FREE BOOKS

Author's List




PREV.   NEXT  
|<   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158  
159   160   161   >>  
f the ship, on which the names of the two sailors, Johnnie Butt and Bill Jones, duly appeared. This closed the plaintiff's case, and the Attorney-General at once proceeded to call his witnesses, reserving his remarks till the conclusion of the evidence. He had only two witnesses, Mr. Todd, the lawyer who drew and attested the will of Nov. 10, and his clerk, who also attested it, and their examination did not take long. In cross-examination, however, both these witnesses admitted that the testator was in a great state of passion when he executed the will, and gave details of the lively scene that then occurred. Then the Attorney-General rose to address the Court for the defendants. He said there were two questions before the Court, reserving, for the present, the question as to the admissibility of the evidence of Augusta Smithers; and those were--first, did the tattoo marks upon the lady's neck constitute a will at all? and secondly, supposing that they did, was it proved to the satisfaction of the Court that these undated marks were duly executed by a sane and uninfluenced man, in the presence of the witnesses, as required by the statute. He maintained, in the first place, that these marks were no will within the meaning of the statute; but, feeling that he was not on very sound ground on this point, quickly passed on to the other aspects of the case. With much force and ability he dwelt upon the strangeness of the whole story, and how it rested solely upon the evidence of one witness, Augusta Smithers. It was only if the Court accepted her evidence as it stood that it could come to the conclusion that the will was executed at all, or, indeed, that the two attesting witnesses were on the island at all. Considering the relations which existed between this witness and the plaintiff, was the Court prepared to accept her evidence in this unreserved way? Was it prepared to decide that this will, in favour of a man with whom the testator had violently quarrelled, and had disinherited in consequence of that quarrel, was not, if indeed it was executed at all, extorted by this lady from a weak and dying, and possibly a deranged, man? and with this question the learned gentleman sat down. He was followed briefly by the Solicitor-General and Mr. Fiddlestick; but though they talked fluently enough, addressing themselves to various minor points, they had nothing fresh of interest to adduce, and finishing at half-past three, Ja
PREV.   NEXT  
|<   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158  
159   160   161   >>  



Top keywords:
witnesses
 

evidence

 

executed

 

General

 

examination

 

question

 

prepared

 

Augusta

 

testator

 
Smithers

witness

 

reserving

 

statute

 

Attorney

 

plaintiff

 

conclusion

 

attested

 
aspects
 
island
 
Considering

relations

 

existed

 

ability

 

solely

 

accepted

 

strangeness

 

rested

 

attesting

 
extorted
 

talked


fluently
 
addressing
 

Fiddlestick

 
briefly
 
Solicitor
 
interest
 

adduce

 

finishing

 
points
 
gentleman

violently
 

quarrelled

 

disinherited

 
favour
 
decide
 

unreserved

 

consequence

 

quarrel

 

possibly

 

deranged