Mr. Hogarth's Will


Chapter XII.

What Can Be Made Of It?

Early on the following morning Francis began his researches; but the TIMES and other journals of the date Mrs. Peck mentioned, which he searched through, proved quite barren of intelligence. The passenger-lists he could not find complete anywhere; the newspapers more especially devoted to these matters contained the passenger-list of the 'Lysander' bound for Sydney, for the first and second cabin, and in the latter the names of Mrs. Ormistown and Miss E. Ormistown were mentioned; but for the American ship, in which he supposed his real mother had sailed, there was no mention of any passengers except those in the first cabin; and in all probability, she being a poor woman, would sail in the steerage. There were also three vessels sailing for New York very close upon one another at the time, and he could not be sure in which the passage had been taken. Mrs. Peck said the ship was to sail the next day; but her own vessel had been rather hurried to go with the tide, and there was no saying whether that was the case with the American one. But in all the American ships there was no mention of the names of the fore-cabin passengers. Then the police reports gave no account of any complaint having been made about an exchanged child, and when he eagerly turned to the coroner's inquests there was nothing to be seen there either. The mother had probably been too distressed with grief to observe the substitution, or too anxious not to lose her passage to stop to make inquiries if she had had any suspicion—teething convulsions are not at all uncommon among children of that age, and a stranger in London was likely to get no redress under such circumstances, even if she had the courage to attempt it There was so little likely motive for any one to take away a living child and leave a dead one, that she was sure to have been laughed to scorn if she had suggested such a thing to the landlady of the house.

Francis, disappointed in the newspapers, next went to the lodging-house, but it had been pulled down and another substituted in its place, and of course no one could tell anything about the obscure woman who had kept it. A London Directory for 18—gave her name as Mrs. Martha Stubbs, which did not agree with the name which Mrs. Peck reported, which was Mrs. Dawson. This was a bad beginning to his search for corroborative evidence; but he put an advertisement in the TIMES and WEEKLY DISPATCH for her under both names, in hopes that she might recollect something about a child dying in convulsions in her house, in the absence of its mother, just before a lodger left her house to go to Sydney with another child of the same sex and age. This, after a lapse of thirty-five years, was a desperate chance, but it was the only course open to Francis, and he took it.

Next he went to Edinburgh and inquired in New Street, in the old town, for the woman, Violet Strachan, who had let the lodgings where the real Francis Hogarth was born, and where the irregular marriage had also taken place. Thirty-five years in a city like Edinburgh, with an eminently migrating population, is a far more unmanageable period than in a country town, where people inhabit the same houses from one generation to another, and where, even if the persons whom you wish to discover are dead, there are neighbours who recollect about them. This second search was fruitless, so he could only advertise for Violet Strachan, and that he also did.

Next he went to his friend Sinclair, and opened his budget of news to him. Sinclair had been in America, and he might have chanced to have heard something of some one who had had a doubtful baby found dead on the bed just before its mother sailed. If this had been a sensation novel, Mr. Sinclair would have been sure to have known all about it, and have turned out to be the father or the uncle of his friend—he was of the age to be either; but as this is not a sensation novel, he could not throw any light on the dark subject, and could only give his sympathy, and offer to take any amount of trouble on Francis's behalf. His only advice was that he should advertise in the States' leading papers, if he really wanted to know, for some one who emigrated in May 18-, in one of the three ships which had sailed about that time, who had lost a child in convulsions that might not have been her own; requiring some particulars about the age and the house at which the death was believed to have taken place.

"It is a thousand to one against your getting an answer," said Mr. Sinclair. "But what makes you so anxious to prove this? It can do no good."

"Only this, that if Jane Melville can be proved not to be my cousin, I can marry her and keep Cross Hall and my seat in Parliament. If it cannot be proved, then I must give up everything, and go to Melbourne and ask if she will have me without a penny."

"Oh, is that it?" said Sinclair. "I am the more bound to do all I can to help you. We cannot spare you from the House, nor from the country. But, after all, Hogarth, one woman is as good as another, and your career should not be lightly sacrificed."

"One woman as good as another!" exclaimed Francis.

"Not exactly so; but there are many women as good as Miss Melville. I grant that she is a fine woman, and one of excellent principles and understanding; but not just the sort of person one could go into heroics about. I do not say that as a companion and friend her place could be filled up to you by such women as Miss Crichton or any of the Jardine girls, or even by Eliza Rennie. But Mary Forrester—what do you think of Mary Forrester? You should not let such a girl leave the country. She is handsomer, younger, and every bit as good as Miss Melville."

"She is a very fine girl, no doubt, but do not speak of her in the same breath with Jane Melville. I owe so much to Jane: if it had not been for her, I would never have been so valuable even to you."

"Well, then, let us see what is to be done to suit your wishes. Shall I go with you to MacFarlane's?"

"I will be very glad indeed of your company," said Francis.

Mr. MacFarlane was very much surprised at the strange business which had brought Hogarth from his parliamentary duties to consult him upon. He read carefully the document which Alice had forwarded, and listened to Francis's account of the inquiries he had made so unsuccessfully, before he ventured on giving any opinion.

"This is very possibly true, Mr. Hogarth," said he, at last; "indeed very probably true. I think with you that this woman, Elizabeth Ormistown, and her mother, were capable of doing anything that would bring them in money; but the secret has been kept too long—much too long. They did their work skilfully, without accomplices, and without leaving any traces of their proceedings. This confession is not worth the paper it is written on in a court of law, and you have failed in all your efforts to get corroborative evidence. There is no use in inquiring about Violet Strachan; she is dead three years ago. I paid her, on Hogarth's account, a small weekly sum, that she used to come to my office for to keep her from destitution, but that payment is at an end. The other witness could only prove the irregular marriage, which there is no doubt about, as Henry Hogarth owns to it in his will. The only evidence that would be worth anything is that of your real mother, and there is no saying if she is not dead too. I think the chances are that she is," said Mr. MacFarlane, turning up the annuity tables for the chances of life at the supposed age of thirty-two, which Mrs. Peck had given as the probable age of her neighbour in the lodging-house, after a period of thirty-four years. "If alive, there is no getting at her, and after all—CUI BONO?"

"I am attached—very deeply attached—to my supposed cousin, Jane Melville. I want to be free to marry her. I am convinced that she is not my cousin, and you know the will said that it was on condition of not marrying or assisting either of my cousins that I was to hold the property. If I have convinced you of the feasibility of the case—that I am not related in the slightest degree to the Misses Melville—would not the benevolent societies to which Mr. Hogarth left his property, in case of my disobeying his injunctions, see it also?"

"One man, or one society of men, might be convinced," said Mr. MacFarlane, "and would make a compromise with you on very easy terms; but I doubt if five distinct corporations would do so."

"There is no one who has any right to object, except these societies," said Francis, "or any object in doing so."

"Those clauses forbidding marriage as a condition of inheriting property, or of receiving yearly incomes, are always mischievous," said Sinclair; "they are contrary to public morals."

"Henry Hogarth," said Mr. MacFarlane, "who was a clever man, and in some respects a wise man, did the foolishest things in important matters that ever I heard of. First, his marriage with that girl. I saw her once at the house he lodged in; and a glaikit lassie I thought her. Next, the education of his nieces, which was absolutely nonsensical; and then putting such a clause into his will, as if he meant that you should take a fancy to each other—for prohibitions of that kind just put mischief into young folks' heads."

"Then do you see the absence of family likeness that Elsie relies so much upon? You knew Elizabeth Ormistown when she was young—she saw her an old woman."

"I am no hand at likenesses," said MacFarlane, "and did not pay much attention to the girl; but I think both she and Henry were fair and low-featured, and you are dark and high-featured. But that is of no use either, as you know."

"Then, by a rigid interpretation of the will, you think the societies would be able to dispossess me, if I married Jane, and could not prove this story of Mrs. Peck's to be true."

"I think I know it pretty well by heart, but we had better turn to it," said Mr. MacFarlane, and he looked out the document he had himself drawn out, and read it aloud to Francis and Mr. Sinclair.

"Now you see that the great purpose and bent of Mr. Hogarth's will was to impoverish his nieces, to force them to act and work for themselves. Not merely marriage, but any other way of assisting them was forbidden. He certainly meant to enrich you, because he thought you deserved it, but in case of your not co-operating with him in his principal object, the property was to go away from you altogether. The Misses Melville have made their way in the world remarkably well—much better than I could have thought possible. I think he acted both cruelly and unjustly to them, but as they have so well conquered their difficulties, the matter had better be left as it is."

"Then," said Francis, "you think that even if I had satisfactory proof from my real mother to corroborate Elizabeth Ormistown's confession, and could make it incontestably plain that I am not related to Miss Melville, so that I do not, in marrying her, marry my cousin, it would be considered in law as invalidating my right to the property—that by doing so I am assisting Jane Melville, which was forbidden as clearly as the marriage."

"It is a very strong point. If I were the legal adviser of any one of these benevolent associations, I certainly would recommend them to contest it; at the same time, with the proof which you speak of, I would enjoy fighting it out with them. In a court of law the decision would be against you, under the most favourable circumstances; but if we took it to the Equity Courts I think your chance would be better, for there is a growing feeling there that it is not right for people to bequeath property clogged with vexatious restrictions. Yet, at the same time, all who think well of these five charitable institutions—and they are the very best-managed of the kind in Scotland—Mr. Hogarth showed judgment in his selection—will think taking the property from a man who had, according to his own showing, no right to it, for the sake of the poor and afflicted, really a good work. Public feeling will be against you where you are not personally known."

"God knows it is not for myself that I wish to keep Cross Hall, nor yet for Jane herself," said Francis. "But my life lies out before me so clearly that at no period have I had more to give up than now."

"If you had the evidence you wish for (which I see very little chance of your getting), and married Miss Melville, then, of course, the societies would come upon you. You have got possession, you might keep them at bay for years, and in the meantime you might have interest enough with your political friends to get something good in the way of a government appointment. We hear you well spoken of in the House as a man likely to distinguish himself."

"Not in the way of getting government appointments," said Francis—"quite in a contrary direction. But without the evidence, then, what would you advise?"

"To let the matter rest. Indeed, I think it is useless to disquiet yourself about discovering your real parents. These long-lost relations never amalgamate well. I have seen several instances of it, and they were very disappointing."

"Then," said Francis, "I suppose the only thing for me to do is to make out a deed of gift to each of these societies in the order in which Mr. Hogarth left the property to them. The personal estate I have certainly trenched upon a little, but all to the benefit of the heritable estate. Cross Hall is in better condition now than when I succeeded to it. If I have given away on the very easiest terms some of the worst land on the estate, I have improved the better, and I have spent a large sum in new cottages. I have lived within my means; even my election expenses were saved out of the current income."

"You do not mean to say," said Mr. MacFarlane, "that you are going to take so wild a step as this? What good end can you secure by throwing up your handsome fortune in this way?"

"Don't propose such a thing yet; think a little, Hogarth," said Sinclair.

"I am sure the figure you are making in the House would delight my old friend Harry's heart," said Mr. MacFarlane; "just in the way he would have liked to do himself; getting in in such an honourable way too. I heard Prentice say that he never saw anything so open and above board and so pure as your canvassing. If you are not Harry's son, you deserve to be, and it is no fault of yours. You are like a chip of the old block in your ways of thinking. It is quite possible you are his son after all: this woman is not to be believed one way or another. To give up all this for the sake of a pair of grey eyes, and a pair of healthy-looking cheeks that nobody ever even thought handsome, is a young man's folly."

"Yes, and a head and a heart, and a few other things," said Francis.

"She would never be so unreasonable as to wish or expect you to do it," said Mr. Sinclair.

"She would not expect me to do it, I know. I cannot regret my career more than she will do; but I love her, and I believe she loves me; and, please God, we will begin the world together."

"I was sorry for the girls," said MacFarlane, "very sorry. You could see that when I read the will to you; but they have really done very creditably. In spite of the most absurd education in the world, one of them got a capital situation as a governess; and the other did very well indeed, I hear, at some sort of woman's work. It's the youngest that is going to be well married in Australia, and very likely the other will do the same."

"I think it is very likely she will," said Francis.

"But if she is married to some one else before you go out—they do these things very quickly at the antipodes," said Mr. MacFarlane. "There—the first mail after their arrival, we hear of Alice Melville being engaged to be married."

"I will trust her," said Francis. "She will surely wait till she hears how I receive this news. Even at the worst I can console myself with your friend, Mr. Sinclair; she will be at hand, and that is a great matter."

"Don't give it up so rashly. I'd rather fight it out to the death than that. At any rate, you might keep possession of Cross Hall for a while till you made your way in public life," said Mr. MacFarlane.

"The plan of action I had laid out for myself was not likely to succeed for ten or twenty years, in all probability; and the lawsuit, if protracted to the utmost, would likely go against me at last—I see it would; and the only effect would be that the benevolent societies would come to the property when it had been reduced about one half by litigation. With all due respect for you personally, Mr. MacFarlane, I think money spent in law the very worst investment for all parties concerned, and for the world in general. No, it shall be given up at once."

"But," said Sinclair, "it would be unfair to yourself to begin the world at greater disadvantage than before you were left the property."

"Yes, I think it would," said Francis. "I might represent the case to them in that light. I am satisfied with your opinion, Mr. MacFarlane; but on a question of such importance, you will, of course, have no objection to my consulting another adviser—the Lord Advocate, I think."

"Certainly, you could not have a better man," said Mr. MacFarlane.

"Give me the will or a copy to show him," said Francis. "I must make a note of the names and addresses of these societies, in case his opinion coincides with yours, for I must write to each of them to send a delegate or deputation to meet me. I should see them all at once, and explain matters to them. Rather a hard matter for a shy man like myself to bring his love affairs before five charitable associations."

"Shy!" said Sinclair. "You are as bold and frank a politician as I ever saw."

"Oh, politics are another matter; but until I met with Jane, I never had any one in whom I could confide—I never even knew the blessing of friendship before. She taught me to be frank, for she had confidence in me and felt for me. You see I am practising for the associations by speaking to two elderly gentlemen on the subject. Another lesson at the Lord Advocate's, and I hope to be equal to the emergency."

The Lord Advocate agreed in all points with Mr. MacFarlane as to the legal chances of keeping the property; and although he thought it a very quixotic thing to give it up, Francis was determined on that subject. The letters were written to the associations, and a day was appointed for his meeting a delegate from each of them, intrusted with powers to decide and act. Mr. MacFarlane wished to be present, for he had no confidence in the prudence of his client, who would be sure to show his hand to the opposing party, and let them know too soon how little there was in it, and Francis rather reluctantly consented. In the mean time he worked off some of his excitement by visiting Peggy and the Lowries to deliver Elsie's messages. She was busy, as usual, but laid aside her work at the sight of the unexpected visitor.

"Have you any news?" said she, "for I have had no letter from Miss Jean this month, and next mail I'll no be here to get it. You look as if there was good news, Mr. Hogarth."

"Good and bad," said Francis; "can you guess the good?"

"Miss Elsie and Mr. Brandon," said Peggy. "I see by your eyes I'm right."

"You are a good guesser, Peggy. She is only sorry she could not be married from your house; but she did not think Mr. Brandon would wait so long."

"Oh, I dare say no. But indeed I marvelled that he went to Australia without her, for I thought it was a thing that was to be, from the first day he spoke about her. But there's no much time lost after all. There's to be a Mrs. Brandon at Barragong at last—and what says Miss Jean about it?"

"It is Elsie herself who writes to me that it is a settled thing, and that she hopes to be very happy, and sends you this message. But what would you say if Miss Jane were to be married herself?"

"You don't say so!" said Peggy, looking surprised and puzzled. "I never thought upon her being married. And that's the bad, is it? I wonder what man about Wiriwilta has got the presumption to even himself to her. I misdoubt she's throwing herself away, as many a sensible woman has done before her. One marriage is quite enough for me at a time."

"Perhaps it is premature in me to speak of it," said Francis, "for the Saldanha will be three months, or nearly so, on the way, and she has not been rightly asked yet."

"The Saldanha! What in the name of wonder do you mean?"

"I mean to go with you in the Saldanha, if I finish the little matter of business I have got to do on this side of the world before she sails. But I see I must let you read my letters, so that you may judge of the news."

"It's fine big writing," said Peggy. "I hope it's easier made out than what you say," and she proceeded to read Elsie's letter and enclosure, with a running comment.

She scarcely understood the drift of the beginning of the letter, but when she came to Mr. Brandon's name she knew her ground. "Happy! she's sure to be happy! Mr. Brandon will give her all her own way, and she does not want for sense.—That's a kind message to me; but she might have been married here if Mr. Brandon had had more gumption, and asked her before he went away.—And Mrs. Phillips is more reasonable. I'd like to see her show any airs to her now, when Mr. Brandon is by; he'll let her know her place.—And they like Australia—both of them. Who, in all the world, is it Miss Jean can have taken up with?—And so that was the way Cross Hall got his bonny bargain of a wife; he was young and simple to be entrapped with such a pair. Well, well! it was a home-coming to hear such words passing between her and an old sweetheart. I'll be bound he never wanted to see her again.—But, mercy on us! and so it was no you that was the bairn after all, Master Francis, and the old laird had really no call to care about you. But that woman should be punished. Men and women have been hanged for less guilt. I'd hurry no one into the presence of the Great Judge; but that she should be at large, boasting of her wickedness, and hoping to make siller of it, is a thing that should not be permitted."

"Then you believe this story, Peggy?" said Francis.

"What should ail me to believe it? It's all of a piece; no woman that was not as wicked as that would make up so wicked a story."

"Every one that I show the narrative to believes it, yet they all say that it would not hold in a court of justice; so I am going to give up Cross Hall to the benevolent associations, as Mr Hogarth made them his heirs, in case of my not obeying some of his directions, and I will then sail with you in the Saldanha, to begin the world afresh, and to ask Jane Melville to begin it with me."

Peggy made no doubt that that was the only thing Francis could do under the circumstances. She did not know the value of what he lost, she only thought of what he was likely to gain.

"Well, Mr. Francis, or whatever your name may be, if that is the marriage you spoke of, I think that news is GOOD too. I'm not a woman of many words, but I think you'll never repent of this, or grieve for the loss of this world's gear; and so far as my poor judgment goes, I think Miss Jean is not the woman to say you nay;" and she shook his hand warmly, and entered into his plans for beginning life in Melbourne, as neither Sinclair nor MacFarlane had done. "There's good work to be done in Australia, Mr. Francis, and there's one there that will help you to do it. There's no doubt Providence intends to make something of you. After all this chopping and changing, it would be a queer thing if you would not rise as high at the other end of the world as you have done in this."




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