Somers went, accordingly. After a brisk walk, which excited a glow in cheeks made pale by sickness, he stood on the summit of the eminence. It was late in March. The grass had commenced to put on that hue which is so grateful to the eye of man and beast; and the budding trees gave promise of their leafy treasures. A little distance down the further slope, a rivulet bubbled forth; on the rocks which surrounded its source two or three persons were seated. The beholder recognized at once the fine manly bust of Mr. Everlyn, and it was impossible that a lover's eye could mistake the proud and graceful carriage of the bonneted head beyond. Somers hastened to the spot.

Everlyn, and his daughter, and Howard Astiville, who, it seems, had accompanied them in their walk, rose and saluted the visitor courteously, though with an evident air of restraint. Somers alluded to the mildness and beauty of the day. Everlyn coldly assented to the truth of the remark, adding, that such delightful weather succeeding the confinement of the winter, had tempted them to take a longer stroll than perhaps, was altogether prudent.

last few days give as different a color to the landscape, as that which less interested eyes behold, when the snows of February yield place to the verdure of Spring.'

Somers hardly knew how to interpret this observation. Did it mean that Newlove, notwithstanding his confidence, had lost the suit? But, after all, what mattered it to him? The Northerners had voluntarily given him his discharge. He stood relieved from all concern, either in their success, or their defeat. Without waiting to learn the fate of others, he would explain the happy change in his own position.

He said: "You remember, I hope, Mr. Everlyn, that I have assured you from the very first that nothing but a conviction of duty could compel me to make any efforts tending to your injury."

"I do call to mind, sir, that you have heretofore expressed yourself to that effect."

"Perhaps, Mr. Everlyn, you have been. disposed to doubt whether I was sincere in the declaration. And I am not sure that, ignorant as you were, of many of the considerations which affected me, you could avoid forming an unfavorable judgment. The consciousness that I was liable to the suspicion of duplicity constituted not the least painful circumstance of my situation. I feel a hearty joy in being at liberty now to say, that there is nothing which I hope for more unreservedly than your success and happiness. I tell you, sir, I would not, for the fee-simple of all the acres between this hill and Anderport, place myself again, as, during months past, I have been placed. I trust, sir, I am no longer disbelieved."

"That it affords a view of nearly the whole of my purchase," said Everlyn, was a slight recommendation of the spot to one who saw himself in imminent danger of losing everything which it overlooked: but events that have turned up within the

This appeal was made with so much earnestness of tone, that Sidney, who could not be unaware that she had more than one lover watching her demeanor, blushed. Her father quickly answered in her stead:

"Sidney is a good, amiable girl, I think,

and will never hate anybody who does not seek to injure Everstone." Everlyn went on. So, they could not induce you, Somers, to take a share in their last rascally plot. They had to look elsewhere for somebody to perform such dirty business! My only surprise is, that you were not undeceived, as to their character, and the merit of their claims, long ago. But, better late than never. I suppose that, notwithstanding you have escaped from them, you would not like to speak of the intrigues, which they communicated in confidence, or I should ask you to satisfy our curiosity upon some points."

Somers gravely rejoined, that he could not, for one moment, allow it to be supposed that anything had transpired, during his intercourse with his late clients, to lead him to doubt either their personal integrity, or the legal strength of their title. "I speak particularly," added the lawyer, "of Mr. Newlove and Mr. Dubosk. With Caleb Schrowder I never chose to have any dealings, except in so far as his rights were involved in theirs. It is but simple justice to the two former to say, that if I am unwilling to advocate their cause, my aversion springs only from the fact that their triumph is inseparable from the defeat of older and dearer friends, and it is, I think, due also to my own honor to make known that my release comes from their free, unsolicited act. There was no abandonment of the engagement on my part. Examine this letter, sir."

Everlyn took the open sheet extended to sheet extended to him, and began to run his eye over the

contents.

"Read aloud, if you please," said Somers.

Everlyn, after doing so, folded up the paper, and looked first at Sidney, and then at Howard Astiville. No remark was made, till Everlyn, glancing at the back of the latter, said: "This is addressed to you, I observe, at Zephyrville-have you not since seen Mr. Newlove, or received some further communication from him ?" "I have neither seen him, nor heard from him," answered Somers. "The note is dark, except upon one point. It is this, however, which alone interests me, and I have sought to learn nothing else. Mr. Newlove here tells me he requires my services no longer. I am perfectly satisfied

to remain in ignorance of the circumstances which have induced him to come to this decision."

"And would you have us believe you ignorant of what occurred in Court the other day?" This query came from Howard.

"I am altogether uninformed," replied Somers. "Have the jury agreed upon a

verdict?"

"All other persons in Court, at any rate," said Howard, "have agreed upon one opinion."

"And what is that, if I may ask?"

"They are convinced of this sir, that however worthy your clients may be, one of them has a daughter of very questionable character."

"Explain," said Somers, reddening. "I do not understand you."

"I must give you a narrative, then, from the beginning," returned Howard, with a smile. "The jurymen were impanneled last Monday, and the excellent Mr. Mallefax appeared as counsel for Newlove and others. With great parade, a paper was exhibited, purporting to be the original copy of a survey made a good many years ago by Spencer Harrison-possibly you never saw the paper, Mr. Somers?" "No! Go on."

"This survey was pretended to have been made for insertion in a deed of bargain and sale, from my grandfather, in favor of somebody or other, whose name is of no importance, as the deed was never executed. The terms of the survey, however, seemed to be drawn upon the supposition that the Astiville land extended no further than the Upper Branch, and hence your enterprising friends jumped to the conclusion that this was an acknowledg ment, by my grandfather, of the reality of that Compton title, on which the Yankees rest."

"Pretty good collateral evidence," observed Somers, "though insufficient by itself."

"But hear the issue! Mason, our chief lawyer, scrutinized the paper, and, although the writing bore a considerable resemblance to that of old Harrison, he thought he detected some differences. Harrison, you know, has been very infirm this long time,-indeed, it was reported the evening before the trial that he was on

the point of death. It is, by no means, probable that the New Yorkers supposed he was really out of the world. Mason, upon application to the judge, was allowed to send to the old surveyor's, and procure papers, in corroboration or overthrow of that which had been offered in evidence. Spencer Harrison had that morning partially revived-and in this recognize how Providence oftentimes interposes to disappoint the schemes of villainy! Harrison was not only in the possession of his mental faculties, but was able to speak with coherence and intelligibility. He informed the persons who visited him, where to find the the original field-notes of the survey alluded to. In those field-notes, which, of course, were immediately brought into Court, no mention whatever was made of either branch of the Hardwater. The truth was, that the tract of land measured -which was only of some three or four hundred acres size-did not reach so far South. Another fact also, and the judge was very much struck with it. The fieldnotes were written in an altogether different hand from that which Harrison used of later years. The person who made up this false survey, ignorant that there had been any change in the surveyor's chirography, had written in a flowing, scrawly fashion, instead of using the stiff and upright characters, which would have suited the date assigned."

"Do not stop, sir," said Somers impatiently," what happened next?"

"Well," continued Howard, "the Courtroom afforded quite an amusing scene to the lookers-on. Mallefax fidgetted about uneasily, now examining one paper, and now another, screwing up his features the while into expressions, whose like were never seen on any other countenance. Finally, he declared plumply that he did'nt know what to make of it, but that Miss Emma Newlove had given him the paper as genuine. All eyes were bent on the young lady, who, as it fortunately happened, was in the Court-room at the time. She was greatly abashed, and did not attempt to deny Mallefax's representation."

"It is a correct one, however," observed Everlyn, " as I can testify. I was present at the trial, and shared in the universal surprise excited by the revelations so unexpectedly made."

Somers, after a few moments' silent thought, inquired:

"Where is the paper supposed to have come from?"

Howard answered in a quick, decided tone, "There can be no question that Emma Newlove forged it.”

"I do not believe it," said Somers, "Tis absurd to think of such a

shortly. thing!"

"You are alone in your opinion of its absurdity, Mr. Somers. She is a smart, accomplished young lady, I am told, and quite capable of executing such a performance.

"Pshaw," returned Somers. "You, also, are capable of reading and writing; but does this amount to the same as saying that you are capable of forgery?"

You mistake me, sir," said the young man, "I did not mention the fact of Miss Newlove having received a good education, as proof, but by way of reply to an anticipated objection. There are many other more cogent reasons for believing her guilty of the crime which it is clear some one has committed. Mallefax is the only other person whom there is any ground to suspect, and Sylvester Newlove has stated since Monday, that bis daughter acknowledges having herself communicated the paper to the attorney. And if she did not forge the survey, why is no attempt made to account for its having come into her hands?"

"You may pile argument on argument, Mr. Astiville-or rather you may continue to heap up shadows of arguments, but you will sooner convince me that yonder water is flowing up hill than that Miss Newlove has done what you say."

"That is confidently spoken," exclaimed Howard mischievously, "You could not deny the charge with more earnestness if it were made against yourself."

What did the jury do?" "They failed to agree; yet a large jority were against the New Yorkers." "This is certainly a very remarkable statement," said the lawyer.

"I stand corrected, sir. I ought not to

wonder, for lawyers are accustomed of old to speak as fluently for one culprit as another, or if there be any difference in the quantity of pathos expended, it is measured out, they say, according to the amount of consideration."

"A sneer requires no answer," said Somers calmly.

"Yet," rejoined Howard, "If you so unceremoniously reject the reasons which have seemed to us sufficient to establish Miss Newlove's culpability, I think we are fairly entitled to demand in return some other proof of her innocence than a sweeping assertion. You admit, sir, that you are quite ignorant of the circumstances of the case except so far as you have been informed by us, and still you pronounce upon them with the manner of one who possesses perfect knowledge. Is this reasonable, I appeal to your own sound judgment, Mr. Somers? Is this young lady whom we supposed to have been wafted hither from Yankee-land, an angel from Heaven? Are presumptions which would overwhelm any other individual to be allowed no weight when urged against her?" "Miss Newlove has not yet been arraigned, I believe," returned Somers, nor have I been appointed her counselperhaps it will be as well to postpone the discussion till then. By that time I may become less obnoxious to the charge of ignorance which you now cast at me.”

Howard took pleasure in pressing on the other's evident reluctance. "If the Grand Jury have not taken up the matter, private persons may, notwithstanding, form their opinions."

"I admit it, Mr. Astiville, and so far am I from questioning the liberty of private judgment, that although you may entertain some very erroneous notions, I will not presume to controvert them. At present, in truth I can find more agreeable employment if Miss Everlyn will allow me to assist her to surmount that fence."

While this conversation was going on, the party had been walking slowly towards the house. They had reached the edge of the field where a high fence met them.

"I thank you," said Sidney in reply to Somers' offer of service, "but we can avoid the obstacle altogether by walking a little way to the right."

As they proceeded homeward, by the

course which Sidney pointed out, Somers contrived to keep close at her right hand. On the other side was the fence, and Everlyn and Howard walked in the rear. The latter was by no means pleased at this arrangement. He had not been prepared to see Somers place himself on such easy and familiar footing with Miss Everlyn. And compelled as he was to listen to the old gentleman's remarks upon the beauty of the wheat-field along the edge of which they were passing, jealousy enabled him to keep an eye and an ear attentive to the couple in front. He had never been a friend of Somers, and since the lawyer's open quarrel with his father, thought he had a right to hate him. That this man should step before him now with such ance, and seem to make more progress at once in the obtaining Sidney Everlyn's favor than he himself had presumed to expect after months of assiduous courtship, was intolerable. He had noticed how sensitive Somers was upon the subject of Emra Newlove, and instinct told him, that Sidney, however amiable, could not be very much gratified to hear her suitor expatiate upon the merits of another young lady; so he resolved to provoke his rival to renew the discussion which had been broken off. An opportunity was not long in occurring.

assur

Somers, during his talk with Sidney, naturally referred to the pain which her former coldness had inflicted. "I am sorry," he said, "that you should have so misjudg ed me. What could I do? I had engaged myself to these persons before I heard that father was on the opposite side; they relied upon me, and should I forsake them."

your

"But yet," said Sidney, "if you had become aware that they were in the wrong, I confess I cannot clearly comprehend how any blame could have been attached to you for withdrawing."

"No; and if I had been convinced that their claim was unfounded, not only should I have been justifiable in quitting them, but an ordinary sense of right would have compelled me to that course. Here lay the difficulty. My heart was warmly and entirely enlisted on your side-but stubborn reason will not yield to sentiment. strongly was I biassed in your father's favor, that could I have but seen the balance

So

hang even, my eyes, blinded by partiality, would easily have been persuaded that the scale in which your interests hung was the heaviest Though I tried hard, I could not deceive myself. To undertake the cause of these men, to tell them it was just, and then to turn around and, from personal considerations only, without any offence committed on their part, to break my engagement and desert them in their time of need!-I should have been dishonored forever."

"I imagine too," interposed Howard stepping up, "that your clients were gifted with such noble and attractive qualities, that on this account you could not have felt justified in leaving them to their fate."

"That is nothing to the purpose," replied the lawyer, not at all grateful for the interruption. "The character of the client should not be allowed to affect one's estimation of the case.'

"Then, we have your authority for believing these Yankee gentlemen very disagreeable persons."

"Far from it, sir. All that I have seen, induces me to regard Mr. Newlove as an upright liberal-minded man; Ralph Dubosk is an industrious and skilful farmer, and he possesses other qualities which insure him the respect of every one who knows him; it is possible that even Schrowder has some good points, though I confess I have not yet found them out."

I do think you are right about Newlove," observed Howard frankly, " He has really the look of a gentleman, and he speaks in a mild courteous tone, as if he had not been associating with oxen all his days."

Everlyn now spoke, "I must also say in justice to Mr. Newlove, that he has adhered very faithfully to the terms of the temporary agreement which has been made in relation to our respective use of certain portions of the land. A fine young horse of mine, happening to stray over into the vicinity of his dwelling, he had him caught and sent home to me, which is more neighborly conduct than is sometimes met with at the hands of persons who are neither strangers nor adversaries in a law-suit."

Ah, what a pity it is that his daughter has behaved so shamefully!" sighed Howard, in a very pathetic manner.

"Do her the justice," said Somers, "to

believe her innocent, till the contrary is established."

"How singularly matters have turned out!" continued Howard," the very means which she took to secure success, are likely to result in the overthrow of all her hopes. No jury will ever be persuaded that a cause which requires the prop of forgery, can have merits of its own to stand upon.

"For my part," said Sidney, "I am sorry if we are to owe our success to the misconduct of another. I cannot but hope, even at the risk of our losing the suit, that Miss Newlove may be able to show that the false survey did not originate with her. For the honor of our sex as well from regard to common charity, I must believe it impossible that a woman could be led by a sordid love of gain to meddle with crimes in which the lords of Creation have usually enjoyed unmolested their disgraceful monopoly.

"I thank animation,

you !" returned Somers with And be assured on my report that this young lady has in her favor not only the general presumption of her sex's innocence, but particular qualities of her own, totally incompatible with conduct such as is now charged. I wish you were acquainted with her, and could see for yourself how amiable and mild and conscientious she is."

66

66

In truth, you ought to be grateful to her, Mr. Somers," said Howard, since she has been considerate enough not to involve you in this ugly business of the survey. This very circumstance proves her to possess abilities which you have not enumerated in the catalogue of her admirable traits. She is a consummate judge of character, doubtless, and perceived that you were not the proper person to support a forgery, so she had recourse to Mallefax who, it is not unfair to believe, is troubled with few scruples. How adroitly she gave you the go-by in that letter!"

"You are altogether wrong," said Somers with heat, her motives were very different."

"What were they then?"
The lawyer was silent.

Howard resumed; "Oh, you are quite too partial to Miss Newlove, to view her procedure in the proper light. She suddenly discarded you, whom she knew to be