Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-06-16

Hudl bSi vi 1iOul fSiiCiy dAScoCo All a "
coming blue muslin and with the daintiest
slippers on her pretty feet. | had mean
time produced the will and given details
of the manner in which it was found.
Not to dwell too long on this prelude to
my story, will say briefly that my client
and started the next morning for Kent,
and we're met at the depot by Bowles and
his daughter, who relieved me of my
charge, while / went to my boarding
house for supper and thence to my room.
The next day filed the document in
the Office of the County Clerk, and gave
notice to Skaggs that on the following
Monday | would move that it be admitted
to probate.
But here a new difficulty presented it
self. In our anxiety to find the claimant
We had utterly overlooked the attesting
witnesses.
Immediately went to Bowles and stated
the difficulty.
"Ahr' said he, "why have we not
thought of this before p
Do you know these witnesses - said /.
Yes, know them Tom Jones lived
as a tenant on the old mans farm at the
time OF his death He now lives about ten
miles out on the Lancaster road. And, as
certain as I'm a sinner, squire, this other
witness is dead. William Jackson? Yes
/ remember him. He moved to Texas,
and died year ago.
"Then it's all up. We cart get along
! without both witnesses. Are you sure that
jackson is dead"
am certain sure. He has a brother
~ IN this town, who received a letter
u family in Texas at the time of
| ii, VI There is no doubt about it."
- :. " may as well drop the matter
at once nc l.Sw Of this State requires
the eviIe1 ri ryo witnesses, and makes
no provisi.r a. :.eath of one"
1t does a;:rer ugly, if that's the
case" said Bow,,s . bal let's make a
fight of -someGsang MAJ turn up in our
favor%
My fears proved correct, however. We
made gallant struggle. was in
vain. My speech, | was j., d ;sterward,
was applauded privately by the Judge,
though in his official capacity he felt com
PEELED to decide against me. | remember
that / spoke from a full heart, of the in
justice 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 on to adj
minister here" said the Judge from the
bench, mot what you or | may think,
Mr.. Attorney, is equity. And you know
as well as | do, for you are good lawyer,
that it takes two witnesses to prove Will
But the case was not without its benefit
to me, professionally My speech had
made an impression on the public. and
business now began to flow in
My fair client still remained at my
friend Bowles'. My eldest daughter
has come to love her as a sister" he said.
Bessie, as you must have seen, is unusu-
| ally intelligent She had received quite a
good education, too, before old Mr.. Nor
gan died. The cheerful manner in which
she bore her subsequent poverty is, as Mrs
Benham says, a proof Of an unusually
| noble character. No, we have invented an
| excuse that we wanted nursery
for she is too proud to stay as a mere pen
sioner, and her aunt has consented to the
arrangement, saying that it is sin to bury
Bessie among the hills"
Almost every week | dropped in for an
hour or so of an evening at the ..Bowles',
and, as | became better acquainted with
Bessie, | more than Endorsed my old
| friends encomium. In short | was as
much charmed with her attractions of
mind and manner as had been at first by
her sylvan grace and beauty. Very soon |
| found myself in love; and when, some six
months later, told her of it, / was over
joyed to hear her confess that my passion
| was returned.
was now the happiest man in the
country. Out of my defeat had come the
elements of success. By it | had won a
reputation and love-oh the purest, the
sweetest, the best pictured to myself a
home, humble and poor, but so bright and
cosey, 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 read
ing it carefully | closed the book and re-
turned 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 property held by him,
which he claimed as heir-at-law of the
late James Morgan; and great was the ex-
element 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
represented that thought | saw a chance
| to recover; but | 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 a book did |
carry into Court.
Morgan VS.. Skaggs," called the clerk.
Who appears for the PLAINTIFF" said
the Judge.
[ do, your Honor" l answered.
"Who for the defendant pr
81 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? ~
awe are, your Honor"
Let jury be sworn, then" said the
Judge.
The jury was soon impaneled. 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. Bowles," said /.
| The Sheriff called him. He came into
the Courtroom, took the witness-stand,
and was sworn.
The most intense silence now reigned.
Ny fair client was seated by my side, pale
and quiet. The defendant was seated
near his counsel, calm, confident and de-
| faint
Examine the witness" said the
Judge
"Mr. Bowles," l began, "are you ac-
quainted with the PLAINTIFF
am"
"Do you know where she lived, from the
time she was three years old, up to the
time she was sixteen ?"
al do"
"Where?'
With the late James Morgan"
Are you certain that this plaintiff is
the same person"
al am"
"That's all l wish to ask" said | to the
Court
"Cross-examine, gentlemen" said the
| Iu1ua