past fraudulent
transaction. The nature of that transaction, I ascertained in
this marginal note, in Hugh Mainwaring's handwriting, upon one of
Hobson's letters which happened to be more insolent in its tone
than the rest. With the permission of the court I will read it:
"'He insinuates that I destroyed the will; I only gave him to
understand that it was lost. Little he dreams it is still in my
possession and will be, until such time as I, too, have to make
final disposition of my estate! Why I did not destroy it, or why
I do not, now that the property is rightfully mine, I cannot say,
except that I dare not! "Thus conscience does make cowards of us
all?"'
"With the discovery of these words," concluded the witness, "began
my search for the will itself."
"From the discovery of this letter which led you to believe the will
was still in existence, you prosecuted your search for the document
until the 7th of last July?"
"Yes, sir, whenever an opportunity for search was offered."
"Where did you finally find the will?"
"In the safe, in Mr. Mainwaring's private apartments at Fair Oaks."
"On July 7 last?"
"Yes, sir."
"That was the day on which you, acting as Hugh Mainwaring's secretary,
had drawn, at his dictation, his last will and testament, was it not?"
"It was."
"Mr. Mainwaring," said the attorney, deliberately, his eye quick to
read the faces about him, "is there in your mind any connection
between that event and your discovery of this will?"
"Only the most indirect," was the reply, given with equal
deliberation. "The fact that Hugh Mainwaring was making final
disposition of his property naturally spurred me on to increased
action, since, in making final adjustment of his papers, he would
be more than likely to destroy the old will. This incentive,
together with the fact that opportunity was given me for a more
thorough search than I had been able to make prior to that time,
combined to bring about the discovery of the will."
"Please state the time and circumstances of your finding it."
"I found it late in the afternoon, while Mr. Mainwaring and his
guests had gone for a long drive. I determined to leave no place
unexplored where it could possibly be concealed; after about an
hour's search I found it."
"What did you then do with it?"
"I retained it in my possession, and at the earliest opportunity
secreted it within my own room."
"It was in your possession during the follow
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