第 45 节
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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