Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1889-11-23
Court metaphoricarly opened it's eyes

After this the defendants obtained leave
to amend their answer to the plaintiffs
statement of claim. Al first they had only
pleaded that the testator had not duly ex'
ecuted the alleged will in accordance with
the provisions Of l Vic, cap. 90, sec. 9, and
that he did not know and approve the con.
tents thereof. But now they added "a plea
TO the effect that the said alleged WI was
obtained by the undue influence VI Au-
Custa Smithers, or, as one of the learned
counsel for the defendants put it much
more clearly at the trial, that the will
had herself procured the will, By an undue
projection OF her " will upon the I'M
willing mind Of the ~testator."
And so the time went on. As often rs
he could, Eustace got away from London.
and went down 70 the little riverside ho-
tel, and was as happy as a man can be who
has a tremendous lawsuit hanging over
him. The law, no doubt, is an admira
institution, out OF which n large numUs
Of people make a living, and a proportion
OF benefit accrues to the community at
large. But woe unto those who form the
subject matter Of It's operations. For in
stance, the Court Of Chancery is an ex-
cellent institution in theory. and looks az
ter the affairs OF minors upon the purest
principles. But how many OF its wards
I after, and as q result Of one of its weli-in-
tentioned interferences, have TO struggle
for the rest Of their lives under q load of
debt raised TO pay the crushing costs, To
employ the Court of Chancery to look af-
ter wards is something as though one set
a tame elephant TO pick up pins. n odoubt
be could pick them up, but it would cost
something to feed BIN tY,a II \ se eeSrr ~
Chancery produces more Indebtedness and
poverty than it prevents. and it c~ertaiuly
is a bold step, except under the most e&
ceptionable circumstances. TO place any.
body in it's custody who has money that
can be dissipated in law expenses. But OF
course these are revolutionary remarks,
which one cannot expect everyone oaCre5
with, least of all the -conyeyanoinc counsel
Of the Court.
However this may be, certainly his i'm.
pending lawsuit proved a fly in Eustace's
honey, Never a day passed bat some fresh
worry arose. James and John, the legal
twins, fought like heroes, and held their
own although their experience was sc
small-aS men Of talent almost invariably
do when they are put to it. But it was
diflcult for Eustace 10 keep them supplied
even with sufficient money for out-of-
pocket expenses; and, Of course, as was
natural in u case in which such enormous
sums were at stake, and in which the de.
PENDANTS were already men Of vast wealth,
they found the flower of the entire talent
and weight Of the Bar arrayed against
them. Naturally Eustace felt, and so did
Mr.. James Short-vho, notwithstanding
his p~omposity and the technicality of his
talk, was both a lever and a sensible
man that more counsel. mel Of weight
and experience, ought 70 be briefed; but
there were absolutely no funds for this
purpose, nor was anybody likely to al
vance any upon the security of a viii tat
tooed upon a young lady's back. This
vas awkward, because success in law pro-
ceedings so very often leans toward the
weightiest purse, and Judges, however
impartial, being but men after all, are
more apt 10 listen 10 "a argument which
is urged upon their attention by an Aitor-
ney-General than on one advanced by an
unknown junior.
However, there the fact was, and they
had 20 make the best of it; and q point in
their favor was that the case, although OF
2 most rs,narsa a. s ~9 ags Ees aBy grsss
mass Of documentary evidence.
CHAPTER x~Ix.-NEEsoS VS.. ADDISON AND
ANOTHER,
The most wearisome times go by at last
If only one lives TO see the end Of them,
and 50 it came 10 pass that at length on
one fine morning about a quarter to ten Of
Nla II nN- CAy.w4~s .fanf- tLua Hnasnaka ffe
CHASTITY hideousness upon unoffending
Fleet street, Augusta, accompanied By
Eustase, Lady Holmhurst, and Mrs
Thomas, the wife of Captain Thomas, who
had come up from visiting her relatives in
the eastern counties in order to give evil
dence, found herself standing in the big
entrance TO the new Law Courts, feeling
as though she would give five years OF hei
life TO be anywhere else.
This way, my dear, said Eustace; N
John Short said that he would meet Us by
the statue in the hall" Accordingly, they
passed into the archway by the oak stand
where the cause lists are displayed. Au
gusta glanced at them as she went, and
the first thing that her eyes fell on wac
probate and Divorce Division, Court l.,
at 1890, Meeson vs.. Addison and Another
and the sight made her feel sick. In an
other moment they had passed a police
mau Of gigantic size, ''nonstrpm horren
dun, informe, ingens," who watches and
wards the folding doors through which sc
much human learning, wretchedness, and
worry pass day by day, and were standing
in the long but narrow and ill-proportioned
hall which appears to have been the best
thing that the architectural talent Of the
nineteenth century was capable of pro
ducing.
To the right of the door on entering is O
statue of the architect OF n pile OF which
England has certainly no u to feel
proud. and here, q black bag fuh of papers
in his hand, stood Mr.. John Sf-art, wearing
that air Of excitement upon his counten.
auce which IL 80 commonly TO Be sean n
the law courts
Here you are" he said. "I was begin
ming TO be afraid hat you would be late
We are first on the list, you know; the
Judge fixed it specially TO suit the %
venience of the Acknowledgement He's
on the other side, you know" he added.
with q Sigh. "I'm sure ! don't know how
poor James viii get on There are more
THAI twenty counsel again-t him, for all
the legatees under the former will are
represented. Al any rate. he Is we'll MP in
his facts. and there does not seen 70 nae TO
be very much law In the Ease"
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