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, 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 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, 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 purposes of law, be taken as already separated, and that the will tattooed on 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 the 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 you." 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 neck. "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." At these ominous words a shudder of disgust passed through the densely packed ranks. It would indeed be hard, they felt, if, after all their striving, they were deprived of the sight of the will; and they stared at her despairingly, to see what she would an swer. "I thank your Lordship," she said, with a little bow; "but there would still be so many left that I do not think it can greatly matter. I hope that everybody will understand my position, and extend their consideration to me." "Very well," said the Judge, and without further ado she took off the cloak, and the silk handkerchief beneath it, and stood before the court dressed in a low black dress. "I am afraid that I must ask you to come up here," said his Lordship. Accordingly she walked round, mounted the bench, and turned her back to the Judge, in order that he might examine what was written on it. This he did very carefully with the aid of a magnifying-glass, referring now and again to the photographic copy which Doctor Probate had filed in the Registry. "Thank you," he said presently; "that will do. I am afraid that the learned counsel below will wish to have an opportunity of inspection." So Augusta had to descend and slowly walk along the ranks, stopping before every learned leader to be carefully examined, while hundreds of eager eyes in the background were fixed upon her unfortunate neck. However, at last it came to an end. "That will do, Miss Smithers," said the Judge, for whose consideration she felt deeply grateful; "you can put on your cloak again now." Accordingly she did so, and re-entered the box. "The document which you have just shown the Court, Miss Smithers," said James, "is the one which was executed upon you in Kerguelen Land on or about the 22nd day of December last year?" "It is." "It was, I understand, executed in the presence of the testator and the two attesting witnesses, all three being present together, and the signature of each being tattooed in the presence of the other?" "It was." "Was the testator, so far as you could judge, at the time of the dictation and execution of the will, of sound mind, memory, and understanding?" |