to side with him against his nephew, in withholding the unjust
possession of the remainder.
"These confederates having held several consultations against their
common enemy, and finding that his cause gathered daily strength since
the trial, by the accession of many witnesses of figure and reputation,
who had not been heard of before, and that the only chance they had
to prevent the speedy establishment of his right, and their own
destruction, was by stripping Mr. M-- of the little money that yet
remained, and by stopping all further resources whereby he might be
enabled to proceed; they therefore came to a determined resolution to
carry that hopeful scheme into execution; and, in pursuance thereof,
they have left no expedient or stratagem, how extraordinary or
scandalous soever, unpractised, to distress Mr. A-- and that
gentleman. For that end, all the oppressive arts and dilatory expensive
contrivances that the fertile invention of the lowest pettifoggers
of the law could possibly devise, have with dexterity been played off
against them, in fruitless quibbling, and malicious suits, entirely
foreign to the merits of the cause. Not to mention numberless other acts
of oppression, the most extraordinary and unprecedented proceeding, by
means whereof this sham writ of error hath been kept on foot ever since
November, 1743, is to me," said the doctor, "a most flagrant instance
not only of the prevalency of power and money, when employed, as in the
present case, against an unfortunate helpless man, disabled, as he is,
of the means of ascertaining his right, but of the badness of a cause
that hath recourse to so many iniquitous expedients to support it.
"In a word, the whole conduct of Lord A-- and his party, from the
beginning to this time, hath been such as sufficiently manifests that
it could proceed from no other motives than a consciousness of Mr.
A--'s right, and of their own illegal usurpations, and from a terror of
trusting the merits of their case to a fair discussion by the laws
of their country; and that the intention and main drift of all their
proceedings plainly tends to stifle and smother the merits of the
case from the knowledge of the world, by oppressive arts and ingenious
delays, rather than trust it to the candid determination of an honest
jury. What else could be the motives of kidnapping the claimant, and
transporting him when an infant? of the various attempts made upon his
life since his return? of
|