Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1849-02-23

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TO prove that the will could not be genuine,
because one Of its witnesses on his death
bed had confessed that il was forgery, and
that he and his friend had been hired by
Brown TO testify aud swear TO its being gem
uine. Here he adduced the affidavit Of
deceased witness, taken in full before James
Johnson, Esq, Justice Of the Peace, and
acknowledged by him So FAR all was clear,
and when the testimony closed Il seemed
clear that the case was won But when il
came Snapalrs turn, he demolished all their
hopes by proving that though James john
son, Esq. had signed himself Justice Of the
Peace, yet he was no magistrate, inasmnch
as his commission had expired the very day
before he signed the paper, and although he
had been re-appointed, yet he had not been
legally gndifedio acl as magis,rate-that
he might or might not have supposed him
self to be qualified to take an affidavit; aud
that the law, for very wise reasons, demand.
ed that an affidavit should be taken only by
q sworn magistrate. He was most happy,
he said, TO witness the cool assurance Of his
Young brother in the law; and the only diff
Guilty was that lie had proved nothing, ex.
cep, that his tender conscience permitted
him IN ofTer a. an AFFIDAVIT, naner that was
in law mo, worth a straw If any better than
a forgery ITSELF
There was much sympathy felt FOR poor
fondo, b,, he took !, very eoolIv and sssn.
I'd no .,y cas-, down IA, Sc,r,Il ,h.n
b,ongb, en,ward his other surviy;n. v;,ness
sallows.looking fellow. bnt his ,es,imo.
no vas clear decided and consistent, If
ne .s coD,,;,,;nc no,;u,v !, w,s Main
,S ~ he had hesn Eel d;;Ilsd nv snanaII
-, b., h;s oya nor lin nh n.
l - "A hi Sn.o.II
nee'"ess " ,"e ;na,, az ''.;, I ni.",
vas - u tIaNI ~ d.,
gu, ni.;. 49,,
gave up ." wi u.s. rs Phi pa" Ia '.-rsa
uon' as Ne 'ul"eu Over W. "'' a.u ,o ,o''a
ags'" ""u asau' "I S,, " go
,nlhg e'se o.s,ues ""A' oIaP'l, "a' Iays
ne ac'eu sp'Ie'n,"s as uos uues "" "e , %
'eeis sure NC - nes' 'e hsn' "a.A VI luz
game, 'nougn 'ie uaie "o' le' 'I'"
"hen Shapa,i was 'l'ousn, houuon re-
qnes'eu 'na' .ne WINES u'sn' aga" ue
od''u ~ '"e s'a"U' ' ~ we ~ ~
anu N"'u' anu ''u'u, '"" see.u % u "s
was .''e Que 'oou' W So,'''"u Pe,J'!.
iou'""e you, oa'" ~ no u ,'''a III 49,
PufPoiVlg 10 oe Tue VIII VI iie"'y i'ens"""'
was signed Dy MN III your p'ese"ee'
co
AND you slgneo y w'n your o"" manu-
as witness al Tue uihe
nat Is 'ne ua,e oi Tue ""i'
June ~, is3O' =,
Wnen aid tdensha" o'e
31ne -, iEov 49,, ,,,.uho H.
Al 81 you n',s =" '"s '''ss ""e's ~
80. a. -. W."
was ,w
81, s 80. - L.,;n
- ,h",o.hoo;sr
III" H.. 49, h.ndod ,ha ;,J, a,
- 49, ID nncnIdad 80 ia hafo,1
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"Was ,h., y;II,re +, I,,cs or , ANAL o,e ~
an, a.. ,a,re ari.ns snv bo,sa.n
"yo, L1ew sII ,bs hou.es veil I nrs
anna %
~ dian
"Was The house in which MIR Hensb,u
Ala ora CO.. o. ,,.o y,
"rr,.o Lo,;a.am
.pn, 90, To-, do,,, vo,7 w. h. !,
Tho Iower story oY in he chamber yyber
vo, yen, IN witness the decd ~
H. ,ho ,,;,nsss ,r;ad - ..,h n. or.
or SnaoaII I'm, Ioudon very ciyilly beI,
him 10 The no;n, A, length he said ri,
,ha ob,n,harn
"W;lI Won inform the court vha, was m,
collar If ,be bonse -
81 ,hink feel sure il v,,n,, pain,ed. bu
d;du,, take nnr,iculnr notice.
"Ru, Won saw !, every dpy for four year,
and don, Won knowq ,"
III was no, painted"
(which side of the street did il stand ?"
~ cam, remember
"Can Won remember which way the stree
%
~, ran ess, and west"
m'rha s,reo, ,,n sas, and we.,.--,be hons
,.o s,orv md nnns;n,ed and M, Hen.h,
X ch.mhsr hen you witnessed m
'.;II WILL hsvs In, ,wo ,h;ncs mo,
|, Which / n;li ,so"es, Of Won to do TN
g., l. 10 ala ~, non and /. rife vour nam
on ,ha, ,;sca oc naner nm The liable"
'" III RE ,r;,nsss demnr,ed and 50 did Sinai
. ,u m, Ioadon insisted upon il.
| W., ar -, ~, L..J ,,a,,,bIas ca u s,;d "a;