CHAPTER XX
OPENING FIRE
The first witness called to the stand by Mr. Sutherland was JamesWilson. There were many present who noted the resemblance betweenhim and his son, John Wilson, who had given testimony at theinquest, though unaware of the relationship between them.
"Mr. Wilson," said the attorney, after the usual preliminaries, "Iunderstand you were for a number of years in the employ of RalphMaxwell Mainwaring, the testator whose name is affixed to this will;is that so?"
"Yes, sir," was the reply, while the attention of the crowd was atonce riveted upon the witness.
"Will you state how long you were in his employ, and in whatcapacity?"
"I was his valet, sir, from his twenty-fifth year until the day ofhis death, a little above thirty-five years, sir; and during hislast illness, of about three months, I was with him constantly,you might say, sir."
"Do you recognize the document just read in your hearing as anythingwhich you have heard before?"
"That I do, sir."
"State when and under what circumstances you have previously heardit."
"At the death-bed of Mr. Ralph Mainwaring, sir, twenty-five yearsago the seventeenth of last November. I was present at the makingof that will, sir, the night before Mr. Mainwaring died. I heardhim give those words to the lawyer, and then heard them read tohim before the will was signed."
"By whom was it drawn?"
"By Richard Hobson, sir; the man sitting there," pointing to theshrinking figure of Hobson.
"Do you positively identify that man as the writer of this will?"
"That I do, sir," with marked emphasis; "when one once sets eyeson the likes o' him, he's not likely to forget him soon."
"Was Richard Hobson the attorney of Mr. Mainwaring?"
"Ah, no, sir," with evident scorn; "his attorney was Mr. AlfredBarton, the father, sir, of this gentleman," indicating the Englishbarrister, while the interest of the crowd deepened.
"How, then, was this man employed to draw the will?"
"Mr. Barton was out of town, sir; and as Mr. Mainwaring was dyingand naught would satisfy him but to have a lawyer, they brought Mr.Barton's clerk."
"State the circumstances under which this will was drawn; was Mr.Mainwaring influenced by any one to make it?"
"He was influenced by none but his own conscience, sir. You see,sir, three or four years before, he was very angry with his elderson, and cut him off without a shilling and gave everything to Mr.Hugh. But it broke his heart to do it, for Mr. Harold was hisfavorite, as indeed he was everybody's, though he never mentionedhis name again until the night he made the will. Well, sir, allthat day we knew he was dying, and he knew it, and he was restlesstill late at night, when of a sudden he tells us to get his lawyer.Mr. Hugh tried to put him off, and told us his mind was wandering;but 'twas no use; and the carriage was sent for Mr. Barton, andwhen word was brought back that he was out of town, it was sentagain and brought back his clerk. Everything was all ready, andhe was propped up in bed by pillows, his eyes burning as though therewas fire in them. He repeated those words while the lawyer wrotethem down, and then had them read to him, and at fifteen minutesof twelve o'clock the will was signed and sealed."
"You were present during the drawing up of the will?"
"Yes, sir, I was present through it all, but not where the otherssaw me. When the lawyer came, Mr. Hugh told me to leave the room;but as I was going his father called me back and bade me stay,and I was standing at the foot of the bed, hidden by the curtainsof the canopy, so none but the old gentleman saw me."
"Who else was present?"
"Mr. Mainwaring's old friend, Sandy McPherson, Mr. Hugh, and thelawyer."
"No one else? Were there no physicians present?"
"There were physicians in the house, sir, but not in the room."
"How long did Mr. Mainwaring live afterwards?"
"He died at five o'clock the next morning, sir; his strength wentfast after that was done, but he rested easy and seemed satisfied."
"What was done with the will?"
"Mr. Hobson took it away with him that night."
"Have you ever seen it since?"
"No, sir."
"Mr. Wilson," said the attorney, showing the witness the will, "canyou swear to these signatures as being the same which you saw affixedto the will upon that night?"
Wilson studied the document attentively for a moment. "Yes, sir,that is Mr. Mainwaring's writing, only a bit unsteady, for his handtrembled. McPherson's writing I know, and you mark that blot afterhis name? I remember his fussing that night because he had blottedthe paper."
"And the third name, is that the signature of this man, RichardHobson?"
"I know naught about that man's writing," the old fellow replied,with a shrewd look; "but you will mind that the name is the samewriting as the will itself, and he wrote that and signed his nameto it, for I saw him."
"And you have neither seen that will, nor heard it read until thismorning?"
"No, sir."
"You have remembered it all these years?"
"Maybe not word for word, sir, but I have kept the sense of it inmy mind."
"Are you positive that this is the will drawn up on the night ofwhich you speak?"
"That I am, sir."
"Did you ever speak to any one of this will?"
"To none but my son, sir. Mr. Hugh Mainwaring was that sort of aman, I could not speak to him about it, or ask about his brother.I asked to be allowed to stay about the old place in hopes that someday Mr. Harold would come back to have a look at his old home, andI could tell him of it, for I thought things had not gone rightaltogether. Then we heard of his death, and I thought it was toolate; I could do no good by speaking, and I held my tongue untilthe young gentleman came."
Wilson was then dismissed and Hobson was next called to the stand.More even than the reading of the old will, the truth which haddawned upon Hobson's mind as he met the piercing gaze of thesecretary, had convinced him that the position which he had intendedto assume, adverse to the new claimant and as an ally of RalphMainwaring's, was neither politic nor safe. His views on thatsubject had undergone a decided change, and, with his usualweathervane proclivities, he was now preparing to take a totallydifferent stand and strive to ingratiate himself into the favor ofthe new heir, at the same time leaving, if possible, a few loop-holesthrough which he could retreat, should some veering wind change hiscourse in another direction.
"Mr. Hobson," said the attorney, somewhat abruptly, when thenecessary preliminaries were over, "did you on the night of November17, 18-, act as attorney for Ralph Maxwell Mainwaring, in the drawingup, at his request, of his last will and testament?"
"I believe so, sir," was the guarded answer.
"Did you or did you not?" Mr. Sutherland persisted.
"I did, sir."
"Have you, during all these years, had any knowledge that the willyou drew under the circumstances already mentioned was still inexistence?"
After a slight pause, the witness replied, "I had no positiveknowledge to that effect."
"Did you believe the will to be in existence?"
Hobson reflected a moment, then replied, cautiously, "I was led tosuppose that the will did not exist."
"You remember the form, terms, and conditions of the document drawnby yourself on that occasion?"
"I do, perfectly," he replied, with more assurance.
"State whether the will read in your hearing this morning isidentical with the one drawn by yourself."
Hobson now saw the drift of the attorney's questions, but it was toolate.
"As near as I can recollect," he stammered, but a word from Mr.Sutherland recalled him.
"You just said you remembered perfectly."
"I believe they are identical in form."
"Mr. Hobson," said the attorney, spreading out the document beforethe witness, but still retaining his hold upon it, "will you stateto the court whether that is your writing, and whe
ther the last name,that of the second witness, is your signature."
With great precision, Hobson adjusted a pair of eyeglasses andproceeded to scrutinize the writing closely. "Well," he remarked,at length, very deliberately, "I do not deny that to be my writing,nor am I prepared to positively affirm that it is such. The factis, my chirography varies so much from time to time that I oftenfind it difficult for me to verify my own signatures."
"Here are some papers which may assist the gentleman, and may be ofsome use to the court," said a deep voice with rich, musicalinflections, but slightly tinged with sarcasm, and the Englishattorney handed a small package to Mr. Sutherland. "They contain,"he added, "some specimens of the witness's chirography of about thesame date as the will."
"The writing in both cases is identical," said Mr. Sutherland, as,having examined the papers, he showed them to Hobson, but a glanceat their contents seemed rather to confuse the witness thanotherwise, for he remained silent.
"Do you acknowledge these letters to be of your writing?" inquiredthe attorney.
"I do, sir; and I have no doubt but that the other is my writingalso."
"You acknowledge this, then, as the will which you wrote at thedictation of Ralph Maxwell Mainwaring the night before his death?"
"I believe it is, sir."
"Mr. Hobson, why was this will not make public following Mr.Mainwaring's death and burial?"
"On the day after his death, I gave it into the keeping of his son,Hugh Mainwaring, at his own request, and he afterwards gave me tounderstand that it was lost."
"And you were paid for keeping silent as to the existence of sucha will, were you not?"
"I may have been," the witness replied, with a calmness born ofdesperation.
"That is sufficient for the present."
A few moments followed in which the attorneys consulted together,while comments in tones of subdued excitement and expectancy wereexchanged among the crowd. Ralph Mainwaring had sat with darkeningface throughout the testimony thus far; now he remarked to Mr.Whitney, with a bitter sneer,--
"Fine witnesses! A beggarly shyster whose oath is worthless, andan imbecile old servant, who could be bought for a half-crown!"
Young Mainwaring turned upon his father a look of indignant surprise."Governor," he said, "it would not be well for you if either oldJames Wilson or his son heard that remark of yours!"
"It will be well for you to attend to your own business and keepyour mouth shut!" responded his father, angrily.
Beneath the calm exterior which the young man preserved, the oldMainwaring blood was now fast rising, but he made no reply, for atthat instant Mr. Sutherland announced the name of the next witness:
"Harold Scott Mainwaring!"
There was a sudden hush throughout the court-room, broken an instantlater by a low murmur of mingled astonishment, incredulity, andwonder as the private secretary rose and walked towards the witnessstand. A few comments reached his ears, but he seemed unconsciousof them, and, having taken his place, turned towards the audience aface cold and impassive, inscrutable to his enemies, who could readnothing of the conflicting emotions beneath that calm, immobilesurface.
He saw the crowd of upturned faces--incredulous, wondering, curious;he caught the mocking smile of Mrs. LaGrange and Ralph Mainwaring'sdark, sinister sneer; but he took little note of these. Like anarrow speeding to the mark, his glance sought the face of young HughMainwaring. Their eyes met, and in that brief moment there wasrecalled to each a starlit night on one of the balconies at FairOaks, and the parting words of young Mainwaring to the secretary,"I'm your friend, Scott, and whatever happens, I'll stand by you."
With swift intuition each read the other's thought, and, althoughthere was no outward sign, Harold Mainwaring knew from that instantthat there would be no retraction of that pledge.
The slight ripple of excitement died away while the witness wassworn, and the crowd listened with interest even to the preliminaryinterrogatories.
"Where were you born?" asked the attorney.
"In Melbourne, Australia," was the reply, while deep silence awaitedMr. Sutherland's next question.
"Mr. Mainwaring, I believe you are familiar with the will just read,are you not?"
"I am."
"Please state when, and under what conditions, you gained yourknowledge of this will."
"I first learned that such a will had existed and knew its generalterms, between five and six years since, through information givenme by James Wilson. From data found a little over a year ago amongthe personal letters of the deceased Hugh Mainwaring, I ascertainedthat the will was still in existence, and on the 7th of July lastI discovered the document itself and became personally familiar withits contents."
At the mention of the name of Hugh Mainwaring and of the date soeventful in the recent history of Fair Oaks, the interest of thecrowd deepened.
"Did you discover the document accidentally, or after special searchfor it?"
"As the result of a systematic search for more than a year."
"Please state whether you took any steps leading to the discoveryof this will during the four or five years immediately followingyour first knowledge of it; and if so, what?"
"As I first learned of the will soon after entering Oxford, mystudies necessarily occupied the greater part of my time for thenext three or four years; but I lost no opportunity for gaining allpossible information relating not only to the Mainwaring estate,but more particularly to Hugh Mainwaring and his coadjutor, RichardHobson. Among other facts, I learned that immediately after thesettlement of the estate, Hugh Mainwaring had disposed of the sameand left England for America, while about the same time RichardHobson suddenly rose from a penniless pettifogger to a position ofaffluence.
"As soon as my studies were completed, I sailed for America, withthe avowed determination of securing further evidence regarding thewill, and of establishing my claim to the property fraudulentlywithheld from my father and from myself. In the securing of thenecessary evidence I succeeded beyond my expectations. As HughMainwaring's private secretary, I gained access to the files ofhis personal letters, and soon was familiar with the entirecorrespondence between himself and Richard Hobson, from which Ilearned that the latter demanding and receiving large sums ofmoney as the price of his silence regarding some past fraudulenttransaction. The nature of that transaction, I ascertained inthis marginal note, in Hugh Mainwaring's handwriting, upon one ofHobson's letters which happened to be more insolent in its tonethan the rest. With the permission of the court I will read it:
"'He insinuates that I destroyed the will; I only gave him tounderstand that it was lost. Little he dreams it is still in mypossession and will be, until such time as I, too, have to makefinal disposition of my estate! Why I did not destroy it, or whyI do not, now that the property is rightfully mine, I cannot say,except that I dare not! "Thus conscience does make cowards of usall?"'
"With the discovery of these words," concluded the witness, "beganmy search for the will itself."
"From the discovery of this letter which led you to believe the willwas still in existence, you prosecuted your search for the documentuntil the 7th of last July?"
"Yes, sir, whenever an opportunity for search was offered."
"Where did you finally find the will?"
"In the safe, in Mr. Mainwaring's private apartments at Fair Oaks."
"On July 7 last?"
"Yes, sir."
"That was the day on which you, acting as Hugh Mainwaring's secretary,had drawn, at his dictation, his last will and testament, was it not?"
"It was."
"Mr. Mainwaring," said the attorney, deliberately, his eye quick toread the faces about him, "is there in your mind any connectionbetween that event and your discovery of this will?"
"Only the most indirect," was the reply, given with equaldeliberation. "The fact that Hugh Mainwaring was making finaldisposition of his property naturally spurred me on to increasedaction, since, in making final adjustme
nt of his papers, he wouldbe more than likely to destroy the old will. This incentive,together with the fact that opportunity was given me for a morethorough search than I had been able to make prior to that time,combined to bring about the discovery of the will."
"Please state the time and circumstances of your finding it."
"I found it late in the afternoon, while Mr. Mainwaring and hisguests had gone for a long drive. I determined to leave no placeunexplored where it could possibly be concealed; after about anhour's search I found it."
"What did you then do with it?"
"I retained it in my possession, and at the earliest opportunitysecreted it within my own room."
"It was in your possession during the following evening and night?"
"It was."
"Mr. Mainwaring," said Mr. Sutherland, with marked emphasis, "pleasestate whether you mentioned to Hugh Mainwaring the discovery of thewill, or had any conversation with him relating thereto."
"I made no mention of the matter to him whatever. Except for a fewmoments, immediately upon his return, I did not see him alone untilabout midnight, when he appeared fatigued, and I would not introducethe subject at a time so inopportune."
After a slight pause, Mr. Sutherland continued. "You claim to bethe lawful son of the Harold Scott Mainwaring mentioned in this will,and as such the lawful heir, under its terms and conditions, of theMainwaring property?"
"I do."
"Has it not been generally understood among those supposed to haveknowledge of the facts in the case that Harold Scott Mainwaring, atthe time of his death, had no living child?"
"That has been the general understanding."
"Will you explain how the fact of your existence has been keptconcealed all these years?"
The silence following the attorney's question was so deep as to beoppressive until broken by the answer of the witness, clear, cold,and penetrating to the remotest corner of the crowded room.
"Within an hour from my birth, a dead child was substituted in myplace, and I was secretly given by my father into the keeping oftrusted friends, with instructions that until I had nearly attainedmy majority I was not even to know of his existence, or of therelationship existing between us."
"Mr. Mainwaring," said the attorney, "are you willing to state thereasons for such an extraordinary proceeding on his part?"
For the first time the impassive bearing and the calm, even tonesof the witness gave way; the smouldering fire in his dark eyes burstforth, as with impassioned utterance and voice vibrating with emotion,he replied,--
"It was done because of sorrow, more bitter than death, in his ownheart and home, of which he wished me to know nothing until I hadreached the years of manhood and could understand the nature of hiswrongs; it was done that I should be forever barred from allassociation with, or knowledge of, the base, false-hearted woman whobore his name only to dishonor it,--who, though she had given me;birth, yet believed me dead,--that I might live as ignorant of herexistence as she of mine; it was done because of his love for hisonly child, a love for which I would to-day gladly suffer dishonorand even death, if I could but avenge his wrongs!"
Only Harold Mainwaring's attorneys understood the spirit whichprompted his words, but they carried his audience with him in asudden wave of sympathy, and as he paused, men applauded and womensobbed, while the judge vainly rapped for order.
One figure alone remained motionless, spellbound. Amid the generalexcitement, Mrs. LaGrange sat as though turned to stone, her handsclasped so tightly that the jewels cut deeply into the delicateflesh, every vestige of color fled from her face, her lips ashen,her eyes fixed upon the witness, yet seemingly seeing nothing.Gradually, as she became conscious of her surroundings and of thecurious glances cast in her direction, she partially recoveredherself, though her eyes never left the face of the witness.
"Mr. Mainwaring," continued the attorney, when order had beenrestored, "when and how did you first learn that you were the sonof Harold Scott Mainwaring?"
"My first knowledge regarding my own father I received at the age offifteen from my foster-parents, who told me of the manner in whichI had been given to them and of the death of my father a few yearslater; but the full particulars I did not learn until my twenty-firstbirthday, when I received a letter written by my father soon aftermy birth, and intrusted to the keeping of my foster-parents until Ishould have attained my majority. In that letter he gave me thestory of his life, of his marriage and consequent disinheritance,and of the yet greater sorrow which followed shortly, which led himto voluntarily exile himself from his beloved England, and whichfinally led to his sacrifice of the love and companionship of hisonly child."
As Harold Mainwaring paused, Mr. Sutherland remarked, "I, myself,have seen the letter to which the witness refers, but I consider itof too personal a nature and too private in character to submit forexamination. I will say, however, that both my honored colleague,Mr. Barton, and myself have compared it with other letters anddocuments known to have been written by Harold Scott Mainwaring, theelder son of Ralph Maxwell Mainwaring, and have found the writingin all cases identically the same. There is yet one more questionwhich may have a bearing later upon this case, which I will ask thewitness. Mr. Mainwaring, have you, during this time, received anyclue regarding the identity of your mother, or is that still unknownto you?"
With great deliberation, the witness replied, "Until within the pastthree or four days, I have known absolutely nothing regarding eventhe name of the woman whom my father made his wife, or whether shewere still in existence. I have recently learned, however, that sheis living, and," he added, more slowly, "I know that she is presentin this court-room."
It was afterwards recalled that, as the witness resumed his seat, acurious sound, something between a gasp and a sob was heard, butamid the tremendous sensation produced by his last statement it passedunnoticed.
With very little delay, Mr. Sutherland announced the name of the lastwitness,--
"Frederick Mainwaring Scott!"
Again the silence deepened as the white-haired gentleman, with greatdignity, took his place upon the stand. His heavy, sonorous tonesrang out over the court-room, while from time to time the piercingeyes beneath the beetling, snow-white brows sought the face of RalphMainwaring with their silent but unmistakable challenge. At thefirst sound of his voice, Mrs. LaGrange's agitation increasedperceptibly; her expression changed to abject terror, yet she seemedunable to move or to withdraw her gaze from his face.
To the question, "Where were you born?" the witness replied, "I wasborn in London, but for the past forty-five years have been aresident of Melbourne, Australia."
"Are you not connected with the Mainwaring family?"
"Distantly. The Scott and Mainwaring families have intermarried formany years, but I have waived all claims of relationship for nearlyhalf a century."
"Were you acquainted with the Harold Scott Mainwaring mentioned inthis will?"
"Intimately acquainted with him, as we were associated together inbusiness during his entire stay in Australia."
"In what business were you engaged?"
"In the sheep business, principally; we were also interested in themines."
"For how long a time were you associated together?"
"Six years, or thereabouts."
"Mr. Scott, you are the foster-father of Harold Scott Mainwaringwho has just preceded you upon the witness stand, are you not?"
"I am, and have been from the day of his birth."
"Will you state the circumstances under which you became hisfoster-parent?"
"Harold Scott Mainwaring, the elder son of Ralph Maxwell Mainwaring,came to Australia within a year after the marriage for which he wasdisinherited. His reason for leaving England was not, as many havesupposed, on account of his father's severity, but because of thediscovery of his wife's infidelity after all that he had sacrificedfor her. He brought her to Australia in the vain hope that, removedfrom other influences--the influence of his o
wn brother, inparticular,--she would yet prove true to him. Within the followingyear, his son was born; but before that event he had fully learnedthe character of the woman he had married, and he determined that nochild of his should be disgraced by any knowledge of its mother, orcontaminated by association with her. To my wife and myself heconfided his plans, and, as we had no children of our own, he pledgedus to the adoption of his child while yet unborn. An old and trustednurse in our family was also taken into the secret, but not thephysician employed on that occasion, as he was a man of no principleand already in league with the false wife against her husband. Whenthe child was born, Mrs. Mainwaring was very ill and the babe receivedcomparatively little notice from the attendant physician. A deadchild, born but a few hours earlier, was therefore easily substitutedfor the living child of Harold Mainwaring, while the latter wassecretly conveyed to my own home.
"A few weeks later, the child was privately christened in a smallchurch on the outskirts of Melbourne and the event duly recordedupon the church records. He was given his father's name in full,Harold Scott Mainwaring, but until his twenty-first birthday wasknown among our acquaintances as Harry Scott, the same name bywhich he has been known in your city while acting as privatesecretary to Hugh Mainwaring."
"Are you familiar with the letter written by Harold Mainwaring tohis son?"
"Perfectly so; he gave it into my keeping on the day of thechristening, to be given to his son when he should have reachedhis majority, if he himself had not, before that time, claimedhim as his child."
"You can then vouch for its genuineness?"
"I can."
"How long a time elapsed between the birth of this child and thedeath of Harold Mainwaring, the father?"
"About five years. He left his wife soon after the birth of thischild and spent the greater part of his time at the mines. Hefinally decided to go to the gold fields of Africa, and a fewmonths after his departure, we received tidings of the wreck ofthe vessel in which he sailed, with the particulars of his deathat sea."
"Mr. Scott, did you ever hear of the existence of this will?"
"Not until the boy, Harold, learned of it, soon after he enteredOxford."
"Do you know how he first heard of it?"
"He heard of it from Wilson, one of the old servants on theMainwaring estate, who recognized in him a resemblance to RalphMaxwell Mainwaring, and, learning of his identity, told him thehistory of the will."
"You have been kept informed of his search for the will and ofits final discovery?"
"From the first; and though the boy has a good bit of money in hisown name, I will back him in getting his rights to the very lastpound in my possession, and that," he added, while his dark eyesflashed ominously, "will outlast the bank-roll of any that can goagainst him."
"Have you any further direct evidence which you can produce insupport of the identity of the claimant?"
"I have," the witness replied, and having taken from his pocket alarge memorandum book and extracted therefrom a paper, he continued,with great deliberation,--
"I have here a certified copy of the record of the christening, atthe church of St. Bartholomew, on June 24, 18-, of Harold ScottMainwaring, the first-born son of Harold Scott and Eleanor HoughtonMainwaring."
A piercing shriek suddenly rang out through the hushed court-room,and the crowd, turning involuntarily at the familiar name ofEleanor Houghton Mainwaring towards the seat occupied by Mrs.LaGrange, saw that wretched woman sink, with a low, despairing moan,unconscious to the floor. As several sprang to the assistance ofthe unfortunate woman, Mr. Scott, turning swiftly towards thejudge, exclaimed,--
"There, your honor, is a most unwilling witness, but one who hasvery effectively confirmed my testimony!"
The greatest confusion followed, several women having fainted fromnervous excitement, and, as it was then nearly noon, the courtadjourned until the afternoon session.