Page 129 (1/1)

"I have"

"Does that description apply to the person whose reeneral way, it does"

"I must ask you for a direct answer--yes or no Does it apply?"

"Yes But I ought to say that ht of the deceased is only approxi from your examination of those reht those reha this admission Mr Loram sat down, and Mr Heath immediately rose to cross-examine

"When you examined these remains, Doctor Summers, did you discover any personal peculiarities which would enable you to identify them as the remains of any one individual rather than any other individual of si that would identify the remains as those of any particular individual"

As Mr Heath asked no further questions, the witness received his dismissal, and Mr Lorae bowed somnolently, and then Mr Heath rose to address the Court on behalf of the respondent It was not a long speech, nor was it enriched by any displays of florid rhetoric; it concerned itself exclusively with a rebutu briefly pointed out that the period of absence was too short to give rise of itself to the presumption of death, Mr Heath continued: "The claim therefore rests upon evidence of a positive character My learned friend asserts that the testator is presumably dead, and it is for him to prove what he has affirmed Now, has he done this? I subenuity that the testator, being a bachelor, a solitary man without wife or child, dependent or master, public or private office or duty, or any bond, responsibility, or any other condition li his freedo This is uenuity that he has not only succeeded in proving his case; he has proved a great deal too ues, that a ations of any kind has no reason for disappearing, is it not even ? My friend has urged that the testator was at liberty to go where he pleased, when he pleased, and how he pleased; and that therefore there was no need for hio ahither, when, and how he pleased, why do we express surprise that he has made use of his liberty? My learned friend points out that the testator notified to nobody his intention of going away and has acquainted no one with his whereabouts; but, I ask, whom should he have notified? He was responsible to nobody; there was no one dependent upon him; his presence or absence was the concern of nobody but hi o abroad, why should he not go? I say there was no reason whatever