University of Virginia Library

17. CHAPTER XVII.
LAW AND MORALITY.

Persever met Mallex and Bainton, attended by their
legal adviser, Radley, according to appointment. The
meeting had been proposed by Persever. He desired to
ascertain the dispositions of the opposing party before
instituting any proceedings in the courts. An amicable
adjustment might be suggested, which his client, Ned Lorn,
could embrace. It would be better to be satisfied with an
ample slice, than engage in a doubtful controversy for the
whole loaf, which might result in the recovery of no bread
at all.

They met in Radley's office, where many ponderous
volumes were displayed upon the table. The last remaining
advocate of the orphan's cause immediately perceived
that the opposing party were neither to be surprised nor
intimidated. It would be useless for him to enter into a
recapitulation of the particulars of his recent journey.
They doubtless possessed his letters. His only hope was
a compromise.

“Well, Persever,” said Radley, “what have you to demand?”
He then added, in a low tone, while his principals
were whispering at a distance, “Gad, you got ten
thousand dollars once. Why was I not present? Suppose
I give you an idea now, by which as much more can be had
—will you divide the commission with me?”

“No, sir!” said Persever.

“Oh, very well! We shall be hearty antagonists. But,
Persever,” he again added in a whisper, “recollect you
are not to betray me.”

“Mr. Radley,” said the young attorney, pursuing solely
the idea which had induced him to ask the conference,
“there can be no difficulty in proving that D. L. Parke
was entitled to a very large sum. I have documents in
my possession sufficient to establish that fact.”

“Granted. Say we admit it. What then? Suppose
we grant you a cognovit; can you claim a donatio causa

mortis? Not you! There is no heir either in esse or in
posse. In short, sir, we are in a situation to bid defiance
to the whole world—unless,” he added in a very low tone,
“some distant relative of the deceased—other than this
Ned—could be produced, which might be easily done if
you and I were to go in quest of him.”

“Is that the feeling of your clients?” asked Persever,
paying no attention to the base proposition of Radley.

“It is!” said Mallex and Bainton themselves, drawing
their chairs near the table, and having heard only that
portion of the dialogue which was spoken in a loud voice.

“Then we must go into court!”

“We are prepared,” said they.

“But who is to be the plaintiff?” asked Radley.

“Aye, who employs you, Persever?” repeated Mallex.

“I am a volunteer again, I suppose,” replied Persever,
smiling, as he recollected the scene in the mayor's court.

“In whose behalf?” asked Mallex.

“Ned Lorn's. We think we can prove he is the son of
John Parke, and the nephew and heir of D. L. Parke.”

“Perhaps you can. Almost anything can be proved.
But we are assured we can produce the strongest proofs to
the contrary. You have seen the physician's certificate,
Persever,” continued Mallex; “but that is not all the testimony
we have. The nurse who attended him, and the undertaker
who shrouded and coffined him, are still living,
and ready to testify.”

“Perhaps it might be the most advisable course for us to
have the matter tried at this time,” said Radley; “for at
some future day our witnesses may be removed and our
certificate lost or destroyed. Eh, Persever? What say
you? Are you prepared to furnish the plaintiff with the
necessary means?”

Persever understood the inuendo, but made no reply.

“The funds to the credit of old Mr. Parke in bank,”
said Bainton, “cannot be applied to such a purpose.”

“You think not?” asked the young attorney.

“I am so advised by my counsel.”

“Do you lay any claim to the deceased's effects?”

“No—not exactly,” said Eugene. “But who does?
In whose behalf can you claim them?”

“In Ned Lorn's.”

“Ned Lorn's!” iterated Mallex, with a contemptuous
frown. “And can you suppose, Mr. Persever, that we intend
to lie still and suffer you to establish Ned Lorn's right
to that money? We should be fools indeed, not to perceive
what might be the effect of such a decision. You
must not suppose us to be capable of any such folly. We
are aware, as well as you can be, that the establishment of
the principle leading to the recovery of the deposit in
bank, would enable you to recover any other assets belonging
to the late D. L. Parke, as well as any that might be
claimed by the heir of his deceased brother John.”

“I presume the uncle had a right to dispose of his own
property.”

“Yes. But he made no will.”

“How do you know that?”

“I know it—and that is sufficient.”

“Documents can be produced showing, in his own hand-writing,
that he acknowledged Edward Lorn Parke to be
his nephew and heir.”

“But they were not signed,” said Mallex.

“And Edward Lorn Parke cannot be produced!” said
Eugene.

“We'll see! said Persever, rising, and feeling convinced,
however differently he might strive to appear, that his opponents
were entrenched behind almost impregnable
defences.

“You may produce his bones in court,” said Mallex;
“but nothing more. They can alarm nobody.”

“Gentlemen!” said Persever, “I believe we can arrive
at no amicable result, no settlement, no accomodation.”

“We think not!” said Mallex. “We met you at your
own solicitation, to hear what you might have to say.
We have heard you. What other result can we arrive
at, than to deem ourselves henceforth justly exempted
from every species of molestation? No one appears with
any shadow of a just claim against us—”

“You know within your own hearts, whether or not the
youth I represent is treated justly!” said Persever.

“If we have treated him unjustly,” said Bainton, “the
courts are open for him; let him seek redress.”

“I was not referring to any legal claim,” said Ned's
friend.

“And if there be merely a moral one,” said Mallex,
there was no need of a lawyer to urge it.”

“I think differently, sir!” said Persever. “A lawyer
may be a friend and moral adviser, as well as a legal advocate.
I recognize the obligations of honesty and honor, as
well as those imposed by the statutes. And I am to inform
you that I do not embark in the cause of this unprotected
youth, merely for the purpose of realizing pecuniary emolument.
Be assured that whatever may be his destiny, I
shall henceforth be his friend, in every sense of the word.
If it be necessary for him to have a legal prosecutor or defender
at the bar, I shall serve him to my utmost ability.
If he be subjected to private injuries—if his person or character
be assailed hereafter, I here solemnly declare that I
shall hold myself in readiness to vindicate his cause under
any circumstances. If there be no legal remedy, his slanderers,
whoever they may be, shall be held personally accountable.
If any violence, any murderous stratagem be
resorted to, his enemies must abide the consequences!”

“You cannot mean us, surely!” exclaimed both Mallex
and Bainton.

“You know best what the boy has already suffered. I
know the treatment which both his father and uncle—now
in their graves—received at your hands. God knows
whether or not their injuries killed them—”

“Everybody knows what killed D. L. Parke,” said Mallex.

“And who shall be answerable! Gentlemen,” continued
Persever, “You are aware that I have an intimate
knowledge of the history of the transactions of Parkes and
Bainton. Every circumstance, from the inception to the
end of the adventure, has been revealed to me. But both
the capitalists of that concern are in their graves. They
cannot molest you in the courts. They are done with the
affairs of this world, and are doubtless happy in a better one.
You believe in a future existence?”

“You are not our confessor!” said Mallex.

“True. But it might not be the worst policy for you to
confess to me what you know—what I am sure you know—
that Ned Lorn is the legitimate son and heir of John
Parke.”

“Your assumption is very unjustifiable, sir. Is it your
purpose to intimidate us?” responded Mallex.

“No; but to warn you. Injustice cannot prevail in the
end. Where a wrong has been committed, reparation must
follow; and every species of crime that is perpetrated, will
be followed sooner or later by punishment. I have made
the declaration in your presence that Ned Lorn is the rightful
heir of John Parke, his father, and of D. L. Parke, his
uncle; and that you wrongfully, criminally, withhold his
inheritance.”

“It is a grave charge, sir!” said Mallex.

“It is, sir; and unto the grave itself, will I maintain it!
I have not uttered it without weighing the consequences.
Henceforth the enemies of the boy shall be my enemies.”

“Why do you persist in saying the boy has enemies?”
asked Mallex, waiving the “grave” charge.

“Oh, perhaps I am mistaken, and after all they are his
good friends!” said Persever, ironically, and smiling bitterly.
“I had forgotten a recent tender of their love.”

“What mean you?” asked Mallex.

“Can you not guess? Have you no knowledge of a
kind, affectionate old childless gentlemen, who would provide
for the boy if he would only accompany him to a distant
city?”

“I know no such old gentleman.”

“But you may recognize his handwriting. Know you
it not?”

Persever exhibited the letter written from Camden, and
read it aloud.

“It is well!” said Mallex.

“It was a good offer!” said Bainton.

“It is well,” repeated Mallex, “that we should know
our enemies.”

“And so long as the devil serves you, rely upon it, that
while we strive not to tremble, we shall never cease to
watch and pray!” said Persever, departing abruptly.