Mr. Hugh told me to leave the room;
but as I was going his father called me back and bade me stay,
and I was standing at the foot of the bed, hidden by the curtains
of the canopy, so none but the old gentleman saw me."
"Who else was present?"
"Mr. Mainwaring's old friend, Sandy McPherson, Mr. Hugh, and the
lawyer."
"No one else? Were there no physicians present?"
"There were physicians in the house, sir, but not in the room."
"How long did Mr. Mainwaring live afterwards?"
"He died at five o'clock the next morning, sir; his strength went
fast after that was done, but he rested easy and seemed satisfied."
"What was done with the will?"
"Mr. Hobson took it away with him that night."
"Have you ever seen it since?"
"No, sir."
"Mr. Wilson," said the attorney, showing the witness the will, "can
you swear to these signatures as being the same which you saw affixed
to the will upon that night?"
Wilson studied the document attentively for a moment. "Yes, sir,
that is Mr. Mainwaring's writing, only a bit unsteady, for his hand
trembled. McPherson's writing I know, and you mark that blot after
his name? I remember his fussing that night because he had blotted
the paper."
"And the third name, is that the signature of this man, Richard
Hobson?"
"I know naught about that man's writing," the old fellow replied,
with a shrewd look; "but you will mind that the name is the same
writing as the will itself, and he wrote that and signed his name
to it, for I saw him."
"And you have neither seen that will, nor heard it read until this
morning?"
"No, sir."
"You have remembered it all these years?"
"Maybe not word for word, sir, but I have kept the sense of it in
my mind."
"Are you positive that this is the will drawn up on the night of
which you speak?"
"That I am, sir."
"Did you ever speak to any one of this will?"
"To none but my son, sir. Mr. Hugh Mainwaring was that sort of a
man, I could not speak to him about it, or ask about his brother.
I asked to be allowed to stay about the old place in hopes that some
day Mr. Harold would come back to have a look at his old home, and
I could tell him of it, for I thought things had not gone right
altogether. Then we heard of his death, and I thought it was too
late; I could do no good by speaking, and I held my tongue until
the young gentleman came."
Wilson was then dismissed and Hobson was next called to the stand.
More even than the reading of the old will, the truth which had
dawned upon Hobson's mind as he met the piercing gaze of the
secretary, had convinced him that the position which he had intended
to assume, adverse to the new claimant and as an ally of Ralph
Mainwaring's, was neither politic nor safe. His views on that
subject had undergone a decided change, and, with his usual
weathervane proclivities, he was now preparing to take a totally
different stand and strive to ingratiate himself into the favor of
the new heir, at the same time leaving, if possible, a few loop-holes
through which he could retreat, should some veering wind change his
course in another direction.
"Mr. Hobson," said the attorney, somewhat abruptly, when the
necessary preliminaries were over, "did you on the night of November
17, 18-, act as attorney for Ralph Maxwell Mainwaring, in the drawing
up, at his request, of his last will and testament?"
"I believe so, sir," was the guarded answer.
"Did you or did you not?" Mr. Sutherland persisted.
"I did, sir."
"Have you, during all these years, had any knowledge that the will
you drew under the circumstances already mentioned was still in
existence?"
After a slight pause, the witness replied, "I had no positive
knowledge to that effect."
"Did you believe the will to be in existence?"
Hobson reflected a moment, then replied, cautiously, "I was led to
suppose that the will did not exist."
"You remember the form, terms, and conditions of the document drawn
by yourself on that occasion?"
"I do, perfectly," he replied, with more assurance.
"State whether the will read in your hearing this morning is
identical with the one drawn by yourself."
Hobson now saw the drift of the attorney's questions, but it was too
late.
"As near as I can recollect," he stammered, but a word from Mr.
Sutherland recalled him.
"You just said you remembered perfectly."
"I believe they are identical in form."
"Mr. Hobson," said the attorney, spreading out the document before
the witness, but still retaining his hold upon it, "will you state
to the court whether that is your writing, and whether the last name,
that of the second witness, is your signature."
With great precision, Hobson adjusted a pair of eyeglasses and
proceeded to scrutinize the writing closely. "Well," he remarked,
at length, very deliberately, "I do not deny that to be my writing,
nor am I prepared to positively affirm that it is such. The fact
is, my chirography varies so much from time to time that I often
find it difficult for me to verify my own signatures."
"Here are some papers which may assist the gentleman, and may be of
some use to the court," said a deep voice with rich, musical
inflections, but slightly tinged with sarcasm, and the English
attorney handed a small package to Mr. Sutherland. "They contain,"
he added, "some specimens of the witness's chirography of about the
same date as the will."
"The writing in both cases is identical," said Mr. Sutherland, as,
having examined the papers, he showed them to Hobson, but a glance
at their contents seemed rather to confuse the witness than
otherwise, for he remained silent.
"Do you acknowledge these letters to be of your writing?" inquired
the attorney.
"I do, sir; and I have no doubt but that the other is my writing
also."
"You acknowledge this, then, as the will which you wrote at the
dictation of Ralph Maxwell Mainwaring the night before his death?"
"I believe it is, sir."
"Mr. Hobson, why was this will not make public following Mr.
Mainwaring's death and burial?"
"On the day after his death, I gave it into the keeping of his son,
Hugh Mainwaring, at his own request, and he afterwards gave me to
understand that it was lost."
"And you were paid for keeping silent as to the existence of such
a will, were you not?"
"I may have been," the witness replied, with a calmness born of
desperation.
"That is sufficient for the present."
A few moments followed in which the attorneys consulted together,
while comments in tones of subdued excitement and expectancy were
exchanged among the crowd. Ralph Mainwaring had sat with darkening
face throughout the testimony thus far; now he remarked to Mr.
Whitney, with a bitter sneer,--
"Fine witnesses! A beggarly shyster whose oath is worthless, and
an imbecile old servant, who could be bought for a half-crown!"
Young Mainwaring turned upon his father a look of indignant surprise.
"Governor," he said, "it would not be well for you if either old
James Wilson or his son heard that remark of yours!"
"It will be well for you to attend to your own business and keep
your mouth shut!" responded his father, angrily.
Beneath the calm exterior which the young man preserved, the old
Mainwaring blood was now fast rising, but he made no reply, for at
that instant Mr. Sutherland announced the name of the next witness:
"Harold Scott Mainwaring!"
There was a sudden hush throughout the court-room, broken an instant
later by a low murmur of mingled astonishment, incredulity, and
wonder as the private secretary rose and walked towards the witness
stand. A few comments reached his ears, but he seemed unconscious
of them, and, having taken his place, turned towards the audience a
face cold and impassive, inscrutable to his enemies, who could read
nothing of the conflicting emotions beneath that calm, immobile
surface.
He saw the crowd of upturned faces--incredulous, wondering, curious;
he caught the mocking smile of Mrs. LaGrange and Ralph Mainwaring's
dark, sinister sneer; but he took little note of these. Like an
arrow speeding to the mark, his glance sought the face of young Hugh
Mainwaring. Their eyes met, and in that brief moment there was
recalled to each a starlit night on one of the balconies at Fair
Oaks, and the parting words of young Mainwaring to the secretary,
"I'm your friend, Scott, and whatever happens, I'll stand by you."
With swift intuition each read the other's thought, and, although
there was no outward sign, Harold Mainwaring knew from that instant
that there would be no retraction of that pledge.
The slight ripple of excitement died away while the witness was
sworn, and the crowd listened with interest even to the preliminary
interrogatories.
"Where were you born?" asked the attorney.
"In Melbourne, Australia," was the reply, while deep silence awaited
Mr. Sutherland's next question.
"Mr. Mainwaring, I believe you are familiar with the will just read,
are you not?"
"I am."
"Please state when, and under what conditions, you gained your
knowledge of this will."
"I first learned that such a will had existed and knew its general
terms, between five and six years since, through information given
me by James Wilson. From data found a little over a year ago among
the personal letters of the deceased Hugh Mainwaring, I ascertained
that the will was still in existence, and on the 7th of July last
I discovered the document itself and became personally familiar with
its contents."
At the mention of the name of Hugh Mainwaring and of the date so
eventful in the recent history of Fair Oaks, the interest of the
crowd deepened.
"Did you discover the document accidentally, or after special search
for it?"
"As the result of a systematic search for more than a year."
"Please state whether you took any steps leading to the discovery
of this will during the four or five years immediately following
your first knowledge of it; and if so, what?"
"As I first learned of the will soon after entering Oxford, my
studies necessarily occupied the greater part of my time for the
next three or four years; but I lost no opportunity for gaining all
possible information relating not only to the Mainwaring estate,
but more particularly to Hugh Mainwaring and his coadjutor, Richard
Hobson. Among other facts, I learned that immediately after the
settlement of the estate, Hugh Mainwaring had disposed of the same
and left England for America, while about the same time Richard
Hobson suddenly rose from a penniless pettifogger to a position of
affluence.
"As soon as my studies were completed, I sailed for America, with
the avowed determination of securing further evidence regarding the
will, and of establishing my claim to the property fraudulently
withheld from my father and from myself. In the securing of the
necessary evidence I succeeded beyond my expectations. As Hugh
Mainwaring's private secretary, I gained access to the files of
his personal letters, and soon was familiar with the entire
correspondence between himself and Richard Hobson, from which I
learned that the latter demanding and receiving large sums of
money as the price of his silence regarding some past fraudulent
transaction. The nature of that transaction, I ascertained in
this marginal note, in Hugh Mainwaring's handwriting, upon one of
Hobson's letters which happened to be more insolent in its tone
than the rest. With the permission of the court I will read it:
"'He insinuates that I destroyed the will; I only gave him to
understand that it was lost. Little he dreams it is still in my
possession and will be, until such time as I, too, have to make
final disposition of my estate! Why I did not destroy it, or why
I do not, now that the property is rightfully mine, I cannot say,
except that I dare not! "Thus conscience does make cowards of us
all?"'
"With the discovery of these words," concluded the witness, "began
my search for the will itself."
"From the discovery of this letter which led you to believe the will
was still in existence, you prosecuted your search for the document
until the 7th of last July?"
"Yes, sir, whenever an opportunity for search was offered."
"Where did you finally find the will?"
"In the safe, in Mr. Mainwaring's private apartments at Fair Oaks."
"On July 7 last?"
"Yes, sir."
"That was the day on which you, acting as Hugh Mainwaring's secretary,
had drawn, at his dictation, his last will and testament, was it not?"
"It was."
"Mr. Mainwaring," said the attorney, deliberately, his eye quick to
read the faces about him, "is there in your mind any connection
between that event and your discovery of this will?"
"Only the most indirect," was the reply, given with equal
deliberation. "The fact that Hugh Mainwaring was making final
disposition of his property naturally spurred me on to increased
action, since, in making final adjustment of his papers, he would
be more than likely to destroy the old will. This incentive,
together with the fact that opportunity was given me for a more
thorough search than I had been able to make prior to that time,
combined to bring about the discovery of the will."
"Please state the time and circumstances of your finding it."
"I found it late in the afternoon, while Mr. Mainwaring and his
guests had gone for a long drive. I determined to leave no place
unexplored where it could possibly be concealed; after about an
hour's search I found it."
"What did you then do with it?"
"I retained it in my possession, and at the earliest opportunity
secreted it within my own room."
"It was in your possession during the following evening and night?"
"It was."
"Mr. Mainwaring," said Mr. Sutherland, with marked emphasis, "please
state whether you mentioned to Hugh Mainwaring the discovery of the
will, or had any conversation with him relating thereto."
"I made no mention of the matter to him whatever. Except for a few
moments, immediately upon his return, I did not see him alone until
about midnight, when he appeared fatigued, and I would not introduce
the subject at a time so inopportune."
After a slight pause, Mr. Sutherland continued. "You claim to be
the lawful son of the Harold Scott Mainwaring mentioned in this will,
and as such the lawful heir, under its terms and conditions, of the
Mainwaring property?"
"I do."
"Has it not been generally understood among those supposed to have
knowledge of the facts in the case that Harold Scott Mainwaring, at
the time of his death, had no living child?"
"That has been the general understanding."
"Will you explain how the fact of your existence has been kept
concealed all these years?"
The silence following the attorney's question was so deep as to be
oppressive until broken by the answer of the witness, clear, cold,
and penetrating to the remotest corner of the crowded room.
"Within an hour from my birth, a dead child was substituted in my
place, and I was secretly given by my father into the keeping of
trusted friends, with instructions that until I had nearly attained
my majority I was not even to know of his existence, or of the
relationship existing between us."
"Mr. Mainwaring," said the attorney, "are you willing to state the
reasons for such an extraordinary proceeding on his part?"
For the first time the impassive bearing and the calm, even tones
of the witness gave way; the smouldering fire in his dark eyes burst
forth, as with impassioned utterance and voice vibrating with emotion,
he replied,--
"It was done because of sorrow, more bitter than death, in his own
heart and home, of which he wished me to know nothing until I had
reached the years of manhood and could understand the nature of his
wrongs; it was done that I should be forever barred from all
association with, or knowledge of, the base, false-hearted woman who
bore his name only to dishonor it,--who, though she had given me;
birth, yet believed me dead,--that I might live as ignorant of her
existence as she of mine; it was done because of his love for his
only child, a love for which I would to-day gladly suffer dishonor
and even death, if I could but avenge his wrongs!"
Only Harold Mainwaring's attorneys understood the spirit which
prompted his words, but they carried his audience with him in a
sudden wave of sympathy, and as he paused, men applauded and women
sobbed, while the judge vainly rapped for order.
One figure alone remained motionless, spellbound. Amid the general
excitement, Mrs. LaGrange sat as though turned to stone, her hands
clasped so tightly that the jewels cut deeply into the delicate
flesh, every vestige of color fled from her face, her lips ashen,
her eyes fixed upon the witness, yet seemingly seeing nothing.
Gradually, as she became conscious of her surroundings and of the
curious glances cast in her direction, she partially recovered
herself, though her eyes never left the face of the witness.
"Mr. Mainwaring," continued the attorney, when order had been
restored, "when and how did you first learn that you were the son
of Harold Scott Mainwaring?"
"My first knowledge regarding my own father I received at the age of
fifteen from my foster-parents, who told me of the manner in which
I had been given to them and of the death of my father a few years
later; but the full particulars I did not learn until my twenty-first
birthday, when I received a letter written by my father soon after
my birth, and intrusted to the keeping of my foster-parents until I
should have attained my majority. In that letter he gave me the
story of his life, of his marriage and consequent disinheritance,
and of the yet greater sorrow which followed shortly, which led him
to voluntarily exile himself from his beloved England, and which
finally led to his sacrifice of the love and companionship of his
only child."
As Harold Mainwaring paused, Mr. Sutherland remarked, "I, myself,
have seen the letter to which the witness refers, but I consider it
of too personal a nature and too private in character to submit for
examination. I will say, however, that both my honored colleague,
Mr. Barton, and myself have compared it with other letters and
documents known to have been written by Harold Scott Mainwaring, the
elder son of Ralph Maxwell Mainwaring, and have found the writing
in all cases identically the same. There is yet one more question
which may have a bearing later upon this case, which I will ask the
witness. Mr. Mainwaring, have you, during this time, received any
clue regarding the identity of your mother, or is that still unknown
to you?"
With great deliberation, the witness replied, "Until within the past
three or four days, I have known absolutely nothing regarding even
the name of the woman whom my father made his wife, or whether she
were still in existence. I have recently learned, however, that she
is living, and," he added, more slowly, "I know that she is present
in this court-room."
It was afterwards recalled that, as the witness resumed his seat, a
curious sound, something between a gasp and a sob was heard, but
amid the tremendous sensation produced by his last statement it passed
unnoticed.
With very little delay, Mr. Sutherland announced the name of the last
witness,--
"Frederick Mainwaring Scott!"
Again the silence deepened as the white-haired gentleman, with great
dignity, took his place upon the stand. His heavy, sonorous tones
rang out over the court-room, while from time to time the piercing
eyes beneath the beetling, snow-white brows sought the face of Ralph
Mainwaring with their silent but unmistakable challenge. At the
first sound of his voice, Mrs. LaGrange's agitation increased
perceptibly; her expression changed to abject terror, yet she seemed
unable to move or to withdraw her gaze from his face.
To the question, "Where were you born?" the witness replied, "I was
born in London, but for the past forty-five years have been a
resident of Melbourne, Australia."
"Are you not connected with the Mainwaring family?"
"Distantly. The Scott and Mainwaring families have intermarried for
many years, but I have waived all claims of relationship for nearly
half a century."
"Were you acquainted with the Harold Scott Mainwaring mentioned in
this will?"
"Intimately acquainted with him, as we were associated together in
business during his entire stay in Australia."
"In what business were you engaged?"
"In the sheep business, principally; we were also interested in the
mines."
"For how long a time were you associated together?"
"Six years, or thereabouts."
"Mr. Scott, you are the foster-father of Harold Scott Mainwaring
who has just preceded you upon the witness stand, are you not?"
"I am, and have been from the day of his birth."
"Will you state the circumstances under which you became his
foster-parent?"
"Harold Scott Mainwaring, the elder son of Ralph Maxwell Mainwaring,
came to Australia within a year after the marriage for which he was
disinherited. His reason for leaving England was not, as many have
supposed, on account of his father's severity, but because of the
discovery of his wife's infidelity after all that he had sacrificed
for her. He brought her to Australia in the vain hope that, removed
from other influences--the influence of his own brother, in
particular,--she would yet prove true to him. Within the following
year, his son was born; but before that event he had fully learned
the character of the woman he had married, and he determined that no
child of his should be disgraced by any knowledge of its mother, or
contaminated by association with her. To my wife and myself he
confided his plans, and, as we had no children of our own, he pledged
us to the adoption of his child while yet unborn. An old and trusted
nurse in our family was also taken into the secret, but not the
physician employed on that occasion, as he was a man of no principle
and already in league with the false wife against her husband. When
the child was born, Mrs. Mainwaring was very ill and the babe received
comparatively little notice from the attendant physician. A dead
child, born but a few hours earlier, was therefore easily substituted
for the living child of Harold Mainwaring, while the latter was
secretly conveyed to my own home.
"A few weeks later, the child was privately christened in a small
church on the outskirts of Melbourne and the event duly recorded
upon the church records. He was given his father's name in full,
Harold Scott Mainwaring, but until his twenty-first birthday was
known among our acquaintances as Harry Scott, the same name by
which he has been known in your city while acting as private
secretary to Hugh Mainwaring."
"Are you familiar with the letter written by Harold Mainwaring to
his son?"
"Perfectly so; he gave it into my keeping on the day of the
christening, to be given to his son when he should have reached
his majority, if he himself had not, before that time, claimed
him as his child."
"You can then vouch for its genuineness?"
"I can."
"How long a time elapsed between the birth of this child and the
death of Harold Mainwaring, the father?"
"About five years. He left his wife soon after the birth of this
child and spent the greater part of his time at the mines. He
finally decided to go to the gold fields of Africa, and a few
months after his departure, we received tidings of the wreck of
the vessel in which he sailed, with the particulars of his death
at sea."
"Mr. Scott, did you ever hear of the existence of this will?"
"Not until the boy, Harold, learned of it, soon after he entered
Oxford."
"Do you know how he first heard of it?"
"He heard of it from Wilson, one of the old servants on the
Mainwaring estate, who recognized in him a resemblance to Ralph
Maxwell Mainwaring, and, learning of his identity, told him the
history of the will."
"You have been kept informed of his search for the will and of
its final discovery?"
"From the first; and though the boy has a good bit of money in his
own name, I will back him in getting his rights to the very last
pound in my possession, and that," he added, while his dark eyes
flashed ominously, "will outlast the bank-roll of any that can go
against him."
"Have you any further direct evidence which you can produce in
support of the identity of the claimant?"
"I have," the witness replied, and having taken from his pocket a
large memorandum book and extracted therefrom a paper, he continued,
with great deliberation,--
"I have here a certified copy of the record of the christening, at
the church of St. Bartholomew, on June 24, 18-, of Harold Scott
Mainwaring, the first-born son of Harold Scott and Eleanor Houghton
Mainwaring."
A piercing shriek suddenly rang out through the hushed court-room,
and the crowd, turning involuntarily at the familiar name of
Eleanor Houghton Mainwaring towards the seat occupied by Mrs.
LaGrange, saw that wretched woman sink, with a low, despairing moan,
unconscious to the floor. As several sprang to the assistance of
the unfortunate woman, Mr. Scott, turning swiftly towards the
judge, exclaimed,--
"There, your honor, is a most unwilling witness, but one who has
very effectively confirmed my testimony!"
The greatest confusion followed, several women having fainted from
nervous excitement, and, as it was then nearly noon, the court
adjourned until the afternoon session.