from Eltham and the remains had been
found at Eltham, that would have had some significance. But he can only
have been last seen at one of the places, whereas the remains have been
found at both places. Here again my learned friend seems to have proved
too much."

"But I need not occupy your time further. I repeat that, in order to
justify us in presuming the death of the testator, clear and positive
evidence would be necessary. That no such evidence has been brought
forward. Accordingly, seeing that the testator may return at any time
and is entitled to find his property intact, I shall ask you for a
verdict that will secure to him this measure of ordinary justice."

At the conclusion of Mr. Heath's speech the judge, as if awakening from
a refreshing nap, opened his eyes; and uncommonly shrewd, intelligent
eyes they were, when the expressive eyelids were duly tucked up out of
the way. He commenced by reading over a part of the will and certain
notes--which he appeared to have made in some miraculous fashion with
his eyes shut--and then proceeded to review the evidence and the
counsels' arguments for the instruction of the jury.

"Before considering the evidence which you have heard, gentlemen," he
said, "it will be well for me to say a few words to you on the general
legal aspects of the case which is occupying our attention."

"If a person goes abroad or disappears from his home and his ordinary
places of resort and is absent for a long period of time, the
presumption of death arises at the expiration of seven years from the
date on which he was last heard of. That is to say, that the total
disappearance of an individual for seven years constitutes presumptive
evidence that the said individual is dead; and the presumption can be
set aside only by the production of evidence that he was alive at some
time within that period of seven years. But if, on the other hand, it
is sought to presume the death of a person who has been absent for a
shorter period than seven years, it is necessary to produce such
evidence as shall make it highly probable that the said person is dead.
Of course, presumption implies supposition as opposed to actual
demonstration; but, nevertheless, the evidence in such a case must be of
a kind that tends to create a very strong belief that death has
occurred; and I need hardly say that the shorter the period of absence,
the more convincing must be the evidence.

"In the present case, the testator