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son who could depose under what circumstances the signature came to be there. I submit that the objection should be overruled." "This," said his Lordship, in giving his decision "is a very curious point, and one which, when first raised by the learned Attorney-General, struck me with some force; but, on considering it and hearing Mr. Short, I am convinced that it is an objection that cannot be supported" (here Eustace gave a sigh of relief). "It is argued on the part of the defendant that Miss Smithers is, for the purposes of this case a document, a document, and nothing but a document, and as such that her mouth is shut. Now, I think that the learned Attorney-General cannot have thought this matter out when he came to that conclusion. What are the circumstances? A will is supposed to have been tattooed upon this lady's skin; but is the skin the whole person? Does not the intelligence remain, and the individuality? I think that I can put what I mean more clearly by means of an illustration. Let us suppose that I were to uphold the defendant's objection, and that, as a consequence, the plaintiff's case were to break down. Then let us suppose that the plaintiff had persuaded the witness to be partially skinned"--(here Augusta nearly jumped from her seat)--"and that she, having survived the operation, was again tendered to the court as a witness, would the Court then be able, under any possibility, to refuse to accept her evidence? The document, in the form of human parchment, would then be in the hands of the officers of the Court, and the person from whom the parchment had been removed, would also be before the Court. Could it be still maintained that the two were so identical and inseparable that the disabilities attaching to a document must necessarily attach to the person? In my opinion, certainly not. Or, to take another case, let us suppose that the will had been tattooed upon the leg of a person, and, under similar circumstances, the leg were cut off and produced before the Court, either in a flesh or a mummified condition; could it then be seriously advanced that because the inscribed leg--standing on the table before the Court--had once belonged to the witness sitting in the witness-box, therefore it was not competent for the witness to give evidence on account of his or her documentary attributes? Certainly it could not. Therefore, it seems to me that that which is separable must, for the purpose of law, be taken
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