Then the learned gentleman continued his cross-examination, directing
all the ingenuity of his practised mind to trying to prove by Augusta’s
admissions, first, that the testator was acting under the undue
influence of herself; and secondly, that when the will was executed he
was _non compos mentis_. To this end he dwelt at great length on every
detail of the events between the tattooing of the will and the death of
the testator on the following day, making as much as was possible out
of the fact that he died in a fit of mania. But do what he would, he
could not shake her evidence upon any material point, and when at last
he sat down James Short felt that his case had not received any serious
blow.
Then a few more questions having been asked in cross-examination by
various other counsel, James rose to re-examine, and, with the object
of rebutting the presumption of the testator’s mental unsoundness, made
Augusta repeat all the details of the confession that the late
publisher had made to her as regards his methods of trading. It was
beautiful to see the fury and horror portrayed upon the countenance of
the choleric Mr. Addison and the cadaverous Mr. Roscoe, when they saw
the most cherished secrets of the customs of the trade, as practised at
Meeson’s, thus paraded in the open light of day, while a dozen
swift-pencilled reporters took every detail down.
Then at last Augusta was told to stand down, which she did thankfully
enough, and Mrs. Thomas, the wife of Captain Thomas, was called. She
proved the finding of Augusta on the island, and that she had seen the
hat of one of the sailors, and the rum-cask two-thirds empty, and also
produced the shell out of which the men had drunk the rum (which shell
the Judge had called Augusta to identify). What was most important,
however, was that she gave the most distinct evidence that she had
herself seen the late Mr. Meeson interred, and identified the body as
that of the late publisher by picking out his photograph from among a
bundle of a dozen that were handed to her. Also she swore that when
Augusta came aboard the whaler the tattoo marks on her back were not
healed.
No cross-examination of the witness worth the name having been
attempted, James called a clerk from the office of the late owners of
the R.M.S. Kangaroo, who produced the roll of the ship, on which the
names of the two sailors, Johnnie Butt and Bill Jones, duly appeared.
This closed the plaintiff’s case, and the Attorney-General at once
proceeded to call his witnesses, reserving his remarks till the
conclusion of the evidence. He had only two witnesses, Mr. Todd, the
lawyer who drew and attested the will of Nov. 10, and his clerk, who
also attested it, and their examination did not take long. In
cross-examination, however, both these witnesses admitted that the
testator was in a great state of passion when he executed the will, and
gave details of the lively scene that then occurred.
Public-domain text, read in full here on John Shaqi.
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