Saint Paul weekly Minnesotian., 1858-12-04
THE SECOND NIARRIAG K.
BY WARREN WARNER, ESQ, OF THE INNER TEN

ing briskly forth, when all attorney OF rathe
low caste in his professionalism principal
employed as an intermediary between need
felons and the counsel practising in the Crow
C,urt-accOsted me, and presented brief
at the same time rendering the fee of tw
guineas marked upon it.
81 am engaged tomorrow, Mr.. Barnes,
exclaimed little testify, "on the civil side
besides, YOU know, | very seldom take brief
in the Crown Court, even if prOtfered in du
time and tomorrow will be the last day
the assize in Chester There are plenty c
unemployed counsel who will be glad of you
brief"
1T is brief in an action of electment,
replied the attorney =" Woodley rersu
Thorndyke; and is brought to recover posses
sion of freehold estate now held and farme,
by the defendant"
" An action of ejectment to recover posses
sion of freehold estate; defended, too,
know, 10y powerful bar for was offered
brief. and declined it MIR. p leads an,
you bring me this for the plaintiff, and a
the very last moment too You must b
crazed"
g told the plaintiff and her grandfather,
returned Mr.. Barnes, "that it was too late t
| bespeak counsers attention to the case; ant
that the fee, all they have, with much dfficul
| t., been able to raise, was ridiculously small
but they insisted on my applying to you -
Oh, here they are"
We had by this time reached the street
and the attorney pointed towards two figures
standing in attitudes Of anxious suspense
near the gateway. 1t was dusk, but there
was quite sufficient light to distinguish the
pale and interesting features of a young fe
male, dressed in faded and scanty mourn
ing and accompanied by a respectable looking
old man with white hair, and cOuntenance
deeply furrowed by age and grief
told you, Miss Woodley," said the at,
torney, that this gentleman would decline
the brief, especially with such fee
at It's not the fee, nam ~ | observed, fol
| was somewhat moved by the appealing de-
lection exhibited by the white-hared man and
his timid granddaughter "but what chance
can | have of establishing this persons right
If right she have-tO the estate she claims,
thus suddenly called upon to act without pre-
yious consultation; and utterly ignorant, cx-
cept as far rs this perceive hastily y-scrawled
brief will instruct me, both of the nature OF
the plaintiff claim and of the defence intend
cd to be set up against it Z"
" If you would undertake it, sir" said the
young woman with tremulous, hesitating
voice and glistening eyes, for his sake -
and she glanced at her aged companion
''who will else be helpless"
1.-The blessing of those who are ready to
perish will be yours, sir" said the grandfath-
er with meek solemnity, eff you will lend
your aid in this work Of justice and mercy.
We have no hope of withstanding the master
fin of cl- -aI
full men except by the aid of the law, which
we have been taught will ever prove strong
tower OF defence to those who walked in the
paths of peace and right"
The earnestness of the old mans language
and manner and the pleading gentleness of
the young woman, forcibly impressed MT.
and albeit il was somewhat unprofassionai'
mode of business, determined to hear their
story from their own lips, rather than take it
from the scrawed brief, or through the verb
al medium of their attorney
" You have been truly taught" / answer
cd A; land if really entitled to the property
you claim, know ofno masterful men that in
this land of England can hinder you from OBJ
tanning possession of it. Come to my hotel in
about an hour and a half from hence; | shall
then have leisure to hear what you have to
say. This fee" added, taking the two gum
cas- from the hand Of the attorney, who still
held the money ready for my acceptance" +"
you must permit me to return. 1t is too
much for you topay for losing your cause =
and if gain it-but mind do not promise
to take it into court uuless am thoroughly
satisfied you have right and equity on your
side-I shall expect a much heavier one Mr.
Barnes, will see you, if you please, carly in
the morning" then bowed, and FASTENED on.
Dinner was not ready when | arrived at
the hotel; and during the short time had to
wait, more than half repented of having
had anything to do with this unfortunate
suit However, the plcadmgs of charity, the
suggestion of human kindness, reasserted
their influence; and by the time my new
clients arrived, which they did very punctu-
ally at the hour had indicated, had quite
reganed the equanimity had momentarily
lost, and, thanks to mine hosts excellent
viands and generous wine, was, for lawyer,
in very amiable and benevolent humor in
deed
Our conference was long, anxious, and un-
satisfactory. | was obliged to send for Barnes
before it concluded, in order to thoroughly
ascertain the precise nature of the case in
tended to be set up for the defendant, and the
evidence likely to be adduced in support of it,
No ray of consolation or of hope came from
that quarter. Still, the narrative l had just
listened to, bearing rs it did the impress of
truth and sincerity in every sentence, strong
ly disposed me to believe that foul play had
been practised by the other side +; and | de-
termined, at all hazards, to 60 into court,
though with but faint hope indeed ofa present
successful issue
at appears more than probable" remark
ed on dismissing my clients, "that this will is
fabrication; but before a jury, some product
BILE evidence of its being so should have been
sought for and obtained As it is, | can only
watch the defendants proof of the genuine
ness Of the instrument upon which he has
obtained probate one or more of the attest
ing witnesses may, if fraud has been practis-
ed, break down under a searching cross-ex-
animation, or incidently perhaps disclose mat
ter for further investigation"
g One of the attesting witnesses is, as
have already told you, dead" observed Barnes;
"and another Elizabeth Warcing, has, hear
to-day, left the country. An affidavit to that
effect will no doubt be made tomorrow, in or
der to enable them to give secondary evidence
of her attestation, though, swear as they
ma HdsC hoI tiO SiiSiilCS1 uOuol Souiu
find her if time were allowed, and her pre-
sence would at all avail u.s."
Indeed This is very important Would
you, Mr.. Barnes, have any objection, to make
oath, should the turn of affairs tomorrow
render your doing so desirable, of your belief
that you could, reasonable time being allow
ed, procure the attendance of this woman
this Elizabeth Wareing gy''
Not the slightest; though how that would
help us to invalidate the will Thorndyke
claims l do not understand"
Perhaps not At all events do not fail
to be early in court. The case is the first in
to-morrow's list, remember"
The story confided to me was very sad
and, unfortunately in many Of its features, a
very common one. Ellen, the only child OF
the old gentleman, Thomas Ward, had early
in life married Mr. James Woodley,a wealthy
yeoman, prosperously settled upon his pater
nal acres, which he cultivated with great dill
gence and success. The issue Of this marri
age-a very happy one, was informed-was
Mary XVoodloy the nlaintiff in the preSen