? party to it: I have had to bear enough|bleed to death! But, by the way, already that was due to others; and what will Mr Quirk say since I have solemnly pledged my word of honour to Mr Aubrey""What the devil do you mean, Gammon? Cuss me, if I can make you out a bit!" interrupted Titmouse snappishly. "You misunderstand me, my dear Titmouse! Once for all, I say, if you want the money, you must immediately sue on these notes; and my opinion is, you'll succeed-only, I must not appear in it, you know! But if you do choose to employ some other solicitor-there's that Mr Spitfire, for instance-to compel me to give up the notes "Curse Mr Quirk!" cried Gammon impatiently you know the course you are to pursue-you are your own master, surely? What has Mr Quirk to do with you, when I allow you to act in this way?" "To be sure! Well! here's a go! Wasn't it a lucky thought of mine to come here to-night? But don't you forget the other ten thousand-the two make twenty thousand, by Jove! I'm set up again-aha! And as soon as ever the House is up, if I don't cut away in my span-new yacht, with a lot of jolly chaps, to the East Indies, or some other place that'll take us a good six weeks, or so, to go and come back in. Hollo! Is that eleven o'clock striking?" he inquired with a start, taking out his watch. "It is, by Jove! and my pair's up; they'll be dividing "Oh Lord! Honour! No, no!-So bless me, Heaven! I didn't mean anything of the kind," cried Titmouse alarmedly, fearful of offending Gammon, who could scarcely conceal his impatience and disgust at the stupid--I'm off! Good night." ity of Titmouse. "I cannot make you understand me, Titmouse! What I mean is, it is my duty not to let my feelings interfere with your interests. I now, therefore, recommend you, since you have suggested the thing, immediately to put yourself into the hands, as far only as this little business is concerned, of some other solicitor, say Mr Spitfire, in Scorpion Court; and whatever he advises you to do-do, without hesitation. You will probably tell him that, if he demands the two notes on your behalf, I may, for form's sake, resist! but I know I shall be ordered to give them up! Well-I can't help it!" "Honour now, Gammon! May I do as I like?" inquired Titmouse, stupidly and irresolutely. 66 Honour! "And you won't be angry? Not a bit, eh? 'On my sacred word of honour!" replied Gammon solemnly, placing his hand on his breast. "Then fire away, Flannagan!" cried Titmouse, joyfully snapping his fingers. "By Jove, here goes! Here's for a jolly squeeze! Aha! Ten thousand drops of blood!-by Jove, he'll "You remember where Mr Spitfire lives?" said Gammon anxiously. "In Scorpion Court, Strand. I must say he's one of the most respectable men in the profession; and so quick!" "Ah-I remember! I'll be with him the moment after breakfast!" replied Titmouse: Gammon shook him by the hand-feeling, when he had shut both his doors, as if he had just got rid of an imp. "Oh, thou indefinable and undiscoverable principle regulating human affairs! thought he, falling into a reverie, a bitter scowl settling on his stronglymarked features; "of what nature soever thou art, and if any such there really be, what conceivable purpose canst thou have had in view in placing this execrable idiot and ME, in our relative positions?" He pursued this line of philosophical reflection for some time, till he had got into a far more melancholy and misanthropical humour than he had ever before fallen into-till, recollecting himself, and with a deep sigh, he rang for a fresh supply of coffee from his drowsy laundress; and then exerted himself vigorously till nearly five o'clock in the morning, at which hour he sank, exhausted, into bed. During the ensuing day, sure enough, he received a communication signed Simeon Spitfire," and dated from Scorpion Court," informing him that its respectable writer "was instructed to apply to him, on the part of Mr Titmouse, for the immediate delivery up of two promissory notes for £5000 each, given by one Charles Aubrey to the aforesaid Titmouse," and "begging Mr Gammon's immediate attention thereto." Gammon instantly copied out and sent an answer which he had carefully prepared beforehand -taking very high ground indeed, but slipping in, with a careful inad vertence, an encouraging admission of the strict legal right of Mr Spitfire's client. 'Twas, in short, a charming letter-showing its writer to be one of the most fastidiously highminded men living; but producing not the least favourable effect upon the mind of Mr Spitfire, who instantly forwarded a formal and peremptory demand of the two documents in question. Gammon wrote a second letter, alluding to an unguarded (!) admission made in his former communication, which he devoutly hoped would not be used against him; and, in terms of touching and energetic eloquence, re-asserted that, though the letter of the law might be against him, he conceived that, in point of honour, and indeed of justice, he was warranted in adhering to the solemn promise which he had made to a gentleman for whom he entertained the most profound respect; and, in short, he flatly refused to give up the instruments demanded! Irrepressible was the exultation of Mr Spitfire, on finding himself getting so much the better of so astute a person as Mr Gammon! and he took an opportunity of showing to every one who came to his little office, how Mr Gammon had laid himself open to the superior tactics of him-the aforesaid Mr Spitfire!-He then, with profound astuteness, wrote a fine flourishing letter to wind up the correspondence, and adorn an affidavit; apprising Mr Gammon that the Court of King's Bench would be immediately applied to, for a rule calling upon him, forthwith, to deliver up the documents in no question. On this, Mr Gammon drew up an imposing and admirable affidavit, setting forth all the correspondence; and, as soon as he had been served with the rule nisi, he instructed Sir Charles Wolstenholme (the late Attorney-General), Mr Sterling, and Mr Crystal, to show cause against it; knowing, of course, quite as well as did counsel, with whom he did not think it necessary to hold a consultation, for fear they should press him to give up the promissory notes without showing cause, that there was earthly chance of successfully resisting the rule.-When he took his seat under Sir Charles, just before that learned person rose to show cause, he touched Mr Gammon on the shoulder, and warmly complimented him on the highly honourable and friendly feeling which he had manifested towards the unfortunate Mr Aubrey; but 'feared that the case, as far as the legal merits went, was too plain for argument;— but he had looked with unusual care over the affidavits on which the rule had been obtained, and at the form of the rule itself—and rejoiced to say he felt confident that he should be able to discharge it with costs:'-at which Mr Gammon turned suddenly pale, with joyous surprise, as Sir Charles imagined; he not knowing Gammon so well as we do!-The reader is now in a position to appreciate the following report of what took place-and (inter nos) which said report had been drawn up for the Morning Growl, by Mr Gammon himself. COURT OF KING'S BENCH. Yesterday. (Sittings in Banco.) Ex parte TITMOUSE, M.P. "This was a rule, obtained by Mr SUBTLE on a previous day of the term, calling upon Mr Gammon, of the firm of Quirk, Gammon, and Snap, of Saffron Hill, Hatton Garden, to show cause why he should not forthwith deliver up to Mr Titmouse, M.P. for Yatton, two promissory notes, each for the payment, to that gentleman, | by Mr Aubrey. It also appeared that on demand, of £5000, with interest, Mr Titmouse had not hitherto receivby Charles Aubrey. Sir CHARLES ed any portion of the large amount, WOLSTENHOLME, Mr STERLING, and Mr £20,000, yet due in respect of the CRYSTAL, now appeared to show cause mesne profits. The affidavits read by -and took a preliminary objection to the Attorney-General set forth a corthe form of the rule. After a length- respondence which had taken place ened discussion, the Court decided between Mr Titmouse's solicitor and that the rule might be moulded so as Mr Gammon, in which the latter into meet the facts of the case, and di- sisted, in the most strenuous terms, rected cause to be shown on the merits. upon the honourable engagement un"From the affidavits filed in answer der which he conceived himself to be to the rule, it appeared that, shortly to Mr Aubrey, and solemnly declared after the termination of the case of his belief that Mr Aubrey was under Doe dem. Titmouse v. Jolter, in which, a similar impression; at the same it will be recollected, the lessor of the time, there were expressions in Mr plaintiff succeeded in establishing his Gammon's letters, from which it was right to extensive estates in Yorkshire, plain that he was aware of the right, Mr Gammon had been active in endea- in point of strict law, of Mr Titvouring to effect an amicable arrange-mouse, to the documents in question. ment with the defendant in that action, concerning the mesne profits; and, after great exertions, had persuaded his client, Mr Titmouse, to enter into an agreement highly advantageous to Mr Aubrey-who was to be released, as we understood, from no less a sum than Sixty Thousand Pounds, due in respect of the mesne profits, on giving the two promissory notes which formed the subject of the present application. It further appeared, that on obtaining Mr Aubrey's signature to these promissory notes, Mr Gammon had explicitly and repeatedly assured him that he need be under no apprehension of being called on for payment of them, for several years; but that the notes should remain in the hands of Mr Gammon, and should not be put in suit till after a twelvemonth's notice should have been given to Mr Aubrey. "The COURT, without calling on Mr It did not distinctly appear whether SUBTLE (with whom were Mr Goose Mr Titmouse was ever made aware of and Mr MUD), said the rule must be this understanding between Mr Gam-made absolute. The legal right of Mr mon and Mr Aubrey-at all events, nothing had ever passed in writing upon the subject. Mr Gammon, on the contrary, frankly admitted it to be possible that Mr Titmouse might have been under the impression, while surrendering so great a claim against Mr Aubrey, that the sum secured by the two promissory notes was to have been before this time liquidated. There was no affidavit made on the subject It also appeared from the affidavits of Mr Titmouse, and was not denied by those of Mr Gammon, that the former had repeatedly urged the latter to deliver up the notes, or commence proceedings against Mr Aubrey-but that Mr Gammon had, on all such occasions previous to the present one, succeeded in dissuading him from his purpose. It had, moreover, been alleged on behalf of Mr Titmouse, that Mr Gammon was acting in collusion with Mr Aubrey to defeat the just claim of Mr Titmouse; but this Sir Charles Wolstenholme indignantly disclaimed on the part of Mr Gammon, whose conduct throughout showed the nicest sense of honour, and the utmost possible anxiety to interfere between an unfortunate gentleman and utter ruin. But, Titmouse to the notes was admitted by Mr Gammon's own affidavit; and there was no pretence for holding that, as against Mr Titmouse, Mr Gammon, who was only one of that gentleman's attorneys, had any right to withhold the documents in question. No authority from Mr Titmouse to Mr Gammon to make the alleged representations to Mr Aubrey, had been shown, and consequently that gentleman could in no way be bound by them. He | the wretched technicalities, the petty was not even shown to have been quirks, and quibbles, of the lawaware of them. It was not pretended which required a radical reform. Inthat Mr Gammon, or any of his part-deed, the whole system of our jurisners, had any lien on the notes, prudence called for the most searching which must be therefore given up to revision, which, he hoped, would ere Mr Titmouse. With respect to the long take place. Then followed some imputation against Mr Gammon, of severe animadversions upon the conbeing in collusion with Mr Aubrey, duct of Lord Widdrington, in giving Lord Widdrington added, that from effect to such pettifogging subterfuges the high public character of that as had that day served plainly to degentleman it was impossible for a feat the ends of justice; and the article, moment to imagine him capable of any hinting at the infirmities of advancing thing inconsistent with the strictest age, concluded by calling upon his honour; and Mr Gammon's conduct lordship to resign his seat on the showed that, though mistaken as to bench! and make way for a more libethe extent of his power over the notes ral and enlightened successor, who intrusted to him, he had acted from would decide every case that came bethe purest motives, and evinced an fore him, according to the dictates of honourable anxiety to serve the inte- natural equity and common sense, rests of one whom he believed to be without being trammelled by such unfortunate. The rule was then made considerations as at present fettered absolute; but on Mr Subtle applying and impeded the due administration for the costs, the remainder of the day of justice. It did so happen, inter was occupied in an elaborate discus-nos, that this same incompetent Lord sion upon the question-which, however, was eventually referred to the Master." Widdrington had called down upon himself and his court the foregoing philippic, by having imposed a smart Nor was this all. The intelligent fine upon the publisher of the Morning editor of the Morning Growl, happen- Growl, and superadded a twelvemonth's ing to cast his eye over the above, imprisonment, for an execrable libel while lying in proofs, made it the sub- upon an unoffending and amiable ecject of an eloquent leading article, in clesiastical dignitary; and this, too, which were contained many just and his lordship had done, after overruling striking reflections on the continual an almost interminable series of frivoinconsistency between law, as admin- lous and vexatious technical objections istered in England, and justice, of to the proceedings, urged by the dewhich the present, he said, was a glar- fendant's counsel, in conformity with ing instance. It was truly lamentable the instructions which he had re-it seemed to find truth and honour, ceived, to take every possible advangenerosity and justice, all sacrificed to | tage. CHAPTER V. KATE COMMUNICATES A SECRET TOLD HER BY MR GAMMON; WHO SECURES HER BROTHER A NIGHT WITH MR VICE. Ar the earliest moment at which Mr | to Vivian Street, being in total ignoAubrey could, without suspicion, extricate himself from the embraces of his overjoyed wife, sister, and children, on his return to Vivian Street, he withdrew to his study, in order, professedly, to despatch some letters; but really to peruse the paper which had been given to him by Mr Runnington, with such ominous significance. His eye soon caught the words "Ex parte, Titmouse, M.P."—and he glanced over the above report of the proceedings, with exceeding agitation. He read it over twice or thrice, and felt really sick at heart. rance of your intended movements. If you have not taken my advice, and withdrawn from the kingdom, I know not what grievous indignity may have befallen you. You may have been torn from your family, and now incarcerated in prison, the victim of a cruel and inveterate rapacity. My conscience bears me witness that I can say-I can do-no more for you. I am grossly misrepresented-I am insulted, by having base and sinister motives attributed to me, for my conduct towards you, for my anxious and repeated interference on your behalf. "Oh, unfathomable Gammon !" he In the Morning Growl of to-day you exclaimed at length, aloud, laying will probably see, if you have not aldown the paper, and sinking into his ready seen, the report of some rather chair. Surely I am the weakest, or expensive and oppressive proceedings you the subtlest of mankind!" He against myself, yesterday, in the Court turned over in his thoughts every- of King's Bench. It may apprise you thing that he could recollect of Gam- of the last desperate stand I have mon's conduct, from the first moment made for you. It is with bitter regret that they had met; and felt baffled with a feeling_of deep indignation, and bewildered. Again he perused the report of the proceedings in the King's Bench-and would have again relapsed into thought; but his eye happened to alight on two or three notes lying on his table, where they had been placed by Fanny, having come in his absence. He opened the first listlessly, not knowing the handwriting; but, on unfolding it, started violently on recognising that of Gammon, within; and with mingled wonder and fear, read as follows: that I tell you I am unable to fulfil my solemn, deliberate, repeated promise to you concerning the two promissory notes which you deposited with me, in implicit reliance on my honour. Alas! you must prepare for the worst! Mr Titmouse and his new adviser can have, of course, but one object in requiring the surrender of the two promissory notes, which I have already been compelled to give up, under peril of an attachment for contempt of court. I have strained, God knows! every nerve on your behalf; have all but fatally quarrelled with Mr Titmouse, and with my partners; and I stand in some measure compro. |