did. But on being confronted with the other witnesses, they said that
the signer had been clean shaven, and about of the same height; that the room had been dimly lighted, and that they were not prepared to swear that Persimmons was not the signer. Then Persimmons, being indignant, and having had two goes of whiskey with Leek, lifted up his voice, and swore to his own identity, and gave an account of himself, and declared that his name was not and never had been John Simons, nor J. Simmons, nor Persimmons, because he was not a Simmons at all, but one James Thwaite, and had changed his name when he left England, because he had been unjustly disqualified as a jockey, for roping Mr. Cranstoun’s mare in the Thousand Guineas. All of which further complicated matters, while the other witnesses grew more and more conscientiously sure that he was the man who had signed with them, and wished to see him in a brown jacket. Persimmons owned that he possessed such a garment, but refused to put it on to play Punch and Judy for a couple of noodles, which almost produced a free fight in Mr. Brett’s private office, and did not improve things at all, for the two witnesses promptly swore that this was the same Persimmons who had signed with them, and they should have liked to know whether a disqualified jockey were a proper person to sign with respectable persons like themselves--they should like to know that, once for all. And they departed, much ruffled. Privately questioned, Mr. Russell said that he had given Mr. Lauderdale no advice as to the selection of his witnesses. He supposed that Mr. Lauderdale, who had made at least two other wills in the course of his life, might have been expected to understand what was required of witnesses. The Brights’ legal adviser told him that it was the duty of a lawyer to tell his client how to make the signatures on a will legal. Mr. Russell thrust his hands into his pockets and looked on. But the Brights’ lawyer began to think that things looked queer, and that he might not get the will through probate after all. He had not expected such a check at the outset. He had anticipated a fight over much more complicated questions.
The Brights tried to ascertain whether the court would admit the will to probate on the testimony of the two reliable witnesses. It seemed pretty clear that the court would not hear of it. There had been a recent case, argued the Brights, in which the testimony of one witness had been held to be sufficient to establish the signatures of the others, though at least one of the others was living at the time in a remote part of the world. They were told that this was all very well, but that in the case quoted there had been no question of any one of the witnesses being a legatee, still less of that one having given an assumed name and not being an American citizen, and that furthermore, in that case, there had been no prospect of any litigation arising between the heirs, because there had been only one heir, and excepting two small legacies, he would have got the fortune just as surely if the deceased had died intestate; and finally, that the Brights had better not come into court with any such trumped-up case, which was unkind to the Brights, because the will was in their favour, and they were not trumping up a case, but defending one.
Then Persimmons, finding that eighty millions of money depended upon his having signed or not signed the will, and that no one had, as yet, offered him so much as a drink, save Leek, the butler, went privately to Alexander Lauderdale Junior, and made certain propositions which immediately resulted in his being kicked into the middle of Broad Street by an unfeeling person in brass buttons, who answered to the name of Donald McCracken, having red hair, large bones, and a Scotch accent--very terrible.
On the advice of friends, Persimmons attempted to recover damages for indignities and bruises received on the premises of the Trust Company, and the popular feeling in the stables was with him. But he got nothing but the promise of more kicks, payable at sight, by Donald McCracken, and the hexecrations of Mister Leek who perceived that ‘is hannuity was vanishing before ‘is very heyes.
And now no lawyer would make bold to say in his heart whether Persimmons had signed or had not signed, and the war raged furiously, and the Lauderdales, being in possession of the will, swore that they would bring it to probate without delay, and that the Brights ought to be very much pleased at this, as they had been so anxious to get the will probated without delay. But the Brights were less anxious to do so than they had been a few days earlier, and looked about them for means of strengthening testimony. Also, the whole story was well ventilated in the newspapers.
Then came a man privately to Hamilton Bright and said that he was John Simons, who spelled his name in the right way, and had been the witness of the will. He was in difficulties, and was obliged to hide from his creditors; but if a small sum of money were forthcoming--and so forth. Bright looked at him, and he was clean-shaven, and of average height, and wore a brown jacket. Bright hesitated, and then called the other witnesses, who unhesitatingly swore that the man who had signed was Persimmons and not this Simons. And nothing more was heard of the man in the brown jacket to this day. But another clean-shaven man of average height with another sort of brown jacket appeared the next morning, and many more after him, very much alike. But the departure of them from the office was much more precipitate than that of the first. And this also was in the morning and evening papers, and still the will was unprobated, and lay in Mr. Allen’s safe. After that the lawyers on each side began to accuse one another of causing delay, and while they were quarrelling about it the delay continued, and the public jeered, and the actors at Harrigan and Hart’s introduced jokes about the Lauderdale will which brought the house down, until Teddy Van De Water, chancing to be in the audience, took friendly action, and requested that the name should not be introduced in future. At this the public of the theatre took offence, and called all the Lauderdales gilt-edged galoots, and by other similar epithets commonly applied to the Four Hundred by a godless population which has not the fear of millions before its eyes, but rather a desire for the same.
About this time the quality of the cigars smoked by Alexander Lauderdale Senior suddenly improved at a wonderful and miraculous rate, so that in a few days he was brought by successive stages of delight from the ‘Old Virginia Cheroot,’ at ten cents for a package of five, to the refinement of Havanas, at thirty cents apiece, after which of his own accord he returned to what are known as Eden Bouquets from Park and Tilford’s. He smoked in silent surprise, not unmixed with an old man’s cunning curiosity, and not without much internal amusement. Reporters also came often to see him, ostensibly to make enquiries about the vast charities in which he was chiefly interested; but in reality they came cynically to have a look at him, and to tell the public what probabilities of life remained to him in which to enjoy his half of the Lauderdale fortune. Most of them came to the conclusion that he might live many years longer.
In the Lauderdale household there was peace during these days. Katharine had returned, and had been received by her father with reticent affection, and nothing more had been said about her offering an apology for her hasty speeches. From time to time the Ralstons were spoken of in connection with the family affairs, and then Alexander suggested to his wife that they might be asked to dinner. It would, in his favourite phrase, tend to cement the union between the two branches of the family which stood together in the great contention, pitted against the Brights and the Crowdies.
They came, and their coming was an event. Even the servants took an interest in it. Ralston and Lauderdale shook hands rather spasmodically, and each looked at Katharine’s arm a moment later, recalling the words they had exchanged when they had last met, and the blow and the struggle after it, and many other things of a similar nature. The Ralstons were very quiet, but behaved naturally and made conversation, avoiding the subject of the will as much as possible. After dinner John and Katharine sat in a corner for nearly half an hour, as they used to do long ago in the early days of their love-making, and Alexander Junior seemed well satisfied, and resolutely turned his back on them and talked with Mrs. Ralston.
John remembered having told his mother, when Katharine was still at the Brights’, that the next time Katharine entered her father’s house she should go as his wife; but fate had managed matters otherwise. Until the question of the fortune was settled, it would be as well to keep the marriage a secret. It could only be a question of days now. That was clear enough from Alexander’s face, which expressed his certainty of triumph as clearly as his cold features could express anything. His electric smile flashed more frequently than it had done for many years, and his steely eyes glittered in the light. But he had grown thin of late, for it was hard to wait so long before realizing the miser’s dream.
In the night, when he lay awake, he had a wild idea which haunted him in the dark hours, though it never crossed his brain during the daylight. He thought of realizing a whole million in gold coin, and of revelling in the delight of pouring it from one hand to another. He had a million of his own, in a very realizable shape, but somehow he would not have risked that, so long as he had not a second. Some one might rob him--one could never tell. He should like to be alone with the gold in his own room for one hour, and then know that it was safe. He considered whether the gas-light in his dressing-room were strong enough to make the metal glitter. Electric light would be better.
It was a childish thought, and in the daytime he paid no attention to it, but at night it came upon him like hunger or thirst, drying his lips and driving away sleep. Then, in order to quiet his brain, he had to promise himself that he would really do the thing he longed to do as soon as it lay in his power. But in the morning, when he stood before his shaving-glass, and looked into his own hard eyes, he laughed scornfully.
So things went on for a few days more. Then Alexander arose and said that there should be no more delay, but that the will should be brought to probate at the next session of the court, which does not sit every day. And then the excitement grew more intense, and the Brights and the Lauderdales avoided one another in the street. Ralston still went regularly to the bank and saw Hamilton Bright every day. But though they were friends still, and there had been no unfriendly word spoken between them, they met as little as possible and merely nodded quickly when a meeting was unavoidable. But Ralston was displeased by the notice he attracted whenever he got up from his seat or sat down again. Occasionally an acquaintance of one of the numerous young gentlemen in the bank came in, and it was rarely that, after exchanging a few words with his friend, the stranger did not turn and glance at John, where he sat. Ralston did not like it, but he could do nothing against it.
Then came the day of judgment. Without warning the Brights produced a man whom they believed to be the real John Simons, and who swore that he had signed the will in the presence of the testators and in the presence of the other witnesses.
This was a terrible blow to the Lauderdale side. But the other witnesses had previously sworn to and signed a statement, extracted from them by the Lauderdales, to the effect that Persimmons was the man who had signed with them; and whether the John Simons now present, who was a genuine John Simons of some kind, were the right one or not, they had no intention of laying themselves open to a possible action for perjury, and stuck to their original testimony, regardless of the fact that the witness now confronted with them, being also clean shaven, of average height, and possibly the possessor of a brown jacket, was a perfectly respectable citizen of New York. At this the legal advisers of the Brights were thunderstruck, and the court was surprised. But with the fear of prosecution by the Lauderdales before their eyes, the other two would not budge, though the real John Simons, whether he had signed or not, immediately threatened to prosecute them for perjury on his own account. But he did not look imposing enough, and they preferred that risk to the other.
In the face of such conflicting evidence the court ruled that, the witnesses not agreeing, the will could not be admitted to probate, and there was clearly nothing to be done but to give judgment that the deceased had died intestate, and that administrators must dispose of the property between the next of kin, Alexander Lauderdale Senior, and Katharine Lauderdale, widow of the late Admiral Ralston of the United States Navy.
When Alexander Junior heard the judgment he laughed hysterically, and showed his brilliant teeth. Hamilton Bright said nothing, but he, who generally reddened under emotion, turned white to his neck and under his ears.
“That’s all very well,” said Mr. Allen to Mr. Henry Brett, as they walked away together. “But if he didn’t happen to destroy the will I made for him, there may be trouble yet. I wonder where it is!”
But nobody seemed to know.