The pioneer express., 1908-06-12


ready" softly informed Mr.. Butter
worth, smiling mildly on his pompous
brother.
Opposing counsel then outlined the
nature Of thes evidence to the surro.
gate, tall, smug-faced man, whose
ears stood out abnormally, as II for.
ever ons the qui vive to drink in the
law. ~9S
The witnesses gave practically the
same testimony. They had seen the
testator at the dinner table when he
was laboring under the delusion that
he was druggist, when he would
wear his skull cap and was all neat.
ness and infinitely precise. They had
seen him when he was the rollicking
miller, when he would wear a wide
brimmed head.piece and was all jol-
lity and served too generously. And
each had also noticed him when he
was neither one nor the other, and
each admitted these last, ordinary
moments were when Miss Tanker was
present.
"And it all would tend to prove"
said Mr.. Butterwcrth in the course of
his summary of the evidence, that
this testator's love for his cousin, my
client, recalled him to the realms of
normality, and it clinches my argu'
ment that insane as he was at times.
there was in his mind a strain Of ra.
tionality that was sufficient, as this
To
him to execute his last will and tesla.
ment. 1t was sufficient to enable him
to fully realize just how he wanted
his small estate to be left, and once
we decide that TO be the fact it
makes no difference to this court if
he were as mad as the proverbial hat
ter at other times and on other
topics.
Therefore, l have omitted to call
any witnesses. My belief was ald.
more strongly than ever, is, that Hi
ram Tanker, weakened in mind as.
suming at times the Galusion he was
a drug clerk, or a miller returned in
the interim to soundness of intel.
lect and was competent to make a
will"
OF course Messrs. Bilker and Fries
man made long arguments to the con-
trary, but at the conclusion Of it al!
the court pursed up q judicial lip and
ruled the instrument should be pro-
bated. AS the estate was not large
enough to warrant a further fight in
appeals, counsel for the contestants
were much disgruntled.
"The more | think of it the more
that case pleased me-" said Mr.. But
terworth, few days later, just after
Bilker had surlily informed us that
no appeal would be taken. 1T was
really interesting to allow their own
witnesses to blaze trail for us
through the testator's mind. On either
side was the morass and swamp of
delusion and incompetency, and yet,
through it all, ran a straight, firm
highway of abiding reason
Miss Tanker to see you, SIR" an.
nounced Jethuel, and our happy client
burst in on us, laden with many ex-
pressions of lively good will for our
services.
After she had exhausted her thanks
and was preparing to depart, she
stopped by the door and concluded: !:
only, wish l could have been a
witness. There were so many things
about Cousin Hiram that l know
would have interested the court They
nj fol oh h 30 -
and miller, but not one of them
seemed to remember that once he
was clerk in the county poor de-
partment"
"Huh!" calculated my chief, ad.
vancing his spectacles to the end of
his nose.
"No, not one of them seemed to re
call it," she repeated. Il suppose |
should have forgotten it, but can al.
ways see just how quiet and grave
and kindly he looked as he sat be.
hind his little counter on one day in
the week, impartially giving to each
county charge fair and decent por-
tion of food. There he'd sit, hair
slicked back. sleeves tucked bit,
cuffs pulled back, and l don't believe
he ever varied an ounce in bread,
onions or potatoes, in all the allow.
ances he made to the different fami.
lies.'
Dear! dear!" sighed the chief, gaz.
ing helplessly at me- "And what day
was it he used to deal out the sup.
plies?"
Always on Thursday" she replied,
brightly.
Hum! Miss Tanker-er-if were
you, I'd not talk any more about this
case, or the decedent. I'm afraid If
you do they'll decide to appeal. Sim.
ply don't mention it," he groaned.
Then he asked: you were there at
the boarding house on what day in the
week."
always on Thursday. That's why
I always think of Cousin Hiram as he
used to look when in the poor depart
ment," she explained.
mo! No! put up your pocket book.
said the chief, firmly, as she began
fumbling in black bag. Il cannot
r u =