Monday, the 9th of November, was the day set down for the trial of the case which had assumed the name of "Lovel versus Murray and Another." This denomination had been adopted many months ago, when it had been held to be practicable by the Lovel party to prove that the lady who was now always called the Countess, was not entitled to bear the name of Lovel, but was simply Josephine Murray, and her daughter simply Anna Murray. Had there been another wife alive when the mother was married that name and that name only could have been hers, whether she had been the victim of the old Earl\'s fraud,—or had herself been a party to it. The reader will have understood that as the case went on the opinions of those who acted for the young Earl, and more especially the opinion of the young Earl himself, had been changed. Prompted to do so by various motives, they, who had undertaken to prove that the Countess was no Countess, had freely accorded to her her title, and had themselves entertained her daughter with all due acknowledgment of rank and birth. Nevertheless the name of the case remained and had become common in people\'s mouths. The very persons who would always speak of the Countess Lovel spoke also very familiarly of the coming trial in "Lovel v. Murray," and now the 9th of November had come round and the case of "Lovel v. Murray and Another" was to be tried. The nature of the case was this. The two ladies, mother and daughter, had claimed the personal property of the late lord as his widow and daughter. Against that claim Earl Lovel made his claim, as heir-at-law, alleging that there was no widow, and no legitimate child. The case had become infinitely complicated by the alleged existence of the first wife,—in which case she as widow would have inherited. But still the case went on as Lovel v. Murray,—the Lovel so named being the Earl, and not the alleged Italian widow.
Such being the question presumably at issue, it became the duty of the Solicitor-General to open the pleadings. In the ordinary course of proceeding it would have been his task to begin by explaining the state of the family, and by assuming that he could prove the former marriage and the existence of the former wife at the time of the latter marriage. His evidence would have been subject to cross-examination, and then another counter-statement would have been made on behalf of the Countess, and her witnesses would have been brought forward. When all this had been done the judge would have charged the jury, and with the jury would have rested the decision. This would have taken many days, and all the joys and sorrows, all the mingled hopes and anxieties of a long trial had been expected. Bets had been freely made, odds being given at first on behalf of Lord Lovel, and afterwards odds on behalf of the Countess. Interest had been made to get places in the court, and the clubs had resounded now with this fact and now with that which had just been brought home from Sicily as certain. Then had come suddenly upon the world the tidings that there would absolutely be no trial, that the great case of "Lovel v. Murray and Another" was to be set at rest for ever by the marriage of "Lovel" with "Another," and by the acceptance by "Lovel" of "Murray" as his mother-in-law. But the quidnuncs would not accept this solution. No doubt Lord Lovel might marry the second party in the defence, and it was admitted on all hands that he probably would do so;—but that would not stop the case. If there were an Italian widow living, that widow was the heir to the property. Another Lovel would take the place of Lord Lovel,—and the cause of Lovel v. Murray must still be continued. The first marriage could not be annulled, simply by the fact that it would suit the young Earl that it should be annulled. Then, while this dispute was in progress, it was told at all the clubs that there was to be no marriage,—that the girl had got herself engaged to a tailor, and that the tailor\'s mastery over her was so strong that she did not dare to shake him off. Dreadful things were told about the tailor and poor Lady Anna. There had been a secret marriage; there was going to be a child;—the latter fact was known as a certain fact to a great many men at the clubs;—the tailor had made everything safe in twenty different ways. He was powerful over the girl equally by love, by fear, and by written bond. The Countess had repelled her daughter from her house by turning her out into the street by night, and had threatened both murder and suicide. Half the fortune had been offered to the tailor, in vain. The romance of the story had increased greatly during the last few days preceding the trial,—but it was admitted by all that the trial as a trial would be nothing. There would probably be simply an adjournment.
It would be hard to say how the story of the tailor leaked out, and became at last public and notorious. It had been agreed among all the lawyers that it should be kept secret,—but it may perhaps have been from some one attached to them that it was first told abroad. No doubt all Norton and Flick knew it, and all Goffe and Goffe. Mr. Mainsail and his clerk, Mr. Hardy and his clerk, Serjeant Bluestone and his clerk, all knew it; but they had all promised secrecy. The clerk of the Solicitor-General was of course beyond suspicion. The two Miss Bluestones had known the story, but they had solemnly undertaken to be silent as the grave. Mrs. Bluestone was a lady with most intimately confidential friends,—but she was sworn to secrecy. It might have come from Sarah, the lady\'s-maid, whom the Countess had unfortunately attached to her daughter when the first gleam of prosperity had come upon them.
Among the last who heard the story of the tailor,—the last of any who professed the slightest interest in the events of the Lovel family,—were the Lovels of Yoxham. The Earl had told them nothing. In answer to his aunt\'s letters, and then in answer to a very urgent appeal from his uncle, the young nobleman had sent only the most curt and most ambiguous replies. When there was really something to tell he would tell everything, but at present he could only say that he hoped that everything would be well. That had been the extent of the information given by the Earl to his relations, and the rector had waxed wrathful. Nor was his wrath lessened, or the sorrow of the two aunts mitigated, when the truth reached them by the mouth of that very Lady Fitzwarren who had been made to walk out of the room after—Anna Murray, as Lady Fitzwarren persisted in calling the "young person" after she had heard the story of the tailor. She told the story at Yoxham parsonage to the two aunts, and brought with her a printed paragraph from a newspaper to prove the truth of it. As it is necessary that we should now hurry into the court to hear what the Solicitor-General had to say about the case, we cannot stop to sympathize with the grief of the Lovels at Yoxham. We may, however, pause for a moment to tell the burden of the poor rector\'s song for that evening. "I knew how it would be from the beginning. I told you so. I was sure of it. But nobody would believe me."
The Court of Queen\'s Bench at Westminster was crowded on the 9th of November. The case was to be heard before the Lord Chief Justice, and it was known that at any rate Sir William Patterson would have something to tell. If nothing else came of it, the telling of that story would be worth the hearing. All the preliminaries of the trial went on, as though every one believed that it was to be carried through to the bitter end,—as though evidence were to be adduced and rebutted, and further contradicted by other evidence, which would again be rebutted with that pleasing animosity between rival lawyers, which is so gratifying to the outside world, and apparently to themselves also. The jurors were sworn in,—a special jury,—and long was the time taken, and many the threats made by the Chief Justice, before twelve gentlemen would consent to go into the box. Crowds were round the doors of the court, of which every individual man would have paid largely for standing-room to hear the trial; but when they were wanted for use, men would not come forward to accept a seat, with all that honour which belongs to a special juryman. And yet it was supposed that at last there would be no question to submit to a jury.
About noon the Solicitor began his statement. He was full of smiles and nods and pleasant talk, gestures indicative of a man who had a piece of work before him in which he could take delight. It is always satisfactory to see the assurance of a cock crowing in his own farm-yard, and to admire his easy familiarity with things that are awful to a stranger bird. If you, O reader, or I were bound to stand up in that court, dressed in wig and gown, and to tell a story that would take six hours in the telling, the one or the other of us knowing it to be his special duty so to tell it that judge, and counsellors, and jury, should all catch clearly every point that was to be made,—how ill would that story be told, how would those points escape the memory of the teller, and never come near the intellect of the hearers! And how would the knowledge that it would be so, confuse your tongue or mine,—and make exquisitely miserable that moment of rising before the audience! But our Solicitor-General rose to his legs a happy man, with all that grace of motion, that easy slowness, that unassumed confidence which belongs to the ordinary doings of our familiar life. Surely he must have known that he looked well in his wig and gown, as with low voice and bent neck, with only half-suppressed laughter, he whispered into the ears of the gentleman who sat next to him some pleasant joke that had just occurred to him. He could do that, though the eyes of all the court were upon him; so great was the man! And then he began with a sweet low voice, almost modest in its tones. For a few moments it might have been thought that some young woman was addressing the court, so gentle, so dulcet were the tones.
"My lord, it is my intention on this occasion to do that which an advocate can seldom do,—to make a clean breast of it, to tell the court and the jury all that I know of this case, all that I think of it, and all that I believe,—and in short to state a case as much in the interest of my opponents as of my clients. The story with which I must occupy the time of the court, I fear, for the whole remainder of the day, with reference to the Lovel family, is replete with marvels and romance. I shall tell you of great crimes and of singular virtues, of sorrows that have been endured and conquered, and of hopes that have been nearly realised; but the noble client on whose behalf I am here called upon to address you, is not in any manner the hero of this story. His heroism will be shown to consist in this,—unless I mar the story in telling it,—that he is only anxious to establish the truth, whether that truth be for him or against him. We have now to deal with an ancient and noble family, of which my client, the present Earl Lovel, is at this time the head and chief. On the question now before us depends the possession of immense wealth. Should this trial be carried to its natural conclusion it will be for you to decide whether this wealth belongs to him as the heir-at-law of the late Earl, or whether there was left some nearer heir when that Earl died, whose rightful claim would bar that of my client. But there is more to be tried than this,—and on that more depends the right of two ladies to bear the name of Lovel. Such right, or the absence of such right, would in this country of itself be sufficient to justify, nay, to render absolutely necessary, some trial before a jury in any case of well-founded doubt. Our titles of honour bear so high a value among us, are so justly regarded as t............