The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-05-24

1t is the law we are called on to ad
minister here said the judge from the
bench, not what you or l may think
MIR. Attorney, is equity. And you know
as we'll as do, for you are a good law
yer, that it takes two witnesses to prove
a will
| But the case was not without its ben
eft 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 Bowls's. My eldest daughter has
come to love her as a sister, he said
Bessie, as you must have seen, is un-
usually intelligent. She had received
quite good education, too, before old
MIR. Morgan died. The cheerful man
ner In which she bore her subsequent
poverty is, as Mrs. Benham says, proof
of an unusually noble character. Now
we have invented an excuse that we
want nursery governess, for she is toe
proud to stay as a mere pensloner, ano
her aunt has consented to the arrange
ment, saying that 1t is sin to bury Bes
sic among the hills
Almost every week dropped in fol
an hour or 80 of an evening at the
Bowls's, and, as became better &C
quainted with Bessie, more than in
dorsed my friends encomiums. In
short, l was as much charmed with heI
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 oyerjoyed
to hear her confess that my love was re.
turned.
was now the happiest man in the
county. Out of my defeat had come
the elements of success, By it | had
won a reputation and a love-oh, the
purest, the sweetest, the dearest, the
best! l pictured to myself a home,
humble and poor, but 30 bright and
cosy, the abode of content and happi-
ness,
One day in the following summer
was IN the clerks office searching some
ola records, when came upon page
that almost took my breath away. After
reading it carefully l closed the book
and returned to my office.
The next day Simon Skaggs was
served with summons to answer 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 was known chat this suit was
begun. What could it mean? asked
everybody.
told no one. Even to Bessie l only
represented that thought l 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. had prepared no brief.
Not even memorandum or book did
carry into court.
Morgan Vs. Skaggs,' called the clerk.
Who appears for the plaintiff asked
the judge.
4 do, your honor l answered,
Who for the Defendant
I do, your honor answered two OF
the oldest and most talented lawyers
from Kent.
Are you ready for the PLAINTIFF
We are
Are you ready for the defendant
we are, your honor.
LEU jury Do o"Oihi Vnoh, ooiN WV
Judge.
The jury was soon empaneled. The
twelve men filed In and took their seats
amid the most breathless silence.
Let the case proceed at once said
the judge.
Call Mr.. Bowls, said l.
The sheriff called him, He came into
the court room, took the witness stand
and was sworn.
The most intense silence now reigned.
My fair client was seated by my side,
pale and quiet. The defendant was
seated near his counsel, calm. confident
and defiant.
'Ext line the witness, said the judge.
Mr., Bowls | began, ARE you &C
quainted with the PLAINTIFF
1 am
DO you know where she lived from
the time she was three years old up to
the time she was sixteenT
4 do
'Where?'
With the late James Morgan
Are you certain that this plaintiff is
the same person?
/ am
That's all l wish to ask, said l to the
court.
Cross examine, gentlemen said the
judge.
We don't wish to ask anything, said
he opposing counsel.
Let the witness stand aside said the
court, Call your next
May it please your honor, we have no
other witnesses that we wish sworn at
present, said l, rising to my feet and
looking around the room.
A murmur of disappointment ran
through the crowd.
Then do you rest your case here ?
said the judge, with smile.
No, your honor; we have some rec
ord evidence that we wish to introduce.
And as l spoke l drew it from my pock
ct. 1T is an authenticated copy from
the records of the county for the year
18-. 1t proves that this young lady
was duly and legally adopted as the
daughter of the deceased, and as such is
entitled, under the law, to this property
as his nearest and only heir-at-law.
Shall read it to the juryT
Read it, said the judge.
But Skaggs's lawyers sprang to their
feet with storm of objections. For
full hour they argued with all the force
of their ability, bringing TO bear their
vast legal knowledge and experience.
But they were finally overruled by the
court, who directed me to proceed.
The record was conclusive. After
reading it l announced that l would
close the case for the plaintiff. The de-
PENDANT was so completely taken by
storm that he did not introduce single
witness. The chs rye of the court was
lucid and comprehensive. In thirty
minutes the jury returned verdict for
the plaintiff.
The result was received with loud &C
CARNATIONS by the excited audience.
Skaggs took the case TO the Supreme
Court, but only for the purpose of gain
ing time. The judgment below was af-
firmed.
Three months later the real estate was
turned over to my client. The securi-
ties were given up at the same time
without suit. With part of the in
terest which had been accommodating for
years the old mansion at Oakdale was
refitted and furnished.
Six months later there was a quiet
wedding at my old friend Bowls's, in
which took prominent part.
/ am getting on toward middle age.
love my profession better than ever,
though my time Is now necessarily di-
vided and portion of it devoted to the
farm at Oakdale.
The old farmhouse is vocal with child.
ish music, and sunny-haired, soft
voiced little woman makes it the bright
est spot on all the earth for me- Milton
7. Adkins.
Answer This Question.
WIN do an many neODla we ace around