th reference to the suggested
form of action, of much difficulty! After this effort he rallied no
more, but lay in a dozing state all day; his friend, his brother, and
myself, by turns, sitting at his bedside. He appeared to suffer no pain.
I sate with him till about six o'clock, gazing at him with mournful
intensity, perceiving that the struggle was rapidly drawing to a close.
Being compelled to leave, I intended to have returned at eight o'clock;
but, alas! a little before that hour, tidings were brought me that at
shortly after seven o'clock our poor friend had been released from his
sufferings. A few minutes before he expired, none being present but his
brother and the laundress, he gently placed his left hand under his left
cheek, and, after a few soft breathings, each longer than the preceding
one, without apparent pain, ceased to exist upon earth. I immediately
repaired to his chambers, and joined his brother and his oldest friend.
They were sitting in mournful silence in his sitting room. Around us
were all the evidences of our departed friend's very recent
occupancy--his spectacles lay on the table;--many briefs, some of which
I had seen his own feeble hands open only a few days before, so
remained, as well as various books; among which were two large
interleaved copies of his "Mercantile Law" and "Leading Cases," with
considerable MS. additions and corrections in his own handwriting. When
I looked at all these, and reflected that the prematurely wasted remains
of one of my earliest and most faithful friends lay, scarce yet cold, in
the adjoining room, I own that I felt it difficult to suppress my
emotions.

Quis desiderio sit pudor, aut modus
Tam cari capitis?

He died on the 17th December, 1845. On looking among his papers, there
was found a will which he had executed so long before as the year 1837,
for a reason assigned in that document, viz., that on the 3d of July in
that year, was passed the important Act of 7 Will. IV., and 1 Vict. c.
26, which rendered it necessary for all wills to be signed by the
testator in the presence of two or more attesting witnesses, none having
till then been necessary in the case of wills of personal estate, which
alone Mr. Smith left behind him. This document contains some
characteristic touches. It begins in this old fashioned and formal
style:--

"In the name of God, Amen!

"I, John William Smith, of the Inner Temple, barrister-at-law, being
minded to make