shore. 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, Butt 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 document 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 circumstances, 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 circumstances 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 circumstantially 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