Elinor Wyllys; Or, The Young Folk of Longbridge: A Tale. Volume 2Cooper, Susan Fenimore
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Elinor Wyllys; Or, The Young Folk of Longbridge: A Tale. Volume 2
Cooper, Susan Fenimore
Frontier and pioneer life -- United States -- Fiction; Historical fiction
It was now time for the plaintiff's lawyers to close the trial.
Mr. Clapp wished to speak again, but Mr. Reed took the case
entirely in his own hands; he was evidently firmly convinced of
the identity of his client with William Stanley, and the natural
indignation he felt at the accusations of the defendants, and the
treatment the sailor had received from the executors, gave
unusual warmth to his manner, which was generally calm; it was
remarked that he had never made a stronger speech than on that
occasion. He did not dispute the honesty of the opinions of Mr.
Wyllys and Hazlehurst, but he conceived they had no right to hold
such opinions after examining the testimony in behalf of the
plaintiff. He conceived that the defendant attached an importance
altogether puerile to mere common probability, every-day
probability; how many facts, now proved as clearly as human
evidence can prove, have worn at first an improbable aspect to
many minds! How many legal cases of an improbable nature might be
cited! He would only allude to a few; and here he went over
several remarkable cases on record.
"And yet he would even engage to answer the objections against
his client on this very ground of probability; much had been said
about the volume of the Spectator, but Mr. Hazlehurst could not
swear to having read it at Greatwood four years since; while it
appeared on cross-examination that his brother had the same
edition of that book in Philadelphia, and that Mr. H. was in the
habit of reading his brother's books; it also appeared that other
volumes had been lost from the house at Greatwood in the course
of the last four years. He held it then to be clearly probable;
first, that Mr. H. had not read that identical volume shown at
the interview, but one belonging to his brother; secondly, that
the same volume had not been lost within the last four years;
that others had been lost was certain, but that this volume had
been in the possession of his client for nearly twenty years was
PROBABLE." He went on in the same way to prove the probability of
his client's gait having been changed, like that of other
sailors, by a life at sea; that his whole body had become heavier
and coarser from twenty years' hard work, and change of habits.
He here made Dr. B., the physician who had testified on this
subject, appear in a ridiculous light, by quoting some
unfortunately obscure remarks he had made under
cross-examination.
Public-domain text, read in full here on John Shaqi.
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