Charles Whitehurst Posted February 26, 2017 Share Posted February 26, 2017 It promised to be a warmer day. Already the sun was out. With luck it would melt some of the accumulated snow. Yet, the Earl of Langdon was not outside to admire the weather. Instead, he had received a letter the day before from his Solicitor, Sir William, to call upon him at his earliest convenience. Expecting that it was something about George Abercrombie, Charles was ready to provide his own narrative of the events. He planned to research the bona fides of this sailor with the extraordinary claim. Yet, it was possible that it was some other ussue. Had a distant relative passed away? Was someone threatening to litigate against him? Moving into the offices of Sir William in the Temple area, Langdon awaited acknowledgement and the opportunity to speak with his attorney. Link to comment Share on other sites More sharing options...
Hope Posted February 28, 2017 Share Posted February 28, 2017 There were two other men waiting, sitting upon a bench seat that lined the wall opposite the clerks desk. "Lord Langdon." he was recognised immediately, "one moment please." The clerk put his head in the office door and murmured something, there was some movement beyond, and subsequently a man in business attire exited with a frowning-harried look on his face, clutching his satchel with a thrust of papers atop it. The man looked at Charles with an even deeper frown. "Lord Langdon!" Sir William called Charles into his office. As he entered, Charles might overhear the clerk speaking to the evicted businessman, "Can I reschedule your appointment for four?" "How do you do?" Stood at his desk, Sir William spoke warmly, "Can I send for a drink perhaps, coffee, tea, is it too early for a scotch?" he gestured to the chair Charles could take. Link to comment Share on other sites More sharing options...
Charles Whitehurst Posted March 1, 2017 Author Share Posted March 1, 2017 "Good morning," he greeted the businessmen and the solicitor. Lord were used to privilege and they thought little of inconveniencing others as a general matter; yet, Charles might have waited his turn had he not so may tasks to undertake that day. "Sir William," he greeted. "No thank you." It was too early for spirits. Charles needed to remain sharp and he had a low tolerance for alcohol. "You sent for me?" Charles took the offered chair. Link to comment Share on other sites More sharing options...
Hope Posted March 3, 2017 Share Posted March 3, 2017 "Ah yes." he settled to his desk, pleased that the young Earl did not take up the offer of a drink. It was a busy day with much to get done! (though he did not let his client know he was pressed for time) "I received this notice." he drew a folder from the pile on his desk, and flipped it open to find the paperwork he sought. "From the Law Offices of Cheatum & Howe, notice from one Richard Abercrombie, employed at Hewitt, Neville & Sons. With regards to your custody of Abagail Smith, whom he sates is his sister, and Frances Smith, his niece. The paper work appears to be all in order, with a note here from Howe that while the man has been vouched for by Mr Hewett, a formal document of proof of identity is yet to be supplied." He shuffled the papers about, and then looked to Charles, "I assume you wish to contest this." Link to comment Share on other sites More sharing options...
Charles Whitehurst Posted March 5, 2017 Author Share Posted March 5, 2017 It soon became apparent that this related to the Abercrombie matter. Charles began shaking his head in disappointment. "A man came to my house the other day claiming to be Abigail's long lost brother and wanted to see her immediately. Having no evidence that this man was anything other than a fraud, I declined. I told him to come back Sunday after church and I would let him meet Abigail. I wanted to do some investigation on him beforehand," the young lord began to explain. "First, I think he said his name was George," but Langdon could not recall for sure. "At any rate, I was granted the wardship by the King himself," Charles reminded his attorney. "There is no higher authority in the land." Charles was not a lawyer and could not be sure, but it sounded reassuring to himself. If Mr. Smith was a lord, it would seem that this matter lay in the House of Lords. If not, Charles was less confident. He had not done much research on the Smith family. It had not seemed particularly relevant at the time. "Yes I would contest it," he replied. "I would also wish to employ you to meet with the people at Hewett and remind them that they had best be absolutely sure, without a grain of doubt, that this man is who he says he is. If not, we can take legal action against them too." He paused to see if such a plan was wise. "Can you check the shire birth records to see if there are records of Abigail having brothers and sisters? Maybe more of them are out there somewhere. Maybe there is an older brother or sister. But, if there are some out there, why was Mrs. Smith put in the Court of Wards? It was for orphans after all." It was possible that Silas Moorehead had wrongly seized her case in order to enrich himself, but the young lord gave no voice to that suspicion. "You know that Abigail's mind is ... not what it was. It is quite likely that she will not recognize him, even if he is her lost brother." He paused to consider a further thought. "Should you be there as some official witness or is it better that it is the household only?" It was only then that he asked the question that he should have begun with "what do you recommend?" Link to comment Share on other sites More sharing options...
Hope Posted March 6, 2017 Share Posted March 6, 2017 "I've got the paperwork all in motion." Lord Langdon had been Sir William's client for some years now, a position he'd retained by being effective in looking after his interests. "You are far too lenient Lord Langdon, he is trespassing to set foot upon your property, I can have a restraining order prepared so you do not need to confront the man in question again. I do not recommend that you allow him to visit your ward, for the distress to the household, and it only allowing the rogue a chance to see all the valuables of your house, or to talk to, and weaken the resolve of the members of your household. Con men ought be avoided at all costs." "I've already filed that the suit be dismissed upon grounds of falsely assumed identity." he was pleased to advise Charles, "I need appear on Monday before Judge Jefferies*, any extra information you can supply before then shall only solidify our case. His motive is plain, this is a crime of opportunity, and an example need be made of him." "I understand fully of Mrs Smith. We cannot have her testify in person, it would be unkind to drag the poor woman through such an ordeal even if she were capable of it. What about her signature upon an affidavit however?" "Meanwhile I have my assistant checking the registry." he nodded. "The question does now arise..." here Sir William put his spectacles on and looked at the document, "...of the wages owed to Richard Abercrombie deceased, the real Richard Abercrombie that is, wages that ought now go to his next of kin, namely your ward. I think we should lodge a suit with Hewitt, Neville & Sons..." was his legal advice. *Same judge that was in the Lloyd case Charles was involved with in '75 Link to comment Share on other sites More sharing options...
Charles Whitehurst Posted March 10, 2017 Author Share Posted March 10, 2017 Perhaps the young earl had been too kind. He had thought others might think him otherwise and tried to be balanced in his response. Bradley had wanted Charles to hire a gang of toughs to thrash the man. "It sounds as though you have things well in hand Sir William. I shall trust your judgment in this. I will prevent him from approaching Abigail come next Sunday, citing his suit as reason enough. Perhaps you would be so kind as to send him a warning letter on my behalf." Charles gave his solicitor the address that Abercrombie had given him. As for Hewitt, Charles found Sir William's advice to be inspired but somewhat shocking. It seemed too much to try and take the sailor's wages ... unless he was a charletan. "Rather than file a suit against Hewitt Sir William, what if you visited them and told them they could keep the dead man's wages if they were comfortable that he was not Richard Abercrombie. That would give them an incentive to be more careful with their judgment would it not?" Langdon's plan might be more effective and cheaper than adding more litigation into the stew. As for Abbie's affidavit, "I do not know what the law requires for her signature. I am her guardian. Would the court credit her signature? Perhaps they do not know of her ... infirmary." Charles could not offer much more evidence for Sir William to use with Judge Jeffries. "I suppose if his motives were truly driven by a desire to see his sister, he would have waited to file suit after seeing her. Rather, it is an affront that he brought suit in the face of my kindness. It is evidence to me that the man is not who he says he is." Link to comment Share on other sites More sharing options...
Hope Posted March 12, 2017 Share Posted March 12, 2017 "Certainly.” Sir William nodded, “We must exert the full measure of the law in defence of your family, it cannot do to have this dealt with lightly, lest all manner of person come crawling out of the woodwork!” “Our case is based upon the fact that he is not whom he claims to be.” Sir William stated, “If he is in fact this man, then your wardship of his sister is recanted as baseless. No, we must move forwards on this without faltering. To question ourselves now, will only open up chance for our opponent to contest us. If we do not sue for Mrs Smiths dead brother’s wages, then it is near as much as an admission that he is who he says he is.” “Ah, certainly. While it would appeal to the court to have evidence of her consent in this, by means of a signature, that is legally unnecessary. I shall have a document drawn up for your signature. I’ll have a messenger bring it to your house by end of the week at the latest.” The train of logic that Charles used to confirm Richard Abercrombies guilt was neither here nor there to the solicitor. He was looking out for Langdon interests, guilt or innocence was secondary. “well said.” He added anyhow, for the young man seemed to desire some words of support at that moment. Link to comment Share on other sites More sharing options...
Charles Whitehurst Posted March 15, 2017 Author Share Posted March 15, 2017 Sir William's logic seemed sound to the young lord. Law was an honorable profession and one would be wise to listen to one's counsel. It made Charles wonder idly whether Bradley might become a solicitor one day. If so, he would be proud of his young brother. It would be a good outcome. "I shall defer to you Sir William." Charles was hardly in a position to supplant the older man's advic with his own. "Let us make certain that Hewitt does not dare acknowledge this man as Abigail's brother." Perhaps I could visit them and threaten them with arrest. It was mostly wishful thinking. The Earl was not naive enough to ignore that fact that the English aristocracy always had the upper hand in dealing with commoners in the court of law. He could rest assured that judges and witnesses would rather impress him than impress Richard Abercrombie. In that moment he felt encouraged. "I shall look forward to the papers to sign then." Not having any other legal matters to discuss, Charles was kind in offering "I know that you are very busy so I shall not keep your other clients waiting unless there is something else to discuss." Link to comment Share on other sites More sharing options...
Hope Posted March 17, 2017 Share Posted March 17, 2017 "I understand." the solicitor nodded his head sagely, taking Charles to mean that a bribe would be offered. "Might you advise me what sum of 'pressure' should be pressed? Five hundred pounds perhaps." the property and monies attached to the widow made such a sum a pittance in compare, well worth the payoff to keep it in his lordships control. He stood with Charles then, the business attended to, they might respectively progress with their day. “I am pleased you could come in at such swift notice. I shall keep you abreast of any developments via the mail.” Link to comment Share on other sites More sharing options...
Charles Whitehurst Posted March 19, 2017 Author Share Posted March 19, 2017 There was talk about a bribe, which was not what Charles had in mind. When the sum of 500 pounds was mentioned, it caused the earl's eyes to widen. To a former destitute lord, that was a fortune. It woud pay for Bradley's entire education! he was not about to give such sum away for just about anything, let alone a bribe to a bunch of clerks. "I think you misunderstood me," Charles began, trying to regain his composure. "My case is valid regardless of what Hewitt might do," he declared righteously. "I was thinking more along the lines of something like ... if they knew what was good for them, they would be careful before thinking about confirming the identity of one such as he." It came off as more of a threat than he intended. Rather, it was a mixture of threat and a reminder that one catered to the nobility. "It should not be a threat," he sought to clarify. "Rather it is a reminder that they should move cautiously and deliberately." If nothing else, if they took months to make a decision, that would be helpful too. After that, he was to be on his way again. The day now free, Charles pondered how best to spend it. Not knowing Lady Kendishall, he would need to find amusement elsewhere later in the day. Link to comment Share on other sites More sharing options...
Hope Posted March 20, 2017 Share Posted March 20, 2017 He'd shocked the Earl. "I am sorry milord, I thought you wanted to ensure that nobody contested your, er, evidence. That you want Mr Hewett to recant his claim of Richard Abercrombie being who he claims to be." He paused for Charles to comment. It sounded like Charles wanted to threaten Mr Hewett with bodily assault instead, which was not something that this Law office approved of. Bribery was the way of Business in this age, and respectable to the solicitors mind, but assault and battery was common thuggery. "Ahh... I would prefer you say no more upon that sir. Better that I can claim to have no knowledge of that sort of plan, lest it come to court. You understand. And I strongly advise against putting anything in writing of making such a threat." Link to comment Share on other sites More sharing options...
Charles Whitehurst Posted April 9, 2017 Author Share Posted April 9, 2017 Apparently it was poor form to remind commoners that they would be wise to tread lightly with the aristocracy. Perhaps it goes without saying. "Very well, I shan't," the Earl replied. "I shall leave you to the details then Sir William." With that, he was on his way. Perhaps I can see if there is anything interesting I can find for His Majesty. ~fin Link to comment Share on other sites More sharing options...
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