the case of the application by john simcoe for an order for the trustees of the will of the late general mathieson to carry its provisions into effect was on the list of cases for the day. tom roberts was walking up and down in westminster hall, waiting for it to come on, when he saw a face he knew.
"hullo, sergeant nichol, what brings you here?"
"just curiosity, roberts. i happened to see in the list of cases one of simcoe against the trustees of general mathieson. 'what,' i said to himself, 'simcoe? that is the name of the chap who saved general mathieson's life.' i remember their being both brought into cantonment, as well as if it were yesterday. i was with paymaster-sergeant sanderson, the fellow who bolted a short time afterwards with three hundred pounds from the pay-chest and never was heard of afterwards. we heard that simcoe was drowned at sea; and sorry we all were, for a braver fellow never stepped in shoe leather, and there was not a man there who did not feel that he owed him a debt of gratitude for saving the brigadier's life. so when i saw the paper i said to myself, 'either the man was not drowned at all, or he must be some relation of his. i will go into court and have a look at him.'"
"it is the same man, but i am sorry to say that, though he may be as brave as a lion, he is a rogue. but you can see him without going into court. that is him, talking with the man in a wig and gown and that little man in black, who is, i suppose, his lawyer. he knows me, so i won't go near him; but you can walk as close as you like to him, and take a good look at him."[pg 317]
not content with looking once, sergeant nichol passed him backwards and forwards three times. when he rejoined roberts the latter saw that he looked flushed and excited.
"what is it, sergeant?"
"i don't believe it is simcoe at all," the sergeant said. "it is that man sanderson i was speaking about just now. several of us noticed how like he was to simcoe, but the expression of their faces was different. simcoe was five or six years younger, and had a pleasant expression; sanderson had a hard face. none of us liked him, he was a man one could never get friendly with; you might be in the same mess for years and not know more about him at the end than you did at the beginning. of course, they would both be changed a good deal by this time, but i don't believe that simcoe would have grown so as to be like this man; and i am sure that sanderson would. he had a mark on him that i should know him by. one day when he was a recruit his musket went off, and the ball went through his left forearm. it was only a flesh wound, but it left a blackened scar, and i will bet all that i am worth that if you turned up that fellow's sleeve you would find it there."
"that is very important, sergeant. i will go and tell my young lady; she is talking with her lawyers and colonel bulstrode at the other end of the hall."
hilda clapped her hands.
"what do you say now, mr. pettigrew? i was right, after all. bring your friend up, roberts, and let us hear his story ourselves."
sergeant nichol was fetched, and repeated the story that he had told to roberts.
"thank you very much, sergeant," the barrister said. "please remain here while we talk it over. what do you think of this, mr. pettigrew?"
"it would seem to explain the whole matter that has puzzled us so. i did not tell you, because it was not in my opinion at all necessary to the case, that miss covington has always maintained that the man was not[pg 318] simcoe, and so positive was she that her friend, miss purcell, went down to stowmarket to make inquiries. it was certainly believed by his friends there that he was simcoe, and this to my mind was quite conclusive. but i am bound to say that it did not satisfy miss covington."
"may i ask, miss covington, why you took up that opinion in the first place?"
"because i was convinced that he was not the sort of man who would have risked his life for another. after miss purcell came back from stowmarket we found out that just before he called on my uncle he advertised for relatives of the late john simcoe, and that the advertisement appeared not in the suffolk papers only, but in the london and provincial papers all over the country; and it was evident, if this man was john simcoe, he would not advertise all over england, instead of going down to stowmarket, where his family lived, and where he himself had lived for years. he received a reply from an old lady, an aunt of john simcoe's, living there, went down and saluted her as his aunt, at once offered to settle a pension of fifty pounds a year on her, and after remaining for three days in her house, no doubt listening to her gossip about all john simcoe's friends, went and introduced himself to them. there was probably some resemblance in height and figure, and an absence of twenty years would have effected a change in his face, so that, when it was found that his aunt unhesitatingly accepted him, the people there had no doubt whatever that it was their old acquaintance. therefore, this in no way shook my belief that he was not the man.
"it turns out now, you see, that there was another man at benares at the time who was remarkably like him, and that this man was a scoundrel and a thief. when he deserted no doubt he would take another name, and having doubtless heard that john simcoe was dead, and remembering the remarks made as to his likeness to him, he was as likely to take that name as any other, though probably not with any idea of making any special[pg 319] use of it. when in england he may have heard general mathieson's name mentioned, and remembering that simcoe had saved the life of the general, may have thought that the name and the likeness might enable him to personate the man. he first set about establishing his identity by going down to stowmarket, and after that it was easy. i have thought it all over so many times that although it never struck me that there might have been at benares some man bearing a striking resemblance to john simcoe, all the rest is exactly as i had figured it out to my mind. now i will leave you, gentlemen, to decide what use you will make of the discovery, while i go and tell my friends of it."
the seats allotted to the general public were empty, as a case of this sort offered but slight attraction even to the loungers in the hall, but a large number of barristers were present. it had been whispered about that there were likely to be some unexpected developments in the case. the counsel engaged on both sides were the leaders of the profession, who could hardly have been expected to be retained in a mere case of a formal application for an order for trustees to act upon a will.
"the facts of the case, my lord," the counsel who led for john simcoe commenced, "are simple, and we are at a loss to understand how the trustees of the late general mathieson can offer any opposition to our obtaining the order asked for. nothing can be more straightforward than the facts. the late general mathieson, early in march, 1852, made a will, which was duly signed and witnessed, bequeathing, among other legacies, the amount of ten thousand pounds to mr. john simcoe, as a mark of his gratitude for his having saved him from a tiger some twenty years before in india. the act was one of heroic bravery, and mr. simcoe nearly lost his own life in saving that of the general."
he then related with dramatic power the incidents of the struggle.
"there is, then, no matter of surprise that this large[pg 320] legacy should have been left to mr. simcoe by the general, who was a man of considerable wealth. the bulk of the property was left to his grandson, and in the event of his dying before coming of age it was to go to a niece, a miss covington, to whom only a small legacy was left; she being herself mistress of an estate and well provided for. two months afterwards the general, upon reflection, decided to enlarge his gift to mr. simcoe, and he, therefore, in another will named him, in place of miss covington, who was amply provided for, his heir in the event of his grandson's death. i may say that the second will was not drawn up by the solicitors who had framed the first will. probably, as often happens, the general preferred that the change he had effected should not be known until after his death, even to his family solicitors. he, therefore, went to a firm of equal respectability and standing, messrs. halstead & james, who have made an affidavit that he interviewed them personally on the matter, and gave them written instructions for drawing up his will, and signed it in their presence.
"i may say that in all other respects, including the legacy of ten thousand pounds, the wills were absolutely identical. the trustees, after waiting until the last day permitted by law, have, to our client's surprise, proved the first of these two wills, ignoring the second; on what ground i am at a loss to understand. as my client is entitled to ten thousand pounds under either will it might be thought that the change would make little difference to him; but unhappily the circumstances have entirely changed by the fact that the general's grandson was lost or stolen on the day before his death, and in spite of the most active efforts of the police, and the offer of large rewards—my client, who was deeply affected by the loss of the child, himself offering a thousand pounds for news of his whereabouts—nothing was heard of him until two months after his disappearance, when his body was found in the canal at paddington, and after hearing evidence of identification, and examining[pg 321] the clothes, which all parties agreed to be those of the missing child, the jury returned a verdict that the body was that of walter rivington, and that there was no proof of how he came by his end.
"as the residence of general mathieson was in hyde park gardens, no doubt the poor child strolled away from the care of a careless nurse, came to the canal, and, walking near the bank, fell in and was drowned. no one could have been more grieved than my client at this, and although it practically put him into possession of a large property, he would, i am sure, gladly forfeit a large portion of it rather than come into possession of it in so melancholy a manner. i have not heard of the slightest reason why the last will of general mathieson should be put aside. i believe that no question could arise as to his state of mind at the time that it was made. it may be that a plea of undue influence may be raised, but this, to those who knew the general, would appear absurd. he was a man of active habits, and vigorous both in mind and body. here was no case of a man living in the house and influencing an old gentleman approaching his dotage. they met only at clubs and at dinners; and although the general was rightly and naturally attached to simcoe, he was certainly not a man to be influenced against his will. i beg, therefore, to ask, my lord, that you will pronounce in favor of this second will, and issue an order to the trustees to carry out its provisions forthwith."
"but upon the face of your appeal to the court, sir henry, there is no question as to the validity of the will you propound set up by the trustees?"
"none, my lord. in fact, at the time the case was put down we were ignorant that there would be any attempt on the part of the trustees to dispute the second will, and that they should do so came upon us as a surprise. however, at a consultation between my learned friend and myself just before we came into court, it was agreed that, if your lordship would permit it, we would take the two matters at once. one of the trustees is a member[pg 322] of the firm who are and have been the family lawyers of general mathieson, and of his father before him, for a long period of years. they are gentlemen of well-known honor, who are, i am sure, as anxious as we are to obtain from your lordship a judicial decision on which they can act."
"it is irregular," the judge said, "but as both parties seemed agreed upon it, it will doubtless save much expense to the estate if the whole matter can be settled at once. i will permit the whole matter to be taken. now, brother herbert, we will hear you on the other side."
"i am sorry to say, my lord, that it will be impossible for me to imitate my learned brother in the brevity with which he opened the case. so far from the facts being extremely simple, they are, i may say, of a very complicated nature. we own that we have no explanation to offer with regard to the second will. it was strange, very strange, that general mathieson, a man of methodical habits, having just drawn up his will, should go to another firm of solicitors and draw up a fresh one, but the fact that the whole of the minor bequests are the same in the two wills is certainly a very strong proof, as also is the fact that the instructions for drafting the will were written by the general himself, or, at any rate, by someone intimately acquainted with the contents of that will, which we admit was difficult to believe could be the case, as the will, from the time it was signed by the general, has not been out of messrs. farmer & pettigrew's hands until it was taken for probate the other day.
"now, my lord, i trust that you will allow me a certain amount of license while i go into this somewhat singular story. twenty-three years ago, general mathieson's life was saved in india by mr. john simcoe. mr. simcoe himself was seriously wounded, and when he recovered somewhat he was recommended by the surgeon who attended him to go down to calcutta at once and take a sea voyage. he did so, and embarked upon the ship nepaul, which was lost in a terrible gale in the[pg 323] bay of bengal a few days later, with, as was supposed, all hands. twenty years passed, and then to the surprise, and i may say to the delight of the general, who had much grieved over the loss of his preserver, mr. simcoe presented himself. for a moment the general did not recognize him; but it was not long before he became convinced of his identity, for he knew the officers who had been at the station at the time, and was well up in the gossip of the place, and the general at once hailed him as the man who had saved his life, introduced him to many friends, got him put up at a good club, and became, i may say, very fond of him. mr. simcoe brought up a friend or two who had known him at stowmarket, where he had an aunt still living, and the result of all this was that the general requested messrs. farmer & pettigrew to draw up a new will bequeathing to john simcoe the sum of ten thousand pounds.
"then came the singular episode of the second will. a fortnight later, when at dinner at his club, the general was smitten with a strange kind of fit, from which he recovered, but only lived for a few months, a half-paralyzed invalid. he was attended during that time by dr. leeds—a gentleman with a very high reputation, and now practicing in harley street as a consulting physician. the general was brought up to town, but broke down during the journey and died two days later.
"now we come to the second strange fact in this strange case. a day before his death his grandson, walter rivington, was missing. the efforts of the police, aided by a number of private detectives, failed to obtain any clew to the child until a body was found in the canal at paddington. that the body was dressed in some of the clothes worn by the child when carried off was unquestionable; but the three persons who knew walter rivington best, namely, miss covington, a friend of hers named miss purcell, who had been all the summer assisting her to nurse general mathieson, and the child's own nurse, all declared that the body was not that of the general's grandson. they were unable to adduce[pg 324] anything in support of this belief beyond the fact that the hair of the child found was short and to some extent bristly, whereas that of walter rivington was long and silky. the jury, however, adopted the view of the coroner that hair, however soft, when cut close to the skull will appear more or less bristly, and gave a verdict to the effect that the body was that of walter rivington. miss covington and her friends refused to accept the verdict, and continued their search for the child.
"without occupying your attention by going into details, my lord, i may briefly say that a close watch was set on mr. simcoe, and it was found that he was exceedingly intimate with a man of whom no one seemed to know anything; and before i go further i will ask, my lord, that you will give orders that mr. simcoe shall not leave the court until i have finished."
"you are not asking without strong reason, i trust, brother herbert?"
"certainly not, my lord."
the order was, therefore, given. simcoe grew very white in the face, but otherwise maintained an air of stolid indifference.
"i will now go back for a moment, my lord. general mathieson was attended by three of the leading physicians in london at the time of his seizure. the symptoms were so peculiar that in all their experience they had not met a similar case. dr. leeds, however, differed from them, but being their junior could not press his opinion; but he told them that his opinion was that the fit was due to the administration of some drug unknown to the british pharmacop?ia, as the effects were precisely similar to those in cases that he had read of in africa and among other savage people, where a poison of this kind was used by the native fetich men or wizards. that opinion was confirmed rather than diminished by the subsequent progress of the malady and the final death of his patient. the one man who could benefit by the general's death was sitting next to him at dinner at the time of his seizure, and that man, according to[pg 325] his own statement, had been for many years knocking about among the savages of the south sea islands and the islands of the malay archipelago.
"i do not accuse john simcoe of this crime, but i need hardly say that the mere possibility of such a thing heightened the strong feeling entertained by miss covington that simcoe was the author of the abduction of walter rivington. she and her devoted friend, miss purcell, pursued their investigations with unflagging energy. they suspected that the man who was very intimate with simcoe had acted as his agent in the matter, and a casual remark which was overheard in a singular manner, which will be explained when the case goes into another court, that this man was going to tilbury, gave them a clew. then, in a manner which many persons might find it very hard to believe, miss covington learned from a conversation between the two men, when together in a box at her majesty's theater, that the lad was in charge of a bargeman living near the little village of pitsea, in essex. from that place, my lord, he was brought last week, and miss covington will produce him in court, if your lordship wishes to see him. thus, then, it is immaterial to us whether your lordship pronounces for the first or second will.
"but, my lord, i have not finished my story. under neither of the wills does that man take a farthing. the money was left to john simcoe; and john simcoe was drowned over twenty years ago. the man standing over there is one william sanderson, a sergeant on the paymaster's staff at benares when the real john simcoe was there. there happened to be a resemblance between this man and him, so strong that it was generally remarked upon by his comrades. this man sanderson deserted soon after simcoe was drowned, taking with him three hundred pounds of the paymaster's money. there was a sharp hue and cry after him, but he managed to make his escape. all this is a certainty, but we may assume without much difficulty that the man changed his name as soon as he got to calcutta, and[pg 326] nothing was more likely than that he should take the name of john simcoe, whom he had been told that he so strongly resembled.
"for twenty years we hear nothing further of william sanderson, nor do we hear when he returned to london. probably he, in some way or other, came across the name of general mathieson, and remembering what john simcoe had done for the general, he, on the strength of his personal likeness, and the fact that he had, for twenty years, gone by that name, determined to introduce himself to him, with the result you know. he was clever enough to know that he must answer questions as to his history before he left england, and it was desirable to obtain witnesses who would, if necessary, certify to him. but he knew nothing of simcoe's birthplace or history; so he inserted advertisements in a great number of london and provincial newspapers, saying that the relations of the john simcoe who was supposed to have been drowned in the bay of bengal in the year 1832 would hear of something to their advantage at the address given. a maiden aunt, living at stowmarket, did reply. he went down there at once, rushed into her arms and called her aunt, and told her that it was his intention to make her comfortable for life by allowing her fifty pounds per annum. he stayed with her for three days, and during that time obtained from her gossip full details of his boyhood and youth, his friends and their occupation, and he then went out and called upon john simcoe's old companions, all of whom took him on his own word and his knowledge of the past and his recognition by his aunt.
"so things might have remained. this man, after undergoing what punishment might be awarded to him for his abduction of walter rivington, could have claimed the ten thousand pounds left him by general mathieson, had it not been that, by what i cannot but consider a dispensation of providence, an old comrade of his, staff-sergeant nichol, was attracted to the hall this morning by seeing the name of simcoe and that of[pg 327] general mathieson coupled in the cause list. this man was in the hall talking to his professional advisers, and nichol, walking close to him, to see if he could recognize the man whom he had last seen carried wounded into benares, at once recognized in the supposed john simcoe the deserter and thief, sergeant sanderson. he passed him two or three times, to assure himself that he was not mistaken. happily the deserter had a mark that was ineffaceable; he had, as a recruit, let off his rifle, and the ball had passed through the fleshy part of the forearm, leaving there, as sergeant nichol has informed me, an ineffaceable scar, blackened by powder. if this man is not sergeant sanderson, and is the long-lost john simcoe, he has but to pull up the sleeve of his left arm and show that it is without scar."
the man did not move; he was half stunned by the sudden and terrible exposure of the whole of his plans. as he did not rise the counsel said:
"my lord, i must ask that you give an order for the arrest of this man, william sanderson, as a deserter and a thief; also upon the charge of conspiring, with others, the abduction of walter rivington."
"certainly, brother herbert," the judge said, as he saw that the accused made no motion to answer the challenge of the counsel. "tipstaff, take that man into custody on the charge of aiding in the abduction of walter rivington. as to the other charge, i shall communicate with the authorities of the india office, and leave it to them to prosecute if they choose to do so. after this lapse of years they may not think it worth while to do so, especially as the man is in custody on a still graver charge."
the tipstaff moved toward the man, who roused himself with a great effort, snatched a small glass ball from a pocket inside his waistcoat, thrust it between his teeth, and bit it into fragments, and, as the officer laid his hand upon him, fell down in a fit. dr. leeds, who had come in just as the trial began, rose to his feet.
"i am a doctor, my lord. my name is leeds, and the[pg 328] opinion i held of the cause of general mathieson's death is now proved to be correct. the symptoms of this fit are precisely similar to those of general mathieson's seizure, and this man has taken some of the very poison with which he murdered the general."
for a minute sanderson struggled in violent convulsions, then, as dr. leeds bent over him, his head fell back suddenly. dr. leeds felt his pulse and then rose to his feet.
"my lord," he said, "the case is finally closed. he has gone to a higher judgment seat."
