CHAPTER XIV.

PETER RYLAND--THE REV. MR. FAKER AND THE WELSH WILL.

I was retained at Hertford Assizes, with Peter Ryland as my leader, to

prosecute a man for perjury, which was alleged to have been committed

in an action in which a cantankerous man, who had once filled the

office of High Sheriff for the county, was the prosecutor. Wealthy and

disagreeable, he was nevertheless a henpecked tyrant.

Mrs. Brown, his wife, was a witness for the prosecution in the alleged

perjury--which was unfortunate for her husband, because she had the

greatest knowledge of the circumstances surrounding the case; while

Mr. Brown had the best knowledge of the probable quality of his wife's

evidence.

When we were in consultation and considering the nature of this

evidence, and arranging the best mode of presenting our case to the

jury, Brown interposed, and begged that Mr. Ryland should call Mrs.

Brown as the _last_ witness, instead of first, which was the proper

course. "Because," said he, "_if anything goes wrong during the trial

or anything is wanting, Mrs. Brown will be quite ready to mop it all

up_."

This in a prosecution for _perjury_ was one of the boldest

propositions I had ever heard.

I need not say that good Mrs. Brown was called, as she ought to have

been, first. The lady's mop was not in requisition at that stage of

the trial, and the jury decided against her.

I was sometimes in the Divorce Court, and old Jack Holker was

generally my opponent. He was called "Long Odds." In one particular

case I won some _éclat_. It is not related on that account, however,

but simply in consequence of its remarkable incidents. No case is

interesting unless it is outside the ordinary stock-in-trade of the

Law Courts, and I think this was.

The details are not worth telling, and I therefore pass them by.

Cresswell was the President, and the future President, Hannen, my

junior.

We won a great victory through the remarkable over-confidence and

indiscretion of Edwin James, Q.C., who opposed us. James's client was

the husband of the deceased. By her will the lady had left him the

whole of her property, amounting to nearly £100,000. The case we set

up was that the wife had been improperly influenced by her husband in

making it, and that her mind was coerced into doing what she did not

intend to do, and so we sought to set aside the will on that ground.

Edwin James had proved a very strong case on behalf of the validity of

the will. He had called the attesting witnesses, and they, respectable

gentlemen as they undoubtedly were, had proved all that was

necessary--namely, that the testator, notwithstanding that she was in

a feeble condition and almost at the last stage, was perfectly calm

and capable in mind and understanding--exactly, in fact, as a testator

ought to be who wills her property to her husband if he retains her

affection.

The witnesses had been cross-examined by me, and nothing had

been elicited that cast the least doubt upon their character or

credibility. Had the matter been left where it was, the £100,000 would

have been secured. But James, whatever may have been his brilliance,

was wanting in tact. He would not leave well alone, but resolved to

call the Rev. Mr. Faker, a distinguished Dissenting minister.

In fiction this gentleman would have appeared in the melodramatic

guise of a spangled tunic, sugar-loaf hat, with party-coloured

ribbons, purple or green breeches, and motley hose; but in the

witness-box he was in clerical uniform, a long coat and white cravat

with corresponding long face and hair, especially at the back of his

head. A soberer style of a stage bandit was never seen. He was just

the man for cross-examination, I saw at a glance--a fancy witness,

and, I believe, a Welshman. As he was a Christian warrior, I had to

find out the weak places in his armour. But little he knew of courts

of law and the penetrating art of cross-examination, which could make

a hole in the triple-plated coat of fraud, hypocrisy, and cunning. I

was in no such panoply. I fought only with my little pebblestone and

sling, but took good aim, and then the missile flew with well-directed

speed.

I had to throw at a venture at first, because, happily, there were no

instructions how to cross-examine. Not that I should have followed

them if there had been; but I might have got a _fact_ or two from

them.

It is well known that artifice is the resource of cunning, whether

it acts on the principle of concealing truth or boldly asserting

falsehood. Here the reverend strategist did both: he knew how a little

truth could deceive. You must remember that at this point of the case,

when the Rev. Faker was called, there was nothing to cross-examine

about. I knew nothing of the parties, the witnesses, the solicitors,

or any one except my learned friends. It would not have been

discreditable to my advocacy if I had submitted to a verdict. I will,

therefore, give the points of the questions which elicited the truth

from the Christian warrior; and probably the non-legal reader of these

memoirs may be interested in seeing what may sometimes be done by a

few judicious questions.

"Mr. Faker," I said.

"Sir," says Faker.

"You have told us you acted as the adviser of the testatrix."

"Yes, sir."

"Spiritual adviser, of course?"

A spiritual bow.

"You advised the deceased lady, probably, as to her duties as a dying

woman?"

"Certainly."

"Duty to her husband--was that one?"

A slight hesitation in Mr. Faker revealed the vast amount of fraud of

which he was capable. It was the smallest peephole, but I saw a good

way. Till then there was nothing to cross-examine about, but after

that hesitation there was £100,000 worth! He had betrayed himself. At

last Faker said,--

"Yes, Mr. Hawkins; yes, sir--her duty to her husband."

"In the way of _providing_ for him?" was my next question.

"Oh yes; quite so."

"You were careful, of course, as you told your learned counsel, to

avoid any undue influence?"

"Certainly."

"The will was not completed, I think, when you first saw the dying

woman--on the day, I mean, of her death?"

"No, not at that time."

"Was it kept in a little bag by the pillow of the testatrix? Did she

retain the keys of the bag herself?"

"That is quite right."

"Had it been executed at this time? I think you said not?"

"Not at this time; it had to be revised."

"How did you obtain possession of the keys?"

"I obtained them."

"Yes, I know; but without her knowledge?"

It was awkward for Faker, but he had to confess that he was not sure.

Then he frankly admitted that the will was taken out of the bag--in

the lady's presence, of course, but whether she was quite dead or

almost alive was uncertain; and then he and the husband spiritually

conferred as to what the real intention of the dying woman in the

circumstances was _likely to be_, and having ascertained that, they

made _another will_, which they called "settling the former one" by

carrying out the lady's intentions, the lady being now dead to all

intentions whatsoever.

This was the will which was offered for probate!

Cresswell thought it was a curious state of affairs, and listened with

much interest to the further cross-examination.

"Had you ever seen any other will?" I inquired. It was quite an

accidental question, as one would put in a desultory sort of

conversation with a friend.

"Er--yes--I have," said Faker.

"What was that?"

"Well, it was a will, to tell you the truth, Mr. Hawkins, executed in

my favour for £5,000."

"Where is it?"

"I have not the original," said the minister, "but I have a copy of

it."

"Copy! But where is the original?"

"Original?" repeats Faker.

"Yes, the original; there must have been an original if you have a

copy."

"Oh," said the Rev. Faker, "I remember, the original was destroyed

after the testatrix's death."

"How?"

"Burnt!"

Even the very grave Hannen, my ever-respected friend and junior,

smiled; Cresswell, never prone to smile at villainy, smiled also.

"The original burnt, and only a copy produced! What do you mean, sir?"

The situation was dramatic.

"Is it not strange," I asked, "even in _your_ view of things, that the

original will should be burnt and the copy preserved?"

"Yes," answered the reverend gentleman; "perhaps it would have been

better--"

"To have burnt the copy and given us the original, and more especially

after the lady was dead. But, let me ask you, _why_ did you destroy

the original will?"

I pressed him again and again, but he could not answer. The reason was

plain. His ingenuity was exhausted, and so I gave him the finishing

stroke with this question,--

"Will you swear, sir, that an original will ever existed?"

The answer was, "No."

I knew it _must_ be the answer, because there could be no other that

would not betray him.

"What is your explanation?" asked Cresswell.

"My explanation, my lord, is that the testatrix had often expressed to

me her intention to leave me £5,000, and I wrote the codicil which was

destroyed to carry out her wishes."

Cresswell had warned James early in the case as to the futility of

calling witnesses after the two who alone were necessary, but to no

purpose; he hurried his client to destruction, and I have never been

able to understand his conduct. The most that can be said for him

is that he did not suspect any danger, and took no trouble to avoid

incurring it.

It is curious enough that on the morning of the trial we had tried to

compromise the matter by offering £10,000.

The refusal of the offer shows how little they thought that any

cross-examination could injure their cause.

Hannen said he could not have believed a cross-examination could be

conducted in that manner without any knowledge of the facts, and paid

me the compliment of saying it was worth at the least £80,000.

The Reminiscences of Sir Henry Hawkins (Baron Brampton) · 第 14 / 51 章