Inheritance and succession -- Fiction; Marriage -- Fiction
The rule, "to show cause," was retorted to by sundry pleas, the first of
which averred never indebtedness, and the others that the plaintiff,
Allynne Markworth, had coerced the said Susan Hartshorne, falsely termed
Susan Markworth, on whose behalf the trust money was claimed, which
claim was null and void, and without foundation in the eyes of the law,
inasmuch as the said plaintiff "had entered into a conspiracy to obtain
the money of a person of unsound mind, under the pretence of going
through a marriage ceremony with a person who, in the eye of the law,
could not make a binding contract."
These pleas were replicated, and the whole thing resolved itself into a
formal case at law--a very important case of medical jurisprudence,
wherein the evidence for the defence was to impeach the sanity of the
plaintiffs principal witness.
Everything was at length arranged. The preliminaries of the combat were
all settled, and counsel were engaged on either side. The foemen were
eager for the fray, a day was fixed for the trial, late in the
Michaelmas term, and on the day of battle appointed, the lists would be
lined by the partisans of the respectives combatants, who would then
enter the arena with visors closed and lances couched--visors of legal
dust with which to blind their opponent's eyes, and not to save their
own, and lances of parchment briefs with substantial butts of strong
witnesses--to fight the be-wigged and be-gowned battle until either foe
should fall. When "God defend the right," or in the more colloquial
language of the prize ring, "may the best man win."
The case of "Markworth _versus_ Hartshorne" created an immense sensation
in legal circles when it was known that a day had been appointed for
giving it a hearing.
The issues involved were very intricate; and, as in most cases based on
a point of lunacy, the sympathy of the public, who, as yet, knew nothing
reliable about the matter, was in favour of Markworth and his wife, the
latter of whom would be, it was said, produced in court to testify her
own sanity at the time she married the plaintiff.
The whole case, in fact, rested upon this point--whether the marriage
was a real marriage or not--that is to say, whether Susan Hartshorne was
sane or insane at the time she ran away with Markworth. If she was in
her right senses at the time, then the marriage was _bona fide_, and the
old dowager would have to hand over the nice little amount of her
daughter's inheritance that was due; if Susan was proved to be imbecile,
then the marriage would be void, the dowager would still retain her hold
of the twenty thousand pounds, and Markworth be indictable for
conspiracy.
It was a civil suit, so to speak, based on criminal ends; so it would go
worse with the plaintiff than the defendant should his case fall
through.
Public-domain text, read in full here on John Shaqi.
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