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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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