Wilson's Tales of the Borders and of Scotland, Volume XXIII by Various
page 28 of 246 (11%)
page 28 of 246 (11%)
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of the same being laid across it; that having satisfied himself of these
facts, the commissioner caused the coffin to be again closed and the grave covered with all decency and care. And he accordingly made this report to their lordships." The fact thus ascertained, in opposition to the expectation of those who favoured the orphan, was viewed by the court as depriving, to a great extent, the case of that aspect of a riddle by which it had been so unfortunately distinguished; and as the case had been hung up even beyond the time generally occupied by cases at that period, when, as it was sometimes remarked, law-suits were as often settled by the old rule, _Romanus sedendo vincit_--by the death of one or other of the parties--as by a judgment, the case was again put to the Roll for a hearing on the effect of the new evidence. It was contended for the nephew by Mr. Wight, that the question was now virtually settled, insomuch that the court was not bound to solve riddles, but to find to whom pertained a certain right of inheritance. The birth of the child had been sworn to by the nurse, as well as its death, and the final placing of it in the coffin; and now the court had, as it were, ocular demonstration of these facts by the body having been seen by their own commissioner, placed on the breast of the mother in that very peculiar way described by Mrs. Temple. All claim on the part of the girl was thus virtually excluded, for the proceedings which took place that evening in another room, under circumstances of suspicion, were sworn to only by Mrs. Hislop herself, an interested witness, and were only partially confirmed by an eavesdropper, who, as eavesdroppers generally do (except when their own characters are concerned), perhaps heard according as foregone prejudices induced her to wish. These suspicious proceedings might be explained by as many hypotheses as had been devised by the wise judges of the taverns, among which was the theory of the living child |
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