i have spoken of the state of public opinion as to lady mason's coming trial, and have explained that for the most part men's thoughts and sympathies took part with her. but i cannot say that such was the case with the thoughts of those who were most closely concerned with her in the matter,—whatever may have been their sympathies. of the state of mr. furnival's mind on the matter enough has been said. but if he had still entertained any shadow of doubt as to his client's guilt or innocence, none whatever was entertained either by mr. aram or by mr. chaffanbrass. from the day on which they had first gone into the real circumstances of the case, looking into the evidence which could be adduced against their client, and looking also to their means of rebutting that evidence, they had never felt a shadow of doubt upon the subject. but yet neither of them had ever said that she was guilty. aram, in discussing with his clerks the work which it was necessary that they should do in the matter, had never expressed such an opinion; nor had chaffanbrass done so in the consultations which he had held with aram. as to the verdict they had very often expressed an opinion—differing considerably. mr. aram was strongly of opinion that lady mason would be acquitted, resting that opinion mainly on his great confidence in the powers of mr. chaffanbrass. but mr. chaffanbrass would shake his head, and sometimes say that things were not now as they used to be.

"that may be so in the city," said mr. aram. "but you won't find a city jury down at alston."

"it's not the juries, aram. it's the judges. it usedn't to be so, but it is now. when a man has the last word, and will take the trouble to use it, that's everything. if i were asked what point i'd best like to have in my favour i'd say, a deaf judge. or if not that, one regularly tired out. i've sometimes thought i'd like to be a judge myself, merely to have the last word."

"that wouldn't suit you at all, mr. chaffanbrass, for you'd be sick of it in a week."

"at any rate i'm not fit for it," said the great man meekly. "i'll tell you what, aram, i can look back on life and think that i've done a deal of good in my way. i've prevented unnecessary bloodshed. i've saved the country thousands of pounds in the maintenance of men who've shown themselves well able to maintain themselves. and i've made the crown lawyers very careful as to what sort of evidence they would send up to the old bailey. but my chances of life have been such that they haven't made me fit to be a judge. i know that."

"i wish i might see you on the bench to-morrow;—only that we shouldn't know what to do without you," said the civil attorney. it was no more than the fair every-day flattery of the world, for the practice of mr. solomon aram in his profession was quite as surely attained as was that of mr. chaffanbrass. and it could hardly be called flattery, for mr. solomon aram much valued the services of mr. chaffanbrass, and greatly appreciated the peculiar turn of that gentleman's mind.

the above conversation took place in mr. solomon aram's private room in bucklersbury. in that much-noted city thoroughfare mr. aram rented the first floor of a house over an eating establishment. he had no great paraphernalia of books and boxes and clerks' desks, as are apparently necessary to attorneys in general. three clerks he did employ, who sat in one room, and he himself sat in that behind it. so at least they sat when they were to be found at the parent establishment; but, as regarded the attorney himself and his senior assistant, the work of their lives was carried on chiefly in the courts of law. the room in which mr. aram was now sitting was furnished with much more attention to comfort than is usual in lawyers' chambers. mr. chaffanbrass was at present lying, with his feet up, on a sofa against the wall, in a position of comfort never attained by him elsewhere till the after-dinner hours had come to him; and mr. aram himself filled an easy lounging-chair. some few law papers there were scattered on the library table, but none of those piles of dusty documents which give to a stranger, on entering an ordinary attorney's room, so terrible an idea of the difficulty and dreariness of the profession. there were no tin boxes with old names labelled on them; there were no piles of letters, and no pigeon-holes loaded with old memoranda. on the whole mr. aram's private room was smart and attractive; though, like himself, it had an air rather of pretence than of steady and assured well-being.

mr. chaffanbrass and mr. solomon aram.

mr. chaffanbrass and mr. solomon aram.

click to enlarge

it is not quite the thing for a barrister to wait upon an attorney, and therefore it must not be supposed that mr. chaffanbrass had come to mr. aram with any view to immediate business; but nevertheless, as the two men understood each other, they could say what they had to say as to this case of lady mason's, although their present positions were somewhat irregular. they were both to meet mr. furnival and felix graham on that afternoon in mr. furnival's chambers with reference to the division of those labours which were to be commenced at alston on the day but one following, and they both thought that it might be as well that they should say a word to each other on the subject before they went there.

"i suppose you know nothing about the panel down there, eh?" said chaffanbrass.

"well, i have made some inquiries; but i don't think there's anything especial to know;—nothing that matters. if i were you, mr. chaffanbrass, i wouldn't have any hamworth people on the jury, for they say that a prophet is never a prophet in his own country."

"but do you know the hamworth people?"

"oh, yes; i can tell you as much as that. but i don't think it will matter much who is or is not on the jury."

"and why not?"

"if those two witnesses break down—that is, kenneby and bolster, no jury can convict her. and if they don't—"

"then no jury can acquit her. but let me tell you, aram, that it's not every man put into a jury-box who can tell whether a witness has broken down or not."

"but from what i hear, mr. chaffanbrass, i don't think either of these can stand a chance;—that is, if they both come into your hands."

"but they won't both come into my hands," said the anxious hero of the old bailey.

"ah! that's where it is. that's where we shall fail. mr. furnival is a great man, no doubt."

"a very great man,—in his way," said mr. chaffanbrass.

"but if he lets one of those two slip through his fingers the thing's over."

"you know my opinion," said chaffanbrass. "i think it is all over. if you're right in what you say,—that they're both ready to swear in their direct evidence that they only signed one deed on that day, no vacillation afterwards would have any effect on the judge. it's just possible, you know, that their memory might deceive them."

"possible! i should think so. i'll tell you what, mr. chaffanbrass, if the matter was altogether in your hands i should have no fear,—literally no fear."

"ah, you're partial, aram."

"it couldn't be so managed, could it, mr. chaffanbrass? it would be a great thing; a very great thing." but mr. chaffanbrass said that he thought it could not be managed. the success or safety of a client is a very great thing;—in a professional point of view a very great thing indeed. but there is a matter which in legal eyes is greater even than that. professional etiquette required that the cross-examination of these two most important witnesses should not be left in the hands of the same barrister.

and then the special attributes of kenneby and bridget bolster were discussed between them, and it was manifest that aram knew with great accuracy the characters of the persons with whom he had to deal. that kenneby might be made to say almost anything was taken for granted. with him there would be very great scope for that peculiar skill with which mr. chaffanbrass was so wonderfully gifted. in the hands of mr. chaffanbrass it was not improbable that kenneby might be made to swear that he had signed two, three, four—any number of documents on that fourteenth of july, although he had before sworn that he had only signed one. mr. chaffanbrass indeed might probably make him say anything that he pleased. had kenneby been unsupported the case would have been made safe,—so said mr. solomon aram,—by leaving kenneby in the hands of mr. chaffanbrass. but then bridget bolster was supposed to be a witness of altogether a different class of character. to induce her to say exactly the reverse of that which she intended to say might, no doubt, be within the power of man. mr. aram thought that it would be within the power of mr. chaffanbrass. he thought, however, that it would as certainly be beyond the power of mr. furnival; and when the great man lying on the sofa mentioned the name of mr. felix graham, mr. aram merely smiled. the question with him was this:—which would be the safest course?—to make quite sure of kenneby by leaving him with chaffanbrass; or to go for the double stake by handing kenneby over to mr. furnival and leaving the task of difficulty to the great master?

"when so much depends upon it, i do detest all this etiquette and precedence," said aram with enthusiasm. "in such a case mr. furnival ought not to think of himself."

"my dear aram," said mr. chaffanbrass, "men always think of themselves first. and if we were to go out of the usual course, do you conceive that the gentlemen on the other side would fail to notice it?"

"which shall it be then?"

"i'm quite indifferent. if the memory of either of these two persons is doubtful,—and after twenty years it may be so,—mr. furnival will discover it."

"then on the whole i'm disposed to think that i'd let him take the man."

"just as you please, aram. that is, if he's satisfied also."

"i'm not going to have my client overthrown, you know," said aram. "and then you'll take dockwrath also, of course. i don't know that it will have much effect upon the case, but i shall like to see dockwrath in your hands; i shall indeed."

"i doubt he'll be too many for me."

"ha, ha, ha!" aram might well laugh; for when had any one shown himself able to withstand the powers of mr. chaffanbrass?

"they say he is a sharp fellow," said mr. chaffanbrass. "well, we must be off. when those gentlemen at the west end get into parliament it does not do to keep them waiting. let one of your fellows get a cab." and then the barrister and the attorney started from bucklersbury for the general meeting of their forces to be held in the old square, lincoln's inn.

we have heard how it came to pass that felix graham had been induced to become one of that legal phalanx which was employed on behalf of lady mason. it was now some days since he had left noningsby, and those days with him had been very busy. he had never yet undertaken the defence of a person in a criminal court, and had much to learn,—or perhaps he rather fancied that he had. and then that affair of mary snow's new lover was not found to arrange itself altogether easily. when he came to the details of his dealings with the different parties, every one wanted from him twice as much money as he had expected. the chemist was very willing to have a partner, but then a partnership in his business was, according to his view of the matter, a peculiarly expensive luxury. snow père, moreover, came forward with claims which he rested on various arguments, that graham found it almost impossible to resist them. at first,—that is immediately subsequent to the interview between him and his patron described in a preceding chapter, graham had been visited by a very repulsive attorney who had talked loudly about the cruel wrongs of his ill-used client. this phasis of the affair would have been by far the preferable one; but the attorney and his client probably disagreed. snow wanted immediate money, and as no immediate money was forthcoming through the attorney, he threw himself repentant at graham's feet, and took himself off with twenty shillings. but his penitence, and his wants, and his tears, and the thwarted ambition of his parental mind were endless; and poor felix hardly knew where to turn himself without seeing him. it seemed probable that every denizen of the courts of law in london would be told before long the sad tale of mary snow's injuries. and then mrs. thomas wanted money,—more money than she had a right to want in accordance with the terms of their mutual agreement. "she had been very much put about," she said,—"dreadfully put about. she had had to change her servant three times. there was no knowing the trouble mary snow had given her. she had, in a great measure, been forced to sacrifice her school." poor woman! she thought she was telling the truth while making these false plaints. she did not mean to be dishonest, but it is so easy to be dishonest without meaning it when one is very poor! mary snow herself made no claim on her lost lover, no claim for money or for aught besides. when he parted from her on that day without kissing her, mary snow knew that all that was over. but not the less did graham recognise her claim. the very bonnet which she must wear when she stood before the altar with fitzallen must be paid for out of graham's pocket. that hobby of moulding a young lady is perhaps of all hobbies the most expensive to which a young gentleman can apply himself.

and in these days he heard no word from noningsby. augustus staveley was up in town, and once or twice they saw each other. but, as may easily be imagined, nothing was said between them about madeline. as augustus had once declared, a man does not talk to his friend about his own sister. and then hearing nothing—as indeed how could he have heard anything?—graham endeavoured to assure himself that that was all over. his hopes had ran high at that moment when his last interview with the judge had taken place; but after all to what did that amount? he had never even asked madeline to love him. he had been such a fool that he had made no use of those opportunities which chance had thrown in his way. he had been told that he might fairly aspire to the hand of any lady. and yet when he had really loved, and the girl whom he had loved had been close to him, he had not dared to speak to her! how could he now expect that she, in his absence, should care for him?

with all these little troubles around him he went to work on lady mason's case, and at first felt thoroughly well inclined to give her all the aid in his power. he saw mr. furnival on different occasions, and did much to charm that gentleman by his enthusiasm in this matter. mr. furnival himself could no longer be as enthusiastic as he had been. the skill of a lawyer he would still give if necessary, but the ardour of the loving friend was waxing colder from day to day. would it not be better, if such might be possible, that the whole affair should be given up to the hands of chaffanbrass who could be energetic without belief, and of graham who was energetic because he believed? so he would say to himself frequently. but then he would think again of her pale face and acknowledge that this was impossible. he must go on till the end. but, nevertheless, if this young man could believe, would it not be well that he should bear the brunt of the battle? that fighting of a battle without belief is, i think, the sorriest task which ever falls to the lot of any man.

but, as the day grew nigh, a shadow of unbelief, a dim passing shade—a shade which would pass, and then return, and then pass again—flitted also across the mind of felix graham. his theory had been, and still was, that those two witnesses, kenneby and bolster, were suborned by dockwrath to swear falsely. he had commenced by looking at the matter with a full confidence in his client's innocence, a confidence which had come from the outer world, from his social convictions, and the knowledge which he had of the confidence of others. then it had been necessary for him to reconcile the stories which kenneby and bolster were prepared to tell with this strong confidence, and he could only do so by believing that they were both false and had been thus suborned. but what if they were not false? what if he were judging them wrongfully? i do not say that he had ceased to believe in lady mason; but a shadow of doubt would occasionally cross his mind, and give to the whole affair an aspect which to him was very tragical.

he had reached mr. furnival's chambers on this day some few minutes before his new allies, and as he was seated there discussing the matter which was now so interesting to them all, he blurted out a question which nearly confounded the elder barrister.

"i suppose there can really be no doubt as to her innocence?"

what was mr. furnival to say? mr. chaffanbrass and mr. aram had asked no such question. mr. round had asked no such question when he had discussed the whole matter confidentially with him. it was a sort of question never put to professional men, and one which felix graham should not have asked. nevertheless it must be answered.

"eh?" he said.

"i suppose we may take it for granted that lady mason is really innocent,—that is, free from all falsehood or fraud in this matter?"

"really innocent! oh yes; i presume we take that for granted, as a matter of course."

"but you yourself, mr. furnival; you have no doubt about it? you have been concerned in this matter from the beginning, and therefore i have no hesitation in asking you."

but that was exactly the reason why he should have hesitated! at least so mr. furnival thought. "who; i? no; i have no doubt; none in the least," said he. and thus the lie, which he had been trying to avoid, was at last told.

the assurance thus given was very complete as far as the words were concerned; but there was something in the tone of mr. furnival's voice, which did not quite satisfy felix graham. it was not that he thought that mr. furnival had spoken falsely, but the answer had not been made in a manner to set his own mind at rest. why had not mr. furnival answered him with enthusiasm? why had he not, on behalf of his old friend, shown something like indignation that any such doubt should have been expressed? his words had been words of assurance; but, considering the subject, his tone had contained no assurance. and thus the shadow of doubt flitted backwards and forwards before graham's mind.

then the general meeting of the four lawyers was held, and the various arrangements necessary for the coming contest were settled. no such impertinent questions were asked then, nor were there any communications between them of a confidential nature. mr. chaffanbrass and solomon aram might whisper together, as might also mr. furnival and felix graham; but there could be no whispering when all the four were assembled. the programme of their battle was settled, and then they parted with the understanding that they were to meet again in the court-house at alston.