Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1858-03-11

a
tremely busy and important with whsperngs
and suggestions to his solicitor and counsel
received of course as much meaningless fa-
miliarties are, with barely civil Indifference
Twelve common Jurors were called and sworn
well and truly to try the issue, aud arose
amidst breathless silence to address them
| at once frankly stated the circumstances un-
der which the brief had come into my hands,
observed that if, for lack of advised prepara-
ton, the plaintiffs case failed on that day,
another trial under favor of the court above,
would doubted not at no distant period of
time, reverse the possibly at present unfavora-
bic decision. My learned friends on the
other side," continued, "smie at this quail
fed admission of mine let them do So If
they apparently establish todaythe validity of
a will which strips an only child of the inher-
tance beQueathed by her father, they will,
tell them emphaticaIly have obtained but a
temporary triumph for person who-f |, if
you, gentlemen Of the jury, are to believe the
case intended to be set up as a bar to the
plaintiffs clam-had succeeded, by the gross
est brutality, the most atrociouS devices, in
bending the mind of the deceased Mrs Thorn
dyke to his selfish purposes. Ny learned
friends need not interrupt me | shall pursue
these observations, for the present, no further ;
merely adding that |. that his lordshp, that
you gentlemen of the jury, will require of him
the strictest proof-proof clear as Ight-that
the instrument upon which he relies to defeat
the equitable, the righteous claim of the young
and amiabe person by my side, is genuine aud
not, as | verify beeive"-I looked. as spoke,
full in the face Of Thorndyke-" FORGED"
My ord," exclaimed the opposing counsel
this Is really iasufferable !"
His lordship, however, did not interpose !;
and went Oh to relate, in the most telling
manner of which | was capable the history of
the deceased Mrs Thorndyke's first and second
marriages the harmony and happiness Of the
firSt-the wretchedness and cruelty which
characterized the second. | narrated, also,
the dying words Of Mrs. Thorndyke to her
daughter, though repeatedly interrupted by
the defendants counsel, who manifested great
Indignation that a statement unsusceptble Of
legal proof should be addressed to the court
aud jury My address concluded, | put in
James Woodcy's will aud, as the opposing
counsel did not dispute its validity, nor require
proof of Mary Woodley's identify, | intimated
the plaintiffs case was closed.
The speech for the defendant was calm and
guarded. 1t threw, or rather attempted to
throw, dscredit on the dcath-bed fiction"
got up, Mr.. P--said, simply with view
to effect and ne concluded by averring that
he should be able to establish the genuineness
of the will of Ellen Thorndyke, now produced
uy irresistible evidence That done, however
much the jury might wish the property had
been otherwise disposed of, they would, Of
1;nt in u,itI,
their oaths and the law of the land.
The first witness called was Thomas Head
ley, "A smith, residing near the Dale farm -
He swore positively that the late Mrs Thorn
dyke, whom he knew well, had cheerfully Sign
ed the bill now produced, after it had been
deliberately read over to her by her husband
about a fortnight before her death SiIas
Thorndyke, John Cummins, Elizabeth Ware
ing, and witness were the only persons present
MIR. Thorndkye expressed confidence that
her husband would provide for Mary Wood
ley. ..-.....
"And so will" said sleek Silas, rising up
and looking round upon the auditory +" If
she will return | will be father to her"
No look, no sound of sympathy or approval,
greeted this generous declaration aud he sat
down again not little Disconnected
I asked this burly, half-drunken witness but
one question when is your marriage with
Rcbecca Thorndyke, the defendants eldest
daughter, to be celebrated 2"
Il don't know, Mr.. Lawyer perhaps uev-
err
THAT will do; you can go down"
Mr. P now rose to state that his client
was unable to produce Elizabeth Wareing,
Of u-itn to ba
will, in court No suspicion that any opposi-
ton to the solemn testament made by the de-
ceased Mrs Thorndyke would be attempted,
had been entertained and the woman, una
ware that her testimony would be required,
had left that part of the country. Every eff
fort had been made by the defendant to disco
yer her abode without effect. 1t was believed
she had gone to America, where she had rela-
tiVeS
The defendant had fled an affidavit setting
forth these facts and it was now prayed that
secondary evidence to establish the genuine.
ness of Elizabeth Wareing's attcsting sigua-
ture should be admitted. .ss
/ Of course vehGmentIy opposed this demand
aud broadly hinted that the witness was pur-
poseIy kept ont of the way
"Will my learned friend" said Mr. P
with one of his slyest sneers inform US what
motive the defendant could possibly have to
keep back witness so necessary to him 2"
elizabeth Wareing," l curtly replied,
"may not, upon reflection, be deemed safe
witness to subject to the ordeal of a cross-ex-
animation. But to settle the matter, my lord, y
| exclaimed, :" l have here an affidavit of the
plaintiffs attorney, in which he states that he
has no doubt of being able to find this impor-
tant witness if time be allowed him for the
purpose the defendant of course undertaking
to call her when produced"
A tremendous clamor of counsel hereupon
ensued, and fierce and angry grew the war Of
words. The hubbub was at last terminated
by the Judge recommending that under the
circumstances, g juror should be Withdrawn"