"Yes; I suppose so."
"Well, Mr. Attorney," interposed the Judge, "and what if she was?"
"My object, my Lord, was to show that this young lady was not the purely impa.s.sive medium in this matter that my learned friend, Mr. Short, would lead the Court to believe. She was acting from motive."
"Most people do," said the Judge drily. "But it does not follow that the motive was an improper one."
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 reb.u.t.ting 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 sh.e.l.l out of which the men had drunk the rum (which sh.e.l.l 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 b.u.t.t 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 pa.s.sion when he executed the will, and gave details of the lively scene that then occurred.
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 const.i.tute 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 pa.s.sed 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.
Then his Lordship began, and, after giving a masterly summary of the whole case, concluded as follows:--"Such are the details of the most remarkable probate cause that I ever remember to have had brought to my notice, either during my career at the Bar or on the Bench. It will be obvious, as the learned Attorney-General has said, that the whole case really lies between two points. Is the doc.u.ment on the back of Augusta Smithers a sufficient will to carry the property? and, if so, is the unsupported story of that lady as to the execution of the doc.u.ment to be believed? Now, what does the law understand by the term "Will"? Surely it understands some writing that expresses the wish or will of a person as to the disposition of his property after his decease? This writing must be executed with certain formalities; but if it is so executed by a person not labouring under any mental or other disability it is indefeasible, except by the subsequent execution of a fresh testamentary doc.u.ment, or by its destruction or attempted destruction, _animo revocandi_, or by marriage. Subject to these formalities required by the law, the form of the doc.u.ment--provided that its meaning is clear--is immaterial. Now, do the tattoo marks on the back of this lady const.i.tute such a doc.u.ment, and do they convey the true last will or wish of the testator? That is the first point that I have to decide, and I decide it in the affirmative. It is true that it is not usual for testamentary doc.u.ments to be tattooed upon the skin of a human being; but, because it is not usual, it does not follow that a tattooed doc.u.ment is not a valid one. The ninth section of the Statute of 1 Vic., cap. 26, specifies that no will shall be valid unless it shall be in writing; but cannot this tattooing be considered as writing within the meaning of the Act? I am clearly of opinion that it can, if only on the ground that the material used was ink--a natural ink, it is true, that of the cuttle-fish, but still ink; for I may remark that the natural product of the cuttle-fish was at one time largely used in this country for that very purpose.
Further, in reference to this part of the case, it must be borne in mind that the testator was no eccentric being, who from whim or perversity chose this extraordinary method of signifying his wishes as to the disposal of his property. He was a man placed in about as terrible a position as it is possible to conceive. He was, if we are to believe the story of Miss Smithers, most sincerely anxious to revoke a disposition of his property which he now, standing face to face with the greatest issue of this life, recognised to be unjust, and which was certainly contrary to the promptings of nature as experienced by most men. And yet in this terrible strait in which he found himself, and notwithstanding the earnest desire which grew more intense as his vital forces ebbed, he could find absolutely no means of carrying out his wish. At length, however, this plan of tattooing his will upon the living flesh on a younger and stronger person is presented to him, and he eagerly avails himself of it; and the tattooing is duly carried out in his presence and at his desire, and as duly signed and witnessed. Can it be seriously argued that a doc.u.ment so executed does not fulfil the bare requirements of the law? I think that it cannot, and am of opinion that such a doc.u.ment is as much a valid will as though it had been engrossed upon the skin of a sheep, and duly signed and witnessed in the Temple.
"And now I will come to the second point. Is the evidence of Miss Smithers to be believed? First, let us see where it is corroborated. It is clear, from the testimony of Lady Holmhurst, that when on board the ill-fated Kangaroo, Miss Smithers had no tattoo marks upon her shoulders. It is equally clear from the unshaken testimony of Mrs.
Thomas, that when she was rescued by the American whaler, her back was marked with tattooing, then in the healing stage--with tattooing which could not possibly have been inflicted by herself or by the child, who was her sole living companion. It is also proved that there was seen upon the island by Mrs. Thomas the dead body of a man, which she was informed was that of Mr. Meeson, and which she here in court identified by means of a photograph. Also, this same witness produced a sh.e.l.l which she picked up in one of the huts, said to be the sh.e.l.l used by the sailors to drink the rum that led to their destruction; and she swore that she saw a sailor"s hat lying on the sh.o.r.e. Now, all this is corroborative evidence, and of a sort not to be despised. Indeed, as to one point, that of the approximate date of the execution of the tattooing, it is to my mind final. Still, there does remain an enormous amount that must be accepted or not, according as to whether or no credence can be placed in the unsupported testimony of Miss Smithers, for we cannot call on a child so young as the present Lord Holmhurst, to bear witness in a Court of Justice. If Miss Smithers, for instance, is not speaking the truth when she declares that the signature of the testator was tattooed upon her under his immediate direction, or that it was tattooed in the presence of the two sailors, b.u.t.t and Jones, whose signatures were also tattooed in the presence of the testator and of each other--no will at all was executed, and the plaintiff"s case collapses, utterly, since, from the very nature of the facts, evidence as to handwriting would, of course, be useless. Now, I approach the decision of this point after anxious thought and some hesitation. It is not a light thing to set aside a formally executed doc.u.ment such as the will of Nov. 10, upon which the defendants rely, and to entirely alter the devolution of a vast amount of property upon the unsupported testimony of a single witness. It seems to me, however, that there are two tests which the Court can more or less set up as standards, wherewith to measure the truth of the matter. The first of these is the accepted probability of the action of an individual under any given set of circ.u.mstances, as drawn from our common knowledge of human nature; and the second, the behaviour and tone of the witness, both in the box and in the course of circ.u.mstances that led to her appearance there. I will take the last of those two first, and I may as well state, without further delay, that I am convinced of the truth of the story told by Miss Smithers. It would to my mind be impossible for any man, whose intelligence had been trained by years of experience in this and other courts, and whose daily duty it is to discriminate as to the credibility of testimony, to disbelieve the history so circ.u.mstantially detailed in the box by Miss Smithers (Sensation). I watched her demeanour both under examination and cross-examination very closely indeed, and I am convinced that she was telling the absolute truth so far as she knew it.
"And now to come to the second point. It has been suggested, as throwing doubt upon Miss Smithers" story, that the existence of an engagement to marry, between her and the plaintiff, may have prompted her to concoct a monstrous fraud for his benefit; and this is suggested although at the time of the execution of the tattooing no such engagement did, as a matter of fact, exist, or was within measurable distance of the parties.
It did not exist, said the Attorney-General; but the disposing mind existed: in other words, that she was then "in love"--if, notwithstanding Mr. Attorney"s difficulty in defining it, I may use the term with the plaintiff. This may or may not have been the case. There are some things which it is quite beyond the power of any Judge or Jury to decide, and one of them certainly is--at what exact period of her acquaintance with a future husband a young lady"s regard turns into a warmer feeling? But supposing that the Attorney-General is right, and that although she at that moment clearly had no prospect of marrying him, since she had left England to seek her fortune at the Antipodes, the plaintiff was looked upon by this lady with that kind of regard which is supposed to precede the matrimonial contract, the circ.u.mstance, in my mind, tells rather in his favour than against him. For in pa.s.sing I may remark that this young lady has done a thing which is, in its way, little short of heroic; the more so because it has a ludicrous side. She has submitted to an operation which must not only have been painful, but which is and always will be a blot upon her beauty. I am inclined to agree with the Attorney-General when he says that she did not make the sacrifice without a motive, which may have sprung from a keen sense of justice, and of grat.i.tude to the plaintiff for his interference on her behalf, or from a warmer feeling. In either case there is nothing discreditable about it--rather the reverse, in fact; and, taken by itself, there is certainly nothing here to cause me to disbelieve the evidence of Miss Smithers.
"One question only seems to me to remain. Is there anything to show that the testator was not, at the time of the execution of the will, of a sound and disposing mind? and is there anything in his conduct or history to render the hypothesis of his having executed his will so improbable that the Court should take the improbability into account? As to the first point, I can find nothing. Miss Smithers expressly swore that it was not the case; nor was her statement shaken by a very searching cross-examination. She admitted, indeed, that shortly before death he wandered in his mind, and thought that he was surrounded by the shades of authors waiting to be revenged upon him. But it is no uncommon thing for the mind thus to fail at the last, and it is not extraordinary that this dying man should conjure before his brain the shapes of those with some of whom he appears to have dealt harshly during his life. Nor do I consider it in any way impossible that when he felt his end approaching he should have wished to reverse the sentence of his anger, and restore his nephew, whose only offence had been a somewhat indiscreet use of the language of truth, the inheritance to vast wealth of which he had deprived him. Such a course strikes me as being a most natural and proper one, and perfectly in accordance with the first principles of human nature. The whole tale is undoubtedly of a wild and romantic order, and once again ill.u.s.trates the saying that "truth is stranger than fiction."
But I have no choice but to accept the fact that the deceased did, by means of tattooing, carried out by his order, legally execute his true last will in favour of his next-of-kin, Eustace H. Meeson, upon the shoulders of Augusta Smithers, on or about the 22nd day of December, 1885. This being so, I p.r.o.nounce for the will propounded by the plaintiff, and there will be a grant as prayed."
"With costs, my Lord?" asked James, rising.
"No, I am not inclined to go that length. This litigation has arisen through the testator"s own act, and the estate must bear the burden."
"If your Lordship pleases," said James, and sat down.
"Mr. Short," said the Judge, clearing his throat, "I do not often speak in such a sense, but I do feel called upon to compliment you upon the way in which you have, single-handed, conducted this case--in some ways one of the strangest and most important that has ever come before me--having for your opponents so formidable an array of learned gentlemen. The performance would have been creditable to anybody of greater experience and longer years; as it is, I believe it to be unprecedented."
James turned colour, bowed, and sat down, knowing that he was a made man, and that it would be his own fault if his future career at the Bar was not now one of almost unexampled prosperity.
CHAPTER XXII.
ST. GEORGE"S, HANOVER-SQUARE.
The Court broke up in confusion, and Augusta, now that the strain was over, noticed with amus.e.m.e.nt that the dark array of learned counsel who had been fighting with all their strength to win the case of their clients did not seem to be particularly distressed at the reverse that they had suffered, but chatted away gaily as they tied up their papers with sc.r.a.ps of red tape. She did not, perhaps, quite realize that, having done their best and earned their little fees, they did not feel called on to be heart-broken because the Court declined to take the view they were paid to support. But it was a very different matter with Messrs. Addison and Roscoe, who had just seen two millions of money slip from their avaricious grasp. They were rich men already; but that fact did not gild the pill, for the possession of money does not detract from the desire for the acquisition of more. Mr. Addison was purple with fury, and Mr. Roscoe hid his saturnine face in his hands and groaned. Just then the Attorney-General rose, and seeing James Short coming forward to speak to his clients, stopped him, and shook hands with him warmly.
"Let me congratulate you, my dear fellow," he said. "I never saw a case better done. It was a perfect pleasure to me, and I am very glad that the Judge thought fit to compliment you--a most unusual thing, by-the-way. I can only say that I hope that I may have the pleasure of having you as my junior sometimes in the future. By-the-way, if you have no other engagement I wish that you would call round at my chambers to-morrow about twelve."
Mr. Addison, who was close by, overheard this little speech, and a new light broke upon him. With a bound he plunged between James and the Attorney-General.
"I see what it is now," he said, in a voice shaking with wrath, "I"ve been sold! I am a victim to collusion. You"ve had five hundred of my money, confound you!" he shouted, almost shaking his fist in the face of his learned and dignified adviser; "and now you are congratulating this man!" and he pointed his finger at James. "You"ve been bribed to betray me, Sir. You are a rascal! yes, a rascal!"
At this point the learned Attorney-General, forgetting his learning and the exceeding augustness of his position, actually reverted to those first principles of human nature of which the Judge had spoken, and doubled his fist. Indeed, had not Mr. News, utterly aghast at such a sight, rushed up and dragged his infuriated client back, there is no knowing what scandalous thing might not have happened.
But somehow he was got rid of, and everybody melted away, leaving the ushers to go round and collect the blotting-paper and pens which strewed the empty court.
"And now, good people," said Lady Holmhurst, "I think that the best thing that we can do is all to go home and rest before dinner. I ordered it at seven, and it is half-past five. I hope that you will come, too, Mr.
Short, and bring your brother with you; for I am sure that you, both of you, deserve your dinner, if ever anybody did."
And so they all went, and a very jolly dinner they had, as well they might. At last, however, it came to an end, and the legal twins departed, beaming like stars with happiness and champagne. And then Lady Holmhurst departed also, and left Eustace and Augusta alone.
"Life is a queer thing," said Eustace; "here this morning I was a publisher"s reader at 180 a year; and now, to-night, if this verdict holds, it seems that I am one of the wealthiest men in England."
"Yes, dear," said Augusta, "and with all the world at your feet, for life is full of opportunities to the rich. You have a great future before you, Eustace; I really am ashamed to marry so rich a man."
"My darling," he said, putting his arm round her; "whatever I have I owe to you. Do you know there is only one thing that I fear about all this money, if it really comes to us; and that is that you will be so taken up with what pleasure-seeking people call social duties, and the distribution of it, that you will give up your writing. So many women are like that. Whatever ability they have seems to vanish utterly away upon their wedding-day. They say afterwards that they have no time, but I often think it is because they do not choose to make time."
"Yes," answered Augusta; "but then that is because they do not really love their work, whatever it may be. Those who really love their art as I love mine, with heart and soul and strength, will not be so easily checked. Of course, distractions and cares come with marriage; but, on the other hand, if one marries happily, there comes quiet of mind and cessation from that ceaseless restlessness that is so fatal to good work. You need not fear, Eustace; if I can, I will show the world that you have not married a dullard; and if I can"t--why, my dear, it will be because I am one."
"That comes very nicely from the author of "Jemima"s Vow,"" said Eustace, with sarcasm. "Really, my dear, what between your fame as a writer and as the heroine of the shipwreck and of the great will case, I think that I had better take a back seat at once, for I shall certainly be known as the husband of the beautiful and gifted Mrs. Meeson"--
"Oh! no," answered Augusta; "don"t be afraid, n.o.body would dream of speaking slightingly of the owner of two millions of money."
"Well; never mind chaffing about the money," said Eustace; "we haven"t got it yet, for one thing. I have got something to ask you."
"I must be going to bed," said Augusta, firmly.
"No--nonsense!" said Eustace. "You are not going," and he caught her by the arm.
"Unhand me, Sir!" said Augusta, with majesty. "Now what do you want, you silly boy?"
"I want to know if you will marry me next week?"
"Next week? Good gracious! No," said Augusta. "Why I have not got my things, and, for the matter of that, I am sure I don"t know where the money is coming from to pay for them with."
"Things!" said Eustace, with fine contempt. "You managed to live on Kerguelen Land without things, so I don"t see why you can"t get married without them--though, for the matter of that, I will get anything you want in six hours. I never did hear such bosh as women talk about "things." Listen, dear. For Heaven"s sake let"s get married and have a little quiet! I can a.s.sure you that if you don"t, your life won"t be worth having after this. You will be hunted like a wild thing, and interviewed, and painted, and worried to death; whereas, if you get married--well, it will be better for us in a quiet way, you know."