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elinor wyllys-2-第52部分

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e swore to the fidelity of the portrait; and confirmed the fact of the particular formation of William Stanley's limbs when a boy; he thought it very improbable that a lad of his frame and constitution would ever become as heavy and robust as the plaintiff。 He was asked by a juror if he thought this impossible? 〃No; he could not say it was impossible。〃 The difference in gait was then examined。

{〃spoken the Jefferson〃 = passed and communicated with}

〃There is yet another point to be examined;〃 said Ellsworth; 〃similar in nature; but still more decided in its bearing。〃 He then brought forward all the testimony that had been collected; as to the temper and capacity of William Stanley; it was clearly proved; chiefly by the young man's tutors and companions; that he was morose and stubborn in disposition; and dull in intellect。 So far this point was easily settled; but it was difficult to place the opposite facts; of the cleverness and better temper of the plaintiff; as clearly before the court as they had appeared to the defendants。 Any one who had seen him under the same circumstances as Mr。 Wyllys and Hazlehurst; during the last three months; would have been convinced of this difference; but in the court…room it was not so easy to place the matter beyond dispute; although two witnesses gave their opinions on this point; under oath; and Ellsworth did all he could; by attracting attention to the plaintiff; to his manner and expression; but he was not quite satisfied with the result of his own endeavours。

〃Let us now look at the conduct of this individual; we shall find it; I think; quite inconsistent with that any man of plain; good sense; would have supposed the most easy and natural course under the circumstances; while; on the other hand; it is entirely consistent throughout; in being strongly marked with the stamp of improbability; in its general aspect; and in its details。〃 After a review of the plaintiff's course; as it stood in his own statement; he proceeded to investigate his conduct during the last three months; maintaining; that had he really been William Stanley; he would have presented himself long since to Mr。 Wyllys; unsupported by Mr。 Clapp; he would not have found it necessary to visit Greatwood; and examine the house and place so thoroughly; before submitting to an examination; he would not have waited to be examined; he would voluntarily have told his own story in a manner to produce undeniable conviction。 For instance; but a few weeks since; when; if we may believe his story; that pocket…book came into his possession again; had he gone to Mr。 Wyllys; shown it; and merely told him accurately; from whom; when; and where he had first received it; he would have been immediately recognized as the individual he claims to be。 Had he been William Stanley; he could have told those simple facts; he would have told them; while they were facts which it was impossible that an impostor should know; since they were confined entirely to Mr。 Wyllys and his friend's sonMr。 Wyllys himself having given the pocket…book to William Stanley when they were alone together。 He appealed to every man there present; what would have been his own conduct under such circumstances? As to the readiness of Mr。 Wyllys to receive William Stanley; could he believe him living; it was proved by the past conduct of the executors; their anxiety to obtain a correct account of the young man's fate; their hopes at first; their regrets at last; when hope had died away。 Ellsworth closed his speech by observing; that after this review of the circumstances; considering the striking differences pointed out in person; temper; and capacity; from those of William Stanley; the irreconciliable difference in the gait and formation of the limbs; and the unnatural conduct of the plaintiff throughout; had Mr。 Wyllys received this man as William Stanley; the son of his deceased friend; it would have been a gross neglect of duty on his part。

There now remained but one act to complete the defence。 It was concluded by Mr。 Grant; who went over the whole case in a speech; in his usual well…known manner; learned and close in its reasoning; caustic and severe in its remarks on the opposite party。 His general view was chiefly legal; occasionally; however; he introduced short and impressive remarks on the general aspect of the case; and the particular character of the most suspicious facts presented by the plaintiff; he was severe upon Mr。 Clapp; showing a shrewd and thorough knowledge of the man; and the legal species to which he belonged。 The Longbridge lawyer put on an increase of vulgar nonchalance for the occasion; but he was unable to conceal entirely his uneasiness under the sharp and well…aimed hits of one; so much his superior in standing and real ability。 Mr。 Grant dwelt particularly upon the suspicious appearance of the facts connected with the volume of the Spectator; and the pocket…book; both of which he admitted to have belonged to William Stanley originally; and he seemed to manage the difference in temper and capacity more effectually than Mr。 Ellsworth had done。 His speech was listened to with the closest attention during several hours; after having reviewed the testimony on both sides and finished his legal survey of the ground; he concluded as follows:

〃Gentlemen of the jury; the facts of this case are before you; so far at least as we could reach them; there are doubtless others behind the curtain which might prove highly important in assisting your decision。 You have followed me over the dull track of the law wherever it led us near this case; and I thank you for the patience you have shown。 The subject is now fully before you; and I conceive that you will agree with me that in the present case; the counsel for the plaintiff have undertaken a task of no ordinary difficulty。 It seems a task by no means enviable under any of its different aspects; but really; in the whole course of my experience at the bar; it has never yet fallen to my lot to witness so startling a feat of legal legerdemain; as that attempted in this court…room by the counsel for the plaintiff。 I conceive; gentlemen; that they are engaged in a task seldom attempted since the days of wizards and necromancersthey have undertaken to raise a ghost!〃

It was now time for the plaintiff's lawyers to close the trial。 Mr。 Clapp wished to speak again; but Mr。 Reed took the case entirely in his own hands; he was evidently firmly convinced of the identity of his client with William Stanley; and the natural indignation he felt at the accusations of the defendants; and the treatment the sailor had received from the executors; gave unusual warmth to his manner; which was generally calm; it was remarked that he had never made a stronger speech than on that occasion。 He did not dispute the honesty of the opinions of Mr。 Wyllys and Hazlehurst; but he conceived they had no right to hold such opinions after examining the testimony in behalf of the plaintiff。 He conceived that the defendant attached an importance altogether puerile to mere common probability; every…day probability; how many facts; now proved as clearly as human evidence can prove; have worn at first an improbable aspect to many minds! How many legal cases of an improbable nature might be cited! He would only allude to a few; and here he went over several remarkable cases on record。

〃And yet he would even engage to answer the objections against his client on this very ground of probability; much had been said about the volume of the Spectator; but Mr。 Hazlehurst could not swear to having read it at Greatwood four years since; while it appeared on cross…examination that his brother had the same edition of that book in Philadelphia; and that Mr。 H。 was in the habit of reading his brother's books; it also appeared that other volumes had been lost from the house at Greatwood in the course of the last four years。 He held it then to be clearly probable; first; that Mr。 H。 had not read that identical volume shown at the interview; but one belonging to his brother; secondly; that the same volume had not been lost within the last four years; that others had been lost was certain; but that this volume had been in the possession of his client for nearly twenty years was PROBABLE。〃 He went on in the same way to prove the probability of his client's gait having been changed; like that of other sailors; by a life at sea; that his whole body had become heavier and coarser from twenty years' hard work; and change of habits。 He here made Dr。 B。; the physician who had testified on this subject; appear in a ridiculous light; by quoting some unfortunately obscure remarks he had made under cross…examination。

〃Then; as to his client's temper; he hoped it had improved with age; but he thought that point had not been as clearly settled as his best friends could wish; still; it was by no means IMPROBABLE that it had improved under the salutary restraints of greater intercourse with the world。 Who has not known persons whose tempers have become better under such circumstances? As to the capacity of his client; that had also PROBABLY been roused into greater activity by the same circumstances。 Who has not heard of striking instances in which boys have been pronoun
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