Words for the Wise

by T. S. Arthur

"I do it from principle," was replied. "I find, on examining the whole matter, that your grandfather and the father of Mr. Tomlinson, while in possession of their respective estates, in view of the difficulty there was in settling the precise title of the tract of land, agreed to an equal division of it, which was done in honour and good faith, and I do not think their heirs, on either side, have any right to disturb the arrangement then made."

"I did not ask you to judge the case, but to present it for judgment," said Allison, greatly offended. "You may, perhaps, be sorry for this."

Another member of the bar, less scrupulous about the principles involved in a case, readily undertook the matter; and as the fee, if he proved successful, was to be a large one, opened it immediately.

When Mr. Tomlinson received notice of the fact that this long-settled dispute was again to be revived, he was thrown into a fever of alarm and indignation. The best counsel that could be employed was obtained, and his right to the whole thousand acres vigorously maintained. After a year of delays, occasioned by demurrers, allegations, and all sorts of legal hinderances, made and provided for the vexation of clients, the question came fairly before the court, where it was most ably argued on both sides for some days. When the decision at length came, it was adverse to Mr. Tomlinson.

An appeal was entered, and preparations made for a more vigorous contest in a higher court. Here the matter remained for over a year, when the decision of the first tribunal was confirmed.

Two years of litigation had made sad work with old Mr. Tomlinson; he looked at least ten years older. The same signs of decay appeared in every thing around him; his fields remained uncultivated, the fences were broken down, and cattle strayed where once were acres of grain or other rich products. Slaves and stock had been sold to meet the heavy expenses to which this suit had subjected him, and every thing seemed fast tending towards ruin. Once or twice during the period, Denton again approached him on the subject of Edith, but the proud old aristocrat threw him off even more impatiently than at first.

Edith, too, had changed during this time of trouble; she was rarely seen abroad, and received but few visitors at home. No one saw her smile, unless when her father was present; and then her manner was cheerful, though subdued. It was clear that she was struggling against her own feelings, in the effort to sustain his. Her father had extorted from her a promise never to marry without his consent; this settled the matter for the time between her and Denton, although both remained faithful to each other; they had not met for over a year.

Meantime the cause was carried up still higher, where it remained for two years longer, and then another adverse decision was made. Mr. Tomlinson was in despair; what with court charges, counsel fees, and loss from the diminished productions of his farm, he had sunk in the last four years over fifteen thousand dollars, a portion of which had been raised by mortgage on that part of his estate to which he had an undisputed title, almost equal to the full value of the land.

To the Supreme Court the matter came at last, but the old man had but little hope. In three courts, after a long and patient hearing, the decision had been against him; if it should again be adverse, he would be totally ruined. As it was, so greatly had his means become reduced, that it was with difficulty he could raise sufficient money to pay off the heavy expenses of the last court. The fees of his two attorneys were yet unsettled, and he feared, greatly, that he should not be able to induce more than one of them to attend at the Supreme Court. On the other side, money was expended freely, and the most energetic counsel that money could command enlisted. The fact was, the principal reason why Mr. Tomlinson had failed in each of the three trials that had already taken place lay in the superior tact, activity, and ability of the adverse counsel.

The anxiously looked-for period at length came, and Mr. Tomlinson made preparations for leaving home to meet the final issue, after nearly five years of most cruel litigation.