第 45 节
作者:辩论      更新:2021-02-27 01:31      字数:9319
  the original writing of Thomas J。 Monroe; or indeed
  of any person。 The will was not admitted to probate。
  Experiments; both in open court or during its sessions
  in the testing of ink and paper; microscopically
  and chemically; are of frequent occurrence; and many
  contests involving enormous interests have been more
  or less decided as the result of them。
  The contest of the alleged will of George P。 Gordon;
  tried before the late Chancellor McGill of New
  Jersey in 1891; illustrates in a remarkable degree just
  how certain are the results of investigations of this
  character。 The chancellor's decision; after listening
  to testimony for many weeks; was in effect to declare
  the will a forgery; largely because of the fact that the
  premise on which it rested was a so…called draft; from
  which it was sworn it had been copied。 The ink on
  this draft it was proved could not have had an existence。
  until many years after the date of the forged will。
  The decedent; who died in 1878; was the inventor
  of a famous printing press; and left a large fortune。
  A will offered for probate soon after the death of
  Gordon was not probated; owing to the discovery that
  the witnesses had not signed it in each other's presence。
  The principal beneficiaries; however; under
  that will; the widow and daughter of Gordon; agreed
  to a division of the estate which was satisfactory to
  the other heirs at law; and the matter apparently was
  settled。
  But a retired lawyer named Henry C。 Adams began
  in 1879; a year after Gordon's death; to endeavor to
  obtain the assistance of some heirs at law in an enterprise
  which was finally ended only when Chancellor
  McGill's decision was rendered。
  In 1868 Adams lived with his father and brothers
  on a farm; near Rahway; N。 J。; adjoining the Gordon
  place。 The two men became well acquainted through
  their common interest in music。 Adams called upon
  A。 Sidney Doane; a nephew of Gordon; and told him
  that Gordon had made a will in 1868 which might be
  found or if lost; established by means of a draft of it
  which he (Adams) had retained。 Mr。 Doane refused
  to act upon this proposition。 Then Adams presented
  the matter to Guthbert O。 Gordon; a brother to
  George P。 Gordon。 He declined to consider the proposed
  search for a new will。 Adams then wrote to
  Guthbert Gordon; Jr。; cautioning him to say nothing
  to any one; but to come and see him。 Guthbert Gordon;
  Jr。; declined to accept Adams's invitation for a
  secret conference。 Adams did not write or communicate
  with the widow or daughter of George P。 Gordon;
  or with any of the officials or other persons who dealt
  with the estate。 Finding that the heirs at law were
  satisfied with the arrangement of the estate under
  Gordon's daughter's management; he gave up his efforts
  at that time。
  In 1890 Mary Agnes Gordon; the daughter; died in
  Paris; and remittances from her ceasing and her will
  not being satisfactory to those who had been receiving
  them from her; another contest was begun。 This
  caused a renewal of Adams's activity。 In 1890 he
  wrote to Messrs。 Black & King; a firm of lawyers who
  represented the contestants of Mary Agnes Gordon's
  will。 Adams's letter to the law firm contained this
  expression:
  〃If one of you will come over here on Sunday
  morning; bringing no brass band; fife or drums; I
  will tell you something worth knowing。〃
  Mr。 King visited Adams; who was then living at
  Orange; N。 J。; and was told by him that Mr。 Gordon
  had executed a will in 1868 which he (Adams) had
  drawn at Gordon's instance; and that he had retained
  a corrected draft from which the will itself had been
  copied。 He also told King that the original will after
  its execution had been left with his father; and that
  it must be at his father's homestead near Rahway;
  where he would try to find it。 A few days later he
  wrote to Black & King that the will had been found;
  and the next day went with the lawyers to Rahway
  and identified the package found by his brother Edward
  Adams; who occupied the Rahway farm; as that
  which contained the will。 The package; unopened;
  was taken to a safe deposit company and the original
  draft was deposited with the secretary of state。 The
  alleged will; which Chancellor McGill pronounced a
  forgery when finally opened in the preliminary probate
  proceedings; was found to be a very long and
  complicated document; written on blue paper in black
  ink。 The draft; which was on white paper; was also
  written in the main in black ink; but a copious quantity
  of red ink had been used in interlineations。 The
  significant paragraph of the new will was a direction
  to his heirs to purchase; if the testator had not succeeded
  in doing so before his death; the Henry Adams
  farm for 32;000。 Minute directions were given to insure
  the purchase; but no lower price than 32;000
  was mentioned。 Commenting upon this Chancellor
  McGill's remarks:
  〃It is also to be here noted that the Adams farm
  is now scarcely worth one…third the price for which
  it is directed to be purchased。〃
  Continuing the court says:
  〃The only living person who professes to have
  had knowledge of this disputed paper prior to
  November; 1890; is Henry C。 Adams。 He most
  clearly and positively testified that he drew the
  disputed paper at the instance of Mr。 Gordon。 He
  produced a draft from which he said it was
  copied。 。 。 。 I have already stated that Mr。 Adams
  testified most positively when the draft of the disputed
  paper was offered in evidence that it was the
  identical document from which the will of 1868 had
  been copied; and it is to be remembered that the
  interlineations in that draft are almost all made
  with red ink; and that Mr。 Adams testified that
  those interlineations existed when the will was
  copied from the draft。 With a view to testing the
  truth of this testimony the contestants submitted
  the draft to scientific experts; who pronounced the
  red ink to be a product of eosine; a substance
  invented by a German chemist named Caro in the
  year 1874; and after that time imported to this
  country。 At first it was sold for 125 a pound;
  and was so expensive it could not be used commercially
  in the manufacture of ink。 Afterwards the
  price was so greatly reduced that it became generally
  used in making red ink。 It is distinguished
  by a peculiar bronze cast that is readily detected。
  It was recognized in the red ink interlineations in
  the draft of the disputed paper produced by Mr。
  Adams by a number of scientific gentlemen; among
  whom were some of the best known ink manufacturers
  in the country; and Mr。 Carl Pickhardt; who
  first imported eosine。 Upon further examination
  the witness; Adams; said he thought the draft
  produced to be the original until he saw the will on
  blue paper; and that then he was perplexed; but
  dismissed his doubt upon the suggestion of counsel;
  but afterward he thought upon the subject 'in
  the vigils of the night;' but by an unfortunate
  coincidence did not reach substantial doubt enough
  to correct his previous testimony until after the
  testimony concerning the character of the red ink
  he had used in interlining had been produced。 。 。 。
  It is impossible to study this remarkable case at
  this point without grave doubts as to the truthfulness
  of Mr。 Adams; and indeed as to the frankness
  with which the case was produced in court in
  behalf of the proponents。〃
  As to Adams as a witness; the court finally says:
  〃And as I read the confused answers of Mr。
  Adams and note his apparent misapprehension of
  questions that would tend to involve him; and note
  the apparent failure of his theretofore wonderfully
  clear and exact memory of the most trivial and unimportant
  details; I am inclined to reject the whole
  story as a fabrication that has been punctured and
  fallen to pieces。 。 。 。 I find it to be impossible to
  rely upon the testimony of Henry C。 Adams。 Excluding
  it the will is not proved。 。 。 。
  〃I will deny probate; revoking that which I
  have heretofore granted in common form。〃
  *   *    *    *    *    *    *
  In the attempt made to prove the alleged last will
  and testament of Stephen C。 Dimon; deceased; chemistry
  was the all…determining factor in the most important
  branch of the case。 The peculiar features of
  this remarkable and unique case are best described
  by presenting them with a brief history of the entire
  matter。
  In 1884 Stephen C。 Dimon of the city of New
  York made and executed a will; choosing as legatee
  and executrix a Mrs。 Martha Keery。 The will he
  intrusted to the custody of his counsel。 It appeared。
  that some time during the following year his attorney
  transferred this will from its resting place in a desk
  drawer to a new safe and recalled having seen its envelope
  a year later; but said he never saw the will
  thereafter。
  In 1893 Mr。 Dimon died。 No will being produced;
  his brother took