"Are you acquainted with the difference That holds this present question, in the court?"
Merchant of Venice.
{William Shakespeare, "The Merchant of Venice", IV.i.171-172}
AS the time for the trial approached, the parties collected in Philadelphia. Harry and his friends were often seen in the streets, looking busy and thoughtful. Mr. Reed also appeared, and took up his quarters at one of the great hotels, in company with Mr. Clapp and his client, who generally received the name of William Stanley, although he had not yet established a legal claim to it. There was much curiosity to see this individual, as the case had immediately attracted general attention in the town, where the families interested were so well known, and the singular circumstances of the suit naturally excited additional interest.
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:
