Then the Attorney-General rose to address the Court for the defendants.
He said there were two questions before the Court, reserving, for the
present, the question as to the admissibility of the evidence of
Augusta Smithers; and those were—first, did the tattoo marks upon the
lady’s neck constitute a will at all? and secondly, supposing that they
did, was it proved to the satisfaction of the Court that these undated
marks were duly executed by a sane and uninfluenced man, in the
presence of the witnesses, as required by the statute. He maintained,
in the first place, that these marks were no will within the meaning of
the statute; but, feeling that he was not on very sound ground on this
point, quickly passed on to the other aspects of the case. With much
force and ability he dwelt upon the strangeness of the whole story, and
how it rested solely upon the evidence of one witness, Augusta
Smithers. It was only if the Court accepted her evidence as it stood
that it could come to the conclusion that the will was executed at all,
or, indeed, that the two attesting witnesses were on the island at all.
Considering the relations which existed between this witness and the
plaintiff, was the Court prepared to accept her evidence in this
unreserved way? Was it prepared to decide that this will, in favour of
a man with whom the testator had violently quarrelled, and had
disinherited in consequence of that quarrel, was not, if indeed it was
executed at all, extorted by this lady from a weak and dying, and
possibly a deranged, man? and with this question the learned gentleman
sat down.
He was followed briefly by the Solicitor-General and Mr. Fiddlestick;
but though they talked fluently enough, addressing themselves to
various minor points, they had nothing fresh of interest to adduce, and
finishing at half-past three, James rose to reply on the whole case on
behalf of the plaintiff.
There was a moment’s pause while he was arranging his notes, and then,
just as he was about to begin, the Judge said quietly, “Thank you, Mr.
Short, I do not think that I need trouble you,” and James sat down with
a gasp, for he knew that the cause was won.
Public-domain text, read in full here on John Shaqi.
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