Toppleton's Client; Or, A Spirit in Exile by John Kendrick Bangs (popular novels .TXT) 📖

all about it and let you know, say, by Friday next. We'll first have to decide in what capacity you shall appear in court, whether as a plaintiff or defendant. I think under the circumstances you will have to go as a plaintiff, though in a case in which my father was interested some years ago, I know that it was really the plaintiff who was put on the defensive as soon as the old gentleman took him in hand to cross-examine him. It was said by experts to have been the crossest examination on the calendar that year; and between you and me, Edward,[169] the plaintiff never forgave his attorneys for not retaining the governor on his side in the beginning. If you would rather go as a defendant, I suppose I could arrange to have it so, but it strikes me as a disadvantageous thing to do in these days, because in most cases, it is the defendant who has committed the wrong upon which the suit is based, and a man who starts in as the underdog, has to combat the prejudices of judge, jury and general public, with whom it is a time-honoured custom to believe a man guilty until he has proven his innocence. I think, on the whole, it would be easier for you to prove Lord Barncastle's guilt than your own innocence."

"I know from the lucid manner in which you talk, Toppleton," said the exile, with a deep sigh indicating satisfaction, "from the readiness and extemporaneousness with which you grasp the situation, not losing sight of side issues, that I have made no mistake in coming to you. Heaven bless you, sir. You will never regret the assistance you are so nobly giving to one you have never seen."

"Don't mention it, Sallie—I should say Chatford," said Toppleton. "I am an American citizen and will ever be found championing the cause of the oppressed against the oppressor. My ears are ever open to the plaint of the[170] plaintiff, nor shall I be deaf to the defendant in case you choose to be the latter. Count on me, Edward, and all will yet be well!"

With these inspiring words, Toppleton lit his cigar and walked jauntily from the room, and the exile relapsed into silence.

Faithful to his promise, Toppleton applied himself assiduously to the study of the law as it seemed to him to bear upon the case of his mysterious client. To be sure, his library was not quite as extensive as it might have been, and there may have been points in other books than the ones he had, which would have affected his case materially, but the young lawyer was more or less self-reliant, and what he had to read he read intelligently.

"If I were called upon suddenly to rescue a young woman from drowning, and possessed nothing but an anchor and a capstan bar to do it with, my duty clearly would be to do the best I could with those tools, however awkward they might be. I could not ease my conscience after neglecting to do all that I could with those tools, by saying that I hadn't a lifeboat and a cork suit handy. Here is a parallel case. I must do the best I can with the tools I have, and I guess I can find enough law in Blackstone and that tree calf copy of the sixteenth volume of Abbott's 'Digest' I picked up the other day[171] to cover this case. If I can't, I'll have to use the sense that Nature gave me, and go ahead anyhow."

To his delight, Hopkins found it utterly unnecessary for him to read the tree calf sixteenth volume of Abbott's "Digest," he found so much in the "Comic Blackstone" that applied.

"Why, do you know," he said to the exile when they met, the one to explain the law, the other to listen, "do you know you have the finest case in all Christendom, without leaving the very fundamental principles of the law? It's really extraordinary what a case you have, or rather, would have, if you could devise some means of appearing in court. That's the uncrackable nut in the case. How the deuce to have you appear on the witness stand, I can't see. The court would not tolerate any such makeshift as the Aunt Sallie scheme you and I have adopted, it would be so manifestly absurd, and would give the counsel for the defence—for you must be the plaintiff after all, can't help yourself—it would give the counsel for the defence the finest chance to annihilate us by the use of his satirical powers he had ever had, and before a jury that would simply ruin our cause at the outset."

"I don't see why I can't testify as I am—bodiless as I have been left. The mere absence[172] of my body and presence of my consciousness would almost prove my case," said the exile.

"It would seem as if it ought to," said Toppleton. "But you know what men are. They believe very little that they hear, and not much more than half that they see. You couldn't expect anyone to believe the points of a person unseen. If they can't see you they can't see your hardships, and besides, hearsay evidence unsupported is not worth shucks."

"I don't know what shucks are," returned the exile, "but I see your point."

"It's a serious point," said Toppleton. "And then there is another most embarrassing side to it. We can't afford to have our case weakened by putting ourselves in a position where countercharges can be brought against us, and I am very much afraid our opponents would charge vagrancy against you, for the very obvious and irrefutable reason that you have absolutely no visible means of support. You wouldn't have a leg to stand on if they did that, and yet it does seem a pity that something cannot be done to enable you to appear, for as I said a minute ago, you have otherwise a perfectly magnificent cause of action. Why, Edward, there isn't a page in the Comic Blackstone that does not contain something that applies to your case, and that ought to[173] make you a winner if we could get around this horrible lack of body of yours.

"For instance," continued Toppleton, opening A'Beckett's famous contribution to legal lore, "in the very first chapter we find that Blackstone divides rights into rights of persons and rights of things. Clearly you have a right to your own person, and no judge on a sane bench would dare deny it. Absolute rights, it says here, belong to man in a state of nature, which being so, you have been wronged, because in being deprived of your state of nature you have been robbed of your absolute rights. Clear as crystal, eh?"

"That's so," said the exile. "You are a marvel at law, Hopkins."

"In section six reference is made to the habeas corpus act of Charles the Second, and unless I have forgotten my Latin, that is a distinct reference to a man's right to the possession of his own body. Section eight, same chapter, announces man's right to personal security, and asserts his legal claim to the enjoyment of life, limbs, health and reputation. Have you enjoyed your life? No! Have you enjoyed your limbs? Not for thirty years. Have you enjoyed your health. No! Barncastle of Burningford has enjoyed that as well as your reputation. I think on the whole[174] though, we would better not say anything about your reputation if we get into court, for while it is undoubtedly yours, and has been by no means enjoyed by you, you didn't make it for yourself. That was his work, and he is entitled to it."

"True," said the exile. "I do not wish to claim anything I am not entitled to."

"That's the proper spirit," said Toppleton. "You want what belongs to you and nothing more. You are entitled to your property, for which section eleven of this same chapter provides, saying that the law will not allow a man to be deprived of his property except by the law itself. If a man's own body isn't his, I'd like to know to whom it belongs in a country that professes to be free!"

Toppleton paused at this point to make a few notes and to reinforce his own spirit by means of others.

"Now, under the head of real property, Chatford," he said, "I find that in England property is real or personal. I think that in this case, that of which you have been deprived comes under both heads. One's body is certainly real and unquestionably personal, and if a man has a right to the possession of each, he has a right to the possession of both, and he who robs him of both is guilty of a[175] crime under each head. Real property consists of lands, tenements and hereditaments. Lands we must perforce exclude because you have lost no lands. Tenements may be alluded to, however, with absolute fairness because the body is the tenement of the soul. Of hereditaments I am not sure. I don't know what hereditaments are, and I haven't had time to find out anything about them except that they are corporeal or incorporeal, which leads me to infer that you have been wronged under this head also, for I must assume that a hereditament is something that may or may not have a body according to circumstances, which is your case exactly.

"Now a man's right to the possession of an estate is called his title, if I am not mistaken," continued Hopkins, "and it is only reasonable to suppose that this refers to bodily estate as well as to landed estate. What we must dispute is Barncastle's title to your bodily estate. Our case is referred to in section two, chapter nine, part second of this book, which deals with joint tenancy in which two or more persons have one and the same interest in an estate, but it must be held by both at the same time. Now, even granting, as the other side may say, that you entered into a partnership with the fiend, we could knock him right off his[176] pins on the sole fact that in declining to admit you to your own bodily estate, he has not only deprived you of an undoubted right, but has in reality forfeited his own claim to possession, since he has violated the only principle of law upon which he could claim entrance to the estate under any circumstances."

"Superb!" ejaculated the exile.

"Now we come to an apparent difficulty," continued Hopkins. "Possession is, according to my authority, five points of the law. The fiend has possession, and in consequence tallies five points; out of how many I do not know. What the maximum number of points in the law is, the book does not say, but even assuming that they form a good half, I think we can bring forward five more with a dozen substitutes for each of the five in support of our position. Some of these points will evolve themselves when we come to consider whence Barncastle's title was derived.

"Did he acquire his title by descent? No; unless it was by a descent to unworthy tricks which, I fear, are outside of the meaning of the law. By purchase? If so, let him show a receipt. By occupancy? Yes, and by a forcible occupancy which was as justifiable as his occupation of the throne would be, an occupancy which can be shown in court to be an entire subversion of the[177] right of a prior occupant whose title was acquired by inheritance."

"That's a strong point," said the exile.

"Yes, it is," said Hopkins, "especially in a country where birth means so much. But that isn't all we have to say on this question of title. A title can be held by prescription. Barncastle may claim that he got his this way, but we can meet that by showing that he compounded his own prescription, and originally got you to swallow it by a trick. He also has a title by alienation, and there I think we may be weak since you were a party to the final alienation, though we may be able to pull through on even that point by showing that you consented only in the expectation of an early return of the premises. It was an alienation by deed, an innocent deed on your part, an infamous one on his. It was not an alienation of record, which weakens his claim, but one of special custom, which by no means weakens yours.

"And so, Edward, we might go on through the whole subject of the right of property, and on every point we are strong, and on few can Barncastle of Burningford put in the semblance of a defence."

"It's simply glorious," said the exile. "I don't believe there ever was a case like it."

"I don't believe so either," said Toppleton.[178] "And on the whole I'm glad there never was. I should hate to think that a crime like this could ever become a common one.

"Now," he said, resuming the discussion of the legal aspect of the exile's case, "let us see what we can find under the