My clients needed not this proof to satisfy themselves of their title, their belief had other foundation-but such proof seemed to be useful for your conviction, and to silence unscrupulous adversaries: and therefore, at the place where the corner was known to stand, they sought for signs of the corner, they found them, they have brought them here, you see them-and I dare to add, you believe them."

"That's the way to lay down the doctrine," remarked Foley the squatter, in tones by no means inaudible.

Somers now inquired how many rings could be counted in the wood outside of the marks.

"About ninety," answered Mason, “or perhaps one or two less."

"And Compton's patent dates sixty years earlier," added Somers quietly.

"Yes," said the other, "but the discrepancy admits of an easy explanation. When the corner was first established, there was no occasion for any marked tree, the stone was sufficient; but that in lapse of time becoming broken, it was proper to take other precautions to prevent the locality from being forgotten."

It is not attempted to give a regular and minute account of the rather discursive and irregular proceedings at the trial. To many arguments advanced on each side no reference is made at all. The counsel of course did their best, urging every consideration which seemed likely to impel the jury in the desired direction. Proof of various sorts was brought forward, documentary, living, direct, hearsay, as happened to come to hand. Somers, however, was much more sparing of words than his opponents, judiciously considering, that the plain jurymen, becoming confused by such a mass of incongruous evidence, would be ready, in despair, to banish the whole of it, and to yield up their minds to any argument which should be presented clearly and forcibly at the close. What to believe about the matter of the grave he knew not, but it had evidently produced an impression upon the jury, and he determined to bring up under its shelter an argument in which he did believe. The appearance of strength, the lawyer was aware, is as good as strength itself, whenever it can be confirmed and supported before its insufficiency is discovered.

Having waited patiently, therefore, till

the zealous gentlemen on the other side had said what they had to say, Somers urged upon the jury the fact that no grave had been found. That such a grave existed at the real site of the corner, he treated as a matter perfectly indisputable. He wound up this division of his argument by saying, "You see, gentlemen, how impossible it is that the stone which has been brought into Court can be the one planted on the line between Compton and Astiville. Supposing then we admit that this oak log be all it is claimed to be, what follows? It has the strokes of the surveyor upon it, and hence you may infer that marks a line, or a corner-perhaps the corner we are in search of. Grant everything that is asked, and you get a bare probability. Assign to this proof what strength you may, there is opposed to it a stronger. Even though a probability should advance to the very verge of certainty, though it should want but a hair's breadth of perfection, still, it cannot establish what is impossible. If the matter stood thus, and we could not account for the tree's having been scored as it is, the cause of my clients would, notwithstanding, remain unshaken.

But the

matter does not so stand: I am able to show what the other side have no right to demand of me. A few words will suffice to inform you what those silent notches de

note.

The grandfather of the late Mr. Compton had been blessed by heaven with seven sons. The same hand that gave, subsequently bereft him of all but two, the oldest and the youngest. Those two remaining hopes of the parent were very unlike. The one son was a pale, sickly lad; Alexander, the eldest, on the contrary, was a young man in the prime of life, and blooming with health and vigor. The father became consoled for what he had lost, in beholding this firm support of his declining steps. Alexander Compton became attached to a young lady worthy of him in station, in wealth, in personal attractions. They were betrothed, and a day was appointed for the wedding. The father, in view of this event, determined to make a division of his landed estate, and to bestow a large portion upon that eldest child Alexander. With his own hand Mr. Compton made a draught on paper of the bounds of that portion, which draught it was proposed to enlarge when the wedding-day

should come, into the form of a legal conveyance. Such an instrument, however, was never executed. Alexander, while on the way to the home of his bride was obstructed by a swollen stream. He attempted to cross and was drowned. How does this sad story concern the present case? Much, gentlemen, for if that marriage had taken place you would not to-day have been assembled here. If the deed of gift which that sorely stricken father was prevented from making, had been put on record in the office of this Court, no doubt could ever have arisen as to the course of the northern line of the Compton patent. Yet, though I cannot show you the deed, I can show you the draught on which it was to have been based. Here is a dingy sheet of paper, taken from the recesses of the desk, to which it was doubtless consigned by the desolate father himself, who from that fatal morning must have loathed the sight of it. Take it, gentlemen, but handle it gently, for it is a record of sorrow."

The jury examined the interest.

paper with great

Somers continued-"I have made mention of a feeble younger child. That son survived, and from him are descended all of the Comptons who now exist, and it is to defend the title of those descendants that I present this paper to you; for, the rights of the Comptons, not the mere interests of my clients, are what you are impanneled to try. Reference is made, as you perceive, in this paper, to a white oak tree, two rods upward from a certain sulphur spring near the Lower Branch. I found the sulphur spring, gentlemen, and measuring off the space given, I came to a large stump. What has become of the wood taken from that stump, I have learned --and you too have learned, this morning. The draft bears date eighty-six years ago. Let the rings on yonder log be counted." The judge himself undertook to make the reckoning, and pronounced the number to agree with that stated.

"I was confident," resumed Somers, "that it would prove so, though I never saw that piece of timber till it was brought into court this morning. Now, it will be further noticed, that the paper, after giving this tree as one of the corners of the tract to be bestowed on Alexander Compton, adds, that the line shall run thence in a

northwesterly direction to the old fourth corner-stone on Hardwater Run. If, gentlemen, you strike a line northwestwardly from the Lower Branch, you must hit upon the North Branch. My argument is done; the true Hardwater is found; and no more is needed to decide the present suit."

Upon Mason's offering to contest the genuineness of the document offered in evidence, Somers showed conclusively by the testimony of the administrators and various members of the family of the late Mr. Compton, and by comparison of hand-writing, that there was no reasonable ground to doubt its being what it purported to he. Thus, whatever might be thought of the legal insufficiency of the paper in other respects, it at least showed the belief entertained in regard to the boundary of the tract, by the head of the Compton family nearly a century previous.

The trial was at length brought to a close. close. After a long interval of suspense, bar, suitors, and audience, were informed that the jury could not agree. Nine of the twelve, it appeared, were disposed to decide in favor of the title of the New Yorkers, but the remaining three held out stiffly for the "old families."

John Astiville, on this occasion, had no mind to curse the law's delay. As for Mr. Everlyn, he was greatly startled by the strong case presented on a side where he had expected to see nothing but shuffling evasions. He began now for the first time. to apprehend that his friend and he did not enjoy so complete a monopoly of justice as had been presumed. Astiville noticed his faltering confidence, and found it necessary to administer support. The task was commenced adroitly enough.

"Is not Dick Somers a crafty dog? What other man could do so much with

nothing? He can brandish a shadow in the face of the jury, and make the simple souls believe it a real argument."

"But," said Everlyn, "what is this grave that is talked about? I never heard of it before."

Astiville laughed as he answered, "You are not alone in ignorance, be assured. There are many more in the same plight."

"Then is there really nothing in it ?"

"Yes, about as much as there is in half the idle gossip of a negro fireside. Somers has hunted up some old rigmarole tale—

it served his purpose, and that is all he cared for. He does well to enlist in defence of the weakest party, for his talents would be wasted on any side that possessed the innate strength of justice.' "But what are we to do now?" asked Everlyn.

"Why, we must endeavor to beat them at their own weapons."

"You do not mean, that because they are unscrupulous, it is necessary for us to be unscrupulous also. That is, according to your own definition, to throw away our strength because they know how to make a good use of weakness ?"

"By no means," answered Mr. Astiville; "all that I propose now is, to delay the decision till an opportunity shall occur when the minds of men are disabused of the misconceptions which Somers has instilled into them. Neither you nor I would prosecute the matter, unless we knew that the right was in our favor. Therefore, with clear conscience, we can wish the jury to decide for us; but if such a decision can only be brought about by a little management, the course of wisdom is plain enough."

"That is," suggested Everlyn, "in case the measures you have reference to are in

nocent.

"Certainly. Indeed, in the present affair, I think we have little occasion for any very active conduct. Let us be patient, and time will bring things right."

Everlyn did not altogether understand what meaning was covered under these enigmatical expressions, but Mr. Astiville did, which of course was sufficient.

The conversation was continued as they rode homeward. Everlyn remarked, "I thought the discovery of the stone and tree was to be kept secret, yet Somers did not appear to be taken by surprise when they were produced."

"No, he ferreted it out in some way. Gauslin's self-willed stupidity led to it, though he assures me that he never spoke to any body about the search he had made, and was far from anticipating any questions as to its result. His companion, Grimes, must have betrayed it, or at least have dropped some hint which Somers was sagacious enough to interpret and avail himself of. Thus we rather lost than gained by our stratagem. The trap was sprung

when we did not expect it, and recoiled upon our own heads. Trust me, however, we shall be even with the Yankees yet. The clients, luckily, are not as deep in craft as the advocate."

Everlyn, after musing awhile, answered, "I would not have expected such a course from Somers. His manner being so cordial and frank, I did not doubt that his friendship was as sincere as it seemed. To be threatened with ruin is sufficiently bad in itself, but to see the blow guided by a hand from which only good offices were looked for, is apt to overcome one's patience altogether."

"It is useless," replied Astiville, "to be vexed on such an account. A lawyer makes his living from mischief, and he is the best among them who sticks most closely to his trade. His client is his victim, and in truth I must say it argues a degree of tenderness of conscience in Somers, that he is reluctant to prey upon his friends so long as he has some one else to devour."

"You do not apprehend my meaning," said Everlyn. "I would not care so much about his joining against me, if he would only be a fair and open foe. Let him defend, if he will, the admirable clients he has adopted, and let him urge the law against me to its very letter; his choice may affect me with surprise, but I will not blame the man for it. But to surpass in zeal even those for whom he acts, to out-Schrowder Schrowder, to have recourse, with dauntless effrontery, to every device of misrepresentation, duplicity, and low cunningthis, I think, is a supererogation in meanness which his profession does not demand."

"My dear sir," said the other, "you take this matter too hardly. If Somers were a relative now, you would have reason to be mortified and vexed, but as it is, what can he be to you?",

Mr. Everlyn thought he had ample reason for his concern, when he considered that the individual referred to had shown a desire to become his son-in-law, but he deemed it proper to confine this reflection to himself.

Besides," added Astiville, "Somers, whatever may be his ability, is after all of a low family, and what better could you expect from him? Plants that have sprung from the dung-hill will savor of their origin."

"I am compelled to believe it," answered Everlyn.

"For my part," said Astiville, "I think it a doctrine easy to be believed without compulsion. The whole analogy of nature is in its favor. No law is more universal than that things beget their like. Then again these self-made men, whom it is the cant of the day to eulogise, want that early training and example with which the children of good families are favored."

"I am inclined," Everlyn said, "to assign even more weight to this last consideration than to the other. Do we not sometimes see an old family servant display more of the manner of a courteous, wellbred gentleman than we find in many of those who are received in good and respectable society? If instances of this sort of servants are more rare than formerly, I fear it argues that we, their masters, have degenerated from the elevated tone and habits of our fathers."

"There is no doubt much force in what you say," rejoined Astiville, "yet I cannot but attach great importance to the blood. It conveys from one generation to another those sentiments of honor which, like the instincts of the lower animals, point out better than any teacher can do, what conduct is becoming our station in life."

Everlyn shook his head. "It is a comfortable creed, but I suspect that if a candid examination is made, we shall find that no small share of the villainy which has been carried on in the world is traceable to the offspring of honest and distinguished lineages. Still-and to this extent I agree with you-I do think that good blood, though it may be no preservative against wickedness, in the abstract, must restrain any one in whose veins it flows from those acts of paltry, underhand baseness which the perpetrator cannot acknowledge without shame, even in the company of his fellow miscreants. All sin is certainly to be abhorred and shunned, but if a choice had to be made, give me rather the dauntless ruffianly crime, than the sneaking vice which violates a trust or betrays the innocentgive me rather the high-bred villain than the low, grovelling scoundrel."

The two gentlemen had by this time come to a fork in the road where it was necessary for them to separate, Mr. Astiville crossing the Run and bearing off to

the right, while his friend pursued his way up the stream.

It was a week or ten days afterward, when Somers, released for a period from his duties at Daylsborough, thought proper to turn his face towards the Hardwater. As in duty bound, he first visited his client Mr. Newlove. In the reception which he met there, and especially in the sincere and earnest thanks for his exertions uttered by Emma, he felt recompensed for the sacrifice which he made to a sense of duty.

"I did my best," he answered, "and I think I may congratulate you upon the result, for it is far more favorable than I had reason to apprehend from the complexion of the jury. If nothing untoward happens in the meanwhile, I think the next trial may be expected to establish your title completely. This, however, is quite uncertain, and the suit may be protracted to a considerable length. One thing I must enjoin upon you, and that is, to keep Mr. Schrowder quiet. If the cause is eventually lost, I think it will be owing to him."

Mr. Newlove replied gravely that Mr. Schrowder was an individual of great obstinacy and energy.

Emma smiled and said "We cannot promise to perform impossibilities—yet I trust the case is not hopeless. At any rate every resource of persuasion shall be tasked."

"If you undertake the matter," returned the lawyer, gallantly, "I am sure the point is gained."

After an hour's talk, Somers' eye began to wander about the walls of the room. Then he rose and offered to take leave. Upon Mr. Newlove's urging him to remain to dinner, he excused himself, and mentioned that he had another call to make that afternoon.

Newlove replied eagerly to this, that he would find neither Dubosk nor Schrowder at home, and therefore could gain nothing by such a hasty departure.

Somers to the great risk of his legal reputation be it spoken-was a little embarrassed, but recovering from the moment's hesitation, was able to signify that there was another family in the vicinity, not alluded to, which it was possible to visit.

Emma, with a woman's quick apprehension, caught his meaning, and was too con

siderate as well as polite to attempt to detain him longer.

Somers, however, was high-spirited, and could not creep away in the style of a school-boy going to rob an orchard, so he added firmly "The truth is, I must call on Mr. Everlyn. I fear he will think hardly enough of me at best, and I must not increase his displeasure by neglecting any duty of friendship which it is left in my power to perform."

Though this was uttered quite glibly, the young lady did not fail to perceive that

his interest in the Everlyn family was by no means so entirely engrossed as his words seemed to denote, by its head. Somers was conscious that his secret was penetrated, yet he had little inclination to be angry on account of the discovery, for, somehow or other, nobody ever became acquainted with Emma Newlove without feeling that if it were necessary to have a confessor, there could not be found in the whole world a person whom one would choose for that office in preference to her.