That Mainwaring Affair - A. Maynard Barbour (ebook and pdf reader .txt) 📗

but 'twas no use; and the carriage was sent for Mr. Barton, and when word was brought back that he was out of town, it was sent again and brought back his clerk. Everything was all ready, and he was propped up in bed by pillows, his eyes burning as though there was fire in them. He repeated those words while the lawyer wrote them down, and then had them read to him, and at fifteen minutes of twelve o'clock the will was signed and sealed."

"You were present during the drawing up of the will?"

"Yes, sir, I was present through it all, but not where the others saw me. When the lawyer came, Mr. Hugh told me to leave the room; but as I was going his father called me back and bade me stay, and I was standing at the foot of the bed, hidden by the curtains of the canopy, so none but the old gentleman saw me."

"Who else was present?"

"Mr. Mainwaring's old friend, Sandy McPherson, Mr. Hugh, and the lawyer."

"No one else? Were there no physicians present?"

"There were physicians in the house, sir, but not in the room."

"How long did Mr. Mainwaring live afterwards?"

"He died at five o'clock the next morning, sir; his strength went fast after that was done, but he rested easy and seemed satisfied."

"What was done with the will?"

"Mr. Hobson took it away with him that night."

"Have you ever seen it since?"

"No, sir."

"Mr. Wilson," said the attorney, showing the witness the will, "can you swear to these signatures as being the same which you saw affixed to the will upon that night?"

Wilson studied the document attentively for a moment. "Yes, sir, that is Mr. Mainwaring's writing, only a bit unsteady, for his hand trembled. McPherson's writing I know, and you mark that blot after his name? I remember his fussing that night because he had blotted the paper."

"And the third name, is that the signature of this man, Richard Hobson?"

"I know naught about that man's writing," the old fellow replied, with a shrewd look; "but you will mind that the name is the same writing as the will itself, and he wrote that and signed his name to it, for I saw him."

"And you have neither seen that will, nor heard it read until this morning?"

"No, sir."

"You have remembered it all these years?"

"Maybe not word for word, sir, but I have kept the sense of it in my mind."

"Are you positive that this is the will drawn up on the night of which you speak?"

"That I am, sir."

"Did you ever speak to any one of this will?"

"To none but my son, sir. Mr. Hugh Mainwaring was that sort of a man, I could not speak to him about it, or ask about his brother. I asked to be allowed to stay about the old place in hopes that some day Mr. Harold would come back to have a look at his old home, and I could tell him of it, for I thought things had not gone right altogether. Then we heard of his death, and I thought it was too late; I could do no good by speaking, and I held my tongue until the young gentleman came."

Wilson was then dismissed and Hobson was next called to the stand. More even than the reading of the old will, the truth which had dawned upon Hobson's mind as he met the piercing gaze of the secretary, had convinced him that the position which he had intended to assume, adverse to the new claimant and as an ally of Ralph Mainwaring's, was neither politic nor safe. His views on that subject had undergone a decided change, and, with his usual weathervane proclivities, he was now preparing to take a totally different stand and strive to ingratiate himself into the favor of the new heir, at the same time leaving, if possible, a few loop-holes through which he could retreat, should some veering wind change his course in another direction.

"Mr. Hobson," said the attorney, somewhat abruptly, when the necessary preliminaries were over, "did you on the night of November 17, 18-, act as attorney for Ralph Maxwell Mainwaring, in the drawing up, at his request, of his last will and testament?"

"I believe so, sir," was the guarded answer.

"Did you or did you not?" Mr. Sutherland persisted.

"I did, sir."

"Have you, during all these years, had any knowledge that the will you drew under the circumstances already mentioned was still in existence?"

After a slight pause, the witness replied, "I had no positive knowledge to that effect."

"Did you believe the will to be in existence?"

Hobson reflected a moment, then replied, cautiously, "I was led to suppose that the will did not exist."

"You remember the form, terms, and conditions of the document drawn by yourself on that occasion?"

"I do, perfectly," he replied, with more assurance.

"State whether the will read in your hearing this morning is identical with the one drawn by yourself."

Hobson now saw the drift of the attorney's questions, but it was too late.

"As near as I can recollect," he stammered, but a word from Mr. Sutherland recalled him.

"You just said you remembered perfectly."

"I believe they are identical in form."

"Mr. Hobson," said the attorney, spreading out the document before the witness, but still retaining his hold upon it, "will you state to the court whether that is your writing, and whether the last name, that of the second witness, is your signature."

With great precision, Hobson adjusted a pair of eyeglasses and proceeded to scrutinize the writing closely. "Well," he remarked, at length, very deliberately, "I do not deny that to be my writing, nor am I prepared to positively affirm that it is such. The fact is, my chirography varies so much from time to time that I often find it difficult for me to verify my own signatures."

"Here are some papers which may assist the gentleman, and may be of some use to the court," said a deep voice with rich, musical inflections, but slightly tinged with sarcasm, and the English attorney handed a small package to Mr. Sutherland. "They contain," he added, "some specimens of the witness's chirography of about the same date as the will."

"The writing in both cases is identical," said Mr. Sutherland, as, having examined the papers, he showed them to Hobson, but a glance at their contents seemed rather to confuse the witness than otherwise, for he remained silent.

"Do you acknowledge these letters to be of your writing?" inquired the attorney.

"I do, sir; and I have no doubt but that the other is my writing also."

"You acknowledge this, then, as the will which you wrote at the dictation of Ralph Maxwell Mainwaring the night before his death?"

"I believe it is, sir."

"Mr. Hobson, why was this will not make public following Mr. Mainwaring's death and burial?"

"On the day after his death, I gave it into the keeping of his son, Hugh Mainwaring, at his own request, and he afterwards gave me to understand that it was lost."

"And you were paid for keeping silent as to the existence of such a will, were you not?"

"I may have been," the witness replied, with a calmness born of desperation.

"That is sufficient for the present."

A few moments followed in which the attorneys consulted together, while comments in tones of subdued excitement and expectancy were exchanged among the crowd. Ralph Mainwaring had sat with darkening face throughout the testimony thus far; now he remarked to Mr. Whitney, with a bitter sneer,—

"Fine witnesses! A beggarly shyster whose oath is worthless, and an imbecile old servant, who could be bought for a half-crown!"

Young Mainwaring turned upon his father a look of indignant surprise. "Governor," he said, "it would not be well for you if either old James Wilson or his son heard that remark of yours!"

"It will be well for you to attend to your own business and keep your mouth shut!" responded his father, angrily.

Beneath the calm exterior which the young man preserved, the old Mainwaring blood was now fast rising, but he made no reply, for at that instant Mr. Sutherland announced the name of the next witness:

"Harold Scott Mainwaring!"

There was a sudden hush throughout the court-room, broken an instant later by a low murmur of mingled astonishment, incredulity, and wonder as the private secretary rose and walked towards the witness stand. A few comments reached his ears, but he seemed unconscious of them, and, having taken his place, turned towards the audience a face cold and impassive, inscrutable to his enemies, who could read nothing of the conflicting emotions beneath that calm, immobile surface.

He saw the crowd of upturned faces—incredulous, wondering, curious; he caught the mocking smile of Mrs. LaGrange and Ralph Mainwaring's dark, sinister sneer; but he took little note of these. Like an arrow speeding to the mark, his glance sought the face of young Hugh Mainwaring. Their eyes met, and in that brief moment there was recalled to each a starlit night on one of the balconies at Fair Oaks, and the parting words of young Mainwaring to the secretary, "I'm your friend, Scott, and whatever happens, I'll stand by you."

With swift intuition each read the other's thought, and, although there was no outward sign, Harold Mainwaring knew from that instant that there would be no retraction of that pledge.

The slight ripple of excitement died away while the witness was sworn, and the crowd listened with interest even to the preliminary interrogatories.

"Where were you born?" asked the attorney.

"In Melbourne, Australia," was the reply, while deep silence awaited Mr. Sutherland's next question.

"Mr. Mainwaring, I believe you are familiar with the will just read, are you not?"

"I am."

"Please state when, and under what conditions, you gained your knowledge of this will."

"I first learned that such a will had existed and knew its general terms, between five and six years since, through information given me by James Wilson. From data found a little over a year ago among the personal letters of the deceased Hugh Mainwaring, I ascertained that the will was still in existence, and on the 7th of July last I discovered the document itself and became personally familiar with its contents."

At the mention of the name of Hugh Mainwaring and of the date so eventful in the recent history of Fair Oaks, the interest of the crowd deepened.

"Did you discover the document accidentally, or after special search for it?"

"As the result of a systematic search for more than a year."

"Please state whether you took any steps leading to the discovery of this will during the four or five years immediately following your first knowledge of it; and if so, what?"

"As I first learned of the will soon after entering Oxford, my studies necessarily occupied the greater part of my time for the next three or four years; but I lost no opportunity for gaining all possible information relating not only to the Mainwaring estate, but more particularly to Hugh Mainwaring and his coadjutor, Richard Hobson. Among other facts, I learned that immediately after the settlement of the estate, Hugh Mainwaring had disposed of the same and left England for America, while about the same time Richard Hobson suddenly rose from a penniless pettifogger to a position of affluence.

"As soon as my studies were completed, I sailed for America, with the avowed determination of securing further evidence regarding the will, and of establishing my claim to the property fraudulently withheld from my father and from myself. In the securing of the necessary evidence I succeeded beyond my expectations. As Hugh Mainwaring's private secretary, I gained access to the files of his personal letters, and soon was familiar with the entire correspondence between himself and Richard Hobson, from which I learned that the latter demanding and receiving large sums of money as the price of his silence regarding some past fraudulent transaction. The nature of that transaction, I ascertained in this marginal note, in Hugh Mainwaring's handwriting, upon one of Hobson's letters which happened to be more insolent in its tone than the rest. With the permission