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thereafter。



In 1893 Mr。 Dimon died。 No will being produced;

his brother took; out letters of administration。 Whereupon

Mrs。 Martha Keery commenced a suit against

the brother and the next of kin he represented; in

an effort to obtain the dead man's estate。 She based

her claim solely on the LOST will; the contents of which

were recalled in the trial by Mr。 Dimon's former

counsel; who was also one of the witnesses to the lost

will。 During the course of the trial in the Supreme

Court; presided over by Justice George L。 Ingraham;

Mrs。 Keery's attorney produced a mutilated document

which from its reading indicated that it had once

been a will; though not the 〃lost〃 one。 But the

names of the legatee; executrix; testator; names of

witnesses and their addresses were completely obliterated。

The written portions still undisturbed showed

it to be in the handwriting of Stephen C。 Dimon。

Mrs。 Keery's story was that after the death of Mr。

Dimon in going over an old coat formerly worn by

him; she had found it in a side pocket and had given

it to her counsel just as it came into her hands。



Its condition showed it to be considerably pocket…

worn。 The obliterations referred to represented huge

blots of black ink covering a lot of scratches and

making it impossible to decipher the under writing。

Defendant's Counsel immediately requested that the

document be turned over to an expert; to see what

could be done with it。 The judge granted the motion

and adjourned the case for several days to await

results。



Counsel on both sides joined in the selection of

myself。 Three days were occupied in its decipherment。

The will occupied two sides of a full sheet of

legal cap。 The original ink which was employed in

the writing of the will was of pale gray color。 The

first obliterations were a series of pen and ink

scratches and marks which destroyed the writing。

Not satisfied with them the operator had with a saturated

piece of blotting paper; brushed over the

scratches and as that ink was of good quality every

mark of writing had disappeared in the jumble and

blots。 It so happened that three inks had been employed。

The original ink; the ink used for scratching

and the one employed to do the blotting。 The three

inks were happily mixtures containing different constituents;

and so by utilizing the reagent of one which

did not affect the other; gradually the encrusted upper

inks were removed and later the original writing appeared

sufficiently plain not only to be read but to

identify it。 Photographs made before and after the

chemical experiments; permitted court and counsel to

make their own comparisons during the giving of the

testimony about it。



It permitted also the finding of the two witnesses who

lived outside of the city and to learn many details

from them as to Mr。 Dimon's conduct in the matter。



The restored will showed that Mrs。 Keery at its

date (1891) was still in his mind; and its destruction

by himselfthat he had changed his mind。



Justice Ingraham completes his opinion in deciding

the case as follows:



〃In this case; however; the long time that

elapsed between the time of the delivery of the

will to Mr。 Morgan and the death of the testator;

the absence of my satisfactory proof of the existence

of the will from the time it was delivered to

Mr。 Morgan to the time of the testator's death;

and the fact that the testator made another will;

making substantially the same disposition of the

property; which he subsequently destroyed; all

tend to cast a doubt upon the fact that the will

was in existence at the time of the testator's death;

and there is positively no evidence that it was ever

fraudulently destroyed。



〃I do not think the court is justified in diverting

a large sum of money from those legally entitled

to it; by allowing; a lost will to be proved; except

upon the clearest and most satisfactory evidence

of the existence of the will at the time of the testator's

death。 And the testimony in this case falls

short of what I consider necessary to establish

such a will。



〃There should be; therefore; judgment for the defendants

with costs。〃

 *   *    *    *    *    *    *



A case of considerable interest was tried before

Hon。 Clifford D。 Gregory in the month of March; 1899;

in the city of Albany; New York。 It was entitled

the 〃People of the State of New York against Margaret

E。 Cody;〃 as charged with the crime of blackmail;

in the sending of a letter to Mr。 George J。

Gould; in which she threatened to divulge certain

information which she claimed to possess about his

dead father; Jay Gould。 The character of this

information was such that if true it meant that Jay

Gould and his wife had lived in bigamous relations

during a great number of years preceding their death

and hence also affected the legitimacy of the entire

Gould family。 Mrs。 Cody asserted that Jay Gould

was married to a Mrs。 Angel some time in 1853; and

that as a result of that 〃lawful〃 marriage she gave

birth to a daughter; a Mrs。 Pierce; who was still alive

and living somewhere in the west。 As Mrs。 Cody

offered to sell or secrete the information which she

said she possessed for a consideration; Mr。 George J。

Gould and his sister; Miss Helen Gould; instantly

determined that it could be nothing else than a clear

case of an attempt at blackmail; which falsely impugned

the reputations of their dead parents。 They

instituted criminal proceedings against Mrs。 Cody;

charging that Mrs。 Cody when she wrote the letter

well knew that her claim that his father had been

married to Mrs。 Angel and that Mrs。 Pierce was their

daughter; was absolutely false。 Two trials followed;

the first in 1898 in which the jury disagreed; and a

second one in 1899 which lasted over a week。 It

was in the second trial that chemical tests on a certain

entry in a church record in the presence of the

jury were made; which showed conclusively that

ancient writing of another character than that which

had been substituted was still existent beneath the

writing which was apparent to the naked eye。



The following are excerpts of the judge's charge

to the jury:



〃I wish to invite your attention; for a few moments;

to the baptismal certificate。 You have had

produced here before you the original baptismal

record of the church at Cooperville。 It has been

substantially admitted; in the arguments of this

case; that there has been a change made in this

certificate。 I do not think that the District Attorney

claims that there is any evidence that Mrs。

Cody herself changed this record; there is no

claim; as I understand it; made by the prosecuting

officer that she went there and obtained this book;

and with her own hand changed this record; but

he asks you to infer and find from the evidence

that has been given; that she was a party to this

change; that she was privy to this change; and that

knowing that fact she had guilty knowledge when

she wrote the letter upon which the indictment is

based。



〃You will remember that Mr。 Carvalho; the

expert in handwriting; was placed upon the stand;

and he has testified in your presence as to his

qualifications in determining disputed handwritings;

and what his experience has been during a long

series of years。 He tells you that he has examined

this record; and that there is no question but some

of the words have been erased and others substituted

in their places。 He tells you that the words

'Jay Goulds' were not the original words in the

certificate; or if they were; the present 'Jay

Goulds;' as they appear in the certificate; have

been forged; that the words 'Mary S。 Brown;'

the 'sex mois;' the French words for six months;

and other changes which he has described to you

are forgeries。



〃I shall submit to you; as a question of fact;

whether or not Mrs。 Cody had any knowledge or

took any part; or authorized or connived at any of

the changes made in this certificate。 I do not

say that she did; I leave it to you to say; from

the evidence in this case; whether your minds are

convinced that she had any part or parcel; or

undertook in any way to accomplish the changes

which have been made in this baptismal record。

And if you find as matter of fact that she had

such knowledge at the time this letter was written;

if you find as matter of fact she had this information

given to her by Mrs。 Angel; then I leave it

to you to say whether she had such knowledge;

such guilty knowledge; as should prevent her; if acting

honestly; from writing a letter such as has been

described here and contained in the indictment。〃



The jury brought in a verdict of guilty。



In the trial of the People v。 David L。 Kellam (1895);

who was charged with altering the dates of three

notes for 6;000 each; the contention of the prosecution

was that the dates of the notes had been c

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