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"Yes, sir."
"Was that the reason why, the next day after the alleged a.s.signment, you wrote him a letter, urging him to make the a.s.signment, and offering him a royalty for the use of his patents?"
"I never wrote any such letter, sir. I never sent him any such letter, sir."
"You sent him to the asylum, did you?"
"I co-operated with others, sir, and paid the bills," said Mr. Belcher, with emphasis.
"Did you ever visit the asylum when he was there?"
"I did, sir."
"Did you apply to the superintendent for liberty to secure his signature to a paper?"
"I do not remember that I did. It would have been an unnatural thing for me to do. If I did, it was a paper on some subordinate affair. It was some years ago, and the details of the visit did not impress themselves upon my memory."
"How did you obtain the letters of Nicholas Johnson and James Ramsey? I ask this, because they are not addressed to you."
"I procured them of Sam Yates, in antic.i.p.ation of the trial now in progress here. The witnesses were dead, and I thought they would help me in establishing the genuineness of their signatures."
"What reason had you to antic.i.p.ate this trial?"
"Well, sir, I am accustomed to providing for all contingencies. That is the way I was made, sir. It seemed to me quite probable that Benedict, if living, would forget what he had done before his insanity, and that, if he were dead, some friend of his boy would engage in the suit on his behalf. I procured the autographs after I saw his boy in your hands, sir."
"So you had not seen these particular signatures at the time when the alleged a.s.signment was made."
"No, sir, I had not seen them."
"And you simply procured them to use as a defense in a suit which seemed probable, or possible, and which now, indeed, is in progress of trial?"
"That is about as clear a statement of the fact as I can make, sir;"
and Mr. Belcher bowed and smiled.
"I suppose, Mr. Belcher," said Mr. Balfour, "that it seems very strange to you that the plaintiff should have forgotten his signature."
"Not at all, sir. On the contrary, I regard it as the most natural thing in the world. I should suppose that a man who had lost his mind once would naturally lose his memory of many things."
"That certainly seems reasonable, but how is it that he does not recognize it, even if he does not remember the writing of it?"
"I don't know; a man's signature changes with changing habits, I suppose," responded the witness.
"You don't suppose that any genuine signature of yours could pa.s.s under your eye undetected, do you?" inquired Mr. Balfour.
"No, sir, I don't. I'll be frank with you, sir."
"Well, now, I'm going to test you. Perhaps other men, who have always been sane, do sometimes forget their own signatures."
Mr. Balfour withdrew from his papers a note. Mr. Belcher saw it in the distance, and made up his mind that it was the note he had written to the lawyer before the beginning of the suit. The latter folded over the signature so that it might be shown to the witness, independent of the body of the letter, and then he stepped to him holding it in his hand, and asked him to declare it either a genuine signature or a forgery.
"That's my sign manual, sir."
"You are sure?"
"I know it, sir."
"Very well," said Mr. Balfour, handing the letter to the clerk to be marked. "You are right, I have no doubt, and I believe this is all I want of you, for the present."
"And now, may it please the Court," said Mr. Balfour, "I have some testimony to present in reb.u.t.tal of that of the defendant. I propose, practically, to finish up this case with it, and to show that the story to which you have listened is false in every particular.
"First, I wish to present the testimony of Dr. Charles Barhydt." At the p.r.o.nunciation of his name, the man in spectacles arose, and advanced to the witness-stand.
"What is your name?" inquired Mr. Balfour.
"Charles Barhydt."
"What is your profession?"
"I am a physician."
"You have an official position, I believe."
"Yes, sir; I have for fifteen years been the superintendent of the State Asylum for the insane."
"Do you recognize the plaintiff in this case, as a former patient in the asylum?"
"I do, sir."
"Was he ever visited by the defendant while in your care?"
"He was, sir."
"Did the defendant endeavor to procure his signature to any doc.u.ment while he was in the asylum?"
"He did, sir."
"Did he apply to you for permission to get this signature, and did he importunately urge you to give him this permission?"
"He did, sir."
"Did you read this doc.u.ment?"
"I did, sir."
"Do you remember what it was?"
"Perfectly, in a general way. It was an a.s.signment of a number of patent rights and sundry machines, implements and processes."
Mr. Balfour handed to the witness the a.s.signment, and then said: "Be kind enough to look that through, and tell us whether you ever saw it before."