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[Witness having examined a printed copy of the extract from his letter, prefixed to the interrogatories (it is printed above), continues:]

I have examined as requested, and presume this to be a copy from a letter written by me to Mr. Norton; I have no copy of my letter, but think that is the copy; I presume I am the Dr. Wayland mentioned in the extract.

I am the author of a life of the late Dr. Judson. It has been published by Phillips, Sampson & Co., of Boston. The title, as near as I can recollect it, is "Memoirs of the Life and Services of Rev. Adoniram Judson, D. D." It was published last September or October. I am not in the least interested in the sale thereof, nor do I receive any part of the profits thereof. The copyright belongs to Mrs. Emily C. Judson. In accordance with my desire, the same was taken in the name and for the benefit of Mrs. Emily C.

Judson.

The work was compiled and prepared by me from material furnished to me by the concurrent consent and desire of Mrs. Judson and the family of the late Dr. Judson. Mrs. Emily C. Judson rendered me important assistance in the work of preparation. The work was compiled from letters in missionary journals; from private letters and papers of the late Dr. Judson; from private reminiscences of Mrs. Emily C. Judson; from material furnished by the American Baptist Missionary Union, and the American Board of Commissioners of Foreign Missions. I received such information from Mrs. Judson, various friends and correspondents of Dr. Judson, from Rev. Dr. Bright and Dr. Andrews, Secretaries of the above-named Societies. The papers have since been returned to their respective owners; I presume so; those that were sent to me I returned to the sources from which I received them; I do not know of any one who has any materials other than those used by me; and, from the great exertions made by me and Mrs. Judson to obtain all the existing materials for such a work, I think

that no important materials exist, except those used by me. The above named Baptist Union also made exertions to obtain for me all possible information on that subject. I cannot tell the value of materials I have not seen, and which I do not believe to exist. A considerable portion of the materials used by me had appeared in the public journals. I do not believe that any materials of importance had appeared in any public journals or existed, besides those used by me in the compilation of this memoir.

The

Excepting those materials which have appeared in the public journals, I have no reason to suppose that any other person has had access to the materials used by me. private papers of Dr. Judson, communicated to me by Mrs. Judson, her own reminiscences, could have been seen by no person but myself. The materials furnished by the American Baptist Missionary Union and the American Board of Commissioners of Foreign Missions, could only be furnished by vote of the Boards respectively.

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In answer to the cross-interrogatorics, he said: I never had a word with the defendant on the subject of holding him harmless from all damage he might sustain in consequence of publishing the extract from my letter, or gave him any assurance in relation thereto. I wrote the extract alluded to for the information of the defendant, who published it on his own responsibility.

The defendant has not informed me by whom the other memoir of Dr. Judson was to be published. I learned it through the papers, and have had no communications with the defendant upon the subject, excepting when he requested me to write him upon the subject, and upon that request I wrote the said extract. At that time our conversation went on on the assumption that the book was to be published by Mr. Fletcher in accordance with his announcement in the newspapers, made some weeks before that time. This letter I wrote at Mr. Norton's request, and for his information alluded to the forthcoming book to be published by Mr. Fletcher..

for a life of Dr. Judson, that he had not seen, were Upon being asked if any materials of any value in existence, he answered:

I refer to my direct examination for an answer, as I cannot state any more fully my means of information.

Upon being asked to state if that was not merely a matter of opinion with him, and whether he had examined all the public prints to see whether such was the fact; or by what means he knew such to be the fact; and also to state if the statement made by him that that portion of the materials for a memoir which has not appeared in the public prints can have been accessible to no person except himself, was not a matter of opinion with him, and whether he knew such to be the fact, and by what means, he answers:

All but the last clause of question requires no answer, as will be seen by reference to my previous answers. In relation to the last clause, I answer, that it is a conviction founded on the facts already stated.

My means of information are from Mrs. Judson herself, with whom I was in constant communication so long as she

was able to write.

I derive my information from Mrs. Judson herself-one of the family is supporting herself by teaching, as before stated.

. I have been told by Mrs. Judson that she had made arrangements for the publication of said work in England; of my own knowledge I know nothing about the matter in

I have not been consulted on the subject of any life of quired of. I presume for her own benefit, if any copyright

Dr. Judson beside my own; and from Mrs. Judson I learn that neither she nor any of the family have been consulted in relation to any other work on the same subject; excepting that Mrs. Judson, her friends, and the publishers, had consulted with me in relation to the time and manner of publishing an abridged edition of the same work for her benefit. Neither Mrs. Judson nor her friends have, to my knowledge, been informed of the name of the author of any work, other than the one written by me, upon the subject

alluded to.

I know Emily C. Judson; she resides in Hamilton County,

or other arrangements have been effected: as to the rest of the question, I know nothing.

To the 9th cross-interrogatory:

I do not know the number of volumes sold or the amount received by Mrs. Judson, in regard to the percentage. The offer of Messrs. Phillips, Sampson & Co. was 25 per cent, on the retail price of the book. Dr. Bright and I advised her to accept it, and soon after they commenced the publica

tion.

I wish to correct my answer to one of the direct inter

than myself has had access to the materials used by me, excepting those then excepted, for the reasons thus stated as to the persons and societies in whose possession these materials were.

State of New York; I am informed that she is in consump-rogatories, and say that I do believe that no other writer tion, and that her physician has stated that she may not live until May next; I am informed and believe that her means aro quite limited, and that. nine persons beside herself are dependent upon her for support, excepting the eldest daughter of Dr. Judson, who is at present engaged in teaching in a private family; the situation of the family in December, 1853, was substantially as above stated; my means of information were communications from Mrs. Judson

herself.

Mr. Willard objected to the reading of Dr. Wayland's answer to the fourth, fifth, and sixth direct interrogatories, but offered to waive the objection if the defendant would concede that Mrs. Judson had received $20,000 from the sale of the book. The defendant declining, the Court overruled the objection, and Mr. Willard excepted.

I do not know any thing about the business of said Fletcher, except what I see in the newspapers; I have seen such a work purporting to be published by him, but have never examined it; I should suppose the sale of such a work would, to some extent, but to what extent I am unable to say, interfere with the sale of the work written by me; I I am one of the firm of Phillips, Sampson & Co.; am encannot state the motive or purpose with which said Fletch-gaged in Boston as a bookseller, reside in Worcester; our er's book was published. Not having examined the book, firm published Dr. Wayland's memoirs of the Rev. Dr.

DEPOSITION OF MOSES D. PHILLIPS.

Judson; it was published, I think, the latter part of September or the first of October, 1853. Its retail price was two dollars; the copyright was taken out in the name of Mrs. Judson, widow of the late Dr. Judson, and I suppose it is owned by her. I cannot say that I know any thing personally about Mrs. Judson's means of subsistence, and condition in life. I know the plaintiff; he is a publisher on a comparatively small scale; I have no knowledge of his being engaged in publishing for any charitable or benevolent purpose; have seen the work entitled Burmah's Great Missionary; it was published, I should say, about March, 1854; the price of it was one dollar; do not know who the author is; have made a good many inquiries, and could find no one who claimed to be the author; do not know who owns the copyright; I am not aware that any friend of Dr. Judson or his family was consulted in relation to Mr. Fletcher's publication; its publication would interfere with the book published by us, and would tend to diminish the income from the book. Burmah's Great Missionary is not any more original, correct, or complete than Dr. Wayland's book; I do not know what was the object in publishing it; our firm has not failed to supply the demand for the work published by us; not more than a day or two-and that in very few instances-bas intervened between our receiving an order and our supplying the work. There was another life of Dr. Judson in preparation, by Mrs. Judson, about December, 1853. It has not been published, because her health would not allow her to complete it.

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To the cross-interrogatories he testified as follows: Previous to the winter of 1853, we had paid Mrs. Judson five hundred dollars; since that time we have paid her ten thousand dollars. Our indebtedness to her now is not more than two or three hundred dollars. We have an interest in the work, arising from a percentage on the transaction of the business. I have known Mr. Fletcher, as identified with sellers to be engaged in the publication of works for benevthe publication of Baptist works. It is not usual for bookolent or charitable purposes; we are not so engaged; we are paid by the percentage alluded to-that is, we pay Mrs. Judson a certain sum on all copies sold, and we have the profits on the sums above which we pay her. I had not seen Mr. Fletcher's work before December 15, 1853. That the publication and sale of that work would interfere with the sale of the work published by us is not a mere conjecture, because we have had many letters from those selling our work, after Burmah's Great Missionary was announced, stating they should do no more with our work until they could see that work, which was advertised for one dollar. And since that time they have never resumed the sale of our edition. These are specific instances of the sale of that work interfering with the sale of ours, which have come to our knowledge.

Mr. O'Conor then offered in evidence the deposition of Edward Bright, Jr., one of the Secretaries of the Baptist Missionary Union, stating that Mr. Bright was in Court, and that he should probably examine him during the trial.

Mr. Willard, counsel for the plaintiff, objected that when the witness was in Court the party was bound to call him. His deposition was not admissible.

The CHIEF JUSTICE suggested, that if this were the rule, it would make it necessary for a party offering to read a deposition, to prove that the witness was absent-a practice not in use, and not required by the statute.

Mr. Willard-But if your honor please, it is admitted that the witness is here.

Mr. O'Conor-Oh, well, then, we won't admit it; you can prove it.

Mr. Willard-Well, then, I will put my learned friend on the stand and examine him.

Mr. O'Conor-I don't know any thing about it— I never saw the witness till to-day; I am not acquainted with him.

The Chief Justice-I shall admit the deposition, subject to exception.

The deposition of Edward Bright, jun., was then read. He testified substantially as follows:

I am one of the Secretaries of the Baptist Union Missionary Society, and reside in Roxbury, Mass. I have known the plaintiff six or seven years; neither myself nor any of Dr. Judson's family, nor any of the family friends, have been consulted on the subject of any other published work concerning the life of the late Dr. Judson, except that of President Wayland. I know Mrs. Judson; she resides in Hamilton, New York; she has been in infirm health for many years, and is now dangerously ill in the last stages of consumption. She is not wealthy. Her property consists of three shares of stock in a Calcutta bank, the nominal value of which is $5,454 54, the last six months' income of which was $136 36. She has real estate in Hamilton, N. Y., the house she lives in, and another lot, I think, valued at $2,000, subject to a mortgage of $500. She has money on deposit, or on temporary loans, to the amount of $8,218 49. She has her interest in the copyright in eight of her own

The COURT thought the letters might be given in
evidence as a conversation between the parties.
read in evidence, as follows:
Mr. Willard produced the letters, and they were

1.-MRS. JUDSON TO MR. FLETCHER.

HAMILTON, N. Y., Dec. 3, 1853. Mr. FLETCHER-Dear Sir: I have been confined to my room a helpless invalid for about three months, or I should have taken the liberty to write to you earlier. I make an attempt to use my pen now, simply to request you to abstain from publishing the book about my husband, which you have advertised. Why should strangers make matter of traffic of the virtues of a holy man, while those who love him remain to cherish the sacred legacy?

I entreat you not to do me and the orphans of my sainted husband this great wrong. Be assured that "the Father of the fatherless and the Judge of the widow" will never bless you in such a course. You may gather up a few handfuls of

line they ever after wished suppressed. Some who claim to be your personal friends have been my advisers in this. Doctors of Divinity, who ought to understand the moral principles of this undertaking, have given me their written approval and offered every assistance in their power. And the principal author of the work you would hardly visit with denunciation. I am also joined by the different publishers of our denomination, all of whom, I think, will take an interest in the circulation of this "book about your husband." Indeed, not a note of disapprobation has reached me, except from those personally interested or an immediate friend.

The consideration of charity, a family so amply provided for, pecuniarily, will not urge. The engagements I have made, and expenses incurred, form another reason against a compliance with your request, which compliance would probably only result in a change of publisher. Still I will comply and give up my own part, upon condition that you will yourself prepare a work of the same plan and scope, and allow it to be published by some Baptist publishing

works, the income of which was, for the last year, 8818 49. They will produce less and less every year, because they have had their run. Mrs. Judson's income for the last year, money, but that money will not make your pillow easy nor house, saving me from loss in the outlay already made. including the allowance made by the missionary board,

your heart light. You may at this present moment bolster
up your purpose by sophistical arguments and well-planned
excuses and evasions, but the time will come when those

As I have a wife who may be a widow, and children who may become orphans, I hope to be sufficiently sensitive to the rights of such; and, when destitute, disposed to succor.

would not have been more than from ten to eleven hundred dollars; and her expenses, at the same time, could not have been less than $2,000. I know this; first, because I have will be torn away, and you will see this thing without a mist And I pray you, if you must think me wrong, to believe

before your eyes.

Will you suppress the book? May the Holy Spirit guide you in the ways of righteousness, and many hearts will be glad at the announcement. But if, blinded to the right, you still persist in your cruel purpose, why, then, may God have mercy on you in your hour of darkness!

acted as her agent and adviser in financial matters, since her
return from Burmah, and also from the fact, that Mrs. Jud-
son has materially reduced the amount of cash she had on
deposit from year to year. In December, 1858, there were
ten persons, including herself, dependent upon her, and their
situation and hers is such as to make their yearly expenses
large. They had no means of support, except in the eldest
daughter, who for the last year has been engaged in teach-
ing. This is a temporary resource, as she has not yet com-
pleted her own education. The plaintiff, Mr. Fletcher, is a
publisher and bookseller; I have examined the work enti-
tled Burmah's Great Missionary. It would interfere with
the sale of Dr. Wayland's work; it is no more accurate, nor
is it as complete or original, as Dr. Wayland's life of Judsonceived, in which you request me to refrain from publishing

To the cross-interrogatories he replied as follows: I have been informed by Mrs. Judson herself, that she had not been consulted in relation to Mr. Fletcher's book. Deposition of Wm. D. Ticknor.-I am a book publisher, of Boston; prior to Dec., 1853, our firm published some works, of which Mrs. Judson was the authoress, viz.: "Alderbrook," and "The Kathayan Slave." Mrs. Judson's income from these books, since 1851, has been about one hundred dollars per annum.

EMILY C. JUDSON.
EDWARD H. FLETCHER, Esq., New York.

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II.-MR. FLETCHER TO MRS. JUDSON.
NEW YORK, Dec. 8, 1853.
DEAR MADAM: Your letter of the 3d inst. has been re-

a proposed "book about your husband;" and denouncing
upon me the judgments of God in the event of my refusal.
I am happy in believing, however, that the disposal of all
events is in the hands of One who judges not after the man-
ner of selfish mortals, and who may even forgive, through
the Great Redeemer, the sins of His erring children, when
truly repented of, and who requires us to forgive others as
we wish to be forgiven-depriving us of any vindictive
rights.

a man's life, or of a nation's annals, is the privilege of any
historian who chooses to embrace it.

Your letter attributes to me a contemplated WRONG upon yourself and the children of Dr. Judson. That no wrong is Cross-examined.—Mrs. Judson resides at Hamilton, N. involved in the publication of this "book about your husY.; she is in very infirm health, and is not expected to re- band" is my sincere and undoubting conviction. The pubcover. I should say that the publicatton by Phillips, Samp-lic life of a public man is public property; and the record of son & Co., would operate favorably upon the demand for, and sale of, Mr. Fletcher's subsequent work, but the sale of his work, if successful, would interfere with the sale of the work published by Phillips, Sampson & Co. Alderbrook was published under the name of Fanny Forrester, as authoress. The Katbayan Slave was published under her own name; the value of these works is diminishing; her inter-class not reached by the great "authorized" edition (as Mr. est is a percentage on the profits; she owns the copyright. I know Mr. Norton, the defendant; the object of his Gazette is the dissemination of literary information, and the advertisement and reviews of publications generally. It is a highly respectable literary journal.

Divest yourself, for a moment, of personal interest in this matter, or suppose an analogous case, and let me ask you to decide it. Suppose that you were impressed that you could prepare a memoir of Daniel Webster that would benefit a

Banvard has already done), would you for a moment think
of consulting the "bereaved family?" And, not doing so,
how would you regard a requirement from Mrs. Webster of
abandonment, coupled with an accusation of wrong?

me mistakenly so, and capable of better than sordid mo-
tives.
Very respectfully, yours,
EDWARD II. FLETCHER.
To Mrs. EMILY C. JUDSON, Hamilton, N. Y.

III. FROM MRS. JUDSON TO MR. FLETCHER. HAMILTON, Dec. 14, 1853. MR. FLETCHER-Sir: If you will do me the favor to look again at my note of the 3d inst, you will see that it contains no denunciations. Unless I am greatly mistaken, I commended you to the mercy, not the "judgments" of God. It will be a heart-sickening task to wade through your long letter, to note the different points in your sad system of morality, but still I suppose I ought to do it.

1. You say "The public life of a public man is public property." I am not prepared to dispute this maxim, but simply say that it is entirely irrelevant to the case in question. My husband was not, in the true sense of the word, a "public man "-he was not a statesman, a diplomatist, a military or civil commander, or any thing of the sort. Не took his commission from no human government, and he labored mostly alone, under the eye of his Master. Therefore, unless your book is false to the character of the man. it will be far more a record of private than of public life, Indeed, unless I am greatly mistaken, your book, so far from confining itself to public acts, peers into the most sacred privacies, going even to his closet, and picturing him on his knees before God. If you really cannot discern the broad difference between a life like his and the official position of a statesman like Daniel Webster, I could wish that you had at least left the public and myself to settle the question of property.

Your "analogous case" is a very extreme one; but still, by a supposition or two, we may make it do. If Mr. Banvard had had the slightest reason to infer, from Mrs. Webster's previous habits, that she was at all likely to have an abridgment of her husband's life suited to Sunday schools in the course of preparation, he was bound, both as a gentleman And, while I believe there is in this case no infringement and a Christian, to consult her wishes before entering on his of rights, there does appear a positive duty. The aban- own work. If Mrs. Webster owned the copyright of her donment, even of an important publication, as of the minis-husband's life, and were to write me that a book I was pubterial or missionary work, may be inadmissible by the con-lishing for the good of Sunday schools, was interfering with scientious Christian. It is not a severe faith that sees more her interests, and actually doing her a positive injury, I good to the world in the history of Judson than what he would as soon (I regret to write it, but you asked me), I actually accomplished in his lifetime, and when no provis- would as soon steal her purse, hoping to benefit Sunday ion is made or proposed for the thousands of little country schools by the contents, as to go on with the work. Sabbath schools and poor families, I believe this work to be

Mr. O'Conor then called to the stand the plaintiff, Edward H. Fletcher, and stated to the court that Mr. Fletcher had been served with a subpana, duces tecum, requiring him to produce certain letters. CHIEF JUSTICE. Swear the witness. Mr. O'Conor. Stop a moment. He need'nt be sworn if he produces the letters. Have you the let-called for by the great Task Master. The highest of all ob

ters?

Witness. What is the question?

Mr. O'Conor. You have been subpoenaed to produce certain letters from Mrs. Judson. Will you produce them?

Mr. Willard. I will ask the learned counsel if it is his intention to read all the letters that passed between Mrs. Judson and Mr. Fletcher?

Mr. O'Conor answered that that was his

tion.

ligations, therefore, forbids its relinquishment.

My estimate of the demand is corroborated by many who canvassed for Dr. Wayland's work, and now engage in this, going over again the same field. Thus each work will fill the place for which it is adapted, giving to the former the advantage of earlier publication.

A principle of courtesy would prevent me from forestalling the market by anticipating other arrangements, or by inten-taking advantage of a vitiated copyright (by copyrighting in England). I gladly leave all the great advantages your work possesses, pursuing a course sanctioned by long usage. My views of the moral question are sustained by some of the wisest and best of Christians-men who never wrote a

Mr. Willard. In that case, we will produce the letters, if the Court considers them admissible.

sentiments in it positively shocking. Your duty, while I 2. "I dread to reply to this paragraph, because there are

am out of my grave, to look after the memory of him whose inmost thoughts and feelings I have shared, and over whom I have watched through so many weary hours of pain and suffering and sorrow! Yours-a stranger's duty! Where is his wife? Where his own beloved sister, the playmate of his childhood, and correspondent of his later years? Where are those noble-hearted men who have cared for and watched over his helpless desolate ones, as fathers and brothers watch? Your duty! Alas! alas! And do you really think "The Great Taskmaster" requires of you to seize on the orphans' birthright, because not secured by human law, and putting the avails in your own coffers, stand before the world as a man who has acquitted himself of a

"positive duty ?" No, no; be assured the day will come when you will find this act was called for by a very different taskmaster, But you do not stop here. You go further, and even profess to be too conscientious to abandon this scheme, lest the public, forsooth, should lose some prospective good. Why, do you not know that just so far as you prevent the sale of Dr. Wayland's book, by substituting an inferior one, you are doing a positive harm? Some men "do evil that good may come," and are justly condemned for it; but this looks to me very much like doing evil that good may be prevented.

How came you to know that no provision was being made for Sunday schools and poor families? Did you ask any one likely to know-the family of Dr. Judson, his biographer, the executive officers of the Missionary Union? or were you afraid to ask, lest you should learn certain facts which would spoil your speculation? Those who looked after the Memoir for the Churches were not likely to forget the Sunday Schools.

3. Do you mean to say that nothing but "courtesy "kept you from seizing on my copyright, which you happen to fancy is not good? Verily, if this be true, I should be sorry to be your neighbor in Patagonia, where there is no law for the protection of life and property, and where, courtesy not being fashionable, many proceedings are "sanctioned by long usage," that would be, to say the least, inconvenient to

the weaker party.

4. You say your views are sustained by Christians wise and good. I know nothing of that matter (except by the piles of correspondence on my table, which would astonish you), but I do know that they are not sustained by Christ, and so will not stand in the great day. You also say that some of your advisers claim to be my friends. Very likely. I never doubted that I had my share of false friends-men who fawn and flatter, while, in order to serve their own purposes, or even to gratify some petty spite, they would not hesitate to crush me as a fly; but the servant is not above his Master-so was it with him who died by a traitor's connivance-so is it with Him still.

Your principal author may be, for aught I know, a man who stands up in the sacred desk, and is zealous against vice both from that position and from the pross-but he is himself guilty of an act that no high-minded worldling would stain his honor with. I would not denounce him any more than I have denounced you, but I would denounce his sin precisely as I have yours. You give me startling ideas of the system of morality adopted by Baptist publishers, and then ask, or rather demand of me to employ them! No, no; there are honorable men among Baptist publishers who would scorn this thing. If all the D. D.'s that human colleges have ever made were your advisers, and all the Baptist publishers in America your accomplices, it would not change the color of this deed one whit-it is as black as midnight, and all the honorable names on earth cannot whiten it.

5. Charity! No, Sir; I do not come to you for charity. I ask only justice at your hands; I ask you to let alone what belongs to me, and to my children. And whether, through the mercy of God, I have a decent provision, or am left to starve in a gutter, it need concern you in no way whatever. 6. I am sorry you have incurred expenses so recklessly; but business men do make mistakes and recover (I rather think) more readily by an honorable course, than by a dishonorable one. The conclusion of your defence is but the rum-seller's excuse-"If I do not make this man drunk, somebody else will."

The writing of this letter has been a sorrowful task to me. It has made my heart ache. If any thing in it seems harsh, it is the harshness of truth, not of ill-will. If I had been alone in the world, I should probably have borne this injury in silence; but I am the guardian of six orphan children, whose rights it is my duty to try to protect. I have now done for them what I could, and commit them to their Father's care.

formed the Committee, through witness, that she preferred the Rev. Dr. Wayland as the biographer of her late husband; witness had not sought to induce her to make this nomination; the choice was wholly her own, and it was decided; in order to give the more weight to the application, a vote was passed by the Committee, requesting Dr. Wayland to undertake the work; witness was not aware that the Committee passed this vote reluctantly; he said nothing in the If you persist in your work, there will be no further oc- way of urging them to pass it; it was not needed that anycasion for writing between us. thing should be said; the vote was not divided; it was unanimous.

May the Lord forgive you, and give you a better mind.
EMILY C. JUDSON.

To E. H. FLETCHER, Esq, New York.

Mr. Willard addressed the Court, stating that he
could not consent that Mrs. Judson's memory
should sustain such an injury as was likely to re-
sult from the writing of such letters. They were
written on her death-bed, and were harsh in tone
and bitter in spirit. He moved to exclude the last
letter from the consideration of the jury.
The Chief Justice denied the motion, and Mr.
Willard excepted.

The plaintiff then called Dr. Edward Bright, and
he was sworn, but before his examination the
Court adjourned.

SECOND DAY.-FEB. 28.

Upon the opening of the Court, Mr. Henry S. Dodge arose and announced to the Court the death of the Hon. Henry P. Edwards, a Judge of the Supreme Court of this district, and moved that the Court adjourn out of respect to his memory. Mr. O'Conor seconded the motion, with a few appropriate remarks.

The Court here interposed, stating that it did not observe the relevancy of such inquiries. Mr. Willard replied that his object was to impeach the testimony of the witness, by showing that he was an interested party, striving to induce Mrs. Judson to favor Dr. Wayland's appointment, and the Committee to confirm it, for partisan ends, and then seeking to induce her to dispose of the publishing of the book, for his own pecuniary ends.

Cross-examination continued.-Nothing was expressed in the Committee, to the effect that there were differences between the views of Dr. Judson and Dr. Wayland; wit

ness believed that no two great men have ever differed less on great questions. The Committee terminated their connection with the memoir in June, 1853, when the manuscript was ready for a publisher; they did so at Mrs. Judson's request, she preferring to relieve them from the delicate responsibility of selecting a publisher; she proposed to take this upon herself; she selected her publishers with my ceived from about twenty publishers; some houses offered concurrence, but not by my advice. Proposals were rea larger percentage than Phillips, Sampson & Co., but none made a better offer; there were four things to be taken into account in estimating the relative value of an offer: the CHIEF JUSTICE OAKLEY said "I feel, gentlemen, character and business facilities of the house making prothe heavy loss the Bar and the Bench both sus-posals, the price at which it was proposed to sell the book, the scale of discounts proposed to be adopted for those who tained in the death of Judge EDWARDS. No one could be more missed than he, and the announce-buy to sell again, the percentage it was proposed to give to ment of this sad event, so sudden, in this early period of his life, and in the prime of his strength and usefulness, should be an awful warning to us all of the uncertainty of human life. In accordance with the motion, I shall therefore adjourn this Court to 10 o'clock to-morrow morning, when the cause now on trial before me will be resumed. The Court was accordingly adjourned.

THIRD DAY.-MARCH 1.

things into account, the proposals of Phillips, Sampson & Co., were the best. Witness had had a son in the employ

the author or owner of the copyright; and, taking these four

of Phillips, Sampson & Co.; he was not thus engaged at the

time the contract was made, and there was no such expectation; he was then a student in Brown University, hoping to make the law his profession; Mrs. Judson accepted the conditions for publishing in June, 1853, and the clerkship was commenced in the following October; it was wholly an afterthought, growing out of the pecuniary inability of the witness to incur the expense of his son's legal education; the clerkship was terminated October, 1854, since which time his son has been prosecuting his legal studies. Witness had not sought to prejudice Mrs. Judson against Mr.

Dr. Edward Bright was called to the stand and Fletcher; had no recollection of having written her with testified as follows:

Direct examination, by Mr. O'Conor.-Witness had
known the late Dr. Judson; and knew Mrs. Judson, inti-
mately, for many years; she died on the 1st of June, 1854,
in Hamilton, N. Y.; is one of her executors, and also one of
the guardians of her children. Knows fully and exactly the
amount of her estate; his deposition-made previously to
Mrs. Judson's death-had somewhat overstated the amount
and income of her estate; he was now satisfied that her in-
come,
from all sources, could not have exceeded a thousand
dollars a year.

Having gone through with these somewhat singular arguments, you come to me with your "conditions." I cannot, without compromising my self-respect, go over these in Cross-examined by Mr. Willard.-Witness bad formerly detail, and so would simply say that I acknowledge no dic-been a bookseller in Utica, N. Y.; in 1810 became a clergytator in my own affairs, and that I beg leave to decline all man. Dr. Judson died in 1850; the intelligence was reinterference with yours. If you conclude to desist from the wrong you are doing, well and good; if not, the Lord judge between us.

In conclusion you ask me to think you "capable of better than sordid motives." What saith the Scriptures? "By their fruits," &c. You have furnished me with a cluster of as sharp thorns as were ever planted in a sick woman's pillow, and it is all the "fruit" of yours that I have ever seen. I can not imagine these to be the refreshing grapes so grateful to a female lip. I know too well what they are. Still, they may have been hung upon your vine by some foreign hand-those blind leaders of the blind who have advised you to commit a wrong. It is not mine to judge you, and I will not. I leave it all to Him who knows the heart of man completely.

ceived at the Missionary Rooms the first week in Septem-
ber of that year, and was communicated to the Executive
Committee of the American Baptist Missionary Union, on
the 9th day of that month. They at that time requested
the Secretaries to take the necessary steps to procure ma-
terials for a memoir; they did not propose to publish such
a memoir; they intended to do no more than was necessary
to secure a first-class biography, and to protect the rights of
the family of Dr. Judson. Mrs. Judson, then in Burmah,
was informed of what had been done, and a full expression
of her own wishes was desired; her answer was received in
April, 1851, approving the course taken by the Committee,
but expressing a wish that no arrangements should be made,
either for an author or publisher, till after her return to the
United States; she arrived early in October, 1851, and in-

regard to him; had no knowledge of the circumstances which induced her to write to Mr. Fletcher; did not know who informed Mrs. Judson that Mr. Fletcher designed to publish a “book about her husband." Witness was then questioned as to the amount of Mrs. Judson's property. The result, however, was the same as before stated; the executors had received about $11,500 as the avails of the copyright of Dr. Wayland's book; the sales still continue; did not know how many copies were ordered in advance of its publication; was not aware that the last edition which the public would demand, had yet been issued; $500 only had been received on the copyright prior to April, 1854. A part of her property was presented her by gentlemen in India, after her husband's decease, as a tribute of respect to his memory. Her available funds were deposited with the Treasurer of the American Baptist Missionary Union, on her return to the United States, for safe-keeping; of the $2,000 paid her by Mr. Eddy, within a single year, at least one-half was from the principal of money thus deposited, the interest not being adequate to the support of her family. Mrs. Judson had made the American Baptist Missionary Union her residuary legatee.

Direct, by Mr. O'Conor.-Mr. Fletcher was one of the competitors for the publication of Dr. Wayland's work, and offered a larger percentage than Phillips, Sampson & Co. His offer was declined.

Cross-examination.—I have read the preface to Dr. Wayland's life of Dr. Judson. I suppose the facts therein stated to be true. They are so, so far as I know.

Mr. Willard then read in evidence the following missions. The views which were made most prominent I should not think they would interfere with each other's sale. extract from the preface: were not held by Dr. Judson.

Mr. Willard then read the following extracts from Dr. Wayland's book.

"When, in compliance with the request of the Executive Committee of the American Baptist Missionary Union, and of the widow of the late Dr. Judson, I undertook to com"Experience taught him (Dr. Judson) to adhere with pile the following memoir, I supposed that a large amount greater strictness to the example of missionary effort con. of his correspondence and other writings would be easily tained in the Acts of the Apostles. Mr. Wade and he at accessible. In this respect, however, I was entirely disap-once erected zayats at different parts of the town, and each made the viva voce preaching of the gospel his chief occupointed. From peculiar views of duty, Dr. Judson had caused to be destroyed all his early letters written to his pation." Vol. I, p. 415. family, together with all his papers of a personal character. Mrs. Ann H. Judson, from prudential reasons, during their captivity in Ava, destroyed all his letters in her possession. Manuscripts were also consumed by the burning of Mr. Stevens' house in Maulmain. Dr. Judson's correspondence with Dr. Staughton perished by the shipwreck of a vessel on the passage from Philadelphia to Washington. Last of all, his letters to his missionary brethren in Burmah were lost, by the foundering of the ship which was conveying them to this country. My materials, therefore, consisted chiefly of his official correspondence, much of which had

been published in missionary periodicals."

The CHIEF JUSTICE.-Well, well, get on gentlemen. I don't see but that we shall forget all about Mr. Norton.

Mr. Bright continued-Mrs. Judson received in 1853 upwards of $2,000 from Mr. Eddy; I knew that fact, and I think I so stated in my deposition. This money in Dr. Eddy's hands was deposited by Mrs. Judson. It was partly a present to her by some English gentlemen in Calcutta and partly the result of her literary labors.

I am Corresponding Secretary of the Missionary Union. She made this institution residuary legatee after providing

for the education of her children.

I have received from the sale of Dr. Wayland's book the sum of $11,500. I do not know how much had been received at the time of the publication of the libel. I think about $500. The sale of the book was not confined to subscription; it continued to have a large sale throughout the winter of 1853 and 1854.

Direct resumed.-Mr. Fletcher was one of the competitors; but his offer was not accepted. I do not recollect what his offer was. I think that it was a larger sum than that offered by Phillips, Sampson and Co. I do not know any thing of the publication of Burmah's Great Missionary. Cross-examination.-The competing parties had no ac

"I am more and more convinced that Burmah is to be evangelized by tracts and portions of scripture. They are a reading people beyond any other in India. The press is the grand engine for Burmah. Every pull of brother Bennet at the press sends another ray of light through the darkness of the empire." Vol. I, p. 510.

Mr. O'Conor. Is that brother Bennet of the Herald? (Laughter.)

Mr. Willard. The former extract, if the Court please, is Dr. Wayland's representation of Dr. Judson's principles. The latter is an extract of one of Dr. Judson's own letters. He used the printing press as a means of spreading the gospel. Dr. Wayland thought this all wrong; that he should confine himself to the apostolic methods of disseminating the truth.

The CHIEF JUSTICE. Well, I believe the apostles did not do much with printing presses in those days, did they? (Laughter.)

Mr. Willard. I believe not.

Examination of Mr. Middleditch resumed. Mr. Fletcher's book was made up from published documents of Dr. Judson's. They were published in the Christian Watchman and other papers. There are not half a dozen facts taken from Dr. Wayland's book. It is in no sense an abridgment of Dr. Wayland's book. I did not rely upon it for facts. There are two or three incidents for which I am indebted to Dr. Wayland. But I did not copy these from his book; I

rewrote them.

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Cross-examined. I first undertook the preparation o this work, some two or three weeks after Dr. Wayland's book was published. I had read but a part of Dr. Wayland's life. I have now read it pretty closely, with a view of knowing its whole contents. I believe I had read all the original matter. I had read only a part of the compiled matter. I could not say how much. I should think about Mr. Willard. Then they were buying a "pig in of it. I should not like to swear positively that I had not three quarters. I could not say that I had read five-sixths a poke."

cess to the MSS.

Mr. O'Conor.-A careful memoir of a very nent missionary, by a venerable clergyman equally eminent and that you call a "pig in a poke." The defendants here rested, and the plaintiffs called

read nine-tenths of it. I did not read the whole corresponemi-dence and journals before I began my work. I could not say how much I read. The general principle upon which I went, was not to take any facts from Dr. Wayland's life which I had found elsewhere. Where I found any differences between Dr. Wayland's copy and copies I found elsewhere, I generally took the copies I found elsewhere. I do Robert P. Middleditch.—I am a minister of the Baptist not recollect finding any documents not issued by the Secdenomination; am the author of Burmah's Great Mission-retary of any religious body in Dr. Wayland's. I took the ary. The preparation of that book was first suggested by

Mr. Fletcher.

Question.-What was the intention of yourself and Mr. Fletcher in preparing the work?

Answer.—A short time after Dr. Wayland's life was

lished, there was said to be-—————————

few facts which I took from Dr. Wayland's book because I wanted them. I don't think it was any great sin. I do not know that the facts which I took were of any great import ance. I considered them desirable for the purpose of makpub-ing the book perfect. I put the facts which I took in my own language. The object of my book was not to make quotations, but to make a continued narrative of my own. The preface to Burmah's Great Missionary was written by me. I suppose it to be true. I do not recollect any thing in it to be false.

Mr. O'Conor.-Oh, no, no! That won't do. No matter

what was said to be.

Mr. Middledilch.-Well, then, I will say that there

was

Mr. O'Conor.-Oh, no you won't. Not if I can help it (laughter).

By a Juror. I have been a member of the Baptist denomination in this country for some nine years. The whole The CHIEF JUSTICE.-I think that is admissible. He may of the foreign correspondence is not published in the Misprove the public sentiment. Mr. O'Conor-Well, then, I can't help it (laughter). Go on, sir.

sionary Magazine.

Hiram Dayton called, and sworn. In the fall of 1854

Mr. Fletcher sold Wayland's book. I often heard people that came into the store to purchase, complain of the book,

Rufus Badcock. I am a clergyman, and am now the Secretary of the Baptist Missionary Society. I know Mr. Fletcher. I read his work within a month after its publication. There were decided differences of opinion in my denomination concerning Dr. Wayland's book. I think there was a pretty wide call for another life of Dr. Judson after Dr. Wayland's life was published.

James R. Stone. I reside in Williamsburgh, and am now a Secretary of the American Baptist Missionary Society. I know that there are differences of opinion in the Baptist denomination concerning the method of conducting missions. Dr. Wayland's book was of such a character that I think another book was called for.

Mr. Willard then said he had two other witnesses, who had been in court all the morning, one of whom had come from Philadelphia. It was now near the hour of adjournment. If the Court would allow him, he would examine these witnesses the first thing in the morning, previous to summing up.

Mr. O'Conor said that he had one more witness to examine. He would call him now, and perhaps Mr. Willard's witnesses would come in before the adjournment. He then called

8. S. Cutting. I am a minister of the Baptist denomination. I am the Editor of the New York Register, a Baptist

weekly journal. There is a difference of opinion in the Baptist denomination as to whether oral or written means of spreading the Gospel should be most prominent. This question first became prominent in the winter of 1858, on the arrival of intelligence concerning missionary doings in Maulmain. Mr. Fletcher's proposal to print his book was made before this difference of opinion became public. The advertisement announcing his book was inserted in the Recorder of October 26, 1853.

Cross-examined. A question of this sort was raised by Dr. Wayland in the spring of 1853, in a convention at Albany, some four months before the publication of his life of Judson. But it did not become the subject of general discussion till afterwards,

Mr. Willard then called

John Dowling.-I am a clergyman. I reside in Philadelphia; was personally acquainted with Mrs. Judson; am personally acquainted with Mr. Fletcher; I am acquainted with Dr. Wayland's work. There was some dissatisfaction with Dr. Wayland's work; my own opinion, and I think the opinion was extensive, was that another smaller book was needed. In this book of Mr. Fletcher's there is an avoidance of those topics somewhat treated of in Dr. Wayland's book calculated to impair its value.

Mr. Willard.-He is your witness, Mr. O'Conor. Mr. O'Conor.-Oh no, he isn't. I don't want

him.

Dr. Cone was then called, and testified as follows:-I am a minister of the Baptist denomination, and have been for

many years. I think there was a pretty general impression in our denomination, that a book of a smaller size than Dr. Wayland's, was needed. I have not read a line of either of the memoirs. I anf well acquainted with all the missionaries who went to Burmah. I have read all the reports and correspondence of those missionaries. I suppose that some such book as Mr. Fletcher's was needed. I never, however, gave an opinion in writing or in words, concerning the merits of his book. That such a work was needed I have expressed repeatedly.

The plaintiff then read the deposition of Richard D. Eddy which was substantially as follows:

DEPOSITION OF RICHARD D. EDDY.

In December, 1853, I had about $2,300 of Mrs. Emily C. Judson's in my hands. During the year ending December

1, 1853, I paid her $2,193 08, in twenty-nine different payments, Mrs. Judson resides in Hamilton, N. Y. She is in

Mr. Middleditch-There was a general impression that
Dr. Wayland's book did not meet the wants of all those for some reason or other. Some that it was too high priced. Very infirm health. She has one child of her own and sup-

who wished the life of Dr. Judson, owing to the prominence given by Dr. Wayland to his own peculiar views. This was my own view. I have heard this opinion expressed to Mr. Fletcher, before the publication of this book. Dr. Wayland's book was merely a compilation of Dr. Judson's correspondence, journals, &c. There was not enough connected biography in it. Moreover, a prominence was given by Dr. Wayland to certain methods of carrying on Christian

some that it contained too much. Our sale was mostly by agency. Our agents complained that there was a large class who would not buy the book; these complaints were made before the work of Mr. Fletcher was projected. Mr. Fletcher was aware of these complaints.

ST. Allen. I am an editor; am the editor of Merry's Museum. I published the Mother's Magazine. I have read the two works here in suit. They are very different, works.

treasurer of the American Baptist Union, I paid her an alports three of the late Dr. Judson's, and may another. As lowance from the society for four children under the age of sixteen. All that I have belonging to Mrs. Judson is in money. She deposits with me, as treasurer, and draws on me when she wants the funds.

This closed the evidence in the case, and the Court adjourned for the day.

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FOURTH DAY.-MARCH 2.

At the opening of the Court, Mr. O'Conor rose, and spoke for the defence as follows:

GENTLEMEN: The merits of this controversy have been so fully observed upon in the opening of the learned counsel for the plaintiff, and also in

the remarks that I had the honor to address to

113

patronage for her works to give her a reasonable lage of Hamilton, in the county of Madison, and and ample subsistence. In uniting herself with there spent the rest of her life, taking care of and him, she became the servant of the Lord, bound to cherishing and supporting this family. How did go forth among remote and distant climes, among she spend that life? Why, in the first place, she strangers, to encounter not only the perils of the attended with the fidelity of a wife to the reputaocean, but the perils of climates to which she was tion of her deceased husband, and the interests of unaccustomed, and climates fraught with dangers, those of her class. She secured as the editor of and among a people where the laws were not reg- the memoirs of her husband-a task which, owing you, that I feel in a great degree doubtful whether ularly ordered and well established as with us; to her feeble condition of health, she was probably and it may be well said, that she was exposed to unable to fulfill herself, and, at all events, she might there is any propriety in my wearying you at all; and certainly if I have now the power of condensing every danger to which human beings can well be well think with her becoming modesty that the to a narrow compass the sum total of my thoughts exposed in this life. She went with him. She par-name she enlisted was a greater name for the cause, upon the subject, I ought to be able to finish my ticipated in all his trials. She ministered to him and for the profit that would result to her family, remarks to you in a very few minutes indeed; be- unto the end. She received the legacy from him of than her own--she obtained the aid in the authorcause there is nothing new to be said, and it is being the guardian and the parent of the children ship of this work, in two volumes, being a history now left without any other parent than herself, and of her husband's missionary labors, and a biograneither pleasant nor profitable to consume our time in repetitions of that which has been uttered, He who is the parent of us all. She appears to have phy of his private life, of one who, I trust, none attracted as much admiration abroad as at home; of his class will consider me wrong in saying, was heard, and I trust, fully understood. But parties here feel some interest, and there are a few things for it seems that immediately upon her being thus a man most eminent in the persuasion to which which, perhaps, ought to be said, which would not left a destitute widow, a considerable collection he belonged-eminent not only for talents, but was made among the benevolent Christians who eminent for high station, for private worth, and be essentially repetitions; and therefore I must were in that neighborhood or vicinity-traders or for Christian purity, and I should say, last but not address you. My present idea is, that I shall occupy your attention but a very little time. We some-merchants, I presume-it is not exactly explained least, perhaps the highest of his commendations, most striking eminence for his Christian and gentimes mistake the measure of our capacity, and I who they were-by which she was possessed of so far as they relate to worldly qualities, was his may probably weary you. I shall endeavor, how- what was a considerable little fund when she reever, not to do so. This case is exceedingly sim- turned with this family to her own country. tleman-like modesty. She had that work prepared ple, Gentlemen; and a proper understanding of the We find her arriving here some time, I think, in and published. She had it prepared and published rules of law and reason applicable to it, which 1851 or 1852, with the news of his death. Exactly with the unanimous approval of the whole body of doubtless you have, will enable you with great when that barbed arrow, which she carried during the executive committee of that Baptist institupromptitude to come to such a unanimous decision the whole of her trials-that fatal disease, cousump- tion, upon whom the duty of preparing and superamong yourselves, as will be satisfactory to the tion-exactly when that arrow penetrated her bo- intending, and guarding it against any errors, prosentiments of every just and honorable man feel- som has not been stated; but we know, though perly devolved. We find her moving onward in a sure and certain is the wound, that death follows career I will not say useful, but most dutiful. It ing an interest in this question, and, at the same but slowly after its first reception; and during the may be thought—and I think a word of that kind time, conformable to the law of the land. period covered by this controversy, this lady was fell from the zealous lips of one of the reverend gradually sinking under the influence of that ter- gentlemen who appeared as a witness here, and relations of these parties may not be amiss here, as rible scourge. Nevertheless, she seems to have against whom I have not a word to say-it may be a prelude to what I shall say-merely recalling the performed all her duties, worldly and spiritual, in thought in securing the profits of that work to supmatter to your attention. You have heard, Gentlemen, that in the year 1845, the Rev. Mr. Judson a degree that may challenge the admiration of all port the children of the deceased missionary, that men. She was not the mother of these children, there may have been, in some little degree, a sacriwas an experienced and somewhat aged missionary and had not that natural tie which might bind her, fice of the interests of this institution, and that the engaged in disseminating the Gospel in foreign one might say, even in spite of herself, to cling to profits ought to have gone into the coffers of some one of those institutions intended for the spread of lands, among semi-barbarous nations, under the the Gospel. I will not debate that question, alpatronage, direction, and advice of the head insti- their fortunes; but she possessed that lofty, nobly honorable and pure principle that has nothing tutions of his particular form of belief. He was a veteran in the service. He was a widower with six to support it in the mere common animal instincts though there are two sides to it; but I think it does hiring and paying the expenses of new missionachildren. On his return to his own country in that which serve some people in lieu of the more lofty not follow that money which might be employed in year, received by those who loved and admired him virtues. On her return to this country, what was with open arms, and with honor and applause, he her condition? She had this little gift which had ries, or in employing printers to disseminate their been made to her abroad, and taking into consi-works-I think it does not follow that the money found a very eminent and distinguished lady, also belonging to his persuasion, single, and suitable deration the allowance made for very young chil-which might thus be applied, is misapplied if it be dren, under sixteen, I think, and the widows of given to sustain from distress, wretchedness, and therefore, of course, to form a union with himself, deceased missionaries, by one of the Baptist institu- pauperism the dying widow, the aged father and

A slight, brief, and simple recapitulation of the

and to be a mother to his motherless children-a

lady who was distinguished for what I may call tutions, and the little savings that she had accumu-
worldly accomplishments, as well as for her chris-lated by the labors of her literary life, previous to
her becoming the wife of Mr. Judson, she had an
tian and spiritual character. She was an accom-
income which my learned friend has been very un-
plished writer, an accomplished woman in every willing to allow me to call $1,000 a year, but insisting
sense. Her life had been devoted to the prepara-that I should call $1,100. She had an income amount-
tion and publication of works partaking in some
ing to $1,100 a year; that is to say, this woman, with
degree of a worldly character; works of fiction ap-
a broken constitution,dying of consumption, had an
proaching the character of novels; but they were
novels of a peculiar class, devoted to peculiar de-estate which, taken altogether, was capable of

"pon her the duty of supporting-having volun-
tarily taken upon herself that duty-the orphan
children of the deceased missionary, six in number.
She had a second duty, charged upon her by nature
and nature's God--the duty of supporting her own
father and mother; and she was thus the sole

mother-in-law, and the young and delicate orphan children of the missionary who has devoted his life to the service. It has been thought, and this relates merely to worldly wisdom, not an unwise distribution of public money, that those who die in the public service should have some slight allow

ance made to their widows and children, by way of

pensions, out of the public treasury, in order that gallantly to battle against the common enemy, and the surviving confréres of those men who go forth

ten; and I do not believe that God's treasury is robbed when the money is applied to support one of those. Jesus has said: "Suffer these little ones to come unto me, for of these is the kingdom

and children, should they fall, will not be forgot

signs different than those works generally are. She yielding to her $1,100 a year. She had charged fall in the struggle, may know that their widows wrote with a view of making morality and religion captivating and beautiful, and represented, as Milton has done, the same matter that is to be found in the Divine Gospel in a form more captivating, perhaps, to some who needed to be ministered unto, than in the Gospel itself. She therefore was a person stay and the sole support of a family. There is of God." Gentlemen, I will not dwell further upin every possible view of the case, most admirably suited to become a companion of this worthy and one person further whom she had the charge of, distinguished servant of the Lord in the spread of and who is not precisely specified in proof. But of the Gospel. She appears to have been worthy in she had charged upon her, according to the testi- Gentlemen, what did she do?-and they have seen every sense, to become his assistant and companion; mony, including herself, ten persons: six children, fit to prove that-what did she do when the shafor, at the time of forming her union with him, she her father and mother, and, I think, a sister. Well, Gentlemen, we see that she proceeded to was living in the land of her nativity, surrounded with friends and admirers, and enjoying sufficient her little home, on her own little estate, in the vil

on

that. I have only adverted to it for the purpose around the brow of this departed angel. Why, showing what a halo of sanctity seems to rest

dow of death was closing around her, and she was about to be called from this world, no longer to be the administratrix of this little fund? Why she

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