FREE BOOKS

Author's List




PREV.   NEXT  
|<   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110  
111   112   113   114   >>  
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
PREV.   NEXT  
|<   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110  
111   112   113   114   >>  



Top keywords:

Connell

 
period
 

witnesses

 

evidence

 

presence

 

witness

 

signed

 

virtue

 
subscribing
 

deceased


plaintiffs

 

exhibited

 

strongly

 

displayed

 

unrivalled

 
talent
 

examination

 

unquestionably

 
Munster
 

amount


devised

 

alleged

 

property

 

Circuit

 
question
 

validity

 

forged

 

inspiration

 

solemnity

 

assuming


solemnly

 

answer

 
judged
 
continued
 

shrewdly

 

observed

 

swearing

 

examine

 

undertook

 

strong


testator

 
repeated
 

finely

 

resolved

 

possibly

 

propositions

 

decide

 

abstract

 
ascertain
 
answered