accounted for by the very large estates in this county which are sought this day to be transferred to a comparative stranger, from the family who have long enjoyed them, and of whom I am anxious to say every thing respectful: for you will very soon find that the name on the record is that of only the nominal defendant; and although all that is professed to be this day sought for, is a very trifling portion of the property, your verdict will undoubtedly decide the question as to the true ownership and enjoyment of the large estates now held by the gentleman who is the substantial defendant-I mean Mr Aubrey, the member of Parliament for the borough of Yatton." Aware of the watchful and formidable opponent who would in due time an swer him, and also of being himself entitled to the general reply to the last word-Mr Subtle proceeded to state the nature of the plaintiff's case with the utmost brevity and clearness. Scarcely any sound was heard but that of the pens of the short-hand writers, and of the counsel taking their notes. Mr Subtle, having handed up two or three copies of the pedigree which he held in his hand to the judge and jury, pointed out with distinctness and precision every link in the chain of evidence which he intended to lay before the jury; and having done this -having presented as few salient points of attack to his opponent as he possibly could-he sat down, professing his entire ignorance of what case could be set up in answer to that which he had opened. He had not been on his legs quite half an hour; and when he ceased-how he had disappointed every one present, except the judge and the bar! Instead of a speech befitting so great an occasion -impressive and eloquent-here had been a brief dry statement of a few uninteresting facts - dates, births, deaths, marriages without a single touch of feeling or ray of eloquence. The momentary feeling of disappointment in the audience, however-almost all of whom, it may easily be believed, were in the interest of the Aubreys-quickly yielded to one of satisfaction and relief; as they thought they might regard so meagre a speech as heralding in as meagre a case. As soon as he had sat down, Mr Quicksilver rose and called the first wit

ness.

"We're safe!" whispered the Attorney-General to Mr Sterling and Mr Crystal; and the witness having been sworn they resumed their seats and their writing. He and the subsequent one established one or two preliminary and formal points_the Attorney-General scarcely rising to put a question to them. The third witness was examined by Mr Subtle with apparent unconcern, but really with exquisite anxiety, From the earnestness and attention with which the words of the witness were watched and taken down by both the judge and the counsel, who knew much better than the audience where the strain of the case commenced, it must have appeared to the latter, that either Mr Subtle under-estimated, or his opponents over-estimated, the value of the evidence now in process of being extracted by Mr Subtle, in short, easy, pointed questions, and with a smiling countenance.

"Not so fast, sir," gruffly interposed Lord Widdrington, addressing the witness.

"Take time, Mr Jones," said Mr Subtle, blandly, fearful of ruffling or discomposing an important witness, The Attorney-General rose to crossexamine; he pressed him quietly but closely; varied the shape of his questions; now he soothed, then he flattered; but sat down, evidently having produced no impression. Thus it was with one or two succeeding witnesses; the Attorney-General, on each occasion, resuming his seat after his abortive efforts with perfect com. posure. At length, however, by a very admirable and well-sustained fire of cross-questioning, he completely demolished a material witness; and the hopes of all interested in behalf of his clients rose high. Mr Subtle, who had been all the while paring his nails, and from time to time smiling with a careless air, (though you might as safely have touched a tigress suckling her cubs, as attempted at that moment to disturb Mr Subtle, so absorbed was he with intense anxiety,) knowing that he could establish the same facts by another and, as he believed, a better witness, did not re-examine; but calling that other, with an air of nonchalance, succeeded in ex. tracting from him all that the other had failed in, and in baffling all the attempts of the Attorney-General to affect his credit, or disturb his equanimity. At length, another witness being in the box,

"My Lord, I object to that question," said Mr Attorney-General, as Mr Subtle, amidst many indifferent and apparently irrelevant questions, quietly slipped in one of the greatest possible importance, had it been answered as he desired. 'Twas quite delightful to see the Attorney-General and his experienced and watchful ju niors, all rise at one and the same instant; showing how vain were the tricks and ingenuity of their sly opponent. Mr Attorney-General stated his objection, briefly and pointedly; Mr Subtle answered him, followed by Quicksilver and Lynx; and then Mr Attorney-General replied, with great force and clearness. This keen encounter of their wits over

"I shall allow the question to beput," said Lord Widdrington, after a pause -"But I have great doubts as to its propriety. I will therefore take a note of Mr Attorney-General's objection."

Four or five similar conflicts arose during the course of the plaintiff's case; now concerning the competency of a witness-then as to the admissibility of a document, or the propriety of a particular question. On each of of these occasions there were dis played on both sides consummate logical skill and acuteness, especially by the two leaders. Distinctions the most delicate were suggested with suddenness, and as promptly encountered; the most artful manœuvres to secure dangerous admissions resorted to, and baffled; the more recondite principles of evidence brought to bear with admirable readiness on both sides. To deal with them, required indeed the practised, penetrating, and powerful intellect of Lord Widdrington. Some points he disposed of promptly, to the satisfaction of both parties; on others he hesitated, and at length reserved them. Though none but the more experienced and able members of the bar could in the least degree enter into and appreciate the nature of these conflicts, they were watched with untiring attention and eagerness by all present, both ladies and gentlemen-by the lowly and the distinguished. And though the intensity of the feelings of

all was manifest by a mere glimpse round the court, yet any momentary display of eccentricity on the part of a witness, or petulance or repartee on the part of counsel, would occasion a momentary merriment that really served only as a sort of relief to the strained feelings, and instantly disappeared. The tomb-stone part of the case was got through easily; scarce any attempt being made on the part of Mr Aubrey's counsel, to resist or interfere with it. But the great-the hottest part of the fight-occurred at that point of the case, where Titmouse's descent from Stephen Dreddlington was sought to be established. This gentleman, who had been a very wild person, whose movements were very difficult to be traced or accounted for, had entered the navy, and ultimately died at sea, as had always been imagined, single and childless. It was proved, however, that so far from such being the case, he had married a person at Portsmouth, of inferior station; and that by her he had a daughter, only two years before his death, which happened at sea, as has been stated. Both mother and daughter, after undergoing great privation, and no notice being taken of the mother by any of her late husband's family, removed to the house of a humble and distant relative, in Cumberland, and afterwards died, leaving her daughter only fifteen years old. When she grew up, she lived in some menial capacity at Cumberland, and ultimately married one Gabriel Tittlebat Titmouse; who, after living for some years a cordwainer at Whitehaven, found his way to Grilston, in Yorkshire, in the neighbourhood of which town he had lived for some years, in very humble circumstances. There he had married; and about two years afterwards his wife died, leaving a sonour friend Tittlebat Titmouse. Both of them afterwards came to London; where, in four or five years' time, the father died, leaving the little Titmouse to flutter and hop about in the wide world as best he could. The little documentary evidence of which Gammon, at his first interview with Titmouse, found him possessed, proved, at the trial, as Gammon had foreseen, of essential importance. The evidence in support of this part of the case, and which it took till two o'clock on the

ensuing afternoon to get through, was subjected to a most determined and skilful opposition by the AttorneyGeneral, but in vain. The case had been got up with the utmost care, under the excellent management of Lynx; and Mr Subtle's consummate tact and ability brought it, at length, fully and distinctly out before the jury.

"That, my lord," said he, as he sat down after re-examining his last witness, " is the case on the part of the plaintiff." On this the judge and jury withdrew, for a short time, to obtain refreshments. During their absence, the Attorney-General, Mr Sterling, Mr Crystal, and Mr Mansfield, might have been seen, with their heads all laid close together, engaged in anxious consultation-a group gazed at by the eager eyes of many a spectator whose beating heart wished their cause godspeed. The Attorney-General then withdrew for a few moments, also to seek refreshments; and returning at the same time with the judge, after a moment's pause, rose and opened the defendant's case. His manner was calm and impressive; his person was dignified; and his clear, distinct voice fell on the listening ear like the sound of silver. After an exceedingly graceful and simple allusion to the distinguished character of his friend and client, Mr Aubrey, to whose eminent position in the House of Commons he bore his personal testimony, and the magnitude of of the the inter interests now at stake, he proceeded -" On every account, therefore, I feel sensible, gentlemen, to an unusual and most painful extent, of the very great responsibility now resting upon my learned friends and myself; lest any miscarriage of mine should prejudice in any degree the important interests committed to us, or impair the strength of the case which I am about to submit to you on the part of Mr Aubrey: a case which, I assure you, unless some extraordinary mischance should befall us, will I believe annihilate that which, with so much pains and ability, has just been laid before you by my learned friend Mr Subtle, and establish the defendant in the safe possession of that large property which is the subject of the present most unexpected litigation. But, gentlemen, before proceeding so far as that, it is fitting that I should call your attention to the nature of the case set

up on the part of the plaintiff, and the sort of evidence by which it has been attempted to be supported; and I am very sanguine of success, in showing you that the plaintiff's witnesses are not entitled to the credit to which they lay claim; and, consequently, that there is no case made out for the defendant to answer." He then entered into a rigorous analysis of the plaintiff's evidence, contrasting each conflicting portion with the other, with singular force and cogency; and commenting with powerful severity upon the demeanour and character of many of the witnesses. On proceeding, at length, to open the case of the defendant-"And here, gentlemen," said he, “I am reminded of the observation with which my learned friend concluded that he was entirely ignorant of the case which I meant to set up in answer to that which he had opened on the part of the plaintiff. Gentlemen, it would have been curious, indeed, had it had been otherwise-had my friend's penetrating eye been able to inspect the contents of our strongbox-and so become acquainted with the evidence on which my client rests his title to the property. He has, however, succeeded in entitling himself to information on that point; and he shall have it and to his heart's content." Here Mr Subtle cast a glance of smiling incredulity towards the jury, and defiance towards the Attorney-General: he took his pen into his hand, however, and his juniors looked very anxious. " Gentlemen, I will now concede to him every inch of the case which he has been endeavouring to make out; that he has completely established his pedigree.Mind, gentlemen, I concede this only for the purpose of the case which I am about to lay before you." He then mentioned the conveyance by Harry Dreddlington of all his interests" "You forget that he died in his father's lifetime, Mr Attorney-General," interposed Mr Subtle, with a placid smile, and the air of a man who is suddenly relieved from a vast pressure of anxiety.

"Not a bit of it, gentlemen, not a bit of it 'tis a part of my case. My learned friend is quite right; Harry Dreddlington did die in his father's lifetime: but" Here Mr Subtle gazed at the Attorney-General with unaffected curiosity; and, when the latter came to mention "the Deed of Confirmation by the father of Harry Dreddlington," an acute observer might have observed a slight change of colour in Mr Subtle. Mr Quicksilver went on writing-for he was entirely out of his depth, and therefore occupied himself with thinking over an article he was writing for some political review. Mr Lynx looked at the Attorney-General as if he expected every instant to receive a musket-ball in bis breast.

"What, confirm' a nullity, Mr Attorney-General?" interrupted Mr Subtle, laying down his pen with a smile of derision; but a moment or two afterwards, "Mr Mortmain," said he, in a hasty whisper, "what do you think of this? Tell me in four words"- Mortmain, his eye glued to the face of the Attorney-General the while, muttered hastily something about-operating as a new grant as

a new conveyance.

"Pshaw! I mean what's the answer to it?" muttered Mr Subtle, impatiently; but his countenance preserved its expression of smiling nonchalance. "You'll oblige me, Mr Mortmain," he by and by whispered, in a quiet but peremptory tone, " by giving your utmost attention to the question as to the effect of this deed-so that I may shape my objection to it properly when it is tendered in evidence. If it really have the legal effect attributed to it, and which I suspect is the case, we may as well shut up our briefs. I thought there must be something or other in the background."

Gammon saw the real state of Mr Subtle's mind, and his cheek turned pale, but he preserved a smile on his countenance, as he sat with his arms folded. Quirk eyed him with undisguised agitation, scarce daring to look up at Mr Subtle. Titmouse, seeing a little dismay in his camp, turned very white and cold, and sat still, scarce daring to breathe. Snap looked like a terrier going to have its teeth pulled out. At length the Attorney-General, after stating that, in addition to the case which he had intimated, as resting mainly on the deed of confirmation, he should proceed to prove the pedigree of Mr Aubrey, sat down, having spoken about two hours and a half, expressing his conviction that when the defendant's evidence should have been closed, the jury, under his

Lordship's direction, would return a verdict for the defendant, and without leaving the jury-box, where, by their long and patient attention, they had so honourably acquitted themselves of the important duty imposed upon them by the constitution.

"James Parkinson!" exclaimed Mr Sterling, quietly but distinctly, as the Attorney-General sat down. "Do you produce," enquired Mr Sterling, as soon as the witness had been sworn, "a conveyance, specifying that by Harry Dreddlington to Moses Aaron," &c. It was proved and put in, without much opposition. So also was another the assignment from Moses Aaron to Geoffry Dreddlington.

"Do you also produce a deed between Harry Dreddlington the elder and Geoffry Dreddlington?" and he mentioned the date and names of all the parties. Mr Parkinson handed in the important document.

"Stay, stay; where did you get that deed, Mr Parkinson?" enquired Mr Subtle.

"From my office at Grilston, where I keep many of Mr Aubrey's titledeeds."

"When did you bring it hither?" "About ten o'clock last night, for the purpose of this trial."

"How long has it been at your office?"

"Ever since I fetched it, a year or two ago, with other deeds, from the muniment-room of Yatton Hall."

"How long have you been solicitor to Mr Aubrey?"

"For this ten years; and my father was solicitor to his father for twentyfive years."

"Will you swear that this deed was at your office before the proceedings in this action were brought to your notice?"

" I have not the slightest doubt in the world. It never attracted any more notice from me than any other of Mr Aubrey's deeds, till my attention was drawn to it in consequence of these proceedings."

"Has any one access to Mr Aubrey's deeds at your office but yourself?"

"None that I know of; I keep all the deeds of my clients that are at my office in their respective boxes, and allow no one access to them, except under my immediate notice, and in my presence."

Then Mr Subtle sat down. "My lord, we now propose to put in this deed," said the AttorneyGeneral, unfolding it.

"Allow me to look at it, Mr Attorney," said Mr Subtle. It was handed to him; and his juniors and Mr Mortmain, rising up, were engaged most anxiously in scrutinizing it for some minutes. Mortmain having looked at the stamp, sate down, and opening his bag, hastily drew out an old well-worn volume, which contained all the stamp acts that had ever been passed from the time of William the Third, when, I believe, the first of those blessings was conferred upon this, country. First he looked at the deed -then at his book-then at the deed again; and at length might be seen, with earnest gestures, putting Mr Subtle in possession of his opinion on the subject. "My lord," said Subtle, at length, "I object to this instrument being received in evidence, on account of the insufficiency of the stamp." He then mentioned the character of the stamp affixed to the deed, and read the act which was in force at the time that the deed bore date; and, after a few additional observations, sate down, and was followed by Mr Quicksilver and Mr Lynx. Then arose the Attorney-General, having in the meantime carefully looked at the Act of Parliament, and submitted to his lordship that the stamp was sufficient; being followed by his juniors. Mr Subtle replied at some length.

" I entertain some difficulty on the point," said his lordship, "and will consult with my brother Grayley." Taking with him the deed, and Mr Mortmain's Stamp Acts, his lordship left the court, and was absent a quarter of an hour-half an hour-three quarters of an hour; and at length

returned.

"I have consulted," said he, as soon as he had taken his seat, amidst the profoundest silence, "my brother Grayley, and we have very fully considered the point. My brother happens, fortunately, to have by him a manuscript note of a case in which he was counsel, about eighteen years ago, and in which the exact point arose which exists in the present case." He then read out of a thick manuscript book, which he had brought with him from Mr Justice Grayley, the particulars of

the case alluded to, and which were certainly precisely similar to those then before him. In the case referred to, the stamp had been held sufficient; and so he and his brother, Grayley, were of opinion was the stamp in the deed then before him. The cloud which had settled upon the countenances of the Attorney-General and his party, here flitted over to those of his opponents. "Your lordship will perhaps take a note of the objection," said Mr Subtle, somewhat chagrined. The judge did so.

"Now, then, we propose to put in and read this deed," said the AttorneyGeneral, with a smile, holding out his hand towards Mr Lynx, who was spelling over it very eagerly-" I presume my learned friend will require only the operative parts" - here Lynx, with some excitement, called his leader's attention to something which had occurred to him in the deed :-up got Quicksilver and Mortmain; and presently

"Not quite so fast, Mr Attorney, if you please," said Mr Subtle, with a little elation of manner" I have another, and I apprehend a clearly fatal objection to the admissibility of this deed, till my learned friend shall have accounted for an erasure"

"Erasure!" echoed the AttorneyGeneral, with much surprise-"Allow me to see the deed;" and he took it with an incredulous smile, which, however, disappeared as he looked more and more closely at the instrument; Mr Sterling and Mr Crystal also looking extremely serious.

"I've hit them now," said Mr Subtle, to those behind him, as he leaned back, and looked with no little triumph at his opponents. From what apparently inadequate and trifling causes often flow great results! The plain fact of the case was merely this. The attorney's clerk, in copying out the deed, which was one of considerable length, had written four or five words by mistake; and fearing to exasperate his master, by rendering necessary a new deed and stamp, and occasioning trouble and delay, neatly scratched out the erroneous words, and over the erasure wrote the correct ones. As he was the party who was entrusted with seeing to and witnessing the execution of the instrument, he of course took no notice of the alteration, and-see the result! The