elinor wyllys-2-第58章
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were not disputed； the general resemblance of the plaintiff to the Stanleys was not denied； the similarity of handwriting was also admitted； but Mr。 Ellsworth argued； that such resemblances； among persons who were in no way related to each other； were not uncommon； probably every individual in that court…room had been told fifty times； that he was like A。； B。； or C。 Occasionally； such resemblances were really very marked indeed。 He then cited the instance of a man who was hanged in England； on this very ground of personal identity； sworn to by many individuals； and yet； a year after； it was discovered that the real criminal was living； and these two men； so strikingly alike； had never even seen each other； nor were they in any manner related to each other。 But who could say whether the plaintiff were actually so much like William Stanley？ It was not certain that any individual in that room had seen the young man for eighteen years； but one of the defendants had any distinct recollection of him； even at that time； the colour of the hair； and a general resemblance in complexion and features； might well be the amount of all that could be advanced in favour of the likeness； the plaintiff resembled the Stanleys； father and son； but probably a hundred other men might be picked up in the country； in whom the same resemblance might be foundmen who laid no claim to the name or estate of Mr。 Stanley。 Similarity of handwriting was not uncommon either； and here some dozen notes and letters were produced； and proved to a certain degree that this assertion was correct； in several cases the resemblance was very great； and Mr。 Ellsworth maintained； that with the documents in the possession of the sailor； undeniably written by young Stanley； any common writer； devoid of honesty； might have moulded his hand by practice to an imitation of it； sufficient for forgery。 So much for the resemblance； he would now point out the difference between the plaintiff and William Stanley in two points； which； if clearly proved； must convince the jury that identity was utterly impossible； a pure fiction； a gross deception。 He then produced the portrait of William Stanley； after acknowledging that there was some general resemblance； he suddenly showed the difference in the formation of the hands； fingers； and nails； between the boy and the plaintiff。 This difference was indeed striking； for Ellsworth took a moment to point it out； when the sailor was in court； and engaged in putting a piece of tobacco in his mouth； and his hands were in full view。 For a second he seemed out of countenance； but he soon resumed the confident look he had worn throughout。 Mr。 Ellsworth entered very minutely into this fact； showing that painters usually gave a correct idea of the hand； when it was introduced in a portrait； and the impossibility of the natural formation of the hand being entirely changed； either by time or hard work； was proved by the testimony of anatomists。 The family physician of the late Mr。 Stanley was an important witness at this stage of the trial； he 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 havi
