Litchfield enquirer., 1872-04-18

n love from the windows of the eyes de- parted on it's heavenward journey, and the Unconscious slaeIf only of what had os 3F}s. s. cen her mother remained in the snounag daught hter's arms.
 VIII not dsay that this narrative, which feel have but eoldly and feebly render ed from its earnest, fearful tenderness, ss related by Mary Woodley, affected me considerabl bly-cGse-hardened, as, to use an old bar pun, we barristers are suppos ed to be; nor will the reader be surprised to hear that suspicious, graver even than those which pointed to forgery, were evok- ed by the sad history. Much musing up- on the strange circumstances thus dis closed, and profoundly cogitating on the best mode of action to be pursued, the 'ssnan hours, the first of them at least, surprised me in my arm chair I started up, and hastened to bed, we'll knowing from experience that a sleeplass vigil is 8 wretched preparative for a morrow of ac- tive exertion, whether of mind or body
 Twas betimes in court the next morn ing, and MT. Barnes, proud IS peacock of figuring as an attorney in an important civil suit, was soon at my side. The case had excited more interest than had SUD- posed, and the court was very early filled. Mary Woodley and her grandfather soon arrived and lnurm1fr of commiseration ran through the auditory as they took their seats by the side of Barnes. There was strong bar arrayed against us; and Mr. Silas Thorndyke, I noticed, was ex- tremely busy and important with whis. perings and suggestions to his solicitor and counsel-received, of course, as such meaningless famiIarities usually are, with barely civil indifference.
 Twelve common jurors were called and sworn sell and truly to try the issue, and dress them. l at once frankly stated the circumstances under which the briet naascome into my hands, and observed that If, for lack of advised preparation the plaintiffs 8 case failed on that day, an other trial, under favor of the court above would, doubt not, at no distant period of time reverse the possibly at pres ent unfavorable decision. ''My learned friends on the other side," I continued "snile at this qualified admission of mine let them do so. If they apparently es. tablish to-day the validity of will which strips an only child of the inheritance be. queathed by her father, they will, I tell them emphatically, have obtained but temporary triumph for a person who if }, if you, gentlemen of the jury, are to believe the case intended to be set up as bar to the plaintiffs claim-has sue. ceeded by the grossest brutality, the most attrocious devices, in bending the mind of the deceased Mrs. Thorndyke to his selfish purposes. My learned friend need not interrupt me shall pursue these ob- servatlons for the present no further merely adding that I, that his lordship, that you, gentlemen of the jury, will re. quire of him the strictest proof-proof as clear as ight-that the instrument upon which he relies to defeat the equitable, the righteous claim of the young and am fable person by my side, is genuine, and not, as l verify believe"-I looked as I spoke, full in the face of Thorndyke- FORCED"
 ssdy lord," exclaimed the opposing counsel, ''this is really insufferable !"
 His lordship, however, did not inter- pose; and I went on to relate, in the most teltsas; .aaoIIaer CT wn1cn I was capable, the history of the deceased Mrs. Thorn dykes first and second marriages the harmony and happiness of the frst-the wretchedness ard cruelty which charac- terized the second. I narrated also the dying words of Mrs. Thorndyke to he1 daughter, though repeatedly interrupted by the defendants counsel, who mani tested great indignation that statement unacceptable of legal proof should be addressed to the court and jury. My ad- dress concluded, put in James Wood ley's will; and, as the opposing counsel did not dispute its validity, nor require proof of Mary Woodley's identity, I inti- mated that the plaintiffs case was closed
 The speech for the defendant was calm and guarded. It threw, or rather att tempted to throw, discredit on the death bed fiction, got up, Mr. p said, simp- lv with view to effect and he conclu- ded by averring that he shoull be able to establish the genuineness of the will of Ellen Thorndyke, now produced, by irresistible evidence. That done, how ever much the jury might wish the prop erty had been otherwise disposed of, they would of course return verdict in ac- cordance with their oaths and the law of the land.
 The first witness called was Thomas Headly, a smith, residing near Dale Farm He swore positively that the late Mrs. Thorndyke, whom he knew well, had cheerfu1ly signed the will now pro- duced, after it had been deliberately read over to her by her husband about a fort night before her death. Silas Thorndyke, John Cummins, Elizabeth Wareing, and witness, were the only persons present. Mrs. Thorndyke expressed confidence that her husband would provide for Mary Woodley.
 And so will, :" said sleek Silas, rising up and looking round upon the auditory eff she will return, will be a father to her."
 No look, no sound of sympathy or ap- proval, greeted this generous declaration, and he sat down again not little discon- certed.
 I asked this burly, half drunken wit ness but one question-"When is your marriage with Rebecca Thorndyke, the defendants eldest daughter, to be eel ebrated ?"
 '1 don't know, MT. Lawyer; perhaps never"
 'eThat will do you can go down"
 Mir. P- now rose to state that his cli- ent was unable to produce Elizabeth Wareing, another of the attesting witness es to the will, in court No suspicion that any opposition to the solemn testa- ment made by the deceased Mrs. Thorn dyke would be attempted, had been en- tertained and the woman, unaware that her testimony would be required, had left that part of the country. Every effort had been made by the defendant to discover her abode without effect. It was believed that she had gone to America, where she had relatives. The defendant had filed an affidavit setting forth these facts, and it was now pray ed that secondary evidence to establish the genuineness of Elizabeth Wareing's attesting signature should be admitted.
 of course vehemently opposed this demand, and broadly hinted that the wit ness was kept out of the way.
 twill my learned friend, " said Mir. P P- with one his sliest sneers, 'einform us what motive the defendant could possi- ply have to keep back witness so neces- sary to him?" asae
 Elizabeth Wareing," curtly replied, 'tmay not, upon reflection, be deemed a safe witness to subject to the ordeal of 8 n