Graham's Magazine, Vol. XXXVII, No. 1, July 1850Various
General
Graham's Magazine, Vol. XXXVII, No. 1, July 1850
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
“I beg your honor’s pardon,” said one of the leading members of the bar,
whose services Witherman had secured, and who acted under his
instructions, and in perfect good faith; “our defense shall be brief,
but I hope decisive.”
He then proceeded, to Burton’s utter amazement, to declare that he was
prepared to prove, that Mr. Parkett, on his daughter’s marriage, had
settled property on her far exceeding in value that which was now in
controversy. That the settlement had been drawn by a member of the bar,
now dead, and was recently found among his papers, duly signed, sealed
and witnessed; that Mr. Parkett had been reputed a man of wealth, and
yet, to the surprise of every body, died poor. Here, then, was the
explanation of this great wonder. He and the present plaintiff alone
knew that the property now in controversy was entailed. He might,
therefore, sell it for its full value, and yet, on his death, it would
pass by descent to his daughter. It was necessary, however, that he
should leave no property behind him; for if his daughter should receive
_other_ property of equal value from him, it would bar her claim to
this. His other property was, therefore, clandestinely conveyed to her,
and he died apparently without possessing any.
Fully believing this statement, as he did, the learned counsel followed
it up with a stream of burning invective. Turning upon Burton, he
scourged him with a whip of scorpions. He represented him as the
contriver and adviser of the infamous project, and the recipient of all
the benefits, if it should be successfully accomplished. Being perfectly
honest and sincere, he believed that in covering Burton with infamy, he
was only vindicating the honor of his profession. The evidence which
Witherman had put into his hands was then produced. The hand-writings of
Parkett and of the subscribing witness, were satisfactorily proved by
several unexceptionable witnesses, who, as is usual in such cases, were
as positive as if they had seen the names written. The manner in which
the paper had been found, and many other circumstances, so strongly
corroborated this view of the subject, that the opinions of all present
were soon reversed; and Burton, whom they had lately considered a
wronged and persecuted man, now stood before them a sordid villain,
baffled and unmasked. The judge indulged in some sharp reflections on
the iniquity of the plaintiff’s claim, and the jury promptly and
indignantly rejected it. Witherman had kept his promise, and Lander was
again triumphant.
Public-domain text, read in full here on John Shaqi.
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