Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-05-30

For seRral Weehs RdinallIallr0 stopped
on in those comfortable quarters. He was
in no hurry to go. He liked civilization.
The particular elements of our culture that
interested him most, to be sure, were the
penny TOYS and the sweet-shops. But he
cared also for more adult occupations and
amusements. Poor heather though he was,
the lights in the gin palaces seemed to at
tract his eye quite as much as they do those
of our own respected and beloved fellow
citizens, London clearly pleased him. Now
and again Will made inquiries about ships
bound for Samoa and in want of native
hand: but the Kanaka showed no disposition
to accept these suggestions. And Will
couldn't turn him out. When savage from
the South Seas has managed to work his way
across to England as common sailor, on
purpose to serve you, how can you possibly
send him back again by the very first chance,
without even allowing him time to improve
his mind by few casual visits to South
Kensington and the British Museum.
The Kanaka spent much time prowling
the streets by day. In the evening he often
sat and talked long with Will Protheroe.
Will liked to probe his mind; it was virgin
soil, fresh field in psychology. Rama
liraliro's English improved fast under this
excellent tuition. He learnt BY degrees
that the explosive syllable dam formed no
necessary part of polite vocabulary. He
also learned how to speak the English Ian
guage with propriety. But the more he
talked to viii about the loss of the Lika-
Lika, the more did the idea rise up in Willis
mind that it would be possible after all to
PROFOUND the testament the Kanaka had
brought from Manihiki. Gradually this
idea took possession of him more and more.
The will had been drawn up, and was as
good as signed; only the fortuitous absence
of pen and ink on the island prevented its
execution. Thorold Ashby had delivered it
verbally to two witnesses, Howe and
Bathurst. Force majeure prevented
the witnesses from signing. Howe
and Bathurst were dead, but here was
Ramaliraliro in evidence to-day, to prove
the chief facts of the case at issue.
Oh, how Will regretted he had wasted so
much valuable time over botany and
How he wished he had DEVOTED himself,
body and soul, to Davey on Wills or to
Smith and Macleod on the Law of Probate!
However, though the Ashbys declared it
was a frivolous and vexatious proceeding,
he got his case on at last before Mr.. Justice
Treeby, and proceeded to argue that Thorold
Ashby, deceased, had practically executed
his testament in Miss Clyde's favor, though,
for lack of materials to write with on the
island, he had never actually signed it. 1t
was a verbal will. As such, it stood on all
fours with viva voce bequests made by
wounded soldier on the field of battle, which
the law of Englan had always recognized
as possessing testamentary validity. The
cases fell at once, Will urged, under the
same general principle
Mr. Justice Treeby, pen poised in hand
judicially, was pleased,with the legal sub
tlety of the way the young counsel set forth
his singular plea, though as matter of law
it was plain that the learned judge was en-
tirely opposed to him. But when Will
Protheroe put forward Ramaliraliro in the
box to support his case expectation in court
stood on tiptoe with interest. So strange a
witness had never before appeared in that
place-a Polynesian heathen, who was only
acquainted with the nature of an oath in the
most colloquial sense, and whose English
was still by far too imperfect to stand sue
cessfully the ordeal of cross-examination.
However, by skillfu1ly leading his saw
age on bit by bit, Will Protheroe succeeded
at last in getting out of the Kanaha (duly
sworn on his own fetish) such coherent ac-
count of the death of the three persons in
volved in the will as at least interested and
amused the Court for some 20 minutes. Ram
aliraliro grew graphic after while,
and proceeded in dumb show, after
his fashion, with a running comment of
words, to explain what he had seen of the
history of the document. He described
how Thorold Ashby had taken the paper in
despair from his pocket; how he had looked
like this, and spoken earnestly in unknown
words to the man Howe at his side; and
how at last he had asked for a stick-just so
to write with.
ga stick?" the learned Judge interposed,
leaning critically forward. tWhat did he
want with the stick, my friend? Show me
Just how he used it,
The Kanaka, nothing 10th, and unabashed
by the dignity of the ermine, took q piece
of paper from Will Protheroe's hand, and
then, with the blunt end of penholder,
went through the pantomimic act of writing
on it, very painfully and carefully. Him
do like that" he said simply. "Him write
so. Him make letters"
'But what did he write with?" the
learned Judge asked again, smiling a cyni-
cal disbelief. The witness proved too much.
"He had no ink, you know, my man; and
there are no letters now to be seen ON the
paper.
The Kanaka looked disturbed. He shook
his head, and touched his brow. Hin pres
ence of mind forsook him. "Him write
with XII, he said at last, after long pause.
''Say XII in Kanaka talk. No say it in En-
glish."
''Oh! he wrote with key" Mr.. Justice
Treeby answered, with still broader smile.
ga most singular implement, certainly
And just now you told us he wrote with
stick, didn't you? Mr.. Protheroe, I'm
afraid this witness of yours won't much avail
your clients contention. He swears too
hard. His notions of truth are too OBJ
viously Polynesian."
A +;+4or 1,-on+ ro,,pd @ba aoprf The Ko
naka raised his head knit his bushy brows,
and glared about him defantly. But, at the
same moment, Will Protheroe clapped his
hand in turn to his own forehead. 1t came
back to him with rush. He saw it all
now Great heavens! and he'd reproached
himself so often these last months for hav-
ing wasted all that time on botany, and
chemistry, and photographic science! Why,
the case was in his hands, and he'd as good
as won it!
'eMy Lord he said suddenly, turning to
the Judge, all flushed, 'this will is signed
duly signed and witnessed I haven't at
present the slightest doubt of it. Ramali-
raliro's words have suggested the truth to
me. beg the Courts leave for very
brief delay. If your Lordship will only i'm
pound the document for the moment, and
allow me 20 minutes to return to my cham
bers, can exhibit it before the Court with
the signatures in proper order. If my
learned friend wishes, he may continue
meanwhile to cross-examine the witness"
Before the 20 minutes were out he was i
back in court again, breathless, but very
triumphant In one hand he carried seri
ous-looking book; in the other, a small vial
of some chemical liquid.
'sMy Lord" he painted, out, jubilant,
twill your Lordship have the goodness to