"I admit on behalf of Mr. Harmer that the document which has just been read is the last testament of the late Mr. Edward Harmer; of that no question can I suppose arise. By the terms of that will he bequeathes the whole of his property to his brother Robert, subject to the payment of the legacies to the Misses Harmer. In the event of Robert not surviving him, he makes other dispositions of his property. These it is not necessary to enter into, as that contingency has not arisen. For, gentlemen, I am in a position to prove to you that Mr. Robert Harmer did survive his brother; he, therefore, under the will, came into possession of the property, and as Mr. Robert Harmer has unfortunately died intestate, at least so I presume, Mr. Herbert Harmer, as heir-at-law, of course inherits the estate."
As Mr. Ransome spoke he moved to the door, opened it and called to some one who was waiting in the hall, and Robert Althorpe entered with his hat in his hand. No one moved, no one spoke, a stupor of blank dismay had fallen upon all present. Their faces, which when the will was read, were bright with irrepressible exultation, now expressed the deepest consternation. They could hardly believe that the prize which they had made so sure of was about to be snatched from their grasp.
"This," Mr. Ransome said, "is Robert Althorpe, the sailor who had charge of the little yacht belonging to the late Mr. Harmer, and who was the sole survivor of those who embarked in her. Miss Harmer knows that this is correct. Be so good, my man, will you, as to tell these ladies and gentlemen what you told me relative to the death of the Mr. Harmers.
"Well ladies, and your honours," the sailor said, "when I felt the boat go over I stuck to her, and never left go. I soon got my head above water, and clambered on to her bottom. I had hardly got my breath, before I saw a head come out of the water close by me. I held on to the keel with my hook, leaned over, and caught him by the hair, and helped him on to the boat beside me. That was Mr. Robert Harmer. I looked round again, and thought I saw an arm come up for a moment, but that was all I saw of any of them, and I don't think one of them ever came up after she upset. Mr. Robert Harmer was very weak, but he clung with me for nigh ten minutes, sometimes washed nearly off, and getting weaker and weaker every minute, and I saw he could not last long. We did not speak, the waves and the wind were too high, and we were half the time under water; but I could see the poor gentleman was praying very hard. At last a big wave came over all, and nearly carried me off, and I had a hard fight to get back again. When I had time to look round, Mr. Robert Harmer was gone, and that was the last I ever saw of him. Which I am ready to take my davy."
When the sailor had done there was another long silence, and then Mr. Ransome said,—
"This, gentlemen, is perfectly conclusive proof that Mr. Robert Harmer survived his brother, and would be held so in any court of law. It is, I have no question, a surprise to you, as it is to my client, Mr. Harmer; indeed, it is only within the last hour that I have been put in possession of the fact; I am sure, therefore, that Mr. Harmer will not wish to force upon you any sudden decision; but I would submit to you that no question can arise either in the point of law or fact. I would suggest to him that he should retire for an hour and then return for your answer. In the meantime, merely as a matter of form, I have placed a person in the hall to keep possession of the place in the name of Mr. Herbert Harmer, as heir-at-law to his brother the late Mr. Robert Harmer. The sailor will remain here, and you can interrogate him further on the subject."
So saying, and bowing to those present, who had not yet recovered sufficiently from their dismay to utter a word, he took the almost stupefied Mr. Harmer by the arm and left the room.
After they had gone there was a long and animated debate; but the conclusion at which they most reluctantly arrived, under the advice of the lawyer who had drawn up the will, was, that there was at present nothing to do, but to leave Mr. Herbert Harmer in possession, and then, if upon deliberation and further advice it should be thought right to bring the case to trial, to do so. And so they all went away, and Mr. Harmer took possession of the home of his father; but not immediately, for his sisters asked him to leave them a week to make their arrangements. He begged them to stay there as long as they wished, and indeed pressed them to make it their home. This, however, they refused to do. By the will of their brother they were amply provided for, and they intended to travel, and perhaps finally to enter a religious house on the Continent.
So in a week the old house was empty, and Herbert Harmer entered it as undisputed master.