The Daily times. [volume] (Richmond, Va.) 1886-1889, 1888-10-28
--,un 30 o,roroov ccner,1 rpso 10 al

| ton a. 20 the ndmissib.lity of the evidence
Of Augusta Smithers: and those were
| first. did the tattoo marks upon the lady
back constitute IA will OF ally and, sec
| ondly. supposing that they did. was II
| proved 10 the satisfaction OF the court
| that these undated marks were duly exc
| cuted by a sane and uninnucnced man, ~
| the presence of the witnesses. az required
| by the statute He maintained, in tho
FIRST place. that these marks were no VIII
| within the meaning Of the stat
ute. but. feeling that lie was not
ON very sound ground on this point,
ouickly passed on TO the other aspects OF
| fhc case. With much force ard ability he
| dwolt upon the strangeness Of the whole
story. and how II rested solely upon tie
evidence Of one WINGS, Augusta FmIh'
ers. It was only II the court accepted her
evidence as it stood that II could come TO
| the conclusion that the will was executed
Of all. or, indeed, that the two attestlIg
witnesses were on the island at all. Con
sidcring the relations which existed be
| tween this witness and the plaintiff, was
the court prepared 10 accept her evidence
IN this unreserved way? Was it prepared
| 10 decide that tins yill, in favor of a man
with whom the testator had violently
| ouarreled, and had disinherited in conse-
| auence of that quarrel. was not, If indeed
| ii was executed at ALL extorted by this
| lady from n weak and dying, and possibly
| O deranged, man? And with this question
| the learned gentleman sat down.
| He was followed briefly by the solicitor
| general and Mr.. Fiddlestick. but though
they talked fuently enough, addressing
| themselves 10 various minor points, they
| had nothing fresh of interest TO adducc,
and, finishing at half past 3, James rose
| TO reply on the whole case Oh behalf of
the plaintiff.
| There was q moments pause while lie
was arranging his notes, and then, just rs
he was about to begin, the Judge SAID
quietly, Thank you, Mr.. Short, DO not
think that need trouble you, and James
sat down with q gasp, for he knew that
the cause was won
Then his lordship began, and, after Civ
ing q mastery summary of the whole
case. concluded IS follows: such are the
details of the most remarkable probate
| cause that ever remember 10 have had
brought TO my notice, either during my
| career at the bar or on the bench 1t viii
be obvious. as the learned attorney gen
eral has said. that the whole case really
lies between two points Is the document
on the back of Augusta Smithers q sutil-
cicnt will 10 carry the property, and, II so,
is the unsupported story Of that lady as
10 the execution Of the document TO he be
| lieved? Now, what does the law under
stand by the term WIFI Surely IT
understands some writing that expresses
| the wish or will Of person as TO the dis
| position Of his property after his deCease.
| This writing must be executed with Ger
| tain formalities; but if it is 50 executed
| bv n person not idboring under any men
| tai or other disability il is indcfeasible,
except by the subsequent execution OF a
! fresh testamentary document, or by It's
| destruction or attempted destruction,
amino reyocandi, or by marriage. Sub
! iect 30 these formaliies required by
the law, the form Of the docu.
| ment-proyided that its meaning
Is clcar--is immaterial. Now, do
| the tattoo marks on the back or tins
lady constitute such document, and do
they convey the true last will OF wish OF
tho testator? This is the first point that
have to decide, and | decide II in the
affirmative 1t is true that it not usual
for tesiamentary documents 10 be tottoocd
upon the skin Of human being; but, be.
! cause It is not usual, it does not follow
| that a tattoocd document is not valid
one. The ninth section of the Statute Of
] Vic. cap. %, specifies that no will shall
be valid unless il shall be In writing; but
cannot this tattooing be considered as
writing within the meaning Of the act!
| am clearly Of opinion that it can. If only
OIL the ground that the material used was
| ink-a natural ink. il is true. that of the
cutie FISH, but still ink; for may remark
that the natural product Of the cutie
fish was at one time largely used IN this
country for that very purpose. Further,
in reference to this part Of the case, il
must be borne in mind that the tosiator
was no eccentric being, who from whim or
perversity chose this extraordinary
method of signifying his wishes as to the
disposal of his property He was q man
placed in about as terrible position as il
Is possible to conceive He was, if we are
to believe the story of Miss Smithers,
most sincerely anxious TO revoke dispo-
sition of his property which he now,
standing face TO face with the great
est issue Of this life, recognized e
be unjust, and which was certainly con
trary to tho promptings Of nature, as OK
perienccd by most men. And yet IN this
terrible strait in which he found himself,
and notwithstanding the earnest desire
which grew more intense as his vital
forces ebbed, he could find absolutely nc
means Of carrying out his wish. At
length, however, this plan Of tattoo
Ing his will upon the living flesh OF
younger and stronger person Is
presented to him, and lie eagerly
avails himself Of il; and the tattooing is
duly carried ont IN his presence and Of
his desire. and as duly signed and wit
Messed Can 1t be seriously argned that
document 80 executed does not fulfill
the bare requirements of the lawi
think that il cannot, and am Of opinion
that such n document is as much n valid
will as though il had been cngrosscd upoi
the skin Of "a sheep, ana duly signed en1
witnessed in the Temple.
and now | viii come TO the second
point. Is the evidence Of Miss Smithei
to be bolievcdl First let us So where 4
Is corroborated. 1t is clear, from the ties
timony of Lady llolmhurst, that when OF
board the i'll fated Kangaroo, Miss smith
ers had no tattoo marks upon her shoul
| I ,lo,- frlr lf