Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1888-10-12

duty IL Is TO discriminate as to the credi-
bility of testimony, to disbeleve the his
tory so circumstantially detailed in the
box by Miss Smithers." Sensation a
watched her demeanor both under ex-
animation and cross examination very
closely indeed, and | am convinced that
she has been telling the absolute truth so
far as she knew it.
"And now to come to the second point.
1t has been suggested, as throwing doubt
upon Miss Smithers story, that the exist
ence of an engagement to marry, between
her and the plaintiff, may have prompted
her to concoct n monstrous fraud for his
benefit; and this is suggested, although
at tho time of the execution of the tat
tooing no such engagement did, as mat
ter of fact, exist, or was within mcasur-
able distance of the parties It did not
exist, said the attorney general; but tho
disposing mind existed; in other words,
that she was then in love'-if, notwith-
standing Mr.. Attorneys difficulty in de-
fning it, may use the term-with the
plaintiff This may or may not have been
the case. There are some things which
it is quito beyond the power of any judge
or jury to decide, and one of them GER
tainly is, Mt what exact period of her &C
quaintance with a future husband
young ladys regard turns into warmer
feeling But supposing that the attorney
general is right and that although she at
that moment clearly had no prospect Of
marrying him, since she had left England
to seek her fortunes at the antipodes, the
plaintiff was looked upon by this lady
with that kind of regard which is sup
posed to precede the matrimonial contract,
the circumstance, in my mind, tells
rather in his favor than against him.
For in passing / may remark that this
young lady has done thing which Is,
in its way little short of heroic; the more
so, because il has ludicrous side. She has
submitted TO an operation which must not
only have. been painful, but which is and
always will be a blot upon her beauty. l
am inclined TO agree with the attorney
general when he says that she did not
make this sacrifice without a motive,
which may have sprung from a keen sense
of justice, and of gratitude to the plain
tin for his interference on her behalf, or
from warmer feeling. In either case,
there is nothing discreditable about it,
rather the reverse, in fact; and, taken by
itself there is certainly nothing here to
cause me to disbeleve the evidence Of
Miss Smithers.
Zone question only seems to me to re-
main. Is there anything TO show that the
lHslatol was not ut the time Of the eXecu-
ton of the will, Of sound and disposing
HiIH"' ul,u Is lncre IN! lh'nS IN ms con
duct or history to render the hypothesis
Vi ''3 nay ny rAeCu'eu ms VIII SO I'M
piVp'piC .'!"u .h' 'ouI' SHpu'u take me
nAprooa.li''L INTO account AS to me
alSC PoiHl l can uhu n"'hl!E' MISS
summers expressly SWorc that II was not
nc c'lse' llor was her statement shaken
19{ very searching cross -SAaliiiiia'ioh'
I'le 3uIIi'leu' lliuee9' that shortly before
uI4,h ne "anuereu III ms ihihd' ana
lIIoJsl'V tnaH ne was surrounded by the
enuue' " "''nUrs "ui'ihS 10 De reVei8eu
uPoh nm n"t II Is no uncommon
tnIil8 lor me Hlinu mus TO IAN at
tle last, ana 1t IS not extraordinary that
tnl9 u}iuE man silouiu coilJ"re before MS
pIaih the Shapes OF those WIN some OF
whom ne appears TO nave dealt harshiy
uuIihg ms me nor 90 i cohSiuer II IN
any way iniPossloie Iha' Wneil he leit ms
10 reverse the sentence OF ms anger and
restore TO ms nephew, whose only oiiense
hao peeh somewhat indlscreet use OF
the language OF truth the inheritance TO
vast Wcalth OF whlcn ne had deprived
Mn 0uch course strikes me AZ peiiig
n,0sV haIurai alu proper one ana per
iec''y III accoruahce WIN ,he lirSt pfihci-
pies vi huni''n ii'Hurt' Inc "iloie 'aie IL
undouptedly OF wild ana romantic order,
ana once agaH Illustrates the saying mat
truth is stranger than hctlon. But l
have no choice but to accept the fact that
the deceased did, by means OF tattooinH
carried out by his order legal SeNccui1
his true last will in favor of his, next IT
KIM EuStace II. Meeson' upon the shout
heing ca | pronounce for +le will nro.
pounded by the plaintih, ana there Will