The day of trial arrived——The trial came on about three o'clock in the evening. The court was uncommonly crowded. The friends of Mr. Percy, the adherents of Sir Robert, appeared on opposite sides of the galleries. Sir Robert's adherents boasting loud of his certainty of success, and spreading all manner of false and abusive reports of Alfred and Mr. Percy, whose friends, mean time, preserved a dignified silence ——-Neither Godfrey nor Count Altenberg had arrived in England; among the spectators, the only person of Mr. Percy's family who was present was Erasmus, who, being pointed out as the son of the Mr. Percy that was in prison, interested every body in his favor by his excellent countenance and gentleman-like demeanor, all which were contrasted with the dark inauspicious physiognomy of Sir Robert, who sat opposite to him, and who was never tranquil one second——but was continually throwing notes to his counsel, beckoning or whispering to his attorney——while convulsive twitches of face and head——snuff-taking ——and handkerchief spread frequently to conceal the expression of his countenance, betrayed the malignant flurry of his spirits. One of his counsel was so much provoked by his interference, that, in consequence of some suggestion, he replied, "If Sir Robert Percy cannot trust his counsel, let him plead his own cause."
Alfred conducted his father's cause in the most judicious and temperate manner. An attempt had been made by Sir Robert, to prejudice the public against Mr. Percy, by representing him as the descendant of a younger brother, who was endeavoring to dispossess the heir of the elder branch of the family of that estate, which belonged to him by right of inheritance. Alfred's first care was to put the court and the jury in full possession of the facts. He stated that,——- "His father, Lewis Percy, plaintiff in this cause, and Robert Percy, Bart. defendant, both descended from Sir John Percy, who was their grandfather. Sir John outlived both his sons, who left him two grandsons, Robert was the son of his eldest, and Lewis of his youngest son.——-Sir John had two estates, one of them paternal, which went in the ordinary course of descent to the representative of the eldest son, being the present Sir Robert Percy. Sir John's other estate, in Hampshire, which came to him by his wife, he conveyed, a short time before his death, to his youngest grandson, the present Lewis Percy, who had held undisturbed possession of it for many years.——-But, in process of time, Sir Robert Percy ruined himself by play, and having frequent intercourse with Sharpe, the solicitor, upon some great emergency, inquired whether it was not possible to shake the title of his cousin Mr. Percy's estate. He suggested, that the conveyance might not be forthcoming; but Sir Robert assured him, that both his grandfather and the present Mr. Percy were men of business, and that there was little likelihood either that the deeds should be lost, or that there should be any flaw in the title.——Afterwards a fire broke out at Percy-Hall, which consumed that wing of the house, in which were Mr. Percy's papers.——The papers were all saved except this need of conveyance. Mr. Sharpe accidentally overhearing the exclamation of Miss Percy, when she thought she had recovered the deed, was apprised of the loss, and conveyed the intelligence to Sir Robert. He immediately commenced a suit against his cousin, and had finally succeeded in obtaining a verdict in his own favor, and possession of the Hampshire estate——At the time when Mr. Percy delivered up possession and quitted Percy-Hall, in consideration of the extensive improvements which he had made, and in consideration of his giving up to Sir Robert, plate, furniture, wine, horses, and equipages, Sir Robert had promised to forego whatever claim he might have upon Mr. Percy, for the rents which he had received during the time he had held the estate——But, afterwards, Sir Robert repented of having made this agreement, broke his promise, took out a writ against his cousin for the mesne rates, had him arrested for the debt, and thrown into prison.——-Unable to pay the immense sum claimed from him, and determined not to involve his friends by accepting of their security, Mr. Percy had little probability of ever being released, till, by fortunate circumstances, which it is needless here to recapitulate, the lost conveyance was recovered; Sir Robert, apprised by him of the recovery of this deed, still persisted in holding possession of the Hampshire estate, and in detaining his cousin in prison for the mesne rates. The present action was in consequence brought by Mr. Percy for the recovery of his liberty, and his property."——
Not one word of invective, of eloquence, of ornament, or of any attempt at pathos, did our barrister mix with this statement. It was his object to put the jury, and the court, clearly in possession of facts, which, unadorned, he knew would appear stronger, than if encumbered by any flowers of oratory.
Having produced the deed, conveying the Hampshire estate to his father, Alfred called evidence to prove the signature of Sir John Percy, and the hand writing of the witnesses. He further proved, that this conveyance had been formerly seen among his father's papers at Percy-Hall; showed it had been recently recovered from Mr. Falconer's box of papers, and explained how it had been put there by mistake, and he supported this fact by the evidence of Commissioner Falconer. ——Alfred rested his cause on these proofs, and waited, anxious to know what defence the defendant was prepared to make.
To his astonishment and consternation, Sir Robert's counsel produced another deed of Sir John Percy's, revoking the deed by which Sir John had made over his Hampshire estate to his younger grandson, Mr. Percy, it appearing by a clause in the original deed, that a power for this purpose had been therein reserved. This deed of revocation was handed to the judge, and to the jury, that it might be examined.——The two deeds were carefully compared. The nicest inspection could not discover any difference in the signature, or seal. When Mr. Friend examined them, he was in dismay!——The instrument appeared perfect. Whilst the jury were examining the deeds, Mr. Friend and Alfred had a moment to consult together.
"We are undone," whispered Mr. Friend, "if they establish this deed of revocation, it sets us aside for ever."
Neither Mr. Friend, nor Alfred, had any doubt of it's being a forgery, but those who had plunged thus desperately in guilt would probably be provided with perjury sufficient to support their iniquity.
"If we had been prepared!" said Mr. Friend, "but how could we be prepared for such a stroke? Even now, if we had time, we could summon witnesses who would discredit theirs, but. ..."
"Do not despair," said Alfred, "still we have a chance, that their own witnesses may cross each other, or contradict themselves. Falsehood, with all it's caution, is seldom confident."
The trial proceeded. Alfred, in the midst of the fears and sighs of his friends, and of the triumphant smiles, and anticipating congratulations of his enemies, continued to keep both his temper and his understanding cool. His attention was fixed upon the evidence produced, regardless of the various suggestions whispered, or written to him by ignorant or learned advisers.
William Clerke, the only surviving witness to the deed of revocation produced by Sir Robert, was the person, on whose evidence the cause principally rested. He was now summoned to appear, and room was made for him. He was upwards of eighty years of age; he came slowly into court, and stood supporting himself upon his staff, his head covered with thin gray hairs, his countenance placid and smiling, and his whole appearance so respectable, so venerable, as to prepossess immediately the jury and the court in his favor.
Alfred Percy could scarcely believe it possible, that such a man as this could be the person suborned to support a forgery.——After being sworn, he was desired to sit down, which he did, bowing respectfully to the court. Sir Robert Percy's counsel proceeded to examine him as to the points they desired to establish.
"Your name, Sir, is William Clerke, is it not?"
"My name is William Clerke,"——answered the old man, in a feeble voice.
"Did you ever see this paper before?" showing him the deed.
"I did——I was present when Sir John Percy signed it,——he bid me witness it, that is, write my name at the bottom, which I did, and then he said, 'take notice, William Clerke, this is a deed, revoking the deed by which I made over my Hampshire estate to my youngest grandson, Lewis Percy.'"
The witness was going on, but the counsel interrupted.——
"You saw Sir John Percy sign this deed?——you are sure of that?"
"Is this Sir John Percy's signature?"
"It is,——The very same I saw him write, and here is my own name, that he bid me write just there."
"You can swear, that this is your handwriting."
"Do you recollect what time Sir John Percy signed this deed?"
"Yes; about three or four days before his death."
"Very well, that is all we want of you, Mr. Clerke."
Alfred Percy desired, that Clerke should be detained in court, that he might cross-examine him.——The defendants went on, produced their evidence, examined all their witnesses, and established all they desired.
Then it came to Alfred's turn to cross-examine the witnesses, that had been produced by his adversary.——When William Clerke reappeared, Alfred, regarding him stedfastly, the old man's countenance changed a little,——but still he looked prepared to stand a cross-examination.——In spite of his efforts he trembled.
"Oh! you are trembling on the brink of the grave!" said Alfred, addressing him in a low, solemn tone,——"Pause and reflect, whilst you are allowed a moment's time for reflection.——A few years must be all you have to spend in this world.——A few moments may take you to another,——to appear before a higher tribunal——before that judge, who knows our hearts, who sees into yours at this instant."
The staff in the old man's hand shook violently.
Sir Robert Percy's counsel interrupted——said that the witness should not be intimidated, and appealed to the court. But Alfred, observing that the judge was silent, proceeded.——
"You know, that you are upon your oath ——this is probably the last oath ... possibly the last words you may ever utter ... Look that they be true,——You know, that men have been struck dead whilst uttering falsehoods.——You are upon your oath——Did you see Sir John Percy sign this deed?"
The old man attempted in vain to articulate.
"Give him time to recollect!"——cried the counsel on the opposite side,——"Give him leave to see the writing now he has his spectacles."——-
He looked at the writing twice,——his head and hands shaking, so that he could not fix his spectacles.——The question was repeated by the judge. The old man grew pale as death. Sir Robert Percy, just opposite to him, cleared his throat to catch the witness's attention, then darted at him such a look as only he could give.
"Did I see Sir John Percy sign this deed?"——repeated William Clerke,—— "yes, I did."
"You hear, my Lord, you hear," cried Sir Robert's counsel,——"The witness says he did.——There is no occasion farther to intimidate this poor old man. He is not used to speak before such an audience.——There is no need of eloquence, all we want is truth.——The evidence is full, distinct, and positive.——My Lord, with your Lordship's leave, I fancy we may dismiss him."
They were going to hurry him away, but Alfred Percy said, that, with the permission of the Court, he must cross-examine that witness farther, as the whole event of the trial depended upon the degree of credit, that might be given to his evidence.
By this time the old man had somewhat recovered himself; he saw, that his age, and reverend appearance, still prepossessed the jury in his favor, and from their looks, and from the whispers near him, he learned that his tremor and hesitation had not created any suspicion of guilt, but had been attributed rather to the sensibility of virtue, and the weakness of age. And now that the momentary emotion, which eloquence had produced on his mind had subsided, it turned to it's former state.——He recollected the bribe that had been promised him.——He was aware, that he had already sworn what, if he contradicted, might subject him to be prosecuted for perjury. He now stood obstinately resolved to persevere in his iniquity. The first falsehoods pronounced, and believed, as he hoped, by the jury, the next would be easy.
"Your name is William Clerke, and this," said Alfred (pointing to the witness's signature), is your hand writing?"
"You can write then?"——(putting a pen into his hand, be so good as to write a few words in the presence of the Court. ——He took the pen, but after making some fruitless attemps, replied,
"I am too old to write. ... I have not been able to write my name these many years——Indeed! Sir, indeed! you are too hard upon one like me.——God knows,"——said he looking up to Heaven, some thought with feeling, some suspected with hypocrisy.——God knows, Sir! I speak the truth, and nothing but the truth.——Have you any more questions to put to me.——I am ready to tell all I know.——What interest have I to conceal any thing," continued he, his voice gaining strength and confidence as he went on repeating the lesson which he had been taught.
"It was long, a long while ago," he said, "since it had all happened; but thank Heaven, his memory had been spared him, and he remembered all that had passed, the same as if it was but yesterday.——He recollected how Sir John looked, where he sat, what he said when he signed this deed.——And, moreover, he had often before heard of a dislike Sir. John had taken to his younger grandson ... ay, to that young gentleman's father,"——looking at Alfred——"And I was very sorry to hear it——very sorry there should be any dispute in the family, for I loved them all," said he, wiping his eyes——"Ay, I loved 'em all, and all alike, from the time they were in their cradles.——I remember too, once, Sir John said to me, William Clerke, says he, you are a faithful lad ... for I was a lad once. ..."
Alfred had judiciously allowed the witness to go on as far as he pleased with his story; in the expectation, that some exaggeration and contradiction would appear, but the judge now interrupted the old man, observing, that this was nothing to the purpose——that he must not take up the time of the court with idle tales, but that if he had any thing more to give in evidence respecting the deed, he should relate it.
The judge was thought to be severe——and the old man, after glancing his eye on the jury, bowed with an air of resignation, and an appearance of difficulty, which excited their compassion.
"We may let him go now, my lord, may not we?" said Sir Robert Percy's counsel.
"With the permission of his Lordship, I will ask one other question,"——said Alfred.
Now, it should be observed, that after the first examination of this witness, Alfred had heard him say to Mr. Sharpe——-
"They forgot to bring out what I had to say about the seal."
To which Sharpe had replied——-"Enough without it."——
Alfred had examined the seal, and had observed that there was something underneath it——through a small hole in the parchment he saw something between the parchment and the sealing wax.
"You were present, I think you say, Mr. Clerke, not only when this deed was signed, but when it was sealed?"——
"I was, Sir,"——cried Clerke, eager to bring out this part of the evidence, as it had been prepared for him.——"I surely was, and I remember it particularly, because of a little remarkable circumstance ... Sir John, God bless him! ... I think I see him now. ... My Lord, under this seal,"——continued the old man, addressing himself to the judge, and putting his shrivelled finger upon the seal. "Under this very seal, Sir John put a sixpence. ... And he called upon me to observe him doing it. ... For, my Lord, it is my opinion, he thought then of what might come to pass, he had a sort of a foreboding of this day.——-And now, my Lord, order them if you please, to break the seal.——Break it before them all.——And if there is not the sixpence under it, why this deed is not Sir John's ... and this is none of my writing, and," cried he, lifting up his hands and eyes, "I am a liar, and perjured."
There was a profound silence.——The seal was broken.——The sixpence appeared. ——It was handed in triumph, by Sir Robert Percy's counsel, to the jury and to the judge. There seemed to be no longer a doubt remaining in the minds of the jury——and a murmur of congratulations among the partisans of Sir Robert seemed to anticipate the verdict.
"'Tis all over I fear!" whispered Friend to Alfred——" Alfred, you have done all that could be done.——But they have sworn through every thing.——It is over with us."
"Not yet," said Alfred, who all this time had kept silence with the utmost patience and calmness. Every eye turned upon him, some from pity, some from curiosity, to see how he bore his defeat. At length, when there was silence, he begged to be permitted to look at the sixpence. The judge ordered that it should be shown to him. He held it to the light to examine the date of the coin; he discovered a faint impression of the head of George the Third on the sixpence, and, upon closer inspection, he made out the date, and showed clearly, that it was a coin of the reign of George the Third.——Now the date of the forged deed was in the reign of George the Second, in which reign Sir John Percy died, so that there was an absolute impossibility, that this sixpence could have been put under the seal of the deed by Sir John.
By what slight circumstances are the most deep-laid villanies sometimes discovered!——-
The moment Alfred stated this fact, the counsel on the opposite side took the sixpence, examined it, threw down his brief, and left the court.——-People looked at each other in astonishment. The judge ordered, that William Clerke should be detained, that he might be prosecuted by the crown for perjury.
The old man fell back senseless.——Mr. Sharpe and Sir Robert Percy pushed their way together out of court, and all who had till now appeared as their friends disclaimed them. No farther evidence was offered, so that here the trial closed. The judge gave a short, impressive charge to the jury, who, without withdrawing, instantly gave their verdict in favor of the plaintiff, Lewis Percy,——a verdict that was received with loud acclamations, which, not even respect to the court could restrain.
Alfred hastily shook hands with his friends, and in the midst of universal applause and congratulations hurried away to carry the good news to his father.——The pleasure of gaining a thousand estates, a thousand victories, could not equal the delight he felt at this moment; for how much are all the triumphs of interest or ambition inferior to the warm joy of affection!
Erasmus and Mr. Temple accompanied Alfred to the King's Bench. The gaoler knew and liked Alfred Percy, was interested for the whole family, and as he saw the joyful event in his countenance, the doors of the prison flew open before him.——He reached his father's room.
"Stop, my dear Son! before you speak, let me assure you, that I am prepared for the worst, and that whatever may be the event, I am convinced that you have done all which ability, energy, and affection could do, to restore me to liberty and fortune.——Now speak."——
"Joy, dear mother! he is free.——Liberty, fortune restored!"——-
His mother, his sisters, embraced Alfred, in quick succession, with tears of delight.——For some moments a spectator might have imagined that they beheld a family in deep affliction. But soon through these tears appeared on the countenance of each individual the radiance of joy——smiles of affection——tenderness——gratitude, and every delightful, benignant feeling of the human heart.
"Has any body sent to Mrs. Hungerford, to Lady Jane Granville," said Mr. Percy.
"Yes, yes, messengers were sent off the moment the verdict was given," said Erasmus——" I took care of that."
"Thank you, my dear Erasmus——always kind——-Rosamond, remember your promise to Mr. Temple.——He has a right to this hand, and let me give it to him——No, he shall receive it from his friend Alfred.——-Caroline, my love, you and your husband will meet in perfect happiness, and the sacrifice you have made for your father will make you dearer to such a husband.——I had hopes, my love," continued Mr. Percy, turning to Mrs. Percy, "that Godfrey would have been here by this time——but it is best as it is, we have that pleasure still in store.——And now, my beloved children, after having returned thanks to Providence, let me here, in the midst of all of you, to whom I owe my happiness, sit down quietly for a few minutes, and enjoy 'the sober certainty of waking bliss.'"
