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第52章

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After the court opened its session; it became doubtful at one moment; whether the cause would he tried at that term; but others which preceded it having been disposed of; the Stanley suit was at length called。

On one side appeared William Stanley; the plaintiff; with Messrs。 Reed and Clapp as counsel; a number of witnesses had been summoned by them; and were now present; mingled with the audience。 On the other hand were the defendants; Mr。 Wyllys; Hazlehurst; Ellsworth; and Mr。 Grant; a distinguished lawyer of Philadelphia; appearing more particularly for Mrs。 Stanley; they were also supported by witnesses of their own。

While the preliminary steps were going on; the jury forming; and the parties interested making their arrangements; the court…room filled rapidly with the friends of Hazlehurst; and a crowd of curious spectators。 Among the individuals known to us; were Robert Hazlehurst; Mr。 Stryker; and Charlie Hubbard; the young artist; who found that his want of inches interfered with his view of the scene; and springing on a bench; he remained there; and contrived to keep much the same station throughout the trial; his fine; intelligent countenance following the proceedings with the liveliest interest: Harry soon perceived him; and the young men exchanged friendly smiles。 Mr。 Stryker was looking on with cold; worldly curiosity; while Robert Hazlehurst watched over his brother's interest with much anxiety。 In one sense the audience was unequally divided at first; for while Harry had many warm; personal friends present; the sailor was a stranger to all; the aspect of things partially changed; however; for among that portion of the crowd who had no particular sympathies with the defendants; a number soon took sides with the plaintiff。 The curiosity to see the sailor was very great; at one moment; in the opening of the trial; all eyes were fixed on him; nor did Harry escape his share of scrutiny。

It was immediately observed; by those who had known the late Mr。 Stanley; that the plaintiff certainly resembled his family。 He was dressed like a seaman; and appeared quite easy and confident; seldom absent from court; speaking little; but following the proceedings attentively。 His counsel; Mr。 Reed; bore a calm and business…like aspect。 Clapp was flushed; his eye was keen and restless; though he looked sanguine and hopeful; running his hand through his dark curls; he would lean back and make an observation to his client; turn to the right and whisper something in the ear of Mr。 Reed; or bend over his papers; engrossed in thought。

The defendants; on their side; were certainly three as respectable men in their appearance; as one would wish to see; they looked; moved; and spoke like gentlemen; in manner and expression they were all three perfectly natural; simple; easy; but firm; like men aware that important interests were at stake; and prepared to make a good defence。 Mr。 Grant; their colleague; was an insignificant…looking man when silent; but he never rose to speak; without commanding the whole attention of his audience by the force of his talent。

The judges were…well known to be respectable men; as American magistrates of the higher grade are usually found to be。 In the appearance of the jury there was nothing remarkable; the foreman was a shrewd…looking man; his neighbour on the left had an open; honest countenance; two others showed decidedly stupid faces; and one had a very obstinate expression; as if the first idea that entered his head; on any subject whatever; was seldom allowed to be dislodged。

Such was the appearance of things when the trial commenced。 Leaving the minutiae of the proceedings to the legal report of Mr。 Bernard; understood to be in the press; we shall confine ourselves to a brief; and very imperfect outline of the speeches; and the most important points of the testimony; merely endeavouring to give the reader a general idea of the course of things; on an occasion so important to Hazlehurst。

Mr。 Clapp opened the case in a regular speech。 Rising from his seat; he ran his fingers through his hair; and commenced; much as follows:

〃We come before you on this occasion; gentlemen of the jury; to plead a cause which it is believed is unprecedented; in its peculiar facts; among the annals of justice in our great and glorious country。 Never; indeed; should I have believed it possible that an American citizen could; under any circumstances whatever; have been compelled during so long a period to forego his just and legal rights; ay; that he could be forced to the very verge of abandoning those rightsall but forced to forget them。 Yet; such are the facts of the case upon which you are now to decide。 The individual appearing before you this day; claiming that the strong arm of the law be raised in his behalf; first presented himself to me; with the very same demand; six years since; to my shame I confess it; he was driven unaided from my doorI refused to assist him; he had already carried the same claim to others; and received from others the same treatment。 And what is this claim; so difficult to establish? Is it some intricate legal question? Is it some doubtful point of law? Is it a matter which requires much learning to decide; much wisdom to fathom? No; gentlemen; it is a claim clearly defined; firmly established; never yet doubted; never yet denied: it is a claim; not only recognized in the common…law of every land; protected in the statute…books of every nation; but it is a claim; gentlemen; which springs spontaneously from the heart of every human beingit is the right of a son to his father's inheritance。 A right; dear alike to the son of one of our merchant princes; and to the son of the porter on our wharves。〃

〃Mr。 Clapp paused; he looked about the court; rested his eyes on his client; ran his fingers through his curls; and then proceeded。

〃Gentlemen; I have told you that it is the right of a son to his father's inheritance; which we this day call upon you to uphold。 It is more; it is the sacred cause of the orphan that you are to defend。 Yes; gentlemen; at the moment when William Stanley should have taken possession of the inheritance; which was his by the threefold title of nature; of law; and of parental bequest; he was a mere boy; a minor; a wanderer on the deep; one of that gallant class of men who carry the glorious colours of our great and happy country into every port; who whiten every sea with American canvasshe was a roving sailor…boy!〃

And setting out from this point; Mr。 Clapp made a general statement of the case; coloured by all the cheap ornaments of forensic eloquence; and varied by allusions to the glory of the country; the learning of all judges; particularly American judges; especially the judges then on the bench; the wisdom of all juries; particularly American juries; especially the jury then in the box。 He confessed that his client had been guilty of folly in his boyhood; 〃but no one; gentlemen; can regret past misconduct more than Mr。 Stanley; no son ever felt more deeply than himself; regret; that he could not have attended the death…bed of his father; received his last blessing; and closed his eyes for the last time!〃 Mr。 Clapp then read parts of Mr。 Stanley's will; gave an outline of his client's wanderings; and was very particular with names and dates。 The sailor's return was then described in the most pathetic colours。 〃He brought with him; gentlemen; nothing but the humble contents of a sailor's chest; the hard…earned wages of his daily toil; he; who in justice was the owner of as rich a domain as any in the land!〃 The attempts of this poor sailor to obtain his rights were then represented。 〃He learned the bitter truth; gentlemen; that a poor seaman; a foremast hand; with a tarpaulin hat and round…jacket; stood little chance of being heard; as the accuser of the rich and the powerfulthe men who walked abroad in polished beavers; and aristocratic broad…cloths。〃 Aristocracy having once been brought upon the scene; was made to figure largely in several sentences; and was very roughly handled indeed。 To have heard Mr。 Clapp; one would have supposed aristocracy was the most sinful propensity to which human nature was liable; the only very criminal quality to which

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