Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1898-09-22

son his mind against his nephew and
natural heir, Stephen.
Hirst and his wife We're, of course,
the principal witnesses relied upon 70
testify as to the bironet'e mental con.
diticn: and, mindful of Stephens warn
ing. they stuck TO the same story dog
gedly. They had hccn fifteen years or
moro in Sir Derek's service. and dur
ing the past three years had been al
most his sole attendants.
Always a mar of uncertain habits
and eccentric behavior. lie had gradu-
ally become IL victim to various forms
of mania. In the belief that the old
family legend was literally trust
worthy. he had. for a lengthy period,
remained entirely in bed. Then, un-
der the impulse of some fresh delusion,
he Insisted Rpon being dressed and I'M
dressed. and redressed every few
hours. At times he would talk volu-
bly, for hours. Then he would remain
taciturn and sulky for weeks.
This went ON until an emissary Of
the defendant, Lady Deane, surrepti-
tioasly obtained access To him; where
upon he accompanied this emissary-
n Norris-to London, and very short
" afterwards married defendant. Al
together the Hirsts told their story
very well; and although Hirst's repu-
tation AZ a faithful steward suffered
heavily under cross-examination, the
weight OF their evidence was not mate
rally diminished.
The bold course WAS taken Of calling
Joseph Norris to repeat the substance
of his first interview with Sir Derek.
He did so, fairly enough, but with very
pointed reference TO the old baronet's
natural Indignation at having been
kept in the dark as TO the circum-
stances attending his sons death.
Then you think that this reticence on
Mr.. Stephen Deane's part irritated Sir
Dcrek against his nephew" demanded
| Stephens counsel.
"Yes,' replied Joe, 'of course it did"
"Oh. YES, of course" snecred the ..
G.. from your point of view. The
hrotlierly wish TO shield his brother
Oscar was a serious crime, was 1t not?
80. But you are clerk to the solicitors
for the defense, are you not?"
Yes"
''Of course. That will do, Mr.. Nor
! ris. thank you"
This. briefly, was the case for the
plaintiff. his counsel relying. for the
rest. upon cross-cxamining the wit
ncsses for the defense. There had been
u difference of opinion between Ste
phen and his experienced advocate as
to the expediency. or otherwise, of
bringing forward the subject OF the
mock marriage; AMI the Q. G. had car
red his point to say nothing about IL.
II n a ticklish matter, he averred.
to bring before a jury; and although
IL would doubtless suggest malicious
motive upon Lady Deane's part. il
would ALLEVIATE sympathy. III the de-
Tense chose TO drag it forth, well and
good. They would belittle it as much
rs possible. But he preferred leaving
the onus to the other side.
The line taken by the defense was,
primarily, to disprove entirely all that
had been alleged by the Hirsts with re-
spect to Sir Derek's condition of intel
lect. The character of the man. Hirst,
had. urged counsel, suffered to the van
ishing point under cross-examination,
and his wife's echo was a mere echo
of his. They had both been privy TO
Stephen Deane's design of keeping n
| true account of young Derck's death
| from his fathers ears, and they had,
In the face of the entire household,
| treated Stephen as their master. They
We're. i'm short, merely his tools, and
had come into court prepared; before
nand with their lesson.
AS against this more than doubtful
testim ony. he would call witnesses of
unimpeachable standing and credibili-
ty-thc Dean of chichester, one of the
partners in Sir Dcrek's bank. n we'll
known physician, several eminent So
licitors, and others-who would prove
that, at the time OF making this will,
the venerable baronet was In the en-
joymeIt Of unclouded mental vigor.
Next as to the reasons which led to
the disinheriting of both his nephews.
/ it must be borne in mind that the elder
of. these. Oscar tsince dead1 had been
found guilty of the ma%nslaughter of
young Derek Deane, and that this fact
had been kept from the fathers know
ledge, by order of the plaintiff in this
suit.
My learned friend upon the other
side" he remarked, processes to re
gard this as a praiseworthy instance
of b~rctherly affection. That is n matter
Of opinion. Most fathers would
certainly not so have regarded II, and
we have Il, from the witness Norris,
that IL angered Sir Derek greatly. But
there was something which angered
him still more-something that has
not yet been mentioned. something
which my learned friend has seen lit
To leave in the background. but which
l deem it right and proper to drag
forth into the light OF day"
What this mysterious something
was became known when-the wit
nesses as TO Sir Dcrek's mental state
/ having been examined and cross-exam-
ined and badgered gencraliy-Laty
Deane's name was called, and Alice en-
tered the witness-box. She was dressed
I'm deep mourning, but she had wisely
eschewed widows weeds, as being. un-
der the circumstances of her marriage,
an exaggerated parade OF. grief.
In the hands of her tactful advocate,
she told, her story very simply and very
tellingly, from Stephens first avowal
of his love and their clandestine union
70 his final avowal OF his treachery at
the Brixton lodgings.
you swear that. up to that moment,