Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1888-10-12
Mr.. IIceSon' $ viii.
Gy Il. RIDER HAGGARD.


tssub II MT | need trouble you" and James
sat dcoyn with u gasp. for he knew that
The caGsc Was won.
9bas lis lordship began, and. after Civ
@g 1naoic"ly summary Of tho whole
case, concluded as follows "Such are the
details # the most remarkable probate
CaoSe mat ever remember to have had
ee91gnt 10 my notice, either during my
t2tl1ar ~ The bar or on tho bench. 1t will
% obvious. as the learned attorney gen
Gsra2 mas said, that the whole case really
bes b. Uccn two points, Is the document
&c Eht oaci of Augusta Smithers sufIi-
rSsnt a''Jl to carry tho property, and, if so,
Is yhe unsupported story of that lady as
rs tbs execution Of the document to be be-
3evsGf Now, what does the law under
stao6 BY tho term Will? Surely 1t
2lsttsTSln ds some writing that expresses
.he Va; IT will Of person as to the dis
,rysiOier Ut his property after his decease.
: Ehls writing must be executed with GER
1lSaip SouGluics; but If it is 50 executed
by & person not laboring under any men
I'd ~ J;Acr disability it is ndcfeasble,
.9os1T By the subsequent execution of q
'wes6 tcstlmentary document, or by it's
destruction or attempted destruction,
,a9iIns revocandi or by marriage. Sub
ss9& Is these formalties required by
lhs law, the form of the docu-
MANI provided that its meaning
W clcu-is immatHriol Now, do
tSe yatt.o marks on the back Of this
ll9dy cOl .ttUtc such document. and do
trv,y convey the true last will on wish Of
Jb9 5cata-oW This is the first point that
z nave TO Cc,ilc, and | decide it in the
Affirmative. It is true that il is not usual
f'0g yeat@-ontery documents TO be tattooed
NOON BE Sin Of human being; but, be.
1aDse ii is lot usual, it does not follow
"Nat + t@t.oo-d document is not a valid
NDe- TIC ninth section of TIC Statute of
] VIZ, cap. -, specifies that no will shall
III valid 'nlo,s it shall be in writing; but
cannoi his tattootug be considered as
VNitinE ri,Aiu the meaning of the act?
am clearly Of opinion that il can, if only
~ The ground that the material used was
nlif---a n.t''ral ink, it is true, that of the
i.1t0c '.GA. but still ink; for may remark
brat 1'c natural product Of he cutie
tsh wGa &t one timc largely used in this
o7untl'y f.r that very purpose. Further,
IN rCiCrCacc to this part OF the case, it
susS DC borne in mind that the tcstator
Vac no eccentric being, who from whm or
pacucrsity chose this extraordinary
method Of signifying his wishes as to the
disposal of his property. He was a man
placed jD about as terrible a position as it
- possible TO conceive. He was, if we are
% believe the story of Miss Smthers,
srst sincerely anxious TO revoke dispo-
stion OF his property which he now,
standing face to faco with the great
'ast issue Of this life, recognized to
pc unjust. and which was certainly con
Eoary 10 the promptings Of nature, as ex-
isafianced by most men. And yet in this
Aacnbla stpoit in which he found himself,
sud notwithstanding the earnest desire
Hhich grow more intense MS his vital
S9rces obbed, ne could lind absolutely no
;r'eaus Of carrying ont his wish. At
ssn 9Th, however, this plan OF tattoo
Hsg hfs will upon the living flesh of
~ younger and stronger person Is
EAsesented tc him. and he eagerly
.Easaiis himseif Of it, ard the tattooing is
sc1tsy carried out IL his presence and at
Bus desire, and as duly signed and wit.
cussseu. Ctln n be seriously argued that
q, document 20 executed does not fulfill
The bare requirements of 5lc law |
think that ii cannot, and #m Of opinion
GtVsb such a document is a. much a valid
wIl as Though il had been engrossed upon
lie sSus nf ID sheep, and duly signed and
witnessed in the Temple.
Aud now will come to the second
point. rs the evidence of Mis- Smilhers
10 tso 's3fieyod First, let US 80 where it
x, oorIr borttod 1t is clear, from The tes-
timony of Lady Holmhurst, that when on
board the i'll fated Kangaroo. Miss Smith
ars has nc TATTOO marks upon her shout
deIs Il is equally clear from the I'M
sia6en testimony of Mrs Thomas that
Hh5e she WAS rescued by the American
~hales her back was marked with tattoo
Jag, Ehcn IN the healing stugt-with tat
,ooing which could not possibly have
ossen Inflicted by herself or by the child,
HbO WIS her sole living companion. 1t is
Also proved that there was seen upon the
pa!spd by Mrs Thomas the dead body of
vsan, which she was Informed was that of
SIR .MoesQn, and which she here in court
,oeetShGd by means of a pinot ograph.
9Isc, hts same witness produced a
aneSl Fijch she picked up in one of the
ao6s, SIS 10 be the shell used by the
3ailofe 20 drink tho rum that led to
them letAructlon; and she swOre that
she saw > 6ailoss hat lying Oh the shore.
Neg, III l$s L. colToborative evidence,
lxd ~ ssrr not 20 be deSpised. Indeed,
~ 10 orn5 point, that of the approximate
safe ~ 5ha execution of the tatJooing, it
u 70 my mind final Still there does re-
Naso IN enormous amount that must be
.sHcruted Or not, according TO whether
~ mt credenco can be placed in the un-
supported testimony of Miss Smithers,
Tor we clrnnt call on child 50 young as
.he orpecns Lord Holmhurst to bear wit
x,so in a court of justice. If Miss Smith
~are, ion instance, is not speaking the
4rSGk when she declares that the sigma
iure o. the testator was tattooed upon
laec book under his immediate direction, or
.hsG il v@s tattooed in the presence of the
'EH9 Sail0rs, Dutt and Jones. whose sigma
slAnes were also tattooed i'll the presence
II &lae tcstatur and of each other no will
80 ali WAS executed, gnd the plaintiffs
,ta4e cOliapses utterly. Since, from the very
MIXTURE Of the facts, evidence as to hand
vi itAss would, of course. be useless
Now, approach the decision of this point
l1.fter nnyious thought and some hesta
tisn. It is not a light thing to set aside
- dorr-1lly executed document such as the
VA Of Nov. 10, upon which the defend
,s.absssntY and to entirely alter the deVOlu