The Daily times. [volume] (Richmond, Va.) 1886-1889, 1888-10-21


g 10 is in every sense a properly executed
! willis tattooed upon the shoulders -
(sensation in court lis tsttooed upon
: the shoulders Of Young lady. Miss Au-
gusta Smithers, who viii presently be
: called before your lordship. and to pre-
vent any misunderstanding may as well
at once state that since this event this
lady has become engaged 10 be married
/ TO the plaintiff. Renewed sensation
.Such, my lord, are the main outlines
Of the case that have 10 present for the
! consideration of tho cor;t, which | think
| your lordship will understand is of so re-
markabIc and unprecedented q nature that
! must crave your lordship's indulgence
if proceed to open it ct some length, be
ginning the history at its commencement. y
/ By this time James Short had completely
recovered his nerve. and was, indeed, al
most obliyious Of the fact that there was
anybody present in the court, except the
learned judge himself. Going back 10 the
beginning, he detailed the early history Of
the relationship between Eustacc Meeson
and his uncle, the publisher with which
! this record has nothing to do. Thence he
passed to the history of Augustus rela-
tion with the firm of Meos on & Co., which,
as nearly everybody In the court, not ex-
ccpting the Judge, had read 'Jemlma's
Vow, was very interesting TO its audi
tors. Then he went on TO the scene be-
tween Augusta and the publisher and de-
tailed how Eustace had interfered, which
interference had led to violent quarrel,
resulting in the young mans disinherit-
ance. Passing on, he detailed how the
publisher and the publishee had taken
passage in the same vessel, and the tragic
occurrences which followed down to Au-
gustas final rescue and arrival in England,
and finally ended his spirited opening by
appealing to the court not TO allow its
mind to be influenced by the fact that
since these events the two chief actors
had become engaged to be married which
struck him. he said as very fitting eli
max to so romantic story.
AT last he ceased. and amid little buzz
Of applause, for the speech had really
been very fine one sat down. As he
did so he glanced at the clock He had
been on his legs for nearly two hours. and |
yet 1t seemed to him but a very little |
while. In another moment ho was up
again, and had called his first witness |
Eustaec Mceson
Eustaces evidence was Of a rather |
formal order and was necessarily limited |
to an account Of the relations between his /
uncle and himself, and between himself /
and Augusta Such as 10 was. however
he gave 1t very well, and with a complete
openncss that appeared TO produce IA
vorablo impression on tho court.
Then fiddlestick, Q. c.. rose 10 cross
examine, dcyoting his efforts to trying to
make Eustace admit that his behavior had
been Of nature TO amply justify his
unclc's behavior But there was not very
much TO lie made out Of IT, Eustaco
detailed all that had passed freely enough,
and It simply amounted TO the fact that
there had been angry words between the
two as regards tho treatment that Au-
gusta had met with at the hands Of the
firm. In short, FiddlesticlS could not do
anything with him. and, after ten minutes
Of il, sat down without having advanced
his case 70 any appreciable extent. Then
several Of the other counsel asked Qucs.
ton or two apiece, after which Eustacc
was told 10 stand down, and Lady Holm
dcncc was very short, merely amounting
20 Che fact that she had seen Augustus
shoulders on board the Kangaroo, and |
that there was not then sign OF tattoo
marks upon them. and when she saw
them again i'm London they were tattoocd.
No attempt was made 10 cross examine
her and on the termination Of her oyi.
dcncc the court adjourned for lunch.
When 1t reassembled James Short called
Augusta, and murmur Of expectation
arose from the deuscly crowded audience
as-fccling very sick at heart. but looking
more beautiful than eyer-she stepped
toward the box
A. she did SO tho attorney general rose.
II must object, my lord be said, con
behalf of the defendants, 20 this witness
being allowed TO enter the box
Upon what grounds, Mr.. Attorney
said his lordship
open the ground that hor mouth is,
ipso iccto. closed If we arc e. believe
the plaintiffs story, this young lady is
herself the will Of jonathan Meeson, and
being so, is certainly, submit. net COM
petent 10 give evidence There is 10
precedent for q document giving evidence,
and ] presume that the witness must lie
looked upon as q documen."
But, Mr.. Attorney" said the Judge
"a document is evidence, and evidence Of
the Rest sort
- Undoubtedly, my lord and we have
10 objection TO the document being OK.
hibitcd Ter the court 10 draw its own con-
clusion from. but We deny that il is en-
titled TO speak in its own explanation. A
document is thing which speaks by its
written characters. 1t cannot take to it. ,
:elf a tongue and speak by word Of mouth h,
also; and in support Of this, | may call
your lordshp's attention 10 the general
principles of law governing the interprc
tatiOn Of written documents
IL am quite aware Of those principles,
Mr.. Attorney. aud cannot see that they ,
touch this question"
as your lordship pleases. Then viii
fall back upon my main contention. that
Miss Smithers Is, for the purpose of this ,
case, a document and nothing buf dOcu !
ment, and has no more right 10 open her
mouth in support Of the plaintiff case
than would any paper will, If il could be
endowed with speech.
We'll, said the judge 80 certainly
strikes me as novel point. What have
You 10 say 10 il, Mr. short
All eyes were n )w turned upon James,
for 1t was felt thet If the point was de- ,