breeze, having set
out, under most favorable auspices, for Botany Bay; to which distant but
happy place, he had been thus fortunate in early securing an
"_appointment_" for so considerable a portion of his life.

Such, then, were the miserable means by which Mr. Quirk became
acquainted with the exact state of Mr. Aubrey's title; on first becoming
apprised of which, Mr. Gammon either felt, or affected, great repugnance
to taking any part in the affair. He appeared to suffer himself, at
length, however, to be over-persuaded by Quirk into acquiescence; and,
that point gained--having ends in view of which Mr. Quirk had not the
least conception, and which, in fact, had but suddenly occurred to Mr.
Gammon himself--worked his materials with a caution, skill, energy, and
perseverance, which soon led to important results. Guided by the
suggestions of acute and experienced counsel, after much pains and
considerable expense, they had succeeded in discovering that precious
specimen of humanity, Tittlebat Titmouse, who hath already figured so
prominently in this history. When they came to set down on paper the
result of all their researches and inquiries, in order to submit it in
the shape of a case for the opinion of Mr. Mortmain and Mr. Frankpledge,
in the manner described in a former part of this history, it looked
perfect _on paper_, as many a faulty pedigree and abstract of title had
looked before, and will yet look. It was quite possible for even Mr.
Tresayle himself to overlook the defect which had been pointed out by
Mr. Subtle. That which is stated to a conveyancer, as _a fact_--any
particular event, for instance, as of a death, a birth, or a marriage,
at a particular time or place, which the very nature of the case renders
highly probable--he is warranted in assuming to be so. But when the same
statement comes--with quite a different object--under the experienced
eye of a _nisi prius_ lawyer, who knows that he will have to _prove_ his
case, step by step, the aspect of things is soon changed. "De non
_apparentibus_, et de non _existentibus_," saith the law, "eadem est
ratio." The first practitioner in the common law, before whom the case
came, in its roughest and earliest form, in order that he might "lick it
into shape," and "advise generally" preparatory to its "being laid
before counsel," was Mr. Traverse, a young pleader, whom Messrs. Quirk
and Gammon were disposed to take by the hand. He wrote a very showy, but
superfi