The case was opened by one Mr. Steelyard, the junior counsel for the prosecution; but his work on this occasion was hardly more than formal. He merely stated the nature of the accusation against Lady Mason, and the issue which the jury were called upon to try. Then got up Sir Richard Leatherham, the solicitor-general, and at great length and with wonderful perspicuity explained all the circumstances of the case, beginning with the undoubted will left by Sir Joseph Mason, the will independently of the codicil, and coming down gradually to the discovery of that document in Mr. Dockwrath's office, which led to the surmise that the signature of those two witnesses had been obtained, not to a codicil to a will, but to a deed of another character. In doing this Sir Richard did not seem to lean very heavily upon Lady Mason, nor did he say much as to the wrongs suffered by Mr. Mason of Groby. When he alluded to Mr. Dockwrath and his part in these transactions, he paid no compliment to the Hamworth attorney; but in referring to his learned friend on the other side he protested his conviction that the defence of Lady Mason would be conducted not only with zeal, but in that spirit of justice and truth for which the gentlemen opposite to him were so conspicuous in their profession. All this was wormwood to Joseph Mason; but nevertheless, though Sir Richard was so moderate as to his own side, and so courteous to that opposed to him, he made it very clear before he sat down that if those witnesses were prepared to swear that which he was instructed they would swear, either they must be utterly unworthy of credit—a fact which his learned friends opposite were as able to elicit as any gentlemen who had ever graced the English bar—or else the prisoner now on her trial must have been guilty of the crime of perjury now imputed to her.
Of all those in court now attending to the proceedings, none listened with greater care to the statement made by Sir Richard than Joseph Mason, Lady Mason herself, and Felix Graham. To Joseph Mason it appeared that his counsel was betraying him. Sir Richard and Round were in a boat together and were determined to throw him over yet once again. Had it been possible he would have stopped the proceedings, and in this spirit he spoke to Dockwrath. To Joseph Mason it would have seemed right that Sir Richard should begin by holding up Lady Mason to the scorn and indignation of the twelve honest jurymen before him. Mr. Dockwrath, whose intelligence was keener in such matters, endeavoured to make his patron understand that he was wrong; but in this he did not succeed. "If he lets her escape me," said Mason, "I think it will be the death of me."
To Lady Mason it appeared as though the man who was now showing to all the crowd there assembled the chief scenes of her past life, had been present and seen everything that she had ever done. He told the jury of all who had been present in the room when that true deed had been signed; he described how old Usbech had sat there incapable of action; how that affair of the partnership had been brought to a close; how those two witnesses had thereupon appended their name to a deed; how those witnesses had been deceived, or partially deceived, as to their own signatures when called upon to give their testimony at a former trial; and he told them also that a comparison of the signatures on the codicil with those signatures which were undoubtedly true would lead an expert and professional judge of writing to tell them that the one set of signatures or the other must be forgeries. Then he went on to describe how the pretended codicil must in truth have been executed—speaking of the solitary room in which the bad work had been done, of the midnight care and terrible solicitude for secrecy. And then, with apparent mercy, he attempted to mitigate the iniquity of the deed by telling the jury that it had not been done by that lady with any view to self-aggrandisement, but had been brought about by a lamentable, infatuated, mad idea that she might in this way do that justice to her child which that child's father had refused to do at her instance. He also, when he told of this, spoke of Rebekah and her son; and Mrs. Orme when she heard him did not dare to raise her eyes from the table. Lucius Mason, when he had listened to this, lifted his clenched hand on high, and brought it down with loud violence on the raised desk in front of him. "I know the merits of that young man," said Sir Richard, looking at him; "I am told that he is a gentleman, good, industrious, and high spirited. I wish he were not here; I wish with all my heart he were not here." And then a tear, an absolute and true drop of briny moisture, stood in the eye of that old experienced lawyer. Lucius, when he heard this, for a moment covered his face. It was but for a moment, and then he looked up again, turning his eyes slowly round the entire court, and as he did so grasping his mother by the arm. "He'll look in a different sort of fashion by to-morrow evening, I guess," said Dockwrath into his neighbour's ear. During all this time no change came over Lady Mason's face. When she felt her son's hand upon her arm her muscles had moved involuntarily; but she recovered herself at the moment, and then went on enduring it all with absolute composure. Nevertheless it seemed to her as though that man who stood before her, telling his tale so calmly, had read the secrets of her very soul. What chance could there be for her when everything was thus known?
To every word that was spoken Felix Graham gave all his mind. While Mr. Chaffanbrass sat fidgeting, or reading, or dreaming, caring nothing for all that his learned brother might say, Graham listened to every fact that was stated, and to every surmise that was propounded. To him the absolute truth in this affair was matter of great moment, but yet he felt that he dreaded to know the truth. Would it not be better for him that he should not know it? But yet he listened, and his active mind, intent on the various points as they were evolved, would not restrain itself from forming opinions. With all his ears he listened, and as he did so Mr. Chaffanbrass, amidst his dreaming, reading, and fidgeting, kept an attentive eye upon him. To him it was a matter of course that Lady Mason should be guilty. Had she not been guilty, he, Mr. Chaffanbrass, would not have been required. Mr. Chaffanbrass well understood that the defence of injured innocence was no part of his mission.
Then at last Sir Richard Leatherham brought to a close his long tale, and the examination of the witnesses was commenced. By this time it was past two o'clock, and the judge went out of court for a few minutes to refresh himself with a glass of wine and a sandwich. And now young Peregrine Orme, in spite of all obstacles, made his way up to his mother and led her also out of court. He took his mother's arm, and Lady Mason followed with her son, and so they made their way into the small outer room which they had first entered. Not a word was said between them on the subject which was filling the minds of all of them. Lucius stood silent and absorbed while Peregrine offered refreshment to both the ladies. Lady Mason, doing as she was bid, essayed to eat and to drink. What was it to her whether she ate and drank or was a-hungered? To maintain by her demeanour the idea in men's minds that she might still possibly be innocent—that was her work. And therefore, in order that those two young men might still think so, she ate and drank as she was bidden.
On their return to court Mr. Steelyard got up to examine Dockwrath, who was put into the box as the first witness. The attorney produced certain documents supposed to be of relevancy, which he had found among his father-in-law's papers, and then described how he had found that special document which gave him to understand that Bolster and Kenneby had been used as witnesses to a certain signature on that 14th of July. He had known all the circumstances of the old trial, and hence his suspicions had been aroused. Acting upon this he had gone immediately down to Mr. Mason in Yorkshire, and the present trial was the result of his care and intelligence. This was in effect the purport of his direct evidence, and then he was handed over to the tender mercies of the other side.
On the other side Mr. Chaffanbrass rose to begin the battle. Mr. Furnival had already been engaged in sundry of those preliminary skirmishes which had been found necessary before the fight had been commenced in earnest, and therefore the turn had now come for Mr. Chaffanbrass. All this, however, had been arranged beforehand, and it had been agreed that if possible Dockwrath should be made to fall into the clutches of the Old Bailey barrister. It was pretty to see the meek way in which Mr. Chaffanbrass rose to his work; how gently he smiled, how he fidgeted about a few of the papers as though he were not at first quite master of his situation, and how he arranged his old wig in a modest, becoming manner, bringing it well forward over his forehead. His voice also was low and soft;—so low that it was hardly heard through the whole court, and persons who had come far to listen to him began to feel themselves disappointed. And it was pretty also to see how Dockwrath armed himself for the encounter,—how he sharpened his teeth, as it were, and felt the points of his own claws. The little devices of Mr. Chaffanbrass did not deceive him. He knew what he had to expect; but his pluck was good, as is the pluck of a terrier when a mastiff prepares to attack him. Let Mr. Chaffanbrass do his worst; that would all be over in an hour or so. But when Mr. Chaffanbrass had done his worst, Orley Farm would still remain.
"I believe you were a tenant of Lady Mason's at one time, Mr. Dockwrath?" asked the barrister.
"I was; and she turned me out. If you will allow me I will tell you how all that happened, and how I was angered by the usage I received." Mr. Dockwrath was determined to make a clean breast of it, and rather go before his tormentor in telling all that there was to be told, than lag behind as an unwilling witness.
"Do," said Mr. Chaffanbrass. "That will be very kind of you. When I have learned all that, and one other little circumstance of the same nature, I do not think I shall want to trouble you any more." And then Mr. Dockwrath did tell it all;—how he had lost the two fields, how he had thus become very angry, how this anger had induced him at once to do that which he had long thought of doing,—search, namely, among the papers of old Mr. Usbech, with the view of ascertaining what might be the real truth as regarded that doubtful codicil.