The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1864-01-15

i W
off, and he said he meant to be present if he
could. He had been we'll acquainted with
Timothy Elliott, and was firmly convinced
that the only will which Elliott ever made
had been destroyed.
When the hour of trial arrived it was an
nounced that | should assist in the case. |
took my seat with the counsel already en-
gagged. As the trial went on it certainly did
look dark enough for my friend. Stephen
Akers, dark drowned, foxy looking man,
with hair of grizzled red, which stood out
like hedgehog's quills, upon his small head,
swore that this will was the will which he, as
Timothy Eliotts attorney, had made eigh-
teen years before, and that it had been in
his possession ever since, until he had lodg-
! ed it at the probate office. And he also
swore to the receiving of letters from Elliott
bidding him to keep the will safe. There
was no getting round his testimony. 1t was
direct, and he could not break through it.
An old man named Jackson, who had been
one of the witnesses to the old will, testified
that he believed the instrument now before
him was the one to which he put his hand.
He should say that was his own signature.
He was an honest old fellow, and admitted
that he had always supposed that the will
had been destroyed.
For our client We had as yet nothing of
clear plain facts to help us. We had any
amount of impressions and opinions in our
favor. 1t had been the impression of all Of
Timothy Elliott's intimate friends that the
will which he had made had been destroyed.
He had talked to them in that way. And
vet not one of them could swear that they
ever heard him say directly, that such was
/ the fact. In short, though the belief in the
' destruction of that will was so general and
so firm, ye; We could not present FACT TO
sustain US in that decision.
| Had the counsel for the appellant any
more testimony to introduce q?
Fred placed his hand, trembling like an
aspen, upon my arm, and whispered: "Oh,
my soul am lost"
He was pale as death. and his suffering in
tense. As the case now stood | could nave
no hope. Whatever may have been the
opinion of the court and jury on the right
and justice of the thing, there could have
oeen but one opinion upon the law and fact.
My heart sank within me.
held the Will in NY hand. believed ii
to be forgery. believed that the only will
which Timothy Elliott ever made had been
destroyed, and that Akers, in consideration
OF a share in the spoils, had from the old
draft in his hands, forged this instrument,
counterteitng even Jackson's signature so
nicely that the simple old man could not dis
own it. was abou: to give the instrument
up. and my last faint hope with it, when a
dim mari in one corner of tn e sheet caught
my eye. 1t was stamp-an impression on
the paper not SO large as the mark of fin
gers end, but bent my head for a momen
to call to mind something of the past.
( What is it? asked Fred who had MOTTO
ed my emotion.
told him to wait. And then arose and
looked around the COURTROOM. Was nv
uncle here? Yes, saw him close by me.
| asked that Stephen Akers might BE- called
to the stan dasain. The wretch saw that |
was excited and he trembled little when
he started to answer TO the call, though he
was firm enough when he gained the stand.
Mr. Akers," SAID |, controlling myself as
well as possibly could, you made this
will -
Timothy Elliott made it." he replied
Il merely wrote it down Tor him as he die
tated."
The will is Dated" said |, looking at its
sign and seal, October third, eighteen hun
dred and thirty-three. That IS eissteen
years ago this very month
Certainly" said Akers, that is just when
it was made"
"And YOU swear that this is the identical
instrument?"
Il do"
And you swear that Timothy Elliott SET
his hand and seal upon this paper at the time
herein mentioned?
Il do answered the witness.
| looked him in the eye; he must have
read in tina, look something of my thoughts,
for his cOun;enance changed and his knees
actually shook beneath him.
told him | had done with him.
Tlen asked that Ausel Forbes might be
called to the stand.
What did want of him? And nv uncle
Was also anxious to know why he was called
upon, for ne was well known, and stood as
high as the judge himself.
"Mr. Forbes" said |, "you are manufac-
turer of paper?"
He said he was.
How long have you been engaged in
this business
He thought moment aud then replied:
Il entered the business in eighteen hun
dred and thirty-one; so have been in it
just ten years"
Now, sir" said |, handing him the instru-
ment which held, twill you tell me-will
you tell the iury-when that paper was