That Mainwaring Affair

by A. Maynard Barbour

"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.