is signature and mark
were attached to the certificate of Registry. He, of course, was
objected to. It was insisted that if he was illiterate, he could not
have written his name--if literate, he should not have added his mark;
in either view it was contended, with the vehemence suited to such
occasions, that his registry was bad. It is, wherever I have authority
to adjudicate, a rule with me to decide as few abstract propositions as
I possibly can. I therefore resolved first to ascertain the fact whether
Darby Moran could write or not. I accordingly gave him paper, and asked
him could he write his name. He flippantly answered that he could, and
in my presence instantly wrote down 'John O'Brien'--he totally forgot
that he was playing Darby Moran. Thus this trick was exposed and
defeated."
A DEAD MAN WITH LIFE IN HIM.
It was difficult for O'Connell, even at an advanced period of his
professional career, to exhibit those powers as an advocate, which were
afterwards so finely developed; for the silk gown that encased inferior
merit gave a precedence to Protestant lawyers of even younger standing,
and he rarely had an opportunity of addressing a jury. This probably
induced him to cultivate with more ardor a talent for cross-examination,
which was unquestionably unrivalled, and which was displayed by him at a
very early period.
It exhibited itself very strongly in a trial on the Munster Circuit, in
which the question was, the validity of a will, by which property to
some amount was devised, and which the plaintiffs alleged was forged.
The subscribing witnesses swore that the deceased signed the will while
_life was in him_.
The evidence was going strong in favor of the will--at last O'Connell
undertook to cross-examine one of the witnesses. He shrewdly observed
that he was particular in swearing several times that "life was in the
testator when the will was signed," and that he saw his hand sign it.
"By virtue of your oath was he alive," said Mr. O'Connell.
"By virtue of my oath, _life was in him_;" and this the witness repeated
several times.
"Now," continued O'Connell, with great solemnity, and assuming an air of
inspiration--"I call on you, in presence of your Maker, before whom you
must one day be judged for the evidence you give here to-day, I solemnly
ask--and answer me at your peril--was it not a live fly that was in the
dead man's mouth when his hand was placed on the will?"
'The witness fell insta
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