among these new comers many who by no means resemble those who have unfortunately struck your fancy." Ah, since you plead for them," replied the young gentleman in a gallant tone, I must needs confess my precipitancy. Henceforth I am ready to esteem them as paragons. I will not call them champions of progress, but exemplars of very perfection! There are a few, however, I suppose, who are less legitimate objects of laughter than the rest-whether their better ac quaintance with Lindley Murray and the dancing master be not attended'with additional powers of knavery, is a question admitting of some doubt. This fellow, Newlove, for instance, is a more decent looking man than most of them, but judge you whether it is our duty to love him very heartily." "Do you know his daughter?" inquired Sidney. "No, but I've seen her in church," "She is handsome, is she not?" added the lady with true feminine curiosity. from our side, of course; and, by the way, I must not forget to tell you, that to prevent Somers and his clients from wearing out our patience by continual delays, it is proposed to keep secret our discovery of the stone. Taken thus by surprise, the cunning lawyer will have no room for subterfuge. How amused I shall be at his confusion, and then to see the New Yorkers spread open their great eyes and to hear them in various tones ejaculate 'sure!'" "Take good note of it by all means,' said Sidney, "so as to be able afterwards to describe the scene for my edification." "I will, most assuredly," answered Howard, "and if the account does not secure you a good laugh, it must be the fault of the reporter, for I am confident that a more mirth-exciting drama was never performed than that which is to be exhibited next Monday at Daylsborough." "It has also a very serious interest,' observed Miss Everlyn, thoughtfully. "Yes, it is a tragi-comedy," said How"ard, taking his hat to depart. "I should not call her so by any means," answered Howard. "She has rather a pleasant countenance, but that is all the praise which can be given it. Yet, Miss Newlove need not sigh for fairer features, since she has charms more certain of meet ing general appreciation." Her father is wealthy, I believe," remarked Sidney. "No, he has little or nothing, I understand. Miss Emma 'holds the lines,' to quote the characteristic expression of one of their Yankee friends. That is to say, in the langue d' oxes, Miss Everlyn, our contemned vernacular, 'she possesses a considerable fortune in her own right.' Sidney, after musing awhile, said, "Well, I am glad that it is so. If, unfortunately, our safety cannot be secured without another's loss, we should be brutal indeed not to hope that our opponent may lose without being reduced to consequent distress and poverty." "If," answered Howard," the accounts of her riches be not greatly exaggerated, she may well afford to throw away twenty or thirty thousand dollars in her jaunt to Redland." "As the corner is identified, the suit will soon be brought to a decision, I presume," observed Sidney. "At next court, probably," rejoined Howard. "No postponement will come Court day came, and great was the gathering at the county seat. Various conflicting whispers passed through the crowd. "I thought from the very first," said one, "that the Yankees were safe when they hung on to the Compton patent." Another answered-"First thoughts are not always wise thoughts, neighbor, as I reckon you'll find." A third said nothing, but gave a significant shake of the head. Finally the vague impression began to prevail very generally that the parties opposed to the New Yorkers would "go it with a rush." The important case came up in its order. Somers showed no desire for its postponement. The counsel of Everlyn and Astiville exchanged glances, but were prudent enough to dissemble their eagerness. A jury was impannelled. The elation of the adherents of the old families was now scarcely restrained. Looks were around the room, and ominous remarks made, such as "It is'nt brought in yet," "Don't be scared, it's coming, though," and "Somebody will light on somebody presently like a hawk on a June-bug." cast Somers seemed strangely unobservant of the signs of the times, or perhaps he foresaw the approaching tempest, yet was too proud to manifest apprehension. At all events, no spectator could detect the slightest ruffle in his calm-almost apathetic-composure. CHAPTER IV. MR. MASON, Astiville's principal lawyer, was disposed to allow the other side to bring forward whatever it could, before he showed his own strength. Somers, nothing backward, told the jurymen in few words, that the simple question for them to decide was, which of the Branches, or Forks, of the Hardwater was the one intended in the patent of Roland Compton? "The precise situation of the corner-stone," said he, "is a matter, in itself, of comparatively little importance. When the true Hardwater Run is found, the controversy ends. The west line of the tract in dispute-the line, I mean-connecting the two branches, is a short one, and whether it be inclined a little this way or that, can make but a difference of a few acres, and with this difference neither Mr. Astiville nor Mr. Everlyn can have any thing to do, for the land westward belongs to others. I repeat then, that all that is required of you to-day is, to decide which of the two streams is meant in Compton's patent. Now, proof is at hand that the opinion has prevailed almost universally throughout the community, that the Upper or Northern Branch is Compton's line. Recollect, if you please, gentlemen, that this universal impression is almost the strongest evidence possible for a fact of this kind. Men may be mistaken in regard to a particular cornersuch an error may even be propagated and prevail very extensively-but it is scarcely conceivable that the general belief as to the course of a line stretching for a distance of almost five miles, can be wrong." Witnesses were introduced whose testimony fulfilled his declaration. Mr. Mason admitted with great candor, that common belief, unopposed, is strong proof, "but," added he "there may be stronger. The patent calls for Hardwater Run; now which of the streams above the forks most deserves the name of Run? Surely the largest. Let any one go to-day and test them by this rule. He will find the Lower Branch a clear, steady, and not inconsiderable stream-the Upper Branch he will scarcely be able to find. He will see, indeed, a dry ditch which serves to drain the country after a thunder shower, but that is all. Run!-why, gentlemen, what does the word mean, if it be not a flowing, constant, brook?" Somers here remarked-"By the leave of my learned friend, I would suggest that the size of the channel is oftentimes a surer proof of the importance of a stream, than the quantity of water there may chance at a certain season to be in it. Examine the two branches, gentlemen, as you have been advised. What is the Lower one? My friend has correctly described it. A stream which even in this season of drought refreshes the eye with its clear-flowing current. In this respect it is distinguished above many streams which bear more imposing titles. I can lead you to a river which cannot supply sufficient water to turn a mill-wheel. What is it that gives the Lower Branch its superiority? The fact is easily explained. It happens to be fed by several springs which are remarkably lasting. Yet the Lower Branch is but a small brook. Turn to the Upper Fork. What do you see there? A dry ditch, says my learned brother. I will not quarrel with him about terms, but to me it appears a channel, empty indeed, but capable of containing without overflow the waters of the largest canal. This is July; look at it next April-what is it then? You will find that empty ditch filled to the brim with an impetuous current which a horseman cannot ford without danger. In April look also at the Lower Branch-it bears the same character as in summer-it is still a clear, small brook. You may now be curious to learn, gentlemen, how the rival streams appeared to those who planted Compton's corner stones. That is a point upon which I am fortunately able to give you satisfaction. We know from unquestionable evidence that the survey of the tract was made, not in July, but in April. The fourth corner stone was placed on the edge of Hardwater Run, and what man is there that can behold the two streams in April and doubt which deserves to be called the Run and which the Branch ?" Mr. Mason now alluded to the name, which, he said, implied that the water of the Run was hard or brackish. He inquired whether such a title was not very inappropriate to a stream supplied by rain water and summer torrents, while it may be given without obvious inconsistency to one which depends principally upon constant springs, especially when it could be shown that any of these springs really does flow with water unfit to be used in washing and for other similar household purposes, and he proffered witnesses to prove this to be the case with at least one of the springs on the Lower Branch. ter. negroes laid down their burden which was then seen to be the quarter section of a short log taken from a tree of great diameAbout twelve or fourteen inches from the heart, there appeared three little marks which might have been the gashes made by an axe when the tree was young and grown over by the new wood deposited during the many years which had since elapsed. If there be any doubt in your minds," said Mason to the jury, as to whether you see the marks of the surveyor, they will be removed by an examination of the now came forward a second time. Obeying Mason's direction, they placed this stick by the side of the first and made it evident that the two had once been united. The three marks were discernible on the edge of each. Mr. Astiville's lawyer dwelt at considerable length upon this head and seemed to produce an effect upon the jury. When he had ended, Somers rose with a subdued smile and produced a very old printed jour-other quarter of the log." The negroes nal in which mention was made of an attempt to explore the country near the mouth of a creek whose name was spelled Hedwawt. Next he showed the jury a map, like the volume, long anterior in date to Compton's letters patent, which gave some few miles of the lower portion of a stream bearing the title of Hadderwawt. Lastly, he exhibited a thin folio volume with vellum covers. This book, whose antique appearance excited much curiosity in the Court-room, proved to be a copy of one of the earliest publications relating to the colony. Somers turned to the appendix and pointed with his finger to a sentence the last clause of which read as followsa muddy creek or small river, called by the savages Hadderwawt or Hardwat." (6 Such," we call hard water." "Never mind," answered the individual spoken to, "Mason's got a good chunk of white oak to drive in next. See there what's coming, isn't that a back-log for you?" There was now quite a stir in the throng. At a signal from Mason, three stout negroes advanced, whose stooping backs and rigid muscles testified to the ponderousness of that which they were bearing. The judge was surprised, the jury stared. The By the permission and indeed suggestion of the judge, proper tools were brought, and one of the sections was hearted' as woodmen call it, that is, was cleft in the direction of the rings formed by the sap. It was now still more plain that the marks were scars of the notches made a long time previous by a hatchet or some other sharp instrument. Their number and their situation in the tree went strongly to show that they were the work of a surveyor. Mason introduced witnesses to prove that the pieces of wood then before the court had been taken from a tree standing on the edge of the Lower Branch, which tree he proceeded to argue, denoted the situation of the disputed corner. "But gentleman," he added, in a tone of modest triumph, rightful cause does not depend upon this evidence alone. I have something else to show you.' a As he beckoned with his hand, a white man stepped forward, bringing in his arms a stone some four inches thick and two feet long. Where did this come from, Mr. John "I am confident," said Mason, addressing the jury, "that I have presented to you the original fourth corner-stone. At the making of the Compton survey, there were six stones planted. The five respecting which no doubt has ever existed, are all of a dark blue slate-the stone now before you is of blue slate. The others are planted so that about two feet of the stone are above the surface of the earth. This stood with only eight or ten inches of it visible; but look at the top of it, gentleman, see how ragged and uneven it is! The others are squared and levelled at the top. It is easy to conceive that the stone by the Hardwater, has been broken since it was aced there. When it was broken I cannot tell. That it has not lately been done is evident from the weather-beaten appearance and uniform hue of the stone. The six stones were all of them inscribed with the initials R. C., for Roland Compton; they were numbered too. Do you demand that the number and initials shall be visible on this? Consider, gentlemen, that the upper portion of this piece of slate has been broken off and is lost-perhaps some overflow of the stream has swept it far from the spot-it eludes the most careful search. You cannot ask for impossibilities; my clients do all that is within their power; they bring before you what remains of the stone. Without stopping to indulge in vain regrets, let us make the best of what we have. The greater portion of the inscription is gone, but perhaps some little of it may remain. Examine the stone, the smoothest side of it-do you not see nearly the whole of the R.? Now look further along where the break unfortunately runs downward; is there not something left of the C? And can you not discern even what was once the lower part of a 4? Take it, I beg you, and study it well, remembering that those marks of the chisel, however plain they once were, have had to endure the frosts and driving storms of a century and a half. The jurymen, as they scanned the bit of slate, and followed with their fingers the faint marks upon its surface, nodded gravely to each other, as if to say, "It does look like an R. and a C. and a figure 4." Mason inquired whether any further evidence was demanded of the identity of the His stone with that which was asserted to have been found near the oak tree on the run. Somers answering in the affirmative, Timothy Gauslin was summoned. testimony was decided and unequivocal, and fully confirmed that of the witness who preceded. As the man was about to withdraw, he was detained by Somers, who expressed a desire to put an additional question or two. Tim Gauslin turned and stood with great patience, but the attorney of the New Yorkers made a considerable pause before commencing the cross-examination. The attention of all was instantly fixed. Even the sheriff's severe eye, as it swept over the crowded room, could not distinguish the slightest sign of disorder. Judge, jury, and spectators preserved a profound silence. Expectation was stimulated to the utmost. Mason himself began to feel somewhat nervous and uneasy, as he watched the calm, disembarrassed, but ominous expression of the countenance of his antagonist. When at length Somers opened his lips, it was to address not the witness, but the court. "My able and distinguished friend," he said, "has omitted to refer to one of the characteristics of the fourth stone-it marks not only a corner of the Compton tract, but the site of a grave." Mason rose at once and was about to express astonishment, or perhaps a positive denial, but the other without giving him time to speak, added, "It is well that the contested corner should be better marked than those in regard to which there is no dispute. The other stones have their still legible inscriptions to distinguish them, the fourth has this additional mark, that it is the head-stone of a grave. The fact to which I allude is, I believe, unquestionable, and requires to be established by no array of witnesses. I suppose there is not a person here who will refuse to admit it." The lawyer's keen glance, which at first had been confined to the members of the jury, now fell-whether by accident or through design-upon the elder Astiville. That gentleman sprang up and exclaimed, "Does Mr. Somers look at me? Am I to be the subject of slander and villanous insinuations?" No reply being made, however, order was immediately restored in court. Somers turning to Gauslin, inquired whether it was his opinion and belief that some one was buried near the fourth corner stone. another place, and there we came to solid rock; we tried another side and there was rock-we tried all around and every where it was the same. Within two feet of the top there's one great flat rock extending to the hill on the south side, and on the north, "It has always been understood so," answered the witness. "I know nothing more about it than the common run of folks, but I have been told it was the case and believ-reaching a distance of about ten feet, and ed it." sloping away, like, under the stump.' Mason heard this reply with extreme surprise, and as he saw the statement confirmed by the significant glances exchanged among the jurymen, and by a general hum of assent pervading the throng outside the bar, felt at a loss as to the ground he should take. But ere he had opportunity for meditation, his mind was destined to be assailed by further disturbing causes. Somers followed up his interrogatory by another. "Do you know of any investigation having been made to ascertain whether there is any grave near the spot where this stone was found?" Tim Gauslin hesitated a little, but answered "Yes." 66 Be good enough, then, sir, to tell the court about it." Gauslin after a deprecating glance towards Mr. Mason, who was frowning, terribly, said, "Well, you see, after the five of us had seen to the stone, and taken it off, it came into the heads of Peter Grimes and me to look about in a quiet way for the grave. It couldn't do any harm, and, we thought, might help to make a plain matter plainer. The man stopped, and Mason felt somewhat encouraged. "And what did you find?" asked So mers. "We found a plaguy hard customer," replied Gauslin, and again paused. The crowd excited by suspense, stood on tiptoe, looking over one another's shoulders, and striving to catch every word that shou'd be uttered. The members of the Bar forgot for the instant their professional sang-froid, and listened as eagerly as the vulgar. The Judge himself displayed more than his usual grave attention. There was one exception to the general demeanorJohn Astiville, who leaned back in his seat with folded arms and an air of dogged composure. Gauslin resumed his story, "We dug down at one side of where the stone had stood, and came to solid rock; we dug in 'Perhaps the stone has been quarried out and replaced again," Mason ventured to remark. "No," said the witness, shaking his head, "we tried it with the iron bar and it sounded dull and heavy everywhere, as if it had never been disturbed." "What kind of rock did you find it to be?" asked Somers. "Does it resemble this stone which has been brought into Court ?” "Yes, it seems about the same." Somers allowed the man to retire, and then observed to the Jury, "the head-stone, it is very clear, yet remains to be found, and it is for you to decide whether we can have seen the corner-stone." "There is the tree, however," said Mason, "plainly bearing the surveyor's mark. Do not be led away, gentlemen, by vague traditions, when you have before you evidence like this, real, substantial, and that cannot be mistaken. Here you have a witness that has come from the depths of the forest to speak to you-a witness hitherto carefully concealed by the hand of nature, because its testimony was not needed till to-day in support of right and justice. This is not a short-lived man in whose declaration you are required to believe; not a weak, frail being who sees a transaction this morning in order to forget it the morrow-no; but a witness who existed in hardy vigor at a period when the oldest among you was yet unborn, and whose memory retains the impression then made upon it with a tenacity as enduring as the tough fibres which constitute its frame. That oak as it stood by the side of the Hardwater, bore no outward sign of what was within. How think you then was it found-by accident? Far otherwise. There were those who, knowing their rights, knew where to look for arguments to defend them. You may send a woodman to fell a thousand trees along that run and in not one of them will you find, as in this, the indelible imprint of the surveyor's hatchet. |
