The way in which the "t" was crossed was, however, the most convincing
piece of evidence. It was shown that Nuttall's habit was usually to leave
the "t" uncrossed, or when he did cross it to do so completely. On the
other hand, Else generally made a half-cross to the "t's." In the will
written by the testator there were no half-crossings, whereas in the
interlineation and the codicils the half-crossed "t's" predominated. This
difference was also brought out in a large number of the letters of the
deceased and of Else, which were shown to the jury.
After the verdict had been given against them the plaintiffs attempted,
though without success, to obtain yet another trial of the case.
* * * * *
One of the most remarkable trials for forgery that has taken place in this
country was the outcome of the famous Whalley will case, which occupied
the attention of the courts for three years in the early eighties.
James Whalley, whose fortune was in dispute, died in 1881 leaving £60,000.
He had been a reserved man with a touch of eccentricity, and parsimonious
habits, and in spite of his wealth had lived for many years in bare
lodgings in the house of a railway porter named Thomas, at Leominster.
On several occasions he had expressed his intention of leaving his money
to a man named Priestman, who though at the time unaware of the truth, was
in fact his natural son; and there was convincing evidence to show that he
had made a will on blue paper to that effect.
After his death, however, no such will could be found, whereas Thomas, the
railway porter, produced a will on white paper, in which the bulk of the
fortune was left to him.
Certain suspicious circumstances led Whalley's next of kin to challenge
the genuineness of the will, and though as yet there was no suggestion of
forgery, it was urged that the signature had been obtained by some trick.
After some time a compromise was made, and it was arranged that Thomas
should have £17,000 and that the remainder of the money should be divided
between Priestman and Whalley's relatives. The will was proved on this
understanding.
Here the matter might have ended had it not been for an act of folly upon
the part of Thomas.
Priestman invited his solicitor and some friends to come to Leominster to
celebrate the occasion, and on their way from the station the carriage
drove past the house where Whalley had lived.
As it passed by Thomas stood at the window flourishing a piece of blue
paper.
The solicitor, seeing this, jumped to the conclusion that this paper was
the "blue will," which Thomas was flourishing out of bravado, to show that
he had beaten them. This led him to make further inquiries, which finally
resulted in his concluding that the "white will" was a forgery.
As the Court of Chancery regarded the question as one to be decided by a
jury the case was tried in the Queen's Bench Division, eminent counsel
being engaged on each side.
Public-domain text, read in full here on John Shaqi.
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