And with these words she went away, leaving the trustees in as great a difficulty as ever. Nor had she been long gone when a man of the name of Marshall, the procurator who had taken up the case of the first Helen, entered and said, “he had got evidence to show that a neighbour, who had been present at the last interview between the elder and his client, had heard the worthy man declare, that he had been moved to pity by her age and poverty, and had promised to do something for her, to enable her to pass her remaining years in comfort.”
“But,” said the agent, “there is, I am sorry to say, another Helen in the field; and you must drive her off before we can pay your client the money.”
“And I know who she is,” was the answer. “That woman’s word is not to be relied upon; for she is what she is.” And then he added, “I am determined to see justice done to my client—who, at least, is an honest woman.”
“Now you see, gentlemen,” said Mr Crawford, after the first Helen’s agent had departed—“you see how this extraordinary affair stands. The two claimants are determined to fight it out: so that, if you pay the money to the good woman, you will, as I said before, run a risk of being obliged to pay the other one afterwards out of your stipends.”
“Our stipends are the holy tenths, set apart to the work of the Lord from the beginning of the world,” answered the brethren, “and cannot be touched, except by sacrilegious hands!”
“Then,” continued the agent, “there is only one thing we can do; and that is, to throw the case into court by what we call a multiplepoinding, and let the claimants fight against each other.”
A proposition this to which the trustees felt themselves bound to agree, though with very much reluctance; for they saw that the case would become public, and there would be ill-disposed people that would be inclined to put a false construction upon the motives of the worthy elder of Trinity. But then, to comfort them, they felt assured that the story of the toes was a pure invention; and the elder being buried, there was no possibility of proving the same.
Whereupon the meeting separated. Next day Mr Crawford commenced his law proceedings; and in due time, a record having been prepared, the advocates behoved to plead the causes of their respective clients.
Then stood up Mr Anderson, the advocate of the first Helen, and said:—
“Your lordships must see that—if you lay out of view as a mere invention, which it is, the story of the six toes—the preponderance of the evidence lies with my client. There is a psalm-book in each case; but mine has the name of the testator to the inscription: and you have, in addition, the testimony of one respectable person who heard Mr Gebbie declare his intention to enable this poor old woman to live. On the other side you have no evidence whatever that the elder ever set his foot—corns or no corns—on the floor of the Helen secunda. There was no such footing of intimacy as that contended for on the other side; and that I am justified in calling the story of the six toes an invention will appear when I say that, according to the authority of learned men, a lusus naturæ of this kind does not occur once in ten thousand births: so that it is ten thousand to one against the assumption. In addition, there is the character of the deceased, whose whole life and conversation are against the presumption that he would go to Leith Wynd, and get a woman of doubtful character to operate upon a foot of which he is said to have been ashamed. For all which reasons I claim the three hundred pounds for my client.”