Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1888-12-27

ton day this report was presented, and, on
Its appearing from it that the photography
had taken place in his presence and accur-
ately represented the tattoo marks on the
lady's shoulders, the Court declined to
harass the will by ordering her to sub
nit to any further inspection before the
trial. 1t was on this occasion thatit trans
pired that the will was engaged to be mar
ried to the plaintiff, fact at which the
Court metaphorically opened its eyes.
After this the defendants obtained leave
to amend their answer to the plaintiffs
statement of claim. At first they had only
pleaded that the testator had not duly ex-
ecuted the alleged viii in accordance with
the provisions of Vic, cap. %, sec 2, and
that he did not know and approve the con-
tents thereof. But now they added a plea
to the effect that the said alleged viii was
obtained by the undue influence of Au-
gusta Smithers, or, as one Of the learned
counsel for the defendants put it much
more clearly at the trial, that the viii
had herself procured the will, by an undue
projection of her own will upon the I'M
willing mind of the testator."
And so the time went on AS often as
he could, Eustace got away from London,
and went down to the little riverside ho-
tel, and was as happy as a man can be who
has a tremendous lawsuit hanging over
him. The law, no doubt, is an admirable
institution, out of Whicd large number
OF people make d living, and a proportion
OF benefit accrueS to the community at
large. But woe unto those who form the
subject matter of its opera ions. For in
stance, the Court of Chancery is an eX-
ceIlent institution in theory, and looks af-
ter the affairs of minors upon the purest
principles. But how many of its wards
after, and as result Of one of its well-in-
tentioned interferences, have TO struggle
for the rest Of their lives under a load of
debt raised to pay the crushing costs. To
employ the Court of Chancery to look af-
ter wards is something as though one set
tame elephant to pick up pins. No doubt
he could pick them up, but it would cost
something to feed him. 1t is a perfectly
arguable proposition that the Court of
Chancery produces more wretchedneSS and
poverty than it prevents, and it certainly
is a bold step, except under the most ex-
ceptionable circumstances, to place any
body in its custody who has money that
can be dissipated in law expenses. But OF
course these are revolutionary remarks,
which one cannot expect everyone to agree
with, least Of all the conveyancing counsel
of the Court.
However this may be, certainly his i'm
pending lawsuit proved fly in Eustace's
honey. Never day passed but some fresh
worry arose. James and John. the legal
twins, fought like heroes, and held their
own although their experience was so
small-as men of talent almost invariably
do when they are put to it, But it was
difficult for Eustace to keep them supplied
even with sufficient money for Out-of-
pocket expenses; and, of course, as was
natural in a case in which such enormous
sums were at stake, and in which the de-
PENDANTS were already men of vast wealth,
they found the flower of the entire talent
man-that more counsel, men Of weight
and experience, ought to be briefed; but
there were absolutely no funds for this
purpose, nor was anybody likely to ad-
vance any upon the security of a will tat
tooed upon young lady's back. This
was awkward, because success in law pro
ceedings so very often leans toward the
Weightiest purse, and Judges, however
impartial, being but men after all, are
more apt to listen to an argument which
is urged upon their attention by an Attor-
ney-General than on one advanced by an
unknown junior.
However, there the fact was, and they
had to make the best of it; and a point in
their favor was that the case, although of
a most remarkable nature, was compare
lively simple, and did not involve any great
mass of documentary evidence.