Ten Thousand a-Year. Volume 1

CHAPTER XII

The chief corner-stone suddenly found wanting in the glittering fabric of Mr. Titmouse's fortune, so that, to the eyes of its startled architects, Messrs. Quirk, Gammon, and Snap, it seemed momentarily threatening to tumble about their ears, was a certain piece of evidence which, being a matter-of-fact man, I should like to explain to the reader, before we get on any farther. In order, however, to do this effectually, I must go back to an earlier period in the history than has been yet called to his attention. I make no doubt, that by the superficial and impatient novel-reader, certain portions of what has gone before, and which could not fail of attracting the attention of long-headed people, as not likely to have been thrown in for nothing, (and therefore requiring to be borne in mind with a view to subsequent explanation,) have been entirely overlooked or forgotten. However this may be, I can fancy that the sort of reader whom I have in my eye, as one whose curiosity it is worth some pains to excite, and sustain, has more than once asked himself the following question, viz.—

How did Messrs. Quirk, Gammon, and Snap, first come to be acquainted with the precarious tenure by which Mr. Aubrey held the Yatton property?—Why, it chanced in this wise.

Mr. Parkinson of Grilston, who has been already introduced to the reader, had succeeded to his father's first-rate business as a country attorney and solicitor in Yorkshire. He was a highly honorable, painstaking man, and deservedly enjoyed the entire confidence of all his numerous and influential clients. Some twelve years before the period at which this history commences, he had, from pure kindness, taken into his service an orphan boy of the name of Steggars, at first merely as a sort of errand-boy, and to look after the office. He soon, however, displayed so much sharpness, and acquitted himself so creditably in anything that he happened to be concerned in, a little above the run of his ordinary duties, that in the course of a year or two he became a sort of clerk, and sat and wrote at the desk it had formerly been his sole province to dust. Higher and higher did he rise, in process of time, in his master's estimation; and at length became quite a factotum—as such, acquainted with the whole course of business that passed through the office. Many interesting matters connected with the circumstances and connections of the neighboring nobility and gentry were thus constantly brought under his notice, and now and then set him thinking whether the knowledge thus acquired could not, in some way, and at some time or another, be turned to his own advantage; for I am sorry to say that he was utterly unworthy of the kindness and confidence of Mr. Parkinson, who little thought that in Steggars he had to deal with—a rogue in grain. Such being his character, and such his opportunities, this worthy had long made a practice of minuting down, from time to time, anything of interest or importance in the affairs of his betrayed master's clients—even laboriously copying long documents, when he thought them of importance enough for his purpose, and had the opportunity of doing so without attracting the attention of Mr. Parkinson. He thus silently acquired a mass of information which might have enabled him to occasion great annoyance, and even inflict serious injury; and the precise object he had in view, was either to force himself, hereafter, into partnership with his employer, (provided he could get regularly introduced into the profession,) or even compel his master's clients to receive him into their confidence, adversely to Mr. Parkinson; and make it worth his while to keep the secrets of which he had become possessed. So careful ought to be, and indeed generally are, attorneys and solicitors, as to the characters of those whom they thus receive into their employ. On the occasion of Mr. Aubrey's intended marriage with Miss St. Clair, with a view to the very liberal settlements which he contemplated, a full "Abstract" of his "Title" was laid by Mr. Parkinson before his conveyancer, in order to advise, and to prepare the necessary instruments. Owing to inquiries suggested by the conveyancer, additional statements were laid before him; and produced an opinion of a somewhat unsatisfactory description, from which I shall lay before the reader the following paragraph:—

"…There seems no reason for supposing that any descendant of Stephen Dreddlington is now in existence;[22] still, as it is by no means physically impossible that such a person may be in esse, it would unquestionably be most important to the security of Mr. Aubrey's title, to establish clearly the validity of the conveyance by way of mortgage, executed by Harry Dreddlington, and which was afterwards assigned to Geoffrey Dreddlington on his paying off the money borrowed by his deceased uncle; since the descent of Mr. Aubrey from Geoffrey Dreddlington would, in that event, clothe him with an indefeasible title at law, by virtue of that deed; and any equitable rights which were originally outstanding, would be barred by lapse of time. But the difficulty occurring to my mind on this part of the case is, that unless Harry Dreddlington, who executed that deed of mortgage, survived his father, (a point on which I am surprised that I am furnished with no information,) the deed itself would have been mere waste parchment, as in reality the conveyance of a person who never had any interest in the Yatton property—and, of course, neither Geoffrey Dreddlington, nor his descendant, Mr. Aubrey, could derive any right whatever under such an instrument. In that case, such a contingency as I have above hinted at—I mean the existence of any legitimate descendant of Stephen Dreddlington—might have a most serious effect upon the rights of Mr. Aubrey."

Now every line of this opinion, and also even of the Abstract of Title upon which it was written, did this quicksighted young scoundrel copy out, and deposit, as a great prize, in his desk, among other similar notes and memoranda,—little wotting his master, the while, of what his clerk was doing. Some year or two afterwards, the relationship subsisting between Mr. Parkinson and his clerk Steggars, was suddenly determined by a somewhat untoward event; viz. by the latter's decamping with the sum of £700 sterling, being the amount of money due on a mortgage which he had been sent to receive from a client of Mr. Parkinson's. Steggars fled for it—but first having bethought himself of the documents to which I have been alluding, and which he carried with him to London. Hot pursuit was made after the enterprising Mr. Steggars, who was taken into custody two or three days after his arrival in town, while he was walking about the streets, with the whole of the sum which he had embezzled, minus a few pounds, upon his person, in bank-notes. He was quickly deposited in Newgate. His natural sagacity assured him that his case was rather an ugly one; but hope did not desert him.

"Well, my kiddy," said Grasp, the grim-visaged, gray-headed turnkey, as soon as he had ushered Steggars into his snug little quarters; "here you are, you see—isn't you?"

"I think I am," replied Steggars, with a sigh.

"Well—and if you want to have a chance of not going across the water afore your time, you'll get yourself defended, and the sooner the better, d'ye see. There's Quirk, Gammon, and Snap—my eyes! how they do thin this here place of ours, to be sure! The only thing is to get 'em soon; 'cause, ye see, they're so run after. Shall I send them to you?"

Steggars answered eagerly in the affirmative. In order to account for this spontaneous good-nature on the part of Grasp, I must explain that old Mr. Quirk had for years secured a highly respectable criminal practice, by having in his interest most of the officers attached to the police-offices and Newgate. He gave, in fact, systematic gratuities to these gentry, in order to get their recommendations to the persecuted individuals who came into their power. Very shortly after Grasp's messenger had reached Saffron Hill, with the intelligence that "there was something new in the trap," old Quirk bustled down to Newgate, and was introduced to Steggars, with whom he was closeted for some time. He took a lively interest in his new client, to whose narrative of his flight and capture he listened in a very kind and sympathizing way, lamenting the severity of the late statute applicable to the case;[23] and promised to do for him whatever his little skill and experience could do. He hinted however, that, as Mr. Steggars must be aware, a little ready money would be required, in order to fee counsel—whereat Steggars looked very dismal indeed, and knowing the state of his exchequer, imagined himself already on shipboard, on his way to Botany Bay. Old Mr. Quirk asked him if he had no friends who would raise a trifle for a "chum in trouble,"—and on Mr. Steggars answering in the negative, he observed the enthusiasm of the respectable old gentleman visibly and rapidly cooling down.

"But I'll tell you what, sir," said poor Steggars, suddenly, "if I haven't money, I may have money's worth at my command;—I've a little box, that's at my lodging, which those that catched me knew nothing of—and in which there is a trifle or two about the families and fortunes of some of the first folk in the best part of Yorkshire, that would be precious well worth looking after, to those who know how to follow up such matters."

Old Quirk hereat pricked up his ears, and asked his young friend how he got possessed of such secrets.

"Oh fie! fie!" said he, gently, as soon as Steggars had told him the practices of which I have already put the reader in possession.

"Ah—you may say fie! fie! if you like," quoth Steggars, earnestly; "but the thing is, not how they were come by, but what can be done with them, now they're got. For example, there's a certain member of parliament in Yorkshire, that, high as he may hold his head, has no more right to the estates that yield him a good ten thousand a-year than I have, but keeps some folk out of their own, that could pay some other folk a round sum to be put in the way of getting their own;" and that—intimated the suffering captive—was only one of the good things he knew of. Here old Quirk rubbed his chin, hemmed, fidgeted about in his seat, took off his glasses, wiped them, replaced them; and presently went through that ceremony again. He then said that he had had the honor of being concerned for a great number of gentlemen in Mr. Steggars' "present embarrassed circumstances," but who had always been able to command at least a five-pound note, at starting, to run a heat for liberty.

"Come, come, old gentleman," quoth Steggars, earnestly, "I don't want to go over the water before my time, if I can help it, I assure you; and I see you know the value of what I've got! Such a gentleman as you can turn every bit of paper I have in my box into a fifty-pound note."

"All this is moonshine, my young friend," said old Quirk, in an irresolute tone and manner.

"Ah! is it, though? To be able to tell the owner of a fat ten thousand a-year, that you can spring a mine under his feet at any moment—eh?—and no one ever know how you came by your knowledge. And if they wouldn't do what was handsome, couldn't you get the right heir—and wouldn't that—Lord! it would make the fortunes of half-a-dozen of the first houses in the profession!" Old Quirk got a little excited.

"But mind, sir—you see"—said Steggars, "if I get off, I'm not to be cut out of the thing altogether—eh? I shall look to be taken into your employ, and dealt handsomely by"–

"Oh Lord!" exclaimed Quirk, involuntarily—adding quickly, "Yes, yes! to be sure! only fair; but let us first get you out of your present difficulty, you know!" Steggars, having first exacted from him a written promise to use his utmost exertions on his (Steggars') behalf, and secure him the services of two of the most eminent Old Bailey counsel—viz. Mr. Bluster and Mr. Slang—gave Mr. Quirk the number of the house where the precious box was, and a written order to the landlord to deliver it up to the bearer: after which Mr. Quirk shook him cordially by the hand, and having quitted the prison, made his way straight to the house in question, and succeeded in obtaining what he asked for. He faithfully performed his agreement, with Steggars; for he retained both Bluster and Slang for him, and got up their briefs with care: but, alas! although these eminent men exerted all their great powers, they succeeded not in either bothering the judge, bamboozling the jury, or browbeating the witnesses, (the principal one of whom was Mr. Parkinson;) Steggars was found guilty and sentenced to be transported for fourteen years.[24] Enraged at this issue, he sent a message the next day to Mr. Quirk, requesting a visit from him. When he arrived, Steggars, in a very violent tone, demanded that his papers should be returned to him. 'Twas in vain that Mr. Quirk explained to him again and again his interesting position with reference to his goods, chattels, and effects—i. e. that, as a convicted felon, he had no further concern with them, and might dismiss all anxiety on that score from his mind. Steggars hereat got more furious than before, and intimated plainly the course he should feel it his duty to pursue—viz. that, if the papers in question were not given up to him as he desired, he should at once write off to his late employer, Mr. Parkinson, and acknowledge how much more he (Steggars) had wronged that gentleman and his clients, than he supposed of. Old Quirk very feelingly represented to him that he was at liberty to do anything that he thought calculated to relieve his excited feelings: and then Mr. Quirk took a final farewell of his client, wishing him health and happiness.

"I say, Grasp!" said he, in a whisper, to that grim functionary, as soon as he had secured poor Steggars in his cell, "that bird is a little ruffled just now—isn't he, think you?"

"Lud, sir, that's the nat'ralist thing in the world, considering"–

"Well—if he should want a letter taken to any one, whatever he may say to the contrary, you'll send it on to Saffron Hill—eh? Understand?—He may be injuring himself, you know;" and old Quirk with one hand clasped the huge arm of Grasp in a familiar way, and with the forefinger of the other touched his own nose, and then winked his eye.

"All right!" quoth Grasp, and they parted. Within a very few hours' time, Mr. Quirk received, by the hand of a trusty messenger, from Grasp, a letter written by Steggars to Mr. Parkinson; a long and eloquent letter, to the purport and effect which Steggars had intimated. Mr. Quirk read it with much satisfaction, for it disclosed a truly penitent feeling, and a desire to undo as much mischief as the writer had done. He (Mr. Quirk) was not in the least exasperated by certain very plain terms in which his own name was mentioned; but making all due allowances, quietly put the letter in the fire as soon as he had read it. In due time Mr. Steggars, whose health had suffered from close confinement, caught frequent whiffs of the fresh sea-breeze, having set out, under most favorable auspices, for Botany Bay; to which distant but happy place, he had been thus fortunate in early securing an "appointment" for so considerable a portion of his life.

Such, then, were the miserable means by which Mr. Quirk became acquainted with the exact state of Mr. Aubrey's title; on first becoming apprised of which, Mr. Gammon either felt, or affected, great repugnance to taking any part in the affair. He appeared to suffer himself, at length, however, to be over-persuaded by Quirk into acquiescence; and, that point gained—having ends in view of which Mr. Quirk had not the least conception, and which, in fact, had but suddenly occurred to Mr. Gammon himself—worked his materials with a caution, skill, energy, and perseverance, which soon led to important results. Guided by the suggestions of acute and experienced counsel, after much pains and considerable expense, they had succeeded in discovering that precious specimen of humanity, Tittlebat Titmouse, who hath already figured so prominently in this history. When they came to set down on paper the result of all their researches and inquiries, in order to submit it in the shape of a case for the opinion of Mr. Mortmain and Mr. Frankpledge, in the manner described in a former part of this history, it looked perfect on paper, as many a faulty pedigree and abstract of title had looked before, and will yet look. It was quite possible for even Mr. Tresayle himself to overlook the defect which had been pointed out by Mr. Subtle. That which is stated to a conveyancer, as a fact—any particular event, for instance, as of a death, a birth, or a marriage, at a particular time or place, which the very nature of the case renders highly probable—he is warranted in assuming to be so. But when the same statement comes—with quite a different object—under the experienced eye of a nisi prius lawyer, who knows that he will have to prove his case, step by step, the aspect of things is soon changed. "De non apparentibus, et de non existentibus," saith the law, "eadem est ratio." The first practitioner in the common law, before whom the case came, in its roughest and earliest form, in order that he might "lick it into shape," and "advise generally" preparatory to its "being laid before counsel," was Mr. Traverse, a young pleader, whom Messrs. Quirk and Gammon were disposed to take by the hand. He wrote a very showy, but superficial and delusive opinion; and put the intended protégé of his clients, as it were by a kind of hop, step, and jump, into possession of the Yatton estates. Quirk was quite delighted on reading it; but Gammon shook his head with a somewhat sarcastic smile, and said he would at once prepare a case for the opinion of Mr. Lynx, whom he had pitched upon as the junior counsel in any proceedings which might be instituted in a court of law. Lynx (of whom I shall speak hereafter) was an experienced, hard-headed, vigilant, and accurate lawyer; the very man for such a case, requiring, as it did, most patient and minute examination. With an eye fitted

he crawled, as it were, over a case; and thus, even as one can imagine that a beetle creeping over the floor of St. Paul's, would detect minute flaws and fissures invisible to the eye of Sir Christopher Wren himself, spied out defects which much nobler optics would have overlooked. To come to plain matter-of-fact, however, I have beside me the original opinion written by Mr. Lynx; and shall treat the reader to a taste of it—giving him sufficient to enable him to appreciate the very ticklish position of affairs with Mr. Titmouse. To make it not altogether unintelligible, let us suppose the state of the pedigree to be something like this, (as far as concerns our present purpose:)—

Be pleased now, unlearned reader, to bear in mind that "Dreddlington" at the top of the above table, is the common ancestor, having two sons, the elder "Harry Dreddlington," the younger "Charles Dreddlington;" the latter having, in like manner, two sons, "Stephen Dreddlington" the elder son, and "Geoffrey Dreddlington" the younger son; that Mr. Aubrey, at present in possession, claims under "Geoffrey Dreddlington." Now it will be incumbent on Mr. Titmouse, in the first instance, to establish in himself a clear, independent, legal, and possessory title to the estates; it being sufficient for Mr. Aubrey, (possession being nine-tenths of the law), to falsify Titmouse's proofs, or show them defective—"because," saith a very learned sergeant, who hath writ a text-book upon the Action of Ejectment, "the plaintiff in an action of ejectment must recover upon the strength of his own title, not the weakness of his adversary's."[25]

Now, rebus sic stantibus, behold the astute Lynx advising (inter alia) in manner following; that is to say—

"It appears clear that the lessor of the plaintiff (i. e. Tittlebat Titmouse) will be able to prove that Dreddlington (the common ancestor) was seised of the estate at Yatton in the year 1740; that he had two sons, Harry and Charles, the former of whom, after a life of dissipation, appears to have died without issue; and that from the latter (Charles) are descended Stephen, the ancestor of the lessor of the plaintiff, and Geoffrey, the ancestor of the defendant. Assuming, therefore, that the descent of the lessor of the plaintiff from Stephen can be made out, as there appears every reason to expect, [on this point Lynx had written two brief pages,] a clear primâ facie case will have been established on the part of the lessor of the plaintiff. As, however, it is suspected that Harry Dreddlington executed a conveyance in fee of the property, in order to secure the loan contracted by him from Aaron Moses, it will be extremely important to ascertain, and, if possible, procure satisfactory evidence that the decease of Harry Dreddlington occurred before the period at which, by his father's death, that conveyance could have become operative upon the property: since it is obvious that, should he have survived his father, that instrument, being outstanding, may form a complete answer to the case of the lessor of the plaintiff.[26] The danger will be obviously increased should the debt to Aaron Moses prove to have been paid off, (as it is stated was rumored to have been the fact,) by Geoffrey Dreddlington, the younger son of Charles Dreddlington; for, should that turn out to be the case, he would probably have taken a conveyance to himself, or to trustees for his benefit, from Aaron Moses—which being in the power of the defendant, Mr. Aubrey, would enable him to make out a title to the property, paramount to that now attempted to be set up on behalf of Mr. Titmouse. Every possible exertion, therefore, should be made to ascertain the precise period of the death of Harry Dreddlington. The registries of the various parishes in which the family may have at any time resided should be carefully searched; and an examination made in the churches and churchyards, of all tombstones, escutcheons, etc., belonging, or supposed to belong, to the Dreddlington family, and by which any light can be thrown upon this most important point. It appears clear that Dreddlington (the common ancestor) died on the 7th August, 1742:—the question, therefore, simply is, whether the death of his eldest son (Harry) took place prior or subsequent to that period. It is to be feared that the defendant may be in possession of some better and more direct evidence on this point than is attainable by the lessor of the plaintiff. The natural presumption would certainly seem to be that the son, being the younger and stronger man, was the survivor."[27]