Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-04-03

pose. The plaintiff and old Mr.. Ward were
seated In court beside Mr. Barnes. as ON the
former sbortive trial but Mary Woodley had.
fortunately for herself, lost much of the inter-
est which attaches to female comeliness and
grace when associated in the mind of the spec
tator with undeserved calamity and sorrow
The black dress which she still wore-the or
thodox twelve months of mourning for parent
| had not yet quite elapsed-was now fresh and
| of fine quality, and the pale lilies of her face
were lnterspersed with delicate roses; whilst
| by her side sat Mr. John Wilford, as happy i'm
look as II no such thing as perjurers, forgers
| or adverse verdicts existed, to disturb the
peace of the gad world. Altogether, we were
decidedly less interesting than on the former
occasion. Edward Wareing, L must not omit
to add, was, greatly to our surprise, present
de sat, in great apparent amity, by the side of
| ThOrndyke.
1t was late in the afternoon, and twilight was
gradually stealing over the dingy court, when
| the case was called The special jury an ,wered
to their IA mes, were duly sworn, and then near
ly the same preliminary speeches and admis-
slOns wero made and put in as on the previous
occasion. Thomas Headley, the first witness
called in support of the pretended will, under
went vigorous crOss-eYaminatiOn but was
unable to exact anything of Importance from
him.
And nOw," said 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 remark ed
in that ease he could receive secondary evidence
In proof of her attestatiOn of the will
whispered but manifestly eager conference
here took place between the defendant and his
counsel, occasionally joined in by Edward
Wareing. There appeared to be an indecision
or hesitation in their deliberations; but at last
of11r ", e
manner addressed the court:
" In the discharge of my duty to the defend
ant 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 shadow of evidence
L have to state that, anxious above all things
to stand perfectly justified before his ueighboTs
and society, he has at great trouble and ex-
pense, obtained the presence here to-day Of the
witness Elizabeth Wareing. She had gone to
reside In France with n respectable English
family, in the situation of housekeeper. We
shall now place her in the witness-box. and.
having done so: trust we shall hear no more
OF the slanderOus imputatiOns 80 freely layished
upon my client. Call Elizabeth Wareing into
court"
movement of surprise and curiosity agi-
tated the entire auditory at this announcement.
Mr.. Silas Thorndyke's naturally cadayerous
countenance assumed an ashy hue in spite of
his Efforts TO appear easy and jubilant and for
the first time since the mencement of the
proceedings entertained the hope of success
ful issue.
Mrs Wareing appeared in answer to the
call and was duly sworn - to tell the truth,
the whole truth, and nothing but the truth y
She was a good looking woman, of perhaps
forty years OF age, and bore u striking resem-
olance to her SON. She rapidly, smoothly and
unhesitatingly confirmed the evidence of Head
ley to a title. She trembled. L observed ex-
cesslvely; and on the examining counsel init
mating that he had no more questions to ask
turned hastily to leave the box
"Stay-stay, my good woman, - 1 exclaimed,
you ana must have talk together before
We part y
She started and looked back at me with
frIghtful earnestness; and then her nervous
glances stole towards Mr. Slas Thorndyke
Ihere was no comfort therein his counte-
nance she only saw the reflex of his agitation
and anxiety which marked her own. Sleek
Sllas, L could see, repented of the rash move
he had made, and would have given a great
deal to get his witness safely and quietly out
Of court.
Ii was now nearly dark and observing that
IL was necessary the court and jury should see
as well as hear, the witness, whilst under ex-
animation, requested that lights should be
brought In. This done. Two candles
were placed in front of the witness box. one ON
each side of Mrs Wareing; a few Others were
disposed about the bench and jury desks The
effect OF this partial lighting OF the gloomy old
court was that the witness stood out in strong
and bright relief from the surround ny shad.
ows, rendering the mInutest change or play of
her features distinctly visible
Mr.. Silas Tborndyke was, from his position,
thrown entirely into the shade and any tele-
graphing between him and the witness was
thus rendered impossible. This preparation.
as II Tor some extraordinary and solemn pur-
pose together with the profound silence which
relgned IN the court, told fearfully, as | ex-
Pected, upon the nerves of Mrs. Elizabeth
w Wareing She already seemed a. if about To
swo0n with agitation and ill-defned alarm.
Pray, madam said l. is your name
w Wareing or Tucker?''
She did not answer, and repeated the uues-
ton.
:. Tucker" she at asst replied in a tremulous
whisper.
- L thought So; and pray, Mrs. Tucker were
you ever in trouble in London, Tor robbing
your lodgings"
L thought she attempted to answer, but no
sound passed her lips. One of the ushers Of the
court handed her glass Of water ut my sug-
gestion, and she seemed to recover somewhat.
l pressed my question, and at last she replied
IN the Same low, agitated voice, " Yes, have
been"
- know you have; Mr.. Silas Thorndyke, [
believe, was Your bail ON that occasion, and the
! matter was, L understood, cOmpromised-ar-
ransed-at all events the prosecution was not
pressed. Is not that So 20
les-nO-yes."
Very we'll either answer will do. You
lived also, L believe, with Mr.. Thorndyke, as
shis hOusekeeper, of course, when he was in the
business as concOctOr and vender of infallible
drugs and pills %
YES"
" lie was held to be skillful in the prepara
tiOn of drugs, was he not-well yersed in their
properties ?"
es-i believe sol do not know. Why
AIN L asked such questions 20
- 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
tod at the last great day What was the
nature of the drug which you or he mixed with
the medicine prescribed for the late Mrs.
Thorndyke ,"
"A spasmodic shrek, che ,kel 10y desperate
effort, partially escaped her, and she stood tx
eIiy gaZin1 with sta eV.S into my faaa