R. Austin Freeman

“ My learned friend points out that the testator notified nobody of his intention of going away and has acquainted no one with his whereabouts; but, I ask, whom should he have notified? He was responsible to nobody; there was no one dependent upon him; his presence or absence was the concern of nobody but himself. ”

“ If a person goes abroad or disappears from his home and his ordinary places of resort and is absent for a long period of time, the presumption of death arises at the expiration of seven years from the date on which he was last heard of. That is to say, that the total disappearance of an individual for seven years constitutes presumptive evidence that the said individual is dead ”

“ The judge sat up and glanced at the jury-box, and when the foreman proceeded to state that "We find no sufficient reason for presuming the testator, John Bellingham, to be dead," he nodded approvingly. Evidently that was his opinion, too, as he was careful to explain when he conveyed to Mr. Loram the refusal of the Court to grant the permission applied for. ”

“ If, on the other hand, we conclude that he has died suddenly, or has been killed by an accident or otherwise, we are adopting a view that involves no inherent improbabilities and that is entirely congruous with the known facts ”

“ And—another most significant and striking fact—the testator was accustomed to wear upon the third finger of his left hand—the very finger that is missing from the remains that were found—a most peculiar ring, which fitted so tightly that he was unable to get it off after once putting it on; a ring, gentlemen, of so peculiar a pattern that had it been found on the body must have instantly established the identity of the remains. ”

“ If circumstances suddenly arising made it desirable that he should go abroad, why should he not go? I say there was no reason whatever.
"My learned friend has said that the testator went away leaving his affairs to take care of themselves. Now, gentlemen, I ask you if this can fairly be said of a man whose affairs are, as they have been for many years, in the hands of a highly capable, completely trustworthy agent who is better acquainted with them than the testator himself? Clearly it cannot. ”

“ For if it is true, as my learned friend so justly argues, that a man thus unfettered by obligations of any kind has no reason for disappearing, is it not even more true that he has no reason for not disappearing? My friend has urged that the testator was at liberty to go where he pleased, when he pleased, and how he pleased ”

“ We looked into the rooms, but we did not search under the beds or in the cupboards."
"Are all the rooms in the house in use as living or sleeping rooms?"
"No; there is one room on the second floor that is used as a store and lumber-room, and one on the first floor that Mr. Hurst uses to store trunks and things that he is not using." ”

“ You will remember, gentlemen, that it was either at Eltham or Woodford that the testator was last seen alive.
"And now observe the completeness of the coincidence. These human remains, as you will be told presently by the experienced and learned medical gentleman who has examined them most exhaustively, are those of a man of about sixty years of age, about five feet eight inches in height, fairly muscular and well preserved, apparently healthy, and rather stoutly built. ”

“ It is always kept locked."
At this point an ominous flattening became apparent in his lordship's eyelids, but these symptoms passed when Mr. Heath sat down and indicated that he had no further questions to ask.
Miss Dobbs once more prepared to step down from the witness box, when Mr. Loram shot up like a jack-in-the-box.
"You have made certain statements," said he, "concerning the scarab which Mr. Bellingham was accustomed to wear suspended from his watch-guard. You say that he was not wearing it when he came to Mr. Hurst's house on the twenty-third of November, nineteen hundred and two. ”

“ Jellicoe's description, might those remains be the remains of the testator, John Bellingham?"
"Yes, they might."
On receiving this admission Mr. Loram sat down, and Mr. Heath immediately rose to cross-examine.
"When you examined these remains, Doctor Summers, did you discover any personal peculiarities which would enable you to identify them as the remains of any one individual rather than any other individual of similar size, age, and proportions?"
"No. I found nothing that would identify the remains as those of any particular individual." ”

“ He has argued with great force and ingenuity that the testator, being a bachelor, a solitary man without wife or child, dependant or master, public or private office of duty, or any bond, responsibility, or any other condition limiting his freedom of action, had no reason or inducement for absconding. ”

“ But if, on the other hand, it is sought to presume the death of a person who has been absent for a shorter period than seven years, it is necessary to produce such evidence as shall make it highly probable that the said person is dead. ”

“ No, they do not. Family discords—at least those capable of producing chronic misery—appertain exclusively to a married state. But the testator was a bachelor with no encumbrances whatever. Pecuniary anxieties can be equally excluded. The testator was in easy, in fact, in affluent circumstances. ”

“ Mr. Loram paused and took a deep breath, and his lordship flattened his eyelids.
"Is there a side gate to the premises?" the barrister resumed wearily.
"Yes. It opens into a narrow lane at the side of the house."
"And there is a French window in the study, is there not?"
"Yes. It opens on to the small grass plot opposite the side gate."
"The window and the gate both have catches on the have been possible for Mr. Bellingham to let himself out into the lane?"
"The window and gate both have catches on the inside. He could have got out that way, but, of course he didn't."
"Why not?" ”