Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1858-06-06

dHAirti-lohuurd 20 DIS ped. inneed anu. MAJ
Woodley bad refused, IL seemed, to accept pc
cuniary aid ffom either the father or The ST.
Would | endesvor 10 terminate the estrange
ment which had for some time unhappilv ex
listed, aud persuade her to accept bic. Wilford
senioT's, freely-offsred purse and serviee2
instantly accepted both the mission and To
large sum which the excellent man rendered
A part Of The money gave Barnes to siimn
late bis exeTtions, and the rest placed In ID
hands Of Mary Woodleyis graEdpspa. with
friendly adnonition to him not 70 allow ht
grandchil5 70 make a fool Of herself, an ex
hortation which produced its effect in due sea
son.
Summer pissed away, autumn had come an'
| gone, and the winter assi2ss were once more
upon us. Regular proceedings bad been taken
and the action In ejsctment ct Woodlsy esr5us
! ThoTndyke was once more on the cause list OF
4 Chester eireuit court, marked this time as 2
! special jury case. Indefatigable as Mr.. Barnes
/ bad been in his search for Elizabeth Wareing
not the slightest trace Of her could he discover
and went into ceurt, therefore, with but slight
expectation OF invalidating the, as fully be-
| lieved, fictitious will We bad, however, OBJ
tanned gooi deal Of information relative TO
the former history; not only Of the absent Eliz
abeth Wareing, but Of Torndyks himself and
/ it was quite within the range Of probabilities
I that something uight come out enabling me to
I uos NHhk kAoaAtAEt 70 EOOl PURPOSE nc
( plsintif and old Mr.. Ward were seated In
court beside Mr.. Barnes, as on the former
sbortive trial; but Mary Weodley had, foTtu-
nately for herself, lost much Of the interest
which attaches 10 a female eemsliness and
grace when associated in the mind Of the spec
ystor with rndessrTed calamity and sorrOw-
The black dress which she still wore-the
orthodox twelve months Of mourning for a
parent had not yet quite elspsed-was now
I a - E-. ~ h. -
her face were intersperssd with delicate roses
while by her side sat Mr.. john Wilford, as
happy in lock as if no such things as peTjuTers,
f0rgers, or adverse verdicts existed, to disturb
the peace Of the glad world. Altogether, we
were decidedly less interesting than on the
former occasion. Edward Wsreing, | must
not omit to add, was, greatly to our surprise,
present. He sat, In great apparent amity, By
the side Of Mr.. Thorndyke.
Il was late In the afternoon, and twilight
was gradually stealing over the dingy court,
when the case was called. The special Jury
answered to their names, were duly sworn, and
then nearly the same preliminary speeches and
admissions were made and put in as on the
previous occasion. Thomas Hsadley, the first
witness called in support of the pretended will,
underwent vigorous cross-examinati0n but
| was unable e exact anything Of Importance
from him.
4" And now,'. said the defendants leading
counsel, " let me ask my learned friend il be
has succeeded in obtaining the attendance Of
Elizabeth Wareing?n
was Of course obliged to confess that We
had been unable to find her; and the Judge re-
marked in that case be could receive secondary
evidence in proof Of her attsstation OF the
will
A whispered but manifes.Iy eager conference
here took place between the defendant aud his
counsel, occasionally joined in by Edward
Wareing. There appeared to be an indecision
or hesitation IN their deliberations but at last
Mr.. P rose, and with some ostentation
Of manner addressed the court:
" In the discharge Of my duty to the defend
ant in this action, my lord. upon whose fair
fame much undessrved obloqny has been cast
by the speeches OF the plaintiffs counsel
speeches unsupported by shadow OF evidence
II have to state that, anxious above all things
70 stand perfectly justified before his neighbOTs
aud society, be has, at great trouble and ex
pense, obtained the presence here to-day Of the
witness Elizabeth Wareing. She had gone to
reside in France with a respectable English
family, in the situation Of hOusekeepsr. We
shall now place neF in the witness box, aud,
having done 30, trust we shall hear no more
Of the slanderous imputations so freely lavisbed
upon M client. Call Elizabeth Wsreing into
court "
A movement Of surprise and curiosity sgi-
tated the entire auditory at this announcement.
Mr.. Sias Ihorndlk-'s naturally csdaFsrous
cOuntsnance assumed an ashy hue, IN spite Of
his effort to appear essy and jubilan' and for
the first time since the commencement Of the
proceedings, entertained the hope Of a sue
eessful issue.
Mrs. Wareing appeared 10 answer to the call,
and WIS duly sworn " to tell the truth, the
whole truth, and nothing Sut the truth" She
was goOd-leoking woman, Of perhaps forty
wears of age, a q bore a striking resemblance
to her son She "a ,idly, smoothly and unhesi-
talingly confirmed the evidence Of H ad ey to q
title. She trembled, / observed, excessively ;
and, on the examining counsel lutimsting that
he hai no more questions 70 ask, turned hastily
to leave the box.
"ssay-s.ay, my good woman, . exclaimed,
you and must have a talk together before
we part"
She started and looked back at me with
frightful earuestnCss and then her nervous
glances stole toward Mr. Silss Thorndyke.
There was no comfort therein his eounte-
nance she only saw the reh-x Of the agitation
and anxiety which marked her own. Sleek
Sias, could see, repenied Of the too rash
move he had made, and would have given a
great deal to get his witness safely and quietly
out Of court.
twas now nearly dark and observing that
it was necessary the court and jury should see,
as well az bear, the witness, while under eX-
animation, l requested that lights should be
brought IN. This was done. Two candles
we're placed in front of the witness-box, one on
each side OF Mrs. Wareiug; a few others were
disposed about the bench aGd jury-desks
The effect Of this partial lighting Of The gloomy
old court, was that the witness stood out il
strong and bright relief from the surrounding
shadows, rendering the minutest change OF play
Of her features distinctly visible.
Mr. Silas Thorndy Ike was, from bis position
thrown entirely into the shade, and any ts,e.
graphing between him and the witness was
th9s rendered impossible. This preparation
as if for some extraordinary and solemn pur-
/ poses, together with the profound silence
| which reigned 10 the court, told fearfullr, al
expected, upon the nerves Of Mrs. ElizabeIt
/ WaTeing She already seemed as n about L
swoon with agitation and ill-dsfined alarm
"Pray, madam" said /, is your nam
| Wareing or Tucker ?"
She did not answer repeated the question
Tucker" she at last replied, in a tremu
/ lous whisper.
81 thought so and pray, Mrs. Tscker, wer'
you ever in trouble in London for robbing you
| lodgings?"
Thought she attempted to answer, but nC
sound passed her lips. One Of the usheTs o
! lue couit udhutu ucA stdoo VI Nas1A a. ~
suggestion, and she seemed to recover some
what. pressed my question, and at last sh'
replied in the same low, sgitatsd voice, '' es
have been.n
al know you have; Mr.. Silas ThOrndyke,
believe, was your bail on that occasion, an
the matter was, | understood, compromised
arranged-at all events he prosecution was no
pressed. Is not that SOP"
8 Yes-no-yes."
81 urrfN a n
lived also, believe, with Mr.. TbOrhdyke, a
bis housekeeper, Of course, when, be was in To
business as a concoctor and vender OF infalibl
drugs and pills 2"
ssYesO -
/" he was held to be skillful in the prepara
tion Of drugs, was be not-well versed in thei
propsrties?"
sYes-I believe SOL do not know. Wb
am ] asked such questions?"
"YOu will know presently. And now, woDaE
answer the question | am about to put to yOl
as you will be compelled to answer it to Go
at the last great day. What was the natuI
Of the drug which you or be mixed with II
medicine prescribed for the late Mrs. Thor
dyke ?D
A spasmodie shrek, checked By dsspsrai
! effort, partially escaped her, and she stoC
fxsdly gazing, with starting eyes, into n
face.
The profoundest silence Teigned IN the eou
as I reiterated the question.
'sYOu must answer, woman" said the judg
/ sterny, Sunless you know your answer vi
criminate yourself"
t The witness looked wildly round the court,
} il in search Of counsel or sympathy but e
I countering none but frowning and eager faces
rhorndyke she could not discern in the dar
> ness-she became giddy and panie-stTicken, Al
seemed TO lose all presence of mind.
"Hs-he-be," she al last gsspsd, {"
Z mixed it. do not know. But hoW," q
] added, pushing back her hair, and pressing b
0 bands against her hot temples, "ean this b.
d What can it mean?"
A movement among the bystanders just
= this moment attracted the notice of the JUDI
Z and be Immediately exclaimed, {" The defen
ant must not leave the court" An ofiC
i placed himself beside the wretched murder
Z as well as forgsr, and | resumed the eroi
u examination Of the witness.
y "NoW. Mrs. Tucker please to look at q
= letter. (lt was that which had been addres.
3 to Mary Woodley by her son. That, |
lieVe, is your sons handWriting.H