Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1889-01-10
Mr.. NELSON'S WILL.
BY II. RIDER HAGGARD.

Of applause, for the speech nau really Deen
a 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 it seemed
to him but very little while. In another
moment he was up again, and had called
his first witness Eustace Meeson.
Eustace's evidence was of rather form
al order, and was necessarily limited to an
account of the relations between his uncle
and himself, and between himself and Au-
gusta. Such as it was, however, he gave
it very well, and with complete openness
that appeared to produce a favorable i'm
preston on the Court.
Then Fiddlestick, Q. c., rose to cross-ex-
anime, deVoting his efforts to trying to
make Fustace admit that his behavior had
been Of a nature to amply justify his I'M
cle's behavior. But there was not very
much to be made out of it. Eustace de-
tailed all that had passed freely enough,
and it simply amounted to the fact that
there had been angry words between the
two as regards the treatment that Angus
tn had met with at the hands of the firm.
In short, Fiddlestick could not do any
thing with him, and, after ten minutes of
4, sat down without having advanced his
Ease to any appreciable extent. Then sew
eral of the other counsel asked question
or two apiece, after which Eus ace was
told to stand down, and Lady Holmhurst
was called. Lady Holmhurst's evidence
was very short, merely amounting to the
fact that she had seen Augustus shoulders
on board the Kangaroo, and that there
was not then a sign of tattoo marks upon
them, and when she saw them again in
London they were tattooed. No attempt
was made to cross-eXamine her, and on the
termination of her evidence the court adj
journed for lunch. When it re-assembled
James Short called Augusta, and a muir
muir OF expectation arose from the densely
crowded audience as-feeling very sick at
heart, but looking more beautiful than
eyer-she stepped toward the box.
As she did SO, the Attorney General
rose
81 must object, my Lord" he said, ION
behalf of the defendants, to this witness
being allowed to enter the box"
upon what groundsS' Mr.. Attorney"
xaid his Lordship.
upon the ground that her mouth is,
tpSo fdctO, closed. If we are to believe the
plaintiffs story, this young lady is herself
the will of Jonathan Meeson, and, being
so, is certainly, / submit, not competent to
give evidence. There is no precedent for
adocument giving evidence, and presume
that the witness must be looked upon as a
document"
But, Mr. Attorney" said the Judge, "a
document is evidence, and evidence of the
best sort"
Undoubtedly, my Lord; and we have
no objection to the document being exhib-
tied for the Court to draw its own conclu-
sion from, but we deny that it is entitled
to speak in its own explanation. A docu-
ment is thing which speaks by its writ
ten characters 1t cannot take to itself a
tongue and speak by word of mouth also:
and in support of this, l may call your
Lordship's attention to the general princi-
Piles of law governing the Interpretation of
written documents "
II am quite aware of those principles,
Mr.. Attorney, and l cannot see that they
touch this question"
CAS- your Lordship pleases. Then / will
fall back upon my main contention, that
Miss Smithers is, for the purposes of this
case, a document and nothing but docu-
ment, and has no more right to open her
mouth in support Of the plaintiffs case
than would amy paper viii If Il could be
miraculously endowed with speech"
"Well" said the Judge, sit certainly
strikes me as a novel point What have
you TO say to it, Mr.. Short?"
All eyes We're now turned upon James
Cor it was felt that if the point was decided
against him the case was lost.
1.-THE point to which | wish you to adj
dress yourself, Mr.. Short" went on the
learned Judge, ''is-Is the personality OF
Miss Smithers so totally lost and merged
In what, for want of better term, / must
call her documentary capacity, as to take
away from her the right to appear before
this court like any other sane human be-
ing, and give evidence of events connected
with its eXecution?n
''If your Lordship pleases," said James
81 maintain that this is not SO. / main
tain that the document remains the docu
rnent; and that for all purposes, including
the giving of evidence concerning its exc
cution, Miss Smithers still remains Miss
Smithers. 1t would surely be absurd tC
argue that because a person had deed
executed upon her skin she was, ipSC
fdcto incapacitated from giving evidence
concerning it, on the mere ground that
she was It, Further, such decision would
be contrary to equity and good policy, fol-
persons could not so lightly be deprived OF
their natural rights. Also, in this case
the plaintiffs action would be absolutely
put an end to by any such decision, seeing
that the signature of Jonathan Meesor
and the attesting witnesses to the viii
could not, of course, be recognized in theil
tattooed form, and there is no other living
person who could depose under what cir
cumstances the signature came to be there
submit that the objection should be over
ruled"
"This," said his Lordship, in giving his
decision, sis very curious point, and one
which, when first raised by the learned
ACKNOWLEDGEMENT, struck me with some
force: but, on considering it and hearing
Mr. Short, am convinced that it is an OBJ
lection that cannot be supported" Cher,
Eustace gave a sigh of relief. 1T is ar
gued on the part of the defendant thai
Miss Smithers is, for the purposes of this
case, a document, and nothing but docu
ment, and as such that her mouth is shut
Now, think that the learned Attorney
General cannot have thought this matter
ont when he came TO that conclusion
What are the circumstances? 4 will is
supposed to have been tattooed upon thi:
lady's skin; but is the skin the whole per
sona Does not the intelligence remain
and the individuality? l think that | car
put what mean more clearly by means
of an illustration. Let us suppose that
were to uphold the defendants objection
and that, as a consequence, the plaintiff
case were to break down. Then let u
suppose that the plaintiff had persuaded
the witness TO be skinned"-(hereA August;
nearly jumped from her seat)-'and tina
she, having survived the operation, wa
again rendered to the court as witness