I was summoned to declare if I had, or had not, received from him the amount of my bill; and on my formal answer in the negative, the arbitrators of course said to us—
“Since you disagree as to facts, we cannot pronounce for one or the other; we must give our decision according to the wording of the bill. If it was endorsed, ‘Sum received in cash,’ Mr. Cooper is right; if not, he is wrong. Therefore, produce this bill.”
I wrote at once to my London banker to get an authentic copy; but before it arrived, the extension of time for the arbitration expired, and the arbitrators gave their decision. They cancelled the agreement concerning the larger interests, fixed Mr. Cooper’s disbursements at 4,169 francs 51; assigned him 3000 francs for his trouble,[15] and ended by making this order—
“We declare and decree that on Mr. Cooper returning the deeds, papers and all other effects, the Lady de Sternberg shall be under the obligation to pay him the sum of 7,169 francs 51; that Mr. Cooper, on payment of the said sum, shall return to her the two bills of £75 sterling each, unless their worth is deducted from the 7,169 francs 51.
“We reserve to both parties their respective rights as to the deduction, claimed by the Lady de Sternberg, of £200 sterling, the amount of the third bill received by Mr. Cooper.
“On the fulfilment by Lady de Sternberg of the above directions, we declare that she shall be freed from all obligations to Mr. Cooper arising out of the agreement of April 27, 1828.”
The execution of this judgment could present no difficulties except for that concerning the bill for £200 sterling, with which it could not deal.
A few days later the bill arrived; it was endorsed: “Sum received on my account from the testamentary executors of the late Lord Newborough”; and Cooper had sworn that it was endorsed, “Sum received in cash.”
The 5000 francs therefore ought to be deducted from the 7,169 francs 51. Cooper refused to deduct them; I proposed to him to submit this difficulty anew to the arbitrators, who, knowing the business in all its details, could decide on it at once.
An honest man would have gladly accepted this expeditious settlement; but our scoundrel, who had already seen his way to take advantage of his position, absolutely refused.