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

Z lNlA-s ahl upon ludN tuNl-cEs AZ ica1t3 cease
70 harass bis unfortunate victim.
Frequent private conferences were now hs'
between Thorndyke, his two daughters, ar
EiiZabeth Wsreiig-a w@man sppToschin
middle sgs, whom, uHser the spseious presens
that Mrs. Thosndyke's interesting slimenl
rendered the services OF an experienced matro
indispensable, be had lately. Installed at IN
iarm. il was quite evident to both the moths
and dsushter thst much greater degree Of Ia
umaey existed between the master and house
keeper nan their relative positions warra ntet
and from scthe expressions hesdlessiF droppe
/ oy the woman, they suspected them 70 hsv
oees o &c on terms Of confidential intimacy
tborHtyke, ! should have mentioned, was no
q native Of tbsse parts be had answered Mr.
/ hoodley's advertisement as a hailiff. and hi
testimonials appearing satisfactory, be hsi
been someW hat pTeeipitEtely engaged. A yo1nl
man, calling himself Edward, TIE son Of Eliz
abeth NaTsing, and saiA to be engaged in Al
attorneys ONCE in Liverpool, was also a 90
uHfreeueat visitor at Dale Farm and once b.
had the irsoleut presumption to address a not,
Z to Mary Woodley formally rendering his hant
Z and fortune This, however, did not suit Mr.
/ IhoTndyke's views, and nf. Edward Warsinl
! was very eEsctgaily rebuked and silenced b
his proposed fatheT-in-law.
hrs. Thorndyke's health rapidly declined
! The woman Tsreing, touched possibly BY
l sympathy AID remorse, exhibited considerable
tenderness and compassion toward the invalid
made her nOurishing drinks, and administered
/ the medicine prescribed by the village practi
I tioner-who, after much delay and pooh, pooh
] ing, BY Thorndyke, had been called in-witl
I her own hands. About three weeks previous
1 to Mrs. Thorndyke's death, sort Of rseoncilis.
tion was patched up, through her iustrumen-
/ tslity, between the husband and wife and an
unwonted expression OF kindness and compas.
sion, real or simulated, sat upon Thorndyke's
features every time he approached the dying
woman.
The sands of life ebbed swiftly with Mrs
| Thorniyke. Infolded in the gentle, hut deadly
embrace with which consumption seiass its vic
Inns, she wasted rapidly away ard, most per
picking symptoms OF all, violent retchings and
nausea, especially after taking her medicine
which, according to Davis, the village surgeon,
was invariably OF a ssdative charaeter-aggra-
waited and confirmed the fatal disease which
was hurrying her to the tomb.
Not once during this last illness could Mary
WoOdley, By chance or BY stfatsgem, obtain a
moments private interview with her mother,
until few minutes before her decease Until
then, under one pretense or another, Elizabeth
Wareing, one Of ThOrndyke's daughters, or
Ihorndyke himself, was always present in the
sick chamber. L was EVENING" dafsness had
fo- some time faileny no light had yet been
taken into the dying somah's apartment; and
the rase starlight which family illunined the
room, served, as Mary Woodlsy softly ap-
preached on tip-toe to the bedside of her, as
she supposed, sleeping parent, but to deepen by
defining the shadows thrown BY the full, heavy
hangings, and the massive furniture. Gently,
and with beating heart, Mary WoOdley drew
back the bed curtain nearest the window. The
feeble, uncertain light fickered upon the coun-
tensnce, distinct in its mortal paleness, of her
parenti the eyes Recognized her, and glance
Of infinite tenderness cleaned for an instant
in the rapidly darkening orbsI the right arm
essayed to lift itself, as for oDeiast embrace.
Yai4lyl Love, love only, was strong, stron-
ger than death, IN the expiring mothers heart,
and the arm feel feebly back on the bedclothes
Mary W0Odley bent down in eager grief, for
she felt instinctively that the bitter hour at
last was come. Their lips met, and the last
accents Of the mother murmured, " Beloved
Mary, IL have been true to you-nO will
no -. A slight treraoF shook her frame /;
the spirit that looked in love from the windows
Of the eyes departed on its heavsnward Journey.
and the unconscious shell only of what bad once
been her mother remained in the sobbng daugh
ter's arms.
will not deny that this narrative. which
feel have but col .iy and feebiy rendered from
its earnest, fearful tenderness, as related by
Mary W0odley, affected me considerably
case-hardened as, to use an old bar pun, we
barristers are supposed to be nor will the
reader be surprised to hear that suspicious,
graver than those which pointed to forgery,
evoked by the sad history Much musing
upon the strange circumstances thus disclosed.
and profoundly eogitatIvs on the best mode Of
action 10 be pursued, the "smau bours,S the
first OF them at Least, surprised ns in my arm
chair. | started up, and FASTENED to b,d, well
knowing from experiences thata sleepless vigil
is wretched prepsfatlve for a morrow Of ac
tive exeftiOn Of mind or body.
was beiimes in court the next morning, and
Mr.. Barnes, proul as a peacock of figuring as
an attorney IN an important civil suit, was soon
az my side. The case had excited more inter
est than had supposed, and the court was very
early filed. Mary Woodiey and her grand
father soon srTiVed and nurmur of commits
Grafton ran through the auditory as they took
heir seats by the side Of srnes. Th re vas
a strong bar array ed saiust US and Mr.. Silas
Ihorndyke, 1 noticed, was extremely busy
and important with whis3erings and sugges-
tions 10 bis solicitor and counsel-received, of
course, ss such meaningless fzmiiidrtties are,
with barely ciFil indifference.
Twelve common Jurors were called and
sWern well and truly u try the issle, and
arose amidst breath ess silence to address them.
/ at once frankly stated the circumstances un-
u
and observed that if, for lack of advised pre-
parstion, the plaintiffs case failed on that day,
another trial, under favor Of he court above,
would, doubted noh at no distant period Of
time, reverse the possibly at present unfavora-
bic decision. " Nv learned friends on the
other side" continued, g smile at this quail
fed admission Of mine let chem do so. If
they apparently establish to-day the validity Of
a will which strips an only child Of the inher-
haE htr har Fafh.r thar mill /
tell them emphatically, have obtained but a
temporary triumph for person who-f l, If
you, gentlemen Of the Jury, are TO believe the
case intended TO be set Up as bar to the plain
tif's ciaim-has succeeded, by the grossest
brutality, the mos strOcious devices, in bend
ing the mind Of The deceased Mrs. Thorndyke
to his selfish purposes. my learned friend need
not Interrupt ne shall pursue these observa-
ti0ns. for be present, no further merely add
ing that /, that his l0rdship, that you, gentle
men of the jnry, will requiTs Of him the strict
est proof-pioof clear as light-that the in
strument upon which be relies to defeat the
equitable, the righteous claim Of the young
and amiabls person at my side, is genuine, and
not, as verify believe''--l looked as | spoke
| full in the face Of Thorndyke-" forged"
NJ lord,'' exclaimed the opposing counsel
" this is really insuffsrablel"
His lordship, however, did not interpose; ant
! I went on to relate, in the most telling manner
( Of which was capable, the history Of the de-
ceased Mrs. Thorndyke's first and second mar
| riages; he harmony and happiness of the first
] the wretchedness and cruelty which character
ized the second. | narrated, also, the dying
l words Of Mrs. Thorndyke to her daughter
! though repeatedly interrupted by the defend
/ ants coansei, who manifested great indignation
! that a statement uusnscsptible Of legal proof
should be addressed to the court andjury. Ms
address conclnded, I put in James Woodley'i
| will and, as the opposiag counsel did not dis
/ pute It's validity, nor require proof Of Mari
/ Woodley's identity, Iintimated that the plain
| tiff's case was closed.
The speech for the defendant was calm an'
/ guarded. It threw, or attempted 10 throw dis
/ credit on the death-oei " felton, got up, Mr.
] p said, simply with a view to effect an
be concluded by sverring that be should Be abl
70 establish the genuineness OF the will OF e
| len Thorndyke, now produced, By irresistabi
evidence. That done, however much the Iurl
might wish the property bad been otherwis
disposed Of, they would, Of course, return yer
dict 10 accordance with their oaths and the iaV
Of the land.
The first witness was Thomas Headly,
smith, residing near the Dale Farm. He sRor
positively that the late Mrs. Thorndyke, wh0I
be knew well, had cheeTfully signed the vi
now produced, after it had been eeliberatel
read over to her by her husband about fort
night before her death. Siiss ThOrndy Ike, job
Cummins, Elizabeth WaTeing, and witness
we're lhs only persons present. Mrs. Iho7r
dyke expressed confidence that her husban
! would provide for Mary WOodley.
! " And SO wiil,o sad slack Silas, rioing u
and looking round upon the auditory. " IL cd
will return, will be father to her,"
No look, no sound Of sympathy or approv'
/ greeted this generous declaration; and be 81
down again a little Disconnected.
asked this burly, half drnEken witness b
one question: When is your marriage wit
Rsbecca Thorndyke, the defendants eide
: daugh.rr. 70 be celebrated"
, % / don't know, Mr.. Lawyer perhaps never
81 That will do you can 90 down"
Mr. 5. - now rose TO state that bis eliel
. was unable 10 produce Elizabeth Wareing al
another of the attssting witnesses to the W
in court. No suspicion that anT opposition
the nolemn testament made by the neceas
E Mrs Thorndyke would be attempted, had be
I entertained; and the woman, unaware that
: testimony would be required, had left that pa
Z oF the rounfrN Every effort had been made