The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-08-20

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I felt little nervous, Is was my first
cass of Sany1importanb toe, sas's well
as John Andrews' will. wase aboub TO- be
placed on trial. -, 1920 ,i'4s A:slsf . M ~
y My codrage revived gclftsls when oui1
client came in, escorted by Tom, !, who
introduced me- as This associate, and
handed her to seat near. our table.
Pretty las q pink, tas, she, sat ;facip9 the
Jury, where Tom had plhcsdlI her, T felt
that our case had anotheft''be beHutiful
point" in it. :,
ALMOST immediately the trial began.
The evidence varied but little from
that already detailed. The attending ply
sician was very decided ih his opinion
that the testator, at the time of signing
the paper in question, was in the full
possession Of his mental faculties.
The signature Of the absent witness
was sworn toby Mr.. jackson himself,
who further testified that ithe deceased
had requested MacP Pherson TO witness the
instrument, at the same time declaring
it to. be his will
At Toms instance, I subjected this wit
ness to searching cross-examination;
but he stood fire like salamanca fly.
He swore that the testator had not only
dictated every line of the will, but mad
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.
It was put in the shape of motion to
direct verdict for the contestant, on
the ground that the witnesses had not
subscribed in the presence of each other.
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authorities, when the Judge interposed
"The rule you claim undoubtedly was
the law, but recent statute has changed
it. The witnesses need not now sign 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 adjourn
the afternoon. That task, on our side
was assigned to me, but I felt it was
hopeless. I was determined, however
to take what satisfaction I could out oi
Jackson by abusing him as soundly O.
the rules of the court would allow. And,
after all, who could tell /? The Jury
might take the bit in their mouth, anc
give verdict in spite of the law and the
evidence. Responsibility becomes anna
zingly light when divided by twelve.
On the re-assembling of the court, ]
was little surprised as we'll as annoyed
at Toms absence. Gould it be he wa.
leaving me in the lurch, and staying
away to avoid the modification of oul
final defeat ?
I had just risen to address the Jury
when somebody plucked me by the coat
1t was Tom, his eyes fairly cleaning
and his whole frame in q tremor of ex
element.
whats the matter ?" I whispered
sMaoPherson's here"
"What the other witness ?''
"Yes, just arrived, not an hour ago p
''But will it help US to call him ?'' =
:sTrust me for that. Put him on the
stand at once"
"What shall ask him ?"
''No matter; you can't 60 far wrong
if you miss anything, I'll prompt you.
Tom was evidently full of some mys
terry with which he was bent on taking
everybody by surprise, including my
self.
In few words explained to the cour
our reasons for,wishing to reopen th,
testimony. Jackson turned pale, ant
whispered nervously to his counsel, bu
they shook their heads; our applica
tion was one that would be granted, O
course.
"Call your Witness" said the Judge.
eDonald MacPhersonl" shopted Tom
The witness, a brawny, honest -facet
Scotchman, advanced to the stand, ant
was sworn. :.
$50 ahead" Tom whispered.
''Mr. MACPHERSON, look at the sigma
ture, and tell US if that is yours"
cit is"
"Do you know the signature to tn,
right Of it?"
eyes; that's the signature of Mr.. An
drews."
"Did you see him write it2"
"No; but I am weel acquent with hi
hand"
"Were you requested to witness tina
paper?"
'Yes."
'By whom?"
ssBy Mr.. Jackson"
:.Did Mr.. Andrews say anything abou
'No; he 1cas dead ,chen came in"
fNhoro ppoo M ofiop