A Missing Will.

Evening Post, Volume LIV, Issue 152, 24 December 1897, Page 5 (Supplement)

A Missing Will.

A singular incident occurred lately in the Court of Nisi Prius, Dublin, while Mr. Justice Gibson was trying the will case of Callan and Ellis. When the direct examination of Mr. Knowles, solicitor, who had prepared the will, had concluded, it waa discovered that the document was missing, and though searched for all over the Judge's bench, the registrar's desk, and the counsel's tables, it could not be found. Counsel in the case declared it must be with the registrar or with the Judge, or under their desks, while the Jud<*e asserted that he had handed it back to counsel, and the registrar said he had not had it at all. A further search through briefs and pockets proving unavailing, Judge Gibson eaid he would adjourn for luncheon, in the hope that the document would be found before Mb return. Enquiry by his Lordship after luncheon, however, elicited the information that the will was still missing. Mr. O'Shaughnessy, Q.C.— I think, my Lord, it must be on the bench. Mr. Justice Gibson — It is not. The best thing to do in a case of the kind is to look for it in the most unlikely place, and I think if the solicitor who was under examination when we adjourned would search in his pockets the will might be found. Mr. Samuels, Q.O.— We have turned him inside out, and cannot find it. (Laughter.) Perhaps a reporter has sent it away with his copy. Mr. Sergeant Dodd— l think the solicitor ought to search his pockets again. Eventually Mr. Knowles again searched his pockets, and produced a large envelope. Mr. O'Shaughnessy asked him to try the envelope. He did so, and produced the missing will, amidst the prolonged laughter of the crowded Court. Mr. O'Shaughnessy (angrily)— Why did you not search your pockets ? Mr. Knowles— Sure, I did. Mr. Justice Gibson (to the Jury)— Do you observe the worthlessness of human testimony ? It was stated by Mr. Samuels that he handed back the document to the registrar or threw it back to him, and it was all the time in this gentleman's pocket. Now, that is a thing that happened only a short time ago.