The Portland daily press., 1888-10-10

utterly overlooked the attesting witnesses
| Immediately went to Bowles and stated
the difficulty.
"Ahl" said he, "why have we not thought
of this before?"
do you know these witnesses ?" said |.
es, know them. Tom Jones lived as a
tenant on the old mans farm at the time of
ms qeaIn, he now lives about ten miles out
on the Lancaster road. And, as certain as
I'm sinner, squire, this other,witness is
dead. William jackson? Yes-I remember
him., lie moved to Texas and died year
Then it's all up. We can't get along
jackson is dead?"
Il am certain sure. He has a brother in
this town who received letter from the
family in Texas at the time of his death.
There is no doubt about it."
Then we may as well drop the matter at
once. The law of this State requires the
evidence of two witnesses, and makes no
| provision for the death of one."
| 1T does look rather ugly, if that's the
| case" said Bowles. but let's make fight
of it-something may turn up in our ia
vor."
My fears proved correct, however. We
made gallant struggle, bnt 1t was in vain.
| My speech, was told afterwards, was APP
piiauded privately by the judge, though In
his official capacity he felt compelled to de-
eide against me. | remember that l spoke
| from full heart of the injustice of refusing
to receive will which everybody knew to
be that of Morgan, merely because one of
| the witnesses died.
1T is the law we are called upon to admin
lister here" said the Judge from the bench,
mot whatlsyou or i may think, Mr.. Attor-
| ney, is equity. And you know as well as !
40, Tor you AREA good lawyer, that it takes
TWO witnesses to prove will"
Bul the case was not without its benefit to
me professionally. My speech had made an
Impression on the public, and business now
began to pour in.
;, My fair client still remained at my friend
bowies's. My eldest daughter has come to
love her as a sister," he said. "Bessie.o as
you must have seen, is unusually intelligent,
Sne mad received quire good education too
before old Mr.. Morgan died. The cheerful
manner In which she bore her subsequent
poverty is. as Mr.. Benham says, a proof of
an unusually noble character Now, we
have invented an excuse that we want a
nursery governess, for she is too proud to
stay as mere, pensioner, and her aunt has
consented TO the arrangement, saying it is a
| SIN to bury Bessie among the hills"
Almost every week I dropped in for an
hour or so OF an evening at the Bowles's, and
as became better acquainted with Bessie
more than endorsed my old friends encOn-
ums. In short, was as much charmed with
ner attractions OF mind and manner as had
been at first by her sylvan grace and beauty
Very soon L found myself in love and when
some six months later told her of it, | was
overloyed TO hear her confess that my passion
was returned.
l was now the happiest man in the county.
Out OF my defeat had come the elements of
success. BY it had won reputation and a
love--oh, the purest, the sweetest the best !
pictured to myself a home. humble and
poor, but SO bright and cosy, the abode Of
content and happiness.
One day in the following summer was in
the clerks office searching some old records,
when came upon page that almost took
my breath away After reading it carefully
clored the book and returned to my office.
The next day Simon Skaggs was served
with summons to answer suit of eject
ment in the name of Elizabeth Morgan, for
all the real properly held by him, which he
claimed as heir-at-law Of the late James
Morgan and; and great was the excitement
| in the village when it was known that this
| suit was begun. what could it mean %
| asked everybody.
| told no one. Even to Bessie | only rep
resented that thought / saw chance to re-
| coyeri but was careful not to appear too
Sanguine.
In two months the circuit court came on.
Again the court was crowded. The excite
ment was even greater than it had been be-
fore. l had prepared no brief. Not even a
memorandum or book did carry to court.
Morgan VS.. Skaggs," called the clerk.
"Who appears for the plaintiff?' said the
judge.
Il do, your honor" answered.
who for the DEFENDANT"
I'VE do, your honor" answered two of
Kent.
Are you ready for the PLAINTIFF"
eve arev'
Are you ready for the defendant"
I'VE are, your honor"
Let a jury be sworn, them" said the
judge.
The jury was then empanelled. The
twelve men filed in and took their seats amid
breathless silence
Let the case proceed at once" said the
judge.
The sheriff called him. lie came into the
court room, took the witness stand and was
sworn.
fair client was seated by my side. pale and
quiet. The defendant was seated near his
counsel, calm, confident and defiant.
Examine the Witness" said the judge.
INF: Bowles," began, 'are you acquaint-
ed with the plaintiffP"
''Do you know where she lived from the
time she was three years old up to the time
she was sixteen?"
"Where?"
"With the late James Morgan"
Are you certain that this plaintiff is the
same person.
II am"
That's all wish to ask" said to the
court
''Cross examine, gentlemen" said the
"We don't wish to ask anything" said the
opposing counsel.
"Let the witness stand aside," said the
court Call your next
May 1t please your honor, we have no
other witnesses that we wish sworn at pres
ent," said !, rising to my feet and looking
around the room.
:, A murmur of disappointment ran through
the crowd.
'Then you rest your case here?" said the
judge, with SMILE
mo, your honor; we have some record
evidence that we wish to introduce" And,
as spoke, drew 1t from my pocket. SIT is
an authenticated copy from the records of
the county for the year 1S-.. 1t proves that
this young lady was duly and legally adopted
as the daughter of the deceased, and as such
is entitled, under eur law, to this property as
his nearest and only heir .at-law. Shall
read 1t to the jury?"
"Read it," said the JUICE.
But Skaggs's lawyers sprang to their feet
with storm of objections. For full hour
they argued, with all the force of their abili-
| ty, bringing to bear their vast legal knowl-
edge and experience. But they were finally
| overruled by the court, who directed me to
| proceed.
The record was conclusive After reading
| it announced | would close the case for the
plalntlff. The defendant WAS SO completely
| taken by storm that he did not introduce a
| single witness. The charge Of the court was
| lucid and comprehensive. In thirty minutes
the jury returned verdict for the plain
| tiff.
The result was received with loud acclama-
| tions by the excited audience. Skaggs took
the case to the supreme court but only for
the purpose of gaining time. The judgment
below was affirmed.
| Three months later the real estate was
turned over to my fair client. The securi-
ties were given up at the same time without
suit. With part of the interest which
had been accommodating for so many years
the old mansion at Oakdale was refitted and
| furnished.
Six months later there was quiet we'd
ding at my old friend Bowles's in which
took prominent part.
| / am getting on toward middle age. | love
my profession better than ever, though my
| time is now necessarily DIVIDED, and por-
ton of it devoted to the farm at 0akdale.
The old farmhouse is vocal with childish
music, and a sunny-haired, sOft-voiced little
woman makes it the brightest spot on all the
| earth for me.
WIT AND WISDOM.