Saint Paul weekly Minnesotian., 1858-12-04

pcIle1Cc tlldt II SleepleSS VlSli Is WTctCHo
preparative fora morrow of active cxcrtior
whether of mind or body.
| was betimes in court the next morning
and Mr.. Barnes, proud as peacock of figui
ing as an attorney in an important civil suit
was soon at my side. The case had excite
more interest than l had supposed, and tn
court was very early filled. Mary WOodle.
and her grandfather soon arrived; and mur
mur of commiseraton rang through the audi
tory as they took their seats by the side @
Barnes. There was strong array agains
me and Mr.. Silas ThOrndyke, | noticed
was extremely busy and important with whis
perings and suggestions to his solicitor ant
counscl-reeeived, of course, ,as such meaning
less familiarities usually are with barely civi
indifference.
| Twelve common jurors were called ant
sworn well and truly to any issue, and aros'
amidst breathless .sience to address them
| at once frankly stated the circumstances un
der which the brief had come into my hands
and observed, that if, for lack of advised pre-
paration, the plaintiff S case failed on that day
another trial, under favor of the court above
would, l doubt not, at no distant period O
time reverse the possibly at present unfavora
BILE decision. 'My learned friends on the
other side," continued, ''smile at this quail
fled admission of mine !: let them do so. I
they apparently establish to-day the validity
of will which strips an only child of the in
heritance bequeathed by her father, they will
| tell them emphatically have obtained but 6
temporary triumph for a person whO-if |, il
you, gentlemen of the jury, are to believe the
case intended to be set up as bar to the
plaintiffs claim-has succeeded by the gros.
sest 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
merely adding that I, that his lordship
that you gentlemen of the jury, will require OF
the jury, will require of him the strictcst proof
proof clear as light that the instrument up
on which he relies to defeat the equitable, the
righteous claim of the young and amiable per-
son by my side, is genuine, and not, as YER
lily believe"-I looked as spoke, full in the
face of Thorndyke-"FoRGED."
My lord" exclaimed opposing counsel,
"this is really insufferable."
His lordship, however, did not interpOse
and went on to relate, in the most telling
manner of which | was capable, the history
of the deceased Mrs. Thorndykes first and
second marriage q; the harmony and happiness
of the first-the wretchedness and cruelty
which characterized the second. narrated
also the dying words of Mrs. Thorndyke, to
her daughter, though repeatedly interrupted
by the defendants counsel, who manifested
great indignation that statement unsuscepti-
BILE of legal proof should be addressed to the
court and jury. My address concluded, put
in James Woodley's will and, as the oppos-
ing counsel did not dispute its validity, nor
require proof of Mary Woodley's identity,
intimated the plaintiff S case was closed.
The speech for the defendant was calm and
guarded. 1t threw, or rather attempted to
throw, dscredit on the death bed fiction"
got up, Mr.. p said, simply with view to
effect and he concluded by avcrting that he
should be able to establish the genuineness of
by irresistible evidence. That done, howev-
cr much the jury might wish the property
had been otherwise disposed of, they would
of course return verdict in accolda with
their Oaths and the law of the land
The first witness called was Thomas Head
ley smith residing near the Dale Farm
He swore positively that the late Mrs. Thorn
dyke, whom he knew well had cheerfully sign
ed the will now produced, after it had delib-
erately read over to her by her husband about
a fortnight before her death. Silas Thorndyke,
John Cummins, Elizabeth Wareing, and wit
ness, were the only persons present Mrs
Thorndyke expressed confidence that her
husband would provide for Mary Woodley.
And so will, said sleek Silas, rising up
and looking round the auditory. 'If she will
return, will be father to her.
No look, no sound of sympathy or appro-
val, greeted this generous declaration and
he sat down again not a little discounted.
asked this burly, half drunken witness
but one question-"Wh is your marriage
with Rebecca Thorndyke, the defendants e.
dest daughter, to be celebrated %
don't know, Mr.. Lawyer; perhaps nev-
er."
"That will do ; you can go down."
Mr.. P now rose to state that his client
was unable to produce Elizabeth Wareing,
another of the atteSting witnesses to the
will; in court No suspicion that any opposi-
ton to the solemn testament made i.y
the deceased Mrs. Thorndyke would be
attempted, had been entertained and the
woman, unaware that her testimony would
be required, had left that part of the coun-
try. Every effort had been made by
the defendant to discover her abode without
effect 1t was believed she had gone to Ameri-
ca, where she had relatives. The defendant
had filed an affidavit setting forth these facts,
and it was now prayed that secondary evi-
dence to establish the genuineness of Eliza
beth Wareing's attesting signature should be
admitted.
of course vehemently opposed this de-
mand, and broadly limited that the witness
was purposely kept out of the way
Will my learned friend" said Mr. p
with one of his sliest speers, ''inform us what
motive the defendant could possibly have
to keep back witness so necessary to
him ~
Elizabeth Wareing," l curtly replied,
"may not, upon reflection, be deemed a safe
witness to subject to the ordeal of cross
examination. But to settle the matter, nv
lord" exclaimed, 81 have here an affidavit
of the plaintiffs attorney, 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 defendant of
course undertaking to call her when produc-
ed"
\ tremendous clamor of counsel hereupon
ensued, and fierce and angry grew the war of
by the judge recommending that, under the
circumstances, "a juror should be with
drawn" This suggestion, after some demur,
was agreed to. One of the jurors was whis-
pered to come out of the box then the clerk
of the court exclaimed "My lord, there
are only eleven men on the jury )" and by
the aid of this venerable, if clumsy expe-
dent, the cause of Woodley uersus Thorn
dyke, was de .tacto adjourned to future
day.
had not long returned to the hotel, when
was waited upon by Mr.. Wilford, senior, the
father of the young man who had been for
hidden to visit Dale Farm. His son, he in
formed me, was i'll from chagrin and anxiety,
confined to his bed indeed; and Mary Wood
ley had refused, it seemed, to accept pecunia-
ry aid from either the father or the SON.
Would endeavor to terminate the estrange-
ment which had for some time unhappily ex-
listed, and persuade her to accept his, Wilford
seniors, freely-offered pursue ard services ]?
instantly accepted both the mission and the
large sum which the excellent man rendered.