fords no
ground whatever for the drastic proceeding of presumption of death and
taking possession of his property.

"With reference to the human remains which have been mentioned in
connection with the case I need say but little. The attempt to connect
them with the testator has failed completely. You yourselves have
heard Doctor Summers state on oath that they cannot be identified as
the remains of any particular person. That would seem to dispose of
them effectually. I must remark upon a very singular point that has
been raised by the learned counsel for the petitioner, which is this:

"My learned friend points out that these remains were discovered near
Eltham and near Woodford and that the testator was last seen alive at
one of these two places. This he considers for some reason to be a
highly significant fact. But I cannot agree with him. If the testator
had been last seen alive at Woodford and the remains had been found at
Woodford, or if he had disappeared from Eltham, and the remains had
been found at Eltham, that would have had some significance. But he
can only have been last seen at one of the places, whereas the remains
have been found at both places. Here again my learned friend seems to
have proved too much.

"But I need not occupy your time further. I repeat that, in order to
justify us in presuming the death of the testator, clear and positive
evidence would be necessary. That no such evidence has been brought
forward. Accordingly, seeing that the testator may return at any time
and is entitled to find his property intact, I shall ask you for a
verdict that will secure to him this measure of ordinary justice."

At the conclusion of Mr. Heath's speech the judge, as if awakening from
a refreshing nap, opened his eyes; and uncommonly shrewd, intelligent
eyes they were when the expressive eyelids were duly tucked up out of
the way. He commenced by reading over a part of the will and certain
notes--which he appeared to have made in some miraculous fashion with
his eyes shut--and then proceeded to review the evidence and the
counsels' arguments for the instruction of the jury.

"Before considering the evidence which you have heard, gentlemen," he
said, "it will be well for me to say a few words to you on the general
aspects of the case which is occupying our attention.

"If a person goes abroad or disappears from his home and his ordinary
places of resort and is absent for a long period of t