The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1895-11-06


his rider to the ground and falling
heavily upon him. He was taken up
insensible, and carried to the nearest
house. A physician was called, who
pronounced the injuries OF a most seri-
ous character.
AS soon rs consciousness returned
he dispatched messenger for a
nephew of his, lawyer of not very
good repute, residing in O neighbor-
ing town.
Whe jackson, the nephew, arrived,
he was left alone with his uncle at the
latter's request. At the end Of an
hour the doctor was summoned and
requested by Mr.. Andrews to note his
signature to q paper, to which he then
affixed his name, declaring it TO be his
will
On his nephew's suggestion that an
other witness was requisite, Mr.. An
drews named MACPHERSON, a Scotch
man, and requested the doctor to send
him in.
MACPHERSON, it seems, had been sent
on some errand but as soon as he re-
turned the doctor communicated Mr..
Andrews's message, and went himself to
attend a sick call in the neighborhood,
not deeming his presence there i'm
mediately Unnecessary.
When he came back he was aston
ished to find his patient dead.
By the will, which was published
some days after his death, the entirety
of his property was devised to his
nephew, who had attended him in his
last illness. Everything was in due
form. True, MaoPherson, one of the
witnesses, pursuant to previous in
tention, had sailed for Scotland short
ly after the funeral, and was not pres
ent before the Judge of Probate. But
his handwriting was proved, and the
evidence of the remaining witness was
quite satisfactory.
Poor Effie's grief, when she received
the intelligence of her fathers death,
was too profound to be deepened by
the news of her own disinheritance.
Under all the circumstances, one
would have thought that the young
husband would have been unremitting
in tenderness and sympathy toward
his sorrowing bride, who had sacri-
feed so much for his sake. And so he
would, had he loved her, but de did
not.
The fact is, his whole heart and
soul and mind we're occupied with a
previous attaclment-not for another /;
the farthest possible from that-its
object was himself. This affection,
which was of the most ardent descrip-
tion, had met with blighting disap-
pointment in his wife's loss of fortune;
and with her unceasing grief and
continued elf-accusation-she offered
no reproaches to him-he had but lit
tie patience, and soon gave her to un-
derstand as much.
At length he was found dead in his
bed one morning, after a night of ca
rousal.
Eliie's cousin, instead of making any
provision for her whose rights he had
most unrighteously supplanted, left
her wholly dependent on others, and
had she not found home in the
house of an old friend of her father,
she might have gone shelterless.
Tom Mansfield, who had casually
made the acquaintance of the young
widow, became warmly interested in
her cause, and, guided probably more
by sympathy than judgment, had COM
menced an action to contest the will.
And this was the case in which he
wished my assistance.
We sat up nearly all night in con-
sultation. There was a point which
we both thought "beautifup' one,
and we devoted our principal efforts
to strengthening it.
Ours was the first case on in the
morning. Arrayed against us were
three of the oldest and ablest practi-
tioners of the circuit. jackson had
plenty of money now, and was himself
no fool in quitting up" case.
felt not a little nervous. 1t was
my first case of any Importance.
My courage revived little when
our client came in, escorted by Tom,
who introduced mo as his associate,
and handed her to seat near our
table.
Almost Immediately the trial began.
The evidence varied but little from
the facts already detailed. The at
tending physician was very decided IN
his opinion that the testator, at the
time of signing the paper in question,
was in the full possession of his mental
faculties.
The signature of the absent witness
was sworn to by Mr.. Jackson himself,
who further testified that the deceased
had requested MACPHERSON to witness
the instrument, at the same time de-
claring it to be his will.
At Toms instance 1 subjected this
witness to searching cross s-examina-
tiou, but he stood fire like a sala-
mander. He swore that the testator
had not only dictated every line of
the will, but had heard it read, and
had twice read it over himself, before
executing it. gave him up IN des-
pair.
At length the evidence closed, and
1 rose to present our point.
1t was put in the shape of motion
to direct verdict for the contestant,
on the ground that the witnesses had
not subscribed in the presence of each
other.
I was about to adduce arguments
and authorities. when the judge inteE-
posed;
"The rule you claim undoubtedly
was the law, and should be so still,
4. Il. I L