Whig and tribune. [volume] (Jackson, Tenn.) 1870-1877, 1873-03-15


Under all the circumstances, one
would have thought that the young
husband would have been unremit-
ting in tenderness and sympathy to-
wards his sorroWing bride, who
had sacrificed so much for his sake.
And so had he deVOtediy loved her,
but he did not.
The fact is, his whole heart and
soul and mind were occupied with
q previous attachment-not for an
other, fartheSt possible from that
its object was himself This affee-
tiOn, which was OF the most ardent
description, had met with a blight-
ing disappointment in his Wife's loss
Of fortune; and with her unceasing
/ grief and continual self-accusation
I she offered no reprOaches to him
I he hsd but little patience, and soon
/ gave her TO understand as much
/ The man who, month before would
! have been ready to put on mourn
| ing had she lest her faVorite canary,
| turned his back upon her in the
| hour of real affiictiOn.
! When At length he was found dead
| in his bed, one morning, after a
/ night of carOusal, the c0ronOr's Jury
7 said IL was the act OF God, his bles-
1 sing you will call IL.
/ Efiie's cousin, instead OF making
any provision for her whose rights
| he had so unrighteously supdlanted,
! left her wholly dependent on 9TH
| ers, aud had she not found a home
/ in the house Of an old tried friend
! of her father, she might have gone
/ forth q shelterless 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 viii made under the circumstan-
ces just related.
And this was the case in which
/ he wished my assistance.
We sat up nearly all night in con-
sultation. There was a point which
l we both thought "beautiful" one,
and devoted our principal efforts TO
strengthening il.
Ours was the first case on in the
morning. Arrayed against US were
! three Of the oldest and ablest prAc-
| titioners of the circuit. Jackson
had plenty of money now, and was
himself no fool in ''putting up" a
| case.
/ felt little nervous. Ii 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 little when
our client came in, escorted by Tom,
who introduced me as his associate,
and handed her TO q seat near our
table. Pretty as pink, as she sat
facing the jury, where Tom had
placed her, l felt that our case had
another "beautiful point" in Il.
Almost Immediately the trial be-
gan.
The evidence varied but little
from that alteady detailed. The at
tending 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 faculties.
| The signature of the absent wit
ness was sworn to by Mr.. Jackson
himself, who further testified that
the deceased had requested Mac
PhersOn 10 witness the instrument,
at the same time declaring il to be
his will.
At Toms instance, l sub
jected this witness TO a searching
eross-examination; but he stood fire
like q salamander fly. He swore
that the testator had only dictated
every line Of the will, but had hear
ed it read and had twice read IL over
himself, before executing IL. / gave
him up in despair.
| AtIength the evidence closed, and
| rose to present our point.
IL was put in the shape OF a mo-
ton to direct a verdict for the con-
testant, on the ground that the wit
ness had not subscribed in the pres
ence of each other.
i was about TO adduce arguments
and authorities, when the judge in
terposed;
THE rule you claim undoubtedly
was the law, but recent statue has
changed ia. 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 ad-
ljOurned TOR dinner. We were to
sum up in the afternoon. That task,
on our side, was assigned to me, but
felt ii was hopeless. / was deter
mined, however, To take what salts
| faction | could out Of jackson by
abusing him as sOundly as the rules
| OF the court would allow. And az
ter all, who could tell? The jury
| might take the bit in their mouth
and give verdict ia spite of the
law and the evidence. Responsible
| ity becomes amazingly light when
divided by twelve.
On the reassembling of the court,
/ was little surprised as well a.
annoyed at TOMS absence. Could il
be he was leaving me in the lurch,
and staying away 10 avoid the NOR
| tificatiOn OF our final defeat?
/ had just risen TO address the
jury, when somebody plucked me
| bV the coat.
Ii was Tom, his eyes fairly gleam-
| ing and his whole frame in a tre-
NOR of excitement.
"Whats the natter" Whispered.
"MacPherson's here"
| "What! the other WitnessD
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"
What shall l ask him!"
mo matter; you can't 20 far
wrong; if you miss anything, Pll
prompt you"
Tom was evidently full of some
mystery with which he was bent on
taking everybody by surprise, in
cluding myself.
In few words | explained to the
court our reasons for wishing to re-
| open the testimony. Jackson turn
ed pale, and whispered nervously to
his counsel, but they shook their
head; our application was one that
would be grated, of course.
"Call your witness" said the
Judge.
'DonaId MacPherson"' shouted
Tom.
The witness, a brawny, honest
faced Scot, advanced to the stand
and was sworn.
"Go ahead" Tom whispered.
| Mr.. MacPherson, look at the sig
nature, and tell US If that is yours"
"It is"
'Do you know the signature TO
the right of it?''
ayes; that's the signature Of MIR.
Andrews"
"Did you see him write it?'
''No; but am weel acquent with
his hand"
"Were you requested to witness
that paper!"
! "Yes."
''By whom"
! "By Mr.. jackson"
Did Mr.. Andrews LAY anything
about it!''
| "NO; he tC0S dcdd scheH ! come