d been so
unfortunately distinguished; and as the case had been hung up even
beyond the time generally occupied by cases at that period, when, as it
was sometimes remarked, law-suits were as often settled by the old rule,
_Romanus sedendo vincit_--by the death of one or other of the
parties--as by a judgment, the case was again put to the Roll for a
hearing on the effect of the new evidence. It was contended for the
nephew by Mr. Wight, that the question was now virtually settled,
insomuch that the court was not bound to solve riddles, but to find to
whom pertained a certain right of inheritance. The birth of the child
had been sworn to by the nurse, as well as its death, and the final
placing of it in the coffin; and now the court had, as it were, ocular
demonstration of these facts by the body having been seen by their own
commissioner, placed on the breast of the mother in that very peculiar
way described by Mrs. Temple. All claim on the part of the girl was thus
virtually excluded, for the proceedings which took place that evening in
another room, under circumstances of suspicion, were sworn to only by
Mrs. Hislop herself, an interested witness, and were only partially
confirmed by an eavesdropper, who, as eavesdroppers generally do (except
when their own characters are concerned), perhaps heard according as
foregone prejudices induced her to wish. These suspicious proceedings
might be explained by as many hypotheses as had been devised by the wise
judges of the taverns, among which was the theory of the living child
being Cowie's own by Isabel Napier, and palmed off as Mrs. Napier's to
hide the shame of the true mother,--all unlikely enough, no doubt, but
not so impossible as that the coffined child should now be alive and
awaiting the issue of this case, in the expectation of being Lady of
Eastleys.

On the other side, Mr. Andrews, counsel for Henrietta, maintained that
while his learned brother assumed the one half of the case as proved,
and repudiated the other as a lie or a myth, he had a right to embrace
the other half, and pronounce the first a stratagem or trick. The
proceedings in the back-room into which Jean Graham introduced Mrs.
Hislop were more completely substantiated than those in the bedroom
where Mrs. Napier lay; for while the one were sworn to by Mrs. Hislop
herself, a soothfast witness, and confirmed in all points by the woman
Graham, the other were attempted to be proven by the solitary testimon