threw, or rather
attempted to throw, discredit on the death-bed "fiction," got up, Mr.
P ---- said, simply with a view to effect; and he concluded by averring
that he should be able to establish the genuineness of the will of Ellen
Thorndyke, now produced, by irresistible evidence. That done, however
much the jury might wish the property had been otherwise disposed of,
they would of course return a verdict in accordance with their oaths and
the law of the land.

The first witness called was Thomas Headley, a smith, residing near Dale
Farm. He swore positively that the late Mrs. Thorndyke, whom he knew
well, had cheerfully signed the will now produced, after it had been
deliberately read over to her by her husband about a fortnight before her
death. Silas Thorndyke, John Cummins, Elizabeth Wareing, and witness,
were the only persons present. Mrs. Thorndyke expressed confidence that
her husband would provide for Mary Woodley.

"And so I will," said sleek Silas, rising up and looking round upon the
auditory. "If she will return, I will be a father to her."

No look, no sound of sympathy or approval, greeted this generous
declaration, and he sat down again not a little disconcerted.

I asked this burly, half-drunken witness but one question--"When is your
marriage with Rebecca Thorndyke, the defendant's eldest daughter, to be
celebrated?"

"I don't know, Mr. Lawyer; perhaps never."

"That will do; you can go down."

Mr. P ---- now rose to state that his client was unable to produce
Elizabeth Wareing, another of the attesting witnesses to the will, in
court. No suspicion that any opposition to the solemn testament made by
the deceased Mrs. Thorndyke would be attempted, had been entertained;
and the woman, unaware that her testimony would be required, had left
that part of the country. Every effort had been made by the defendant to
discover her abode without effect. It was believed she had gone to
America, where she had relatives. The defendant had filed an affidavit
setting forth these facts, and it was now prayed that secondary evidence
to establish the genuineness of Elizabeth Wareing's attesting signature
should be admitted.

I of course vehemently opposed this demand, and broadly hinted that the
witness was purposely kept out of the way.

"Will my learned friend," said Mr. P ---- with one of his sliest sneers,
"inform us what motive the defendant could possibly have to keep back a
witness so necessary to him?"