from whom the parchment had been removed, would also be before the
Court. Could it be still maintained that the two were so identical and
inseparable that the disabilities attaching to a document must
necessarily attach to the person? In my opinion, certainly not. Or, to
take another case, let us suppose that the will had been tattooed upon
the leg of a person, and, under similar circumstances, the leg were cut
off and produced before the Court, either in a flesh or a mummified
condition; could it then be seriously advanced that because the
inscribed leg—standing on the table before the Court—had once belonged
to the witness sitting in the witness-box, therefore it was not
competent for the witness to give evidence on account of his or her
documentary attributes? Certainly it could not. Therefore, it seems to
me that that which is separable must, for the purpose of law, be taken
as already separated, and that the will on the back of this witness
must be looked upon as though it were in the hands at this moment, of
the officers of the Court, and consequently I overrule the objection.”
“Will your Lordship take a note of your Lordship’s decision?” asked the
Attorney-General in view of an appeal.
“Certainly, Mr. Attorney. Let this witness be sworn.”
CHAPTER XXI.
GRANT AS PRAYED.
Accordingly, Augusta was sworn, and Eustace observed that when she
removed her veil to kiss the Book the sight of her sweet face produced
no small effect upon the crowded court.
Then James began his examination in chief, and, following the lines
which he had laid down in his opening speech, led her slowly, whilst
allowing her to tell her own story as much as possible, to the time of
the tattooing of the will on Kerguelen Land. All along, the history had
evidently interested everybody in the court—not excepting the
Judge—intensely; but now the excitement rose to boiling point.
“Well,” said James, “tell his Lordship exactly how it came to pass that
the will of Mr. Meeson was tattooed upon your shoulders.”
In quiet but dramatic language Augusta accordingly narrated every
detail, from the time when Meeson confided to her his remorse at having
disinherited his nephew up to the execution of the will at her
suggestion by the sailor upon her own shoulders.
“And now, Miss Smithers,” said James, when she had done, “I am very
sorry to have to do so; but I must ask you to exhibit the document to
the Court.”
Poor Augusta coloured and her eyes filled with tears, as she slowly
undid the dust-cloak which hid her shoulders (for, of course, she had
come in low dress). The Judge, looking up sharply, observed her natural
distress.
“If you prefer it, Miss Smithers,” said his Lordship, courteously, “I
will order the court to be cleared of every-one except those who are
actually engaged in the case.”
Public-domain text, read in full here on John Shaqi.
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