“My lord,” exclaimed the opposing counsel, “this is really insufferable!”

His lordship, however, did not interpose; and I went on to relate, in the most telling manner of which I was capable, the history of the deceased Mrs. Thorndyke’s first and second marriages; the harmony and happiness of the first—­the wretchedness and cruelty which characterized the second.  I narrated also the dying words of Mrs. Thorndyke to her daughter, though repeatedly interrupted by the defendant’s counsel, who manifested great indignation that a statement unsusceptible of legal proof should be addressed to the court and jury.  My address concluded, I put in James Woodley’s will; and, as the opposing counsel did not dispute its validity, nor require proof of Mary Woodley’s identity, I intimated that the plaintiff’s case was closed.

The speech for the defendant was calm and guarded.  It threw, or rather attempted to throw, discredit on the death-bed “fiction,” got up, Mr. P ——­ said, simply with a view to effect; and he concluded by averring that he should be able to establish the genuineness of the will of Ellen Thorndyke, now produced, by irresistible evidence.  That done, however much the jury might wish the property had been otherwise disposed of, they would of course return a verdict in accordance with their oaths and the law of the land.

The first witness called was Thomas Headley, a smith, residing near Dale Farm.  He swore positively that the late Mrs. Thorndyke, whom he knew well, had cheerfully signed the will now produced, after it had been deliberately read over to her by her husband about a fortnight before her death.  Silas Thorndyke, John Cummins, Elizabeth Wareing, and witness, were the only persons present.  Mrs. Thorndyke expressed confidence that her husband would provide for Mary Woodley.

“And so I will,” said sleek Silas, rising up and looking round upon the auditory.  “If she will return, I will be a father to her.”

No look, no sound of sympathy or approval, greeted this generous declaration, and he sat down again not a little disconcerted.

I asked this burly, half-drunken witness but one question—­“When is your marriage with Rebecca Thorndyke, the defendant’s eldest daughter, to be celebrated?”

“I don’t know, Mr. Lawyer; perhaps never.”

“That will do; you can go down.”

Mr. P ——­ now rose to state that his client was unable to produce Elizabeth Wareing, another of the attesting witnesses to the will, in court.  No suspicion that any opposition to the solemn testament made by the deceased Mrs. Thorndyke would be attempted, had been entertained; and the woman, unaware that her testimony would be required, had left that part of the country.  Every effort had been made by the defendant to discover her abode without effect.  It was believed she had gone to America, where she had relatives.  The defendant had filed an affidavit setting forth these facts, and it was now prayed that secondary evidence to establish the genuineness of Elizabeth Wareing’s attesting signature should be admitted.