fraud had been practised upon him in the acquisition of the property by Rogers.

mann had been imposed upon, and that some did not think her uncle was tired of her, she told Edgar, or would turn her out of doors if the suit was lost, at which her uncle laughed, and Edgar half frowned; and so animated to fresh exertion, but very fearful of the ultimate results, he would go back to his briefs. He spared no pains, however, to supply the required links in the chain. of evidence. He took a journey to the neighbourhood where Jacob Hermann had died. He found there an old man, named Simmonds, with whom Jacob Hermann had lived, and in whose house he had died. Simmonds had lived in Canada, and knew Jacob Hermann before he left there. He was a strange old mortal, and had not left a very good character behind him; not that any one could say more of him than that he preferred hunting, shooting, and trapping to steady work, and loved whiskey, and a good deal of it. But he was looked upon as a shiftless, ne'er-do-well fellow; and Edgar did not think that much could be made of the evidence of such a man. Simmonds could only say that Jacob Hermann always told him he had mortgaged his place to Rogers for $300; that he remembered paying him money to remit to Rogers; that he understood and believed he did remit it; did not mail it or see it mailed himself; told him he had sent it; and he denied having any papers belonging to Jacob Hermann. This was the extent of the information Edgar obtained by his journey; but he determined to send for Simmonds when the examination of witnesses came on, trusting to eliciting something fresh from him.

He felt sure, too, that Jacob Hermann had never acquiesced in the absolute title assumed by Rogers, and looked on the remittances of money on account to Rogers as strong evidence of that fact. Jessie had been a minor since her father's death, and brought her suit immediately on coming of age. But it was one thing to be quite certain of these facts, and quite another to be able to establish them. All knowledge of the real circumstances appeared to be confined to the parties themselves. The account of the transaction being other than a sale was altogether derived from Jacob Hermann, and would amount to nothing in the mouth of a witness. No admission could be traced to Rogers, who had carefully kept his own counsel. As yet, no discovery had been made of any papers belonging to Jacob Hermann shewing that the transaction was a mortgage, or even any to shew the payment of the money alleged by Jessie to have been remitted to Rogers. The land could easily be proved to have been worth a much larger sum than that advanced; but this inadequacy of price, although gross, Edgar well knew would not of itself be sufficient to set aside the sale, or establish the case set up on Jessie's part. Rogers' defence or answer had been put in denying distinctly that the tranaction was other than an absolute sale; denying also the receipt of payments; negativing, in fact, the plaintiff's bill altogether. Edgar might be pardoned if he began to question whether he had not proceeded somewhat hastily, and on insufficient grounds, and brought an action he should fail to establish. His anxiety knew no bounds; and Jessie had often to banter him into a more hopeful humour. She was apparently the least concerned in the matter. She had yielded to the wishes of her friends, and sanctioned the suit, but was certainly not going to break her heart if it failed. She

was something more in the group than an automaton figure. Jessie's heart fluttered as she heard her name called by those sage looking men. Edgar read the plaintiff's bill, a copy of the interesting document which Mr. Lowe had served on Rogers, and then quietly sat down. The opposing counsel read the answer or defence of Mr. Rogers, a statement on oath denying the allegations by the plaintiff, so far as it was alleged that the transaction was a mortgage, and then he resumed his seat.

It was a dark blustering day in November sat sedately, and looked as grave as if he when the Court opened, at the neighbouring county town. The Court-house, a massive stone building, overlooks the bay, and the "white caps" on the waves were seen from the large windows of the Courtroom, as the storm dashed over the waters; those within were too anxious to heed the weather, but the dreary day did not tend to enliven their spirits. Other proceedings occupied the time during the morning, and the hours dragged slowly on, until at last the case of Hermann v. Rogers was called -more than usual interest appeared to be created by the cause. Jessie had insisted on being present, and Mr. Hermann and most of his family had accompanied her, they had fortunately come the day previous; many friends and acquaintances had joined them, both from town and country. Rogers was, of course, there, with his acquaintances and persons with whom he had dealings, who flocked to hear the issue of the suit.

Mr.

The evening was setting in when the cause was called. The numerous jets of gas were burning dimly (not having yet been turned on in force) and the Court room wore a gloomy appearance,as Edgar rose to open his case. I had not before seen Edgar in his gown, and Ithought it became himwell. I instinctively looked towards Jessie; I have no doubt the same idea was passing in her mind, her eyes were earnestly bent on her lover and advocate, and I really think she felt more interest in the proceedings on his account than on her own. The whole scene to my mind was deeply interesting; the quiet impassive, dignified judge sat in his silk robes, in almost solemn state, and his calm and unmoved air contrasted markedly with the suppressed eagerness and anxiety of contending counsel. The counsel in the cause, four in all, drew their black gowns round them, and prepared for business; the sheriff of the county in formal cut uniform of black with silver scabbarded sword,

THE COURT " The only question appears to be mortgage or no mortgage." EDGAR " Exactly, my Lord, our case, I may say, rests altogether upon that."

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THE COURT-" How do you propose to prove it? Is this the only exhibit ?" (The deed.) Do you rely on parole evidence ?" EDGAR-" Yes, my Lord."

THE COURT "Do you think that is admissable in such a case to vary a written instrument ?"

EDGAR—“I do, my Lord, I think it competent for me to show that this instrument, apparently a deed, was so made through fraud on part of the defendant, and is in fact a mortgage."

THE COURT "And to establish that fact by parole evidence ?"

THE OPPOSINg Counsel—“I was about to take the same objection. I object to the reception of any evidence except documentary to alter the character of this deed."

THE COURT-" Is the execution of the deed admitted ?"

OPPOSING COUNSEL " No, my learned friends have declined to admit its execution and we have the subscribing witness in Court."

THE COURT " Well, the case had better proceed, subject, of course, to your objection, which must be disposed of at the hearing. Proceed, Mr. Paul."

EDGAR" I call the subscribing witness to this deed, James Gleason."

The witness stepped into the box.

"Look at this paper,"

"I do."

"Have you seen it before, and is this your name."

Yes, that is my signature."

"Whose signature is this?" "Mr. Jacob Hermann's."

Witness, do you know what description of document it was? Was it the memorial of the deed ?"

WITNESS "I don't know, my Lord, I only happened into the store, and they called me into the back room to witness the signatures."

THE COURT—" Was it a written or a

OPPOSING COUNSEL " You are proving printed paper?" our case, Mr. Paul."

EDGAR" Wait awhile; witness did you see Mr. Hermann sign his name, and when and where?"

"Yes, on the day of, 1837, the day of the date of the deed, and it was at Fredericksburg, in Mr. Roger's back store." EDGAR "Who were present ?"

"Mr. Rogers, Mr. Hermann, Mr. Hart, who is since dead, and myself, I don't recollect any one else, there might have been, however."

EDGAR "Was there any other instrument signed by them at that time."

OPPOSING COUNSEL-" If my learned friend is going to prove any bond or other document, let him produce it. I submit the question is not a proper one."

THE COURT." I think the question is a fair one, of course he cannot go into its contents without producing or accounting for it. Go on witness."

WITNESS—“I think there was another paper signed. It was signed by Mr. Rogers, Mr. Hart and myself witnessed it."

EDGAR "What became of that paper? Did Mr. Rogers get it ?"

"I don't know."

Opposing Counsel rising with a smile. "It may save my learned friend some trouble, perhaps, and also save the expen diture of unnecessary time, for me to say, that the paper referred to, was merely the memorial of the deed, it is registered on the affidavit of Mr. Hart, and this witness and Mr. Hart, are the subscribing witnesses to it."

WITNESS" Printed I think, my Lord, with the blanks filled in, something like this, only smaller."

THE COURT " Evidently the memorial. Well proceed."

EDGAR " Did you see any other paper executed at that time?" "No."

"Did you see any other papers at all?" "There were papers on the table, but I went away after putting my name to the two I have mentioned."

THE COURT" Any further questions ?" "None, my Lord.”

The witness went down, Edgar could not completely conceal his chagrin, for he felt that the case was breaking down under him, he had hoped to have wormed something out of the witness.

"One moment, witness, go into the box again. Was anything said by either of the parties about the effect of the deed or about redeeming the land, and if so what?"

OPPOSING COUNSEL " I object again." THE COURT" Never mind, Mr. we will consider the objection at the hearing, it amounts to nothing if the witness answers in the negative,and it may save time. Well was anything said ?"

"Nothing, my Lord, that I heard."

The witness left the box, Edgar kept his eyes on his Brief, he conferred a few minutes with his senior.

"There is no other course," he muttered, "I call the defendant, Marcus Rogers." THE COURT "Has notice been given?" "Yes, my Lord, here's the affidavit of

THE COURT " That appears probable. service."

Jacob, or Jake Simmonds, a tall, stooping, high-shouldered, sharp-featured, slouching old man, took the stand, the counsel of Rogers looked enquiringly at each other and OPPOSING COUNSEL-" He has already whispered with their client, he looked puz

"Can't remember me for certain, between minute, he then turned and addressed the $100 and $200."

“I did and helped make it up and direct ask permission to recall the witness Simit."