The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1884-09-12
At THE RIGHT TIME.

The case pending before our court in
terested the people deeply. A few
months previously Jacob Ames had died,
leaving property to the amount Of $780,
600 to 6 10000, all Of which was readily
available. At frstlt vas supposed@hat
the old mamie WAS 87-had died with
out making his will, as he had often
been heard to remark that making o
viii seemed like appropriation for death,
and as there could be no question about
the inheritance Of his property, he did
not choose to make any such, to him,
ghostly testament. His direct and only
legitimate heirs were two orphans, both
girls, children of his only daughter.
One Of them was a cripple, requir-
ing almost the undivided care and
attention of the other, and both
were beloved by all who knew
them. While people we're feeling
glad that the orphan sisters were to be
thus grandly provided for, aman named
James Arnold presented a will for pro-
bate, said to be the last will and tesla
ment o fJacob Ames, made several years
before. This Arnold was q nephew-in-
law of old Jacob, the child of q wife's
sister, and had for several years been
employed as business agent and gener-
al accountant of the deceased; aud.
when he caused the will to be presented,
he produced o number of witnesses who
declared that they had often heard old
Ames say that he had made the only
will he should Eel make, and that
james Arnold was his heir; and, what
seemed to make the matter sure, two
Witnesses to the will. former servants
Or employees of the ~testator, swore point
blank to having seen Ames place sigma
ture to the document, after which they
signed their own names.
[ entered the courtroom late in the
afternoon of the third day, just as the
last witness was about to leave the stand;
and this witness was Thomas Cloud
man, the servant just alluded to. He
had been questioned by a iuryman, and
had made o plain statement. Every
thing was against the poor, deserving
orphans, and all in favor of the despised
nephew. In fact, no onestman, under
the evidence, could have brought in a
verdict against Arnold's claim.
The jnryman who had questioned this
witness sat at the end of the box, and
close by him, among the spectators,
stood old Harvey Goodrich, who was
at that time engaged in the paper-mill
Of Day & Lyon, at Portland. I had
known him years before, when he
worked for Rice, of Newton. The juror
held the will in his hand, open, and
Goodrich cast his eyes upon it. Isaw
the old paper-maker start and tremble.
"Let me look at thatl" I heard him
whisper, for / stood close by.
The juror, without considering, hand
ed him the document, and before the
council could interpose and regain it
Goodrich had seen all he desired, and
his first movement after relinquishing
the will, was to hasten to the side of
the orphans attorney and whisper,
hurriedly and excitedly in his ear. I
saw the attorney, whose name was
Shipman, bend his head attentively and
then start to his feet. What was it?
In these few brief moments the whole
audience hsd caught the fever of excite
ment, for it was clearly evident that
something of Importance was on the
tapis: :.
"May it please your honor" said
Shipman, very quietly-so calmly and
quietly that we feared it could be moth
ing of importance after all-"I must
ask the indulgence of the court, I wish
to present new and important testimo-
ny"
There was a slight war of words be-
tween the opposing counsel, after which,
by permission Of the court, the old
paper-maker took the stand. He gave
his name, residence, occupation, ETC.,
and then MI. Shipman placed the will
in his hands.
"Mr. Goodrich, will you please ex-
anime that document?"
Fl have done SO, sir"
"What is the written date of that
-will?"
"sept. 3, 1s41," answered the wit
ness, reading from the instrument.
"Now MI. Goodrich, will you please
inform the Jury and the court if you
observe anything else in or upon that
paper which you hold in your hand
that would positively affect the relia-
bility of that written date? Make your
own way; only make it concise and
clear"
-s"Your honor, and gentlemen Of the
jury" commenced the witness, "this
piece of paper which I now hold in my
hand was manufactured by myself, and
was calendered on a machine of my own
invention. The water-lines, in place
Of the ordinary blue ruling, were in.
cluded in my improvement. You will
also observe, upon close inspection
though the ink upon the surface has
somewhat obscured tiny own stamp
in water-marks. Your honor can ex-
anime it for yourself"
The Judge took the document and
held it up against the strong light; and
involuntarily lie read aloud, so as to be
heard by all in the room-for every
breath was hushed: III. Goodrich's
patent. Eighteen hundred and forty
three1"
The paper was given to the jury,
who were all upon their feet. Arnold's
counsel demanded to see
it. Mr.. Cloudman and his wife
got up and tried to leave the room, but
were prevented. Judge and bar were
in q state Of ferment, while the dense
audience swayed to and fro in eager,
painful suspense. Wouldthis old mans
testimony nave its legitimate weight?
Ali how could it be otherwisee