Saint Paul weekly Minnesotian., 1858-12-04

ocTSuS lHoIliuykc WAS OlCc HuOIc OH ulc CduSt
list of the.chester circuit court, marked this
time as special jury case. lndefatigable as
Mr.. Barnes had been in his search for Eliza
beth Wareing, not the slightest trace Of her
could be discover and went into court
therefore, with but slight expectation of inval-
idatins the, as fully believed, fictitious will.
We had, however, obtained good deal of i'll
formation relative to the former history not
only of tie absent Mrs. Wareing, but OF
Thorndyke himself; and it was quite within
the range of probabilities that something
might come out, enabling me to use that
knowledge to good purpose. The plaintiff and
old Mr.. Ward were seated in court beside Mr..
Barnes, as ON the former abortivc trial but
Mary Woodley had, fortunately for herself,
lost much of the interest which attaches to
female comeliness and grace when associated
in the mind of the spectator in the mind OF
the spectator with undeserved calamity and
sorrow. The black dress which she still
wOre-the orthodox twelve months of mour-
ming for parent had not yet quite elapsed
was now fresh, and of fine quality land the
pale lilies of her face were interrupted with
delicate roses whilst by her side sat John
Wilford, as happy looking as if no such things
as perjurers, forgers, or diverse verdicts exis-
ted to disturb the peace of the glad world
Altogether, we were decidedly less interest
ing than on the former occasion. Edward
Wareing, must not omit to add, was, great
ly to our surprise, present He sat in
great apparent amity, by the side of Thorn
dyke.
1t 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 Hcadly, the
first witness called in support of the pretend
ed will, underwent vigorous examination :;
but was unable to exact anything Of impor-
tance from him.
"And now," seid the defendants leading
counsel, ''let me ask my learned friend if he
has succeeded in obtaining the attendance of
| Elizabeth Wareing ?"
was of course obliged to confess that we
had been unable to find her and the Judge
remarked in that case he could receive second
| ary evidence in proof of her attestation of the
| will.
A whispered but manifestly eager confer
ence hereto place between t defendant
and his counsel, occasionally joined in by Ed
ward Wareing. There appeared to be indie
cision or hesitation to their deliberations; but
at last Mr.. P rose, and with some
Ostentaton in manner addressed the court
In the discharge of my dutyto the
defendant in this action, my lord, upon whose
fair fame much undeserved obloquy has been
cast by the speeches of the plaintiffs counsel
speeches unsupported by a shadow of evil
dence-I have to state that, anxious above all
things to stand perfectly justified before his
neighbors and society, he has, at great trou-
bic and expenses, obtained the presence here
to-day of the witness Elizabeth Warcing.-
She had gone to reside in France with a res
pectable English family in the situation of
housckeeper. We shall now place her in the
witness-box, and having done so, l trust we
shall hear no more of the slanderOus imputa-
tons so freely lavished on my client Call Eli
zabeth Wareing into court
A movement of surprise and curiosity agi
tated the entire auditory at this announce
ment. Mr.. Silas Thorndyke's naturally ca
daverous cOuntenance assumed an ashy hue,
'inspitc of his efforts to appear easy and jubil:
ant /; and for the proceedings l entertained
the hope of a successful issue.
Mrs. Wareing appeared in answer to call,
and was duly sworn Ito tell the truth, the
whole truth, and nothing but the truth" She
was good-loOking woman, of perhaps forty
years of age, and bore striking resemblance
of her son. She rapidly, smoothly, and un-
hesitatingly confdenced the evidence of Head
ly to a title She trembled, l observed excess
sively A.; and on the examining counsel intima-
ting that he had no more questions to ask,
turned hastily to leave the box.
"Stay-stay, my good woman" | exclaim
ed ''you and must have some talk together
before we part"
She started and looked at me with frightful
earnestness; and then her nervous glances
stole towards Mr.. Silas Thorndyke. There
was no comfort there in his countenancc
she only saw the reflex of his agitation and
anxiety which marked her own. Sleek Silas,
| could see, repented of the rash move he had
made, and would have given great deal to
get his witness safely and quietly out of the
Court.
1t was now nearly dark, and observing that
it was necessary the court and jury should
see as we'll as hear the witness whilst under
examination, requested that lights should be
brought in. This was done. Two candles
were placed in front of the witness-boX, one
or each side of Mrs. Wareing a few others
were disposed about the bench and jury desks.
The effect of this partial lightning of the gloo-
my old court was, that the witness stood out
in strong and bright relief from the surround
ing Shadows rendering the minutest change
or play of her features distincly visible. Mr..
Sias Thorndyke was, from his position
thrown entirely into the shade, and any tele-
graphing been him and the witness was thus
rendered impossible. This preparation, as if
for some extraordinary and solemn purpose,
together with the profound silence which
regned in the court told fearfully, as | ex-
pected, upon the nerves of Mrs. Elizabeth
Wareing. She already seemed as if about
to swoon with agitation and i'll defined al
arm.
pray, madam" said I, sis your name
Wareing, or Tucker ~
She did not answer, and I repeated the
question
" Tucker" she at last replied in tremu-
lOus whisper.
81 thought So And pray, Mrs Tucker
were you ever in trouble in London, for rob-
bing your lodgings ~
I thought she attempted to answer but no
sound passed her lips. One ofsthe ushers ofthe
Court handed her glass of water at my sug-
gestion, and she seemed to recover somewhat.
l pressed my question; and at last she re-
piled to the same low, agitated voice, eyes,
have been"
kHOW y Ou nave, MI. CHdS 1IOIIluNc,
believe, was your bail on that occasion, and
the matter was, understand, compromised
-arranged-at all events the prosecution was
not pressed. Is not that SO ?"
& Yes-no-yes."
Very well either answer will do. You
lived also, believe, with Mr.. Thorndyke, as
his housekeeper of course, when he was in
business concoctor and vender of infalli-
BILE drugs and pills ~
eyes"
" He was held to be skilful in the prepa-
rations of drugs, was he not-well versed in
their properties ~
"Yes-I believe SOL do not know
Why am asked such questions ?''
You will know presently. And now wo-
man, answer the question am about to put
to you, as you will be compelled to answer it
to God at the last great day-what was the
nature of the drug which you or he mixed