The Republican journal., 1869-08-12

had sacrificed so much for his sake. And so
he would had he devotedly loved her, but he
did not
The fact is, his whole heart and soul and
mind were occupied with previous attach
ment-not for another; the farthest posi-
bic from that-its object was himself. This
affection. which was of the most ardent de-
scription, had met with a blighting disap-
pointment in his wife's loss of fortune; and
with her unceasing grief and continual self
accusation-she offered no reproaches to him
he had but little patience, and soon gave
her to understand as much. The man who,
a month before would have been ready to put
on mourning had she lost her favorite canary,
turned his back upon her in the hour of real
atfliction.
When at length he was found dead in his
bed, one morning, after night of caro,lsal.
the coroner's Jury said it was the act of God,
his blessing you will call it.
Effe's cousin, instead of making any pro
vision for her whose rights he had SO unright-
eousiv supplanteG, left her wholly dependent
on others, and had she not found home in
the house of an old and tried friend of her
father, she might have gone tDzth q shelter
less Wanderer
Tom Mansfield who had casually made the
acquaintance of the young widow, became
warmly interested in her cause and guided
probably more by sympathy than judgment,
had commenced an action to contest the will
made under the circumstances just related.
And this was the case in which he wished
nv assistance.
We sat up nearly all night in consultation.
There was a point which we both thought a
''beautiful'' one, and we devoted our principal
efforts to strengthening it.
Ours was the first case on in the morning.
Arraved against us We're three of the oldest
and ablest practitioners Of the circuit. Jack
son has plenty of money now, and was HIM
self no fool in quitting up q case.
felt a little nervous. 1t was my first case
of any Importance | too, as we'll as John
Andrews will, was about to be placed on
trial.
My courage revived a little when our client
came in, escorted by Tom, who introduced
me as his associate, and handed her to a seat
near our table. Pretty as a pink, as she sat
facing the jury, where Tom had placed her.
that ourcase had another 'beautiful point
in it.
Almost Immediately the trial began.
The evidence varied hut little from that al
ready detailed The attending physician was
very decided in his opinion that the testator,
at the time of signing the paper in question,
was in the full possession Of his mental facul-
ties
The signature of the absent witness was
sworn to bv Mr. Jackson himself, who further
testified that the deceased had requested Mae
PhcrSOn to witness the instrument. at the same
time declaring it to be his will.
At Toms instance, | subjected this witness
toa searching cross-examination but he stood
fire like salamander fly. He swore that the
testator had not only dictated every line of
the WILL but had heard it read and had twice
read it over himself, before executing it, |
gave him up in despair.
At length the evidence closed, and rose to
present our point.
1t was put in the shape Of motion to Ill
rect a verdict for the contestant, on the ground
that the witnesses had not subscribed in the
presence Of each other.
| was about TO adducc arguments and au-
thoritics, when the Judge intcrposed:
.''Thc rule YOU claim undoubtedly was the
law. but a recent statute has changed it, The
witnesses need not now $ gn in each others
presence.
A hasty examination proved His Honor was
right and our main point was done for.
To our great relief, the court adjourned for
dinner We Were to sum NJ in the afternoon.
That task. on our side, was assigned to me,
but | felt it was hopeless was determined,
however, to take what satisfaction could out
of jackson by abusing bim as soundly rs the
rules of the court would allow And, after
all, who could tell? The Jury might take the
of the law and the evidence. Responsibility
becomes amazingly light when divided by
| twelve.
On the reassembling of the court, | was q
little surprised rs well as annoyed at TOMS
absence Could it be he was leaving me in
the lurch, and staying away to avoid the
modification of our final defeat?
/ had just risen to address the jury. when
somebody pluckcd Inc by the coat
1t was Tom, his eyes fairly cleaning and
his whole frame in n tremor Of excitement
"What's the matter?" l whispered.
"MacPherson's here
"What! the other witness?"
"Yes, just arrived, not an hour ago."
| "But will it help us to call him?'
''Trust me for that Put him on the stand
at once
'sWhat shall ask hm9n
''No matter; you can't 90 far wrong, il
you miss anything, I'll prompt YOU
Tom was evidently full of some mystery
with which he was bent on taking ever, body
by SURPRISE including myself.
In few words explained to the court our
reasons for wishing to reopen the testimony
jackson turned pale, and whispered nervous
ly to his counsel, but they shook their head
our application was one that would be gran t.
! ed, of course.
"Call your Witness" said the Judge.
| 'Donald MacPherson!" shouted Tom
The witness, a brawny, honest faced Scot,
advanced to the stand and was sworn.
$50 ahead;" Tom whispered.
| "Mr. MACPHERSON, look at the signature
and tell us if that is yours
1T is"
''Do YOU know the signature to the right OF
it?"
Eyes; that's the signature of Mr.. An
drews"
''Did you see him write it r.
| "No; but | am weel acquent with his
hand"
"Were you requested to witness that pa
per?'
eyes"
'By whom?"
"By Mr.. Jackson"
.Dd Mr.. Andrews say anything about il?
"No; he mas dead rhen 4 came mr.
| There was no cross s-eXamination.
Il submit the case without argumcnt,n /
said, resuming my seat,
Our senior opponent was one OF those law
yers with whom it is a matter Of conscience
to show fight to the last. In a brief speech
he admitted it to be essential that both wit
uoccoc should bn1a ciUnpI thair pamac hatoro