condition. Meanwhile the triumphant lady
entered on her hard-won property.
In four years time she married again; but
within a month the new husband had to
separate from her, owing, as her opponents were
ungallant enough to inform the House of Lords
in mixed legal and every-day vernacular, "to
the violent and ungovernable temper of the
said lady, and her desire and determination to
rule the said gentleman in the same manner as
she had ruled and governed the said Caesar
Coclough"—an unhandsome and needless aggravation.
The same legal mind proceeds to relate
how "an honourable but verbal agreement"
was entered into between the separated parties,
that he was to be guaranteed from all liability
in any possible future litigation—a most
characteristic specimen of a solicitor-like view of
things, as though in their minds and experience,
honour was not usually associated with any
matters not in writing. And this theory was
certainly fortified by their experience in this
case, as they declared, that when her interest
required it, the imperious lady tried to cast the
whole responsibility on her separated husband.
However, after so long an interval as ten
years, the relatives, who had been ingeniously
kept from legal proceedings by certain arrangements
of the estates, contrived by their clever
enemy, determined to take the field. Long
lists of counsel were enrolled; all the heavy
howitzers and mortars of the Irish and English
bars, and the light flying artillery were called
out. Then began the usual edifying
expenditure of clients' money. The disastrous
litigation commenced, and in Hilary Term, 1852, the
two great line-of-battle ships, heavily armed,
and crowded with men, were successfully towed
into the Irish Court of Chancery, and began the
battle. The result of this first meeting was a
putting off of the matter to another time, and to
another tribunal, and an " issue was directed" to
a local jury. Some months further on, all was
ready again, and down went the howitzers and
the artillery, every gun having splendidly
"served out" to it handsome special fees,
retainers, refreshers, and what not. The imperious
lady was present during the whole trial, but
quite disdained to appear, or to enter the
witness-box. The jury found against her, that
the last made will was not the "last will," and
that it had been obtained by undue influence.
This was no victory, but a mere repulse of the
advanced guard, and notice was presently served
of an application for a new trial. It was set
down for hearing, when the counsel were
"retained"—but was directed to stand over " until
the judge furnished his notes."
Meanwhile the vigilant relatives discovered
that the lady's agents were hard at work,
tampering with their witnesses, "endeavouring to
persuade them that their former evidence was
untrue, and urging them to confess the same,
which they refused to do,"and regular affidavits
sworn to this effect. But at last, after
motions, and no doubt consultations, the big
vessels were again tugged into the Court of
Chancery, about a year after they had been
towed out for " the issue," and the Chancellor,
having taken three months to brood over the
matter, and having heard arguments for seven
days, declared that the jury was right, and
that he could not disturb their decision. Upon
the next day the cause was further heard. An
appeal was of course had to the House of Lords,
who, after due time, reversed the verdict, and
ordered a new trial. Here was good news for
the profession: new refreshers, consultations, &c.
Meanwhile the untiring lady, exhausting
every shape of strategy, had craftily instituted
a little suit on English territory: an ejectment
as to the house at Cheltenham.
The object of this was by a side wind, as it
were, to obtain the prestige of a verdict from
an English jury, and thus come over
triumphantly, with drums beating and flags flying.
Hitherto everything might seem to have gone
well with her. She had the authority of the
highest tribunal in the land, and she had what
certainly seemed a very good case. For what was
more natural, than that a man, who cordially
disliked all his relatives, who had fought a duel
with one (after which they remained bitter
foes—a duel being usually certain to reconcile
even the most bitter Irish foes), who conceived
that he had been badly and cruelly treated by
them, should choose to leave his estates to the
woman whom he had married for love, and who
was latterly his only friend and companion. To
the English jury at Cheltenham her case
commended itself most reasonably, and it was
noted that Lord Campbell, who tried it, treated
her with the most scrupulous politeness, and
even indulgence. It seemed a hard case:
why should not the affectionate wife receive
this testimonial of her husband's regard? Still
there was one difficulty which seemed to press
on the mind of the judge—the exclusion of the
relatives. One of them, Sarsfield, had made
his way to the gate, imploring to be allowed
in. She explained this perfectly. This person
had sent in a letter, which, when read by the
dying man, had quite inflamed and excited him,
and he had determined him not to admit him.
She actually had it there and produced it. The
other side made no appearance, and she of
course obtained her verdict.
But they had taken the precaution to have a
short-hand writer, sitting in a retired corner of
the court, who was taking down every word;
and when the Irish counsel read what was thus
reported about the letter they were bewildered.
She had made her case too symmetrical, and
they did not forget that at the first trial it
had been distinctly proved how Sarsfield
Coclough came to the gate, had sent up his
letter, and how it had been contemptuously
sent out to him again, unopened, with threats.
What could she have meant, or what letter was
it? Whatever was the explanation, she had
thus cured the weak portion of her case in the
only part that seemed to support the charge of
undue influence, and of keeping away his
relations from his bedside. To solve this problem
keen wits were set to work, wits of solicitors,
brain and wisdom of the eloquent lawyer who
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