The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1843-01-27

ed absolutely miserable
Are you sure tina, it was in Scp,cmbcr' asked
Fisk, going on with his notes; although it was Il
moment Of intense anxiety,
y am.
Fisk rose and took the will from the witness.
the will is dated August 10Th, and purpor,s to
be executed on that day. said he, handing it 10
the surrogate. Heres strange discrepancy be-
tween The date and execution
How do YOU account for that, sir said Mr. Jag
ger, looking very profoundly at him.
don't pretend to account for II, replied Iliggs.
'Ail know is, that put my signature TO that
paper at the request of MIR Crawford, and it must
have been in September; for Mr. Wilkins and my
self were both absent from the city during the
month of August, and did not return until Sep,em-
Der. |. was shortly after our return. think
within week. ! cant swear 10 the day Of the
month; but ii was from the Gfih to the tenth of
September. If that will states that we witnessed
it in August, it's wrong
There was look of triumph on the face of Boil
ton, when Fisk, after u long and fiuess Cross
examination told the witness that he might CO.
Mr. Whitman then called George wilkins.
His testimony was substantially the same as
that of IIiggs; and he sustained very severe
cross examination without the slightest flinching.
lie was blunt and even savage in his manner; but
his testimony was direct and clear; and when en-
amined as to the date of the execution Of the will,
he sworc positively that it was on the fifth or sixth
of September, he did not recoect which; bat he
was sure it was one or the other. lie was pres
enl, knew Mr. Crawford, and saw him sign the pa
per. l, was in Bottoms office He also swore to
the capacity of the lcsa,or.
We have done with the witness, said Whitman,
leaning back in his chair
Again Fisk tried cross examining: but n. last he
threw down his pen, after having exhausted every
effort 10 impair his testimony without Success He
felt that the day was against him. Ills manner
was unconstrancd; his smile plcasant; but both of
the lawyers opposed TO him were too well acquain-
ted with his manner no, 10 be satisfied that he
was greatly disappointed, rs he dismissed the wit
ness.
Probate Of the will was then requested; but Mr.
Fisk mentioned that i, was his intention to intro
dnce Witnesses on the part of the hcir.at-law, and
The surrogate declined giving a decision until they
had been heard.
The whole morning had been consumed in the
examination of IIiggs and Wilkins, and in skr-
mishes between the lawyers as to points Of law
and the adInis stability Of evidence, the detail Of
which has been IN great measure omitted, As
soon as they had got through, Mr. Jaeger drew out
a large watch, looked at the hour, compared i
with the clock over the door, held i, to Lis car ad-
ouIncd the court for two hours, and without the
loss of time jumped up, put on his hat, and walk
ed directly out of The office, looking neither to the
right or lcll and speaking TO none
His example was followed by the others, who
gradually dropped of, until the man in the rrizz'cd
wig, who was quietly slumbcring behind lis spec
'acles with his pen in his hand and large blot on
the page where he nd in,emil,ed his hbors, was
the sole occupant of the Office.
The hour to which the court had adjourned be-
ing nigh at hand, they once more directed their
steps TO the surrogate g office,
II Is scarcely necessary TO trace Fisk through
the gradual Development of Bottoms case. Wit
ness after witness was produced. The character
of both lliggs and Wilkins was painted in lis true
light; vest where all were vile, callous, hardened
and reckless. ETcn Ilags, indlcnt MS he usually
was TO the opinion Of those abcu, him, SUNK into
a corner away from the eye Of the crowd ard
leaned down his head so that none could see hi
face. Bolton still sat where he had stationed him.
self Il, the beginning Of The cause; bat his face.
usually so pale, became flushed. lie dared not
look a, his own lawyer; for he felt that every now
and then the piercing eyes Of Mr. Whitman were
flashing on him in gances Of fire, and that while
he was lOboring the utmost in his cause, his mind
was filed with suspicion.
"a Id pretty pair Of witnesses you had TO that
WILL said he at last, in n snappish whisper.
never vouchcd for their character. replied Dol.
ton, with apparent GOODNESS. you know how
they happened to witness it. a man has all sorts
Of men among his clients
Mr. Whitman turned his back on him; and Mr.
Fisk went on with his case A witness was pro.
duccd TO prove assertions of Cotton that the will
had been executed on the tenth of August. On
tho crosS.exannalion however he became con
fused, and eventually con'radicted all that he had
said in his direct examination; and when he got
out of Mr. Whiiman's hands his testimony amour
ted to nothing. Still Fisk produced witness after
witness; some proving thing some another, but
all materially Strengthening his case. With the
exception just mentioned The case looked unfivora-
bic 10 the ATTORNEY. Persnns of nnimnenchnLle