The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1888-12-08

claimant we had utterly overlooked
the attesting witnesses.
| immediately went to Bewls and
stated the difficulty:
stAhlh said he. sswhy have We not
thought of this befere7" a -.
"De you know these witnessess"
said I.
Eyes, I know. them, Tom Jones
lived as a tenant On the old mans
farrA ut the time of his death. He
now lives about ten miles out on the
Lancaster road. And, as certain as
FIN a sinner, squire, this other wit
ness is dead, William Jackson
Yes-1 remember him. He moved to
Texas, and died q year ago"
"Then it's all up. We can't get
along without both witnesses: Are
you sure that Jackson is dead?"
81 am certain sure. He has broth:
er living in this town, wh6 received d
letter from the family in Texas at the
time Of his death: There is ND doubt
about it."
"Then we may as well drop
the matter at once. The law
of this State requires the evi-
dence of two witnesses, and makes
no provision for the death of one"
at does look rather ugly, If that's
the case" said Bowls. "But lists
make a fight for it-senething may
turn up III our favor"
My fears proved correct, however.
We made a gallant struggle; but it
was in vain. My speech, [ was told
afterward, was applauded privately
by the Judge. though in his official
capacity he felt compelled to decide
against me, remember that / spoke
from a full heart of the injustice oil
refusing to receive will which every
body knew to be that of Morgan,
merely because one of the witnesses
had died.
My fair client still remained at my
friend Bowls's. my eldest daughter
has come to love her as a sister," he
said. "Bessie, as you must have
seen, is unusually intelligent. She
had received quite a good education,
too, before old Mr.. Morgan died.
The cheerful manner in which she
bore her subsequent poverty is, as
Mrs. Benham says, proof of an un-
usually noble character. Now we
have invented an excuse that we
want nursery governess, for she is
too proud to stay as mere pension
er, and her aunt has consented to the
arrangement, saying that it is a sin
to bury Bessie among the hills"
One day in the following summer
was in the clerks office searching
some old records, when came upon
a page that almost took my breath,
away. After reading it carefully !
closed the book and returned to my
Office.
The next day Simon Skaggs was
served with a summons to answer a
suit of ejectment, in the name OF
Elizabeth Morgan, for all the real
property held by him, which he.
claimed as heir-at-law of the late
James Morgan; and great was the
excitement in the village when it wac
known that this suit was begun.
what could it mean?" asked every.
body. !
told no one. Even to Bessie l on.
ly represented that I thought saw a
chance to recover but l was careful
not to appear too sanguine.
In two months the Circuit Court
came on. Again the court was
crowded. The excitement was even
greater than it had been
before. l had prepared no
brief. Not even q memorandum
or q book did l carry to court.
Morgan vs.. Skaggs," called the
clerk, and shortly afterward ! said:
"Call Mr.. Bowls"
The Sheriff called him. He came
into the court room, took the wit
ness stand, and was sworn.
The most intense silence now
reigned. My fair client was seated
by my side. pale and quiet. The de-
PENDANT was seated near his counsel
calm, confident, and defiant.
! Examine the Witness" said the
Judge.
"Mr. Bowls" began, "areyou &C
quainted with the PLAINTIFF"
81 am"
"Do you know where she lived,
from the time she was 8 years old,
up to the time she was 1877"
II do"
: "Where?"
"With the late James Morgan"
care you certain that this plaintiff
is the same person?"
81 am
Chats all wish to ask" said /
to the the Court.
"Cross-examine, gentlemen" said
the Judge.
"We don't wish to ask anything"
said the opposing counsel-two of
the ablest lawyers in the country.
"Let the witness stand aside" said
the Court. Call your next"
"May it please your honor, wehaxe
no other witnesses that we wish
sworn at present." 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.
"No, your Honor; we have some
record evidence that we wish to in
troduce;;" and as l spoke I drew it
from my pocket. st is an authenti-
Gated copy from the records of the
county for the year 1S-. It proves
that this young lady was duly and
legally adopted rs the daughter of
the deceased, and as such is entitled,
under our law, to this property, as
his nearest and only heir at law.
Shall / read it to the jury?"
"Read it," said the Judge.
But Skaggs's lawyers sprung to
their feet'with a storm Of objections.
For full hour they argued with all
the force of their ability, bringing to
bear their vast knowledge and expe-
rience. But they were finally over
ruled by the Court who directed me
to proceed.