It was the law and the custom, in cases where both parties to the action were agreed to that arrangement, to turn over this species of litigation to a referee, who took the testimony in private, heard arguments of counsel, and rendered a decision subject to the confirmation of the Supreme Court. The Court had issued a standing order prohibiting all persons from publishing (except with the consent of the parties to the action) any further reports of the cases than a simple announcement of the decree, as confirmed by the Court, for or against a divorce. This order was put forth to protect the public from the contaminating example of matrimonial infelicities; though we are not aware that the number of divorce cases has materially decreased, or the standard of public morality been greatly elevated in consequence thereof.
The case of Slapman vs. Slapman was on trial before a referee, by mutual agreement of the parties. The newspapers did not report it; but some of them kept hinting at it in an appetizing way. The gentleman whose “gallantry, &c.,” was the “remote cause of the action,” was described as “a rising young lawyer, who distinguished himself in a recent inquest before Coroner ——, the thrilling particulars of which are still fresh in the minds of our readers;” or as a “young ornament of the legal profession, whose office was not a hundred miles from the corner of Broadway and —— street” (the precise location of his office). One paper went so far as to say, that the “triumph which this disciple of Coke had achieved in the late cause celebre, was only to be equalled by his invariable success in affairs of the heart, &c., &c.”
All this caused Fayette Overtop’s name to be known by thousands of people. Persons who were seeking divorces, reasoned, strangely enough, that a man whose “gallantry, &c.,” was the cause of a divorce, could materially assist them in severing the matrimonial bonds. Therefore they began to flock to him. He already had five female and two male clients of this description.
When Tiffles stumbled against Fayette Overtop, he at once invited his friend to go with him to Mrs. Crull’s. His legal knowledge (of which Tiffles, in common with the public, was beginning to have a high opinion) might be of some service. Overtop had been told by Marcus Wilkeson of the previous day’s transactions, and of Wesley Tiffles’s intended visit to Miss Minford; and he at once consented to accompany him.
On their way to Mrs. Crull’s—whose residence had been ascertained from the Directory—they passed Miss Pillbody’s select school. Tiffles suggested that it would be well to call on that young lady, and pick up some intelligence of Miss Minford. She might still be receiving lessons from Miss Pillbody; and might, possibly, be in the house at that moment. Overtop also thought it would not be a bad idea to call there. He had heard much from Marcus Wilkeson in praise of Miss Pillbody, especially of her sensible qualities. Being still in the active pursuit of a sensible woman, he was moved with a real curiosity to see her.