the plaintiff takes the entire property, and this is the document now propounded. This testamentary document, or, rather, will-for I submit that it is in every sense a properly executed will-is tattooed upon the shoulders "-(sensation in the court)" is tattooed upon the shoulders of a young lady, Miss Augusta Smithers, who will presently be called before your Lordship; and to prevent any misunderstanding, I may as well at once state that since that event this lady has become engaged to be married to the plaintiff-renewed sensation).

"

'Such, my Lord, are the main outlines of the case that I have to present for the consideration of the Court, which I think your Lordship will understand is of so remarkable and unprecedented a nature that I must crave your Lordship's indulgence if I go on to open it at some length, beginning the history at its commencement."

By this time James Short had completely recovered his nerve, and was, indeed, almost oblivious of the fact that there was anybody present in the court except, the learned Judge and himself. Going back to the -beginning he detailed the early history of the relationship between Eustace Meeson and his uncle the publisher, with which this record has nothing to do. Thence he passed to the story of Augusta's relations with the firm of Meeson & Co., which, as nearly everybody in the court, not excepting the Judge, had read "Jemima's Vow," was very interesting to his auditors Then he went on to the scene between Augusta and the publisher, and detailed how Eustace had interfered, which interference had led to a violent quarrel, resulting in the young man's disinheritance. Passing on, he detailed how the publisher and the publishee had taken passages in

the same vessel, and the tragic occurrences which followed, down to Augusta's final rescue and arrival in England, and finally ended his spirited opening by appealing to the Court not to allow its mind to be influenced by the fact that since these events the two chief actors had become engaged to be married, which struck him, he said, as a very fitting climax to so romantic a story.

At last he ceased, and amidst a little buzz of applause --for the speech was really a fine one-sat down. As he did so he glanced at the clock. He had been on his legs for nearly two hours, and yet it seemed to him but a very little while. In another moment he was up again, and had called his first witness-Eustace Meeson.

Eustace's evidence was of a rather formal order, and was necessarily limited to an account of the relations between his uncle and himself, and between himself, and Augusta. Such as it was, however, he gave it very well, and with a complete openness that appeared to produce a favourable impression on the Court.

Then Fiddlestick, Q.C., rose to cross-examine, devoting his efforts to trying to make Eustace admit that his behaviour had been of a nature to amply justify his uncle's conduct. But there was not very much to be made out of it. Eustace detailed all that had passed freely enough, and it simply amounted to the fact, that there had been angry words between the two as regards the treatment that Augusta had met with at the hands of the firm. In short, Fiddlestick could not do anything with him, and after ten minutes of it, sat down without having advanced his case to any appreciable extent. Then several of the other counsel asked a question or two apiece, after which Eustace

was told to stand down and Lady Holmhurst was called. Lady Holmhurst's evidence was very short, merely amounting to the fact that she had seen Augusta's neck on board the Kangaroo, and that there was not then a sign of tattoo marks upon it, and when she saw it again in London it was tattooed. No attempt was made to cross-examine her, and on the termination of her evidence the Court adjourned for lunch. When it reassembled James Short called Augusta, and a murmur of expectation arose from the densely crowded audience as, feeling very faint at heart, but looking more beautiful than ever, she stepped towards the box.

As she did so the Attorney-General rose.

"I must object, my Lord," he said, " on behalf of the defendants, to this witness being allowed to enter the box." "Upon what grounds, Mr. Attorney?" said his Lordship.

Upon the ground that her mouth is, ipso facto, closed. If we are to believe the plaintiff's story, this young lady is herself the will of Jonathan Meeson, and being so is certainly, I submit, not competent to give evidence. There is no precedent for a document giving evidence, and I presume that the witness must be looked upon as a document."

"But, Mr. Attorney," said the Judge, "a document is evidence, and evidence of the best sort."

"Undoubtedly, my Lord; and we have no objection to the document being exhibited for the Court to draw its conclusions from, but we deny that it is entitled to speak in its own explanation. A document is a thing which speaks by its written characters. It cannot take to itself a tongue and speak by word of mouth also;

and in support of this, I may call your Lordship's attention to the general principles of law governing the interpretation of written documents."

"I am quite aware of those principles, Mr. Attorney, and I cannot see that they touch this question."

"As your Lordship pleases. Then I will fall back upon my main contention, that Miss Smithers is, for the purposes of this case, a document, and nothing but a document, and has no more right to open her mouth in support of the plaintiff's case than would any paper will, if it could be miraculously endowed with speech."

'Well," said the Judge, "it certainly strikes me as a novel point. What have you to say to it, Mr. Short?" All eyes were now turned upon James, for it was felt that if the point were decided against him the case was lost. "The point to which I wish you to address yourself, Mr. Short," went on the learned Judge, "is-Is the personality of Miss Smithers so totally lost and merged in what, for want of a better term, I must call her documentary capacity as to take away from her the right to appear before this Court like any other sane human being, and give evidence of events connected with its execution?"

If your Lordship pleases," said James, "I maintain that this is not so. I maintain that the document remains the document; and that for all purposes, including the giving of evidence concerning its execution, Miss Smithers still remains Miss Smithers. It would surely be absurd to argue that because a person has a deed executed upon her she is, ipso facto, incapacitated from giving evidence concerning it, on the mere ground that she is it. Further, such a decision would be contrary to

equity and good policy, for persons cannot so lightly be deprived of their natural rights. Also, in this case, the plaintiff's action would be absolutely put an end to by any such decision, seeing that the signature of Jonathan Meeson and the attesting witnesses to the will could not, of course, be recognised in their tattooed form, and there is no other living person who could depose under what circumstances the signature came to be there. I submit that the objection should be overruled."

"This," said his Lordship, in giving his decision, "is a very curious point, and one which, when first raised by the learned Attorney-General, struck me with some force; but on considering it, and hearing Mr. Short, 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