The affidavits read by the Attorney-General set forth a correspondence which had taken place between Mr. Titmouse's solicitor and Mr. Gammon, in which the latter insisted, in the most strenuous terms, upon the honorable engagement under which he conceived himself to be to Mr. Aubrey, and solemnly declared his belief that Mr. Aubrey was under a similar impression; at the same time, there were expressions in Mr. Gammon's letters, from which it was plain that he was aware of the right, in point of strict law, of Mr. Titmouse, to the documents in question. It also appeared from the affidavits of Mr. Titmouse, and was not denied by those of Mr. Gammon, that the former had repeatedly urged the latter to deliver up the notes, or commence proceedings against Mr. Aubrey—but that Mr. Gammon had, on all such occasions previous to the present one, succeeded in dissuading him from his purpose. It had, moreover, been alleged on behalf of Mr. Titmouse, that Mr. Gammon was acting in collusion with Mr. Aubrey to defeat the just claim of Mr. Titmouse; but this Sir Charles Wolstenholme indignantly disclaimed on the part of Mr. Gammon, whose conduct throughout showed the nicest sense of honor, and the utmost possible anxiety to interfere between an unfortunate gentleman and utter ruin. But,
"The Court, without calling on Mr. Subtle, (with whom were Mr. Goose and Mr. Mud,) said the rule must clearly be made absolute. The legal right of Mr. Titmouse to the notes was admitted by Mr. Gammon's own affidavit; and there was no pretence for holding that, as against Mr. Titmouse, Mr. Gammon, who was only one of that gentleman's attorneys, had any right to withhold the documents in question. No authority from Mr. Titmouse to Mr. Gammon to make the alleged representations to Mr. Aubrey, had been shown, and consequently that gentleman could in no way be bound by them. He was not even shown to have been aware of them. It was not pretended that Mr. Gammon, or any of his partners, had any lien on the notes, which must be therefore given up to Mr. Titmouse. With respect to the imputation against Mr. Gammon, of being in collusion with Mr. Aubrey, Lord Widdrington added, that from what his Lordship himself knew of Mr. Aubrey, it was impossible for a moment to imagine him capable of anything inconsistent with the strictest honor; and that Mr. Gammon's conduct showed that, though mistaken as to the extent of his power over the notes intrusted to him, he had acted from the purest motives, and evinced an honorable anxiety to serve the interests of one whom he believed to be unfortunate.—The rule was then made absolute; but on Mr. Subtle applying for the costs, the remainder of the day was occupied in an elaborate discussion upon the question—which, however, was eventually referred to the Master."
Nor was this all. The intelligent editor of the Morning Growl, happening to cast his eye over the above, while lying in proofs, made it the subject of an eloquent leading article, in which were contained many just and striking reflections on the continual inconsistency between law (as administered in England) and justice—of which the present—he said—was a glaring instance. It was truly lamentable—it seemed—to find truth and honor, generosity and justice, all sacrificed to the wretched technicalities, the petty quirks and quibbles, of the law—which required a radical reform. Indeed, the whole system of our jurisprudence called for the most searching revision, which, he hoped, would ere long take place. Then followed some powerful animadversions upon the conduct of Lord Widdrington, in giving effect to such pettifogging subterfuges as had that day served plainly to defeat the ends of justice; and the article concluded by calling upon us Lordship to resign his seat on the bench! and make way for a more liberal and enlightened successor, who would decide every case that came before him, according to the dictates of natural equity and common sense, without being trammelled by such considerations as at present fettered and impeded the due administration of justice. It did so happen, inter nos, that this same incompetent Lord Widdrington had called down upon himself and his court the foregoing philippic, by having imposed a smart fine upon the publisher of the Morning Growl, and super-added a twelvemonth's imprisonment, for an execrable libel upon an amiable and dignified ecclesiastic; and this, too, his Lordship had done, after overruling an almost interminable series of frivolous and vexatious technical objections to the proceedings, urged by the defendant's counsel, in conformity with the instructions which he had received, to take every possible advantage.
[CHAPTER VI.]
At the earliest moment at which Mr. Aubrey could, without suspicion, extricate himself from the embraces of his overjoyed wife, sister, and children, on his return to Vivian Street, he withdrew to his study, in order—professedly—to despatch some letters; but really to peruse the paper which had been given to him by Mr. Runnington, with such ominous significance. His eye soon caught the words "Ex parte Titmouse"—and he glanced over the above report of the proceedings, with exceeding agitation. He read it over twice or thrice, and felt really sick at heart.
"Oh, unfathomable Gammon!" he exclaimed at length, aloud, laying down the paper, and sinking into his chair. "Surely I am the weakest, or you the subtlest of mankind!" He turned over in his thoughts everything that he could recollect of Gammon's conduct, from the first moment that they had met. He felt completely baffled and bewildered. Again he perused the report of the proceedings in the King's Bench—and would have again relapsed into thought; but his eye happened to alight on two or three notes lying on his table, where they had been placed by Fanny, having come in his absence. He opened the first listlessly, not knowing the handwriting; but, on unfolding it, he started violently on recognizing that of Gammon, within; and with mingled wonder and fear, read as follows:—