Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-04-03
THE SECOND MARRIAGE.
ICONCLUD Ed

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was soon at my side I he case had excited
more interest than had supposed and the
court was very early filled. Mary WoOdley
and her grandfather soon arrived; and a muir
mur of commisseration ran through the audi
tory they took their seats by the side of
Barnes. There was a strong bar arrayed
against US and Mr.. Silas Thorndyke, L no.
tced, was extremely busy and important with
whisperings and suggestions to bis solicitor and
eounsel-received, of course, as such meaning
less familarities are, with barely civil indifer-
ence.
Twelve common Jurors were called and sworn
well aud truly TO try the issue and I arose
amidst breathless silence to address them. I
at once frankly stated the circumstances under
winch the brief had come into my hands and
observed that if, for lack of advised prepara
hon, 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 unfavor-
able decision. . My learned friends on the
other side. L continued, ''smile at this quail
he'd admission Of mine; let them do so. II
they apparently establish to-day the validity
OF a will which strips only child Of the in
heritance bequeathed by her father, they will,
tell them emphatically, have obtained but
temporary triumph for person whO-if l. if
you, gentlemen of the jury, are to believe the
case intended To be set up as a bar TO the
plaintiff claim-has succeeded, by the gross
est brutality. the most atrOcious devices in
bending the mind of the deceased Mrs Thorn
dyke to his selfish purposes. My learned friend
need not interrupt me; | shall pursue these
observations, for the present no further; mere
ly adding that |, that his IOrdshp that YOU
gentlemen of the jury, will require of him the
strlctest prOOf-prOOf clear as Iight-that the
Instrument upon which he relies to defeat the
equitable, the righteous claim of the young and
amlable person at my side, is genuine, and not
halN -0lf l.. n
in the face of ThOrndyke-'s forged''
My lord, exclaimed the opposing counsel
= this is really insuferabIe,''
His lOrdship, however, did not interpose :;
and went on to relate, In the most telling
manner OF which L was capable, the history Of
the deceased Mrs. IhOrndyke's first and second
marriages; the harmony and happiness of the
hrst-the wretchedness and cruelty which char
aeterized the second. L narrated also, the
dying words of Mrs. ThOrndyke to her daugh-
Ter, though repeatedly interrupted by the de-
fendant s counsel, who manifested great indig-
nation that statement unsusceptibIe of legal
proof should be addressed to the court and Jury
My address concluded put in James Wood
ley viii and, as the opposing counsel did not
dispute Its validity, nor require proof of Mary
hoOdley sldentlty, intimated that the plain
tit case was closed
The speech for the defendant was calm and
guarded. 1t threw, or attempted to throw.
dlscredit on the death bed = felton, got nm
Mr.. P said, simply with a view to effect
ana he concluded by averring that he should
be able to establish the genuineness Of the will
OF Ellen IhOrndyke, now produced, by irresst-
able evidence. That done, however much the
jury might wish the property had been ether
wise disposed Of, they would, of course. return
verdict In accordance with their oaths and
the law Of the land.
The first witness called was Thomas Ueadly
n smith, residing near the Dale Farm. lie
swore positively that the late Mrs Thorndyke
whom he knew we'll, had cheerfulIy signed the
will now produced, after it had been deliber
ately read over to her by her husband about a
fortnight before her death. Silas Thorndyke,
John Cummlns, Elizabeth Wareiny and wit
ness, were the only persons present Mrs
IhOrndyke expressed confidence that her hus-
band would provide for Mary Woodley
And 80 L will, +" said sleek Silas. rising I'D
and looking round upon the auditory "If she
VIII return, will be a father to her.
No look, no sound of sympathy or approval,
greeted this generous declaration and he sat
down again a little disconnected
L asked this burly, half drunken witness but
one question: When is your marriage with
Reoecca ThOrndyke, the defendant's eldest
daughter, to be celebrated! !''
don know, Mr. Lawyer; perhaps never +"
That Will do; you can go down.
Mr. . now rose to state that his client
was unable to produce Elizabeth Wareipo and
another of the atteSting witnesses to the will
IN court No suspicion that any opposition to
the solemn testament made by the deceased
Mrs IhOrndy ke would be attempted had been
entertained; and the woman, unaware that
her testimony would be required had left that
part OF the country. Every effort had been
made by the defendant to discover her abode
without effect. Ii was believed she had gone
10 America, where she had relatives The de-
iendant had filed an affidavit setting forth
these facts; and it was now prayed that sec
sndary evidence to establish the genuineness
Ci EiLaoeth Narelng's attesting signature
should be admitted.
Of course yehemently opposed this demand
and broadly limited that the witness was pur-
posely kept out of the way
will my learned friend,' said Mr.. P,
with one OF his slyest sneers, Inform US what
%nOtye the defendant could possibly have to
Keep back witness SO necessary to him."
Elizabeth Wareing, Icurtly replied "may
Rot, upon reflection, be deemed a safe witness
10 suhjsct to The ordeal Of "a cross-examination.
But to settle the matter, my lord, - exclaimed
:" have here an affidavit Of the plaintiff at
tOrney, in which he states that he has no doubt
of being able TO find this important witness If
time be allowed him for the purpose; the de-
tendaut OF course undertaking to call her when
produced.
tremendous claInor 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 cir
cumstances, IA juror should be withdrawn. -
This suggestion, after some demur was agreed
To- One Of the jurors was whispered to come
out Ot the boz ts:sn the clerk of the court ex-
claimed Ny lord there are only eleven men
on the jury and by the aid Of this venerable
III clumsy expedIent, the cause of WOoiley psT-
s"s Ihorndyke was de J;reto adjourned to a fu-
ture day.
had not long returned TO the hotel when
was waited upon by Mr.. Wiford. senior. the
father Of the young man who had Leen fnrbiJ-
den To visit Dale Farm by Ihorndyke. His
son, he Informed me, was III from chagrin and
anX ety-eOnhned to his bed, indeed and Mary
WCOdley had refused il seemed To acc nj ns
;uniary aid from either the father OF the son
= Jgld l endeIvor Ia terminate the estrange-
-aent which had for some time unhappily ex-
. ist4I and persuade her To accept his, Wilford
ssG&~ freely-Ofered purse and service [
!nstaEI-y aecep ed both the mission and tbs
large sVgl which the excellent man rendered