Year: 1864



 3 We were boys then

 tAye-it was near twenty years ago. sait ) Fred; but I remember it very we'll, for I re- } member how badly it made my mother feel The entrangement lasteds,for some years an5 during that time the bitterness was yer, , strong. My uncle declared that he would have nothing more to do with his brother; and un- der the influence of his feeling he made a vii conveying the great bulk of his property te Staffer. the son of his sisters husband. Ycu remember that?'

 Yes said. And 1 did remember it very we'll for the thing made considerable talk al the time, and more so, because Staffer, who had married Timothy Elliots sister, had not been considered much of man, and it was not generally supposed that the boy whom he had left upon the care of his wife s relative gave any promise of valuable life.

 And pursued Fred, you probably recol- lGct when my father was very sick uncle limo thy came to him, and tue quarrel was thrown away, and from that time while my father lived their brotherly love was warm and generous.

 Yes l know all that

 Well. at that time my uncle spoke of the will he had made, and said he should destroy it; and l believed he did know it as we'll as l know anything which did not see with my own eyes. Before my uncle died he told me that he should make no will, for there was no need of 1t. He suid l Was the only lawful heir and that was enough

 My uncle died and I came into possession of the property aud I have enjoyed it, and have tried to do good with it and as the years 1 have passed on 1 have added something to the original fortune. for l have been careful and prudent. In a dark hour. however, storm o1o at first; but it proved to be fearful one. J ohn Stafer has returned. He went away ten years ago-went away because my uncle would not give him home any longer-and has not been back since until within the last year. He has come, and he has laid claim to my pro- perty. He claims the whole of it.

 But how ? l asked, as my friend stopped to take breath.

 You remember Stephen Ackers, the old law yer ? said Fred.

 Ave- l replied, know him very well.

 He has been out West, and has done some business there; but he cannot do more when he is known, for he has proved himself will lain.'

 Ha-do you know it. But what has that to do with you now?'

 'Tll tell you. In the first place. he used to do business here, and my uncle employed him some.

 And it was he who made the old will for my uncle.'

 Yes reccllect it now' Well! continued Fred, this old villain of a lawyer came back here about six months ago, i and ere long he and John Statf4r came out aud laid claim kmy uncle's property and when asked what he meant lie produced a paper which appeared to be the last will and testa- ment of Timoth; Elliott. And stephen Ackers swears that this-is the saine vii! which my uncle made many years ago, and that it has been in his charge ever since. He says that when he went away to the Western country he overlooked it amoug his other papers rand took it along with him, He furthermore declares that he received several letters from Mr. Elliot, asking him to be careful of the will, and keep it 50 that it could be brought to light in case of neel.'

 Of course,' said I, this will must be a fraudulent one.'

 Most certainly it is, returned Fred.

 And yet it has been admitted to Probate. The Judge has accepted it.

 I have appealed and it goes to the Su- preme Court; and, moreover, the trial comes of tomorrow. For myself, Enoch-if I were alone in the world-1 would care little, for could put forth my energies anew but for my wife and children, oh, oh it is hard, hard 7 1 He buried his face in his hands and wept aloud; but in little he became calm again, and 1 questioned him as 1 saw fit. Another witness to the will beside Stepen Ackers was living, and he had testified that he believed the instrument now produced was the one to which he had put his name. In short the case looked dark enough and dure not give my friend much hope. Yet promised to think of the matter, and be present with him at the trial.

 On the following morning got away as soon as could, for l could not bear to witness Hat ties grief; and, as held her hand at the door, told her to keep up good heart.

 An uncle of mine named ,Ansel Forbes, a brother of my mother, was in town on busi- ness, and 1 meant to sec him. He was pa per manufacturer, and worth handsome pro perty. found him at the hotel, and passed a happy hour with him for had been his pet that went through college. I told him about the trial that was coming of, and he said he meant to be present if he could. He had been we'll acquainted with Timothy Elliot, and he was firmly convinced that the only will which Elliot had ever made had been destroyed. When the hour of trisl arrived it was an nounced that I should assist in the case. I took my seat with the counsel already engap- ed. As the trial went on it certainly did look dark enough for my friend. Stephen Ackers a dark Drowned, fozy looking man, with hail of grizzsd red, which stood out like hedge hogs quills upon his small head, swore that this will was the will which he, as Timothy Elliot's attorney, had made eighteen years be- fore, and that it had been in his possession ever since, until he had lodged it in the Pro- bate office. And lie also s~ ore to the receiv- ing of letters from Elliot bidding him to keer the will safe. There was no getting round hi: testimony. It was plain and direct, and he could not break through it. , An old man named Johnson, who had been one of the witnesses to the old will, testified that he believed the instrument now befor, him was the one to which he had put his hand He should say that was his own signature . He was an honest old fellow, and admitted r that he had always supposed that the will hat } been destroyed.

 5 For our client we as yet had nothing O ? clear plain facts to help us. We had an, amount of impressions and opinions in ou I favor. It had been the impression of al Timothy Elliot's intimate friends that the vii 8 which he had made had been destroyed. HI r had talked to them in that way, And vet 10 f one of them could swear that they ever hear

 him say directly that such was the fact. | A short though the belief in the destrpo+;or q