Graham's Magazine, Vol. XXXIV, No. 2, February 1849Various
General
Graham's Magazine, Vol. XXXIV, No. 2, February 1849
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
Suddenly and privately, Mrs. Henshaw returned to her once loved village.
She had obtained some information by which she hoped to bring truth to
light, for she had never believed that her husband ever made such a will
in favor of Brown. To prove that this will was a forgery was what Loudon
was now to attempt. An action was commenced, and Brown soon had notice
of the warfare now to be carried on against him. He raved and swore, but
he also laid aside his cups, and went to work to meet the storm like a
man in the full consciousness of the justice of his cause. There was
writing and riding, posting and sending writs—for both sides had much
at stake. It was the last hope for the widow. It was the first case for
young Loudon. It was victory or state’s prison for Brown. The community,
one and all took sides with Mrs. Henshaw. If a bias _could_ reach a
jury, it must have been in her favor. Mr. Snapall was engaged for Brown,
and was delighted to find that he had only that “white-faced boy” to
contend with; and the good public felt sorry that the widow had not
selected a man of some age and experience; but then they said, “women
will have their own way.”
The day of trial came on. Great was the excitement to hear the great
“will case,” and every horse in the region was hitched somewhere near
the courthouse.
In rising to open the case, young Loudon was embarrassed; but modesty
always meets with encouragement. The court gave him patient attention,
and soon felt that it was deserved. In a clear, concise, and masterly
manner, he laid open the case just as it stood in his own mind, and
proceeded with the evidence to prove the will to be a forgery. It was
easy to show the character of Brown to be one of great iniquity, and
that for him to do this was only in keeping with that general character.
He attempted to prove that the will could not be genuine, because one of
its witnesses on his death-bed had _confessed_ that it was a forgery,
and that he and his friend had been hired by Brown to testify and swear
to its being genuine. Here he adduced the affidavit of a deceased
witness, taken in full before James Johnson, Esq. Justice of the Peace,
and acknowledged by him. So far all was clear, and when the testimony
closed it seemed clear that the case was won. But when it came Mr.
Snapall’s turn, he demolished all these hopes by proving that though
James Johnson, Esq. had signed himself Justice of the Peace, yet he was
no magistrate, inasmuch as his commission had expired the very day
before he signed the paper, and although he had been re-appointed, yet
he had not been legally _qualified_ to act as a magistrate—that he
might or might not have supposed himself to be qualified to take an
affidavit; and that the law, for very wise reasons, demanded that an
affidavit should be taken only by a sworn magistrate. He was most happy,
he said, to acknowledge the cool assurance of his young brother in the
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