“I cannot tell much,” replied Mr. Benedict. “I know the inventions were largely profitable to him; otherwise he would not have been so anxious to own them. I have never had access to his books, but I know he became rapidly rich on his manufactures, and that, by the cheapness with which he produced them, he was able to hold the market, and to force his competitors into bankruptcy.”
“May it please the Court,” said Mr. Balfour, “I am about done with this witness, and I wish to say, just here, that if the defendant stands by his pleadings, and denies his profits, I shall demand the production of his books in Court. We can get definite information from them, at least.” Then bowing to Mr. Benedict, he told him that he had no further questions to ask.
The witness was about to step down, when the Judge turned to Mr. Cavendish, with the question: “Does the counsel for the defendant wish to cross-examine the witness?”
“May it please the Court,” said Mr. Cavendish rising, “the counsel for the defense regards the examination so far simply as a farce. We do not admit that the witness is Paul Benedict, at all—or, rather, the Paul Benedict named in the patents, certified copies of which are in evidence. The Paul Benedict therein named, has long been regarded as dead. This man has come and gone for months in Sevenoaks, among the neighbors of the real Paul Benedict, unrecognized. He says he has lived for years within forty miles of Sevenoaks, and at this late day puts forward his claims. There is nobody in Court, sir. We believe the plaintiff to be a fraud, and this prosecution a put-up job. In saying this, I would by no means impugn the honor of the plaintiff’s counsel. Wiser men than he have been deceived and duped, and he may be assured that he is the victim of the villainies or the hallucinations of an impostor. There are men in this room, ready to testify in this case, who knew Paul Benedict during all his residence in Sevenoaks; and the witness stands before them at this moment unrecognized and unknown. I cannot cross-examine the witness, without recognizing his identity with the Paul Benedict named in the patents. There is nothing but a pretender in Court, may it please your honor, and I decline to have anything to do with him.”
Mr. Cavendish sat down, with the air of a man who believed he had blasted the case in the bud, and that there was nothing left to do but to adjourn.
“It seems to the Court, gentlemen,” said the judge in a quiet tone, “that this question of identity should be settled as an essential preliminary to further proceedings.”
“May it please your honor,” said Mr. Balfour, rising, “I did not suppose it possible, after the plaintiff had actually appeared in court, and shown himself to the defendant, that this question of identity would be mooted or mentioned. The defendant must know that I have witnesses here—that I would not appear here without competent witnesses—who will place his identity beyond question. It seems, however, that this case is to be fought inch by inch, on every possible ground. As the first witness upon this point, I shall call for James Fenton.”