The Shasta courier., 1869-10-16

jackson, the nephew, arrived, he was left
alone with his uncle at the latters request
AT the end of an hour the Doctor was
summoned, and requested BY Mr.. Andrews
to note his signature to paper, to which
he then affixed his name declaring it to be
his will, and asking the doctor to subscribe
1t as witness, which was done.
On his nephews suggestion that another
witness was necessary, Mr.. Andrews named
MACPHERSON, the Scotchman, and requested
the doctor to send him in.
Macpherson, it seems, was sent on some
errand, but as soon as he returned the doc.
tor communicated Mr. Andrews message.
and went himself to attend sick call in
the neighborhood, not deeming his presence
there immediately necessary.
When he came back he was astonished
to find his patient dead Such result
had not JUDGED been Anticipated, but its
suddennesss took him by surprise.
By Mr.. Andrews will, which was pub
lished some days after his death, the en-
trety Of his property was devised to his
nephew, who had attended him in his last
moments. Everything was in due fornI.-
True, MACPHERSON, one of the witnesses.
pursuant to a previous intention, had sailed
for Scotland shortly after the funeral, aud
was otpresent before the Judge Of Probate
But his handwriting was proved. and the
evidence OF the remaining witness was all
quite satisfactory He had seen the tesla
tor append his signature, had heard him
declare that the paper was his will, and
WIS positive that at the time he was sound
OF mind and.memory.
Poor Etfie's grief. when she received
intelligence Of her fathers death, was too
profound to be deepened by the news Of her
own disinheritance
Under the circumstances. one would
bave thought that the young husband
would nave been unremftting III tenderness
and sympathy toward his s)rrcwing bride,
who bad sacrificed SO much tor his sake
Aud SO he would had he devotedly loved
her, but he did not
The fsct is, his whole heart, soul and
mind were occupied with previous attach
nent-not for another-the farthest posi-
bic from that-its object was hm5elf.-
The affection, which was of the mostarlent
descrli ton, had met with bIightiug dis
appointment in his wile's loss OF fortune;
and with her unceasing grief and continual
self -accusation-she offered no reproaches
to hiln-he had but little patience, and
soon gave her to understand as much. The
ulan who, month before, would have been
wiling to put on mourning had she lost
10 tlWfi u l.. l..
upon her in the hour of affilction
When at length he was found dead in
his bed Que moruing aftei nights earous
al, the coroner's jury said it was the ..act
Of God his blessing you viii call it.
Etles cousin, instead Of making any
provision for her whose rights he had most
unrishteously supplanted, left her wholly
depenaeiH on Others and had She not found
a home iu Che house Of an old and tried
friend Of fIef father, She mi sht have gone
forth shelteress wanderer
Tom Mansfield, who had casually made
his acquaintance OF the young widow, be-
came warmly interested III her Cause, and,
guided probably more by sympathy than
judgement, had commenced on action to
contest the will made under the circum-
stances just related
And this was the case in which he wished
my assistance.
We sat up nearly all night in consulta-
tion. There was point which we both
thought beautiful one; and we devoted
our pr nci ipal efforts to strengthen it.
Ours was the first ease on in the morn
ing. Arrayed against us We're three Of
the Oldest and abest practitioners OF the
circuit. jackson had plenty of money
now, and was himself no fool in putting
up a Gaze
l felt not little nervous. 1t was my
first case Of aud Importance. |, too, as
well as John Andrews will, was about to
be placed on trial
My courage revived little whom our
client came in. escorted by Tom, who in
troduced me as his associate, and handed
her seat near our table. Pretty as
pink, as she sat facing the jury, whore Tom
had placed her. | felt that our case had
another beautiful poilt in it,
Almost immediately the trial began
The evidence varied but little from that
already detailed The attending physician
was very decided in his opinion that the
testator, at the time of signing the paper
in question, was in full possession Of his
mental faculties.
The signature Of the absent witness was
sworn TO by Mr.. Jackson himself, who
further testified that the diceased had re-
eu sted MacIEerson to witness the instru
meut, at the time declaring it to be his
will
At Toms instance l subj ,cted this wit
ness to u searching cross examination, but
he stood it like salamander. He swore
that the testator had not only directed
every line of the will, but had head it
read, and bad twice re it over himself
before executing it. then gave him up
in despair.
At length the evidence closed, and
rose to present our point
1t was put in the shape of a motion to
direct verdict for the contestant, on the
grouud that the witnesse, had not sub
scribed in the presence of each other.
was about to adduce arguments and
authorities, when the Judge interposed.