第 46 节
作者:辩论      更新:2021-02-27 01:31      字数:9321
  thereafter。
  In 1893 Mr。 Dimon died。 No will being produced;
  his brother took; out letters of administration。 Whereupon
  Mrs。 Martha Keery commenced a suit against
  the brother and the next of kin he represented; in
  an effort to obtain the dead man's estate。 She based
  her claim solely on the LOST will; the contents of which
  were recalled in the trial by Mr。 Dimon's former
  counsel; who was also one of the witnesses to the lost
  will。 During the course of the trial in the Supreme
  Court; presided over by Justice George L。 Ingraham;
  Mrs。 Keery's attorney produced a mutilated document
  which from its reading indicated that it had once
  been a will; though not the 〃lost〃 one。 But the
  names of the legatee; executrix; testator; names of
  witnesses and their addresses were completely obliterated。
  The written portions still undisturbed showed
  it to be in the handwriting of Stephen C。 Dimon。
  Mrs。 Keery's story was that after the death of Mr。
  Dimon in going over an old coat formerly worn by
  him; she had found it in a side pocket and had given
  it to her counsel just as it came into her hands。
  Its condition showed it to be considerably pocket…
  worn。 The obliterations referred to represented huge
  blots of black ink covering a lot of scratches and
  making it impossible to decipher the under writing。
  Defendant's Counsel immediately requested that the
  document be turned over to an expert; to see what
  could be done with it。 The judge granted the motion
  and adjourned the case for several days to await
  results。
  Counsel on both sides joined in the selection of
  myself。 Three days were occupied in its decipherment。
  The will occupied two sides of a full sheet of
  legal cap。 The original ink which was employed in
  the writing of the will was of pale gray color。 The
  first obliterations were a series of pen and ink
  scratches and marks which destroyed the writing。
  Not satisfied with them the operator had with a saturated
  piece of blotting paper; brushed over the
  scratches and as that ink was of good quality every
  mark of writing had disappeared in the jumble and
  blots。 It so happened that three inks had been employed。
  The original ink; the ink used for scratching
  and the one employed to do the blotting。 The three
  inks were happily mixtures containing different constituents;
  and so by utilizing the reagent of one which
  did not affect the other; gradually the encrusted upper
  inks were removed and later the original writing appeared
  sufficiently plain not only to be read but to
  identify it。 Photographs made before and after the
  chemical experiments; permitted court and counsel to
  make their own comparisons during the giving of the
  testimony about it。
  It permitted also the finding of the two witnesses who
  lived outside of the city and to learn many details
  from them as to Mr。 Dimon's conduct in the matter。
  The restored will showed that Mrs。 Keery at its
  date (1891) was still in his mind; and its destruction
  by himselfthat he had changed his mind。
  Justice Ingraham completes his opinion in deciding
  the case as follows:
  〃In this case; however; the long time that
  elapsed between the time of the delivery of the
  will to Mr。 Morgan and the death of the testator;
  the absence of my satisfactory proof of the existence
  of the will from the time it was delivered to
  Mr。 Morgan to the time of the testator's death;
  and the fact that the testator made another will;
  making substantially the same disposition of the
  property; which he subsequently destroyed; all
  tend to cast a doubt upon the fact that the will
  was in existence at the time of the testator's death;
  and there is positively no evidence that it was ever
  fraudulently destroyed。
  〃I do not think the court is justified in diverting
  a large sum of money from those legally entitled
  to it; by allowing; a lost will to be proved; except
  upon the clearest and most satisfactory evidence
  of the existence of the will at the time of the testator's
  death。 And the testimony in this case falls
  short of what I consider necessary to establish
  such a will。
  〃There should be; therefore; judgment for the defendants
  with costs。〃
  *   *    *    *    *    *    *
  A case of considerable interest was tried before
  Hon。 Clifford D。 Gregory in the month of March; 1899;
  in the city of Albany; New York。 It was entitled
  the 〃People of the State of New York against Margaret
  E。 Cody;〃 as charged with the crime of blackmail;
  in the sending of a letter to Mr。 George J。
  Gould; in which she threatened to divulge certain
  information which she claimed to possess about his
  dead father; Jay Gould。 The character of this
  information was such that if true it meant that Jay
  Gould and his wife had lived in bigamous relations
  during a great number of years preceding their death
  and hence also affected the legitimacy of the entire
  Gould family。 Mrs。 Cody asserted that Jay Gould
  was married to a Mrs。 Angel some time in 1853; and
  that as a result of that 〃lawful〃 marriage she gave
  birth to a daughter; a Mrs。 Pierce; who was still alive
  and living somewhere in the west。 As Mrs。 Cody
  offered to sell or secrete the information which she
  said she possessed for a consideration; Mr。 George J。
  Gould and his sister; Miss Helen Gould; instantly
  determined that it could be nothing else than a clear
  case of an attempt at blackmail; which falsely impugned
  the reputations of their dead parents。 They
  instituted criminal proceedings against Mrs。 Cody;
  charging that Mrs。 Cody when she wrote the letter
  well knew that her claim that his father had been
  married to Mrs。 Angel and that Mrs。 Pierce was their
  daughter; was absolutely false。 Two trials followed;
  the first in 1898 in which the jury disagreed; and a
  second one in 1899 which lasted over a week。 It
  was in the second trial that chemical tests on a certain
  entry in a church record in the presence of the
  jury were made; which showed conclusively that
  ancient writing of another character than that which
  had been substituted was still existent beneath the
  writing which was apparent to the naked eye。
  The following are excerpts of the judge's charge
  to the jury:
  〃I wish to invite your attention; for a few moments;
  to the baptismal certificate。 You have had
  produced here before you the original baptismal
  record of the church at Cooperville。 It has been
  substantially admitted; in the arguments of this
  case; that there has been a change made in this
  certificate。 I do not think that the District Attorney
  claims that there is any evidence that Mrs。
  Cody herself changed this record; there is no
  claim; as I understand it; made by the prosecuting
  officer that she went there and obtained this book;
  and with her own hand changed this record; but
  he asks you to infer and find from the evidence
  that has been given; that she was a party to this
  change; that she was privy to this change; and that
  knowing that fact she had guilty knowledge when
  she wrote the letter upon which the indictment is
  based。
  〃You will remember that Mr。 Carvalho; the
  expert in handwriting; was placed upon the stand;
  and he has testified in your presence as to his
  qualifications in determining disputed handwritings;
  and what his experience has been during a long
  series of years。 He tells you that he has examined
  this record; and that there is no question but some
  of the words have been erased and others substituted
  in their places。 He tells you that the words
  'Jay Goulds' were not the original words in the
  certificate; or if they were; the present 'Jay
  Goulds;' as they appear in the certificate; have
  been forged; that the words 'Mary S。 Brown;'
  the 'sex mois;' the French words for six months;
  and other changes which he has described to you
  are forgeries。
  〃I shall submit to you; as a question of fact;
  whether or not Mrs。 Cody had any knowledge or
  took any part; or authorized or connived at any of
  the changes made in this certificate。 I do not
  say that she did; I leave it to you to say; from
  the evidence in this case; whether your minds are
  convinced that she had any part or parcel; or
  undertook in any way to accomplish the changes
  which have been made in this baptismal record。
  And if you find as matter of fact that she had
  such knowledge at the time this letter was written;
  if you find as matter of fact she had this information
  given to her by Mrs。 Angel; then I leave it
  to you to say whether she had such knowledge;
  such guilty knowledge; as should prevent her; if acting
  honestly; from writing a letter such as has been
  described here and contained in the indictment。〃
  The jury brought in a verdict of guilty。
  In the trial of the People v。 David L。 Kellam (1895);
  who was charged with altering the dates of three
  notes for 6;000 each; the contention of the prosecution
  was that the dates of the notes had been c