That Mainwaring Affair by A. Maynard Barbour (ebook reader computer txt) 📖

a sheet of paper little less time-worn and yellowed than the ancient will itself, upon which was written, in the methodical business hand with which he was so familiar, a brief statement to the effect that a certain accompanying document described as the last will and testament of Ralph Maxwell Mainwaring had been drawn and executed as such on the night preceding his death, its intent and purpose being to reconvey to an elder son the family estate, to which he had previously forfeited all right and title; that efforts made to communicate with the beneficiary had proved unavailing, as he had left the country and his place of residence was unknown. Then followed Hugh Mainwaring's signature. At the bottom of the page, however, was a foot-note of much later date, which put a different complexion on the foregoing, and which read as follows:

"It has now been ascertained for a certainty that the beneficiary mentioned in the accompanying will is no longer living. I have, therefore, a clear title to the estate, as it would revert to me at his death. The document itself is worthless, except as a possible means of silencing that scoundrel, Hobson, should he attempt to reveal anything of the past, as he has threatened to do, and for this purpose I shall retain it in my possession until such time as I make final adjustment of my affairs.

"HUGH MAINWARING."

"Ah," said Harold Mainwaring, thoughtfully, as he suddenly recalled the morning when he had discovered Merrick and his assistant dragging the lake at Fair Oaks, "I think I understand how this paper came into Merrick's possession. It was evidently kept in the same receptacle which held the will, but in my haste and excitement at the discovery of the will I must have overlooked it. The box in which these papers were kept afterwards fell into Merrick's hands, and he must have found this."

"That solves one riddle, here is the other," and Miss Carleton handed her lover a small note, covered with a fine, delicate chirography whose perfectly formed characters revealed a mind accustomed to the study of minute details and appreciative of their significance. He opened it and read the following:

"MY DEAR MISS CARLETON:

"Pardon the liberty I take, but, thinking the enclosed bit of paper might be of some possible assistance to one in whose success I believe you are deeply interested, I send it herewith, as, for obvious reasons, I deem this circuitous method of transmission better than one more direct.

"As when taking leave of you on board the 'Campania,' so now, permit me to assure you that if I can ever serve you as a friend, you have but to command me.

"Most sincerely yours,
"C. D. MERRICK."

A smile of amusement lighted Harold Mainwaring's face as, glancing up from the note, his eyes met those of Miss Carleton's with their expression of perplexed inquiry.

"This is easily explained," he said; "do you remember the tall, slender man whom we observed on board the 'Campania' as being rather unsocial and taciturn?"

"Yes, I remember he rather annoyed me, for I fancied he concentrated considerably more thought and attention upon us than the circumstances called for."

"Which shows you were more observing than I. Such a thought never entered my mind till I had been about ten days in London, when it occurred to me that, considering the size of the town and the fact that he and I were strangers, we met with astonishing frequency. I have since learned that he was a detective sent over to London on an important case, and being an intimate friend of Merrick's, the latter, who, I am informed, was shadowing me pretty closely at the time, requested him to follow my movements and report to him, which he evidently did, as I have since heard that Merrick had expressed to one or two that he was not at all surprised by the developments which followed my return to this country. Consequently, it is not to be wondered at if he has an inkling that you may be somewhat interested in this case."

"But what could have been Mr. Merrick's object in shadowing you?"

"I cannot say. It may have been only part of his professional vigilance in letting nothing escape his observation; but from the first I was conscious of his close espionage of my movements. Now, however, I am satisfied that he had none but friendly intentions, and I appreciate his kindness, not only towards myself, but more especially towards you."

"Will that statement be of any assistance to you, do you think?"

"I hardly think so under our present plans," he replied, after a moment's reflection; "under recent developments our plans differ so radically from what we first intended, that we will probably have little use for any of the testimony which we had originally prepared."

"But these recent developments which have so changed your plans must certainly have been in your favor and have rendered your success the more assured, have they not?"

"Not only more assured, but more speedy and complete. To me, the coming trial means far more than the settlement of the controversy over the estate; it means the complete and final vindication of my character, so that I can stand before you and before the world acquitted of every charge which my enemies would have sought to bring against me."

Her face grew radiant with sympathy. "I well know what that means to you, and I would be first to congratulate you on such a victory, for your own sake; but I needed no public acquittal to convince me of your innocence,—not even," she added, slowly, "when you yourself for some reason, which I hope one day to understand, were unable to assure me of it."

His dark eyes, glowing with suppressed feeling, met hers, the intensity of their gaze thrilling her heart to its inmost depths.

"Do not think that I can ever forget that," he said in low tones which seemed to vibrate through her whole being; "do not think that through any triumphs or joys which the future may bring, I can ever forget, for one moment, the faith and love which stood loyally by me in my darkest hour,—the hour when the shadow of the crime, which has forever darkened Fair Oaks, was closing about my very soul!"

Startled at the sudden solemnity of his words and manner, she remained silent, her eyes meeting his without a shade of doubt or distrust, but full of wondering, tender inquiry, to which he replied, while for an instant he laid his hand lightly and caressingly on hers, "Only a few days longer, love, and I will tell you all!"

On the morning of the following day a dense crowd awaited, at an early hour, the opening of the December term of court; a crowd which was steadily augmented till, when the case of Mainwaring versus Mainwaring was called, every available seat was filled. All parties to the suit were promptly on hand, and amid a silence almost oppressive, proponent and contestant, with their counsel and witnesses, passed down the long aisle to their respective places.

Seldom had the old court-room, in its long and varied history, held so imposing an array of legal talent as was assemble that morning within its walls. The principal attorneys for the contestant were Hunnewell & Whitney of New York, and the London firm of Upham & Blackwell, while grouped about these were a number of lesser luminaries, whose milder rays would sufficiently illumine the minor points in the case. But at a glance it was clearly evident that the galaxy of legal lights opposing them contained only stars of the first magnitude. Most prominent among the latter were Barton & Barton, of London, with Mr. Sutherland and his life-long friend and coadjutor, M. D. Montague, with whom he had never failed to take counsel in cases of special importance, all men of superb physique and magnificent brains; while slightly in the rear, as reinforcements, were the Hon. I. Ponsonby Roget, Q.C., another Q.C. whose name had not yet reached the public ear, and a Boston jurist whose brilliant career had made his name famous throughout the United States.

Prominent among the spectators were Mr. Scott and Mr. Thornton, apparently on the best of terms, and watching proceedings with demonstrations of the liveliest interest, while seated at a little distance, less demonstrative, but no less interested, was young Mainwaring, accompanied by Miss Thornton and Miss Carleton.

The first day was devoted to preliminaries, the greater part of the time being consumed in the selection of a jury. One after another of those impaneled was examined, challenged by one side or the other, and dismissed; not until the entire panel had been exhausted and several special venires issued, was there found the requisite number sufficiently unprejudiced to meet the requirements of the situation.

The remainder of the day was occupied by counsel for contestant in making the opening statement. A review of the grounds upon which the contest was based was first read by one of the assistant attorneys, after which Mr. Whitney followed with a lengthy statement which occupied nearly an hour. He reviewed in detail the circumstances of the case, beginning with the death of Hugh Mainwaring, and laying special stress upon his irreproachable reputation. He stated that it would be shown to the jury that the life of Hugh Mainwaring had been above suspicion, an irrefutable argument against the charges of fraud and dishonesty which had been brought against him by those who sought to establish the will in contest. It would also be shown that the said document was a forgery, the result of a prearranged plan, devised by those who had been lifelong enemies of Hugh Mainwaring and the contestant, to defraud the latter of his rights, and to obtain possession of the Mainwaring estate; and that the transparency of the device in bringing the so-called will to light at that particular time and under those particular circumstances was only too plainly evident.

Mr. Whitney was warming with his subject, but at this juncture he was peremptorily called to order by Mr. Sutherland, who stated that he objected to counsel making an argument to the jury, when he should confine himself simply to an opening statement. Mr. Whitney's face flushed as a ripple of amusement ran through the courtroom, but the objection was sustained, and, after a brief summary of what the contestant proposed to show, he resumed his seat, and the court then adjourned until the following morning.

The first testimony introduced on the following day was to establish the unimpeachable honesty and integrity of the deceased Hugh Mainwaring. Both Mr. Elliot and Mr. Chittenden were called to the stand, and their examination—particularly the cross-examination, in which a number of damaging admissions were made—occupied nearly the entire forenoon; the remainder of the day being devoted to the testimony of witnesses from abroad, introduced to show that for years a bitter estrangement had existed between Frederick Mainwaring Scott, the alleged foster-father of the proponent, and the members of the Mainwaring family,—the deceased Hugh Mainwaring and the contestant in particular; and also to show the implacable anger of Ralph Maxwell Mainwaring against his elder son and the extreme improbability of his ever relenting in his favor.

Day after day dragged slowly on, still taken up with the examination of witnesses for contestant; examinations too tedious and monotonous for repetition, but full of interest to the crowds which came and went, increasing daily, till, on the days devoted to the expert testimony, galleries and aisles were packed to overflowing, while throngs of eager listeners gathered in the corridors about the various exits.

It soon became evident that Ralph Mainwaring's oft repeated assertions concerning the elaborate preparation he had made for the coming contest were no idle boast. Nothing that human ingenuity could devise had been left undone which could help to turn the scale in his own favor. The original will of Ralph Maxwell Mainwaring, by which his elder son was disinherited, was