I met this attorney, and gave him all the particulars at large, as they
are recited above; and he assured me it was a case, as he said, that
would very well support itself, and that he did not question but that a
jury would give very considerable damages on such an occasion; so
taking his full instructions he began the prosecution, and the mercer
being arrested, gave bail. A few days after his giving bail, he comes
with his attorney to my attorney, to let him know that he desired to
accommodate the matter; that it was all carried on in the heat of an
unhappy passion; that his client, meaning me, had a sharp provoking
tongue, that I used them ill, gibing at them, and jeering them, even
while they believed me to be the very person, and that I had provoked
them, and the like.
My attorney managed as well on my side; made them believe
I was a widow of fortune, that I was able to do myself justice,
and had great friends to stand by me too, who had all made me promise
to sue to the utmost, and that if it cost me a thousand pounds I would
be sure to have satisfaction, for that the affronts I had received were
insufferable.
However, they brought my attorney to this, that he promised he would
not blow the coals, that if I inclined to accommodation, he would not
hinder me, and that he would rather persuade me to peace than to war;
for which they told him he should be no loser; all which he told me
very honestly, and told me that if they offered him any bribe, I should
certainly know it; but upon the whole he told me very honestly that if
I would take his opinion, he would advise me to make it up with them,
for that as they were in a great fright, and were desirous above all
things to make it up, and knew that, let it be what it would, they
would be allotted to bear all the costs of the suit; he believed they
would give me freely more than any jury or court of justice would give
upon a trial. I asked him what he thought they would be brought to.
He told me he could not tell as to that, but he would tell me more when
I saw him again.
Some time after this, they came again to know if he had talked with me.
He told them he had; that he found me not so averse to an accommodation
as some of my friends were, who resented the disgrace offered me, and
set me on; that they blowed the coals in secret, prompting me to
revenge, or do myself justice, as they called it; so that he could not
tell what to say to it; he told them he would do his endeavour to
persuade me, but he ought to be able to tell me what proposal they
made. They pretended they could not make any proposal, because it
might be made use of against them; and he told them, that by the same
rule he could not make any offers, for that might be pleaded in
abatement of what damages a jury might be inclined to give. However,
after some discourse and mutual promises that no advantage should be
taken on either side, by what was transacted then or at any other of
those meetings, they came to a kind of a treaty; but so remote, and so
wide from one another, that nothing could be expected from it; for my
attorney demanded #500 and charges, and they offered #50 without
charges; so they broke off, and the mercer proposed to have a meeting
with me myself; and my attorney agreed to that very readily.