elinor wyllys-2-第43章
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
t…book to William Stanley when they were alone together。 He appealed to every man there present； what would have been his own conduct under such circumstances？ As to the readiness of Mr。 Wyllys to receive William Stanley； could he believe him living； it was proved by the past conduct of the executors； their anxiety to obtain a correct account of the young man's fate； their hopes at first； their regrets at last； when hope had died away。 Ellsworth closed his speech by observing； that after this review of the circumstances； considering the striking differences pointed out in person； temper； and capacity； from those of William Stanley； the irreconciliable difference in the gait and formation of the limbs； and the unnatural conduct of the plaintiff throughout； had Mr。 Wyllys received this man as William Stanley； the son of his deceased friend； it would have been a gross neglect of duty on his part。
There now remained but one act to complete the defence。 It was concluded by Mr。 Grant； who went over the whole case in a speech； in his usual well…known manner； learned and close in its reasoning； caustic and severe in its remarks on the opposite party。 His general view was chiefly legal； occasionally； however； he introduced short and impressive remarks on the general aspect of the case； and the particular character of the most suspicious facts presented by the plaintiff； he was severe upon Mr。 Clapp； showing a shrewd and thorough knowledge of the man； and the legal species to which he belonged。 The Longbridge lawyer put on an increase of vulgar nonchalance for the occasion； but he was unable to conceal entirely his uneasiness under the sharp and well…aimed hits of one； so much his superior in standing and real ability。 Mr。 Grant dwelt particularly upon the suspicious appearance of the facts connected with the volume of the Spectator； and the pocket…book； both of which he admitted to have belonged to William Stanley originally； and he seemed to manage the difference in temper and capacity more effectually than Mr。 Ellsworth had done。 His speech was listened to with the closest attention during several hours； after having reviewed the testimony on both sides and finished his legal survey of the ground； he concluded as follows：
〃Gentlemen of the jury； the facts of this case are before you； so far at least as we could reach them； there are doubtless others behind the curtain which might prove highly important in assisting your decision。 You have followed me over the dull track of the law wherever it led us near this case； and I thank you for the patience you have shown。 The subject is now fully before you； and I conceive that you will agree with me that in the present case； the counsel for the plaintiff have undertaken a task of no ordinary difficulty。 It seems a task by no means enviable under any of its different aspects； but really； in the whole course of my experience at the bar； it has never yet fallen to my lot to witness so startling a feat of legal legerdemain； as that attempted in this court…room by the counsel for the plaintiff。 I conceive； gentlemen； that they are engaged in a task seldom attempted since the days of wizards and necromancersthey have undertaken to raise a ghost！〃
It was now time for the plaintiff's lawyers to close the trial。 Mr。 Clapp wished to speak again； but Mr。 Reed took the case entirely in his own hands； he was evidently firmly convinced of the identity of his client with William Stanley； and the natural indignation he felt at the accusations of the defendants； and the treatment the sailor had received from the executors； gave unusual warmth to his manner； which was generally calm； it was remarked that he had never made a stronger speech than on that occasion。 He did not dispute the honesty of the opinions of Mr。 Wyllys and Hazlehurst； but he conceived they had no right to hold such opinions after examining the testimony in behalf of the plaintiff。 He conceived that the defendant attached an importance altogether puerile to mere common probability； every…day probability； how many facts； now proved as clearly as human evidence can prove； have worn at first an improbable aspect to many minds！ How many legal cases of an improbable nature might be cited！ He would only allude to a few； and here he went over several remarkable cases on record。
〃And yet he would even engage to answer the objections against his client on this very ground of probability； much had been said about the volume of the Spectator； but Mr。 Hazlehurst could not swear to having read it at Greatwood four years since； while it appeared on cross…examination that his brother had the same edition of that book in Philadelphia； and that Mr。 H。 was in the habit of reading his brother's books； it also appeared that other volumes had been lost from the house at Greatwood in the course of the last four years。 He held it then to be clearly probable； first； that Mr。 H。 had not read that identical volume shown at the interview； but one belonging to his brother； secondly； that the same volume had not been lost within the last four years； that others had been lost was certain； but that this volume had been in the possession of his client for nearly twenty years was PROBABLE。〃 He went on in the same way to prove the probability of his client's gait having been changed； like that of other sailors； by a life at sea； that his whole body had become heavier and coarser from twenty years' hard work； and change of habits。 He here made Dr。 B。； the physician who had testified on this subject； appear in a ridiculous light； by quoting some unfortunately obscure remarks he had made under cross…examination。
〃Then； as to his client's temper； he hoped it had improved with age； but he thought that point had not been as clearly settled as his best friends could wish； still； it was by no means IMPROBABLE that it had improved under the salutary restraints of greater intercourse with the world。 Who has not known persons whose tempers have become better under such circumstances？ As to the capacity of his client； that had also PROBABLY been roused into greater activity by the same circumstances。 Who has not heard of striking instances in which boys have been pronounced stupid by their masters and playfellows； and yet the same lads have afterwards turned out even brilliant geniuses？〃 He mentioned several instances of this kind。 He went over the most striking features of the whole case in this manner； but we are necessarily compelled to abridge his remarks。 〃He accepted this ground of probability fully and entirely； the conduct of his client had been thought unnatural； he conceived that the very same stubborn； morose disposition； which the defendants had laboured so hard to fasten upon William Stanley； would account in the most PROBABLE manner for all that had been unusual in the conduct of his client。 The same boy who at fifteen had so recklessly exchanged a pleasant home and brilliant prospects for a sailor's hardships； might very naturally have continued to feel and to act as the plaintiff had done。〃
He then brought together all the points in favour of the sailor； 〃The resemblance between the plaintiff and William Stanley had been called trifling by the counsel for the defendants； he considered it a remarkably strong resemblance； since it included not only acknowledged personal likeness； but also similarity of handwriting； of age； of occupation； the possession of documents admitted to be authentic by the defendants themselves； with knowledge of past events； persons； and places； such as would be natural in William Stanley but quite beyond the reach of a common stranger。 He conceived that the great number of different points in his client's favour was a far stronger ground for the truth of his claim； than any one fact； however striking； standing alone。 He held that this mass of evidence； both positive and circumstantial； could be accounted for in no other way at all probable； than by admitting the identity of his client。 He conceived it also probable that any unprejudiced man would take the same view of this case； a case singular in its first aspect； though not more singular than hundreds of others on record； and entirely within the bounds of possibility in every fact； while it assumed greater probability the farther it was examined。〃 He then adverted to several points merely legal； and finally concluded by a strong appeal in behalf of the plaintiff。
The judge rose to make his charge； it was strictly legal and impartial； chiefly reminding the jury that they were to decide entirely from the facts which had been placed before them； if they thought the evidence to which they listened sufficient to prove legally the identity of the plaintiff as William Stanley； they must give a verdict in his favour； if they held that evidence to be incomplete and insufficient； according to the legal views which must be their guide； they must pronounce a verdict in favour of the defendants： concluding with explaining one or two legal points； and an injunction to weigh the whole evidence impartially； the judge took his seat。
The jury rose； marshalled by constables and headed by their foreman； they turned from the box and left the court…room to consider their verdict。
Another cause was called。 The parties interested； their friends； and the crowd of curious spectators poured from the building； discussing as they moved along the probable result； which could scarcely be known until the next morning； for it was late on the fourth night that the trial closed。
CHAPTER XIX。 ｛XLII｝
〃Tout est perdu fors l'honneur！〃 Francois I。
｛〃Tout est perdu fors l'honneur〃 = all is lost but honor （French）。 Francis I of France （1494…1547）； letter to his mother； 1525； by 1840 a proverbial expression｝
HAZLEHURST'S friends； fully aware of the importance of the cause to his interests； had followed the trial with great anxiety。 Mrs。 Stanley； Mrs。 Robert Hazlehurst； Miss Wyllys； and Mrs。 Creighton were regularly informed of the events which had passed whenever the court adjourned。 The young ladies at Wyllys…Roof； Elinor； Jane； and Mary Van Alstyne were obliged to wait longer for information； they had received； however； regular reports of the proceedings by every mail； they had learned that the trial had closed； and were now waiting most anxiously for the final decision of the jury。
〃I had no idea the trial would last so long； had you？〃 observed Mary Van Alstyne； as the three friends were sitting together waiting for that day's mail； which must at length bring them the important news。
〃Yes； grandpapa told me that it might possibly last a week。〃
〃I don't see why they cannot decide it sooner；〃 said Jane； 〃anybody might know that sailor could not be William Stanley。 Poor Harry！ what trouble he has had with the man ever since he came home！〃
At that moment carriage…wheels were heard approaching； Elinor ran to the window。
〃They are coming！〃 she cried； and in another instant she was on the piazza； followed by Mary and Jane。 Two carriages were approaching the door。
〃Here they areall our friends！〃 exclaimed Mary Van Alstyne； as she recognized in the first open wagon Mr。 Wyllys and Ellsworth； and in the barouche behind； the ladies； including Mrs。 Creighton； while Harry himself sat at the side of the coac
