The twins simultaneously rose from their chairs, and looked at Eustace with such a ridiculous identity of movement and expression that he fairly burst out laughing.
“I presume, Meeson, that this is not a hoax,” said James, severely. “I presume that you know too well what is due to learned counsel to attempt to make one of their body the victim of a practical joke?”
“Surely, Meeson,” added John, “you have sufficient respect for the dignity of the law not to tamper with it in any such way as my brother has indicated?”
“Oh, certainly not. I assure you it is all square. It is a true bill, or rather a true will.”
“Proceed,” said James, resuming his seat. “This is evidently a case of an unusual nature.”
“You are right there, old boy,” said Eustace. “And now, just listen,” and he proceeded to unfold his moving tale with much point and emphasis.
When he had finished John looked at James rather helplessly. The case was beyond him. But James was equal to the occasion. He had mastered that first great axiom which every young barrister should lay to heart—“Never appear to be ignorant.”
“This case,” he said, as though he were giving judgment, “is, doubtless, of a remarkable nature, and I cannot at the moment lay my hand upon any authority bearing on the point—if, indeed, any such are to be found. But I speak off-hand, and must not be held too closely to the obiter dictum of a viva voce opinion. It seems to me that, notwithstanding its peculiar idiosyncrasies, and the various ‘cruces’ that it presents, it will, upon closer examination, be found to fall within those general laws that govern the legal course of testamentary disposition. If I remember aright—I speak off-hand—the Act of 1. Vic., cap. 26, specifies that a will shall be in writing, and tattooing may fairly be defined as a rude variety of writing. It is, I admit, usual that writing should be done on paper or parchment, but I have no doubt that the young lady’s skin, if carefully removed and dried, would make excellent parchment. At present, therefore, it is parchment in its green stage, and perfectly available for writing purposes.
“To continue. It appears—I am taking Mr. Meeson’s statement as being perfectly accurate—that the will was properly and duly executed by the testator, or rather by the person who tattooed in his presence and at his command: a form of signature which is very well covered by the section of the Act of 1. Vic., cap. 26. It seems, too, that the witnesses attested in the presence of each other and of the testator. It is true that there was no attestation clause: but the supposed necessity for an attestation clause is one of those fallacies of the lay mind which, perhaps, cluster more frequently and with a greater persistence round questions connected with testamentary disposition than those of any other branch of the law. Therefore, we must take the will to have been properly executed in accordance with the spirit of the statute.
“And now we come to what at present strikes me as the crux. The will is undated. Does that invalidate it? I answer with confidence, no. And mark: evidence—that of Lady Holmhurst—can be produced that this will did not exist upon Miss Augusta Smithers previous to Dec. 19, on which day the Kangaroo sank; and evidence can also be produced—that of Mrs. Thomas—that it did exist on Christmas Day, when Miss Smithers was rescued. It is, therefore, clear that it must have got upon her back between Dec. 19 and Dec. 25.”