undergo refractions through
the medium of a new fact. The case, by technical processes, came before
the Court of Session, where the diversity of opinion was, proportionably
to the number of judges, as great as among the quidnuncs outside. The
only clear idea in the heads of the robed and wigged wiseacres was, that
the case, Napier _versus_ Napier, was a puzzle which no man could read
or solve. It seemed fated to be as famous as the old Sphinx, the
insoluble Moenander, or the tortuous labyrinth, or the intricate key of
Hercules--_ne Apollo quidem intelligat_; and if it had not happened that
Lord Kames suggested the possibility of getting an additional piece of
evidence through the examination of the coffin wherein Mrs. Napier was
buried, the court might have been sitting over the famous case even in
this year of the nineteenth century. The notion was worthy of his
lordship's ingenuity; and accordingly a commission was issued to one of
the Faculty to proceed to the West Church burying-ground, and there
cause to be laid open and examined the coffin of the said Mrs. Henrietta
Preston or Napier, with the view to ascertain whether or not the body of
a child had been placed therein along with the corpse of the mother.
This commission was accordingly executed, and the report bore, that "he,
the commissioner, had proceeded to the burying-ground of the parish of
St. Cuthberts, and there caused David Scott, the sexton, to lay open the
grave of the said Henrietta Preston or Napier, and to open the coffin
therein contained; which having accordingly been done by the said David
Scott and his assistants, the commissioner, upon a faithful examination,
aided by the experience of the said David Scott, did find the skeletons
of two bodies in the said coffin identified as that of the said lady,
one whereof was that of a woman apparently of middle age, and the other
that of a babe, which lay upon the chest of the larger skeleton in such
a way or manner as to be retained or held in that position by the arms
of the same being laid across it; that having satisfied himself of these
facts, the commissioner caused the coffin to be again closed and the
grave covered with all decency and care. And he accordingly made this
report to their lordships."
The fact thus ascertained, in opposition to the expectation of those who
favoured the orphan, was viewed by the court as depriving, to a great
extent, the case of that aspect of a riddle by which it ha
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