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THE WAYS OF THE HOUR
“Individuals of the public may refuse to purchase, and there
their rights cease. An opera, in particular, is a very expensive
amusement; and in all countries where the rates of admission
are low, the governments contribute to the expenditures. This
is done from policy, to keep the people quiet, and possibly to
help civilize them; but, if we are not far beyond the necessity
of any such expedients, our institutions are nothing but a sublime mystification.”
“It is wonderful, ‘Squire, how many persons see the loose
side of democracy, who have no notion of the tight! But, all this
time, our client is in gaol at Biberry, and must be tried next
week. Has nothing been done, ‘Squire, to choke off the newspapers, who have something to say about her almost every day.
It’s quite time the other side should be heard.”
“It is very extraordinary that the persons who control these
papers should be so indifferent to the rights of others as to allow such paragraphs to find a place in their columns.”
“Indifferent! What do they care, so long as the journal sells?
In our case, however, I rather suspect that a certain reporter
has taken offence; and when men of that class get offended,
look out for news of the colour of their anger. Isn’t it wonderful, ‘Squire Dunscomb, that the people don’t see and feel that
they are sustaining low tyrants, in two – thirds of their silly
clamour about the liberty of the press?”
“Many do see it; and I think this engine has lost a great deal
of its influence within the last few years. As respects proceedings in the courts, there never will be any true liberty in the
country, until the newspapers are bound hand and foot.”
“You are right enough in one thing, ‘Squire, and that is in
the ground the press has lost. It has pretty much used itself
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JAMES FENIMORE COOPER
up in Duke’s; and I would pillow and horse – shed a cause
through against it, the best day it ever saw!”
“By the way, Timms, you have not explained the pillowing
process to me.”
“I should think the word itself would do that, sir. You know
how it is in the country. Half a dozen beds are put in the same
room, and two in a bed. Waal, imagine three or four jurors in
one of these rooms, and two chaps along with ‘em, with instructions how to talk. The conversation is the most innocent
and nat’ral in the world; not a word too much or too little; but
it sticks like a bur. The juror is a plain, simple – minded countryman, and swallows all that his room – mates say, and goes
into the box next day in a beautiful frame of mind to listen to
reason and evidence! No, no; give me two or three of these pillow – counsellors, and I’ll undo all that the journals can do,
in a single conversation. You’ll remember, ‘Squire, that we get
the last word by this system; and if the first blow is half the
battle in war, the last word is another half in the law. Oh! it’s a
beautiful business, is this trial by jury.”
“All this is very wrong, Timms. For a long time I have known
that you have exercised an extraordinary influence over the
jurors of Duke’s; but this is the first occasion on which you
have been frank enough to reveal the process.”
“Because this is the first occasion on which we have ever
had a capital case together. In the present state of public opinion in Duke’s, I much question whether we can get a jury empannelled in this trial at all.”
“The Supreme Court will then send us to town, by way of
mending the matter. Apropos, Timms”
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THE WAYS OF THE HOUR
“One word if you please, ‘Squire; what does à propos re-
ally mean? I hear it almost every day, but never yet knew the
meaning.”
“It has shades of difference in its significationas I just used
it, it means `speaking of that.’ “ “And is it right to say à propos
to such a thing?”
“It is better to say à propos of, as the French do. In old Eng-
lish it was always to; but in our later mode of speaking, we say
`of.’ “
“Thank you, sir. You know how I glean my knowledge in
driblets; and out in the country not always from the highest
authorities. Plain and uncouth as I know I appear to you, and
to Miss Sarah, I have an ambition to be a gentleman. Now, I
have observation enough to see that it is these little matters,
after all, and not riches and fine clothes, that make gentlemen
and ladies.”
“I am glad you have so much discrimination, Timms; but,
you must permit me to remark, that you will never make a
gentleman until you learn to let your nose alone.”
“Thank you, sir I am thankful for even the smallest hints
on manners. It’s a pity that so handsome and so agreeable a
young lady should be hanged, Mr. Dunscomb!”
“Timms, you are as shrewd a fellow, in your own way, as I
know. Your law does not amount to any great matter, nor do
you take hold of the strong points of a case very often; but you
perform wonders with the weaker. In the way of an opinion on
facts, I know few men more to be relied on. Tell me, then, frankly,
what do you think of the guilt or innocence of Mary Monson?”
Timms screwed up his mouth, passed a hand over his brow,
and did not answer for near a minute.
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JAMES FENIMORE COOPER
“Perhaps it is right, after all, that we should understand
each other on this subject,” he then said. “We are associated as
counsel, and I feel it a great honour to be so associated, ‘Squire
Dunscomb, I give you my word; and it is proper that we should
be as free with each other as brothers. In the first place, then, I
never saw such a client before, as this same lady for lady I suppose we must call her until she is convicted”
“Convicted! You cannot think there is much danger of that,
Timms?”
“We never know, sir; we never know. I have lost cases of
which I was sure, and gained them of which I had no hopes
cases which I certainly ought not to have gained ag’in all law
and the facts.”
“Ay, that came of the horse – shed, and the sleeping of two
in a bed.”
“Perhaps it did, ‘Squire,” returned Timms, laughing very
freely, though without making any noise; “perhaps it did.
When the small – pox is about, there is no telling who may
take it. As for this case, ‘Squire Dunscomb, it is my opinion we
shall have to run for disagreements. If we can get the juries to
disagree once or twice, and can get a change of venue, with a
couple of charges, the deuce is in it if a man of your experience
don’t corner them so tightly, they’ll give the matter up, rather
than have any more trouble about it. After all, the state can’t
gain much by hanging a young woman that nobody knows,
even if she be a little aristocratical. We must get her to change
her dress altogether, and some of her ways too; which, in her
circumstances, I call downright hanging ways; and the sooner
she is rid of them, the better.”
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THE WAYS OF THE HOUR
“I see that you do not think us very strong on the merits,
Timms, which is as much as admitting the guilt of our client. I
was a good deal inclined to suspect the worst myself; but two
or three more interviews, and what my nephew Jack Wilmeter
tells me, have produced a change. I am now strongly inclined
to believe her innocent. She has some great and secret cause of
apprehension, I will allow; but I do not think these unfortunate Goodwins have anything to do with it.”
“Waal, one never knows. The verdict, if `not guilty,’ will be
just as good as if she was as innocent as a child a year old. I see
how the work is to be done. All the law, and the summing up,
will fall to your share; while the out – door work will be mine.
We may carry her through though I’m of opinion that, if we
do, it will be more by means of bottom than by means of foot.
There is one thing that is very essential, sir the money must
hold out.”
“Do you want a refresher so soon, Timms? Jack tells me
that she has given you two hundred and fifty dollars already!”
“I acknowledge it, sir; and a very respectable fee it is you
ought to have a thousand, ‘Squire.”
“I have not received a cent, nor do I mean to touch any
of her money. My feelings are in the case, and I am willing to
work for nothing.”
Timms gave his old master a quick but scrutinizing glance.
Dunscomb was youthful, in all respects, for his time of life; and
many a man has loved, and married, and become the parent
of a flourishing family, who had seen all the days he had seen.
That glance was to inquire if it were possible that the uncle
and nephew were likely to be rivals, and to obtain as much
165

JAMES FENIMORE COOPER
knowledge as could be readily gleaned in a quick, jealous look.
But the counsellor was calm as usual, and no tinge of colour,
no sigh, no gentleness of expression, betrayed the existence of
the master passion. It was reported among the bachelor’s intimates that formerly, when he was about five – and – twenty,
he had had an affair of the heart, which had taken such deep
hold that even the lady’s marriage with another man had not
destroyed its impression. That marriage was said not to have
been happy, and was succeeded by a second, that was still less
so; though the parties were affluent, educated, and possessed
all the means that are commonly supposed to produce felicity.
A single child was the issue of the first marriage, and its birth
had shortly preceded the separation that followed. Three years
later the father died, leaving the whole of a very ample fortune
to this child, coupled with the strange request that Dunscomb,
once the betrothed of her mother, should be the trustee and
guardian of the daughter. This extraordinary demand had not
been complied with, and Dunscomb had not seen any of the
parties from the time he broke with his mistress. The heiress
married young, died within the year, and left another heiress;
but no further allusion to our counsellor was made, in any
of the later wills and settlements. Once, indeed, he had been
professionally consulted concerning the devises in favour of
the granddaughter a certain Mildred Millington who was a
second – cousin to Michael of that name, and as rich as he was
poor. For some years, a sort of vague expectation prevailed that
these two young Millingtons might marry; but a feud existed
in the family, and little or no intercourse was permitted. The
early removal of the young lady to a distant school prevented
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THE WAYS OF THE HOUR
such a result; and Michael, in due time, fell within the influence of Sarah Wilmeter’s gentleness, beauty, and affection.
Timms came to the conclusion that his old master was not
in love.
“It is very convenient to be rich, ‘Squire,” this singular be-
ing remarked; “and I dare say it may be very pleasant to practise for nothing, when a man has his pocket full of money. I am
poor, and have particular satisfaction in a good warm fee. By
the way, sir, my part of the business requires plenty of money.
I do not think I can even commence operations with less than
five hundred dollars.”
Dunscomb leaned back, stretched forth an arm, drew his
cheque – book from its niche, and filled a cheque for the sum
just mentioned. This he quietly handed to Timms, without asking for any receipt; for, while he knew that his old student and
fellow – practitioner was no more to be trusted in matters of
practice than was an eel in the hand, he knew that he was
scrupulously honest in matters of account. There was not a
man in the state to whom Dunscomb would sooner confide
the care of uncounted gold, or the administration of an estate,
or the payment of a legacy, than this very individual; who, he
also well knew, would not scruple to set all the provisions of
the law at naught, in order to obtain a verdict, when his feelings were really in the case.
“There, Timms,” said the senior counsel, glancing at his
draft before he handed it to the other, in order to see that it
was correct; “there is what you ask for. Five hundred for expenses, and half as much as a fee.”
“Thank you, sir. I hope this is not gratuitous, as well as the
services?”
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JAMES FENIMORE COOPER
“It is not. There is no want of funds, and I am put in pos-
session of sufficient money to carry us through with credit;
but it is as a trustee, and not as a fee. This, indeed, is the most
extraordinary part of the whole affair; to find a delicate, educated, accomplished lady, with her pockets well lined, in such
a situation!”
“Why, ‘Squire,” said Timms, passing his hand down his
chin, and trying to look simple and disinterested, “I am afraid
clients like ours are often flush. I have been employed about
the Tombs a good deal in my time, and I have gin’rally found
that the richest clients were the biggest rogues.”
Dunscomb gave his companion a long and contemplative
look. He saw that Timms did not entertain quite as favourable
an opinion of Mary Monson as he did himself, or rather that
he was fast getting to entertain; for his own distrust originally
was scarcely less than that of this hackneyed dealer with human vices. A long, close, and stringent examination of all of
Timms’s facts succeeded facts that had been gleaned by collecting statements on the spot. Then a consultation followed,
from which it might be a little premature, just now, to raise
the veil.
168

CHAPTER IX
“ Her speech is nothing,
Yet the unshaped use of it doth move
The hearers to collection. They aim at it,
And botch the words up fit to their own thoughts.”
Hamlet.
The reader is not to be surprised at the intimacy which
existed between Thomas Dunscomb and the half – educated
semi – rude being who was associated with him as counsel in
the important cause that was now soon to be tried. Such intimacies are by no means uncommon in the course of events;
men often overlooking great dissimilarities in principles, as
well as in personal qualities, in managing their associations,
so far as they are connected with the affairs of this world. The
circumstance that Timms had studied in our counsellor’s office would, as a matter of course, produce certain relations between them in after – life; but the student had made himself
useful to his former master on a great variety of occasions, and
was frequently employed by him whenever there was a cause
depending in the courts of Duke’s, the county in which the
unpolished, half – educated, but hard – working and successful county practitioner had established himself. It may be
questioned if Dunscomb really knew all the agencies set in
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JAMES FENIMORE COOPER
motion by his coadjutor in difficult cases; but, whether he did
or not, it is quite certain that many of them were of a character not to see the light. It is very much the fashion of our
good republic to turn up its nose at all other lands, a habit
no doubt inherited from our great ancestors the English; and
one of its standing themes of reproach are the legal corruptions and abuses known to exist in France, Spain, Italy, &c.; all
over the world, in short, except among ourselves. So far as the
judges are concerned, there is a surprising adherence to duty,
when bribes alone are concerned, no class of men on earth
being probably less obnoxious to just imputations of this character than the innumerable corps of judicial officers; unpaid,
poor, hard – worked, and we might almost add unhonoured,
as they are. That cases in which bribes are taken do occur, we
make no doubt; it would be assuming too much in favour of
human nature to infer the contrary; but, under the system of
publicity that prevails, it would not be easy for this crime to
extend very far without its being exposed. It is greatly to the
credit of the vast judicial corps of the States, that bribery is an
offence which does not appear to be even suspected at all; or,
if there be exceptions to the rule, they exist in but few and isolated cases. Here, however, our eulogies on American justice
must cease. All that Timms has intimated and Dunscomb has
asserted concerning the juries is true; and the evil is one that
each day increases. The tendency of everything belonging to
the government is to throw power directly into the hands of
the people, who, in nearly all cases, use it as men might be supposed to do who are perfectly irresponsible, have only a remote,
and half the time an invisible interest in its exercise; who do
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