"Now, then, we propose to put in and read this deed," said the Attorney-General, with a smile of suppressed triumph, holding out his hand towards Mr. Lynx, who was scrutinizing it very eagerly—"I presume my learned friend will require only the operative parts to be read"—here Lynx, with some excitement, called his leader's attention to something which had occurred to him in the deed: up got Quicksilver and Mortmain; and presently—
"Not quite so fast, Mr. Attorney, if you please," said Mr. Subtle, with a little elation of manner—"I have another, and I apprehend a clearly fatal objection to the admissibility of this deed, till my learned friend shall have accounted for an erasure"——
"Erasure!" echoed the Attorney-General, with much surprise—"Allow me to see the deed;" and he took it with an incredulous smile, which, however, disappeared as he looked more and more closely at the instrument; Mr. Sterling, Mr. Crystal, and Mr. Mansfield also looking extremely serious.
"I've hit them now," said Mr. Subtle to those behind him, as he leaned back, and looked with no little triumph at his opponents—"Was there ever anything so lucky in this world before?" From what apparently inadequate and trifling causes often flow great results! The plain fact of the case was merely this. The attorney's clerk, in copying out the deed, which was one of considerable length, had written eight or ten words by mistake; and fearing to exasperate his master, by rendering necessary a new deed and stamp, and occasioning trouble and delay, had neatly scratched out the erroneous words, and over the erasure written the correct ones. As he was the party who was intrusted with seeing to and witnessing the execution of the instrument, he of course took no notice of the alteration, and—see the result! The ownership of an estate of ten thousand a-year about to turn upon the effect of this erasure!
"Hand me up the deed," said the judge; and inspected it minutely for a minute or two, holding it up, once or twice, to the light.
"Has any one a magnifying-glass in court?" inquired the Attorney-General, with a look of increasing anxiety. No one happened to have one.
"Is it necessary, Mr. Attorney?" said Lord Widdrington, handing down the instrument to him with an ominous look.
"Well—you object, of course, Mr. Subtle—as I understand you—that this deed is void, on account of an erasure in a material part of it?" inquired Lord Widdrington.
"That is my objection, my Lord," said Mr. Subtle, sitting down.
"Now, Mr. Attorney," continued the judge, turning to the Attorney-General, prepared to take a note of any observations which he might offer. The spectators—the whole court—were aware that the great crisis of the case had arrived; and there was a sickening silence. The Attorney-General, with perfect calmness and self-possession, immediately addressed the court in answer to this very critical and unexpected objection. That there was an erasure, which, owing to the hurry with which the instrument had been examined, had been overlooked, was indisputable. The Attorney-General's argument was, first, that the erasure was in a part not material; secondly, that even if in a material part of the deed, it would not be avoided, but the alteration would be presumed to have taken place before the execution of the deed.[[33]] It was easy to see that he spoke with the air of a man who argues contra spem. What he said, however, was pertinent and forcible; the same might be said of Mr. Sterling and Mr. Crystal; but they were all plainly gravelled. Mr. Subtle replied with cruel cogency.