Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1849-12-20
DECEMBER go, 1S49.

n accordance with their oaths and the law of the
and.
The first witness was Thomas Headley,
smith, residing near Dale Farm. He swoTe po-
sitivey that the late Mrs. Thorndyke, whom he
knew WE'LL had cheerfully signed the will now
produced, after it had been deliberately read
over to her by her husband about fortnight be-
fore her death. Silas Thorndyke, John Cum,
Minis, Elizabeth Wareing and witness, were the
only persons present. Mrs. Thorndyke express
ed confidence tiiag her 8tgs sna wouldprovide I
for Mary Woolley.
"And so will" said sleek Silas, rising up,
and looking round upon the auditory. "lfshe
return, will be father to her."
No look, no sound of sympathy or approval,
greeted this generous declaration, and he sat
down again, not little Disconnected.
asked this burly, half-drunken witness but
ore question" When IS your marriage with
Robecca Thorndyke, the defendants eldest
daughter, to be celebrated !"
81 don't know, Mr.. Lawyer; perhaps never"
That will do you can 60 down."
Mr.. P now rose TO state that his client
was unable to produce Elizabeth Wareing, ano.
ther Of the attcsting 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 enter
, tanned and the woman, unaware that her tes-
), tinony would be required, had left that part OF
e the country Every effort had been madeby the
+ defendant to discover her abode without effect.
y 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 nov
b, prayed that secondary evidence to establish the
IL commences of Elizabeth WARNINGS attesting
l. signature should be admitted.
g of course vchomently opposed this demand,
= and broadly limited that the witness was purpose
er y kept out of the way.
ne "Will my learned friend, =" said Mr.. P
or with one of his sliest sneers "inform us what
We motive the defendant could possibly have to keel
its back witness so necessary to him"
ell elizabeth Wareing," courtly replied, INA.
ed not. upon reflection, be deemed a safe witnes
to subject to the ordeal of cross examination
h | Au to settle the NATTER my lord" exclaimed
ON " have here an affidavit of the plaintiff s attor
la. ney, in which he states that he has no doubt {
,sc being able to fna this important witness if tim
sss. be ltzed. hiaa fssh enaraose ,ll s aeaaas,
ven ed
ked A tremendous clamor of counsel hereupon o.
nge sued, and fierce and angry grew the war
dIy words. The hubbub was at lasted terminate
ur- by the Judge recommending that, under the ci
at cunstances Juror should be withdrawn
ted This suggestion, after some demnr. was arrec
eX to. One of the jurors was whispered to com
re- out the box; then the clerk of the court e,
he claimed, " My lord there are only eleven men o
the jury : and by the aid of this venerable.
md not clumsy eXpedient, the cause of Noodle
as p'rSuS Thorndykc was de .Gacto adjourned to
Don future day.
est | had not long returned to the hotel, when
cry was waited upon by Mr.. MILFORD, senior, the ia
Ifa Their OF the young man who had been forbddo
ser to visit Dale Farm by Thomdyke. His son, h
ler informed me, was ill from chagrin and anxiety
ing confined to his bed indeed and Mary Noodle
m had refused, it seemed, to accept pecuniary al
,or- from either the father or the son. Would en-
his deavor to terminate the arrangement which ha
as for some time unhappiy existed, and persuad
nth her to accept his, MILFORD Seniors freely offere
purse and services? Instantly accepted bot
orn the mission and the large sum which the exec
idst lent man rendered. a part of the money cav
nee Barnes to stimulate his exertions, and the rest
itch placed in the hand Of Mary Woodley's grandpt
we'd pa, with friendly odmonition to him not to a
lin- low his grandcmd to make a fool of herself; a
der eXhortatlon which produced its effect in due set
ted son
nos. Summer passed away autumn had come al
NV gone, and the winter assizes were once mo
led upon us. Regular proceedings had been take
let and the action in ojoctmcnt of Woodley rersj
day Thorndyke was once more on the cause list
hid the Chester circuit court, marked this time "a
hey special jury case. lndefatigable as Mr.. Barn
It had been in his search for Elijah eth Warcin
r not the slghtes. trace of her could he dscoye
the and went into court, with but slight expect
lin- ton of nvalidating the, as fully believed, ct
lm- tiCus will. We had, however, obtained a got
ling deal Of information relative to the former hist
mis- ry, not only of the absent Mrs. WA eng, but
in. Thorndyke HIMSELF and it was within the ranl
ions of probabilities that something mi ght come OF
that enabling me to use that knowledge to good pu
the pose. The plaintiff and old Mr.. Ward VIC
Of seated in court beside Mr.. Barnes, as on the 70
non mer abortive trial but Mary Woodley had, 70
ioh tnnately for herself, lost much of the intere
, BY which attaches to female comeliness and graz
we" when associated in the mind of the spectat
orn- with undeserved calamity and sorrow. II
black dress which she still wore the orthodt
lsel, twelve months of mourning for parent had n
yet quite elapsed-was now fresh, and of fiji
and quality, and the pale lilies of her face were i
lner terspersed with delicate roses; whilst by h
de- side sat Mr.. John MILFORD as happy looking
mar. if no such things as peTurers, forgers, or a
St verse verdcts existed to disturb the peace of d
ter glad world Altogether, we we're decidedly lie
ords interesting than on the former occasion. E
re- ward Wareing, must not omit to add wa
lsel, greatly to our surprise, present. He sat,
ate. great apparent amity, by the side Of Thor
adj dyke.
con. 1t was late in the afternoon, and twilight w
ID as gradually stealing over the diugy court, VIII
dity, the case was called, The special jury answt
ty, | ed to their Names were duly sworn, and tn
d. nearly the same preliminary speeches and q
and missions were made and put in as on the pr
row, vious occasion. Thomas Headley, the first W
MIR. ness called in support of the pretended will, u