All eyes were now turned upon James, for it was felt that if the point
was decided against him the case was lost.
“The point to which I wish you to address yourself, Mr. Short,” went on
the learned Judge, “is—Is the personality of Miss Smithers so totally
lost and merged in what, for want of a better term I must call her
documentary capacity, as to take away from her the right to appear
before this Court like any other sane human being, and give evidence of
events connected with its execution?”
“If your Lordship pleases,” said James, “I maintain that this is not
so. I maintain that the document remains the document; and that for all
purposes, including the giving of evidence concerning its execution,
Miss Smithers still remains Miss Smithers. It would surely be absurd to
argue that because a person has a deed executed upon her she was, _ipso
facto_, incapacitated from giving evidence concerning it, on the mere
ground that she was _it_. Further, such a decision would be contrary to
equity and good policy, for persons could not so lightly be deprived of
their natural rights. Also, in this case, the plaintiff’s action would
be absolutely put an end to by any such decision, seeing that the
signature of Jonathan Meeson and the attesting witnesses to the will
could not, of course, be recognised in their tattooed form, and there
is no other living person who could depose under what circumstances the
signature came to be there. I submit that the objection should be
overruled.”
“This,” said his Lordship, in giving his decision, “is a very curious
point, and one which, when first raised by the learned
Attorney-General, struck me with some force; but, on considering it and
hearing Mr. Short, I am convinced that it is an objection that cannot
be supported” (here Eustace gave a sigh of relief). “It is argued on
the part of the defendant that Miss Smithers is, for the purposes of
this case a document, a document, and nothing but a document, and as
such that her mouth is shut. Now, I think that the learned
Attorney-General cannot have thought this matter out when he came to
that conclusion. What are the circumstances? A will is supposed to have
been tattooed upon this lady’s skin; but is the skin the whole person?
Does not the intelligence remain, and the individuality? I think that I
can put what I mean more clearly by means of an illustration. Let us
suppose that I were to uphold the defendant’s objection, and that, as a
consequence, the plaintiff’s case were to break down. Then let us
suppose that the plaintiff had persuaded the witness to be partially
skinned”—(here Augusta nearly jumped from her seat)—“and that she,
having survived the operation, was again tendered to the court as a
witness, would the Court then be able, under any possibility, to refuse
to accept her evidence? The document, in the form of human parchment,
would then be in the hands of the officers of the Court, and the person
Public-domain text, read in full here on John Shaqi.
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