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CHAPTER VIII. LAWYERS vs. THE ROGUES.
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Page 74

8. CHAPTER VIII.
LAWYERS vs. THE ROGUES.

Mr. Parke and his young friend called at the widow
Dimple's, and gave that lady the information they possessed
in regard to Tim.

“Can he not be got out of prison?” asked the animated
widow, (who was not more than thirty,) after listening
attentively to the narration of Persever. “I will be his
security for any amount of money. I know him to be
honest and truthful.”

“I am rejoiced to hear you say so, madam, because the
testimony of others this morning seemed to throw a shade
of doubt upon his statement. But if you can vouch so
emphatically for his veracity, and bear witness of his good
character, it will go far towards bringing him off with flying
colors.”

“I can do so, and will do so, most freely and conscientiously,”
replied Mrs. Dimple. “And I hope you will
oblige me, Mr. Persever, by undertaking to procure his
liberation immediately.”

“That I fear would be impossible, madam,” said the
young lawyer, “because, as I have said, Dr. Castor declares
the one whom Tim assaulted (Persever had hitherto
avoided mentioning the name of Mallex) is in danger, and
may die of his injuries.”

“Dr. Castor! Why the good man declares that every
little ailment is a serious matter, and would tell you that
the scratch of a needle might be dangerous. No doubt he
was requested to make the statement, and did it to oblige
some friend. Thus they impose on him. Did he make
oath to it?”

“No; it was not deemed necessary.”

“Pray who is this person, so dangerously wounded by
Tim,—the most inoffensive creature in the world.”

“Shall I tell her?” asked he of Mr. Parke, in a
whisper.


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“You cannot avoid it. Her curiosity is roused, and she
must be satisfied.

“Mr. Job Mallex, madam.”

“Impossible! Why, it was Mr. Mallex who sent him
off on some errand last evening, since which time I have
seen neither of them.”

“It is true, I assure you.”

“Then Tim may be set at liberty; for I have a note
from Mr. Mallex written within an hour, with an apology
for not being able to accompany a friend to my house this
morning according to appointment. He says an accidental
fall, producing a slight contusion on his temple, must prevent
him from attending. But he declares that he suffers
no pain, and is only withheld from coming by the ugly patch
on his face.”

The lawyers exchanged glances.

“Would you permit me to have possession of that note,
madam?” asked Persever.

“I can see no objection to it, since I have told you its
contents. Go, Alice, and fetch it from the card basket.”
Mrs. Dimple had sent word to her little daughter that Ned
had returned to Susan; and Alice had risen immediately
from her couch, quite recovered, and joined her mother in
the parlor.

“This may possibly be useful,” said Persever, on receiving
the note from Alice. “If not, I shall not use it.”

“Oh, do please get poor Tim out of the horrid prison,”
said Alice.

“I beseech you!” added her mother; “how, else, shall
we have our drive to-day?”

“We will hold a consultation and do our utmost,” said
Mr. Persever.

The gentlemen then departed, leaving the widow in an
agony of conjecture how it could happen that Tim should
be the assailant of Mr. Mallex; and for what purpose that
gentleman had undertaken to carry off poor Ned Lorn.

The two lawyers ascended to the diminutive room described
in the first chapter, where they held a protracted
conference.

It appeared that the two Parkes, induced by the glowing
accounts of large profits to be realized in the southwestern


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trade, between American adventurers and the
Mexican merchants, had invested large sums in merchandize,
and entered into partnership with Eugene Bainton,
who, although without capital himself, was to have one-third
of the profits for his services in the superintendence
of the business. Not only did the two brothers expend
their money in the enterprize; they likewise became responsible
for a considerable debt. A large amount of merchandize
had been bought on credit. Liabilities had likewise
been contracted for an outfit, consisting of wagons,
stock, &c., with which to cross the plains.

Relying confidently on the talents and integrity of Eugene,
for many months the eastern partners in the western
adventure enjoyed the pleasing anticipation of speedily
realizing a sufficient gain to meet all their desires for the
remainder of their lives; and at the same time, they indulged
the benevolent conviction that they were laying
down a broad foundation upon which Eugene might build
an ample fortune for himself.

But when the period arrived for the grateful return to
be made, they received letters from their junior partner,
informing them, to their dismay, that he had been under
the necessity of disposing of his merchandize at Sante Fe,
Chihuahua, and Sonora, at an enormous sacrifice. He
said the country was filled with merchants; that but little
money was to be had; that most of his sales were made in
the first instance on credit; and that those whom he trusted,
after disposing of their goods, had either lost the money at
faro, or otherwise become insolvent, so that he could not
collect anything. He went on to state how he had exerted
himself to save all he could from the wreck of the adventure;
how he had invested the money received from the
few who had paid him the cash for their goods, in mules,
which if he had succeeded in getting them safely into the
United States, would have yielded an enormous profit, and
might have covered the other losses. But unfortunately,
they were taken from him in the night by the Indians.
Thus he retuurned, as he declared, without funds, to St.
Louis, Missouri, where he thought he should remain.
There might be a probability, he stated, of receiving a remittance
from the bankrupt Mexicans. They might win


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it at the gambling houses, and send it to him at St. Louis,
by some one of the caravans continually passing over the
plains between Missouri and the Mexican states.

Upon the receipt of this intelligence the eyes of the
brothers were opened. From information derived from the
correspondence of other adventurers, who had reaped large
gains, they felt that they had been made the victims of
Bainton. He had been tempted, and yielded. No considerations
of gratitude, no calculations of future consequences,
had been sufficient to confine him within the
limits of the path of honor. The crime had been committed,
and they, although with untarnished reputation,
were to bear the immediate penalty.

Their creditors being clamorous, they did not hesitate to
make arrangements for the immediate surrender of whatever
property they possessed to satisfy the just demands
against the firm. It was while smarting under the effects
of the cruel dishonesty of their junior partner, that Mr.
John Parke had written to Bainton at St. Louis in regard
to the wretchedness and ruin he had wrought; and in reply
he had received the two letters (just before his death)
which Eugene was so anxious to get into his possession.
The first stated that he had taken the benefit of the bankrupt
act, at St. Louis, as the western liabilities had been
contracted solely in his name; and he had in this manner
disposed of the unsatisfied demands in that region, as well
as elsewhere, so far as he was concerned. But he hoped
nevertheless, soon to surprise his brother-in-law with a remittance.
For, in a fit of desperation, he had rushed to
a gambling establishment in that city, and staked, upon the
turn of a card, every dollar he possessed, with the resolution
(as he declared) to blow out his brains, in the event
of losing. But fortune smiled upon him. He won. He
continued to play, and broke the bank. He did not state
the amount of his winnings, but it might be inferred they
were very considerable. This fund, so disreputably obtained,
he had securely invested, so that no one who had
claims against him (although they could make no legal
demand) should know of its existence. But it was his
purpose, “after matters were quieted down and smoothed


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over a little,” as he expressed it, to divide the proceeds of
his good fortune with his brother-in-law.

The other letter, of a subsequent date, conveyed the
important intelligence that a portion of their demands
against the Mexican merchants, had been collected by the
agent he had appointed to attend to his affairs in that
country. This money had been sent to the Messrs. Morales,
bankers in the city of Mexico, to be forwarded to
New Orleans via Vera Cruz, and from thence it would be
remitted to a house in St. Louis, subject to his order. Immediately
upon its receipt, Mr. Mallex would pay over to
the Parkes the whole amount. With many congratulations
in anticipation of so joyful an event, Bainton concluded
by assuring his brother in law, (and desired him to repeat
the assurance to D. L. Parke Esq.,) that he was resolved
to repair the injury his unfortunate expedition had caused,
to the utmost of his ability.

Shortly after the reception of the last of these letters,
Mr. John Parke expired, and was followed a few days
subsequently by his broken-hearted wife. Mr. D. L. Parke
himself, supposed to be almost in articulo mortis, had no
information respecting the contents of these letters.
Everything, but the black chest entrusted to Susan,
seemed to fall into the hands of Mallex. He had received
the proceeds of the sale of the estates of the Parkes.
By some means he had come into possession of the notes
of the firm. It was thought he had purchased them at a
large discount; and all this, too, when it was known he
had been, but a short time before, as destitute of fortune
as Mr. Eugene Bainton himself. Having exacted the last
dollar on the sale of the property, he could do nothing
more, and hardly less, than to dispose of the bodies of his
victims in decent burial. This done, he took Ned away,
no one knew whither, until it was ascertained by Susan,
and Mr. D. L. Parke, that under some pretence, and for
some unexplained cause, the child had been sent to the
house of refuge.

Such were the revelations made by Mr. Parke to his
young auditor, who sat silently by, never once interrupting
him, but attentively weighing every word and circumstance
unfolded to his understanding.


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“We have them!” he exclaimed, at length, when his
senior had finished his narrative. “I can distinctly recollect
to have heard one of the cashiers say that Mallex
received a vast amount of his funds from St. Louis, when
alluding to the stock-jobber's and bill-broker's history.
No doubt the drafts had been deposited in his bank.
Having this clue, however, we may ascertain with precision
whether any remittances were received at the time alluded
to; and I know of those who will be able to trace out the
nature and amount of the investments of Mallex at any
given time, or during any period.”

“That might furnish us data,” said Mr. Parke; “but
the question is, how shall we be able to make them disgorge?
That the story about the sacrifices, insolvent
debtors, and robbery by the Indians, was altogether a false
elucidation of a series of fraudulent transactions, I have
no doubt. It was a deliberate swindle, and Mallex and
Bainton have been partners in the iniquity, perhaps from
the beginning. We must proceed with caution. You
might obtain important information in Missouri. It might
be advantageous even to cross the plains, and see the gentlemen
with whom he had his business operations.”

“True,” replied Persever; “and I would willingly
undertake the mission, were it not for the want of means.
You are poor, and I, with a family to support, no better
off. I have activity and energy, it is true, and contrive to
live. But what would become of my little ones during a
prolonged absence of their purveyor? I doubt if they
would find even a Mallex to provide for them in my absence.
And yet, my dear sir, I cannot bear the idea of
relinquishing the pursuit of these bad men for a moment.
They are prodigiously rich; or rather they possess a vast
amount of money and property which should belong to you
and poor Ned, if indeed the boy is the son of your
deceased brother.”

“I am sure he is—but, possibly, Susan's tale in regard
to his mother—”

“May not be true,” added Persever.

“Were it not for the hope of the recovery of his fortune
from Bainton, I should not regret to find that the lad


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had none of that man's blood in his veins,” said Mr. Parke,
being interrupted by a slight fit of coughing.

“I was about to propose an interview with Bainton and
Mallex,” said Persever. “It strikes me that with these
letters, which, thanks to Susan, were timely separated from
the rest, we might bring those gentlemen to terms as
regards yourself. A portion of the money which, by
Bainton's confession, was sent to the city of Mexico, and
was doubtless subsequently received by him and transmitted
to Mallex, justly and undeniably belongs to you as
one of the partners in the venture. If they admit this, it
seems to me it would not be bad policy for you to demand
it, and to receive it. They cannot require from you a
quittance of all demands; a simple receipt is all that will
be requisite. It might even be well to manifest an
apparent indifference in regard to any further investigation—”

“Right! My young friend you have cracked the shell
—and the idea is full-fledged already! We will go as unsuspecting,
humble friends, obliged, and grateful for any
crumbs they may be pleased to let fall from their table.
No snarling, no showing of our teeth—until the proper
time.”

“True, sir, that is the idea. We have to deal with dishonest
men, with whom it is often wisdom to dissemble.
At present we will not push for the identity of Ned.”

“No, if we get anything, though, Ned shall have the
benefit of it.”

“Nor will we allude to the fact that other adventures in
the same expedition were successful,” continued Persever.

“Nor drop a hint which may warrant an inference that
we have the slightest particle of a design to pursue ulterior
measures. My young friend, it was a lucky star that
threw you in my way. Both being poor, our brace of rich
rascals will naturally conceive the idea that they can stop
our tongues by filling our mouths. Our humility will seem
real, and not as the result of stratagem. We will be
reasonable. A few thousands of our own money must
content us as long as it lasts; and when it is expended,
perhaps we may induce them to pay over another instalment.


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Thus they will supply the ammunition to carry on
the war, until the mask is thrown aside.”

“Yes, sir. It would be too humiliating, I own, to pursue
such a course, with any others than men lost to all
principles of honor; but with these I conceive it to be
altogether justifiable. A time will come for bold defiance
and open warfare. Then we shall deal them the additional
mortification of avowing the motives for our present conduct.
We shall inform them that while they supposed us
to be the dupes of their patronizing liberality, we were
deliberately preparing the means for their effectual overthrow—an
overthrow and retribution demanded by justice
—we being the instruments employed for the accomplishment
of her purposes.”

Such was the decision of the legal gentlemen. This was
to be the first step, and it was determined to put it in
execution immediately. So they lost no time in repairing
to the presence of the enemy.